Vol. 84 Wednesday, No. 113 June 12, 2019

Pages 27193–27502

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 18:56 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\12JNWS.LOC 12JNWS jbell on DSK3GLQ082PROD with FRONTWS II Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, under the Federal Register Act (44 U.S.C. Ch. 15) Subscriptions: and the regulations of the Administrative Committee of the Federal Paper or fiche 202–512–1800 Register (1 CFR Ch. I). The Superintendent of Documents, U.S. Assistance with public subscriptions 202–512–1806 Government Publishing Office, is the exclusive distributor of the official edition. Periodicals postage is paid at Washington, DC. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 202–512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 1–866–512–1800 Executive Orders, Federal agency documents having general (Toll-Free) applicability and legal effect, documents required to be published FEDERAL AGENCIES by act of Congress, and other Federal agency documents of public Subscriptions: interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the Email [email protected] issuing agency requests earlier filing. For a list of documents Phone 202–741–6000 currently on file for public inspection, see www.federalregister.gov. The seal of the National Archives and Records Administration The Federal Register Printing Savings Act of 2017 (Pub. L. 115- authenticates the Federal Register as the official serial publication 120) placed restrictions on distribution of official printed copies established under the Federal Register Act. Under 44 U.S.C. 1507, of the daily Federal Register to members of Congress and Federal the contents of the Federal Register shall be judicially noticed. offices. Under this Act, the Director of the Government Publishing The Federal Register is published in paper and on 24x microfiche. Office may not provide printed copies of the daily Federal Register It is also available online at no charge at www.govinfo.gov, a unless a Member or other Federal office requests a specific issue service of the U.S. Government Publishing Office. or a subscription to the print edition. For more information on how to subscribe use the following website link: https:// The online edition of the Federal Register is issued under the www.gpo.gov/frsubs. authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 1, 1 (March 14, 1936) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $860 plus postage, or $929, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $330, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 84 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 18:56 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\12JNWS.LOC 12JNWS jbell on DSK3GLQ082PROD with FRONTWS III

Contents Federal Register Vol. 84, No. 113

Wednesday, June 12, 2019

Agency for Healthcare Research and Quality Education Department NOTICES PROPOSED RULES Requests for Nominations: Student Assistance General Provisions, The Secretary’s National Advisory Council for Healthcare Research and Recognition of Accrediting Agencies, The Secretary’s Quality, 27331 Recognition Procedures for State Agencies, 27404– 27492 Agriculture Department NOTICES See Foreign Agricultural Service Applications for New Awards: Personnel Development to Improve Services and Results for Children with Disabilities––Doctoral Training Air Force Department Consortia Associated with High-Intensity Needs, NOTICES 27314–27322 Meetings: Scientific Advisory Board, 27300–27301 Energy Department See Federal Energy Regulatory Commission Coast Guard NOTICES PROPOSED RULES Application to Export Electric Energy: Safety Zones: Merrill Lynch Commodities, Inc., 27322–27323 AASCIF Fireworks Display, Lake Erie, Cleveland, OH, 27210–27212 Environmental Protection Agency NOTICES RULES Agency Information Collection Activities; Proposals, Air Quality State Implementation Plans; Approvals and Submissions, and Approvals, 27341–27344 Promulgations: District of Columbia; Administrative Corrections and Commerce Department Emissions Statements Certification for the 2008 See Economic Analysis Bureau Ozone National Ambient Air Quality Standard, See Foreign-Trade Zones Board 27202–27205 See Industry and Security Bureau PROPOSED RULES See International Trade Administration Air Quality State Implementation Plans: See National Oceanic and Atmospheric Administration Illinois; Sulfur Dioxide, 27212–27215 NOTICES Request for Nominations: Copyright Royalty Board Science Advisory Board Economic Guidelines Review NOTICES Panel, 27327–27328 Distribution of Digital Audio Recording Royalty Funds, 27362 Federal Aviation Administration RULES Defense Department Airworthiness Directives: See Air Force Department The Boeing Company Airplanes, 27193–27197 RULES NOTICES Federal Acquisition Regulation: Agency Information Collection Activities; Proposals, Exception from Certified Cost or Pricing Data Submissions, and Approvals: Requirements––Adequate Price Competition, 27494– Human Space Flight Requirements for Crew and Space 27497 Flight Participants, 27391 Federal Acquisition Circular 2019–03; Introduction, 27494 Federal Bureau of Investigation Federal Acquisition Circular 2019–03; Small Entity NOTICES Compliance Guide, 27497 Agency Information Collection Activities; Proposals, Wildfire Suppression Aircraft Transfer Act, 27201–27202 Submissions, and Approvals, 27359–27361 NOTICES Agency Information Collection Activities; Proposals, Federal Communications Commission Submissions, and Approvals: NOTICES Federal Acquisition Regulation Part 4 Requirements, Charter Renewals: 27329–27331 Advisory Committee on Diversity and Digital Arms Sales, 27301–27314 Empowerment, 27328

Economic Analysis Bureau Federal Energy Regulatory Commission RULES NOTICES International Services Surveys: Application: BE–140 Benchmark Survey of Insurance Transactions by Public Utility District No. 2 of Grant County, WA, 27325– U.S. Insurance Companies with Foreign Persons, 27326 27197–27200 Combined Filings, 27323–27324

VerDate Sep<11>2014 19:31 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\12JNCN.SGM 12JNCN jbell on DSK3GLQ082PROD with CONTENTS IV Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Contents

Complaint: General Services Administration American Aviation Supply, LLC, Delta Air Lines, Inc., RULES JetBlue Airways Corp., United Airlines, Inc. v. Federal Acquisition Regulation: Buckeye Pipe Line Co., LP, 27326–27327 Exception from Certified Cost or Pricing Data LSP Transmission Holdings II, LLC, Cardinal Point Requirements––Adequate Price Competition, 27494– Electric, LLC, LS Power Midcontinent, LLC v. 27497 Midcontinent Independent System Operator, Inc., Federal Acquisition Circular 2019–03; Introduction, 27323 27494 Effectiveness of Exempt Wholesale Generator Status: Federal Acquisition Circular 2019–03; Small Entity AES ES Gilbert, LLC; Canal 3 Generating, LLC; Sage Solar Compliance Guide, 27497 I, LLC; et al., 27325 NOTICES Petition for Declaratory Order: Agency Information Collection Activities; Proposals, Pacific Gas and Electric Co., 27325 Submissions, and Approvals: Federal Acquisition Regulation Part 4 Requirements, Federal Maritime Commission 27329–27331 NOTICES Health and Human Services Department Agreements Filed, 27328–27329 See Agency for Healthcare Research and Quality See Food and Drug Administration Federal Railroad Administration See National Institutes of Health PROPOSED RULES See Substance Abuse and Mental Health Services System Safety Program and Risk Reduction Program, Administration 27215–27230 Homeland Security Department Federal Reserve System See Coast Guard NOTICES See Transportation Security Administration Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Housing and Urban Development Department Company, 27329 NOTICES Annual Factors for Determining Public Housing Agency Administrative Fees for the Section 8 Housing Choice Federal Retirement Thrift Investment Board Voucher, Mainstream, and Moderate Rehabilitation NOTICES Programs, 27345–27356 Meetings: Board Members, 27329 Industry and Security Bureau NOTICES Food and Drug Administration Agency Information Collection Activities; Proposals, RULES Submissions, and Approvals, 27240 Guidance: Order Renewing Order Temporarily Denying Export Premarket Tobacco Product Applications for Electronic Privileges, 27233–27240 Nicotine Delivery Systems, 27200–27201 NOTICES Interior Department Agency Information Collection Activities; Proposals, See Ocean Energy Management Bureau Submissions, and Approvals: Establishing and Maintaining Lists of United States International Trade Administration Manufacturers/Processors with Interest in Exporting NOTICES Center for Food Safety and Applied Nutrition– Antidumping or Countervailing Duty Investigations, Orders, Regulated Products, 27331–27333 or Reviews: Reporting Associated with Designated New Animal Drugs Certain Hot-Rolled Carbon Steel Flat Products from India for Minor Use and Minor Species, 27333–27335 and Indonesia, 27242–27243 Certain Hot-Rolled Steel Flat Products from the Republic Foreign Agricultural Service of Korea, 27244–27245 NOTICES Certain Steel Nails from the People’s Republic of China, Request for Nominations: 27240 Agricultural Trade Advisory Committees; Re-Chartering, Polyester Textured Yarn from India, 27240–27241 27231–27232 Potassium Permanganate from the People’s Republic of China, 27245–27246 Silicomanganese from India, Kazakhstan, and Venezuela, Foreign Assets Control Office 27243–27244 NOTICES Blocking or Unblocking of Persons and Properties, 27399– International Trade Commission 27402 NOTICES Investigations; Determinations, Modifications, and Rulings, Foreign-Trade Zones Board etc.: NOTICES Certain Blood Cholesterol Testing Strips and Associated Authorization of Production Activity: Systems Containing the Same, 27357–27358 The Woodbridge Group, Foreign-Trade Zone 68, El Paso, Certain Magnetic Data Storage Tapes and Cartridges TX, 27232–27233 Containing Same (II), 27358–27359

VerDate Sep<11>2014 19:31 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\12JNCN.SGM 12JNCN jbell on DSK3GLQ082PROD with CONTENTS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Contents V

Dried Tart Cherries from Turkey, 27359 Meetings: Center for Scientific Review, 27335–27338 Justice Department National Institute of Mental Health, 27338–27339 See Federal Bureau of Investigation National Institute on Aging, 27338 See Parole Commission National Institute on Alcohol Abuse and Alcoholism, NOTICES 27339 Proposed Settlement Agreement: CERCLA, 27361 National Oceanic and Atmospheric Administration NOTICES Library of Congress Meetings: See Copyright Royalty Board Columbia Basin Partnership Task Force of the Marine Fisheries Advisory Committee, 27288 Maritime Administration Schedules for Atlantic Shark Identification Workshops NOTICES and Safe Handling, Release, and Identification Agency Information Collection Activities; Proposals, Workshops, 27286–27288 Submissions, and Approvals: Takes of Marine Mammals Incidental to Specified Report of Ocean Shipments Moving under the Cargo Activities: Preference Act of 1954—Bill of Lading, 27391–27392 Marine Geophysical Survey in the Gulf of Alaska, 27246– 27270 National Aeronautics and Space Administration O’Connell Bridge Lightering Float Pile Replacement RULES Project in Sitka, AK, 27288–27300 Federal Acquisition Regulation: Pile Driving and Removal Activities During Construction Exception from Certified Cost or Pricing Data of a Cruise Ship Berth, Hoonah, AK, 27270–27286 Requirements––Adequate Price Competition, 27494– 27497 National Science Foundation Federal Acquisition Circular 2019–03; Introduction, NOTICES 27494 Meetings: Federal Acquisition Circular 2019–03; Small Entity Proposal Review Panel for International Science and Compliance Guide, 27497 Engineering, 27364 NOTICES Agency Information Collection Activities; Proposals, Nuclear Regulatory Commission Submissions, and Approvals: PROPOSED RULES Federal Acquisition Regulation Part 4 Requirements, Access to the Decommissioning Trust Fund: 27329–27331 Disposal of Large Components, 27209–27210 NOTICES National Archives and Records Administration Exemption; Issuance: NOTICES FirstEnergy Nuclear Operating Co., Beaver Valley Power Records Schedules, 27362–27363 Station, Unit 2, 27367–27372 Southern Nuclear Operating Co. Inc., Vogtle Electric National Endowment for the Arts Generating Plant Units 3 and 4, 27364–27367 NOTICES Ocean Energy Management Bureau Meetings: NOTICES Arts Advisory Panel, 27363–27364 Agency Information Collection Activities; Proposals, National Foundation on the Arts and the Humanities Submissions, and Approvals: Renewable Energy and Alternate Uses of Existing See National Endowment for the Arts Facilities on the Outer Continental Shelf, 27356– National Highway Traffic Safety Administration 27357 RULES Parole Commission Federal Motor Vehicle Theft Prevention Standard: NOTICES Final Listing of 2018 Light Duty Truck Lines Subject to Meetings; Sunshine Act, 27362 the Requirements of This Standard and Exempted Vehicle Lines for Model Year 2018, 27205–27208 Personnel Management Office NOTICES NOTICES Agency Information Collection Activities; Proposals, Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27395–27399 Submissions, and Approvals: Petition for a Temporary Exemption from all Requirements Questionnaire for National Security Positions, 27372– of FMVSS No. 126 and the Air Bag Requirements of 27373 FMVSS No. 208: Saleen Automotive Inc., 27392–27395 Postal Regulatory Commission NOTICES National Institutes of Health New Postal Products, 27373 NOTICES Agency Information Collection Activities; Proposals, Postal Service Submissions, and Approvals: NOTICES The Impact of Clinical Research Training and Medical Product Change: Education at the Clinical Center on Physician Careers First-Class Package Service Negotiated Service in Academia and Clinical Research, 27336 Agreement, 27373

VerDate Sep<11>2014 19:31 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\12JNCN.SGM 12JNCN jbell on DSK3GLQ082PROD with CONTENTS VI Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Contents

Presidential Documents See National Highway Traffic Safety Administration PROCLAMATIONS Special Observances: Transportation Security Administration National Day of Remembrance of the 75th Anniversary of NOTICES D-Day (Proc. 9904), 27499–27502 Request for Applications: Appointment to the Aviation Security Advisory Securities and Exchange Commission Committee, 27344–27345 NOTICES Agency Information Collection Activities; Proposals, Treasury Department Submissions, and Approvals, 27384–27385 Self-Regulatory Organizations; Proposed Rule Changes: See Foreign Assets Control Office BOX Exchange, LLC, 27388–27390 Miami International Securities Exchange, LLC, 27385– 27387 Separate Parts In This Issue Miami PEARL, LLC, 27381–27382 MIAX Emerald, LLC, 27382–27384 Part II Nasdaq BX, Inc., 27374–27381, 27387–27388 Education Department, 27404–27492 NYSE Arca, Inc., 27374 Part III State Department Defense Department, 27494–27497 NOTICES General Services Administration, 27494–27497 Agency Information Collection Activities; Proposals, National Aeronautics and Space Administration, 27494– Submissions, and Approvals: Statement of Consent: Issuance of a U.S. Passport to a 27497 Minor, 27390–27391 Designation as a Foreign Terrorist Organization: Part IV Shining Path (and Other Aliases), 27390 Presidential Documents, 27499–27502 Substance Abuse and Mental Health Services Administration Reader Aids Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals, 27339–27341 To subscribe to the Federal Register Table of Contents Transportation Department electronic mailing list, go to https://public.govdelivery.com/ See Federal Aviation Administration accounts/USGPOOFR/subscriber/new, enter your e-mail See Federal Railroad Administration address, then follow the instructions to join, leave, or See Maritime Administration manage your subscription.

VerDate Sep<11>2014 19:31 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\12JNCN.SGM 12JNCN jbell on DSK3GLQ082PROD with CONTENTS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 9904...... 27501 10 CFR Proposed Rules: 50...... 27209 14 CFR 39...... 27193 15 CFR 801...... 27197 21 CFR 1100...... 27200 1140...... 27200 1143...... 27200 32 CFR 171...... 27201 33 CFR Proposed Rules: 165...... 27210 34 CFR Proposed Rules: 600...... 27404 602...... 27404 603...... 27404 654...... 27404 668...... 27404 674...... 27404 40 CFR 52...... 27202 Proposed Rules: 52...... 27212 48 CFR Ch.1 (2 documents)...... 27494, 27497 15...... 27494 49 CFR 541...... 27205 Proposed Rules: 270...... 27215 271...... 27215

VerDate Sep 11 2014 18:56 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\12JNLS.LOC 12JNLS jbell on DSK3GLQ082PROD with FRONTLS 27193

Rules and Regulations Federal Register Vol. 84, No. 113

Wednesday, June 12, 2019

This section of the FEDERAL REGISTER for and locating Docket No. FAA–2018– Effect of Winglets on Accomplishment contains regulatory documents having general 0708. of the Proposed Actions applicability and legal effect, most of which are keyed to and codified in the Code of Examining the AD Docket Aviation Partners Boeing (APB) stated Federal Regulations, which is published under that accomplishing the Supplemental 50 titles pursuant to 44 U.S.C. 1510. You may examine the AD docket on Type Certificate (STC) ST00830SE does the internet at http:// not affect the ability to accomplish the The Code of Federal Regulations is sold by www.regulations.gov by searching for actions specified in the proposed AD. the Superintendent of Documents. and locating Docket No. FAA–2018– The FAA concurs with the 0708; or in person at Docket Operations commenter. The FAA has redesignated paragraph (c) of the proposed AD as DEPARTMENT OF TRANSPORTATION between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. paragraph (c)(1) of this AD and added Federal Aviation Administration The AD docket contains this final rule, paragraph (c)(2) to this AD to state that the regulatory evaluation, any installation of STC ST00830SE does not 14 CFR Part 39 comments received, and other affect the ability to accomplish the information. The address for Docket actions required by this AD. Therefore, [Docket No. FAA–2018–0708; Product Operations is U.S. Department of for airplanes on which STC ST00830SE Identifier 2018–NM–072–AD; Amendment is installed, a ‘‘change in product’’ 39–19652; AD 2019–11–06] Transportation, Docket Operations, M– 30, West Building Ground Floor, Room alternative method of compliance RIN 2120–AA64 W12–140, 1200 New Jersey Avenue SE, (AMOC) approval request is not Washington, DC 20590. necessary to comply with the Airworthiness Directives; The Boeing requirements of 14 CFR 39.17. Company Airplanes FOR FURTHER INFORMATION CONTACT: Alan Pohl, Aerospace Engineer, Request To Revise Applicability AGENCY: Federal Aviation Airframe Section, FAA, Seattle ACO Southwest Airlines (SWA) requested Administration (FAA), DOT. Branch, 2200 South 216th St., Des that paragraph (c) of the proposed AD be ACTION: Final rule. Moines, WA 98198; phone and fax: 206– revised to include aircraft with APB STC ST00830SE installed, with either SUMMARY: The FAA is adopting a new 231–3527; email: [email protected]. blended or split scimitar winglets. SWA airworthiness directive (AD) for certain SUPPLEMENTARY INFORMATION: noted that paragraph 1.F of Boeing Alert The Boeing Company Model 737–600, Service Bulletin 737–53A1368, dated –700, –700C, –800, –900, and –900ER Discussion February 27, 2018, addresses the series airplanes. This AD was prompted The FAA issued a notice of proposed approval statement that the service by reports of cracks in the skin and a rulemaking (NPRM) to amend 14 CFR information is also approved for certain chord at three fastener locations part 39 by adding an AD that would airplanes having FAA APB STC common to the drag link assembly at the apply to certain The Boeing Company ST00830SE installed, not including any chord. This AD requires repetitive Model 737–600, –700, –700C, –800, areas affected by the split scimitar inspections of the skin under the drag winglet configuration. SWA pointed out link assembly for any cracks, and –900, and –900ER series airplanes. The that it operates aircraft with STC applicable on-condition actions. The NPRM published in the Federal ST00830SE installed and it has FAA is issuing this AD to address the Register on August 14, 2018 (83 FR determined the structure within the STC unsafe condition on these products. 40159). The NPRM was prompted by reports of cracks in the skin and a ST00830SE area is subject to the DATES: This AD is effective July 17, certain chord at three fastener locations concern addressed by the service 2019. common to the drag link assembly at the information. The Director of the Federal Register chord. The NPRM proposed to require The FAA acknowledges the approved the incorporation by reference repetitive inspections of the skin under commenter’s request. APB has already of a certain publication listed in this AD the drag link assembly for any cracks, stated that winglets installed per STC as of July 17, 2019. and applicable on-condition actions. ST00830SE do not affect the ability to ADDRESSES: For service information accomplish the actions required by this identified in this final rule, contact Comments AD. In addition, after the NPRM Boeing Commercial Airplanes, comment period closed, the FAA Attention: Contractual & Data Services The FAA gave the public the contacted APB as a result of SWA’s (C&DS), 2600 Westminster Blvd., MC opportunity to participate in developing comment and received additional 110–SK57, Seal Beach, CA 90740–5600; this final rule. The following presents confirmation that STC ST00830SE does telephone 562–797–1717; internet the comments received on the NPRM not affect the ability to accomplish the https://www.myboeingfleet.com. You and the FAA’s response to each actions of this AD. APB stated, ‘‘NPRM may view this service information at the comment. Docket FAA–2018–0708 was reviewed FAA, Transport Standards Branch, 2200 Support for the NPRM by APB for all configurations of STC South 216th St., Des Moines, WA. For ST00830SE, blended and split scimitar information on the availability of this American Airlines stated its support [winglets]. The APB comment of no material at the FAA, call 206–231–3195. for the NPRM. United Airlines stated impact is applicable to all It is also available on the internet at that it has no technical objections to the configurations of STC ST00830SE.’’ As http://www.regulations.gov by searching NPRM. stated above, the FAA has added

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27194 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

paragraph (c)(2) to this AD to state that include a reference to paragraph (h)(3) In addition, Parts 8, 9, 10, and 11 of installation of STC ST00830SE does not of this AD. the Accomplishment Instructions of affect the ability to accomplish the We anticipate that Boeing will Boeing Alert Service Bulletin 737– actions required by this AD. publish a revision to Boeing Alert 53A1368, dated February 27, 2018, were Service Bulletin 737–53A1368, dated incorrectly labeled as required for Request To Address Errors in the February 27, 2018, to address known compliance (RC). This will likely be Service Information errors. The FAA will consider issuing a corrected in a future revision to this Alaska Airlines (ASA), Delta Airlines global AMOC to address known errors if service bulletin. (DAL), SWA, and Skymark Airlines the new revision is not published soon (SMA) pointed out multiple errors in after the effective date of this AD. After Request To Include Optional Boeing Alert Service Bulletin 737– the publication of the revision, the FAA Terminating Action 53A1368, dated February 27, 2018. DAL will review the revision in SWA requested to add a paragraph noted two errors in the service consideration of an AMOC to this AD, that specifies an AMOC for the information that they would like to see or may consider future rulemaking requirements of paragraph (g) of AD addressed in order to avoid non- action. 2013–19–23, Amendment 39–17605 (78 compliance with the proposed AD and Regarding SWA’s comment on post- FR 61173, October 3, 2013) (‘‘AD 2013– reduce confusion. ASA echoed DAL’s repair and post-modification 19–23’’). SWA pointed out that the request to avoid non-compliance with inspections, those inspections will not accomplishment of Part 4 or Part 5 of the proposed AD by correcting the be required by this AD, as discussed in the Accomplishment Instructions of service information and pointed out one the response to the request below to Boeing Alert Service Bulletin 737– error within the service information, in exclude post-repair and post- 53A1368, dated February 27, 2018, will addition to the ones noted by other modification inspections. prohibit the D626A001–9–01 inspection commenters. SWA noted six errors for Principal Structural Element (PSE) Request To Exclude Post-Repair and within the service information and 53–30–02–4, as required by paragraph Post-Modification Inspections requested paragraph (h) of this proposed (g) of AD 2013–19–23. AD be revised to add exceptions to the Boeing and SWA requested that the The FAA partially agrees with the service information. For one error, SWA proposed AD be revised to exclude the commenter’s request. After the NPRM noted that the post-repair instructions of post-repair/post-modification inspection comment period closed, the FAA the service information specify requirements specified in Boeing Alert queried Boeing and confirmed that this inspection standards that differ from Service Bulletin 737–53A1368, dated repair should indeed be considered a established non-destructive test February 27, 2018, as AD-mandated method of compliance, as suggested by standards, and SWA requested actions. The commenters pointed to SWA. The FAA has added paragraph (j) paragraph (h) of this proposed AD be paragraph (j) of AD 2017–02–10, to this AD to allow an optional revised to include a provision allowing Amendment 39–18789 (82 FR 10258, terminating action for the inspections of a deviation from the service February 10, 2017) (‘‘AD 2017–02–10’’) PSE 53–30–02–4 required by the information. SMA stated they have as an example of post-repair and post- airworthiness limitations specified in found errors in their initial review of the modification inspections that are paragraph (g) of AD 2013–19–23. The service information, which Boeing has specified in the service information but optional terminating action is the acknowledged. are excepted by the AD. accomplishment of the actions specified SMA requested to delay the issuance Note that the service information in Part 4 or Part 5 of the of the final rule until a revision to referenced in AD 2017–02–10 identified Accomplishment Instructions of Boeing Boeing Alert Service Bulletin 737– post-repair and post-modification Alert Service Bulletin 737–53A1368, 53A1368 is released and can be inspection procedures, but the AD dated February 27, 2018. The FAA has incorporated into the final rule. SMA excepted those inspections because the also revised paragraph (b) of this AD to argued that they are obligated to prepare inspections are airworthiness reflect that this AD affects AD 2013–19– a work instruction document that limitations and are required by 23. corrects any errors in the service maintenance and operational rules. information and this method is not Therefore, it was unnecessary to Request To Add Inspection Condition of preferable to SMA for managing the mandate them in AD 2017–02–10. ‘‘No Crack Found’’ accomplishment of the proposed AD. The FAA agrees with the commenters’ ASA noted that Tables 1, 2, and 3 of The FAA acknowledges the requests for the reasons provided. The paragraph 1.E., ‘‘Compliance’’ of Boeing commenters’ concerns regarding the FAA infers that SWA meant to include Alert Service Bulletin 737–53A1368, information in the service information in its comment a reference to Table 5 of dated February 27, 2018, are missing that requires clarification or correction. paragraph 1.E, Compliance, of Boeing Condition 1.3, which should provide In light of the critical nature of the Alert Service Bulletin 737–53A1368, instructions on how to proceed in the identified unsafe condition, the FAA dated February 27, 2018. This table is case that no crack is found during the does not consider it appropriate to delay associated with the Part 8 post-repair specified inspection. ASA suggested this final rule until new service inspections of the Accomplishment using the same language found in information is available. In addition, the Instructions. The FAA has added Condition 2.3 of Tables 1, 2, and 3 of amount of clarification needed would be paragraph (h)(4) to exclude the post- paragraph 1.E., ‘‘Compliance’’ of Boeing overly complex for inclusion in this AD. repair and post-modification inspection Alert Service Bulletin 737–53A1368, Therefore, the FAA has added requirements specified in Parts 8, 9, 10, dated February 27, 2018. ASA reasoned paragraph (h)(3) to this AD, ‘‘Exceptions and 11 of the Accomplishment that it requires clear and correct to Service Information Specifications,’’ Instructions of Boeing Alert Service reference documents to develop to provide operators with information Bulletin 737–53A1368, dated February accurate engineering documents and regarding how to address any actions in 27, 2018, as AD-mandated actions. The avoid noncompliance with the the service information that cannot be FAA has also revised paragraph (g) of requirements of the AD. accomplished. The FAA has also this AD to include a reference to The FAA agrees with the commenter’s revised paragraph (g) of this AD to paragraph (h)(4) of this AD. request for the reasons provided. There

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27195

should also be a Condition 1.3 in the repairs have been encountered during • Are consistent with the intent that appropriate places in the the service history of Boeing Special was proposed in the NPRM for Accomplishment Instructions as well as Attention Service Bulletin 737–53– addressing the unsafe condition; and paragraph 1.E., Compliance. These 1294, Revision 2, dated December 9, • Do not add any additional burden issues have been coordinated with 2015, which is referred to as the upon the public than was already Boeing, and they have indicated that appropriate source of service proposed in the NPRM. this will be addressed in a future information for accomplishing the The FAA also determined that these revision to Boeing Alert Service Bulletin required actions specified in AD 2017– changes will not increase the economic 737–53A1368, dated February 27, 2018. 02–10. For some repairs required by this burden on any operator or increase the The FAA has added paragraph (h)(5) to AD, an AMOC approved for AD 2017– scope of this final rule. this AD to provide instructions 02–10 would also be suitable for this regarding how to proceed if no crack is AD. However, this is not the case for all Related Service Information Under 1 found upon accomplishment of Part 3 of types of repairs, and therefore, all CFR Part 51 the Accomplishment Instructions of AMOCs previously approved for AD The FAA reviewed Boeing Alert Boeing Alert Service Bulletin 737– 2017–02–10 cannot be approved for this Service Bulletin 737–53A1368, dated 53A1368, dated February 27, 2018. The AD. This AD has not been changed in February 27, 2018. This service FAA has also revised paragraph (g) of this regard. information describes procedures for an this AD to include a reference to ultrasonic inspection of the skin under Request To Add Material Incorporated paragraph (h)(5) of this AD. the drag link assembly and repair for by Reference Paragraph any cracks; repetitive inspections for Request To Approve AMOCs for AD Boeing requested to add a paragraph any cracks, including ultrasonic 2017–02–10 to the proposed AD titled ‘‘Material inspections, high frequency eddy ASA requested to revise the proposed Incorporated by Reference,’’ stating that current (HFEC) inspections, low AD to include AMOCs previously this paragraph is missing. frequency eddy current (LFEC) approved for AD 2017–02–10. ASA For clarification, the paragraph titled inspections, and detailed inspections; pointed out that during their ‘‘Material Incorporated by Reference’’ is and a preventive modification if no accomplishment of AD 2017–02–10, not currently included in NPRMs, but is crack is found. This service information they completed repairs in the same area included in all final rule ADs. is reasonably available because the as specified in Boeing Alert Service interested parties have access to it Conclusion Bulletin 737–53A1368, dated February through their normal course of business 27, 2018. The FAA reviewed the relevant data, or by the means identified in the The FAA does not agree with the considered the comments received, and ADDRESSES section. request to allow AMOCs previously determined that air safety and the approved for AD 2017–02–10 to be public interest require adopting this Costs of Compliance approved for this AD. After the NPRM final rule with the changes described The FAA estimates that this AD comment period closed, the FAA previously and minor editorial changes. affects 1,664 airplanes of U.S. registry. coordinated this issue with Boeing. The FAA has determined that these The FAA estimates the following costs Boeing indicated that different types of minor changes: to comply with this AD:

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

Inspection ...... 28 work-hours × $85 per hour $0 $2,380 per inspection cycle ... $3,960,320 per inspection = $2,380 per inspection cycle. cycle.

The FAA estimates the following actions that would be required. The number of aircraft that might need these costs to do any necessary on-condition FAA has no way of determining the on-condition actions:

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Cost per Labor cost Parts cost product

Up to 56 work-hours × $85 per hour = $4,760 ...... $24,020 Up to $28,780.

Authority for This Rulemaking The FAA is issuing this rulemaking This regulation is within the scope of under the authority described in that authority because it addresses an Title 49 of the United States Code Subtitle VII, Part A, Subpart III, Section unsafe condition that is likely to exist or specifies the FAA’s authority to issue 44701: ‘‘General requirements.’’ Under develop on products identified in this rules on aviation safety. Subtitle I, that section, Congress charges the FAA rulemaking action. section 106, describes the authority of with promoting safe flight of civil This AD is issued in accordance with the FAA Administrator. Subtitle VII: aircraft in air commerce by prescribing authority delegated by the Executive Aviation Programs, describes in more regulations for practices, methods, and Director, Aircraft Certification Service, detail the scope of the Agency’s procedures the Administrator finds as authorized by FAA Order 8000.51C. authority. necessary for safety in air commerce. In accordance with that order, issuance

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27196 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

of ADs is normally a function of the certificated in any category, as identified in 25.571(a)(3) at the repaired/modified Compliance and Airworthiness Boeing Alert Service Bulletin 737–53A1368, locations to support compliance with 14 CFR Division, but during this transition dated February 27, 2018. 121.1109(c)(2) or 129.109(b)(2). Although Parts 8, 9, 10, and 11 of the Accomplishment period, the Executive Director has (2) Installation of Supplemental Type Certificate (STC) ST00830SE does not affect Instructions of Boeing Alert Service Bulletin delegated the authority to issue ADs the ability to accomplish the actions required 737–53A1368, dated February 27, 2018, are applicable to transport category by this AD. Therefore, for airplanes on which identified as RC, this AD does not require airplanes and associated appliances to STC ST00830SE is installed, a ‘‘change in accomplishment of Parts 8, 9, 10, and 11 of the Director of the System Oversight product’’ alternative method of compliance the Accomplishment Instructions of Boeing Division. (AMOC) approval request is not necessary to Alert Service Bulletin 737–53A1368, dated comply with the requirements of 14 CFR February 27, 2018. As airworthiness Regulatory Findings 39.17. limitations, these inspections are required by maintenance and operational rules. It is This AD will not have federalism (d) Subject implications under Executive Order therefore unnecessary to mandate them in Air Transport Association (ATA) of this AD. Deviations from these inspections 13132. This AD will not have a America Code 53, Fuselage. require FAA approval, but do not require substantial direct effect on the States, on approval of an AMOC. the relationship between the national (e) Unsafe Condition (5) For airplanes on which any crack is government and the States, or on the This AD was prompted by reports of cracks found during any Part 2 inspection specified distribution of power and in the skin and the station (STA) 540 in Boeing Alert Service Bulletin 737– responsibilities among the various bulkhead chord at the three fastener locations 53A1368, dated February 27, 2018, and no levels of government. common to the drag link assembly at the STA crack is found during the Part 3 inspection For the reasons discussed above, I 540 bulkhead chord. The FAA is issuing this specified in the Accomplishment AD to address cracking in the STA 540 Instructions of Boeing Alert Service Bulletin certify that this AD: bulkhead chord or skin, which could result 737–53A1368, dated February 27, 2018: (1) Is not a ‘‘significant regulatory in the inability of a primary structural Before further flight, do the preventative action’’ under Executive Order 12866, element to sustain limit load. This condition, modification specified in Part 5 of the (2) Will not affect intrastate aviation if not addressed, could result in possible Accomplishment Instructions of Boeing Alert in Alaska, and rapid decompression and loss of structural Service Bulletin 737–53A1368, dated (3) Will not have a significant integrity of the airplane. February 27, 2018, on each side of the airplane on which no crack was found during economic impact, positive or negative, (f) Compliance on a substantial number of small entities the Part 3 inspection. under the criteria of the Regulatory Comply with this AD within the compliance times specified, unless already (i) Optional Terminating Action for Flexibility Act. done. Repetitive Inspections (1) Accomplishment of the repair in List of Subjects in 14 CFR Part 39 (g) Required Actions accordance with Part 4 of the Air transportation, Aircraft, Aviation Except as required by paragraphs (h)(1) Accomplishment Instructions of Boeing Alert safety, Incorporation by reference, through (h)(5) of this AD: At the applicable Service Bulletin 737–53A1368, dated Safety. times specified in paragraph 1.E., February 27, 2018, terminates the repetitive ‘‘Compliance,’’ of Boeing Alert Service inspections specified in Part 2 of the Adoption of the Amendment Bulletin 737–53A1368, dated February 27, Accomplishment Instructions of Boeing Alert Accordingly, under the authority 2018, do all applicable actions identified as Service Bulletin 737–53A1368, dated delegated to me by the Administrator, ‘‘RC’’ (required for compliance) in, and in February 27, 2018, on the side of the airplane the FAA amends 14 CFR part 39 as accordance with, the Accomplishment on which the repair was done, as required by Instructions of Boeing Alert Service Bulletin follows: paragraph (g) of this AD. 737–53A1368, dated February 27, 2018. (2) Accomplishment of the preventive PART 39—AIRWORTHINESS (h) Exceptions to Service Information modification in accordance with Part 5 of the DIRECTIVES Specifications Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, dated (1) For purposes of determining ■ 1. The authority citation for part 39 February 27, 2018, terminates the repetitive compliance with the requirements of this AD: inspections specified in Part 2 or Part 6, as continues to read as follows: Where Boeing Alert Service Bulletin 737– applicable, of the Accomplishment Authority: 49 U.S.C. 106(g), 40113, 44701. 53A1368, dated February 27, 2018, uses the Instructions of Boeing Alert Service Bulletin phrase ‘‘the original issue date of this service 737–53A1368, dated February 27, 2018, on § 39.13 [Amended] bulletin,’’ this AD requires using ‘‘the the side of the airplane on which the effective date of this AD.’’ ■ 2. The FAA amends § 39.13 by adding preventive modification was done, as (2) Where Boeing Alert Service Bulletin required by paragraph (g) of this AD. the following new airworthiness 737–53A1368, dated February 27, 2018, directive (AD): specifies contacting Boeing: This AD requires (j) Optional Terminating Action for Certain Requirements of AD 2013–19–23 2019–11–06 The Boeing Company: repair before further flight using a method Amendment 39–19652; Docket No. approved in accordance with the procedures Accomplishment of the repair specified in FAA–2018–0708; Product Identifier specified in paragraph (k) of this AD. Part 4 or the modification specified in Part 2018–NM–072–AD. (3) If any action(s) identified as RC in 5 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737–53A1368, Boeing Alert Service Bulletin 737–53A1368, (a) Effective Date dated February 27, 2018, cannot be dated February 27, 2018, terminates the This AD is effective July 17, 2019. accomplished as specified therein, those repetitive inspections specified in the action(s) must be accomplished using a airworthiness limitations required by (b) Affected ADs method approved in accordance with the paragraph (g) of AD 2013–19–23 for Principal This AD affects AD 2013–19–23, procedures specified in paragraph (k) of this Structural Element (PSE) 53–30–02–4 on the Amendment 39–17605 (78 FR 61173, October AD. side of the airplane on which the repair or 3, 2013) (‘‘AD 2013–19–23’’). (4) Parts 8, 9, 10, and 11 of the modification was done. Accomplishment Instructions of Boeing Alert (c) Applicability Service Bulletin 737–53A1368, dated (k) Alternative Methods of Compliance (1) This AD applies to The Boeing February 27, 2018, specify post-repair/ (AMOCs) Company Model 737–600, –700, –700C, modification airworthiness limitation (1) The Manager, Seattle ACO Branch, –800, –900, and –900ER series airplanes, inspections in compliance with 14 CFR FAA, has the authority to approve AMOCs

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27197

for this AD, if requested using the procedures (4) You may view this service information 278–9189; or via email at found in 14 CFR 39.19. In accordance with at the FAA, Transport Standards Branch, [email protected]. 14 CFR 39.19, send your request to your 2200 South 216th St., Des Moines, WA. For principal inspector or local Flight Standards information on the availability of this SUPPLEMENTARY INFORMATION: On March District Office, as appropriate. If sending material at the FAA, call 206–231–3195. (5) 26, 2019, BEA published a notice of information directly to the manager of the You may view this service information that proposed rulemaking that set forth the certification office, send it to the attention of is incorporated by reference at the National revised reporting criteria for the BE–140 the person identified in paragraph (l) of this Archives and Records Administration Benchmark Survey of Insurance AD. Information may be emailed to: 9-ANM- (NARA). For information on the availability Transactions by U.S. Insurance [email protected]. of this material at NARA, call 202–741–6030, Companies with Foreign Persons (84 FR (2) Before using any approved AMOC, or go to: http://www.archives.gov/federal- 11256). No comments on the proposed notify your appropriate principal inspector, register/cfr/ibr-locations.html. or lacking a principal inspector, the manager rule were received. of the local flight standards district office/ Issued in Des Moines, Washington, on May This final rule amends 15 CFR part certificate holding district office. 29, 2019. 801 to set forth the reporting (3) An AMOC that provides an acceptable Michael Kaszycki, requirements for the BE–140 Benchmark level of safety may be used for any repair, Acting Director, System Oversight Division, Survey of Insurance Transactions by modification, or alteration required by this Aircraft Certification Service. U.S. Insurance Companies with Foreign AD if it is approved by the Boeing [FR Doc. 2019–12322 Filed 6–11–19; 8:45 am] Persons for 2018. Commercial Airplanes Organization Designation Authorization (ODA) that has BILLING CODE 4910–13–P The BE–140 Benchmark Survey of been authorized by the Manager, Seattle ACO Insurance Transactions by U.S. Branch, to make those findings. To be Insurance Companies with Foreign approved, the repair method, modification DEPARTMENT OF COMMERCE Persons is a mandatory survey and is deviation, or alteration deviation must meet conducted once every five years by BEA the certification basis of the airplane, and the Bureau of Economic Analysis under the authority provided by the approval must specifically refer to this AD. International Investment and Trade in (4) Except as specified in paragraphs (h)(2) Services Survey Act (P.L.94–472, 90 through (h)(5) of this AD: For service 15 CFR Part 801 Stat. 2059, 22 U.S.C. 3101–3108, as information that contains steps that are [190225160–9484–01] labeled as RC, the provisions of paragraphs amended), hereinafter, ‘‘the Act.’’ The (k)(4)(i) and (k)(4)(ii) of this AD apply. RIN 0691–AA88 Act provides that data reported to BEA (i) The steps labeled as RC, including on this survey are confidential and may substeps under an RC step and any figures International Services Surveys: BE– be used only for analytical and identified in an RC step, must be done to 140 Benchmark Survey of Insurance statistical purposes. Without prior comply with the AD. If a step or substep is Transactions by U.S. Insurance written permission from the survey labeled ‘‘RC Exempt,’’ then the RC Companies With Foreign Persons respondent, the data collected cannot be requirement is removed from that step or substep. An AMOC is required for any presented in a manner that allows AGENCY: Bureau of Economic Analysis, individual responses to be identified. deviations to RC steps, including substeps Commerce. and identified figures. An individual respondent’s report (ii) Steps not labeled as RC may be ACTION: Final rule. cannot be used for purposes of taxation, deviated from using accepted methods in investigation, or regulation. Copies accordance with the operator’s maintenance SUMMARY: This final rule amends retained by BEA are exempt from legal or inspection program without obtaining regulations of the Department of process. Per the Cybersecurity approval of an AMOC, provided the RC steps, Commerce’s Bureau of Economic Enhancement Act of 2015, a including substeps and identified figures, can Analysis (BEA) to renew the reporting respondent’s data are protected from still be done as specified, and the airplane requirements for the mandatory BE–140 can be put back in an airworthy condition. cybersecurity risks through security Benchmark Survey of Insurance monitoring of the BEA information (l) Related Information Transactions by U.S. Insurance systems. For more information about this AD, Companies with Foreign Persons. This A response is required from persons contact Alan Pohl, Aerospace Engineer, survey applies to the 2018 calendar subject to the reporting requirements of Airframe Section, FAA, Seattle ACO Branch, reporting year. This mandatory the BE–140, whether or not they are 2200 South 216th St., Des Moines, WA benchmark survey, conducted under the contacted by BEA, to ensure complete 98198; phone and fax: 206–231–3527; email: authority of the International [email protected]. coverage of transactions in insurance Investment and Trade in Services services between U.S. persons (any (m) Material Incorporated by Reference Survey Act, covers the universe of individual or organization subject to the (1) The Director of the Federal Register transactions in insurance services and is jurisdiction of the United States) and approved the incorporation by reference BEA’s most comprehensive survey of foreign persons. (IBR) of the service information listed in this such transactions. For the 2018 In 2012, BEA established regulatory paragraph under 5 U.S.C. 552(a) and 1 CFR benchmark survey, BEA is making guidelines for collecting data on part 51. several changes to the data items (2) You must use this service information international trade in services and direct collected and the design of the survey investment (77 FR 24373; April 24, as applicable to do the actions required by form. this AD, unless the AD specifies otherwise. 2012). This final rule, conducted (i) Boeing Alert Service Bulletin 737– DATES: This final rule is effective July pursuant to the Act, amends those 53A1368, dated February 27, 2018. 12, 2019. regulations to require a response from (ii) [Reserved] FOR FURTHER INFORMATION CONTACT: persons subject to the reporting (3) For service information identified in Christopher Stein, Chief, Services requirements of the BE–140, whether or this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Surveys Branch (BE–50), Balance of not they are contacted by BEA. Services (C&DS), 2600 Westminster Blvd., Payments Division, Bureau of Economic The benchmark survey covers the MC 110–SK57, Seal Beach, CA 90740–5600; Analysis, U.S. Department of universe of insurance transactions by telephone 562–797–1717; internet https:// Commerce, 4600 Silver Hill Rd., U.S. insurance companies with foreign www.myboeingfleet.com. Washington, DC 20233; phone (301) persons and is BEA’s most

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27198 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

comprehensive survey of such (1) Mandatory questions to request information about the type of premium/ transactions. In nonbenchmark years, additional information from loss (either assumed or ceded), the the universe of estimates covering these respondents that have direct insurance country of the foreign counterparty, the transactions are derived from the sales and/or losses. Additional relationship to the foreign counterparty sample data reported on BEA’s BE–45 questions, applicable to reporters of (foreign affiliate, foreign parent group, Quarterly Survey of Insurance direct insurance transactions on or unaffiliated), the expected average Transactions by U.S. Insurance Schedule B of the survey, will be added maturity of the reserves, the reserve Companies with Foreign Persons. The to request an estimate of what amount, and the date of the transaction. BE–45 and the BE–140 collect similar percentage of these transactions were: A text field will also be provided to information. BEA uses cutoff sampling (1) Life insurance, (2) freight insurance, allow the respondent to include for the BE–45, meaning that respondents and (3) other direct insurance. To avoid additional details about each must only report on the BE–45 if they imposing undue reporter burden, the transaction. have transactions that exceeded $8 estimates will be requested based on the In addition, BEA has redesigned the million in any one of the eight covered reporter’s knowledge of the U.S. format and wording of the survey. The insurance transaction categories. The operations, and are not required to be new design incorporates improvements sample of reporters that file on a sourced from company records at an made to other BEA surveys. Some quarterly basis throughout calendar year individual transaction level. enhancements are the result of a recent 2018 will also be required to report on (2) A new schedule to collect cognitive review conducted with the 2018 BE–140 survey. BEA reconciles information related to catastrophic selected survey respondents during the the annual data from the BE–140 survey losses from hurricanes and other planning for the 2017 BE–120 with the quarterly data reported on the significant natural disasters. The 2018 Benchmark Survey of Transactions in BE–45 survey, by comparing quarterly BE–140 survey will collect information Selected Services and Intellectual to annual submissions that are typically from reporters for a sample of up to 5 Property with Foreign Persons. Survey completed using audited information. catastrophic events that took place instructions and data item descriptions The benchmark data, which includes during 2018. Catastrophic events have been changed to improve clarity data from respondents not subject to include events such as hurricanes, and ensure the benchmark survey form filing on an ongoing quarterly basis, will earthquakes, and wildfires, etc. The new is consistent with other BEA surveys. be used, in conjunction with quarterly schedule is structured to collect data on the loss amount, type of loss (assumed Change to the Regulatory Text of the data collected on the companion BE–45 Proposed Rule survey, to produce estimates of or ceded), the country of the foreign counterparty, the relationship to the insurance transactions for BEA’s BEA received no comments on the foreign counterparty (foreign affiliate, international transactions accounts proposed rule. We note that we have foreign parent group, or unaffiliated), (ITAs), national income and product made a change to paragraph (f), entitled and the date for each event/transaction. accounts, and industry accounts. These ‘‘Due date’’, in new § 801.12, as found In addition, this final rule makes the in the regulatory text of the proposed data are also used to monitor U.S. trade following modifications to items in insurance services, to analyze the rule. The phrase ‘‘July 31, 2019 (or by collected on the previous BE–140 August 31, 2019 for respondents that impact on the U.S. economy and on survey form: foreign economies, to compile and use BEA’s eFile system)’’ has been (1) Lowering the threshold for replaced with ‘‘September 30, 2019’’. improve the U.S. economic accounts, to reporting large, infrequent reinsurance support U.S. commercial policy on trade BEA made this change in this final rule transactions. On the 2013 BE–140 to provide respondents additional time in services, to conduct trade promotion, benchmark survey, the threshold for and to improve the ability of U.S. to comply with the requirements of the reporting these transactions was $1 new section. businesses to identify and evaluate billion. For the 2018 BE–140 benchmark market opportunities. survey, in order to collect more Executive Order 12866 A full list of the insurance comprehensive information, a lower This final rule has been determined to transactions covered by the BE–140 threshold of $250 million is used. In be not significant for purposes of E.O. survey can be found in the regulatory addition, reporters are required to 12866. text for new § 801.12 at the end of this indicate if the transactions either document. included a transfer of reserves or were Executive Order 13132 Description of Changes related to a catastrophic event, for up to This final rule does not contain 10 transactions. policies with federalism implications This final rule amends the regulations (2) Modifying mandatory Schedule C sufficient to warrant preparation of a at 15 CFR part 801 by adding new to collect additional information federalism assessment under E.O. § 801.12 to set forth the reporting regarding the expected average maturity 13132. requirements for the BE–140 benchmark of reserves that are transferred and survey, and amends the survey form for included in the premiums reported on Paperwork Reduction Act the BE–140 benchmark survey to satisfy the survey. Information about reserve The collection-of-information in this changing data needs and to improve transfers will be collected for the large, final rule was submitted to the Office of data quality and the effectiveness and infrequent reinsurance transactions Management and Budget (OMB) efficiency of data collections. These collected at a threshold of $250 million pursuant to the requirements of the amendments include changes in data (modification (1) above). Reporters of Paperwork Reduction Act of 1995, 44 items collected and changes to the such transactions are required to U.S.C. 3501–3520 (PRA). OMB design of the survey form relative to the provide additional information about approved the reinstatement of the 2013 benchmark survey. those transactions that included a information collection under OMB BEA adds and modifies some items on transfer of reserves at the inception of control number 0608–0073. the benchmark survey form. The new reinsurance contracts, or for the Notwithstanding any other provisions following items are added to the recapture or termination of reinsurance of law, no person is required to respond benchmark survey: contracts. The schedule requests to, nor shall any person be subject to a

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27199

penalty for failure to comply with, a have a significant economic impact on conducted covering calendar year 2018. collection of information subject to the a substantial number of small entities. All legal authorities, provisions, requirements of the PRA unless that definitions, and requirements contained List of Subjects in 15 CFR Part 801 collection displays a currently valid in §§ 801.1 through 801.2 and §§ 801.4 OMB control number. Economic statistics, Foreign trade, through 801.6 are applicable to this The BE–140 survey is expected to International transactions, Penalties, survey. Specific additional rules and result in the filing of reports from Reporting and recordkeeping regulations for the BE–140 survey are approximately 1,300 respondents. requirements. given in paragraphs (a) through (e) of Approximately 1,000 respondents will Dated June 5, 2019. this section. More detailed instructions report mandatory data on the survey, Paul W. Farello, are given on the report form and in and approximately 300 will file Associate Director of International instructions accompanying the report exemption claims. The respondent Economics, Bureau of Economic Analysis. form. (a) Response required. A response is burden for this collection of information For reasons set forth in the preamble, will vary from one respondent to required from U.S. insurance companies BEA amends 15 CFR part 801 as subject to the reporting requirements of another, but is estimated to average (1) follows: 9 hours for the 600 respondents that file the BE–140 Benchmark Survey of Insurance Transactions by U.S. mandatory or voluntary data by country PART 801—SURVEY OF Insurance Companies with Foreign and affiliation for relevant transaction INTERNATIONAL TRADE IN SERVICES Persons—2018, contained in this types on the mandatory schedules; (2) 2 BETWEEN U.S. AND FOREIGN section, whether or not they are hours for the 400 respondents that file PERSONS AND SURVEYS OF DIRECT contacted by BEA. Also, a U.S. mandatory data by transaction type but INVESTMENT not by country or affiliation; and (3) 1 insurance company, or its agent, that is hour for other responses. These burden- ■ 1. The authority citation for 15 CFR contacted by BEA about reporting on hour estimates consider time for part 801 continues to read as follows: this survey, either by sending a report reviewing instructions, searching form or by written inquiry, must Authority: 5 U.S.C. 301; 15 U.S.C. 4908; respond in writing pursuant to this existing data sources, gathering and 22 U.S.C. 3101–3108; E.O. 11961 (3 CFR, section. This may be accomplished by: maintaining the data needed, and 1977 Comp., p. 86), as amended by E.O. (1) Completing and returning the BE– completing and reviewing the collection 12318 (3 CFR, 1981 Comp. p. 173); and E.O. 12518 (3 CFR, 1985 Comp. p. 348). 140 by the due date of the survey; or of information. Thus the total (2) If exempt, by completing the respondent burden for this survey is ■ 2. Revise § 801.3 to read as follows: determination of reporting status section estimated at 6,500 hours, or 5 hours per of the BE–140 survey and returning it to response (6,500 hours/1,300 § 801.3 Reporting requirements. Except for surveys subject to BEA by the due date of the survey. respondents), compared to 4,689 hours, (b) Who must report. A BE–140 report rulemaking in §§ 801.7, 801.8, 801.9, or about 4.5 hours per response (4,689 is required of each U.S. insurance 801.10, 801.11, and 801.12 reporting hours/1,042 respondents) for the company that had insurance requirements for all other surveys previous BE–140 benchmark survey in transactions with foreign persons in the conducted by the Bureau of Economic 2013. The increase in burden hours is categories covered by the survey during Analysis shall be as follows: due to an estimated increase in the size its 2018 calendar year. (a) Notice of specific reporting of the respondent universe from 2013 to (c) What must be reported—(1) requirements, including who is required 2018, as well as changes to the content Transactions exceeding $2 million. A to report, the information to be reported, of the survey. U.S. insurance company that had the manner of reporting, and the time Written comments regarding the transactions with foreign persons that and place of filing reports, will be burden-hour estimates or other aspects exceeded $2 million in at least one of published by the Director of the Bureau of the collection-of-information the insurance categories covered by the of Economic Analysis in the Federal requirements contained in the final rule survey during its 2018 calendar year, on Register prior to the implementation of should be sent to both BEA via email at an accrual basis, is required to provide a survey; [email protected] and to OMB, data on the total transactions of each of (b) In accordance with section O.I.R.A., Paperwork Reduction Project the covered types of insurance 3104(b)(2) of title 22 of the United States 0608–0073, Attention PRA Desk Officer transactions and must disaggregate the Code, persons notified of these surveys for BEA, Kerrie Leslie, via email at totals by country and by relationship to and subject to the jurisdiction of the [email protected]. the foreign counterparty (foreign United States shall furnish, under oath, affiliate, foreign parent group, or Regulatory Flexibility Act any report containing information unaffiliated). The determination of which is determined to be necessary to The Chief Counsel for Regulation, whether a U.S. insurance company is carry out the surveys and studies Department of Commerce, certified to subject to this reporting requirement provided for by the Act; and the Chief Counsel for Advocacy, Small (c) Persons not notified in writing of may be based on the judgment of Business Administration, under the their filing obligation by the Bureau of knowledgeable persons in a company provisions of the Regulatory Flexibility Economic Analysis are not required to who can identify reportable transactions Act (RFA), 5 U.S.C. 605(b), that this complete the survey. on a recall basis, with a reasonable action will not have a significant degree of certainty, without conducting ■ 3. Add § 801.12 to read as follows: economic impact on a substantial a detailed manual records search. number of small entities. The factual § 801.12 Rules and regulations for the BE– (2) Transactions $2 million or below. basis for the certification was published 140 Benchmark Survey of Insurance A U.S. insurance company that had in the proposed rule and is not repeated Transactions by U.S. Insurance Companies transactions with foreign persons that here. No final regulatory flexibility with Foreign Persons—2018. were $2 million or less in each of the analysis was prepared, as no comments The BE–140 Benchmark Survey of insurance categories covered by the were received regarding the Insurance Transactions by Insurance survey during its 2018 calendar year, on determination that this action will not Companies with Foreign Persons will be an accrual basis, is required to provide

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27200 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

the total for each type of transaction in DEPARTMENT OF HEALTH AND • If you want to submit a comment which they engaged. HUMAN SERVICES with confidential information that you (i) Voluntary reporting of insurance do not wish to be made available to the transactions. If, during calendar year Food and Drug Administration public, submit the comment as a 2018, total transactions were $2 million written/paper submission and in the or less in each of the insurance 21 CFR Parts 1100, 1140, and 1143 manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). categories covered by the survey, on an [Docket No. FDA–2015–D–2496] accrual basis, the U.S. insurance Written/Paper Submissions company may, in addition to providing Premarket Tobacco Product Submit written/paper submissions as the required total for each type of Applications for Electronic Nicotine follows: transaction, voluntarily report Delivery Systems; Guidance for • Mail/Hand Delivery/Courier (for transactions at a country and affiliation Industry; Availability written/paper submissions): Dockets level of detail on the applicable Management Staff (HFA–305), Food and mandatory schedule(s). AGENCY: Food and Drug Administration, HHS. Drug Administration, 5630 Fishers (ii) [Reserved] Lane, Rm. 1061, Rockville, MD 20852. ACTION: Notification of availability. (3) Exemption claims. Any U.S. • For written/paper comments person that receives the BE–140 survey SUMMARY: The Food and Drug submitted to the Dockets Management form from BEA, but is not subject to the Administration (FDA) is announcing the Staff, FDA will post your comment, as reporting requirements, must file an availability of a final guidance for well as any attachments, except for exemption claim by completing the industry entitled ‘‘Premarket Tobacco information submitted, marked and determination of reporting status section Product Applications for Electronic identified, as confidential, if submitted of the BE–140 survey and returning it to Nicotine Delivery Systems, Guidance for as detailed in ‘‘Instructions.’’ Instructions: All submissions received BEA by the due date of the survey. The Industry.’’ Given the relatively new must include the Docket No. FDA– requirement in this paragrpah (b)(3) is presence of electronic nicotine delivery 2015–D–2496 for ‘‘Premarket Tobacco necessary to ensure compliance with systems (ENDS) on the U.S. market and reporting requirements and efficient Product Applications for Electronic FDA’s final rule deeming these products Nicotine Delivery Systems, Guidance for administration of the Act by eliminating to be subject to the tobacco product unnecessary follow-up contact. Industry.’’ Received comments will be authorities in the Federal Food, Drug, placed in the docket and, except for (d) Covered types of insurance and Cosmetic Act (FD&C Act), FDA those submitted as ‘‘Confidential services. Insurance services covered by expects to receive premarket tobacco Submissions,’’ publicly viewable at the BE–140 survey consist of product application (PMTA) https://www.regulations.gov or at the transactions between U.S. insurance submissions from manufacturers of Dockets Management Staff between 9 companies and foreign persons for: ENDS. This guidance is intended to a.m. and 4 p.m., Monday through (1) Premiums earned on reinsurance assist applicants to prepare PMTAs for Friday. assumed from companies resident ENDS products. • Confidential Submissions—To abroad; DATES: The announcement of the submit a comment with confidential (2) Losses incurred on reinsurance guidance is published in the Federal information that you do not wish to be assumed from companies resident Register on June 12, 2019. made publicly available, submit your abroad; ADDRESSES: You may submit either comments only as a written/paper (3) Premiums paid for reinsurance electronic or written comments on submission. You should submit two ceded to companies resident abroad; Agency guidances at any time as copies total. One copy will include the information you claim to be confidential (4) Losses recovered on reinsurance follows: with a heading or cover note that states ceded to companies resident abroad; Electronic Submissions ‘‘THIS DOCUMENT CONTAINS (5) Premiums earned from direct Submit electronic comments in the CONFIDENTIAL INFORMATION.’’ The insurance sold to foreign persons; following way: Agency will review this copy, including (6) Losses incurred on direct • Federal eRulemaking Portal: the claimed confidential information, in insurance sold to foreign persons; https://www.regulations.gov. Follow the its consideration of comments. The (7) Receipts for auxiliary insurance instructions for submitting comments. second copy, which will have the services provided to foreign persons; Comments submitted electronically, claimed confidential information and including attachments, to https:// redacted/blacked out, will be available (8) Payments for auxiliary insurance www.regulations.gov will be posted to for public viewing and posted on services provided by foreign persons. the docket unchanged. Because your https://www.regulations.gov. Submit comment will be made public, you are both copies to the Dockets Management (e) Types of transactions excluded solely responsible for ensuring that your Staff. If you do not wish your name and from the scope of this survey. Premiums comment does not include any contact information to be made publicly paid to, or losses received from, foreign confidential information that you or a available, you can provide this insurance companies on direct third party may not wish to be posted, information on the cover sheet and not insurance. such as medical information, your or in the body of your comments and you (f) Due date. A fully completed and anyone else’s Social Security number, or must identify this information as certified BE–140 report, or qualifying confidential business information, such ‘‘confidential.’’ Any information marked exemption claim with the determination as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed of reporting status section completed, is that if you include your name, contact except in accordance with 21 CFR 10.20 due to be filed with BEA not later than information, or other information that and other applicable disclosure law. For September 30, 2019. identifies you in the body of your more information about FDA’s posting [FR Doc. 2019–12373 Filed 6–11–19; 8:45 am] comments, that information will be of comments to public dockets, see 80 BILLING CODE 3510–06–P posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27201

the information at: https://www.gpo.gov/ To Be Subject to the Federal Food, Drug, II. Significance of Guidance fdsys/pkg/FR-2015-09-18/pdf/2015- and Cosmetic Act, as Amended by the This guidance is being issued 23389.pdf. Family Smoking Prevention and consistent with FDA’s good guidance Docket: For access to the docket to Tobacco Control Act; Restrictions on the practices regulation (21 CFR 10.115). read background documents or the Sale and Distribution of Tobacco The guidance represents the current electronic and written/paper comments Products and Required Warning thinking of FDA on PMTAs for ENDS. received, go to https:// Statements for Tobacco Products’’ It does not establish any rights for any www.regulations.gov and insert the (Deeming rule) extending FDA’s tobacco person and is not binding on FDA or the docket number, found in brackets in the product authority to ENDS, among other public. You can use an alternative heading of this document, into the products (81 FR 28973). In the same approach if it satisfies the requirements ‘‘Search’’ box and follow the prompts issue of the Federal Register, FDA of the applicable statutes and and/or go to the Dockets Management concurrently announced the availability regulations. This guidance is not subject Staff, 5630 Fishers Lane, Rm. 1061, of the draft guidance, ‘‘Premarket to Executive Order 12866. Rockville, MD 20852. Tobacco Product Applications for You may submit comments on any III. Paperwork Reduction Act of 1995 Electronic Nicotine Delivery Systems, guidance at any time (see 21 CFR Draft Guidance for Industry; This guidance refers to previously 10.115(g)(5)). Availability; Agency Information approved collections of information Submit written requests for single Collection Activities; Proposed found in FDA regulations. These copies of this guidance to the Center for collections of information are subject to Tobacco Products, Food and Drug Collection; Comment Request’’ (81 FR 28781). FDA received comments on the review by the Office of Management and Administration, Document Control Budget (OMB) under the Paperwork Center, 10903 New Hampshire Ave., draft guidance and those comments were considered as the guidance was Reduction Act of 1995 (44 U.S.C. 3501– Bldg. 71, Rm. G335, Silver Spring, MD 3520). The collections of information in 20993–0002. Send one self-addressed finalized. Changes made as a result of public comments include 21 CFR 1107.1 have been approved adhesive label to assist that office in under OMB control number 0910–0768. processing your request or include a fax recommendations for constituent number to which the guidance testing, single applications for new IV. Electronic Access document may be sent. See the tobacco products that an applicant Persons with access to the internet SUPPLEMENTARY INFORMATION section for intends to market as a modified risk may obtain an electronic version of the information on electronic access to the tobacco product, and the number guidance at either https:// guidance. batches and replicates related to product www.regulations.gov or https:// FOR FURTHER INFORMATION CONTACT: Paul testing. www.fda.gov/tobacco-products/ Hart, Center for Tobacco Products, Food Under section 910 of the FD&C Act products-guidance-regulations/rules- and Drug Administration, Document (21 U.S.C. 387j), persons seeking to regulations-and-guidance. Control Center, 10903 New Hampshire market a new tobacco product (as Dated: June 7, 2019. Ave., Bldg. 71, Rm. G335, Silver Spring, defined in section 910(a)(1) of the FD&C Lowell J. Schiller, MD 20993–0002, 1–877–CTP–1373, Act) must first submit a PMTA to FDA Principal Associate Commissioner for Policy. email: [email protected]. and obtain a marketing authorization [FR Doc. 2019–12389 Filed 6–11–19; 8:45 am] SUPPLEMENTARY INFORMATION: order, unless FDA has issued an order BILLING CODE 4164–01–P I. Background that the new tobacco product is substantially equivalent to a tobacco FDA is announcing the availability of product commercially marketed in the DEPARTMENT OF DEFENSE a guidance for industry entitled United States as of February 15, 2007, ‘‘Premarket Tobacco Product or the new tobacco product is exempt Office of the Secretary Applications for Electronic Nicotine from demonstrating substantial Delivery Systems.’’ equivalence pursuant to the reasons 32 CFR Part 171 On June 22, 2009, the President outlined in section 905(j)(3) of the FD&C signed the Family Smoking Prevention Act (21 U.S.C. 387e(j)(3)). ENDS [Docket ID: DOD–2018–OS–0051] and Tobacco Control Act (Tobacco products, the subject of this guidance, Control Act) (Pub. L. 111–31) into law. RIN 0790–AK42 likely would be considered new tobacco The Tobacco Control Act amended the products. Given the relatively new Wildfire Suppression Aircraft Transfer FD&C Act and granted FDA authority to Act of 1996 regulate the manufacture, marketing, presence of ENDS on the U.S. market, FDA anticipates that many and distribution of tobacco products to AGENCY: Office of the Assistant protect public health generally and to manufacturers of these new tobacco Secretary of Defense for Sustainment, reduce tobacco use by minors. Under products will seek a marketing DoD. authorization order by filing a PMTA. section 901(b) of the FD&C Act (21 ACTION: Final rule. U.S.C. 387a(b)), FDA’s tobacco product This guidance explains, among other authorities in chapter IX of the FD&C things, when a PMTA is required, SUMMARY: This final rule removes the Act apply to all cigarettes, cigarette general procedures for review of an DoD regulation which implemented law tobacco, roll-your-own tobacco, and ENDS PMTA, what information the authorizing the sale of aircraft and smokeless tobacco and to any other FD&C Act requires applicants to submit aircraft parts to entities that contract tobacco products that the Secretary of in a PMTA, and what information FDA with the Federal government for the Health and Human Services by recommends applicants submit in an delivery of fire retardant by air in order regulation deems to be subject to ENDS PMTA to show whether to suppress wildfire. This authorization chapter IX. On May 10, 2016, in the permitting such new tobacco product to has since expired. Existing statutory Federal Register, FDA published its be marketed is appropriate for the authorities allow the sale or transfer of final rule, ‘‘Deeming Tobacco Products protection of the public health. aircraft and aircraft parts to Fire Fighter

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27202 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

Agencies, rendering this part obsolete ENVIRONMENTAL PROTECTION whose disclosure is restricted by statute. and unnecessary. AGENCY Certain other material, such as copyrighted material, is not placed on DATES: This rule is effective on June 12, 40 CFR Part 52 the internet and will be publicly 2019. [EPA–R03–OAR–2018–0371; FRL–9995–06– available only in hard copy form. FOR FURTHER INFORMATION CONTACT: Lt. Region 3] Publicly available docket materials are Col. Shonry Webb at 571–372–5217. available through https:// Approval and Promulgation of Air www.regulations.gov, or please contact SUPPLEMENTARY INFORMATION: It has been Quality Implementation Plans; District the person identified in the FOR FURTHER determined that publication of this CFR of Columbia; Administrative INFORMATION CONTACT section for part removal for public comment is Corrections and Emissions Statements additional availability information. impracticable, unnecessary, and Certification for the 2008 Ozone FOR FURTHER INFORMATION CONTACT: Sara contrary to public interest since it is National Ambient Air Quality Standard Calcinore, Planning & Implementation removing obsolete information. This AGENCY: Environmental Protection Branch (3AD30), Air & Radiation rule implemented the Wildfire Agency (EPA). Division, U.S. Environmental Protection Suppression Aircraft Transfer Act of Agency, Region III, 1650 Arch Street, ACTION: Final rule. 1996. The law authorized DoD, during Philadelphia, Pennsylvania 19103. The the period October 1996 through SUMMARY: The Environmental Protection telephone number is (215) 814–2043. September 2005, to sell aircraft and Agency (EPA) is approving two state Ms. Calcinore can also be reached via aircraft parts to entities that contract implementation plan (SIP) revisions electronic mail at calcinore.sara@ with the Federal government for the submitted by the District of Columbia epa.gov. delivery of fire retardant by air in order (the District). Under the Clean Air Act SUPPLEMENTARY INFORMATION: to suppress wildfire. This authorization (CAA), states’ SIPs must require was extended from October 2012 stationary sources in ozone I. Background through September 2017, but it has nonattainment areas to report annual Under the CAA, EPA establishes since expired. Existing authorities in 10 emissions of nitrogen oxides (NOX) and NAAQS for criteria pollutants in order U.S. Code 2576—Surplus military volatile organic compounds (VOC). The to protect human health and the equipment: Sale to state and local law District formally submitted, as a SIP environment. In response to scientific enforcement, firefighting, homeland revision, a statement certifying that the evidence linking ozone exposure to District’s existing SIP-approved security, and emergency management adverse health effects, EPA promulgated emissions statements program satisfies agencies, allow the sale or transfer of the first ozone NAAQS, the 0.12 parts these CAA requirements for the 2008 aircraft and aircraft parts to Fire Fighter per million (ppm) 1-hour ozone ozone National Ambient Air Quality NAAQS, in 1979. See 44 FR 8202 Agencies. This part is obsolete and Standards (NAAQS). Upon review of the unnecessary. (February 8, 1979). The CAA requires District’s submittal, EPA noted minor EPA to review and reevaluate the This rule is not significant under discrepancies between the District’s SIP- NAAQS every five years in order to Executive Order (E.O.) 12866, approved provisions, including the consider updated information regarding ‘‘Regulatory Planning and Review,’’ provision containing the District’s the effects of the criteria pollutants on therefore, the requirements of E.O. emissions statements requirements, and human health and the environment. On 13771, ‘‘Reducing Regulation and the current edition of the District of July 18, 1997, EPA promulgated a Controlling Regulatory Costs’’ do not Columbia Municipal Regulations revised ozone NAAQS, referred to as the apply. (DCMR) referenced in the District’s 1997 ozone NAAQS, of 0.08 ppm submittal. Therefore, to correct these averaged over eight hours. See 62 FR List of Subjects in 32 CFR Part 171 minor discrepancies and update the 38855. This 8-hour ozone NAAQS was District’s SIP, the District also formally Fire prevention. determined to be more protective of submitted a revised edition of the public health than the previous 1979 1- PART 171—[REMOVED] sections of the DCMR which addresses hour ozone NAAQS. In 2008, EPA the discrepancies. EPA is proposing to strengthened the 8-hour ozone NAAQS approve the District’s SIP with the ■ from 0.08 to 0.075 ppm. The 0.075 ppm Accordingly, by the authority of 5 current edition of these SIP-approved U.S.C. 301, 32 CFR part 171 is removed. standard is referred to as the 2008 ozone provisions. EPA is also proposing to NAAQS. See 73 FR 16436 (March 27, Dated: June 7, 2019. approve the District’s emissions 2008). Aaron T. Siegel, statements program certification for the On May 21, 2012 and June 11, 2012, Alternate OSD Federal Register Liaison 2008 ozone NAAQS. EPA is proposing EPA designated nonattainment areas for Officer, Department of Defense. to approve these SIP revisions in the 2008 ozone NAAQS. 77 FR 30088 accordance with the requirements of the [FR Doc. 2019–12354 Filed 6–11–19; 8:45 am] and 77 FR 34221. Effective July 20, CAA. BILLING CODE 5001–06–P 2012, the Washington, DC–MD–VA area DATES: This final rule is effective on July was designated as marginal 12, 2019. nonattainment for the 2008 ozone ADDRESSES: EPA has established a NAAQS. The Washington, DC–MD–VA docket for this action under Docket ID marginal nonattainment area includes Number EPA–R03–OAR–2018–0371. All the District of Columbia. 40 CFR 81.309. documents in the docket are listed on Section 182 of the CAA identifies the https://www.regulations.gov additional plan submissions and website. Although listed in the index, requirements for ozone nonattainment some information is not publicly areas. Specifically, section 182(a)(3)(B) available, e.g., confidential business of the CAA requires that states develop information (CBI) or other information and submit, as a revision to their SIP,

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27203

rules which establish annual reporting II. Summary of SIP Revision and EPA DCMR § 500.9. This SIP revision requirements for certain stationary Analysis requests that EPA update the District’s sources emitting VOCs or NOX. Sources On May 25, 2018, the District, through SIP to reflect the current citations to 20 that are within ozone nonattainment the District of Columbia Department of DCMR 500.4–500.9, rather than the now areas must annually report the actual Energy and the Environment (DOEE), outdated citations to 20 DCMR 500.4– emissions of NOX and VOC to the state. submitted, as a formal revision to its 500.5, 500.6, and 500.7. The SIP However, states may waive this SIP, a statement certifying that the revision also requests several minor reporting requirement for classes and District’s existing emissions statements stylistic changes to these SIP-approved categories of stationary sources that emit program covers the District’s portion of provisions, including, but not limited to, the use of ‘‘§’’ as opposed to under 25 tons per year (tpy) of NOX the Washington, DC-MD-VA and/or VOC if the state provides an nonattainment area for the 2008 ozone ‘‘section’’ and the addition of semicolons. inventory of emissions from these NAAQS and is at least as stringent as On March 5, 2019 (84 FR 7858), EPA classes or categories of sources as the requirements of CAA section published a notice of proposed required by CAA sections 172 and 182. 182(a)(3)(B). Upon review of the See CAA section 182(a)(3)(B)(ii). rulemaking (NPRM) for the District. In District’s emissions statements the NPRM, EPA found the District’s On March 6, 2015, EPA issued a final certification, EPA noted minor, stylistic December 12, 2018 administrative rule addressing a range of and numbering discrepancies between changes approvable under CAA section nonattainment area SIP requirements for the District’s SIP-approved emissions 110(a) and the District’s May 25, 2018 the 2008 ozone NAAQS, including the statements provisions and the emissions emissions statements certification for emissions statements requirements of statements provisions in the current the 2008 ozone NAAQS approvable CAA section 182(a)(3)(B) (2015 final publication of 20 DCMR § 500 that are under CAA section 182(a)(3)(B). EPA rule). 80 FR 12264. Per the preamble to cited in the District’s emissions proposed to approve both as revisions to EPA’s 2015 final rule, the source statements certification. the District SIP. EPA received a public emissions statement requirement EPA first approved the District’s comment on the March 5, 2019 NPRM. applies to all areas designated emissions statements requirements The submitted comment was not nonattainment for the 2008 ozone found at 20 DCMR 500.7 into the specific to this action and thus is not NAAQS. See 80 FR 12264, 12291. The District’s SIP on May 26, 1995 (60 FR addressed here. 1 preamble to EPA’s 2015 final rule also 27944). 40 CFR 52.470. However, in In this rulemaking action, EPA is states that most areas that are required their emissions statements certification approving the District’s December 12, to have an emissions statement program for the 2008 ozone NAAQS, the District 2018 request to revise their SIP to reflect for the 2008 ozone NAAQS already have cites 20 DCMR 500.9 as containing their the current edition of the DCMR for the one in place due to a nonattainment emissions statements requirements. SIP-approved provisions under 20 designation for an earlier ozone According to DOEE, pursuant to the DCMR 500.4–500.9. EPA is also NAAQS. Id. The preamble to EPA’s District of Columbia Documents Act of approving the District’s May 25, 2018 2015 final rule states that, ‘‘If an area 1978 (DC Official Code section 2–611 et emissions statements certification for has a previously approved emissions seq.) and Title III of the District of the 2008 ozone NAAQS and is finding statement rule in force for the 1997 Columbia Administrative Procedures that the District satisfies the emissions ozone NAAQS or the 1-hour ozone Act (APA) (DC Official Code section 2– statements requirements of CAA section NAAQS that covers all portions of the 551 et seq.), the Council granted the 182(a)(3)(B) for the 2008 ozone NAAQS. nonattainment area for the 2008 ozone Administrator of the Office of The rationale for EPA’s proposed NAAQS, such rule should be sufficient Documents and Administrative approval of the District’s SIP revision for purposes of the emissions statement Issuances (ODAI) editorial control of the requesting administrative changes to the requirement for the 2008 ozone DCMR to make minor changes in order SIP-approved provisions under 20 NAAQS.’’ Id. In cases where an existing to conform to their style guide without DCMR 500.4–500.9 and the District’s emissions statement rule is still going through any official legal emissions statements certification for rulemaking process. Under this adequate to meet the emissions the 2008 ozone NAAQS is included in authority, it appears that the statement requirement under the 2008 the NPRM and will not be restated here. Administrator of ODAI made numbering ozone NAAQS, states may provide the and minor stylistic changes to several III. Final Action rationale for that determination to EPA provisions under 20 DCMR 500, which in a written statement for approval in EPA is approving, as a revision to the resulted in the renumbering of the the SIP to meet the requirements of CAA District’s SIP, the District’s December District’s emissions statements section 182(a)(3)(B). Id. In this 12, 2018 request to revise their SIP to provisions from 20 DCMR 500.7 to 20 statement, states should identify how reflect the current provisions under 20 DCMR 500.9. DCMR 500.4–500.9. EPA is also the emissions statement requirements of Therefore, on December 12, 2018, the CAA section 182(a)(3)(B) are met by approving, as a revision to the District’s District, through DOEE, submitted a SIP SIP, the District’s May 25, 2018 their existing emissions statement rule. revision requesting that the District’s emissions statements certification for Id. SIP be updated to reflect these minor the 2008 ozone NAAQS as approvable In summary, the District is required to administrative changes, including the under CAA section 182(a)(3)(B). submit, as a formal revision to its SIP, renumbering of the District’s SIP- a statement certifying that the District’s approved emissions statements IV. Incorporation by Reference existing emissions statement program provision from 20 DCMR 500.7 to 20 In this document, EPA is finalizing satisfies the requirements of CAA regulatory text that includes section 182(a)(3)(B) and covers the 1 20 DCMR 500.4–500.5 and 500.6 were also incorporation by reference. In entirety of the District since it is approved into the District’s SIP on January 26, 1995 accordance with requirements of 1 CFR (60 FR 5134) and October 27, 1999 (64 FR 57777), included as part of the Washington, DC– respectively. These provisions concern reporting 51.5, EPA is finalizing the incorporation MD–VA marginal nonattainment area requirements related to the transfer of gasoline by reference of the provisions under 20 for the 2008 ozone NAAQS. products. DCMR 500.4–500.9. EPA has made, and

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27204 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

will continue to make, these materials • Does not have Federalism circuit by August 12, 2019. Filing a generally available through implications as specified in Executive petition for reconsideration by the www.regulations.gov and at the EPA Order 13132 (64 FR 43255, August 10, Administrator of this final rule does not Region III Office (please contact the 1999); affect the finality of this action for the person identified in the FOR FURTHER • Is not an economically significant purposes of judicial review nor does it INFORMATION CONTACT section of this regulatory action based on health or extend the time within which a petition preamble for more information). safety risks subject to Executive Order for judicial review may be filed, and Therefore, these materials have been 13045 (62 FR 19885, April 23, 1997); shall not postpone the effectiveness of approved by EPA for inclusion in the • Is not a significant regulatory action such rule or action. This action revising SIP, have been incorporated by subject to Executive Order 13211 (66 FR the District’s SIP to reflect the current reference by EPA into that plan, are 28355, May 22, 2001); provisions under 20 DCMR §§ 500.4– • fully Federally enforceable under Is not subject to requirements of 500.9 and approving the District’s May sections 110 and 113 of the CAA as of Section 12(d) of the National 25, 2018 emissions statements the effective date of the final rulemaking Technology Transfer and Advancement certification for the 2008 ozone NAAQS of EPA’s approval, and will be Act of 1995 (15 U.S.C. 272 note) because as satisfying the requirements of CAA incorporated by reference in the next application of those requirements would section 182(a)(3)(B) for the 2008 ozone 2 be inconsistent with the CAA; and update to the SIP compilation. • NAAQS may not be challenged later in Does not provide EPA with the proceedings to enforce its requirements. V. Statutory and Executive Order discretionary authority to address, as (See section 307(b)(2).) Reviews appropriate, disproportionate human health or environmental effects, using List of Subjects in 40 CFR Part 52 A. General Requirements practicable and legally permissible Environmental protection, Air Under the CAA, the Administrator is methods, under Executive Order 12898 pollution control, Incorporation by required to approve a SIP submission (59 FR 7629, February 16, 1994). that complies with the provisions of the In addition, this rule does not have reference, Intergovernmental relations, CAA and applicable Federal regulations. tribal implications as specified by Nitrogen dioxide, Ozone, Reporting and 42 U.S.C. 7410(k); 40 CFR 52.02(a). Executive Order 13175 (65 FR 67249, recordkeeping requirements, Volatile Thus, in reviewing SIP submissions, November 9, 2000), because the SIP is organic compounds. EPA’s role is to approve state choices, not approved to apply in Indian country Dated: May 30, 2019. provided that they meet the criteria of located in the state, and EPA notes that Cosmo Servidio, the CAA. Accordingly, this action it will not impose substantial direct Regional Administrator, Region III. merely approves state law as meeting costs on tribal governments or preempt 40 CFR part 52 is amended as follows: Federal requirements and does not tribal law. impose additional requirements beyond PART 52—APPROVAL AND those imposed by state law. For that B. Submission to Congress and the Comptroller General PROMULGATION OF reason, this action: IMPLEMENTATION PLANS • Is not a ‘‘significant regulatory The Congressional Review Act, 5 action’’ subject to review by the Office U.S.C. 801 et seq., as added by the Small ■ 1. The authority citation for part 52 of Management and Budget under Business Regulatory Enforcement continues to read as follows: Executive Orders 12866 (58 FR 51735, Fairness Act of 1996, generally provides October 4, 1993) and 13563 (76 FR 3821, that before a rule may take effect, the Authority: 42 U.S.C. 7401 et seq. January 21, 2011); agency promulgating the rule must Subpart J—District of Columbia • Is not an Executive Order 13771 (82 submit a rule report, which includes a FR 9339, February 2, 2017) regulatory copy of the rule, to each House of the ■ 2. Amend § 52.470: action because SIP approvals are Congress and to the Comptroller General ■ a. In the table in paragraph (c) by: exempted under Executive Order 12866. of the United States. EPA will submit a ■ i. Revising entries for ‘‘Sections 500.4, • Does not impose an information report containing this action and other 500.5’’, ‘‘Section 500.6’’, and ‘‘Section collection burden under the provisions required information to the U.S. Senate, 500.7’’; and of the Paperwork Reduction Act (44 the U.S. House of Representatives, and ■ U.S.C. 3501 et seq.); the Comptroller General of the United ii. Adding entries in numerical order • Is certified as not having a States prior to publication of the rule in for ‘‘Section 500.8’’ and ‘‘Section significant economic impact on a the Federal Register. A major rule 500.9’’; and ■ substantial number of small entities cannot take effect until 60 days after it b. In the table in paragraph (e) by under the Regulatory Flexibility Act (5 is published in the Federal Register. adding the entry ‘‘Emissions Statements U.S.C. 601 et seq.); This action is not a ‘‘major rule’’ as Rule Certification for the 2008 Ozone • Does not contain any unfunded defined by 5 U.S.C. 804(2). NAAQS’’ at the end of the table. mandate or significantly or uniquely The revisions and additions read as affect small governments, as described C. Petitions for Judicial Review follows: in the Unfunded Mandates Reform Act Under section 307(b)(1) of the CAA, § 52.470 Identification of plan. of 1995 (Pub. L. 104–4); petitions for judicial review of this action must be filed in the United States * * * * * 2 62 FR 27968 (May 22, 1997). Court of Appeals for the appropriate (c) * * *

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27205

EPA-APPROVED REGULATIONS AND STATUTES IN THE DISTRICT OF COLUMBIA SIP

State State citation Title/subject effective EPA approval date Additional date explanation

District of Columbia Municipal Regulations (DCMR), Title 20—Environment

*******

Chapter 5 Source Monitoring and Testing

******* Sections 500.4, 500.5 ...... Records and Reports ...... 09/30/93 [6/12/2019, Insert Federal Approved into the SIP on Register citation]. January 26, 1995. Administrative updates. Section 500.6 ...... Records and Reports ...... 09/30/93 [6/12/2019, Insert Federal Approved into the SIP on Register citation]. January 26, 1995. Administrative updates. Section 500.7 ...... Records and Reports ...... 09/30/93 [6/12/2019, Insert Federal Approved into the SIP on Register citation]. January 26, 1995. Administrative updates. Section 500.8 ...... Records and Reports ...... 09/03/93 [6/12/2019, Insert Federal Approved into the SIP on Oc- Register citation]. tober 27, 1999. Administrative updates. Section 500.9 ...... Records and Reports—Emis- 9/30/93 [6/12/2019, Insert Federal Approved into the SIP on sions Statements. Register citation]. May 26, 1995. Administrative updates.

*******

* * * * * (e) ** *

State Name of non-regulatory Applicable geographic area submittal EPA approval date Additional explanation SIP revision date

******* Emissions Statements Rule District of Columbia portion of 05/25/18 [6/12/2019, Insert Federal Certification that the District’s Certification for the 2008 the Washington, DC–MD– Register citation]. SIP-approved regulations at Ozone NAAQS. VA nonattainment area for 20 DCMR § 500.9 meet the the 2008 ozone NAAQS emissions statements re- (i.e., the District of Colum- quirements of CAA section bia). 182(a)(3)(B) for the 2008 ozone NAAQS.

[FR Doc. 2019–12294 Filed 6–11–19; 8:45 am] DEPARTMENT OF TRANSPORTATION SUMMARY: This final rule announces BILLING CODE 6560–50–P NHTSA’s determination that there are National Highway Traffic Safety no new model year 2018 light duty Administration truck lines subject to the parts-marking requirements of the Federal motor 49 CFR Part 541 vehicle theft prevention standard. The agency determined no new models were [Docket No. NHTSA–2017–0091] high-theft or had major parts that are RIN 2127–AL79 interchangeable with a majority of the covered major parts of passenger car or Federal Motor Vehicle Theft Prevention multipurpose passenger vehicle lines. Standard; Final Listing of 2018 Light This final rule also identifies those Duty Truck Lines Subject to the vehicle lines that have been granted an Requirements of This Standard and exemption from the parts-marking Exempted Vehicle Lines for Model Year requirements because they are equipped 2018 with antitheft devices determined to meet certain criteria. AGENCY: National Highway Traffic DATES: This final rule is effective June Safety Administration (NHTSA), 12, 2019. Department of Transportation. FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Final rule. Hisham Mohamed, Office of

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27206 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

International Policy, Fuel Economy and beginning in a given model year. Regulatory Impacts Consumer Programs at 202–366–0307 or Appendix A–I to part 541 lists those A. Executive Order 12866 and DOT Ms. Carlita Ballard, Office of vehicle lines that NHTSA has exempted Regulatory Policies and Procedures International Policy, Fuel Economy and from the theft prevention standard. Consumer Programs at 202–366–5222. This rulemaking document was not For MY 2018, there are no new LDT reviewed by the Office of Management SUPPLEMENTARY INFORMATION: The theft lines that will be subject to the theft and Budget (OMB) under Executive prevention standard (49 CFR part 541) prevention standard in accordance with applies to (1) all passenger car lines; (2) Order (E.O.) 12866. It is not considered the procedures published in 49 CFR part to be significant under E.O. 12866 or the all multipurpose passenger vehicle 542. (MPV) lines with a gross vehicle weight Department’s Regulatory Policies and rating (GVWR) of 6,000 pounds or less; For MY 2018, appendix A–1 identifies Procedures. The purpose of this final (3) low-theft light-duty truck (LDT) lines those vehicle lines that have been rule is to provide information to the with a GVWR of 6,000 pounds or less exempted by the agency from the parts- public about vehicle lines that must that have major parts that are marking requirements of part 541 and is comply with the parts marking interchangeable with a majority of the amended to include eleven vehicle lines requirements of NHTSA’s theft covered major parts of passenger car or newly exempted in full. The eleven prevention standard and vehicles that MPV lines; and (4) high-theft LDT lines exempted vehicle lines are the Acura NHTSA has exempted from those with a GVWR of 6,000 pounds or less. MDX, BMW X2, Chevrolet Volt, Ford requirements. Since the purpose of the The purpose of the theft prevention EcoSport, Jeep Wrangler, Kia Niro, Land final rule is to inform the public of actions NHTSA has already taken, either standard is to reduce the incidence of Rover F-Pace, Mitsubishi Eclipse Cross, determining that new lines are subject motor vehicle theft by facilitating the Nissan Kicks, Lexus NX, and the to parts marking requirements or tracing and recovery of parts from stolen Volkswagen Atlas. vehicles. The standard seeks to facilitate exempting vehicle lines from those The agency is removing the Nissan requirements, the final rule will not such tracing by requiring that vehicle Versa Note from the appendix A–1 identification numbers (VINs), VIN impose any new burdens. listing because it was erroneously derivative numbers, or other symbols be identified in appendix A–1 of the B. Executive Order 13771 placed on major component vehicle October 23, 2018 final rule. (See 83 FR Executive Order 13771 titled parts. The theft prevention standard 53396). Each year the agency also ‘‘Reducing Regulation and Controlling requires motor vehicle manufacturers to Regulatory Costs,’’ directs that, unless inscribe or affix VINs onto covered amends the appendices to part 542 to remove vehicle lines that have not been prohibited by law, whenever an original equipment major component executive department or agency parts, and to inscribe or affix a symbol manufactured in over 5 years. We believe that including those vehicle publicly proposes for notice and identifying the manufacturer and a comment or otherwise promulgates a common symbol identifying the lines would be unnecessary. Therefore, the agency is removing the Cadillac new regulation, it shall identify at least replacement component parts for those two existing regulations to be repealed. original equipment parts, on all vehicle DTS, Mazda CX–7, Mitsubishi Eclipse, Mitsubishi Endeavor, Mitsubishi Galant, In addition, any new incremental costs lines subject to the requirements of the associated with new regulations shall, to Nissan Versa Hatchback, Saab 9–3 and standard. the extent permitted by law, be offset by Saab 9–5 vehicle lines from the Title 49 U.S.C. 33104(d) provides that the elimination of existing costs. Only appendix A–I listing. However, NHTSA once a line has become subject to the those rules deemed significant under will continue to maintain a theft prevention standard, the line section 3(f) of Executive Order 12866, remains subject to the requirements of comprehensive database of all ‘‘Regulatory Planning and Review,’’ are the standard unless it is exempted exemptions on our website. subject to these requirements. As under 49 U.S.C. 33106. Section 33106 The changes made in this rule are discussed above, this rule is not a provides that a manufacturer may purely informational. The eleven significant rule under Executive Order petition annually to have one vehicle vehicle lines that will be added to 12866 and, accordingly, is not subject to line exempted from the requirements of appendix A–I of part 542 were granted the offset requirements of Executive Section 33104, if the line is equipped exemptions in accordance with the Order 13771. with an antitheft device meeting certain procedures of 49 CFR part 543 and 49 conditions as standard equipment. The C. National Environmental Policy Act U.S.C. 33106 and notices of the grants exemption is granted if NHTSA of those exemptions were published in NHTSA has analyzed this final rule determines that the antitheft device is the Federal Register. Therefore, NHTSA for the purposes of the National likely to be as effective as compliance Environmental Policy Act. The agency with the theft prevention standard in finds good cause under 5 U.S.C. 553(b)(3)(B) that notice and opportunity has determined that implementation of reducing and deterring motor vehicle this action will not have any significant for comment is unnecessary. Further, thefts. impact on the quality of the human public comment on the listing of NHTSA annually publishes the names environment as it merely informs the selections and exemptions is not of LDT lines NHTSA has determined to public about previous agency actions. contemplated by 49 U.S.C. chapter 331. be high theft pursuant to 49 CFR part Accordingly, no environmental 541, LDT lines that NHTSA has For the same reasons, since this revised assessment is required. determined to have major parts that are listing only informs the public of interchangeable with a majority of the previous agency actions and does not D. Executive Order 13132 (Federalism) covered major parts of passenger car or impose additional obligations on any The agency has analyzed this MPV lines, and vehicle lines that party, NHTSA finds good cause under 5 rulemaking in accordance with the NHTSA has exempted from the theft U.S.C. 553(d)(3) to make amendment principles and criteria contained in prevention standard. Appendix A to made by this rule effective on the date Executive Order 13132 and has part 541 identifies those LDT lines this rule is published in the Federal determined that it does not have subject to the theft prevention standard Register. sufficient Federal implications to

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27207

warrant consultation with State and taken by the agency, no new costs or clearance under the Paperwork local officials or the preparation of a burdens will result. Reduction Act of 1995 (Pub. L. 104–13, federalism summary impact statement. 44 U.S.C. chapter 35). This rule does not F. Executive Order 12988 (Civil Justice As discussed above, this final rule only impose any new information collection Reform) provides information to the public about requirements on manufacturers. previous agency actions. Pursuant to Executive Order 12988, ‘‘Civil Justice Reform’’,1 the agency has List of Subjects in 49 CFR Part 541 E. Unfunded Mandates Act considered whether this final rule has Administrative practice and The Unfunded Mandates Reform Act any retroactive effect. We conclude that procedure, Labeling, Motor vehicles, of 1995 requires agencies to prepare a it would not have such an effect as it Reporting and recordkeeping written assessment of the costs, benefits only informs the public of previous requirements. and other effects of proposed or final agency actions. In accordance with rules that include a Federal mandate section 49 U.S.C. 33118, when a Federal In consideration of the foregoing, 49 likely to result in the expenditure by theft prevention standard is in effect, a CFR part 541 is amended as follows: State, local or tribal governments, in the State or political subdivision of a State PART 541—[AMENDED] aggregate, or by the private sector, of may not have a different motor vehicle more than $100 million annually theft prevention standard for a motor ■ ($120.7 million as adjusted annually for vehicle or major replacement part. 49 1. The authority citation for part 541 inflation with base year of 1995). The U.S.C. 33117 provides that judicial continues to read as follows: assessment may be combined with other review of this rule may be obtained Authority: 49 U.S.C. 33101, 33102, 33103, assessments, as it is here. pursuant to 49 U.S.C. 32909. Section 33104, 33105 and 33106; delegation of This final rule will not result in 32909 does not require submission of a authority at 49 CFR 1.95. expenditures by State, local or tribal petition for reconsideration or other ■ 2. Appendix A–I to part 541 is revised governments or automobile administrative proceedings before to read as follows: manufacturers and/or their suppliers of parties may file suit in court. more than $120.7 million annually. This Appendix A–I to Part 541—Lines With document informs the public of G. Paperwork Reduction Act Antitheft Devices Which Are Exempted previously granted exemptions. Since The Department of Transportation has From the Parts-Marking Requirements the only purpose of this final rule is to not submitted an information collection of This Standard Pursuant to 49 CFR inform the public of previous actions request to OMB for review and Part 543

Manufacturer Subject lines

BMW ...... MINI, MINI Countryman (MPV), X1 (MPV), X1 Car Line (2012–2015), X2 1, X3, X4, X5, Z4, 1 Car Line, 3 Car Line, 4 Car Line, 5 Car Line, 6 Car Line, 7 Car Line. CHRYSLER ...... 200, 300C, Dodge Charger, Dodge Challenger, Dodge Dart, Dodge Journey, Fiat 500, Jeep Cherokee, Jeep Compass, Jeep Grand Cherokee, Jeep Patriot, Jeep Wrangler/Wrangler JK,2 Jeep Wrangler (new),1 Town and Country MPV. FORD MOTOR CO ...... C-Max, EcoSport,1 Edge, Escape, Explorer, Fiesta, Focus, Fusion, Lincoln MKC, Lincoln MKX, Mustang, Taurus. GENERAL MOTORS ...... Buick LaCrosse/Regal, Buick Verano, Cadillac ATS, Cadillac CTS, Cadillac SRX, Cadillac XTS, Chevrolet Bolt, Chevrolet Camaro, Chevrolet Corvette, Chevrolet Cruze, Chevrolet Equinox, Chevrolet Impala/Monte Carlo, Chevrolet Malibu, Chevrolet Sonic, Chevrolet Spark, Chevrolet Volt,1 GMC Terrain. HONDA ...... Accord, Acura MDX,1 Acura TL, Civic, CRV, Pilot. HYUNDAI ...... Azera, Equus, Genesis,3 IONIQ. JAGUAR ...... F-Type, XE, XF, XJ, XK, Land Rover Discovery Sport, Land Rover F-Pace,1 Land Rover LR2, Land Rover Range Rover Evoque. KIA ...... Niro.1 MASERATI ...... Ghibli, Levante (SUV), Quattroporte. MAZDA ...... 2, 3, 5, 6, CX–3, CX–5, CX–9, Fiat 124 Spyder, MX–5 Miata . MERCEDES-BENZ ...... smart USA fortwo, smart Line Chassis. SL-Line Chassis (SL-Class) (the models within this line are): SL400, SL550, SL 63/AMG, SL 65/AMG. SLK-Line Chassis (SLK-Class) (the models within this line are): SLK 250, SLK 300, SLK 350, SLK 55 AMG. S-Line Chassis (S/CL/S-Coupe Class) (the models within this line are): S450, S500, S550, S600, S55, S63 AMG, S65 AMG, CL55, CL65, CL500, CL550, CL600. NGCC Chassis Line (CLA/GLA/B-Class) (the models within this line are): B250e, CLA250, CLA250 4MATIC, CLA45 4MATIC AMG, GLA250, GLA45 AMG. C-Line Chassis (C-Class/CLK/GLK-Class) (the models within this line are): C63 AMG, C240, C250, C300, C350, CLK 350, CLK 550, CLK 63AMG, GLK250, GLK350. E- Line Chassis (E-Class/CLS Class) (the models within this line are): E55, E63 AMG, E320 BLUETEC, E350 BLUETEC, E320/E320DT CDi, E350/E500/E550, E400 HYBRID, CLS400, CLS500, CLS55 AMG, CLS63 AMG. MITSUBISHI ...... Eclipse Cross,1 iMiEV, Lancer, Outlander, Outlander Sport, Mirage. NISSAN ...... Altima, Cube, Juke, Leaf, Maxima, Murano, NV200 Taxi, Pathfinder, Quest, Rogue, Kicks,1 Sentra, Infiniti G (2003–2013), Infiniti M (2004–2013), Infiniti Q70, Infiniti Q50/60, Infiniti QX60. PORSCHE ...... 911, Boxster/Cayman, Macan, Panamera. SUBARU ...... Forester, Impreza, Legacy, B9 Tribeca, Outback, WRX, XV Crosstrek/Crosstrek.4 SUZUKI ...... Kizashi. TESLA ...... Model 3, Model S, Model X. TOYOTA ...... Camry, Corolla, Highlander, Lexus ES, Lexus GS, Lexus LS, Lexus NX,1 Lexus RX, Prius, RAV4, Sienna. VOLKSWAGEN ...... Atlas,1 Beetle, Eos, Jetta, Passat, Tiguan, Audi A3, Audi A4, Audi A4Allroad MPV, Audi A6, Audi A8, Audi Q3, Audi Q5, Audi TT, Golf/Rabbit/GTI/R32.

1 See 61 FR 4729, February 7, 1996.

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27208 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

Manufacturer Subject lines

VOLVO ...... S60. 1 Granted an exemption from the parts marking requirements beginning with MY 2018. 2 Jeep Wrangler (2007–2017) nameplate changed to Jeep Wrangler JK beginning with MY 2018. 3 Hyundai discontinued use of its parts marking exemption for the Genesis vehicle line beginning with the 2010 model year. 4 Subaru XV Crosstrek nameplate changed to Crosstrek beginning with MY 2016.

Issued in Washington, DC, under authority delegated in 49 CFR 1.95, 501.5. Heidi Renate King, Deputy Administrator. [FR Doc. 2019–12333 Filed 6–11–19; 8:45 am] BILLING CODE 4910–59–P

VerDate Sep<11>2014 16:04 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00016 Fmt 4700 Sfmt 9990 E:\FR\FM\12JNR1.SGM 12JNR1 jbell on DSK3GLQ082PROD with RULES 27209

Proposed Rules Federal Register Vol. 84, No. 113

Wednesday, June 12, 2019

This section of the FEDERAL REGISTER do not receive an automatic email reply White Flint North, 11555 Rockville contains notices to the public of the proposed confirming receipt, then contact us at Pike, Rockville, Maryland 20852. issuance of rules and regulations. The 301–415–1677. B. Submitting Comments purpose of these notices is to give interested • Fax comments to: Secretary, U.S. persons an opportunity to participate in the Nuclear Regulatory Commission at 301– Please include Docket ID NRC–2019– rule making prior to the adoption of the final 0083 in your comment submission. rules. 415–1101. • Mail comments to: Secretary, U.S. The NRC cautions you not to include Nuclear Regulatory Commission, identifying or contact information that you do not want to be publicly NUCLEAR REGULATORY Washington, DC 20555–0001, ATTN: disclosed in your comment submission. COMMISSION Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 The NRC will post all comment 10 CFR Part 50 Rockville Pike, Rockville, Maryland submissions at http:// www.regulations.gov as well as enter the [Docket No. PRM–50–119; NRC–2019–0083] 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; comment submissions into ADAMS. telephone: 301–415–1677. The NRC does not routinely edit Access to the Decommissioning Trust comment submissions to remove For additional direction on obtaining Fund for the Disposal of Large identifying or contact information. Components information and submitting comments, If you are requesting or aggregating see ‘‘Obtaining Information and comments from other persons for AGENCY: Nuclear Regulatory Submitting Comments’’ in the Commission. submission to the NRC, then you should SUPPLEMENTARY INFORMATION section of inform those persons not to include ACTION: Petition for rulemaking; notice this document. identifying or contact information that of docketing and request for comment. FOR FURTHER INFORMATION CONTACT: they do not want to be publicly SUMMARY: The U.S. Nuclear Regulatory Daniel Doyle, Office of Nuclear Material disclosed in their comment submission. Commission (NRC) has received a Safety and Safeguards, U.S. Nuclear Your request should state that the NRC petition for rulemaking from Gerard P. Regulatory Commission, Washington, does not routinely edit comment Van Noordennen on behalf of DC 20555–0001; telephone: 301–415– submissions to remove such information EnergySolutions, LLC, dated February 3748; email: [email protected]. before making the comment 22, 2019. The petitioner requests that SUPPLEMENTARY INFORMATION: submissions available to the public or entering the comment into ADAMS. the NRC revise its regulations to allow I. Obtaining Information and access to the decommissioning trust Submitting Comments II. The Petitioner and the Petition fund for the removal of major The petition was submitted by Gerard radioactive components before the A. Obtaining Information P. Van Noordennen on behalf of permanent cessation of operations. The Please refer to Docket ID NRC–2019– EnergySolutions, LLC. Gerard P. Van petition was docketed by the NRC on 0083 when contacting the NRC about Noordennen is the Vice President of March 20, 2019 and has been assigned the availability of information for this Regulatory Affairs. The petitioner Docket No. PRM–50–119. The NRC is action. You may obtain publicly- requests that the NRC amend part 50 of examining the issues raised in PRM–50– available information related to this title 10 of the Code of Federal 119 to determine whether they should action by any of the following methods: Regulations (10 CFR) to revise the be considered in rulemaking. The NRC • Federal Rulemaking Website: Go to criteria for decommissioning and allow is requesting public comment on this http://www.regulations.gov and search the use of the decommissioning trust petition at this time. for Docket ID NRC–2019–0083. fund for the disposal of major DATES: Submit comments by August 26, • NRC’s Agencywide Documents radioactive components before the 2019. Comments received after this date Access and Management System permanent cessation of operations. The will be considered if it is practical to do (ADAMS): You may obtain publicly- petition may be found in ADAMS at so, but the NRC is able to assure available documents online in the Accession No. ML19079A293. consideration only for comments ADAMS Public Documents collection at received on or before this date. http://www.nrc.gov/reading-rm/ III. Discussion of the Petition ADDRESSES: You may submit comments adams.html. To begin the search, select The petitioner requests that the NRC by any of the following methods: ‘‘Begin Web-based ADAMS Search.’’ For amend 10 CFR part 50 to revise the • Federal Rulemaking Website: Go to problems with ADAMS, please contact definition of decommissioning in § 50.2 http://www.regulations.gov and search the NRC’s Public Document Room (PDR) and amend § 50.82 to allow access to the for Docket ID NRC–2019–0083. Address reference staff at 1–800–397–4209, 301– decommissioning trust fund before the questions about NRC dockets to Carol 415–4737, or by email to pdr.resource@ permanent cessation of operations at Gallagher; telephone: 301–415–3463; nrc.gov. The ADAMS accession number nuclear power plants. The petitioner email: [email protected]. For for each document referenced (if it is observes that many factors within the technical questions contact the available in ADAMS) is provided the nuclear power industry have changed individual listed in the FOR FURTHER first time that it is mentioned in this since 2007, when the petitioner INFORMATION CONTACT section of this document. submitted a request for petition for document. • NRC’s PDR: You may examine and rulemaking on similar issues (ADAMS • Email comments to: purchase copies of public documents at Accession No. ML071570539), which [email protected]. If you the NRC’s PDR, Room O1–F21, One was docketed by the NRC as PRM–50–

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27210 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

88 and later denied. The petitioner 4. Are there other innovative financial SUPPLEMENTARY INFORMATION section for suggests that granting the petition will approaches that could be considered by further instructions on submitting remove unnecessary burden from the NRC or a licensee for dispositioning comments. licensees who store major radioactive major radioactive components while a FOR FURTHER INFORMATION CONTACT: If components on their sites during plant nuclear power plant is operating, while you have questions about this proposed operations because they cannot use still ensuring that sufficient funds will rulemaking, call or email LT Ryan decommissioning funds for disposal of be available for decommissioning? Junod, Chief of Waterways Management, these components. Storing these Provide an explanation for your U.S. Coast Guard Marine Safety Unit components on site results in costs to response. Cleveland; telephone 216–937–0124, build and maintain storage structures V. Conclusion email [email protected]. and to monitor for releases and SUPPLEMENTARY INFORMATION: exposures. The petitioner observes that The NRC has determined that the the removal and disposal of components petition meets the threshold sufficiency I. Table of Abbreviations during operations could be considered requirements for docketing a petition for CFR Code of Federal Regulations as activities that would be part of the rulemaking under 10 CFR 2.803. The DHS Department of Homeland Security decommissioning process; therefore, NRC is examining the issues raised in FR Federal Register decommissioning funds could be used PRM–50–119 to determine whether they NPRM Notice of proposed rulemaking for disposal of the components before should be considered in rulemaking. § Section U.S.C. United States Code permanent cessation of operations, in Dated at Rockville, Maryland, this 6th day cases where excess funds can be shown of June, 2019. II. Background, Purpose, and Legal to exist. The petitioner also observes For the Nuclear Regulatory Commission. Basis that onsite storage of major radioactive Annette L. Vietti-Cook, On March 4, 2019, the American components leads to unnecessary Secretary of the Commission. Association of State Compensation regulatory burdens for their [FR Doc. 2019–12342 Filed 6–11–19; 8:45 am] Insurance Funds notified the Coast maintenance and monitoring, including Guard that it will be conducting a a potential for worker exposure. BILLING CODE 7590–01–P fireworks display from 9:30 p.m. IV. Request for Comment through 9:35 p.m. on July 21, 2019. The fireworks are to be launched from land The NRC is requesting public DEPARTMENT OF HOMELAND at position 41°30′26″ N and 81°42′11″ W comment on the following specific SECURITY near Cleveland, OH. Hazards from questions: Coast Guard firework displays include accidental 1. Licensees currently may use their discharge of fireworks, dangerous own internal operating funds to dispose 33 CFR Part 165 projectiles, and falling hot embers or of major radioactive components (e.g., other debris. The Captain of the Port [Docket Number USCG–2019–0396] steam generators) during plant Buffalo (COTP) has determined that operation, or they may choose to wait RIN 1625–AA00 potential hazards associated with the until decommissioning begins to use fireworks to be used in this display funds set aside for decommissioning. Safety Zone; AASCIF Fireworks would be a safety concern for anyone What advantages or disadvantages do Display, Lake Erie, Cleveland, OH within a 350-foot radius of the fireworks you see to either approach, which are AGENCY: Coast Guard, DHS. launch site. available under the current regulations? The purpose of this rulemaking is to Provide an explanation for your ACTION: Notice of proposed rulemaking. ensure the safety of vessels and the response. navigable waters within a 350-foot 2. Should the NRC revise its SUMMARY: The Coast Guard is proposing ° ′ ″ to establish a temporary safety zone for radius of position 41 30 26 N and regulations to allow a licensee the 81°42′11″ W before, during, and after option to use funds set aside for certain waters of Lake Erie during the AASCIF Fireworks display. This action the scheduled event. The Coast Guard is radiological decommissioning proposing this rulemaking under (decommissioning trust fund) to dispose is necessary to provide for the safety of life on these navigable waters near the authority in 46 U.S.C. 70034 (previously of major radioactive components (e.g., 33 U.S.C. 1231). steam generators) while the nuclear Great Lakes Science Center, Cleveland, power plant is still operating? Provide OH, during a fireworks display on July III. Discussion of Proposed Rule an explanation for your response. 21, 2019. This proposed rulemaking The COTP is proposing to establish a 3. What criteria should the NRC would prohibit persons and vessels safety zone from 9:15 p.m. through 9:50 consider for a licensee to be able to use from being in the safety zone unless p.m. on July 21, 2019. The safety zone the decommissioning trust fund early authorized by the Captain of the Port would cover all navigable waters within for large component disposal? For Buffalo or a designated representative. 350 feet of position 41°30′26″ N and example, the NRC could require a We invite your comments on this 81°42′11″ W near Lake Erie, Cleveland, licensee to provide a site-specific proposed rulemaking. OH. The duration of the zone is decommissioning cost estimate at the DATES: Comments and related material intended to ensure the safety of vessels time of a request for early access to must be received by the Coast Guard on and these navigable waters before, funds. The NRC also could require or before July 12, 2019. during, and after the scheduled 9:30 annual reports that funds in the ADDRESSES: You may submit comments p.m. through 9:35 p.m. fireworks decommissioning trust will be adequate identified by docket number USCG– display. No vessel or person would be to meet the decommissioning cost 2019–0396 using the Federal permitted to enter the safety zone estimate. Would such criteria be eRulemaking Portal at https:// without obtaining permission from the sufficient to ensure that adequate www.regulations.gov. See the ‘‘Public COTP or a designated representative. decommissioning funds will be Participation and Request for The regulatory text we are proposing available during decommissioning? Comments’’ portion of the appears at the end of this document.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27211

IV. Regulatory Analyses significant economic impact on any E. Unfunded Mandates Reform Act We developed this proposed rule after vessel owner or operator. The Unfunded Mandates Reform Act considering numerous statutes and If you think that your business, of 1995 (2 U.S.C. 1531–1538) requires Executive orders related to rulemaking. organization, or governmental Federal agencies to assess the effects of Below we summarize our analyses jurisdiction qualifies as a small entity their discretionary regulatory actions. In based on a number of these statutes and and that this rule would have a particular, the Act addresses actions Executive orders and we discuss First significant economic impact on it, that may result in the expenditure by a Amendment rights of protestors. please submit a comment (see State, local, or tribal government, in the aggregate, or by the private sector of A. Regulatory Planning and Review ADDRESSES) explaining why you think it qualifies and how and to what degree $100,000,000 (adjusted for inflation) or Executive Orders 12866 and 13563 this rule would economically affect it. more in any one year. Though this direct agencies to assess the costs and proposed rule would not result in such Under section 213(a) of the Small benefits of available regulatory an expenditure, we do discuss the Business Regulatory Enforcement alternatives and, if regulation is effects of this rule elsewhere in this Fairness Act of 1996 (Pub. L. 104–121), necessary, to select regulatory preamble. we want to assist small entities in approaches that maximize net benefits. understanding this proposed rule. If the F. Environment Executive Order 13771 directs agencies to control regulatory costs through a rule would affect your small business, We have analyzed this proposed rule budgeting process. This NPRM has not organization, or governmental under Department of Homeland been designated a ‘‘significant jurisdiction and you have questions Security Directive 023–01 and regulatory action,’’ under Executive concerning its provisions or options for Environmental Planning COMDTINST Order 12866. Accordingly, the NPRM compliance, please contact the person 5090.1 (series), which guide the Coast has not been reviewed by the Office of listed in the FOR FURTHER INFORMATION Guard in complying with the National Management and Budget (OMB), and CONTACT section. The Coast Guard will Environmental Policy Act of 1969 (42 pursuant to OMB guidance it is exempt not retaliate against small entities that U.S.C. 4321–4370f), and have made a from the requirements of Executive question or complain about this preliminary determination that this Order 13771. proposed rule or any policy or action of action is one of a category of actions that This regulatory action determination the Coast Guard. do not individually or cumulatively have a significant effect on the human is based on the conclusion that this rule C. Collection of Information is not a significant regulatory action. We environment. This proposed rule anticipate that it will have minimal This proposed rule would not call for involves a safety zone lasting less than impact on the economy, will not a new collection of information under 1 hour that would prohibit entry within 350 feet of a fireworks display. interfere with other agencies, will not the Paperwork Reduction Act of 1995 Normally such actions are categorically adversely alter the budget of any grant (44 U.S.C. 3501–3520). excluded from further review under or loan recipients, and will not raise any paragraph L[60] in Table 3–1 of U.S. novel legal or policy issues. The safety D. Federalism and Indian Tribal Coast Guard Environmental Planning zone created by this rule will be Governments Implementing Procedures 5090.1. A relatively small and enforced for a A rule has implications for federalism preliminary Record of Environmental relatively short time. Also, the safety under Executive Order 13132, Consideration supporting this zone has been designed to allow vessels Federalism, if it has a substantial direct determination is available in the docket to transit around it. Thus, restrictions on effect on the States, on the relationship where indicated under ADDRESSES. We vessel movement within that particular between the national government and seek any comments or information that area are expected to be minimal. Under the States, or on the distribution of may lead to the discovery of a certain conditions, moreover, vessels power and responsibilities among the significant environmental impact from may still transit through the safety zone various levels of government. We have this proposed rule. when permitted by the COTP. analyzed this proposed rule under that G. Protest Activities B. Impact on Small Entities Order and have determined that it is consistent with the fundamental The Coast Guard respects the First The Regulatory Flexibility Act of federalism principles and preemption Amendment rights of protesters. 1980, 5 U.S.C. 601–612, as amended, requirements described in Executive Protesters are asked to contact the requires Federal agencies to consider Order 13132. person listed in the FOR FURTHER the potential impact of regulations on INFORMATION CONTACT section to small entities during rulemaking. The Also, this proposed rule does not have coordinate protest activities so that your term ‘‘small entities’’ comprises small tribal implications under Executive message can be received without businesses, not-for-profit organizations Order 13175, Consultation and jeopardizing the safety or security of that are independently owned and Coordination with Indian Tribal people, places, or vessels. operated and are not dominant in their Governments, because it would not have fields, and governmental jurisdictions a substantial direct effect on one or V. Public Participation and Request for with populations of less than 50,000. more Indian tribes, on the relationship Comments The Coast Guard certifies under 5 U.S.C. between the Federal Government and We view public participation as 605(b) that this proposed rule would not Indian tribes, or on the distribution of essential to effective rulemaking, and have a significant economic impact on power and responsibilities between the will consider all comments and material a substantial number of small entities. Federal Government and Indian tribes. received during the comment period. While some owners or operators of If you believe this proposed rule has Your comment can help shape the vessels intending to transit the safety implications for federalism or Indian outcome of this rulemaking. If you zone may be small entities, for the tribes, please contact the person listed submit a comment, please include the reasons stated in section IV.A above, in the FOR FURTHER INFORMATION docket number for this rulemaking, this proposed rule would not have a CONTACT section. indicate the specific section of this

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27212 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

document to which each comment Buffalo or a designated on-scene ADDRESSES: Submit your comments, applies, and provide a reason for each representative. identified by Docket ID No. EPA–R05– suggestion or recommendation. (2) This safety zone is closed to all OAR–2018–0072 at http:// We encourage you to submit vessel traffic, except as may be www.regulations.gov, or via email to comments through the Federal permitted by the Captain of the Port [email protected]. For comments eRulemaking Portal at http:// Buffalo or a designated on-scene submitted at Regulations.gov, follow the www.regulations.gov. If your material representative. online instructions for submitting cannot be submitted using http:// (3) The ‘‘on-scene representative’’ of comments. Once submitted, comments www.regulations.gov, contact the person the Captain of the Port Buffalo is any cannot be edited or removed from in the FOR FURTHER INFORMATION Coast Guard commissioned, warrant or Regulations.gov. For either manner of CONTACT section of this document for petty officer who has been designated submission, EPA may publish any alternate instructions. by the Captain of the Port Buffalo to act comment received to its public docket. We accept anonymous comments. All on his behalf. Do not submit electronically any comments received will be posted (4) Vessel operators desiring to enter information you consider to be without change to https:// or operate within the safety zone must Confidential Business Information (CBI) www.regulations.gov and will include contact the Captain of the Port Buffalo or other information whose disclosure is any personal information you have or an on-scene representative to obtain restricted by statute. Multimedia provided. For more about privacy and permission to do so. The Captain of the submissions (audio, video, etc.) must be the docket, visit https:// Port Buffalo or an on-scene accompanied by a written comment. www.regulations.gov/privacyNotice. representative may be contacted via The written comment is considered the Documents mentioned in this NPRM VHF Channel 16. Vessel operators given official comment and should include as being available in the docket, and all permission to enter or operate in the discussion of all points you wish to public comments, will be in our online safety zone must comply with all make. EPA will generally not consider docket at https://www.regulations.gov directions given to them by the Captain comments or comment contents located and can be viewed by following that of the Port Buffalo, or his on-scene outside of the primary submission (i.e., website’s instructions. Additionally, if representative. on the web, cloud, or other file sharing system). For additional submission you go to the online docket and sign up Dated: June 5, 2019. for email alerts, you will be notified methods, please contact the person Joseph S. Dufresne, identified in the FOR FURTHER when comments are posted or a final Captain, U.S. Coast Guard, Captain of the rule is published. INFORMATION CONTACT section. For the Port Buffalo. full EPA public comment policy, List of Subjects in 33 CFR Part 165 [FR Doc. 2019–12228 Filed 6–11–19; 8:45 am] information about CBI or multimedia BILLING CODE 9110–04–P Harbors, Marine safety, Navigation submissions, and general guidance on (water), Reporting and recordkeeping making effective comments, please visit requirements, Security measures, http://www2.epa.gov/dockets/ Waterways. ENVIRONMENTAL PROTECTION commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: For the reasons discussed in the AGENCY Francisco J. Acevedo, Mobile Source preamble, the Coast Guard is proposing 40 CFR Part 52 Program Manager, Control Strategies to amend 33 CFR part 165 as follows: Section, Air Programs Branch (AR–18J), [EPA–R05–OAR–2018–0072; FRL–9995–13– Environmental Protection Agency, PART 165—REGULATED NAVIGATION Region 5] AREAS AND LIMITED ACCESS AREAS Region 5, 77 West Jackson Boulevard, Air Plan Approval; Illinois; Sulfur Chicago, Illinois 60604, (312) 886–6061, ■ 1. The authority citation for part 165 Dioxide [email protected]. continues to read as follows: SUPPLEMENTARY INFORMATION: AGENCY: Environmental Protection Authority: 46 U.S.C. 70034, 70051; 33 CFR Throughout this document whenever 1.05–1, 6.04–1, 6.04–6, and 160.5; Agency (EPA). ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean Department of Homeland Security Delegation ACTION: Proposed rule. EPA. This SUPPLEMENTARY INFORMATION No. 0170.1. section is arranged as follows: SUMMARY: The Environmental Protection ■ I. What is the background for this action? 2. Add § 165.T09–0396 to read as Agency (EPA) is proposing to approve a follows: II. What changes have been made as part of request submitted by the Illinois the SIP revision? § 165.T09–0396 Safety Zone; AASCIF Environmental Protection Agency III. What is EPA’s analysis of the state’s Fireworks Display; Lake Erie, Cleveland, (IEPA) on February 6, 2018 to revise the submittal? OH. Illinois State Implementation Plan (SIP) IV. What action is EPA taking? under the Clean Air Act (CAA) for the V. Incorporation by Reference (a) Location. The safety zone will VI. Statutory and Executive Order Reviews encompass all waters of Lake Erie; 2010 sulfur dioxide (SO2) National Cleveland, OH contained within a 350- Ambient Air Quality Standard I. What is the background for this foot radius of: 41°30′26″ N, 81°42′11″ W. (NAAQS). IEPA is specifically action? (b) Enforcement Period. This requesting EPA approval to amend On June 22, 2010, EPA promulgated a Illinois’ SIP for the 2010 SO2 NAAQS to regulation will be enforced from 9:15 new 1-hour primary SO2 NAAQS of 75 p.m. through 9:50 p.m. on July 21, 2019. account for two variances recently parts per billion (ppb), which is met at (c) Regulations. granted by the Illinois Pollution Control an ambient air quality monitoring site (1) In accordance with the general Board (IPCB) to Calpine Corporation when the 3-year average of the annual regulations in § 165.23 of this part, entry (Calpine) and Exelon Generation, LLC 99th percentile of 1-hour daily into, transiting, or anchoring within this (Exelon). maximum concentrations does not safety zone is prohibited unless DATES: Comments must be received on exceed 75 ppb, as determined in authorized by the Captain of the Port or before July 12, 2019. accordance with appendix T of 40 CFR

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27213

part 50. See 75 FR 35520, codified at 40 equipment in the event of an emergency 2016, the IPCB granted the variance CFR 50.17(a)–(b). On August 5, 2013, or loss of power. The facilities must from January 1, 2017, to December 31, EPA designated a first set of 29 areas of always keep a specified volume of 2021, subject to certain conditions. the country as nonattainment for the diesel fuel on hand to power the On August 3, 2017, Calpine filed a 2010 SO2 NAAQS, including the emergency equipment and ensure Motion to Administratively Amend the Lemont and Pekin areas within Illinois. nuclear safety. However, the amount of IPCB’s Order Granting a Variance to See 78 FR 47191, codified at 40 CFR fuel actually used is low because the use amend the IPCB’s final order by part 81, subpart C. These area of the fuel for anything other than replacing references to 35 Ill. Adm. designations were effective October 4, emergencies and readiness testing is Code 214.161(b)(2), which applies to 2013. More recently, on July 12, 2016, prohibited. This results in a large fuel combustion emission units, with EPA designated the Alton Township amount of fuel with sulfur content references to 35 Ill. Adm. Code area (including part of Madison County) greater than 15 ppm being stored for 214.305(a)(2), which applies to process and the Williamson County area as long periods of time. The four stations emission units, as the units subject to additional nonattainment areas for the currently have 47 emergency fuel tanks the variance are actually process 2010 SO2 NAAQS in Illinois. See 81 FR with over 700,000 gallons of diesel fuel emission units. The IPCB granted the 45039. These area designations were containing sulfur ranging from 19 ppm motion on August 17, 2017, amending effective September 12, 2016. to 211 ppm. its order to correct the errors. In conjunction with its adoption of On May 18, 2016, Exelon filed a Since the petitions for variance sought SO2 emission limits for major sources, Petition for Variance with the IPCB relief from provisions that were Illinois adopted rule revisions (Sulfur regarding its Byron (Ogle County), approved into the Illinois SIP, such Content Rule) to limit the sulfur content Clinton (DeWitt County), Dresden variances must be submitted to EPA for of distillate and residual fuel oil (Grundy County), and LaSalle (LaSalle approval as SIP revisions. None of the combusted at stationary sources County) nuclear generation stations. See facilities addressed in the Exelon and throughout the state. See 35 Ill. Adm. Exelon Generation, LLC v. Illinois Calpine variances are located in or near Code 214.161(b)(2) and 214.305(a)(2). Environmental Protection Agency, PCB existing SO2 nonattainment areas. The Sulfur Content Rule specifically 16–106. Exelon requested relief from the requires that the sulfur content of 15 ppm sulfur content limitation for III. What is EPA’s analysis of the state’s distillate fuel oil combusted on or after distillate fuel oil set forth in 35 Ill. Adm. submittal? January 1, 2017, not exceed 15 parts per Code 214.161(b)(2). On September 8, Our primary consideration for million (ppm). The rule applies to 2016, the IPCB granted the variance determining the approvability of owners and operators of existing fuel from January 1, 2017, to December 31, Illinois’ revision is whether approval of combustion emission and process 2019, for the Byron and Dresden the Exelon and Calpine variances to the emission sources that burn liquid fuel. stations, subject to certain conditions; SO2 SIP comply with the SO2 NAAQS. Consistent with trends toward from January 1, 2017, to December 31, EPA can approve a SIP revision that increasing availability and use of lower 2020, for the Clinton station, subject to modifies control measures in the SIP sulfur oil of all kinds, these limits were certain conditions; and from January 1, once the state makes a demonstration intended to assure that the considerable 2017, to December 31, 2021, for the that such modification will not interfere number of generally smaller boilers that LaSalle station, subject to certain with attainment of the NAAQS, or any burn these fuels use fuels with relatively conditions. other CAA requirement. Calpine owns three simple-cycle low sulfur content. Exelon Variance Rather than imposing fuel sulfur natural gas fired turbines with distillate content limitations piecemeal as oil as back up fuel to generate electricity Exelon considered four potential additional areas are designated in Zion, Illinois (known as ‘‘Zion Energy options to comply with the Sulfur nonattainment, the IEPA proposed Center’’). The Zion Energy Center is a Content Rule as of January 1, 2017. Such establishing such limits statewide. The ‘‘peaker’’ plant that only operates when options included combusting all of the new limits adopted by Illinois are electricity demand is high. Each turbine noncompliant fuel; continuing to dilute intended to help protect air quality in at the Zion Energy Center is equipped the fuel’s sulfur content concentrations the entire state, including the Alton with dry low NOX combustors for with ultra-low sulfur diesel (ULSD); Township, Lemont, Pekin, and natural gas firing and water injection for draining all of the storage tanks and Williamson County nonattainment oil firing. The Zion Energy Center also refilling them with ULSD; or draining areas. The limits will also assist Illinois’ maintains a supply of distillate oil to and refilling on the larger tanks. For the attainment planning efforts in future burn when it cannot access natural gas. proposed SIP revision, Exelon has nonattainment areas and could The facility currently has 960,000 demonstrated that none of the four potentially help certain areas avoid a gallons of distillate oil with a sulfur compliance alternatives evaluated were nonattainment designation. content of 113 ppm, a mixture of ultra- practicable for meeting the 15 ppm Illinois’ Sulfur Content Rule, low sulfur fuel (at or below 15 ppm) and sulfur limit by January 1, 2017 and containing 35 Ill. Adm. Code fuel with higher sulfur content. presented a substantial hardship to the 214.161(b)(2) and 214.305(a)(2), was On June 16, 2016, Calpine filed a company. submitted to EPA as a SIP revision on Petition for Variance with the IPCB Exelon explains that the facilities are March 2, 2016, and the EPA issued an regarding the Zion Energy Center. See required to maintain large volumes of approval in the Federal Register on Calpine Corporation (Zion Energy diesel fuel to power emergency February 1, 2018 (83 FR 4591) and May Center) v. Illinois Environmental generators, auxiliary boilers (at two of 29, 2018 (83 FR 24406). Protection Agency, PCB 16–112. On the facilities), and fire pumps, August 8, 2016, Calpine filed an equipment that Exelon collectively II. What changes have been made as Amended Petition for a Variance with refers to as its ‘‘Emergency Equipment.’’ part of the SIP revision? the IPCB, requesting relief from the 15 The Nuclear Regulatory Commission Exelon maintains a series of diesel ppm sulfur content limitation for (NRC) requires that the facilities fuel storage tanks at four of its nuclear distillate fuel oil set forth in 35 Ill. Adm. maintain this equipment to be used in generation stations for fuel that powers Code 214.161(b)(2). On November 17, emergency situations, such as during

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27214 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

power losses. See 10 CFR 50.63. The facilities, Exelon estimates that it would prevented burning the entire supply of NRC also requires that the Emergency emit a total of 0.481 more tons of SO2 the distillate oil supply before January Equipment be maintained in a condition under the variance than if it timely 1, 2017. Additionally, Calpine also that will ensure they will startup and complied with the Sulfur Content Rule. argues that draining the storage tanks provide emergency power when called As Exelon replenishes the emergency would impose a substantial hardship. upon at a high degree of readiness. tanks with ULSD, sulfur concentrations Draining the tanks would entail Exelon explains that this ‘‘availability’’ in the fuel will be reduced over time. purchasing and installing new requirement limits the amount of time Taking this dilution into account and equipment and revising facility plans Exelon can perform preventative using annual averages for fuel burned that safeguard fuel spills at a substantial maintenance on the equipment and the over the last five years, the estimated cost. Furthermore, Calpine alleges that it associated fuel tanks. SO2 emissions with the variance are is contractually obligated to maintain 12 Exelon further explains that NRC 0.067 more ton per year than with hours of backup fuel in case of regulations require that the facilities compliant fuel. As the variance relief emergency, so draining the tanks would store and maintain on-site enough fuel would last from three to five years, violate this obligation and risk public to power the Emergency Equipment for depending on the station, Exelon safety. Based on Calpine’s argument, the up to seven days. Exelon indicates, if estimates that it would emit a total of IPCB and IEPA both determined that the minimum inventory is not 0.26 ton more of SO under the variance 2 Calpine would suffer a substantial immediately available, the plant enters than if it timely complied with the hardship if required to immediately a Limiting Condition for Operation Sulfur Content Rule. (LCO) for the associated emergency IEPA does not believe that any injury comply with the Sulfur Content Rule. engines. This threatens the pertinent to the public or environment will result Under Calpine’s compliance plan, the station’s ability to meet applicable from granting the variance. None of the facility would comply with the Sulfur availability and operability facilities are in an SO2 nonattainment Content Rule by January 1, 2022 by requirements, and if not corrected area, and the estimated SO2 emissions continuing to purchase only fuel with within seven days, obligates the station increase is negligible and extremely sulfur content below 15 ppm. This to begin a controlled shutdown of the unlikely to impact an SO2 ensures that the sulfur content of the affected nuclear reactor. nonattainment area. Further, IEPA has fuel used at the facility will continue to Exelon indicates that the federally examined the locations of these decrease. During the variance period, enforceable state operating permits facilities in comparison to areas the sulfur content of all distillate oil (FESOPs) for the facilities restrict the currently being investigated and combusted by Calpine must not exceed usage of, and emissions from, the modeled for future area designation 115 ppm sulfur content. Emergency Equipment. Similarly, some recommendations and determined that of the equipment is subject to Federal there is no overlap; IEPA therefore does Calpine alleges that with its existing New Source Performance Standards not believe that the facilities will impact supply of distillate oil, its turbines can (NSPS) for ‘‘Stationary Compression potential future nonattainment areas. operate for approximately 68.6 hours (or Ignition Internal Combustion Engines’’ approximately 22.8 hours of operation (NSPS IIII, 40 CFR 60.4200) and the Calpine Variance for each of the three turbines). With the National Emission Standards for Calpine considered two potential proposed maximum sulfur content of Hazardous Air Pollutants (NESHAP) for options for immediate compliance with 115 ppm for distillate oil, this operation ‘‘Stationary Reciprocating Internal the Sulfur Content Rule. Such options would emit a total of 0.77 tons of SO2 Combustion Engines’’ (Maximum included combusting all of its distillate over the five-year term of the variance, Achievable Control Technology (MACT) oil before January 1, 2017; and draining or 0.15 tons per year (tpy). Under ZZZZ, 40 CFR 63.6580), which also the fuel from the storage tanks. For the compliance with the Sulfur Content restrict the amount of time the proposed SIP revision, Calpine Rule (using only 15 ppm distillate oil), Emergency Equipment can be operated. demonstrated that none of the 68.6 hours of operation would yield a Exelon explains that, in 2007 for the compliance alternatives evaluated were total of 0.10 tons of SO2 emissions, or Byron, Dresden, and LaSalle Stations practicable for meeting the 15 ppm 0.02 tpy. Therefore, Calpine estimates and in 2010 for the Clinton Station, it sulfur limit by January 1, 2017 and that it would emit a total of 0.67 ton began purchasing only ultra-low sulfur presented a substantial hardship to the more of SO2 under the variance than if fuel (i.e., fuel with sulfur content no company. it timely complied with the Sulfur greater than 15 ppm) to replenish any Calpine argued that it cannot combust Content Rule. fuel depleted from the pertinent diesel all of its distillate oil without violating IEPA does not believe that any injury fuel storage tanks. While this has its Clean Air Act Permit Program to the public or environment will result resulted in the dilution of the sulfur (CAAPP) permit that was reissued on content of the stored fuel, recent October 16, 2014 (ID NO. 097200ABB, from granting the Calpine variance. The sampling of a representative number of Application No. 99110042). Under its Zion Energy Center is not located in an tanks at the facilities indicates that there permit, the facility may only combust SO2 nonattainment area, and the is fuel in the system that currently distillate oil for limited purposes estimated SO2 emissions increase is remains above 15 ppm. including when natural gas is negligible and extremely unlikely to Exelon’s plan for complying with the unavailable or for shakedown, impact an SO2 nonattainment area. Sulfur Content Rule by the end of the evaluation, and testing of the turbines. Further, IEPA has evaluated air variance period outlined by the IPCB Calpine alleges that because the dispersion modeling submitted by calls for continuing to replenish the facility’s turbines are expensive to Calpine that demonstrates that even lower sulfur tanks with ULSD; and, as operate, electricity grid operators only under a 115 ppm sulfur scenario, as part of a coordinated program, emptying direct the Zion Energy Center to outlined in the variance, the facility will the higher sulfur tanks and refiling them generate electricity when demand is not cause a violation of the SO2 with ULSD. high, such as during extreme weather NAAQS; IEPA therefore does not Using sulfur concentrations equal to conditions. Therefore, the facility’s believe that the Facility will impact those from current tank samples at the permit and economic conditions potential future nonattainment areas.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27215

Conclusion October 4, 1993) and 13563 (76 FR 3821, DEPARTMENT OF TRANSPORTATION None of the facilities addressed in the January 21, 2011); • Federal Railroad Administration SIP are in or near existing SO2 Is not expected to be an Executive nonattainment areas. EPA has no reason Order 13771 (82 FR 9339, February 2, to believe that Illinois’ revision to the 2017) regulatory action because this 49 CFR Parts 270 and 271 Illinois SO2 SIP will cause any area in action is not significant under Executive Order 12866; [Docket No. FRA–2011–0060, Notice No. 10 Illinois to become nonattainment for the and FRA–2009–0038, Notice No. 7] SO2 NAAQS. Based on the above • Does not impose an information discussion, EPA believes that the collection burden under the provisions RIN 2130–AC73 variances granted by the IPCB will not of the Paperwork Reduction Act (44 interfere with attainment or U.S.C. 3501 et seq.); System Safety Program and Risk maintenance of the SO2 NAAQS in • Is certified as not having a Reduction Program Illinois and would not interfere with significant economic impact on a AGENCY: Federal Railroad any other applicable requirement of the substantial number of small entities CAA, and thus, is approvable under Administration (FRA), Department of under the Regulatory Flexibility Act (5 Transportation (DOT). CAA. U.S.C. 601 et seq.); ACTION: Notice of proposed rulemaking • Does not contain any unfunded IV. What action is EPA taking? (NPRM); response to petitions for mandate or significantly or uniquely EPA is proposing to approve the reconsideration. revision to the Illinois SIP submitted by affect small governments, as described the IEPA on February 6, 2018, because in the Unfunded Mandates Reform Act SUMMARY: In response to petitions for the variances granted by the IPCB for of 1995 (Pub. L. 104–4); reconsideration of a final rule, FRA Calpine and Exelon meet all applicable • Does not have Federalism proposes to amend its regulations requirements and would not interfere implications as specified in Executive requiring commuter and intercity with reasonable further progress or Order 13132 (64 FR 43255, August 10, passenger railroads to develop and attainment of the SO2 NAAQS. 1999); implement a system safety program • Is not an economically significant (SSP) to improve the safety of their V. Incorporation by Reference regulatory action based on health or operations. The proposed amendments In this rule, EPA is finalizing safety risks subject to Executive Order would include clarifying that while all regulatory text that includes 13045 (62 FR 19885, April 23, 1997); persons providing intercity passenger incorporation by reference. In • Is not a significant regulatory action rail (IPR) service or commuter rail accordance with requirements of 1 CFR subject to Executive Order 13211 (66 FR passenger transportation share 51.5, EPA is finalizing the incorporation 28355, May 22, 2001); responsibility for ensuring compliance by reference of the IPCB Opinion and • Is not subject to requirements of with the SSP final rule, the rule does Order of the Board (PCB 16–106) Section 12(d) of the National not restrict a person’s ability to provide adopted on September 8, 2016, effective Technology Transfer and Advancement for an appropriate designation of on September 13, 2016; and Opinion Act of 1995 (15 U.S.C. 272 note) because responsibility. FRA proposes extending and Order of the Board (PCB 16–112) the stay of the SSP final rule’s adopted on November 17, 2016, application of those requirements would be inconsistent with the CAA; and requirements to allow FRA time to effective on December 19, 2016 and review and address any comments on • Does not provide EPA with the subsequently amended on August 17, this NPRM. FRA also proposes to amend discretionary authority to address, as 2017. EPA has made, and will continue the SSP rule to adjust the rule’s appropriate, disproportionate human to make, these documents generally compliance dates to account for FRA’s health or environmental effects, using available through www.regulations.gov, prior stay of the rule’s effect and to practicable and legally permissible and at the EPA Region 5 Office (please apply the rule’s information protections methods, under Executive Order 12898 contact the person identified in the FOR to the Confidential Close Call Reporting (59 FR 7629, February 16, 1994). FURTHER INFORMATION CONTACT section of System (C3RS) program included in a this preamble for more information). In addition, the SIP is not approved railroad’s SSP. FRA is expressly to apply on any Indian reservation land VI. Statutory and Executive Order providing notice of possible conforming or in any other area where EPA or an Reviews amendments to a Risk Reduction Indian tribe has demonstrated that a Program (RRP) final rule that would Under the CAA, the Administrator is tribe has jurisdiction. In those areas of ensure that the RRP and SSP rules have required to approve a SIP submission Indian country, the rule does not have essentially identical consultation and that complies with the provisions of the tribal implications and will not impose information protection provisions. CAA and applicable Federal regulations. substantial direct costs on tribal DATES: Written comments on this 42 U.S.C. 7410(k); 40 CFR 52.02(a). governments or preempt tribal law as proposed rule must be received on or Thus, in reviewing SIP submissions, specified by Executive Order 13175 (65 before August 12, 2019. Comments EPA’s role is to approve state choices, FR 67249, November 9, 2000). provided that they meet the criteria of received after that date will be the CAA. Accordingly, this action List of Subjects in 40 CFR Part 52 considered to the extent possible without incurring additional expense or merely approves state law as meeting Environmental protection, Air delay. Federal requirements and does not pollution control, Incorporation by impose additional requirements beyond reference, Sulfur oxides. ADDRESSES: Comments related to Docket those imposed by state law. For that No. FRA–2011–0060 may be submitted Dated: June 3, 2019. reason, this action: by any of the following methods: • Is not a ‘‘significant regulatory Cheryl L. Newton, • Federal eRulemaking Portal: Go to action’’ subject to review by the Office Acting Regional Administrator, Region 5. http://www.regulations.gov and follow of Management and Budget under [FR Doc. 2019–12412 Filed 6–11–19; 8:45 am] the online instructions for submitting Executive Orders 12866 (58 FR 51735, BILLING CODE 6560–50–P comments;

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27216 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

• Mail: Docket Management Facility, III. Summary of State Petitions Petition); (3) North Carolina Department U.S. Department of Transportation, 1200 A. Requested Revisions of Transportation (NCDOT) filed a New Jersey Avenue SE, Room W12–140, i. Requested Revisions to Section 270.3, separate petition; and (4) Vermont Washington, DC 20590; Applicability Agency of Transportation (VAOT) filed • Hand Delivery: The Docket ii. Requested Changes to Section 270.5, a separate petition. The Joint, NCDOT, Definitions, Railroad Management Facility is located in Room iii. Requested Changes to Section and VAOT petitions are hereinafter W12–140, West Building Ground Floor, 270.107(a)(2), Consultation referred to as the ‘‘State Petitions.’’ U.S. Department of Transportation, 1200 Requirements, General Duty Massachusetts Department of New Jersey Avenue SE, Washington, DC B. State Petitions Arguments Transportation filed a comment in 20590, and open between 9 a.m. and 5 i. Substantial Burden Arguments support of the Joint Petition on p.m., Monday through Friday, except ii. Statutory Authority Arguments November 15, 2016. Three other Federal holidays; or iii. Scope of NPRM individual comments were filed, but • Fax: 202–493–2251. iv. Guidance Argument relate to the rule generally, not the Instructions: All submissions received IV. Summary of FRA’s Response to the State petitions. must include the agency name and Petitions On February 10, 2017, FRA stayed the A. Substantial Burdens SSP final rule’s requirements until docket number or Regulatory B. Statutory Authority Identification Number (RIN) for this C. Scope of NPRM March 21, 2017, consistent with the new rulemaking. All comments received will D. Guidance Administration’s guidance issued be posted without change to http:// V. FRA’s Proposed Amendments in Response January 20, 2017, intended to provide www.regulations.gov; this includes any to the State Petitions the Administration an adequate personal information. Please see the VI. Other Proposed Revisions opportunity to review new and pending Privacy Act heading in the VII. Conforming Amendments to an RRP regulations. See 82 FR 10443 (Feb. 13, SUPPLEMENTARY INFORMATION section of Final Rule 2017). FRA’s review also included the this document for Privacy Act VIII. Section-by-Section Analysis Petitions. To provide additional time for IX. Regulatory Impact and Notices information related to any submitted that review, FRA extended the stay until A. Executive Order 12866 and DOT May 22, 2017; June 5, 2017; December comments or materials. Regulatory Policies and Procedures Docket: For access to the docket to B. Regulatory Flexibility Act and Executive 4, 2017; December 4, 2018; and then read background documents, petitions Order 13272 September 4, 2019. See 83 FR 63106 for reconsideration, or comments C. Paperwork Reduction Act (Dec. 7, 2018). FRA proposes to further received, go to http:// D. Environmental Impact extend the stay to allow FRA time to www.regulations.gov and follow the E. Federalism Implications review any comments on this NPRM online instructions for accessing the F. Unfunded Mandates Reform Act of 1995 and issue a final rule in this proceeding. docket or visit the Docket Management G. Energy Impact FRA specifically requests public H. Privacy Act Statement Facility, U.S. Department of comment on a possible stay extension. Transportation, 1200 New Jersey I. Background On October 30, 2017, FRA met with the Passenger Safety Working Group and Avenue SE, Room W12–140, On August 12, 2016, FRA published Washington, DC 20590. the System Safety Task Group of the a final rule requiring each commuter Railroad Safety Advisory Committee FOR FURTHER INFORMATION CONTACT: and intercity passenger railroad to (RSAC) to discuss the Petitions and Robert Adduci, Senior System Safety develop and implement an SSP. See 81 comment received in response to the Engineer, U.S. Department of FR 53850 (Aug. 12, 2016). This final Petitions.3 See FRA–2011–0060–0046. Transportation, Federal Railroad rule was required by section 103 of the This meeting allowed FRA to receive Administration, Office of Railroad Rail Safety Improvement Act of 2008 input from industry and the public and Safety, Passenger Rail Division; (RSIA) (Pub. L. 110–432, Div. A, 122 to discuss potential paths forward to telephone: 781–447–0017; email: Stat. 4883 (Oct. 16, 2008)), codified at respond to the Petitions. During the [email protected]; Larry Day, 49 U.S.C. 20156). The Secretary of meeting, FRA made an introductory Passenger Rail Safety Specialist, U.S. Transportation delegated the authority presentation and invited discussion on Department of Transportation, Federal to conduct this rulemaking and the issues raised by the Labor Petition. Railroad Administration, Office of implement the rule to the Federal FRA also presented for discussion draft Railroad Safety, Passenger Rail Division; Railroad Administrator. See 49 CFR rule text that would respond to the State telephone: 909–782–0613; email: 1.89(b). [email protected]; or Elizabeth A. On October 3, 2016, FRA received Department of Transportation (INDOT); Northern Gross, Attorney Adviser, U.S. four petitions for reconsideration New England Passenger Rail Authority (NNEPRA); Department of Transportation, Federal (Petitions) of the final rule: (1) Certain and San Joaquin Joint Powers Authority (SJJPA). Railroad Administration, Office of Chief 3 Attendees at the October 30, 2017, meeting labor organizations (Labor included representatives from the following Counsel; telephone: 202–493–1342; 1 Organizations) filed a joint petition organizations: ADS System Safety Consulting, LLC; email: [email protected]. (Labor Petition); (2) certain State and American Association of State Highway and SUPPLEMENTARY INFORMATION: local transportation departments and Transportation Officials; American Public authorities 2 filed a joint petition (Joint Transportation Association; American Short Line Table of Contents for Supplementary and Regional Railroad Association; ATDA; Information Association of American Railroads (AAR); BLET; 1 The Labor Organizations in the Labor Petition BMWED; BRS; CCJPA; The Fertilizer Institute; I. Background are the: American Train Dispatchers Association Gannett Fleming Transit and Rail Systems; II. Summary of Labor Petition and FRA’s (ADTA); Brotherhood of Locomotive Engineers and International Brotherhood of Electrical Workers; Response to Labor Petition Trainmen (BLET); Brotherhood of Maintenance of Metropolitan Transportation Authority; National A. Labor Petition—General Chairperson Way Employes Division (BMWED); Brotherhood of Railroad Passenger Corporation (Amtrak); National Railroad Signalmen (BRS); Brotherhood Railway B. FRA’s Response—General Chairperson Transportation Safety Board; NCDOT; NNEPRA; Carmen Division; and Transport Workers Union of San Joaquin Regional Rail Commission/Altamont C. Labor Petition—Statements From America. Corridor Express; Sheet Metal, Air, Rail, and Directly Affected Employees 2 The State and local transportation departments Transportation Workers; and United States D. FRA’s Response—Statements From and authorities in the Joint Petition are the: Capitol Department of Transportation—Transportation Directly Affected Employees Corridor Joint Powers Authority (CCJPA); Indiana Safety Institute.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27217

Petitions by amending the SSP final rule employees. Paragraph (b)(3) specifies a of the employees affected when to include a delegation provision that railroad’s consultation statement 5 must notification of labor unions is required. would allow a railroad that contracts all include a service list containing the In response to AAR’s concerns, FRA activities related to its passenger service name and contact information for each decided not to require notification of a to another person to designate that international/national president of any general chairperson in the final rule. See person as responsible for compliance non-profit employee labor organization 81 FR 53886 (Aug. 12, 2016). with the SSP final rule. FRA uploaded representing a class or craft of the B. FRA’s Response—General this proposed draft rule text to the railroad’s directly affected employees.6 Chairperson docket for this rulemaking. See FRA– When a railroad submits its SSP plan 2011–0060–0045. The draft rule text and consultation statement to FRA Upon reconsideration, FRA believes it specified that any such designation did under § 270.201, it must simultaneously is consistent with the intent of the not relieve a railroad of legal send a copy of these documents to all consultation requirements to add the responsibility for compliance with the individuals identified in the service list. general chairperson of a non-profit SSP final rule. In response to the draft The Labor Petition requested FRA employee labor organization as the rule text, the State Petitioners indicated amend paragraph (b)(3) to add that the point of contact for directly affected they would need an extended caucus to service list must also contain the name employees represented by that non- discuss. On March 16, 2018, the and contact information for the general profit employee labor organization. Executive Committee of the States for chairperson of any non-profit employee Adding the general chairpersons for the Passenger Rail Coalition (SPRC) 4 labor organization representing directly non-profit employee labor organizations provided and FRA uploaded to the affected employees. on a railroad property will ensure the rulemaking docket proposed revisions In support of those requested directly affected employees receive SSP to the draft rule text. See FRA–2011– amendments, the Labor Petition asserts information effectively and efficiently 0060–0050. FRA has reviewed and a general chairperson is the appropriate because these chairpersons often are the considered these suggested revisions in contact for consultation purposes labor representatives that work directly formulating the proposals in this NPRM. because he or she is the duly accredited with the represented employees at the As discussed in detail below, this representative of the craft or class of railroad. As discussed further in the NPRM proposes revisions to the SSP employees represented by the non-profit section-by-section analysis, FRA is final rule that respond to the Petitions. employee labor organization. See Labor therefore proposing amendments to FRA is also proposing to adjust the Pet. at 3–4. According to the Labor § 270.107 that would clarify a general rule’s compliance dates to account for Petition, there are already well-known chairperson is the railroad’s primary FRA’s stay of the rule’s effect and to and well-established procedures and contact for the consultation process specify that the rule’s information points of contact between labor with the directly affected employees protections apply to C3RS programs organizations and railroads, and the SSP represented by a non-profit employee included in a railroad’s SSP. consultation is a property-specific labor organization and must be included matter that a railroad must address in the consultation statement service II. Summary of Labor Petition and list. These proposed amendments would FRA’s Response to Labor Petition directly with a general chairperson. Id. The SSP NPRM proposed a grant this part of the Labor Petition. Under § 270.107, a railroad must requirement similar to the Labor To alleviate AAR’s concern that FRA consult in good faith and use its best Petition requests. See 77 FR 55383 and could consider a railroad’s inadvertent efforts to reach agreement with its 55403 (Nov. 26, 2012). In response, AAR failure to serve a general chairperson as directly affected employees on the commented, opposing the proposed not using ‘‘best efforts’’ in the contents of its SSP plan. The Labor language and requesting the service list consultation process, FRA also proposes Petition requested several amendments be limited to the international/national including an alternative point of to this section regarding the president of the labor organization. AAR contact. Under FRA’s proposal, a non- consultation process. In response, FRA asserted it would be burdensome to profit employee labor organization’s is proposing several amendments that serve the general chairperson for each point of contact could be a person the would grant in part or deny in part the non-profit employee labor organization railroad and non-profit employee labor Labor Petition. on the railroad and that a railroad’s organization agree on at the beginning of A. Labor Petition—General Chairperson inadvertent failure to serve a general the consultation process. FRA would consider serving any agreed-upon points The Labor Petition requested that FRA chairperson could be considered not using ‘‘best efforts’’ in the consultation of contact ‘‘best efforts’’ as it applies to make two amendments to § 270.107 proper notification of non-profit related to the points of contact for the process and lead to FRA not approving the railroad’s plan. AAR also pointed to employee labor organizations. Unless consultation process. Paragraph (a)(3) agreed otherwise, however, the primary specifies a railroad must hold a the Surface Transportation Board’s regulations, which require giving notice point of contact would remain a general preliminary meeting with its directly chairperson. affected employees to discuss how the to the national office of the labor unions consultation will proceed. The Labor C. Labor Petition—Statements From Petition requested FRA amend this 5 Under § 270.107(b)(1) and (2), a railroad must Directly Affected Employees submit a consultation statement to FRA (along with paragraph to add that the primary point its SSP plan) describing the railroad’s process for Under § 270.107(c)(1), if a railroad of contact shall be the ‘‘general consulting with its directly affected employees. If and its directly affected employees do chairperson’’ of any non-profit the railroad was unable to reach consensus with its not reach agreement on the contents of employee labor organization employees on the contents of its SSP plan, the consultation statement must identify any known the railroad’s SSP plan, directly affected representing directly affected areas of disagreement and explain why agreement employees may file a statement with was not reached. FRA explaining their views on the 4 SPRC’s website indicates it is an ‘‘alliance of 6 The service list must also contain the name and portions of the plan on which agreement State and Regional Transportation Officials,’’ and contact information for any directly affected each State Petitioner appears to be an SPRC employee who significantly participated in the was not reached. Under § 270.107(c)(2), member. See https://www.s4prc.org/state-programs consultation process independent of a non-profit directly affected employees have 30 (last accessed Sept. 20, 2018). employee labor organization. days following the date the railroad

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27218 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

submits its SSP plan and consultation amendments would involve three contracting out the operation of the statement to FRA to file their own sections of the final rule—§§ 270.3, railroad to another person, and any form statement. 270.5, and 270.107(a)(3)—as discussed of non-highway ground transportation The Labor Petition requests FRA below. that runs on rails or electromagnetic amend § 270.107(c)(2) to provide guideways, but excludes urban rapid directly affected employees 60 days to i. Requested Revisions to Section 270.3, transit not connected to the general file a statement rather than 30 days. See Applicability system. Labor Pet. at 4. Section 270.3 establishes the The State Petitions request FRA amend this ‘‘railroad’’ definition to D. FRA’s Response—Statements From applicability of the final rule. Paragraph remove States that contract operation of Directly Affected Employees (a) specifies that, except as provided in paragraph (b), part 270 applies to all: (1) the railroad to another person, i.e., While the NPRM proposed to provide Railroads that operate intercity or limiting the definition to ‘‘a person or directly affected employees 60 days to commuter passenger train service on the organization that provides railroad file such a statement, FRA explained in general railroad system of transportation transportation.’’ Joint Pet. at 2, NCDOT the final rule why it believes the 30 days (general system); and (2) railroads that Pet. at 2, and VAOT Pet. at 4. provided is sufficient. See 81 FR 53886 provide commuter or other short-haul Alternatively, the Joint Petition asks (Aug. 12, 2016). Section 270.107(b)(3) passenger train service in a metropolitan FRA to provide a formal mechanism for ensures a railroad simultaneously or suburban area (as described by 49 State providers of IPR service to provides FRA and directly affected U.S.C. 20102(2)), including public delegate regulatory responsibility under employees its SSP plan and authorities operating passenger train the final rule. See Joint Pet. at 2. consultation statement, as the Labor service. Paragraph (b) states the final iii. Requested Changes to Section Organizations requested in their rule does not apply to: (1) Rapid transit comments on the NPRM. Id. Moreover, 270.107(a)(2), Consultation operations in an urban area that are not Requirements, General Duty under § 270.201(b), FRA will review an connected to the general system; (2) SSP plan within 90 days of receipt. If tourist, scenic, historic, or excursion In the final rule, FRA clarified that if the directly affected employees had up operations, whether on or off the general a railroad contracts out significant to 60 days to submit a statement, FRA system; (3) operation of private cars, portions of its operations, the contractor could be left with only 30 days to including business/office cars and and the contractor’s employees consider the directly affected circus trains; or (4) railroads that performing the railroad’s operations employees’ views when reviewing the operate only on track inside an shall be considered ‘‘directly affected SSP plan. Thirty days is not enough installation that is not part of the employees’’ for the purposes of part 270. time to ensure FRA sufficiently general system (i.e., plant railroads, as FRA provided this clarification of the addresses the directly affected defined in § 270.5). meaning of ‘‘directly affected employees’ views. NCDOT and VAOT request FRA employees’’ to make more explicit how The Labor Petition does not provide amend § 270.3 to add paragraphs (b)(5) the consultation process will be handled any additional justification to extend when a railroad contracts out significant this deadline. Therefore, FRA is not through (7) that would exempt: (5) States, State agencies and portions of its operations to other proposing to extend the deadline, for entities. See 81 FR 53883 (Aug. 12, the reasons explained above and in the instrumentalities, and political subdivisions of States that own (but do 2016). final rule. See 81 FR 53886. FRA’s The Joint Petition requests FRA not operate) railroads; (6) States, State position would deny this part of the amend this section to remove the agencies and instrumentalities, and Labor Petition. requirement that a railroad consult with political subdivisions of States that own contractors performing significant III. Summary of State Petitions (but do not operate) railroad equipment; portions of the railroad’s operations. See or (7) States, State agencies and A. Requested Revisions Joint Pet. at 2. instrumentalities, and political Generally, the State Petitions request subdivisions of States that provide B. State Petitions Arguments FRA amend the SSP final rule to clarify financial support for (but do not 7 The State Petitions set forth multiple it does not apply to States that operate) intercity passenger rail service. ‘‘sponsor’’ 8 IPR service. These arguments for their requested changes to See NCDOT Pet. at 2 and VAOT Pet. at the final rule. To summarize, FRA 3. 7 As used in this NPRM, ‘‘State’’ refers generally divides these arguments into four to any State agency or authority, including: A State ii. Requested Changes to Section 270.5, categories: (1) The SSP final rule places department of transportation or analogous Definitions, Railroad a substantial burden on States, which governmental agency or authority; a regional or FRA did not consider; (2) FRA exceeded local governmental agency or authority whether or FRA based the § 270.5 definition of its statutory authority in requiring States not directly funded or overseen by a State ‘‘railroad’’ on 49 U.S.C. 20102(2) and (including, e.g., a joint powers authority where 9 to comply with the SSP final rule; (3) counties or localities jointly sponsor a passenger (3). The definition encompasses any the SSP final rule exceeded the scope of rail service, yet the State itself is not directly person providing railroad transportation the NPRM when clarifying that, if a involved); or a public benefit corporation chartered directly or indirectly, including a rail railroad contracts out significant by a State, regional, or local government. authority that owns the railroad and 8 portions of its operations, employees of There is currently no statutory or regulatory provides railroad transportation by definition of the term ‘‘sponsor’’ in relation to IPR a contractor are considered directly service. The Joint Petition appears to understand affected employees; and (4) FRA must ‘‘sponsor’’ as being a State that ‘‘provide[s] financial defining ‘‘State sponsor’’ as ‘‘a State, regional or support’’ for IPR routes and ‘‘contract[s] for the local authority, that contracts with a railroad to amend the SSP final rule to reconcile it operation of IPR.’’ See Joint Pet. at 2, fn. 2. The provide intercity passenger railroad transportation with FRA guidance. While FRA briefly NCDOT petition defines ‘‘sponsors’’ as ‘‘State or pursuant to Section 209 of the Passenger Rail summarizes these arguments below, other public entities that own railroads, equipment Investment and Improvement Act of 2008, as FRA refers readers interested in greater or that financially sponsor intercity passenger rail amended.’’ See Comments of the SPRC at 2. service.’’ NCDOT Pet. at 3. In its proposed revisions 9 The NPRM and final rule erroneously refer to 49 specificity to the State Petitions in the to the strawman text FRA presented during the U.S.C. 20102(1) and (2). See 77 FR 55381 and 81 docket for this rulemaking. See October 2017 RSAC meeting, SPRC suggested FR 53863. generally FRA–2011–0060.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27219

i. Substantial Burden Arguments defined by statute, and, therefore, the FRA–2011–0020–0028 (emphasis The State Petitions assert FRA did not SSP mandate in the RSIA does not added). This passage does not define the properly consider the costs and burdens apply to it. See VAOT Pet. at 8–10. scope of the RIA’s cost analysis, but the final rule would impose on States VAOT further argues it does not have describes FRA’s process of identifying that provide IPR service. Specifically, authority to implement an SSP. Id. at 9. which passenger railroads affected by the SSP rules are small entities under the State Petitions argue: iii. Scope of NPRM • The Regulatory Impact Analysis the RFA. The States’ argument therefore The Joint Petition argues the SSP final (RIA) 10 for the SSP final rule referenced inappropriately applies FRA’s limited rule’s extension of the consultation only two intercity passenger railroads, RFA discussion to the RIA’s broader requirement to contractors and Amtrak and the Alaska Railroad cost analysis, without otherwise contractors’ employees was not Corporation (ARC), indicating the final providing evidence that the cost proposed in the NPRM, was not a rule did not appropriately consider analysis improperly calculated costs. logical outgrowth of the proposal, Further, although FRA’s analysis States that provide IPR service as imposes burdens on current operating describes Amtrak and ARC as IPR railroads and, therefore, did not agreements, and substantially alters the railroads, it does not state that Amtrak consider costs for other States that nature of the independent contractor and ARC are the only IPR railroads. In provide IPR service; and relationship. See Joint Pet. at 16–21. fact, the final rule’s RFA analysis • The SSP final rule imposes expressly noted the vast majority of substantial burdens on State providers iv. Guidance Argument State providers of IPR service would fall of IPR service without improving safety. Finally, the Joint and NCDOT under Amtrak’s SSP. See 81 FR 53892, ii. Statutory Authority Arguments Petitions assert FRA must amend the n. 14. This is because most States final rule to reconcile it with the contract with Amtrak to provide IPR The State Petitions claim Congress Guidance on Safety Oversight and did not intend the final rule to apply to service, which was true at the time of Enforcement Principles for State- final rule publication and remains true States that ‘‘sponsor,’’ but do not Sponsored Intercity Passenger Rail operate, IPR service, and FRA exceeded today. Operations (Guidance), which FRA Regardless, the States’ assertion that its statutory authority in doing so. State informally provided to the States on FRA did not consider the costs for State Petitioners argue requiring ‘‘State August 11, 2016. See Joint Pet. at 12–16 sponsors of IPR service is incorrect. sponsors’’ of IPR service to develop and and NCDOT at 6 and 16. Because most States contract with implement an SSP exceeds FRA’s Amtrak to provide IPR service, as noted authority under the RSIA, and is IV. Summary of FRA’s Response to the above, the typical IPR service is an inconsistent with Congress’ intent in State Petitions Amtrak-scheduled service using enacting section 209 of the Passenger For the reasons discussed below, FRA equipment Amtrak operates and Rail Investment and Improvement Act generally disagrees with the arguments maintains. In fact, for all State- of 2008 (PRIIA) (Pub. L. 110–432, Div. supporting the State Petitions. sponsored IPR service FRA is aware of, B (Oct. 16, 2008)). See Joint Pet. at 9.11 The Joint Petition argues Congress did A. Substantial Burdens Amtrak is the contractor operator. The RIA therefore attributed the costs of not separately define ‘‘rail carrier’’ for FRA disagrees with the States and implementing the SSP rule for current purposes of the SSP mandate in the believes that it properly considered the IPR service to Amtrak (consistent with RSIA and that States ‘‘sponsoring’’ IPR costs and burdens of the final rule on FRA’s past rulemaking practice),12 on service do not fall under the general States that provide IPR service. statutory definition in 49 U.S.C. Regarding the States’ argument that the assumption that Amtrak would 20102(3) of a ‘‘railroad carrier’’ as a the RIA’s mention of only Amtrak and implement SSPs on behalf of State ‘‘person providing railroad ARC IPR service indicates FRA did not sponsors of IPR service as part of transportation.’’ Id. The Joint Petition appropriately consider costs for State Amtrak’s integrated national system. asserts FRA impermissibly expanded sponsors of IPR service, FRA believes See 81 FR 53892, n. 14. Further, FRA the definition of ‘‘rail carrier,’’ and that the States mischaracterize the following believes the RIA captured any costs for there is no evidence Congress intended passage: future State-sponsored IPR service using operators other than Amtrak by States to directly assume responsibility FRA determined there will be only two for the safety of such routes’ operations. estimating there would be one new passenger railroads affected by the SSP rule startup IPR service or commuter railroad See id. at 10. as small entities. In applying the guidelines Separately, VAOT contends State of the Regulatory Flexibility Act (RFA), FRA in Years 2 and 3 of the analysis and one ownership of railroad property or includes most Class III railroads impacted by new startup every other year thereafter. financial support for Amtrak services a rule as a small business. In further defining See 81 FR 53852. For these reasons, does not make it a ‘‘railroad carrier’’ as the types of entities qualifying as small FRA believes the RIA properly businesses, RFA guidelines state that if the accounted for the costs associated with

10 entity is a part of/or agent of governments of State-sponsored IPR service, even See FRA–2011–0060–0029. cities, counties, towns, townships, villages, 11 though those costs were attributed to Section 209 of PRIIA requires that the Amtrak or special districts serving a population of Board of Directors, in consultation with the Amtrak rather than specific State Secretary of Transportation, the governors of each more than 50,000 they would not be sponsors. relevant State, and the Mayor of the District of classified as a small business. Essentially all Moreover, the plain intent of the Columbia, or entities representing those officials, railroads subject to this rule, except the two develop and implement a single, nationwide FRA classified as small businesses (Saratoga regulatory language clearly indicated standardized methodology for establishing and & North Creek Railway (SNC) and the allocating the operating and capital costs of Hawkeye Express, operated by the Iowa 12 See Passenger Equipment Safety Standards, providing IPR service among the States and Amtrak Northern Railway Company (IANR)), are final rule, 64 FR 25560, 25654 (May 12, 1999) (‘‘The for the trains operated on designated high-speed rail either a governmental-related transportation [regulatory] evaluation . . . takes into consideration corridors (outside the Northeast Corridor), short- that individual States will contract with Amtrak for distance corridors, or routes of not more than 750 agency serving population areas of 50,000 or the provision of rail service on their behalf. In this miles, and services operated at the request of a more and or an intercity service provider regard, for example, a State may utilize Amtrak’s State, a regional or local authority, or another (National Railroad Passenger Corporation inspection forces trained under the rule, and thus person. (Amtrak) and Alaska Railroad)). [. . .] not have to train inspection forces on its own.’’).

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27220 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

the rule would apply to States providing retirement requirements. See Joint Pet. mandated by the RSIA to issue an SSP IPR service. Both the proposed and final at 4–9.13 rule that specifically applies to SSP rule contain the same applicability The first two burdens the States allege providers of IPR service.16 There is no section and definition for ‘‘railroad.’’ relate to burdens the rule does not basis for disregarding a statutory See 77 FR 55402–03 (Sept. 7, 2012) and mandate, as the rule does not require mandate because another agency might 81 FR 53896–97 (Aug. 12, 2016). States to hire additional technical or use it to apply an unrelated statute. This Specifically, in both the proposed and human resources personnel. Further, rule would also not apply any final rule, § 270.5 defines ‘‘railroad’’ as this NPRM proposes amendments that additional hook for applying other laws ‘‘[a] person or organization that provides would clarify that the rule does not to States providing IPR than is already railroad transportation, whether directly restrict the ability to designate another present through States’ compliance with or by contracting out operation of the entity to fulfill the States’ FRA’s Passenger Train Emergency railroad to another person,’’ and responsibilities under the rule. FRA Preparedness and Passenger Equipment § 270.3(a)(1) unambiguously states the discusses delegation of SSP Safety Standards rules. responsibility more fully below when rule applies to ‘‘[r]ailroads that operate B. Statutory Authority intercity or commuter passenger train discussing the revisions proposed in service on the general railroad system of this NPRM in response to the State FRA disagrees with the State Petitions transportation . . . .’’ These provisions Petitions. that applying the SSP final rule to indicate FRA intended the rule to apply Further, the States’ claim that they ‘‘State sponsors’’ of IPR service goes to providers of IPR service, including may have to discontinue IPR service due beyond FRA’s statutory authority. First, ‘‘State sponsors’’ of IPR service. Further, to the rule’s costs is unsubstantiated. by the plain language of the RSIA at no point in the rulemaking process FRA notes that States providing IPR mandate, the law applies to ‘‘each did FRA indicate it intended to exempt service have always had to comply with railroad carrier that is a Class I railroad, States providing IPR service from the FRA safety regulations to ensure the a railroad carrier that has inadequate rule. safety of their passengers, and the States safety performance (as determined by Second, the RIA carefully analyzed have done so successfully. For example, the Secretary), or a railroad carrier that the potential costs and burdens of the the application of the rule is essentially provides intercity rail passenger or SSP final rule. See generally FRA–2011– the same as FRA’s Passenger Train commuter rail passenger transportation 0060–0029. Ultimately, the RIA Emergency Preparedness and Passenger . . . .’’ 49 U.S.C. 20156(a)(1). A 14 concluded the SSP final rule’s costs Equipment Safety Standards rules, ‘‘railroad carrier’’ is also statutorily defined as ‘‘a person providing railroad were justified by the safety benefits, and both issued almost two decades ago and transportation.’’ 49 U.S.C. 20102(3). nothing in the State Petitions indicates implicating the same concerns the FRA believes ‘‘State sponsors’’ of IPR the RIA improperly estimated costs or States now raise. Because States have service meet the definition of a person benefits. Id. at 3. been complying with their providing railroad transportation. Further, while the State Petitions responsibilities under these and other Although there is no official definition allege substantial and undetermined statutorily-based rules, their assertion for the term ‘‘State sponsors,’’ FRA burdens, these burdens were either that the SSP rule somehow will prevent generally understands that ‘‘State considered by FRA in the RIA or are not their ability to provide IPR service is not 15 sponsors’’ provide financial support for mandated by the SSP final rule. The persuasive. Regarding the States’ claim that IPR service, contract for that service, Joint Petition claims the final rule implementing the final rule will incur and, in some cases, provide safety would impose the following burdens: costs associated with renegotiating oversight. See Joint Pet. at 2, fn. 2; and (1) State providers do not employ contracts, FRA notes that the rule itself NCDOT Pet. at 13.17 FRA believes each qualified railroad personnel with the does not require contract renegotiation. of these activities for IPR service that detailed technical knowledge to Rather, to the extent any such costs States ‘‘sponsor’’ constitutes providing develop, implement, and oversee would be incurred, they would result railroad transportation. Congress did not compliance with an SSP and would from the States’ own decisions on how exclude ‘‘State sponsors’’ in the have to hire such individuals; (2) State to provide IPR service, and not a definition of a person providing railroad providers would face considerable requirement of the rule. transportation, and nothing in the RSIA challenges in augmenting existing Finally, FRA disagrees with the States legislative history indicates Congress human resources before the that being subject to the SSP rule will intended to exempt States that responsibilities imposed by the final open them up to application of other ‘‘sponsor’’ or otherwise provide IPR rule could be fulfilled; (3) implementing statutes. To the extent another agency service from the SSP rule. There is the final rule will likely require State might argue that labor, tax, or other therefore no statutory basis for deviating providers to renegotiate their existing statutes apply to the States based on the from either the plain language of the operating agreements with Amtrak and application of this rule, the challenge RSIA or the definition of ‘‘railroad other contractors to ensure the would be to that agency’s statute, not carrier,’’ both of which encompass exchanges of information the rule the SSP rule. Further, FRA was States that ‘‘sponsor’’ or otherwise requires and to implement required provide IPR service. consultation procedures; (4) State 13 NCDOT’s and VAOT’s petitions assert similar Second, passenger rail operations providers may have to discontinue IPR arguments regarding the rule’s costs and burdens have always been subject to FRA’s service due to the costs imposed by the and FRA’s alleged failure to consider them. safety jurisdiction. See 49 CFR part 209, 14 final rule, and if they discontinue See 63 FR 24630 (May 4, 1998) and 64 FR app. A. FRA has exercised jurisdiction service, FRA may require States to repay 25560 (May 12, 1999). 15 The vast majority of states that provide IPR over all passenger operations for grants/loans; and (5) the final rule’s service comply with FRA’s Passenger Train decades under the Federal Railroad definition of ‘‘railroad’’ potentially Emergency Preparedness regulations by having Safety Act of 1970, and the 1982, 1988, opens the door to attempts to make Amtrak prepare and implement the required and 2008 amendments to that act. See States that provide IPR service emergency preparedness plans on their behalf. FRA does not require the States to duplicate the efforts responsible for other statutory of the entities that prepare and implement SSP 16 See 49 U.S.C. 20156(a)(1)(A). obligations, including railway labor and plans on their behalf. 17 See supra footnote 8.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27221

Federal Railroad Safety Act of 1970 explained in the NPRM and final rule, new requirements, and States were (Pub. L. 91–458, 84 Stat. 971, enacted and earlier notably in the Passenger given sufficient notice that FRA Oct. 16, 1970); Federal Railroad Safety Equipment Safety Standards intended to apply the consultation Authorization Act of 1982 (Pub. L. 97– rulemaking,20 each entity involved in requirements to them. 468, 96 Stat. 2579, enacted Jan. 14, providing passenger rail service— 1983); Rail Safety Improvement Act of including ‘‘State sponsors’’—is D. Guidance responsible for complying with Federal 1988 (Pub. L. 100–342, 102 Stat. 624, Finally, the Guidance document FRA enacted June 22, 1988); and Rail Safety rail safety requirements.21 See also 77 FR informally provided to the States is not Improvement Act of 2008 (Pub. L. 110– 55380–82 (Sept. 7, 2012) and 81 FR an extension or an explanation of the 432, 122 Stat. 4883, Div. A, enacted Oct. 53861, 53864 (Aug. 12, 2016). Overall, SSP final rule. Rather, the Guidance 16, 2008). FRA has previously explained FRA believes compliance with the SSP in a rulemaking proceeding that public final rule does not differ from addressed how FRA regulations authorities may act in a private capacity compliance with FRA’s other generally apply to States that provide to provide rail service and that, in doing regulations that may apply to IPR IPR service, merely used the SSP final so, public authorities have the same service providers, e.g., 49 CFR parts 213, rule as an example, and is unrelated to powers and obligations for purposes of 238 and 239. the SSP rulemaking. rail safety as similarly-situated private C. Scope of NPRM V. FRA’s Proposed Amendments in actors. See 75 FR 1180, 1211–12 (Jan. 8, Response to the State Petitions 2010). FRA also believes that clarifying the The SSP final rule neither expands consultation process requirements in Although FRA generally disagrees the final rule falls within the scope of FRA’s jurisdiction nor requires States to with the State Petitions for the reasons the NPRM. Section 270.107(a)(2) incur additional costs to contract for discussed above, FRA nevertheless clarifies that if a railroad contracts out such services. Historically, this has not proposes to amend the final rule in been an issue because FRA has typically significant portions of its operations, the contractor and the contractor’s response to the petitions. The proposed looked to Amtrak with respect to amendments would clarify that while enforcement and application of Federal employees performing the railroad’s operations will be considered directly all persons providing IPR or commuter rail safety requirements for IPR service. rail passenger transportation share However, Congress’ enactment of PRIIA affected employees for the purposes of the SSP final rule. This language is responsibility for ensuring compliance section 209 has led to several important with the SSP final rule, the rule does changes to the nature of the relationship consistent with the NPRM, and the final not restrict a person’s ability to provide between Amtrak and State departments rule simply further explained the for an appropriate designation of of transportation (or other public requirements proposed in the NPRM. authorities) that provide funding for, The rule text and preamble of the NPRM responsibility. The proposed and oversight of, IPR service. Beginning made it clear that entities providing amendments would also explain that in fiscal year 2014, section 209 of PRIIA railroad transportation, such as States any such designation must be included required all applicable States to provide that provide IPR service, would be in the SSP plan, although a person may funding to Amtrak for passenger rail treated as railroads and are required to also notify FRA of a designation by services along certain corridors using a comply with the rule. The NPRM also submitting a notice of such designation consistent nationwide methodology.18 proposed that railroads would be before submitting the SSP plan. Further, As a result, some States have become required to consult with directly the proposed amendments would more active in funding, managing, affected employees on the contents of establish requirements for describing organizing, performing, or contracting the SSP plan, a requirement directly the designation in an SSP plan. The their passenger rail services. With from the RSIA. See 77 FR 55403 and 49 section-by-section analysis discusses respect to some operations, this has U.S.C. 20156(g). Therefore, the NPRM these proposed amendments in detail increased the State’s role in making put States on notice that: (1) They will below. FRA believes the proposed substantive operational and safety- be treated like railroads under the SSP amendments would clarify the States’ rule for providing railroad related decisions, including selecting ability to have another entity fulfill the transportation, even if they contract out contractors to perform such services. States’ responsibilities under the SSP operations; and (2) railroads will be However, the fact that States choose to final rule. If another entity performs SSP required to consult with directly contract out certain services based on functions on a State’s behalf, FRA section 209 of PRIIA does not absolve affected employees. Consistent with the NPRM, the final rule went on to clarify would not expect a State to duplicate the States from safety responsibility or that work and effort. remove them from FRA safety who will be considered directly affected jurisdiction. employees for railroads that contract out The proposed amendments also As noted above, FRA has a long significant portions of their operations. specify that a person designating history of applying its safety regulations Section 270.107(a)(2) did not add any responsibility would remain responsible to State providers of passenger rail for ensuring compliance with the SSP service. See generally 49 CFR parts 213, subcontractor may operate the trains along the final rule. As explained in the SSP final route; another subcontractor may maintain the train rule, it would be inconsistent with 238 and 239. It is not uncommon for equipment; and another entity may own the track. multiple entities to be involved in 20 Passenger Equipment Safety Standards, final FRA’s statutory jurisdiction over providing passenger rail service, with rule; response to petitions for reconsideration, 65 passenger rail service to allow a party to each entity having varying safety FR 41284, 41291 (July 3, 2000) (addressing completely assign or otherwise contract responsibility for compliance of the sponsoring 19 away its entire responsibility for responsibilities. However, as governmental authority and other entities that may be involved in a single passenger train service). compliance under the law. See 81 FR 18 See supra footnote 11. 21 The SSP final rule addressed a specific scenario 53861 (Aug. 12, 2016). A State 19 For example, an entity, such as a State agency involving a passenger railroad contracting out providing IPR service can have other or authority, may organize and finance the rail portions of its operations and explained that the parties fulfill safety responsibilities on service; a primary contractor may oversee the day- passenger railroad would be required to comply to-day operation of the rail service; one with the final rule. See 81 FR 53857. its behalf, but it cannot entirely disclaim

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27222 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

responsibility.22 Allowing a State contain significant discussion of the includes C3RS information a railroad provider of IPR service to completely protections and exceptions. See 77 FR includes in its SSP, even if the railroad divest itself of responsibility for 55373, 55378–79, 55390–92, and 55406 compiled or collected the C3RS ensuring the passenger operation’s (Sept. 7, 2012); 81 FR 53851, 53855–56, information on or before August 14, compliance with Federal rail safety 53858–60, 53878–82, and 53900 (Aug. 2017. FRA is also proposing to add a requirements is not consistent with 12, 2016). definition for C3RS in § 270.5. FRA’s exercise of its rail safety FRA is proposing to amend the SSP FRA’s proposed amendment would jurisdiction because FRA has final rule’s information protections to ensure the protections apply equally to consistently indicated that specify that they apply to a C3RS every railroad that includes C3RS responsibility for compliance does not program included as part of a railroad’s information (including PRT analyses) as rest solely with whichever service SSP, even if the railroad joined C3RS on part of its SSP, regardless of when the providers the States contract with.23 or before August 14, 2017. C3RS is a railroad joined C3RS. Because C3RS is a However, if a State provider of IPR partnership currently between FRA and Federal safety program designed to service appropriately designates another the National Aeronautics and Space increase the safety of railroad person as responsible for compliance Administration (NASA), in conjunction operations, and by its design it generates with the SSP rule, FRA would consider with participating railroads and labor risk and hazard identification the designated entity as the person with organizations, that allows participating information, FRA believes it is primary responsibility for SSP railroads and their employees to important to provide clarity ensuring compliance. FRA’s policy would voluntarily and confidentially report that early C3RS adopters receive the therefore be to primarily look to the close calls.24 Employees of participating same SSP information protections as designated entity when reviewing and railroads can submit C3RS reports to railroads that waited to join C3RS until approving a submitted SSP plan, NASA, which protects the identity of after August 14, 2017. Further, FRA auditing the implementation of that both the reporting employee and the believes this clarity will promote safety plan, and deciding whether to take railroad by generalizing or removing all because early C3RS adopters will be action to enforce the SSP rule identifying information. more willing to perform robust analyses requirements. As discussed in the NPRM and final of C3RS reports if they are confident that rule, C3RS embodies many of the the SSP information protections will VI. Other Proposed Revisions concepts and principles found in an apply to those analyses. The proposal In addition to the proposed revisions SSP, including: Proactive identification also avoids a situation where early C3RS discussed above, FRA is also proposing of hazards and risks; analysis of those adopters may even decide to drop out of the following revisions to the SSP final hazards and risks; and implementation the program because they fear they will rule. of appropriate action to eliminate or not receive the same SSP information Discovery and Admission as Evidence of mitigate the hazards and risks. See 77 protections as newer participants. FRA Certain Information FR 55376 (Sept. 7, 2012) and 81 FR believes the proposed amendment is 53854 (Aug. 12, 2016). For example, also consistent with the spirit of the The final rule protects certain railroads participating in C3RS establish RSIA, which provides that FRA ‘‘may information a railroad compiles or peer review teams (PRT) that receive de- conduct behavior-based safety and other collects after August 14, 2017, solely for identified close call reports. After research, including pilot programs, SSP purposes from discovery, evaluating a close call report or reports, before promulgating regulations under admission into evidence, or use for any a PRT may develop and recommend this section and thereafter.’’ 49 U.S.C. other purpose in a Federal or State court corrective actions responding to the 20156(a)(2) (emphasis added). proceeding for damages involving hazards and risks identified by the As a practical matter, FRA’s proposed personal injury, wrongful death, or report. approach is also appropriate because the property damage. See 49 CFR While FRA does not require any C3RS de-identification process could 270.105(a). The final rule also specified railroad to implement a C3RS program, make it difficult to determine the certain categories of information that are FRA encourages railroads to include a applicability of the current SSP not protected, including information a C3RS program as part of their SSPs. See information protections, which railroad compiled or collected on or 81 FR 53854 (Aug. 12, 2016). For a generally apply based on when a before August 14, 2017, and that the railroad that establishes a C3RS program railroad began to compile or collect railroad continues to compile and as part of its SSP after August 14, 2017, certain information. For example, C3RS collect, even if the railroad uses that the final rule already protects the reports are de-identified to protect the information to plan, implement, or railroad’s C3RS information.25 For reporter’s confidentiality, and this de- evaluate its SSP. See 49 CFR clarity and to preserve continued identification process involves 270.105(b)(2). The NPRM and final rule participation by railroads that removing references to the reporting established C3RS programs on or before employee and the involved railroad and 22 See e.g., 49 CFR 213.5(d) (FRA may hold the August 14, 2017, FRA is specifically generalizing or eliminating dates and owner of track responsible for compliance with 27 3 FRA’s Track Safety Standards even if the track proposing to add paragraph (a)(3) to times. Protecting C RS information owner has assigned track maintenance § 270.105 to provide that for Federal or included in an SSP, regardless of when responsibility to another entity). State court proceedings initiated after a railroad joined the program, would 23 For example, the duty for compliance with 365 days from publication of the final avoid creating a situation where a passenger equipment standards in part 238 lies with rule,26 the information protected participating railroad could not railroads, including those that ‘‘operate intercity or commuter passenger train service,’’ 49 CFR 238.3(a), and that duty remains with the railroad 24 See generally https://c3rs.arc.nasa.gov/ proposed protections for C3RS information would even though contractors must also comply. See 49 information/summary.html. apply only to court proceedings initiated 365 days CFR 238.9(c). Railroads subject to the passenger 25 The C3RS information protected would include after publication of a final rule because sec. train emergency preparedness regulation in part not only the reports submitted by employees, but 20119(b) provides that ‘‘[a]ny such rule prescribed 239, including intercity and commuter passenger also a PRT’s identification and analysis of any pursuant to this subsection shall not become railroads, also have a non-delegable duty to comply hazards and risks associated with those reports. effective until 1 year after its adoption.’’ with the standards in that part. See 49 CFR 239.3(a), 26 FRA’s authority for issuing a rule protecting 27 See https://c3rs.arc.nasa.gov/information/ 239.9. SSP information is found in 49 U.S.C. 20119(b). The confidentiality.html.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27223

establish applicability of the SSP rule in this proceeding. FRA seeks of railroad operations by allowing information protections because, due to public comment on a possible stay railroad employees to confidentially the de-identification process that is extension. FRA proposes to adjust the report unsafe events that are either essential to the program, the date the various compliance dates in the SSP currently not required to be reported or information was compiled or collected final rule to account for the stay— are underreported. The proposed was unknown. specifically, the compliance dates in definition closely parallels the Further, FRA notes that C3RS does not §§ 270.107(a)(3)(i) and 270.201(a)(1) and description of C3RS on FRA’s website. provide railroads a mechanism for appendix B to part 270. These See https://www.fra.dot.gov/c3rs. gathering unlimited safety information. adjustments are discussed further in the Section 270.7—Penalties and A railroad would not, therefore, be able section-by-section analysis. to expand the scope of C3RS unilaterally Responsibility for Compliance to strategically gain information VII. Conforming Amendments to an Currently, this section contains protections for a larger universe of RRP Final Rule provisions relating to compliance with safety information. For example, C3RS The SSP rule implements the RSIA part 270 and penalties for violations of information a railroad can compile or mandate for railroad safety risk part 270. For reasons discussed in collect is limited by the nature of the reduction programs for passenger Section V of the preamble, FRA is program, which only provides for railroads, while a separate RRP proposing to add a new paragraph (c)(1) voluntary reporting of close call events rulemaking is addressing the mandate to this section to clarify that even by railroad employees. Implementing for certain freight railroads. See 49 though all persons providing IPR or memoranda of understanding among U.S.C. 20156(a)(1). Throughout both the commuter (or other short-haul) rail FRA, railroads, and labor organizations SSP and RRP rulemaking proceedings, passenger transportation share also limit the scope of close call events FRA has consistently stated both an SSP responsibility for ensuring compliance that can be reported to the program. For and RRP final rule would contain with the SSP final rule, the rule does example, events involving a train consultation and information protection not restrict the ability of such persons accident or injury are generally provisions that were essentially to designate to another person ineligible to be reported as close calls.28 identical. See 81 FR 53855 (Aug. 12, responsibility for compliance with this FRA requests public comment on this 2016) and 80 FR 10955 (Feb. 27, 2015). part. The new paragraph would also proposal and any potential alternatives. While this NPRM proposes amendments clarify that a designator (designating FRA is specifically requesting comment to the consultation and information entity) would not be relieved of on a potential alternative under which protection provisions of the SSP final responsibility for compliance. As 3 FRA would only protect C RS rule, there is currently no RRP final rule discussed above in Section V of this information a railroad compiles or FRA can propose similarly amending.29 preamble, FRA’s policy would be to collects as part of an SSP after 365 days If FRA publishes an RRP final rule consider a designated entity as the following publication of a final rule, before a final rule in this rulemaking person with primary responsibility for 3 even if the railroad established the C RS proceeding, FRA may use a final rule in compliance with the SSP final rule. program on or before that date. Like this proceeding to make conforming Section V further explains that it would with the proposal discussed above, this be inconsistent with FRA’s statutory 3 changes to the consultation and alternative would reflect that C RS information protection provisions of an jurisdiction over passenger rail service embodies many of the concepts and RRP final rule. FRA therefore welcomes to allow the designator to completely assign or otherwise contract away its principles in SSP and would provide and encourages comments from 3 entire responsibility for compliance C RS-participating railroads similar railroads, labor organizations, and other under the law. information protection, regardless of parties interested in an RRP final rule when the railroads joined the program. As proposed in paragraph (c)(2)(i), a on the amendments this NPRM person may designate another person as The notable difference under this proposes to the SSP rule’s provisions on potential alternative is that C3RS responsible for compliance with part consultation and information 270 by including a designation of information a railroad compiled or protection. collected on or before 365 days responsibility in the SSP plan. This following publication of a final rule VIII. Section-by-Section Analysis designation must be included in the SSP plan’s statement describing the would not receive protection. FRA also In response to petitions for railroad’s management and notes that this alternative may be reconsideration, FRA is proposing organizational structure and include the difficult to administer because the various amendments to part 270— 3 information specified by proposed process of de-identifying C RS System Safety Program. FRA is also § 270.103(e)(6), the details of which are information could make it difficult to proposing to clarify that the SSP rule’s discussed below in the section-by- determine when a railroad compiled or information protections apply to C3RS section analysis for that section. Any collected the information. programs included in an SSP and to rescission or modification of a extend certain compliance dates to Compliance Dates designation would have to be made in account for the stay of the rule. FRA has stayed the SSP final rule accordance with the requirements for requirements until September 4, 2019. Section 270.5—Definitions amending SSP plans in § 270.201(c). See 83 FR 63106 (Dec. 7, 2018). As FRA notes that the use of ‘‘may’’ in FRA is proposing to amend the discussed above, FRA proposes to proposed paragraph (c)(2) was definitions section of part 270 to add a extend the stay beyond September 4, intentional, as this section does not definition for ‘‘Confidential Close Call 2019, to allow FRA time to issue a final require a person to designate another Reporting System (C3RS),’’ which would person as responsible for compliance— mean an FRA-sponsored voluntary 28 See e.g., Confidential Close Call Reporting any person can comply with the SSP program designed to improve the safety System Implementing Memorandum of requirements on its own behalf. Understanding (C3RS/IMOU) for Amtrak, Article 6.1 (Criteria for Close Call Report Acceptance), May 29 FRA published an RRP NPRM on February 27, However, if a person intends to 11, 2010, available at https://www.fra.dot.gov/eLib/ 2015, and is currently developing an RRP final rule. designate another person as responsible details/L16140. See 80 FR 10950. for compliance, the SSP plan must

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27224 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

describe the railroad management and person to share the notice with directly railroad compiled or collected the C3RS organizational structure, including affected employees before and during information on or before August 14, management responsibilities within the the consultation process. FRA is not 2017, for non-SSP purposes. FRA is also SSP and the distribution of safety proposing a deadline for this proposing to add language to the responsibilities within the railroad notification, but is specifically introductory text of paragraph (a) to organization, in addition to the requesting public comment on whether indicate the information protections requirements of §§ 270.7(c)(2) and such a deadline would be necessary. apply except as provided in paragraph 270.103(e)(6). (a)(3). Nonetheless, FRA further notes that in Section 270.103—System Safety FRA is also proposing minor approving SSP plans, FRA would Program Plan formatting amendments to paragraphs consider how a designation of Currently, this section requires a (a)(1) and (2) to account for the responsibility for SSP compliance railroad to adopt and fully implement additional proposed paragraph (a)(3). would be consistent with the holistic, an SSP through a written SSP plan Section 270.107—Consultation system-wide nature of safety containing the information required in Requirements management systems. FRA believes that this section. Paragraph (e) specifically the systemic nature of SSP requires a states an SSP plan must include a Currently, this section implements the single entity to have overall statement describing the railroad’s RSIA’s mandate that a railroad required responsibility for the entire SSP, to management and organizational to establish an SSP must consult with ensure that the SSP is properly structure, and paragraphs (e)(1) through its directly affected employees on the implemented throughout the railroad’s (5) specify information this statement contents of its SSP plan. See 49 U.S.C. entire system by the potentially various must contain. 20156(g)(1). The SSP final rule preamble entities responsible for separate aspects FRA is proposing to amend this discussed the requirements of this of the system’s safety. FRA therefore section to add a new paragraph (e)(6), section in depth. See 81 FR 53882– expects that a designation would which would contain the requirements 53887 (Aug. 12, 2016). As discussed in identify only a single entity with overall for a designation included in an SSP Section II.B of the preamble, FRA is responsibility for SSP compliance, as plan and any designation submitted proposing several amendments to this opposed to designating SSP under proposed § 270.7(c)(2). Under section to include language proposed in responsibility piecemeal to multiple paragraph (e)(6), a designation would the Labor Petitions, as modified and entities. have to include the name and contact clarified by FRA. To account for the stay Including a designation provision in information for the designator of the SSP final rule, FRA is also an SSP plan would not, however, (designating entity) and the designated proposing to extend the compliance relieve a person of responsibility for entity; a statement signed by an date for holding the preliminary ensuring that host railroads and other authorized representative of the meeting with directly affected persons that provide or utilize designated entity acknowledging employees. responsibility for compliance with part significant safety-related services Paragraph (a)—General Duty appropriately support and participate in 270; a statement affirming a copy of the an SSP, as required under designation has been provided to the Currently, paragraph (a)(2) of this § 270.103(e)(5). Designating a single primary contact for each non-profit section states that a railroad that person as responsible for SSP employee labor organization consults with a non-profit employee compliance would not mean that no representing directly affected employees labor organization is considered to have other entity participates in the SSP. for consultation purposes under consulted with the directly affected Rather, it means that the designated § 270.107(a)(2); and a description of employees represented by that person has the primary responsibility how the directly affected employees not organization. If a railroad contracts out for ensuring overall SSP compliance, represented by a non-profit employee significant portions of its operations, the which can include ensuring the labor organization would be notified of contractor and the contractor’s participation of other persons as the designation for consultation employees performing the railroad’s appropriate. purposes under § 270.107(a). operations are considered directly FRA acknowledges that some FRA is also proposing minor affected employees for part 270 railroads may wish to make a formatting amendments to paragraphs purposes. designation of responsibility for SSP (e)(4) and (5) to account for the For reasons discussed in Section II.B compliance clear before submitting an additional proposed paragraph (e)(6). of the preamble, FRA proposes to SSP plan to FRA, particularly if the amend paragraph (a)(2) to add that the designation would involve Section 270.105—Discovery and primary point of contact for directly responsibility for consulting with Admission as Evidence of Certain affected employees represented by a directly affected employees on the Information non-profit employee labor organization contents of an SSP plan. Proposed Currently, this section sets forth the shall be the general chairperson for that paragraph (c)(2)(ii) therefore states that discoverability and admissibility non-profit employee labor organization a person may notify FRA of a protections for certain SSP information. or a primary point of contact the non- designation of responsibility before The SSP final rule preamble discussed profit employee labor organization and submitting an SSP plan by submitting a these protections in depth. See 81 FR the railroad agree upon at the beginning designation notice to the Associate 53878–53882 (Aug. 12, 2016). For of the consultation process. Unless Administrator for Railroad Safety and reasons discussed in Section VI of the agreed otherwise, the primary point of Chief Safety Officer. The notice must preamble, FRA proposes to add contact for consultation purposes will include all information required under paragraph (a)(3) to this section to clarify be a labor organization’s general § 270.103(e)(6), although this that for court proceedings initiated after chairperson. While the Labor Petition information must still be included in 365 days following publication of the requested FRA amend paragraph (a)(3) the SSP plan. If a person does submit a final rule, the protections established by to establish the general chairperson of a designation notice under this proposed this section apply to C3RS information non-profit employee labor organization provision, FRA would encourage the a railroad includes in its SSP, even if a as a railroad’s primary point of contact,

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27225

FRA believes such a provision belongs FRA’s approval process. As discussed in 270.103(e)(6). As any such designation more appropriately in paragraph (a)(2), Section VI of the preamble, FRA would be voluntary, such clarification which contains requirements addressing proposes to amend paragraph (a)(1) to would add no additional burden nor the consultation process generally. account for the stay of the requirements provide any additional safety benefit. In Paragraph (a)(3), in contrast, only of the SSP final rule. Because FRA is addition, the proposed revisions to addresses the preliminary meeting proposing to extend the date of the §§ 270.7(c) and 270.103(e)(6) would portion of the consultation process. By preliminary meeting under clarify the responsibilities of the proposing to amend paragraph (a)(2) § 270.107(a)(3), it would also be designated entity and the designator. instead of paragraph (a)(3), FRA’s intent necessary to extend the time for a Because both the designated entity and is to clarify that a general chairperson is railroad to submit its SSP plan to FRA. the designator would be responsible for the primary contact for the entire FRA is proposing to provide railroads compliance under § 270.7(c), issuing the consultation process, not just the one year after the publication of a final NPRM would not affect safety benefits. preliminary meeting. FRA specifically rule to submit their SSP plans to FRA FRA requests comment from the public requests public comment on whether for review and approval. FRA on the costs and benefits described in proposing to amend paragraph (a)(2) specifically requests public comment on this paragraph. instead of paragraph (a)(3) adequately whether railroads will need an entire Second, to address the Labor addresses the Labor Petition’s concerns. year following the publication of a final Petition’s concerns discussed in Section Currently, paragraph (a)(3) requires a rule to submit SSP plans to FRA, or II of this NPRM, FRA proposes to amend railroad to have a preliminary meeting whether a shorter deadline, such as six the SSP rule to add the general with its directly affected employees to months, would provide sufficient time. chairperson of a non-profit employee discuss how the consultation process labor organization as the point of will proceed and states the railroad Appendix B to Part 270—Federal contact for directly affected employees must hold this meeting no later than Railroad Administration Guidance on represented by that non-profit employee April 10, 2017. To account for the stay the SSP Consultation Process labor organization. of the SSP final rule, as discussed in Appendix B contains guidance on Third, FRA received a comment from Section VI of the preamble above, FRA how a railroad could comply with the AAR voicing concern that an is proposing to amend paragraph consultation requirements of § 270.107. inadvertent failure to serve a general (a)(3)(i) to extend the deadline for the FRA proposes to amend appendix B to chairperson may result in FRA deeming preliminary meeting from April 10, reflect the proposed amended a railroad as not using ‘‘best efforts’’ in 2017, to 120 days after the date a final compliance dates in §§ 270.107(a)(3)(i) the consultation process. In response to rule arising from this NPRM is and 270.201(a)(1). such concern, FRA is proposing to allow published. a railroad and a non-profit employee IX. Regulatory Impact and Notices labor organization to establish an Paragraph (b)(3)—Railroad Consultation A. Executive Order 12866 and DOT alternative point of contact within the Currently, paragraph (b)(3) requires a Regulatory Policies and Procedures non-profit employee labor organization. railroad consultation statement to This point of contact could be a person include a service list containing the This NPRM is a non-significant the railroad and non-profit employee name and contact information for each rulemaking and evaluated in accordance labor organization agree on at the international/national president of any with existing policies and procedures beginning of the consultation process. non-profit employee labor organization under Executive Order 12866 and DOT FRA anticipates any burden associated representing a class or craft of the Order 2100.6. See 58 FR 51735, Sep. 30, with requiring the inclusion of a general railroad’s directly affected employees.30 1993 and https:// chairperson in the service list would be When a railroad submits its SSP plan www.transportation.gov/regulations/ significantly alleviated, if not and consultation statement, it must 2018-dot-rulemaking-order. The scope eliminated altogether, by the provision simultaneously send a copy of both to of this analysis is limited to the allowing railroads and non-profit all individuals identified in the service revisions that FRA is proposing to make employee labor organizations to agree list. in this rulemaking. FRA concluded that on an alternative point of contact. FRA FRA proposes to amend paragraph because this NPRM generally includes specifically requests comment from the (b)(3) to add that the service list must only voluntary actions or alternative public on this conclusion. also include the name and contact action by designated entities that would Further, as discussed in Section VI of information for either each general be voluntary, this NPRM does not this NPRM, FRA is proposing to amend chairperson of any non-profit employee impart additional burdens on regulated the SSP final rule’s information labor organization representing a class entities. protections to address the C3RS or craft of the railroad’s directly affected Pursuant to petitions for program. Because this proposed employees or the agreed-upon point of reconsideration FRA received in amendment merely addresses the scope contact that the non-profit employee response to the SSP final rule, this of the protections provided by the SSP labor organization and the railroad agree NPRM proposes five sets of final rule, there are no burdens upon at the beginning of the amendments to the SSP rule. The associated with it. consultation process. following paragraphs describe the costs Finally, FRA is also proposing to and benefits that would follow from adjust the various compliance dates in Section 270.201—Filing and Approval implementation of the proposals in this the SSP final rule to account for the stay This section contains the NPRM. of the final rule’s requirements. Because requirements for filing an SSP plan and First, to address the State Petitions’ the adjustments are necessary only to concerns discussed in Section III of this conform the final rule’s deadlines with 30 Paragraph (b)(3) also requires the service list to NPRM, the NPRM would amend the the stay, they have already been contain the name and contact information for any SSP rule to clarify that a person subject accounted for in the regulatory impact directly affected employee who significantly participated in the consultation process to the SSP rule may designate another analysis that accompanied the final rule independently of a non-profit employee labor entity as being responsible for SSP extending the stay. See 82 FR 56745 organization. compliance under §§ 270.7(c) and (Nov. 30, 2017).

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27226 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

This proposed rule is not expected to size standards that a ‘‘small entity’’ in railroads and two intercity passenger be an Executive Order 13771 regulatory the railroad industry is a for profit railroads, Amtrak and the ARC. Neither action because this proposed rule is not ‘‘linehaul railroad’’ that has fewer than is considered a small entity. Amtrak significant under Executive Order 1,500 employees, a ‘‘short line railroad’’ serves populations well in excess of 12866. with fewer than 1,500 employees, or a 50,000, and the ARC is owned by the B. Regulatory Flexibility Act and ‘‘commuter rail system’’ with annual State of Alaska, which has a population Executive Order 13272 receipts of less than $15.0 million well in excess of 50,000. dollars. See ‘‘Size Eligibility Provisions Based on the definition of ‘‘small The Regulatory Flexibility Act of and Standards,’’ 13 CFR part 121, entity,’’ only one commuter or other 1980, 5 U.S.C. 601 et seq., and Executive subpart A. Additionally, 5 U.S.C. 601(5) short-haul railroad is considered a small Order 13272, 67 FR 53461 (Aug. 16, defines as ‘‘small entities’’ governments entity: The Hawkeye Express (operated 2002), require agency review of of cities, counties, towns, townships, by the Iowa Northern Railway proposed and final rules to assess their villages, school districts, or special Company). Although the proposed impact on small entities. An agency districts with populations less than regulation may impact a substantial must prepare an Initial Regulatory 50,000. Federal agencies may adopt number of small entities, by virtue of its Flexibility Analysis unless it determines their own size standards for small impact on the only identified small and certifies that a rule, if promulgated, entities, in consultation with SBA and identity, it would merely provide would not have a significant impact on in conjunction with public comment. additional clarifying information a substantial number of small entities. Pursuant to that authority, FRA has without introducing any additional The five sets of proposed revisions published a final statement of agency burden. The proposed regulation would within this NPRM would not impart any policy that formally establishes ‘‘small therefore not have a significant impact additional burden on regulated entities. entities’’ or ‘‘small businesses’’ as being Three of the proposed sets of revisions on a substantial number of small railroads, contractors, and hazardous would add clarity to the final rule, and entities. materials shippers that meet the revenue the proposed revision requiring A substantial number of small entities requirements of a Class III railroad as set submission of the designation notice to may be impacted by this regulation; forth in 49 CFR 1201.1–1, which is $20 FRA is voluntary and would only apply however, any impact would be minimal million or less in inflation-adjusted if a designation is made. Another and positive. FRA requests comments as annual revenues, and commuter proposed revision would allow each to the impact that the rule would have railroads or small governmental railroad and labor union to decide on both small passenger railroads as jurisdictions that serve populations of jointly on an alternative contact person, well as all passenger railroads in thereby eliminating or significantly 50,000 or less. See 68 FR 24891 (May 9, general. 2003), codified at appendix C to 49 CFR mitigating any burden associated with C. Paperwork Reduction Act the proposed revision requiring part 209. The $20-million limit is based inclusion of a general chairperson in the on the Surface Transportation Board’s FRA is submitting the information service list. revenue threshold for a Class III collection requirements in this proposed ‘‘Small entity’’ is defined in 5 U.S.C. railroad. Railroad revenue is adjusted rule to the Office of Management and 601 as including a small business for inflation by applying a revenue Budget (OMB) for approval under the concern that is independently owned deflator formula in accordance with 49 Paperwork Reduction Act of 1995, 44 and operated, and is not dominant in its CFR 1201.1–1. FRA is using this U.S.C. 3501 et seq. The sections that field of operation. The U.S. Small definition for this rulemaking. contain the new information collection Business Administration (SBA) has For purposes of this analysis, this requirements are duly designated and authority to regulate issues related to proposed rule will apply to 30 the estimated time to fulfill each small businesses, and stipulates in its commuter or other short-haul passenger requirement is as follows:

Respondent Total annual CFR section/subject universe Total annual Average time Total annual dollar cost (railroads) responses per response burden hours equivalent

270.103—System Safety Program Plan (SSPP)— 32 32 plans ...... 40 hours ...... 1,280 $140,800 Comprehensive written SSPP meeting all of this section’s requirements. —Copies of railroad (RR) designations to non-profit 32 27 copies ...... 2 minutes ...... 1 73 employee labor organizations. —Designation notifications to employees not rep- 32 27 notices ..... 5 minutes ...... 2 146 resented by non-profit employee labor organiza- tions. —System safety training by RR of employees/con- 32 450 trained 2 hours ...... 900 65,700 tractors/others. individuals. —Records of system safety training for employees/ 32 450 records .. 2 minutes ...... 15 1,095 contractors/others. —Furnishing of RR results of risk-based hazard 32 10 analyses 20 hours ...... 200 14,600 analyses upon request of FRA/participating part results. 212 States. —Furnishing of descriptions of RR’s specific risk 32 10 mitigation 10 hours ...... 100 7,300 mitigation methods that address hazards upon methods request of FRA/participating part 212 States. descriptions. —Furnishing of results of railroad’s technology 32 32 results of 40 hours ...... 1,280 93,440 analysis upon request of FRA/participating part technology 212 States. analysis.

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27227

Respondent Total annual CFR section/subject universe Total annual Average time Total annual dollar cost (railroads) responses per response burden hours equivalent

270.107(a)—Consultation requirements—RR con- 32 32 consults 40 hours ...... 1,280 93,440 sultation with its directly affected employees on (w/labor SSPP. union reps.). —RR notification to directly affected employees of 32 32 notices ..... 8 hours ...... 256 18,688 preliminary meeting at least 60 days before being held. —(b) RR consultation statements that includes 32 30 statements 80 hours + 2 hours .... 2,404 175,492 service list with name & contact information for + 2 state- labor organization chairpersons & non-union em- ments. ployees who participated in process. —Copies of consultations statements by RR to 32 32 copies ...... 1 minute ...... 1 73 service list individuals. 270.201—SSPPs found deficient by FRA and re- 32 4 amended 40 hours ...... 160 11,680 quiring amendment. plans. —Review of amended SSPPs found deficient and 32 1 further 40 hours ...... 40 2,920 requiring further amendment. amended plan. —Reopened review of initial SSPP approval for 32 2 amended 40 hours ...... 80 5,840 cause stated. plans. 270.203—Retention of SSPPs—Retained copies of 32 37 copies ...... 10 minutes ...... 6 438 SSPPs. 270.303—Annual internal SSPP assessments/re- 32 32 evalua- 40 hours ...... 1,280 93,440 ports conducted by RRs. tions/re- ports. —Certification of results of RR internal assessment 32 32 certifi- 8 hours ...... 256 28,160 by chief safety official. cation statements. 270.305—External safety audit—RR submission of 32 6 plans ...... 40 hours ...... 240 26,400 improvement plans in response to results of FRA audit. —Improvement plans found deficient by FRA and 32 2 amended 24 hours ...... 48 3,504 requiring amendment. plans. —RR status report to FRA of implementation of im- 32 2 reports ...... 4 hours ...... 8 584 provements set forth in the improvement plan. Appendix B—Additional documents provided to 32 2 documents 30 minutes ...... 1 73 FRA upon request. —Notifications/good faith consultation with non-rep- 2 2 notices/ 8 hours ...... 16 1,168 resented employees by RRs. consults. —Meeting with non-represented employees within 2 2 meetings .... 8 hours ...... 16 1,168 180 days of final rule effective date about con- sultation process. Appendix C—Written requests by RRs to file re- 32 20 written re- 30 minutes ...... 10 730 quired submissions electronically. quests.

Totals ...... 32 1,310 replies/ N/A ...... 9,880 768,952 responses.

All estimates include the time for other forms of information technology, Brogan at [email protected] or Ms. reviewing instructions, searching may be minimized. Toone at [email protected]. existing data sources, gathering or For information or a copy of the OMB must make a decision maintaining the needed data, and paperwork package submitted to OMB, concerning the collection of information reviewing the information. contact Mr. Robert Brogan, Information requirements contained in this proposed Collection Clearance Officer, Office of rule between 30 and 60 days after Under 44 U.S.C. 3506(c)(2)(B), FRA Railroad Safety, Federal Railroad publication of this document in the solicits comments concerning: Whether Administration, at 202–493–6292 or Ms. Federal Register. Therefore, a comment these information collection Kimberly Toone, Records Management to OMB is best assured of having its full requirements are necessary for the Officer, Office of Railroad Safety, effect if OMB receives it within 30 days proper performance of the functions of Federal Railroad Administration, at of publication. The final rule will FRA, including whether the information 202–493–6132. respond to any OMB or public has practical utility; the accuracy of Organizations and individuals comments on the information collection FRA’s estimates of the burden of the desiring to submit comments on the requirements contained in this proposal. information collection requirements; the collection of information requirements FRA is not authorized to impose a quality, utility, and clarity of the should direct them to Mr. Robert Brogan penalty on persons for violating information to be collected; and or Ms. Kimberly Toone, Federal information collection requirements that whether the burden of collection of Railroad Administration, 1200 New do not display a current OMB control information on those who are to Jersey Avenue SE, 3rd Floor, number, if required. FRA intends to respond, including through the use of Washington, DC 20590. Comments may obtain current OMB control numbers for automated collection techniques or also be submitted via email to Mr. any new information collection

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27228 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

requirements resulting from this officials in the process of developing the they potentially burden the rulemaking action prior to the effective regulation. development or use of domestically date of the final rule, and will announce FRA has analyzed this proposed rule produced energy resources, with the OMB control number, when in accordance with the principles and particular attention to oil, natural gas, assigned, by separate notice in the criteria contained in Executive Order coal, and nuclear energy resources. See Federal Register. 13132. This proposed rule generally 82 FR 16093 (Mar. 31, 2017). FRA clarifies or makes technical determined this proposed rule would D. Environmental Impact amendments to the requirements not burden the development or use of FRA has evaluated this proposed rule contained in part 270, System Safety domestically produced energy in accordance with its ‘‘Procedures for Program. FRA has determined that this resources. final rule has no federalism Considering Environmental Impacts’’ H. Privacy Act Statement (FRA’s Procedures) (64 FR 28545 (May implications, other than the possible 26, 1999)) as required by the National preemption of State laws under 49 In accordance with 5 U.S.C. 553(c), Environmental Policy Act (42 U.S.C. U.S.C. 20106. Therefore, the DOT solicits comments from the public 4321 et seq.), other environmental consultation and funding requirements to better inform its rulemaking process. statutes, Executive Orders, and related of Executive Order 13132 do not apply, DOT posts these comments, without regulatory requirements. FRA has and preparation of a federalism edit, to www.regulations.gov, as determined that this proposed rule is summary impact statement for the described in the system of records not a major Federal action, requiring the proposed rule is not required. notice, DOT/ALL–14 FDMS, accessible preparation of an environmental impact F. Unfunded Mandates Reform Act of through www.dot.gov/privacy. To statement or environmental assessment, 1995 facilitate comment tracking and because it is categorically excluded from response, we encourage commenters to Pursuant to section 201 of the detailed environmental review pursuant provide their name, or the name of their Unfunded Mandates Reform Act of 1995 to section 4(c)(20) of FRA’s Procedures. organization; however, submission of (Pub. L. 104–4, 2 U.S.C. 1531), each See 64 FR 28547 (May 26, 1999). names is completely optional. Whether Federal agency shall, unless otherwise or not commenters identify themselves, In accordance with section 4(c) and prohibited by law, assess the effects of (e) of FRA’s Procedures, the agency has all timely comments will be fully Federal regulatory actions on State, considered. If you wish to provide further concluded that no extraordinary local, and tribal governments, and the circumstances exist with respect to this comments containing proprietary or private sector (other than to the extent confidential information, please contact proposed rule that might trigger the that such regulations incorporate need for a more detailed environmental the agency for alternate submission requirements specifically set forth in instructions. review. As a result, FRA finds that this law). Section 202 of the Act (2 U.S.C. proposed rule is not a major Federal 1532) further requires that before List of Subjects in 49 CFR Part 270 action significantly affecting the quality promulgating any general notice of Penalties, Railroad safety, Reporting of the human environment. proposed rulemaking that is likely to and recordkeeping requirements, E. Federalism Implications result in the promulgation of any rule System safety. that includes any Federal mandate that Executive Order 13132, ‘‘Federalism’’ may result in expenditure by State, The Proposed Rule (64 FR 43255 (Aug. 10, 1999)), requires local, and tribal governments, in the For the reasons discussed in the FRA to develop an accountable process aggregate, or by the private sector, of preamble, FRA proposes to amend part to ensure ‘‘meaningful and timely input $100,000,000 or more (adjusted 270 of chapter II, subtitle B of title 49, by State and local officials in the annually for inflation) in any one year, Code of Federal Regulations, as follows: development of regulatory policies that and before promulgating any final rule have federalism implications.’’ ‘‘Policies for which a general notice of proposed PART 270—[AMENDED] that have federalism implications’’ are rulemaking was published, the agency ■ 1. The authority citation for part 270 defined in the Executive Order to shall prepare a written statement continues to read as follows: include regulations that have detailing the effect on State, local, and ‘‘substantial direct effects on the States, tribal governments and the private Authority: 49 U.S.C. 20103, 20106–20107, on the relationship between the national sector. This proposed rule would not 20118–20119, 20156, 21301, 21304, 21311; government and the States, or on the result in such an expenditure, and thus 28 U.S.C. 2461, note; and 49 CFR 1.89. distribution of power and preparation of such a statement is not ■ 2. In § 270.5, add a definition in responsibilities among the various required. alphabetical order for Confidential Close levels of government.’’ Under Executive Call Reporting System (C3RS) to read as Order 13132, the agency may not issue G. Energy Impact follows: a regulation with federalism Executive Order 13211 requires implications that imposes substantial Federal agencies to prepare a Statement § 270.5 Definitions. direct compliance costs and that is not of Energy Effects for any ‘‘significant * * * * * required by statute, unless the Federal energy action.’’ 66 FR 28355 (May 22, Confidential Close Call Reporting government provides the funds 2001). FRA evaluated this proposed rule System (C3RS) means an FRA-sponsored necessary to pay the direct compliance in accordance with Executive Order voluntary program designed to improve costs incurred by State and local 13211 and determined that this the safety of railroad operations by governments or the agency consults regulatory action is not a ‘‘significant allowing railroad employees to with State and local government energy action’’ within the meaning of confidentially report currently officials early in the process of the Executive Order. unreported or underreported unsafe developing the regulation. Where a Executive Order 13783, ‘‘Promoting events. regulation has federalism implications Energy Independence and Economic * * * * * and preempts State law, the agency Growth,’’ requires Federal agencies to ■ 3. In § 270.7, add paragraph (c) to read seeks to consult with State and local review regulations to determine whether as follows:

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27229

§ 270.7 Penalties and responsibility for responsibility for compliance with this revise paragraph (a)(3)(i) and the first compliance. part; sentence of paragraph (b)(3) to read as * * * * * (iii) A statement affirming that a copy follows: (c)(1) All persons providing intercity of the designation has been provided to rail passenger or commuter (or other the primary point of contact for each § 270.107 Consultation requirements. short-haul) rail passenger service share non-profit employee labor organization (a) * * * responsibility for ensuring compliance representing directly affected employees (2) * * * For directly affected with this part. Nothing in this paragraph for consultation purposes under employees represented by a non-profit (c), however, shall restrict the ability to § 270.107(a)(2); and employee labor organization, the provide for an appropriate designation (iv) A description of how directly railroad’s primary point of contact shall of responsibility for compliance with affected employees not represented by a be either the general chairperson of that this part. A designator, however, shall non-profit employee labor organization non-profit employee labor organization not be relieved of responsibility for were notified of the designation for or a non-profit employee labor compliance with this part. consultation purposes under organization primary point of contact (2)(i) Any person subject to this part § 270.107(a). the railroad and the non-profit may designate another person as * * * * * employee labor organization agree on at responsible for compliance with this ■ 5. In § 270.105, revise paragraphs (a) the beginning of the consultation part by including a designation of introductory text and (a)(1) and the last process. * * * responsibility in the SSP plan. This sentence of paragraph (a)(2) and add (3) * * * designation must be included in the SSP paragraph (a)(3) to read as follows: (i) Hold the preliminary meeting no plan’s statement describing the later than (date 120 days after date of § 270.105 Discovery and admission as publication of the final rule); and railroad’s management and evidence of certain information. organizational structure and include the * * * * * (a) Protected information. Except as information specified by § 270.103(e)(6). (b) * * * (ii) A person subject to this part may provided in paragraph (a)(3) of this (3) A service list containing the name section, any information compiled or notify FRA of a designation of and contact information for either each collected after August 14, 2017, solely responsibility before submitting an SSP international/national president and for the purpose of planning, plan by first submitting a designation of general chairperson of any non-profit implementing, or evaluating a system responsibility notice to the Associate employee labor organization safety program under this part shall not Administrator for Railroad Safety and representing a class or craft of the be subject to discovery, admitted into Chief Safety Officer. The notice must railroad’s directly affected employees, evidence, or considered for other include all information required under or each non-profit employee labor purposes in a Federal or State court § 270.103(e)(6), and this information organization primary point of contact proceeding for damages involving must also be included in the SSP plan. the railroad and the non-profit ■ 4. In § 270.103, revise paragraph (e)(4) personal injury, wrongful death, or employee labor organization agree on at and the last sentence of paragraph (e)(5) property damage. For purposes of this the beginning of the consultation and add paragraph (e)(6) to read as section— process. * * * (1) ‘‘Information’’ includes plans, follows: * * * * * reports, documents, surveys, schedules, ■ 7. In § 270.201, revise paragraph (a)(1) § 270.103 System safety program plan. lists, or data, and specifically includes to read as follows: * * * * * a railroad’s analysis of its safety risks (e) * * * under § 270.103(q)(1) and a railroad’s § 270.201 Filing and approval. (4) Clear identification of the lines of statement of mitigation measures under (a) Filing. (1) Each railroad to which authority used by the railroad to manage § 270.103(q)(2); this part applies shall submit one copy safety issues; (2) * * * This section does not of its SSP plan to the FRA Associate (5) * * * As part of this description, protect information that is required to Administrator for Railroad Safety and the railroad shall describe how each be compiled or collected pursuant to Chief Safety Officer, 1200 New Jersey host railroad, contractor operator, any other provision of law of regulation; Avenue SE, Washington, DC 20590, no shared track/corridor operator, and any and later than (date 365 days after date of persons utilizing or providing (3) A railroad may include a publication of the final rule), or not less significant safety-related services as Confidential Close Call Reporting than 90 days before commencing identified by the railroad pursuant to System (C3RS) program in a system passenger operations, whichever is later. safety program established under this paragraph (d)(2) of this section supports * * * * * and participates in the railroad’s system part. For Federal or State court ■ 8. In appendix B to part 270: safety program, as appropriate; and proceedings described by this paragraph ■ a. Revise the section titled (6) If a person subject to this part (a) that are initiated after (date 365 days ‘‘Employees Represented by a Non- designates another person as after date of publication of the final Profit Employee Labor Organization’’; responsible for compliance with this rule), the information protected by this and part under § 270.7(c)(2), the following paragraph (a) includes C3RS information ■ b. Revise the section titled information must be included in the a railroad includes in its system safety ‘‘Employees Who Are Not Represented designator’s SSP plan and any notice of program, even if the railroad compiled by a Non-Profit Employee Labor designation submitted under or collected the C3RS information on or Organization.’’ § 270.7(c)(2): before August 14, 2017, for purposes The revisions read as follows: (i) The name and contact information other than planning, implementing, or Appendix B to Part 270—Federal of the designator; evaluating a system safety program (ii) The name and contact information under this part. Railroad Administration Guidance on the System Safety Program of the designated entity and a statement * * * * * signed by an authorized representative ■ 6. In § 270.107, add a sentence after Consultation Process of the designated entity acknowledging the first sentence of paragraph (a)(2) and * * * * *

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27230 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Employees Represented by a Non-Profit Employees Who Are Not Represented by a represented employees in the following Employee Labor Organization Non-Profit Employee Labor Organization ways: As provided in § 270.107(a)(2), a railroad FRA recognizes that some (or all) of a (1) Electronically, such as by email or an consulting with the representatives of a non- railroad’s directly affected employees may announcement on the railroad’s website; profit employee labor organization on the not be represented by a non-profit employee (2) By posting the notification in a location contents of a SSP plan will be considered to labor organization. For such non-represented easily accessible and visible to non- have consulted with the directly affected employees, the consultation process represented employees; or employees represented by that organization. described for represented employees may not (3) By providing all non-represented A railroad may utilize the following be appropriate or sufficient. For example, employees a hard copy of the notification. A process as a roadmap for using good faith and FRA believes that a railroad with non- railroad could use any or all of these methods best efforts when consulting with represented represented employees should make a of communication, so long as the notification employees in an attempt to reach agreement concerted effort to ensure that its non- complies with the railroad’s obligation to on the contents of a SSP plan. represented employees are aware that they • Pursuant to § 270.107(a)(3)(i), a railroad are able to participate in the development of utilize best efforts in the consultation must meet with representatives from a non- the railroad’s SSP plan. FRA therefore is process. • profit employee labor organization providing the following guidance regarding Following the initial notification and (representing a class or craft of the railroad’s how a railroad may utilize good faith and initial meeting to discuss the consultation directly affected employees) no later than best efforts when consulting with non- process (and before the railroad submits its (date 120 days after date of publication of the represented employees on the contents of its SSP plan to FRA), a railroad should provide final rule) to begin the process of consulting SSP plan. non-represented employees a draft proposal on the contents of the railroad’s SSP plan. A • By (date 45 days after date of publication of its SSP plan. This draft proposal should railroad must provide notice at least 60 days of the final rule), a railroad should notify solicit additional input from non-represented before the scheduled meeting. non-represented employees that— employees, and the railroad should provide • During the time between the initial (1) The railroad is required to consult in non-represented employees 60 days to meeting and the applicability date of good faith with, and use its best efforts to submit comments to the railroad on the draft. § 270.105 the parties may meet to discuss reach agreement with, all directly affected • Following this 60-day comment period administrative details of the consultation employees on the proposed contents of its process as necessary. SSP plan; and any changes to the draft SSP plan made • Within 60 days after the applicability (2) The railroad is required to meet with its as a result, the railroad should submit the date of § 270.105 a railroad should have a directly affected employees by (date 120 days proposed SSP plan to FRA, as required by meeting with the directed affected employees after date of publication of the final rule) to this part. to discuss substantive issues with the SSP. address the consultation process; • As provided by § 270.107(c), if • Pursuant to § 270.201(a)(1), a railroad (3) Non-represented employees are invited agreement on the contents of a SSP plan would file its SSP plan with FRA no later to participate in the consultation process cannot be reached, then a non-represented than (date 365 days after date of publication (and include instructions on how to engage employee may file a statement with the FRA of the final rule), or not less than 90 days in this process); and Associate Administrator for Railroad Safety before commencement of new passenger (4) If a railroad is unable to reach and Chief Safety Officer explaining his or her service, whichever is later. agreement with its directly affected views on the plan on which agreement was • As provided by § 270.107(c), if employees on the contents of the proposed not reached. agreement on the contents of a SSP plan SSP plan, an employee may file a statement could not be reached, a labor organization with the FRA Associate Administrator for Issued in Washington, DC. (representing a class or craft of the railroad’s Railroad Safety and Chief Safety Officer Ronald L. Batory directly affected employees) may file a explaining his or her views on the plan on Administrator, Federal Railroad statement with the FRA Associate which agreement was not reached. Administration. Administrator for Railroad Safety and Chief • This initial notification (and all Safety Officer explaining its views on the subsequent communications, as necessary or [FR Doc. 2019–12125 Filed 6–11–19; 8:45 am] plan on which agreement was not reached. appropriate) could be provided to non- BILLING CODE 4910–06–P

VerDate Sep<11>2014 16:20 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4702 Sfmt 9990 E:\FR\FM\12JNP1.SGM 12JNP1 jbell on DSK3GLQ082PROD with PROPOSALS 27231

Notices Federal Register Vol. 84, No. 113

Wednesday, June 12, 2019

This section of the FEDERAL REGISTER Department of Agriculture, 1400 their charters, the APAC has the contains documents other than rules or Independence Ave. SW, Room 200A following responsibilities: proposed rules that are applicable to the Jamie L. Whitten Building, Washington, (A) The Committee will advise, public. Notices of hearings and investigations, DC 20250–1001, Attention: APAC/ consult with, and make committee meetings, agency decisions and ATACs. Courtesy electronic copies of recommendations to the Secretary and rulings, delegations of authority, filing of Trade Representative concerning the petitions and applications and agency the nomination materials should also be statements of organization and functions are sent to [email protected]. trade policy of the United States and the examples of documents appearing in this FOR FURTHER INFORMATION CONTACT: matters arising in the administration of section. JonAnn Flemings, Group Federal such policy; (B) The Committee will Officer, Foreign Agricultural Service, provide information and advice U.S. Department of Agriculture at 202– regarding the following: Negotiating DEPARTMENT OF AGRICULTURE 720–1277; or by email at ATACs@ objectives and bargaining positions of usda.gov. You can find additional the United States before the United Foreign Agricultural Service information about the APAC and States enters into trade agreements, the ATACs on the Foreign Agricultural operation of any trade agreement once Notice of Re-Chartering and entered into, and matters arising in Continuation of Requests for Service website at www.fas.usda.gov/ atacs. connection with the administration of Nominations for the Agricultural Trade the trade policy of the United States; Advisory Committees SUPPLEMENTARY INFORMATION: and (C) The Committee will furnish Re-Chartering Of Existing AGENCY: Foreign Agricultural Service, such other advisory opinions and United States Department of Committees: Pursuant to Section 135 of reports as the Secretary and Trade Agriculture. the Trade Act of 1974 (19 U.S.C 2155(c)) Representative deem necessary; and the Federal Advisory Committee ACTION: Notice of re-chartering and and the ATACs have similar Act, as amended (5 U.S.C. Appendix), continuation of requests for responsibilities: FAS gives notice that the Secretary and nominations. Trade Representative have renewed the (A) The Committees will advise, consult with, and make SUMMARY: Pursuant to the Trade Act of APAC and the following six ATACs: recommendations to the Secretary and 1974 and the Federal Advisory • Animals and Animal Products Trade Representative on matters that are Committee Act, as amended, notice is • Fruits and Vegetables of mutual concern to the United States hereby given that the Secretary of • Grains, Feed, Oilseeds, and Planting Agriculture (Secretary), in coordination and its consumers, producer, Seeds processors, and traders of the relevant with the United States Trade • Processed Foods Representative (Trade Representative), • commodities; (B) The Committees will Sweeteners and Sweetener Products provide information and advice intends to renew the charters for the • Tobacco, Cotton and Peanuts Agricultural Policy Advisory Committee regarding trade issues that affect both In 1974, Congress established a domestic and foreign production and (APAC) and the related Agricultural private sector advisory committee Technical Advisory Committees trade concerning the relevant system to ensure that U.S. trade policy commodities; and (C) The Committees (ATACs) for Trade to provide detailed and negotiation objectives adequately policy and technical advice, will furnish such other advisory reflect U.S. commercial and economic information, and recommendations opinions and reports as the Secretary interests. The private sector advisory regarding trade barriers, negotiation of and Trade Representative deem committee system currently consists of trade agreements, and implementation necessary. three tiers: of existing trade agreements affecting • The President’s Advisory General Committee Information food and agricultural products, Committee for Trade Policy and Each committee has a chairperson, including the performance of other Negotiations; who is elected from the membership of advisory functions relevant to U.S. • Five general policy advisory that committee. Committees meet as agricultural trade policy matters. In committees, including the APAC; and needed, and all committee meetings are addition, the U.S. Department of • Several technical advisory typically held in Washington, DC, or by Agriculture (USDA) Foreign committees, including the ATACs. telephone conference. Committee Agricultural Service (FAS) continues to The establishment and renewal of meetings may be closed if Office of the welcome nominations for persons to such committees is in the public interest U.S. Trade Representative (USTR) serve on these committees. in connection with the duties of USDA determines that a committee will be DATES: FAS will accept nominations for imposed by the Trade Act of 1974, as discussing issues that justify closing a membership on the APAC and six amended. meeting or portions of a meeting, in ATACs throughout the four-year charter accordance with 19 U.S.C. 2155(f). term of the committees (June 2019 Background Throughout the year, members are through June 2023). New applicants are In 1974, Congress established a requested to review sensitive trade considered approximately every 12–18 private-sector advisory committee policy information and provide months. system to ensure that U.S. trade policy comments regarding trade negotiations. ADDRESSES: All nomination materials and negotiation objectives adequately In addition to their other advisory should be mailed in a single, complete reflect U.S. commercial and economic responsibilities, at the conclusion of package to: Office of the Secretary, U.S. interests. As provided for in the law and negotiations of any trade agreement, all

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27232 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

committees are required to provide a Employee (SGE). SGEs are subject to interests of a nongovernmental entity, a report on each agreement to the specific provisions of the ethics laws, recognizable group of persons or President, Congress, USTR, and USDA. including disclosure of financial nongovernmental entities (an industry interests, if they are appointed because sector, labor unions, environmental Committee Membership Information of their personal knowledge, groups, etc.), or state or local All committee members are appointed background, or expertise. USDA will governments. The lobbyist prohibition by and serve at the discretion of the assist SGEs in disclosing their financial continues to apply to persons serving on Secretary and Trade Representative. interest and will provide ethics training advisory committees in their individual Committee appointments are typically on an annual basis. capacity (e.g., SGEs). for a period of 4 years but may be Appointments are made of Foreign Firms: If the nominee is to renewed for an additional term. Each individuals only and are not represent an entity or corporation with committee member must be a U.S. transferrable. No person, company, ten percent or greater non-U.S. citizen and must represent a U.S. entity producer, farm organization, trade ownership, the nominee must state the with an interest in agricultural trade and association, or other entity has a right to extent to which the organization or must not be registered with the membership on a committee. In making interest to be represented by the Department of Justice under the Foreign appointments, every effort will be made nominee is owned by non-U.S. citizens, Agents Registration Act. To attend most to maintain balanced representation on organizations, or interests and meetings, committee members must the committees with representation demonstrate at the time of nomination have a current security clearance. New from producers, farm and commodity that this ownership interest does not members will be guided in how to apply organizations, processors, traders, and constitute control and will not adversely for a security clearance and their consumers. Geographical diversity on affect his or her ability to serve as an appointment will be contingent on each committee will also be sought. advisor on the U.S. agriculture advisory successful completion of the Nominations: Nominating a person to committee for trade. investigation. Committee members serve serve on any of the committees requires without compensation and are not submission of a current resume for the Dated: June 5, 2019. reimbursed for their travel expenses. No nominee and the USDA AD–755 Ken Isley, person may serve on more than one (Advisory Committee Membership Administrator, Foreign Agricultural Service. USDA advisory committee at the same Background Information, OMB Number [FR Doc. 2019–12382 Filed 6–11–19; 8:45 am] time unless a specific exception is 0505–0001), available on the internet at: BILLING CODE 3410–10–P granted by the USDA Committee http://www.fas.usda.gov/trade- Management Officer. No entity may advisorycommittees-applying- have more than one representative on membership. A cover letter should also DEPARTMENT OF COMMERCE any single trade advisory committee. be submitted indicating the specific committee for which the individual is Foreign-Trade Zones Board Nominations and Appointments of being nominated, why the nominee Members [B–03–2019] wants to be a committee member, and Eligibility: Nominations for APAC and his or her qualifications for Foreign-Trade Zone (FTZ) 68—El Paso, ATAC membership are open to membership, and how the submitter Texas, Authorization of Production individuals representing U.S. entities learned about this call for nominations. Activity, The Woodbridge Group with an interest in agricultural trade The cover letter should also include the (Flame Laminated Textiles), El Paso, without regard to race, color, religion, statements required below related to Texas sex, national origin, age, mental or Federally Registered Lobbyists and physical handicap, marital status, or Foreign Firms. If applicable, the On February 6, 2019, the City of El sexual orientation. Equal opportunity application should include a sponsor Paso, grantee of FTZ 68, submitted a practices in accordance with U.S. letter on the non-Federal governmental notification of proposed production Government policies will be followed in entity’s letterhead containing a brief activity to the FTZ Board on behalf of all appointments to the Committee. To description of the manner in which The Woodbridge Group, within Site 10, ensure that the recommendations of the international trade affects the entity and in El Paso, Texas. Committee have taken into account the why the applicant should be considered The notification was processed in needs of the diverse groups served by for membership. Forms may also be accordance with the regulations of the USDA, membership shall include to the requested by sending an email to FTZ Board (15 CFR part 400), including extent possible, individuals with [email protected], or by phone at notice in the Federal Register inviting demonstrated ability to represent (202) 720–1277. public comment (84 FR 3758–3759, minorities, women, and persons with Federally Registered Lobbyists: All February 13, 2019). On June 6, 2019, the disabilities. Members should have nominees must provide a statement applicant was notified of the FTZ expertise and knowledge of agricultural confirming their lobbyist status. Board’s decision that no further review trade as it relates to policy and Pursuant to the Revised Guidance on of the activity is warranted at this time. commodity specific issues. Members the Appointment of Lobbyists to Federal The FTZ Board authorized the will normally come from an entity with Advisory Committees, Boards and production activity described in the an interest in agriculture, and will serve Commissions, published by the Office of notification, subject to the FTZ Act and as a Representative, presenting the Management and Budget (OMB) on the Board’s regulations, including views and interests of a particular U.S. August 13, 2014, federally-registered Section 400.14. Given the applicant’s entity that has an interest in the subject lobbyists are no longer prohibited from commitment in its notification, the matter of the committee. serving on the advisory committees in a following must be admitted to the However, should a member be representative capacity. OMB’s revised subzone in privileged foreign status (19 appointed primarily for his or her guidance clarifies that the eligibility CFR 146.41): Vinyl coated fabric with expertise, and not as a representative of restriction does not apply to advisory polyvinyl chloride; woven polyester an interest group, he or she shall be committee members who are fabric yarn dyed and coated with designated as a Special Government specifically appointed to represent the polyurethane; synthetic leather rolls;

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27233

vinyl leather imitation; artificial leather Bahar Safwa General Trading, P.O. Box denied persons Blue Airways, of cloth; sheets of plastics—cellular— 113212, Citadel Tower, Floor-5, Office Yerevan, Armenia (‘‘Blue Airways of polyvinyl chloride fabric of man-made #504, Business Bay, Dubai, United Arab Armenia’’), as well as the ‘‘Balli Group fibers; sheets of plastics—non-cellular— Emirates, and P.O. Box 8709, Citadel Respondents,’’ namely, Balli Group Tower, Business Bay, Dubai, United Arab polyvinyl chloride; sheets of plastics— Emirates; PLC, Balli Aviation, Balli Holdings, cellular—100% plastic; rolls of cotton Sky Blue Bird Group, a/k/a Sky Blue Bird Vahid Alaghband, Hassan Alaghband, fabric coated with polyvinyl chlorides; Aviation, a/k/a Sky Blue Bird Ltd, a/k/a Blue Sky One Ltd., Blue Sky Two Ltd., fabric of man-made fibers coated with Sky Blue Bird FZC, P.O. Box 16111, Ras Al Blue Sky Three Ltd., Blue Sky Four Ltd., over 70% plastic; fabric of man-made Khaimah Trade Zone, United Arab Blue Sky Five Ltd., and Blue Sky Six fibers coated with under 70% plastic; Emirates; Ltd., all of the United Kingdom. The sheets of plastics—cellular—polyvinyl Issam Shammout, a/k/a Muhammad Isam order was issued ex parte pursuant to chloride—over 70% plastic combined Muhammad, Anwar Nur Shammout, a/k/a Section 766.24(a) of the Regulations, with 65/35 poly cotton fabrics; sheets of Issam Anwar, Philips Building, 4th Floor, and went into effect on March 21, 2008, Al Fardous Street, Damascus, Syria, and Al plastics—cellular—of other plastics; Kolaa, Beirut, Lebanon 151515, and 17–18 the date it was published in the Federal woven synthetic fabric rolls 100% for Margaret Street, 4th Floor, London, W1W Register. automotive industry; polyvinyl chloride 8RP, United Kingdom, and Cumhuriyet This temporary denial order (‘‘TDO’’) leather; 100% polyester knit fabrics; Mah. Kavakli San St. Fulya, Cad. Hazar was renewed in accordance with and, knitted polyester fabric 100% Sok. No.14/A Silivri, Istanbul, Turkey Section 766.24(d) of the Regulations.2 Subsequent renewals also have issued (circular knit). Pursuant to Section 766.24 of the pursuant to Section 766.24(d), including Dated: June 6, 2019. Export Administration Regulations, 15 most recently on December 11, 2018.3 Andrew McGilvray, CFR parts 730–774 (2019, (‘‘EAR’’ or Some of the renewal orders and the ‘‘the Regulations’’), I hereby grant the Executive Secretary. modification orders that have issued request of the Office of Export [FR Doc. 2019–12390 Filed 6–11–19; 8:45 am] between renewals have added certain Enforcement (‘‘OEE’’) to renew the BILLING CODE 3510–DS–P parties as respondents or as related temporary denial order issued in this persons, or effected the removal of matter on December 11, 2018. I find that certain parties.4 DEPARTMENT OF COMMERCE renewal of this order, as modified, is

necessary in the public interest to 2 Bureau of Industry and Security Section 766.24(d) provides that BIS may seek prevent an imminent violation of the renewal of a temporary denial order for additional Regulations.1 180-day renewal periods, if it believes that renewal Order Renewing Order Temporarily is necessary in the public interest to prevent an Denying Export Privileges I. Procedural History imminent violation. Renewal requests are to be made in writing no later than 20 days before the On March 17, 2008, Darryl W. Mahan Airways, Mahan Tower, No. 21, scheduled expiration date of a temporary denial Azadegan St., M.A. Jenah Exp. Way, Jackson, the then-Assistant Secretary of order. Renewal requests may include discussion of Tehran, Iran; Commerce for Export Enforcement any additional or changed circumstances, and may Pejman Mahmood Kosarayanifard, a/k/a (‘‘Assistant Secretary’’), signed an order seek appropriate modifications to the order, including the addition of parties as respondents or Kosarian Fard, P.O. Box 52404, Dubai, denying Mahan Airways’ export related persons, or the removal of parties previously United Arab Emirates; privileges for a period of 180 days on added as respondents or related persons. BIS is not Mahmoud Amini, G#22 Dubai Airport Free the ground that issuance of the order required to seek renewal as to all parties, and a Zone, P.O. Box 393754, Dubai, United Arab was necessary in the public interest to removal of a party can be effected if, without more, Emirates, and P.O. Box 52404, Dubai, BIS does not seek renewal as to that party. Any United Arab Emirates, and Mohamed prevent an imminent violation of the party included or added to a temporary denial order Abdulla Alqaz Building, Al Maktoum Regulations. The order also named as as a respondent may oppose a renewal request as Street, Al Rigga, Dubai, United Arab set forth in Section 766.24(d). Parties included or Emirates; 1 The Regulations, currently codified at 15 CFR added as related persons can at any time appeal Kerman Aviation, a/k/a GIE Kerman parts 730–774 (2019), originally issued pursuant to their inclusion as a related person, but cannot the Export Administration Act (50 U.S.C. 4601– challenge the underlying temporary denial order, Aviation, 42 Avenue Montaigne 75008, either as initially issued or subsequently renewed, Paris, France; 4623 (Supp. III 2015) (‘‘EAA’’), which lapsed on August 21, 2001. The President, through Executive and cannot oppose a renewal request. See also note Sirjanco Trading LLC, P.O. Box 8709, Dubai, Order 13222 of August 17, 2001 (3 CFR, 2001 4, infra. United Arab Emirates; Comp. 783 (2002)), which has been extended by 3 The December 11, 2018 renewal order was Mahan Air General Trading LLC, 19th Floor successive Presidential Notices, the most recent effective upon issuance and published in the Al Moosa Tower One, Sheik Zayed Road, being that of August 8, 2018 (83 FR 39,871 (Aug. Federal Register on December 17, 2018 (83 FR Dubai 40594, United Arab Emirates; 13, 2018)), continued the Regulations in effect 64,518). Prior renewal orders issued on September Mehdi Bahrami, Mahan Airways- Istanbul under the International Emergency Economic 17, 2008, March 16, 2009, September 11, 2009, Office, Cumhuriye Cad. Sibil Apt No: 101 Powers Act (50 U.S.C. 1701, et seq. (2012)) March 9, 2010, September 3, 2010, February 25, D:6, 34374 Emadad, Sisli Istanbul, Turkey; (‘‘IEEPA’’). On August 13, 2018, the President 2011, August 24, 2011, February 15, 2012, August Al Naser Airlines, a/k/a al-Naser Airlines, a/ signed into law the John S. McCain National 9, 2012, February 4, 2013, July 31, 2013, January 24, 2014, July 22, 2014, January 16, 2015, July 13, 2015, k/a Al Naser Wings Airline, a/k/a Alnaser Defense Authorization Act for Fiscal Year 2019, which includes the Export Control Reform Act of January 7, 2016, July 7, 2016, December 30, 2016, Airlines and Air Freight Ltd., Home 46, Al- 2018, Title XVII, Subtitle B of Pub. L. 115–232, 132 June 27, 2017, December 20, 2017, and June 14, Karrada, Babil Region, District 929, St 21, Stat. 2208 (‘‘ECRA’’). While Section 1766 of ECRA 2018, respectively. The August 24, 2011 renewal Beside Al Jadirya Private Hospital, repeals the provisions of the EAA (except for three followed the issuance of a modification order that Baghdad, Iraq, and Al Amirat Street, sections which are inapplicable here), Section 1768 issued on July 1, 2011, to add Zarand Aviation as Section 309, St. 3/H.20, Al Mansour, of ECRA provides, in pertinent part, that all orders, a respondent. The July 13, 2015 renewal followed Baghdad, Iraq, and P.O. Box 28360, Dubai, rules, regulations, and other forms of administrative a modification order that issued May 21, 2015, and United Arab Emirates, and P.O. Box action that were made or issued under the EAA, added Al Naser Airlines, Ali Abdullah Alhay, and 911399, Amman 11191, Jordan; including as continued in effect pursuant to IEEPA, Bahar Safwa General Trading as respondents. Each of the renewal orders and each of the modification Ali Abdullah Alhay, a/k/a Ali Alhay, a/k/a and were in effect as of ECRA’s date of enactment (August 13, 2018), shall continue in effect according orders referenced in this footnote or elsewhere in Ali Abdullah Ahmed Alhay, Home 46, Al- to their terms until modified, superseded, set aside, this order has been published in the Federal Karrada, Babil Region, District 929, St 21, or revoked through action undertaken pursuant to Register. Beside Al Jadirya Private Hospital, the authority provided under ECRA. Moreover, 4 Pursuant to Sections 766.23 and 766.24(c) of the Baghdad, Iraq, and Anak Street, Qatif, Section 1761(a)(5) of ECRA authorizes the issuance Regulations, any person, firm, corporation, or Saudi Arabia 61177; of temporary denial orders. Continued

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27234 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

The September 11, 2009 renewal alia, obtain aircraft subject to the II. Renewal of the TDO order continued the denial order as to Regulations for export or reexport to A. Legal Standard Mahan Airways, but not as to the Balli Mahan in violation of the Regulations Group Respondents or Blue Airways of and the TDO. Pursuant to Section 766.24, BIS may Armenia.5 As part of the February 25, Sky Blue Bird Group and its chief issue or renew an order temporarily 2011 renewal order, Pejman Mahmood executive officer, Issam Shammout, denying a respondent’s export privileges Kosarayanifard (a/k/a Kosarian Fard), were added as related persons as part of upon a showing that the order is Mahmoud Amini, and Gatewick LLC (a/ the July 13, 2015 renewal order.8 On necessary in the public interest to k/a Gatewick Freight and Cargo November 16, 2017, a modification prevent an ‘‘imminent violation’’ of the Services, a/k/a Gatewick Aviation order issued to remove Ali Eslamian, Regulations. 15 CFR 766.24(b)(1) and Services) were added as related persons Equipco (UK) Ltd., and Skyco (UK) Ltd. 766.24(d). ‘‘A violation may be to prevent evasion of the TDO.6 A as related persons following a request by ‘imminent’ either in time or degree of modification order issued on July 1, OEE for their removal.9 likelihood.’’ 15 CFR 766.24(b)(3). BIS 2011, adding Zarand Aviation as a The December 11, 2018 renewal order may show ‘‘either that a violation is respondent in order to prevent an continued the denial of the export about to occur, or that the general imminent violation.7 privileges of Mahan Airways, Pejman circumstances of the matter under As part of the August 24, 2011 Mahmood Kosarayanifard, Mahmoud investigation or case under criminal or renewal, Kerman Aviation, Sirjanco Amini, Kerman Aviation, Sirjanco administrative charges demonstrate a Trading LLC, and Ali Eslamian were Trading LLC, Mahan Air General likelihood of future violations.’’ Id. As added as related persons. Mahan Air Trading LLC, Mehdi Bahrami, Al Naser to the likelihood of future violations, General Trading LLC, Equipco (UK) Airlines, Ali Abdullah Alhay, Bahar BIS may show that the violation under Ltd., and Skyco (UK) Ltd. were added as Safwa General Trading, Sky Blue Bird investigation or charge ‘‘is significant, related persons by a modification order Group, and Issam Shammout. deliberate, covert and/or likely to occur issued on April 9, 2012. Mehdi Bahrami On May 16, 2019, BIS, through OEE, again, rather than technical or negligent was added as a related person as part of submitted a written request for renewal [.]’’ Id. A ‘‘lack of information of the TDO that issued on December 11, the February 4, 2013 renewal order. establishing the precise time a violation 2018. The written request was made On May 21, 2015, a modification may occur does not preclude a finding more than 20 days before the TDO’s order issued adding Al Naser Airlines, that a violation is imminent, so long as scheduled expiration. Notice of the Ali Abdullah Alhay, and Bahar Safwa there is sufficient reason to believe the renewal request was provided to Mahan likelihood of a violation.’’ Id. General Trading as respondents. As Airways, Al Naser Airlines, Ali detailed in that order and discussed B. The TDO and BIS’s Request for Abdullah Alhay, and Bahar Safwa further infra, these respondents were Renewal General Trading in accordance with added to the TDO based upon evidence Sections 766.5 and 766.24(d) of the OEE’s request for renewal is based that they were acting together to, inter Regulations. No opposition to the upon the facts underlying the issuance renewal of the TDO has been received. of the initial TDO, and the renewal and business organization related to a denied person by affiliation, ownership, control, or position of Furthermore, no appeal of the related modification orders subsequently issued responsibility in the conduct of trade or related person determinations made as part of in this matter, including the May 21, services may be added as a ‘‘related person’’ to a the September 3, 2010, February 25, 2015 modification order and the temporary denial order to prevent evasion of the 2011, August 24, 2011, April 9, 2012, renewal order issued on December 11, order. February 4, 2013, and July 13, 2015 2018, and the evidence developed over 5 Balli Group PLC and Balli Aviation settled proposed BIS administrative charges as part of a renewal or modification orders has been the course of this investigation, which settlement agreement that was approved by a made by Kosarian Fard, Mahmoud indicate a blatant disregard of U.S. settlement order issued on February 5, 2010. The Amini, Kerman Aviation, Sirjanco export controls and the TDO. The initial sanctions imposed pursuant to that settlement and Trading LLC, Mahan Air General TDO was issued as a result of evidence order included, inter alia, a $15 million civil penalty and a requirement to conduct five external Trading LLC, Mehdi Bahrami, Sky Blue that showed that Mahan Airways and audits and submit related audit reports. The Balli Bird Group, or Issam Shammout.10 other parties engaged in conduct Group Respondents also settled related charges prohibited by the EAR by knowingly re- with the Department of Justice and the Treasury 8 The U.S. Department of the Treasury’s Office of exporting to Iran three U.S.-origin Department’s Office of Foreign Assets Control. Foreign Assets Control (‘‘OFAC’’) designated Sky 6 aircraft, specifically Boeing 747s See note 4, supra, concerning the addition of Blue Bird and Issam Shammout as Specially (‘‘Aircraft 1–3’’), items subject to the related persons to a temporary denial order. Designated Global Terrorists (‘‘SDGTs’’) on May 21, Kosarian Fard and Mahmoud Amini remain parties 2015, pursuant to Executive Order 13224, for EAR and classified under Export to the TDO. On August 13, 2014, BIS and Gatewick ‘‘providing support to Iran’s Mahan Air.’’ See 80 FR Control Classification Number resolved administrative charges against Gatewick, 30762 (May 29, 2015). (‘‘ECCN’’) 9A991.b, without the required including a charge for acting contrary to the terms 9 The November 16, 2017 modification was U.S. Government authorization. Further of a BIS denial order (15 CFR 764.2(k)). In addition published in the Federal Register on December 4, to the payment of a civil penalty, the settlement 2017. See 82 FR 57,203 (Dec. 4, 2017). On evidence submitted by BIS indicated includes a seven-year denial order. The first two September 28, 2017, BIS and Ali Eslamian resolved that Mahan Airways was involved in the years of the denial period were active, with the an administrative charge for acting contrary to the attempted re-export of three additional remaining five years suspended conditioned upon terms of the denial order (15 CFR 764.2(k)) that was U.S.-origin Boeing 747s (‘‘Aircraft 4–6’’) Gatewick’s full and timely payment of the civil based upon Eslamian’s violation of the TDO after penalty and its compliance with the Regulations his addition to the TDO on August 24, 2011. to Iran. during the seven-year denial order period. This Equipco (UK) Ltd. and Skyco (UK) Ltd., two As discussed in the September 17, denial order, in effect, superseded the TDO as to companies owned and operated by Eslamian, also 2008 renewal order, evidence presented Gatewick, which was not included as part of the were parties to settlement agreement and were by BIS indicated that Aircraft 1–3 January 16, 2015 renewal order. The Gatewick LLC added to the settlement order as related persons. In Final Order was published in the Federal Register addition to other sanctions, the settlement provides continued to be flown on Mahan on August 20, 2014. See 79 FR 49283 (Aug. 20, that Eslamian, Equipco, and Skyco shall be subject Airways’ routes after issuance of the 2014). to a conditionally-suspended denial order for a 7 Zarand Aviation’s export privileges remained period of four years from the date of the settlement underlying temporary denial order, but may file an denied until July 22, 2014, when it was not order. appeal of the related person determination in included as part of the renewal order issued on that 10 A party named or added as a related person accordance with Section 766.23(c). See also note 2, date. may not oppose the issuance or renewal of the supra.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27235

TDO, in violation of the Regulations and Regulations, by transporting and/or and August 24, 2011 orders, these the TDO itself.11 It also showed that forwarding the computer motherboards Airbus A310s were registered in France, Aircraft 1–3 had been flown in further from the UAE to Iran. Mahan Airways’ with tail numbers F–OJHH and F–OJHI, violation of the Regulations and the violations were facilitated by Gatewick respectively.15 TDO on the routes of Iran Air, an LLC, which not only participated in the The August 2012 renewal order also Iranian Government airline. Moreover, transaction, but also has stated to BIS found that Mahan Airways had acquired as discussed in the March 16, 2009, that it acted as Mahan Airways’ sole another Airbus A310 aircraft subject to September 11, 2009 and March 9, 2010 booking agent for cargo and freight the Regulations, with MSN 499 and renewal orders, Mahan Airways forwarding services in the UAE. Iranian tail number EP–VIP, in violation registered Aircraft 1–3 in Iran, obtained Moreover, in a January 24, 2011 filing of the TDO and the Regulations.16 On Iranian tail numbers for them (EP–MNA, in the U.K. court, Mahan Airways September 19, 2012, all three Airbus EP–MNB, and EP–MNE, respectively), asserted that Aircraft 1–3 were not being A310 aircraft (tail numbers F–OJHH, F– and continued to operate at least two of used, but stated in pertinent part that OJHI, and EP–VIP) were designated as them in violation of the Regulations and the aircraft were being maintained in SDGTs.17 the TDO,12 while also committing an Iran especially ‘‘in an airworthy The February 4, 2013 renewal order additional knowing and willful condition’’ and that, depending on the laid out further evidence of continued violation when it negotiated for and outcome of its U.K. court appeal, the and additional efforts by Mahan acquired an additional U.S.-origin aircraft ‘‘could immediately go back into Airways and other persons acting in aircraft. The additional acquired aircraft service . . . on international routes into concert with Mahan, including Kral was an MD–82 aircraft, which and out of Iran.’’ Mahan Airways’ Aviation and another Turkish company, subsequently was painted in Mahan January 24, 2011 submission to U.K. to procure U.S.-origin engines—two GE Airways’ livery and flown on multiple Court of Appeal, at p. 25, ¶¶ 108, 110. CF6–50C2 engines, with MSNs 517621 Mahan Airways’ routes under tail This clearly stated intent, both on its and 517738, respectively—and other number TC–TUA. own and in conjunction with Mahan aircraft parts in violation of the TDO 18 The March 9, 2010 renewal order also Airways’ prior misconduct and and the Regulations. The February 4, noted that a court in the United statements, demonstrated the need to 2013 order also added Mehdi Bahrami Kingdom (‘‘U.K.’’) had found Mahan renew the TDO in order to prevent as a related person in accordance with Airways in contempt of court on imminent future violations. Two of Section 766.23 of the Regulations. February 1, 2010, for failing to comply these three 747s subsequently were Bahrami, a Mahan Vice-President and with that court’s December 21, 2009 and removed from Iran and are no longer in January 12, 2010 orders compelling Mahan Airways’ possession. The third under ECCN 9A991.b. The export or reexport of Mahan Airways to remove the Boeing these aircraft to Iran requires U.S. Government of these 747s, with Manufacturer’s authorization pursuant to Sections 742.8 and 746.7 747s from Iran and ground them in the Serial Number (‘‘MSN’’) 23480 and of the Regulations. Netherlands. Mahan Airways and the Iranian tail number EP–MNE, remained 15 OEE subsequently presented evidence that after Balli Group Respondents had been the August 24, 2011 renewal, Mahan Airways in Iran under Mahan’s control. Pursuant worked along with Kerman Aviation and others to litigating before the U.K. court to Executive Order 13224, it was concerning ownership and control of de-register the two Airbus A310 aircraft in France designated a Specially Designated and to register both aircraft in Iran (with, Aircraft 1–3. In a letter to the U.K. court Global Terrorist (‘‘SDGT’’) by the U.S. respectively, Iranian tail numbers EP–MHH and dated January 12, 2010, Mahan Airways’ Department of the Treasury’s Office of EP–MHI). It was determined subsequent to the Chairman indicated, inter alia, that February 15, 2012 renewal order that the Foreign Assets Control (‘‘OFAC’’) on Mahan Airways opposes U.S. registration switch for these A310s was cancelled September 19, 2012.13 Furthermore, as and that Mahan Airways then continued to fly the Government actions against Iran, that it discussed in the February 4, 2013 Order, aircraft under the original French tail numbers (F– continued to operate the aircraft on its OJHH and F–OJHI, respectively). Both aircraft open source information indicated that routes in and out of Tehran (and had apparently remain in Mahan Airways’ possession. this 747, painted in the livery and logo 16 158,000 ‘‘forward bookings’’ for these See note 14, supra. of Mahan Airways, had been flown 17 See http://www.treasury.gov/resource-center/ aircraft), and that it wished to continue between Iran and Syria, and was sanctions/OFAC-Enforcement/pages/ to do so and would pay damages if suspected of ferrying weapons and/or 20120919.aspx. Mahan Airways was previously required by that court, rather than designated by OFAC as a SDGT on October 18, other equipment to the Syrian ground the aircraft. 2011. 77 FR 64,427 (October 18, 2011). The September 3, 2010 renewal order Government from Iran’s Islamic 18 Kral Aviation was referenced in the February discussed the fact that Mahan Airways’ Revolutionary Guard Corps. 4, 2013 renewal order as ‘‘Turkish Company No. 1.’’ In addition, as first detailed in the Kral Aviation purchased a GE CF6–50C2 aircraft violations of the TDO extended beyond engine (MSN 517621) from the United States in July operating U.S.-origin aircraft and July 1, 2011 and August 24, 2011 orders, 2012, on behalf of Mahan Airways. OEE was able attempting to acquire additional U.S.- and discussed in subsequent renewal to prevent this engine from reaching Mahan by issuing a redelivery order to the freight forwarder origin aircraft. In February 2009, while orders in this matter, Mahan Airways also continued to evade U.S. export in accordance with Section 758.8 of the subject to the TDO, Mahan Airways Regulations. OEE also issued Kral Aviation a participated in the export of computer control laws by operating two Airbus redelivery order for the second CF6–50C2 engine motherboards, items subject to the A310 aircraft, bearing Mahan Airways’ (MSN 517738) on July 30, 2012. The owner of the second engine subsequently cancelled the item’s Regulations and designated as EAR99, livery and logo, on flights into and out 14 sale to Kral Aviation. In September 2012, OEE was from the United States to Iran, via the of Iran. At the time of the July 1, 2011 alerted by a U.S. exporter that another Turkish United Arab Emirates (‘‘UAE’’), in company (‘‘Turkish Company No. 2’’) was 13 See http://www.treasury.gov/resource-center/ attempting to purchase aircraft spare parts intended violation of both the TDO and the sanctions/OFAC-Enforcement/pages/ for re-export by Turkish Company No. 2 to Mahan 20120919.aspx. Airways. See February 4, 2013 renewal order. 11 Engaging in conduct prohibited by a denial 14 The Airbus A310s are powered with U.S.-origin On December 31, 2013, Kral Aviation was added order violates the Regulations. 15 CFR 764.2(a) and engines. The engines are subject to the EAR and to BIS’s Entity List, Supplement No. 4 to Part 744 (k). classified under Export Control Classification of the Regulations. See 78 FR 75458 (Dec. 12, 2013). 12 The third Boeing 747 appeared to have (‘‘ECCN’’) 9A991.d. The Airbus A310s contain Companies and individuals are added to the Entity undergone significant service maintenance and may controlled U.S.-origin items valued at more than 10 List for engaging in activities contrary to the not have been operational at the time of the March percent of the total value of the aircraft and as a national security or foreign policy interests of the 9, 2010 renewal order. result are subject to the EAR. They are classified United States. See 15 CFR 744.11.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27236 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

the head of Mahan’s Istanbul Office, Regulations—including, among other aircraft was registered under Iranian tail also was involved in Mahan’s items, a vertical navigation gyroscope, a number EP–MMB and had been painted acquisition of the original three Boeing transmitter, and a power control unit— in the livery and logo of Mahan 747s (Aircraft 1–3) that resulted in the being transported by Mahan from Airways. original TDO, and has had a business Turkey to Iran in violation of the TDO. The January 16, 2015 renewal order relationship with Mahan dating back to The July 22, 2014 renewal order also described related efforts by the 1997. discussed open source evidence from Departments of Justice and Treasury to The July 31, 2013 renewal order the March-June 2014 time period further thwart Mahan’s illicit detailed additional evidence obtained regarding two BAE regional jets, items procurement efforts. Specifically, on by OEE showing efforts by Mahan subject to the Regulations, that were August 14, 2014, the United States Airways to obtain another GE CF6–50C2 painted in the livery and logo of Mahan Attorney’s Office for the District of aircraft engine (MSN 528350) from the Airways and operating under Iranian Maryland filed a civil forfeiture United States via Turkey. Multiple tail numbers EP–MOI and EP–MOK, complaint for the IRU pursuant to 22 Mahan employees, including Mehdi respectively.20 In addition, aviation U.S.C. 401(b) that resulted in the court Bahrami, were involved in or aware of industry resources indicated that these issuing an Order of Forfeiture on matters related to the engine’s arrival in aircraft were obtained by Mahan December 2, 2014. EP–MMB remains Turkey from the United States, plans to Airways in late November 2013 and listed as active in Mahan Airways’ fleet visually inspect the engine, and prepare June 2014, from Ukrainian and has been used on flights into and it for shipment from Turkey. Mediterranean Airline, a Ukrainian out of Iran as recently as December 19, Mahan Airways sought to obtain this airline that was added to BIS’s Entity 2017. U.S.-origin engine through Pioneer List (Supplement No. 4 to Part 744 of Additionally, on August 29, 2014, Logistics Havacilik Turizm Yonetim the Regulations) on August 15, 2011, for OFAC blocked the property and Danismanlik (‘‘Pioneer Logistics’’), an acting contrary to the national security interests in property of Asian Aviation aircraft parts supplier located in Turkey, and foreign policy interests of the Logistics of Thailand, a Mahan Airways and its director/operator, Gulnihal United States.21 Open source affiliate or front company, pursuant to Yegane, a Turkish national who information indicated that at least EP– Executive Order 13224. In doing so, previously had conducted Mahan MOI remained active in Mahan’s fleet, OFAC described Mahan Airways’ use of related business with Mehdi Bahrami and that the aircraft was being operated Asian Aviation Logistics to evade and Ali Eslamian. Moreover, as on multiple flights in July 2014. sanctions by making payments on behalf referenced in the July 31, 2013 renewal of Mahan for the purchase of engines The January 16, 2015 renewal order 22 order, a sworn affidavit by Kosol detailed evidence of additional attempts and other equipment. The May 21, 2015 modification order Surinanda, also known as Kosol by Mahan Airways to acquire items detailed the acquisition of two aircraft, Surinandha, Managing Director of subject the Regulations in further specifically an Airbus A340 bearing Mahan’s General Sales Agent in violation of the TDO. Specifically, in Thailand, stated that the shares of MSN 164 and an Airbus A321 bearing March 2014, OEE became aware of an MSN 550, that were purchased by Al Pioneer Logistics for which he was the inertial reference unit bearing serial Naser Airlines in late 2014/early 2015 listed owner were ‘‘actually the property number 1231 (‘‘the IRU’’) that had been and were under the possession, control, of and owned by Mahan.’’ He further sent to the United States for repair. The and/or ownership of Mahan Airways.23 stated that he held ‘‘legal title to the IRU is subject to the Regulations, The sales agreements for these two shares until otherwise required by classified under ECCN 7A103, and aircraft were signed by Ali Abdullah Mahan’’ but would ‘‘exercise the rights controlled for missile technology Alhay for Al Naser Airlines.24 Payment granted to [him] exactly and only as reasons. Upon closer inspection, it was information reveals that multiple instructed by Mahan and [his] vote and/ determined that IRU came from or had electronic funds transfers (‘‘EFT’’) were or decisions [would] only and been installed on an Airbus A340 made by Ali Abdullah Alhay and Bahar exclusively reflect the wills and aircraft bearing MSN 056. Further 19 Safwa General Trading in order to demands of Mahan[.]’’ investigation revealed that as of acquire MSNs 164 and 550. The May 21, The January 24, 2014 renewal order approximately February 2014, this outlined OEE’s continued investigation 22 See http://www.treasury.gov/resource-center/ of Mahan Airways’ activities and 20 The BAE regional jets are powered with U.S.- sanctions/OFAC-Enforcement/Pages/ detailed an attempt by Mahan, which origin engines. The engines are subject to the EAR 20140829.aspx. See 79 FR 55073 (Sep. 15, 2014). OEE thwarted, to obtain, via an and classified under ECCN 9A991.d. These aircraft OFAC also blocked the property and property contain controlled U.S.-origin items valued at more interests of Pioneer Logistics of Turkey on August Indonesian aircraft parts supplier, two than 10 percent of the total value of the aircraft and 29, 2014. Id. Mahan Airways’ use of Pioneer U.S.-origin Honeywell ALF–502R–5 as a result are subject to the EAR. They are Logistics in an effort to evade the TDO and the aircraft engines (MSNs LF5660 and classified under ECCN 9A991.b. The export or Regulations was discussed in a prior renewal order, LF5325), items subject to the reexport of these aircraft to Iran requires U.S. as summarized, supra, at 14. BIS added both Asian Government authorization pursuant to Sections Aviation Logistics and Pioneer Logistics to the Regulations, from a U.S. company 742.8 and 746.7 of the Regulations. Entity List on December 12, 2013. See 78 FR 75458 located in Texas. An invoice of the 21 See 76 FR 50407 (Aug. 15, 2011). The July 22, (Dec. 12, 2013). Indonesian aircraft parts supplier dated 2014 renewal order also referenced two Airbus 23 Both of these aircraft are powered by U.S.- March 27, 2013, listed Mahan Airways A320 aircraft painted in the livery and logo of origin engines that are subject to the Regulations Mahan Airways and operating under Iranian tail and classified under ECCN 9A991.d. Both aircraft as the purchaser of the engines and numbers EP–MMK and EP–MML, respectively. contain controlled U.S.-origin items valued at more included a Mahan ship-to address. OEE OEE’s investigation also showed that Mahan than 10 percent of the total value of the aircraft and also obtained a Mahan air waybill dated obtained these aircraft in November 2013, from as a result are subject to the EAR regardless of their March 12, 2013, listing numerous U.S.- Khors Air Company, another Ukrainian airline that, location. The aircraft are classified under ECCN like Ukrainian Mediterranean Airlines, was added 9A991.b. The export or re-export of these aircraft to origin aircraft parts subject to the to BIS’s Entity List on August 15, 2011. Open Iran requires U.S. Government authorization source evidence indicates the two Airbus A320 pursuant to Sections 742.8 and 746.7 of the 19 Pioneer Logistics, Gulnihal Yegane, and Kosol aircraft may be been transferred by Mahan Airways Regulations. Surinanda also were added to the Entity List on to another Iranian airline in October 2014, and 24 The evidence obtained by OEE showed Ali December 12, 2013. See 78 FR 75458 (Dec. 12, issued Iranian tail numbers EP–APE and EP–APF, Abdullah Alhay as a 25% owner of Al Naser 2013). respectively. Airlines.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27237

2015 modification order also laid out tracking information provided evidence previously detailed in pertinent part in evidence showing the respondents’ that at the time of the July 13, 2015 the July 13, 2015 and January 7, 2016 attempts to obtain other controlled renewal, both EP–MMH and EP–MMR renewal orders. Publicly available flight aircraft, including aircraft physically were being actively flown on routes into tracking information showed that the located in the United States in similarly- and out of Iran in violation of the TDO aircraft were operated on flights into patterned transactions during the same and Regulations.28 The January 7, 2016 and out of Iran, including from/to recent time period. Transactional renewal order discussed evidence that Beijing, China, Kuala Lumpur, Malaysia, documents involving two Airbus A320s Mahan Airways had begun actively and Istanbul, Turkey.30 bearing MSNs 82 and 99, respectively, flying EP–MMD on international routes The June 27, 2017 renewal order again showed Ali Abdullah Alhay into and out of Iran, including from/to included similar evidence regarding signing sales agreements for Al Naser Bangkok, Thailand. Additionally, the Mahan Airways’ violation of the TDO by Airlines.25 A review of the payment January 7, 2016 order described publicly operating multiple Airbus aircraft information for these aircraft similarly available aviation database and flight subject to the Regulations, including, revealed EFTs from Ali Abdullah Alhay tracking information indicating that but not limited to, aircraft procured and Bahar Safwa General Trading that Mahan Airways continued efforts to from or through Al Naser Airlines, on follow the pattern described for MSNs acquire Iranian tail numbers and press flights into and out of Iran, including 164 and 550, supra. MSNs 82 and 99 into active service under Mahan’s livery from/to Moscow, Russia, Shanghai, were detained by OEE Special Agents and logo at least two more of the Airbus China and Kabul, Afghanistan. prior to their planned export from the A340 aircraft it had obtained from or The June 27, 2017 order also detailed United States. through Al Naser Airlines: EP–MME evidence concerning a suspected The July 13, 2015 renewal order (MSN 371) and EP–MMF (MSN 376), planned or attempted diversion to outlined evidence showing that Al respectively. Since January 2016, EP– Mahan of an Airbus A340 subject to the Naser Airlines’ attempts to acquire MME has logged flights to and from Regulations that had first been aircraft on behalf of Mahan Airways Tehran, Iran involving various mentioned in OEE’s December 13, 2016 extended beyond MSNs 164 and 550 to destinations, including Guangzhou, renewal request. The December 20, 2017 renewal order include a total of nine aircraft.26 Four of China and Dubai, United Arab Emirates, presented evidence that a Mahan the aircraft, all of which are subject to in further violation of the TDO and the employee attempted to initiate the Regulations and were obtained by Regulations. negotiations with a U.S. company for Mahan from Al Naser Airlines, had been The July 7, 2016 renewal order described Mahan Airways’ acquisition the purchase of an aircraft subject to the issued the following Iranian tail of a BAE Avro RJ–85 aircraft (MSN Regulations and classified under ECCN numbers: EP–MMD (MSN 164), EP– 2392) in violation of the TDO and its 9A610. Moreover, the order highlighted MMG (MSN 383), EP–MMH (MSN 391) subsequent registration under Iranian Al Naser Airlines’ acquisition, via lease, and EP–MMR (MSN 416), tail number EP–MOR.29 This of at least possession and/or control of respectively.27 Publicly available flight information was corroborated by a Boeing 737 (MSN 25361), bearing tail publicly available information on the 25 Both aircraft were physically located in the number YR–SEB, and an Airbus A320 United States and therefore are subject to the website of Iran’s civil aviation authority. (MSN 357), bearing tail number YR– Regulations pursuant to Section 734.3(a)(1). The July 7, 2016 order also outlined SEA, from a Romanian company in Moreover, these Airbus A320s are powered by U.S.- Mahan’s continued operation of EP– violation of the TDO.31 Open source origin engines that are subject to the Regulations MMF in violation of the TDO on routes and classified under Export Control Classification information indicates that after the Number ECCN 9A991.d. The Airbus A320s contain from Tehran, Iran to Beijing, China and December 20, 2017 renewal order controlled U.S.-origin items valued at more than 10 Shanghai, China, respectively. publicly exposed Al Naser’s acquisition percent of the total value of the aircraft and as a The December 30, 2016 renewal order of these two aircraft (MSNs 25361 and result are subject to the EAR regardless of their outlined Mahan’s continued operation location. The aircraft are classified under ECCN 357), the leases were subsequently 9A991.b. The export or re-export of these aircraft to of multiple Airbus aircraft, including cancelled and the aircraft returned to Iran requires U.S. Government authorization EP–MMD (MSN 164), EP–MMF (MSN their owner. pursuant to Sections 742.8 and 746.7 of the 376), and EP–MMH (MSN 391), which The December 20, 2017 renewal order Regulations. were acquired from or through Al Naser also included evidence indicating that 26 This evidence included a press release dated Airlines in violation of the TDO, as May 9, 2015, that appeared on Mahan Airways’ Mahan Airways was continuing to website and stated that Mahan ‘‘added 9 modern operate a number of aircraft subject to aircraft to its air fleet [,]’’ and that the newly pursuant to Sections 742.8 and 746.7 of the the Regulations, including aircraft acquired aircraft included eight Airbus A340s and Regulations. originally procured from or through Al one Airbus A321. See http://www.mahan.aero/en/ 28 There is some publicly available information mahan-air/press-room/44. The press release was indicating that the aircraft Mahan Airways is flying Naser Airlines, on flights into and out subsequently removed from Mahan Airways’ under Iranian tail number EP–MMR is now MSN website. Publicly available aviation databases 615, rather than MSN 416. Both aircraft are Airbus 30 Specifically, on December 22, 2016, EP–MMD similarly showed that Mahan had obtained nine A340 aircraft that Mahan acquired from Al Naser (MSN 164) flew from Dubai, UAE to Tehran, Iran. additional aircraft from Al Naser Airlines in May Airlines in violation of the TDO and the Between December 20 and December 22, 2016, EP– 2015, including MSNs 164 and 550. As also Regulations. Moreover, both aircraft were MMF (MSN 376) flew on routes from Tehran, Iran discussed in the July 13, 2015 renewal order, Sky designated as SDGTs by OFAC on May 21, 2015, to Beijing, China and Istanbul, Turkey, respectively. Blue Bird Group, via Issam Shammout, was actively pursuant to Executive Order 13224. See 80 FR Between December 26 and December 28, 2016, EP– involved in Al Naser Airlines’ acquisition of MSNs 30762 (May 29, 2015). MMH (MSN 391) flew on routes from Tehran, Iran 164 and 550, and the attempted acquisition of 29 The BAE Avro RJ–85 is powered by U.S.-origin to Kuala Lumpur, Malaysia. MSNs 82 and 99 (which were detained by OEE). engines that are subject to the Regulations and 31 The Airbus A320 is powered with U.S.-origin 27 The Airbus A340s are powered by U.S.-origin classified under ECCN 9A991.d. The BAE Avro RJ– engines, which are subject to the EAR and classified engines that are subject to the Regulations and 85 contains controlled U.S.-origin items valued at under Export Control Classification (‘‘ECCN’’) classified under ECCN 9A991.d. The Airbus A340s more than 10 percent of the total value of the 9A991.d. The engines are valued at more than 10 contain controlled U.S.-origin items valued at more aircraft and as a result is subject to the EAR percent of the total value of the aircraft, which than 10 percent of the total value of the aircraft and regardless of its location. The aircraft is classified consequently is subject to the EAR. The aircraft is as a result are subject to the EAR regardless of their under ECCN 9A991.b, and its export or re-export to classified under ECCN 9A991.b, and its export or location. The aircraft are classified under ECCN Iran requires U.S. Government authorization reexport to Iran would require U.S. Government 9A991.b. The export or re-export of these aircraft to pursuant to Sections 742.8 and 746.7 of the authorization pursuant to Sections 742.8 and 746.7 Iran requires U.S. Government authorization Regulations. of the Regulations.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27238 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

of Iran from/to Lahore, Pakistan, subject to the EAR, including, but not Moscow, Russia, and Dubai, United Shanghai, China, Ankara, Turkey, limited to, EP–MMB, EP–MME, EP– Arab Emirates. These flights have Kabul, Afghanistan, and Baghdad, Iraq, MMF, and EP–MMQ, on international continued since the renewal request was in violation of the TDO. flights into and out of Iran from/to submitted.37 The June 14, 2018 renewal order Istanbul, Turkey, Guangzhou, China, In addition, an End-Use Check outlined evidence that Mahan began Bangkok, Thailand, and Dubai, United conducted by BIS in Malaysia in March actively operating EP–MMT, an Airbus Arab Emirates.34 It also discussed that 2019, uncovered evidence that on A340 aircraft (MSN 292) acquired in OEE’s continued investigation of Mahan approximately ten occasions, Mahan 2017 and previously registered in Airways and its affiliates had resulted in had aided and abetted the unlicensed Kazakhstan under tail number UP– an October 2018 guilty plea by Arzu export of U.S.-origin items from the A4003, on international flights into and Sagsoz, a Turkish national, in the U.S. United States to Iran via Malaysia. The out of Iran.32 It also discussed evidence District Court for the District of items are subject to the Regulations and that Mahan continued to operate a Columbia, stemming from her included helicopter shafts, transmitters, number of aircraft subject to the EAR, involvement in a conspiracy to export a and other aircraft parts, some of which including, but not limited to, EP–MME, U.S.-origin aircraft engine valued at are listed on the Commerce Control List EP–MMF, and EP–MMH, on approximately $810,000 to Mahan. and controlled on anti-terrorism international flights into and out of Iran The December 11, 2018 order also grounds. By transporting the items from from/to Beijing, China, Dubai, United noted OFAC’s September 14, 2018 Malaysia to Iran, Mahan violated the Arab Emirates, and Istanbul, Turkey. designation of Mahan-related entities as plain language of the TDO, which The June 14, 2018 renewal order also SDGTs pursuant to Executive Order specifically prohibits Mahan from, inter noted OFAC’s May 24, 2018 designation 13224, namely, My Aviation Company alia, transporting any item that is of Otik Aviation, a/k/a Otik Havacilik Limited, of Thailand, and Mahan Travel subject to the Regulations and has been Sanayi Ve Ticaret Limited Sirketi, of and Tourism SDN BHD, a/k/a Mahan exported from the United States. Turkey, as an SDGT pursuant to Travel a/k/a Mihan Travel & Tourism BIS added four parties located in the Executive Order 13224, for providing SDN BHD, of Malaysia.35 As general United Arab Emirates to the Entity List material support to Mahan, as well as sales agents for Mahan Airways, these on May 14, 2019, based in part upon OFAC’s designation as SDGTs of an companies sold cargo space aboard another procurement scheme involving additional twelve aircraft in which Mahan Airways’ flights, including on Mahan Airways. Manohar Nair and Mahan has an interest.33 The June 14, flights to Iran, and provided other Basha Asmath Shaikh and two co- 2018 order also cited the April 2018 services to or for benefit of Mahan located companies that they operate, arrest and arraignment of a U.S. citizen Airways and its operations.36 Emirates Hermes General Trading and on a three-count criminal information The May 16, 2019 renewal request Presto Freight International, LLC, were filed in the United States District Court similarly outlines on-going violations of added to the Entity List pursuant to for the District of New Jersey involving the TDO and the Regulations by Mahan Section 744.11 of the Regulations, the unlicensed exports of U.S.-origin Airways, as well as other evidence of including for engaging in activities to aircraft parts valued at over $2 million widespread efforts by Mahan and its procure U.S.-origin items on Mahan’s to Iran, including to Mahan Airways. network of agents and affiliates to behalf.38 The December 11, 2018 renewal order unlawfully procure items subject to the Finally, two other Mahan-linked detailed publicly available information Regulations. Mahan continues to entities were designated as SDGTs by showing that Mahan Airways had unlawfully operate a number of aircraft OFAC on January 24, 2019, namely, continued operating a number of aircraft subject to the EAR, including, but not Flight Travel LLC, which is Mahan’s limited to, EP–MMJ, EP–MMQ, and EP– general service agent in Yerevan, 32 The Airbus A340 is powered by U.S.-origin MNF, on international flights into and Armenia, and Qeshm Fars Air, an engines that are subject to the Regulations and out of Iran from/to Damascus, Syria, Iranian airline which operates two U.S.- classified under ECCN 9A991.d. The Airbus A340 39 contains controlled U.S.-origin items valued at origin Boeing 747s, is owned or more than 10 percent of the total value of the 34 Flight tracking information shows that on controlled by Mahan, and also is linked aircraft and as a result is subject to the EAR December 10, 2018, EP–MMB (MSN 56) flew from to the Islamic Revolutionary Guard regardless of its location. The aircraft is classified Istanbul, Turkey to Tehran, Iran, and EP–MME Corps-Qods Force (IRGC–QF).40 under ECCN 9A991.b. The export or re-export of (MSN 371) flew from Guangzhou, China to Tehran, this aircraft to Iran requires U.S. Government Iran. Additionally, on December 6, 2018, EP–MMF authorization pursuant to Sections 742.8 and 746.7 (MSN 376) flew from Bangkok, Thailand to Tehran, 37 Publicly available flight tracking information of the Regulations. On June 4, 2018, EP–MMT (MSN Iran, and on December 9, 2018, EP–MMQ (MSN shows that on May 26, 2019, EP–MMJ (MSN 526) 292) flew from Bangkok, Thailand to Tehran, Iran. 449) flew on routes between Dubai, United Arab flew from Damascus, Syria to Tehran, Iran, and on 33 See 83 FR 27,828 (June 14, 2018). OFAC’s Emirates and Tehran, Iran. May 24, 2019, EP–MNF (MSN 547) flew on routes related press release states in part that ‘‘[o]ver the 35 See 83 FR 34,301 (July 19, 2018) (designation between Moscow, Russia and Tehran, Iran. last several years, Otik Aviation has procured and of Mahan Travel and Tourism SDN BHD on July 9, Additionally, on May 23, 2019, EP–MMF (MSN delivered millions of dollars in aviation-related 2018), and 83 FR 53,359 (Oct. 22, 2018) 376) flew from Dubai, United Arab Emirates to spare and replacement parts for Mahan Air, some (designation of My Aviation Company Limited and Tehran, Iran. of which are procured from the United States and updating of entry for Mahan Travel and Tourism 38 See 84 FR 21,233 (May 14, 2019). the European Union. As recently as 2017, Otik SDN BHD on September 14, 2018). 39 These 747s are registered in Iran with tail Aviation continued to provide Mahan Air with 36 OFAC’s press release concerning its numbers EP–FAA and EP–FAB, respectively. replacement parts worth well over $100,000 per designation of My Aviation Company Limited on 40 OFAC’s press release concerning these shipment, such as aircraft brakes.’’ The twelve September 14, 2018, states in part that ‘‘[t]his designations states that Qeshm Fars Air was being additional Mahan-related aircraft that were Thailand-based company has disregarded numerous designated for ‘‘being owned or controlled by designated are: EP–MMA (MSN 20), EP–MMB U.S. warnings, issued publicly and delivered Mahan Air, as well as for assisting in, sponsoring, (MSN 56), EP–MMC (MSN 282), EP–MMJ (MSN bilaterally to the Thai government, to sever ties or providing financial, material or technological 526), EP–MMV (MSN 2079), EP–MNF (MSN 547), with Mahan Air.’’ My Aviation provides cargo support for, or financial or other services to or in EP–MOD (MSN 3162), EP–MOM (MSN 3165), EP– services to Mahan Airways, including freight support of, the IRGC–QF,’’ and Flight Travel LLC MOP (MSN 2257), EP–MOQ (MSN 2261), EP–MOR booking, and works with local freight forwarding for ‘‘acting for or on behalf of Mahan Air.’’ It further (MSN 2392), and EP–MOS (MSN 2347). See https:// entities to ship cargo on regularly-scheduled Mahan states, inter alia, that ‘‘Mahan Air employees fill home.treasury.gov/news/press-releases/sm0395. See Airways’ flights to Tehran, Iran. My Aviation has Qeshm Fars Air management positions, and Mahan also https://www.treasury.gov/resource-center/ also provided Mahan Airways with passenger Air provides technical and operational support for sanctions/OFAC-Enforcement/Pages/ booking services. See https://home.treasury.gov/ Qeshm Fars Air, facilitating the airline’s illicit 20180524.aspx. news/press-releases/sm484. operations.’’ See https://home.treasury.gov/news/

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27239

C. Findings 11191, Jordan; ALI ABDULLAH ALHAY subject to the EAR that has been or will Under the applicable standard set A/K/A ALI ALHAY A/K/A ALI be exported from the United States, forth in Section 766.24 of the ABDULLAH AHMED ALHAY, Home including financing or other support Regulations and my review of the entire 46, Al-Karrada, Babil Region, District activities related to a transaction record, I find that the evidence 929, St 21, Beside Al Jadirya Private whereby a Denied Person acquires or presented by BIS convincingly Hospital, Baghdad, Iraq, and Anak attempts to acquire such ownership, demonstrates that the denied persons Street, Qatif, Saudi Arabia 61177; possession or control; have acted in violation of the BAHAR SAFWA GENERAL TRADING, C. Take any action to acquire from or Regulations and the TDO; that such P.O. Box 113212, Citadel Tower, Floor- to facilitate the acquisition or attempted violations have been significant, 5, Office #504, Business Bay, Dubai, acquisition from a Denied Person of any deliberate and covert; and that given the United Arab Emirates, and P.O. Box item subject to the EAR that has been foregoing and the nature of the matters 8709, Citadel Tower, Business Bay, exported from the United States; D. Obtain from a Denied Person in the under investigation, there is a likelihood Dubai, United Arab Emirates; SKY United States any item subject to the of future violations. Therefore, renewal BLUE BIRD GROUP A/K/A SKY BLUE EAR with knowledge or reason to know of the TDO is necessary in the public BIRD AVIATION A/K/A SKY BLUE that the item will be, or is intended to interest to prevent imminent violation BIRD LTD A/K/A SKY BLUE BIRD FZC, be, exported from the United States; or of the Regulations and to give notice to P.O. Box 16111, Ras Al Khaimah Trade Zone, United Arab Emirates; and ISSAM E. Engage in any transaction to service companies and individuals in the any item subject to the EAR that has United States and abroad that they SHAMMOUT A/K/A MUHAMMAD ISAM MUHAMMAD ANWAR NUR been or will be exported from the should continue to cease dealing with United States and which is owned, Mahan Airways and Al Naser Airlines SHAMMOUT A/K/A ISSAM ANWAR, Philips Building, 4th Floor, Al Fardous possessed or controlled by a Denied and the other denied persons in Person, or service any item, of whatever connection with export and reexport Street, Damascus, Syria, and Al Kolaa, Beirut, Lebanon 151515, and 17–18 origin, that is owned, possessed or transactions involving items subject to controlled by a Denied Person if such the Regulations and in connection with Margaret Street, 4th Floor, London, W1W 8RP, United Kingdom, and service involves the use of any item any other activity subject to the subject to the EAR that has been or will Regulations. Cumhuriyet Mah. Kavakli San St. Fulya, Cad. Hazar Sok. No.14/A Silivri, be exported from the United States. For IV. Order Istanbul, Turkey, and when acting for or purposes of this paragraph, servicing It is therefore ordered: First, that on their behalf, any successors or means installation, maintenance, repair, MAHAN AIRWAYS, Mahan Tower, No. assigns, agents, or employees (each a modification or testing. 21, Azadegan St., M.A. Jenah Exp. Way, ‘‘Denied Person’’ and collectively the Third, that, after notice and Tehran, Iran; PEJMAN MAHMOOD ‘‘Denied Persons’’) may not, directly or opportunity for comment as provided in KOSARAYANIFARD A/K/A indirectly, participate in any way in any section 766.23 of the EAR, any other KOSARIAN FARD, P.O. Box 52404, transaction involving any commodity, person, firm, corporation, or business Dubai, United Arab Emirates; software or technology (hereinafter organization related to a Denied Person MAHMOUD AMINI, G#22 Dubai collectively referred to as ‘‘item’’) by ownership, control, position of Airport Free Zone, P.O. Box 393754, exported or to be exported from the responsibility, affiliation in the conduct Dubai, United Arab Emirates, and P.O. United States that is subject to the of trade or business may also be made Box 52404, Dubai, United Arab Export Administration Regulations subject to the provisions of this Order. Fourth, that this Order does not Emirates, and Mohamed Abdulla Alqaz (‘‘EAR’’), or in any other activity subject prohibit any export, reexport, or other Building, Al Maktoum Street, Al Rigga, to the EAR including, but not limited to: transaction subject to the EAR where the Dubai, United Arab Emirates; KERMAN A. Applying for, obtaining, or using only items involved that are subject to AVIATION A/K/A GIE KERMAN any license, license exception, or export AVIATION, 42 Avenue Montaigne control document; the EAR are the foreign-produced direct 75008, Paris, France; SIRJANCO B. Carrying on negotiations product of U.S.-origin technology. In accordance with the provisions of TRADING LLC, P.O. Box 8709, Dubai, concerning, or ordering, buying, Sections 766.24(e) of the EAR, Mahan United Arab Emirates; MAHAN AIR receiving, using, selling, delivering, Airways, Al Naser Airlines, Ali GENERAL TRADING LLC, 19th Floor Al storing, disposing of, forwarding, Abdullah Alhay, and/or Bahar Safwa Moosa Tower One, Sheik Zayed Road, transporting, financing, or otherwise General Trading may, at any time, Dubai 40594, United Arab Emirates; servicing in any way, any transaction appeal this Order by filing a full written MEHDI BAHRAMI, Mahan Airways– involving any item exported or to be statement in support of the appeal with Istanbul Office, Cumhuriye Cad. Sibil exported from the United States that is the Office of the Administrative Law Apt No: 101 D:6, 34374 Emadad, Sisli subject to the EAR, or engaging in any Judge, U.S. Coast Guard ALJ Docketing Istanbul, Turkey; AL NASER AIRLINES other activity subject to the EAR; or Center, 40 South Gay Street, Baltimore, A/K/A AL-NASER AIRLINES A/K/A AL C. Benefitting in any way from any Maryland 21202–4022. In accordance NASER WINGS AIRLINE A/K/A transaction involving any item exported with the provisions of Sections ALNASER AIRLINES AND AIR or to be exported from the United States 766.23(c)(2) and 766.24(e)(3) of the EAR, FREIGHT LTD., Home 46, Al-Karrada, that is subject to the EAR, or from any Pejman Mahmood Kosarayanifard, Babil Region, District 929, St 21, Beside other activity subject to the EAR. Mahmoud Amini, Kerman Aviation, Al Jadirya Private Hospital, Baghdad, Second, that no person may, directly Sirjanco Trading LLC, Mahan Air Iraq, and Al Amirat Street, Section 309, or indirectly, do any of the following: General Trading LLC, Mehdi Bahrami, St. 3/H.20, Al Mansour, Baghdad, Iraq, A. Export or reexport to or on behalf Sky Blue Bird Group, and/or Issam and P.O. Box 28360, Dubai, United Arab of a Denied Person any item subject to Shammout may, at any time, appeal Emirates, and P.O. Box 911399, Amman the EAR; B. Take any action that facilitates the their inclusion as a related person by press-releases/sm590. See also https:// acquisition or attempted acquisition by filing a full written statement in support www.treasury.gov/resource-center/sanctions/OFAC- a Denied Person of the ownership, of the appeal with the Office of the Enforcement/Pages/20190124.aspx. possession, or control of any item Administrative Law Judge, U.S. Coast

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27240 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Guard ALJ Docketing Center, 40 South foreign policy. Many of these certain steel nails from the People’s Gay Street, Baltimore, Maryland 21202– relaxations have taken the form of Republic of China (China). 4022. licensing exceptions and exclusions. DATES: Applicable June 12, 2019. In accordance with the provisions of Some of these license exceptions and FOR FURTHER INFORMATION CONTACT: Section 766.24(d) of the EAR, BIS may exclusions have a reporting or Susan Pulongbarit or Benito Ballesteros, seek renewal of this Order by filing a recordkeeping requirement to enable the AD/CVD Operations, Office V, written request not later than 20 days Government to continue to monitor Enforcement and Compliance, before the expiration date. A renewal exports of these items. Exporters may International Trade Administration, request may be opposed by Mahan choose to utilize the license exception U.S. Department of Commerce, 1401 Airways, Al Naser Airlines, Ali and accept the reporting or Constitution Avenue NW, Washington, Abdullah Alhay, and/or Bahar Safwa recordkeeping burden in lieu of DC 20230; telephone 202–482–4031 or General Trading as provided in Section submitting a license application. These 202–482–7425, respectively. 766.24(d), by filing a written submission exceptions and exclusions have allow SUPPLEMENTARY INFORMATION: with the Assistant Secretary of exporters to ship items quickly, without On May 29, 2019, Commerce Commerce for Export Enforcement, having to wait for license approval. published in the Federal Register the which must be received not later than These collections are designed to Amended Final Results of the 2016– seven days before the expiration date of reduce export licensing burden. It is up 2017 administrative review on the the Order. to the individual company to decide antidumping duty order on certain steel A copy of this Order shall be provided whether it is most advantageous to nails from China.1 Commerce is to Mahan Airways, Al Naser Airlines, continue to submit license applications correcting the Amended Final Results to Ali Abdullah Alhay, and Bahar Safwa or to comply with the reporting or address the misspelling of one non- General Trading and each related recordkeeping requirements and take selected respondent company name. person, and shall be published in the advantage of the licensing exception or Specifically, the company, Hebei Federal Register. exclusion. Cangzhou New Century Foreign Trade This Order is effective immediately Affected Public: Non-profit Co., Ltd., was misspelled in the and shall remain in effect for 180 days. institutions; State, local, or tribal Amended Final Results. The correct government; business or other for-profit Dated: June 5, 2019. spelling of the company’s name is listed organizations. Douglas R. Hassebrock, in this notice. As a result, the Amended Frequency: On Occasion. Director, Office of Export Enforcement Final Results are being corrected. Respondent’s Obligation: Voluntary. performing the non-exclusive functions and This correction to the Federal This information collection request duties of the Assistant Secretary of Commerce Register notice is issued and published may be viewed at reginfo.gov http:// for Export Enforcement. in accordance with section 777(i)(1) of www.reginfo.gov/public/. Follow the [FR Doc. 2019–12396 Filed 6–11–19; 8:45 am] the Tariff Act of 1930, as amended. BILLING CODE P instructions to view Department of Commerce collections currently under Dated: June 6, 2019. review by OMB. Christian Marsh, DEPARTMENT OF COMMERCE Written comments and Deputy Assistant Secretary for Enforcement recommendations for the proposed and Compliance. Bureau of Industry and Security information collection should be sent [FR Doc. 2019–12391 Filed 6–11–19; 8:45 am] within 30 days of publication of this BILLING CODE 3510–DS–P Submission for OMB Review; notice to OIRA_Submission@ Comment Request omb.eop.gov. DEPARTMENT OF COMMERCE The Department of Commerce will Sheleen Dumas, submit to the Office of Management and Departmental Lead PRA Officer, Office of the International Trade Administration Budget (OMB) for clearance the Chief Information Officer, Commerce following proposal for collection of Department. [C–533–886] information under the provisions of the [FR Doc. 2019–12355 Filed 6–11–19; 8:45 am] Polyester Textured Yarn From India: Paperwork Reduction Act (44 U.S.C. BILLING CODE 3510–33–P Amended Preliminary Determination of Chapter 35). Agency: Bureau of Industry and Countervailing Duty Determination Security. DEPARTMENT OF COMMERCE AGENCY: Enforcement and Compliance, Title: License Exemptions and International Trade Administration, Exclusions. International Trade Administration Department of Commerce. Form Number: N/A. [A–570–909] SUMMARY: The Department of Commerce OMB Control Number: 0694–0137. (Commerce) is amending the Type of Review: Regular submission. Certain Steel Nails From the People’s preliminary determination in the Estimated Total Annual Burden Republic of China: Notice of countervailing duty investigation of Hours: 29,998. Correction of the Amended Final polyester textured yarn from India to Estimated Number of Respondents: Results of Antidumping Duty correct a significant ministerial error. 19,738. Administrative Review; 2016–2017 Estimated Time per Response: 1.52 DATES: Applicable June 12, 2019. hours. AGENCY: Enforcement and Compliance, FOR FURTHER INFORMATION CONTACT: Needs and Uses: Over the years, BIS International Trade Administration, Janae Martin or Jesus Saenz, AD/CVD has worked with other Government Department of Commerce. agencies and the affected public to SUMMARY: The Department of Commerce 1 See Certain Steel Nails from the People’s Republic of China: Amended Final Results of identify areas where export licensing (Commerce) is correcting the amended Antidumping Duty Administrative Review; 2016– requirements may be relaxed without final results of the administrative review 2017, 84 FR 24751 (May 29, 2019) (Amended Final jeopardizing U.S. national security or of the antidumping duty order on Result).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27241

Operations, Office VIII, Enforcement determination according to 19 CFR Amended Preliminary Determination and Compliance, International Trade 351.224(e). A ministerial error is Administration, U.S. Department of defined in 19 CFR 351.224(f) as ‘‘an Weighted- Commerce, 1401 Constitution Avenue Exporter/producer average error in addition, subtraction, or other margin NW, Washington, DC, 20230; telephone: arithmetic function, clerical error (202) 482–0238 or (202) 482–8184, resulting from inaccurate copying, All-Others ...... 7.24 respectively. duplication, or the like, and any other SUPPLEMENTARY INFORMATION: similar type of unintentional error Disclosure which the Secretary considers Background ministerial.’’ 4 A significant ministerial We intend to disclose the calculations On May 3, 2019, Commerce published error is defined as a ministerial error, performed to parties in this proceeding in the Federal Register the Preliminary the correction of which, singly or in within five days after publication of the Determination,1 and completed the combination with other errors, would notice of amended preliminary disclosure of all calculation materials to result in: (1) A change of at least five determination in the Federal Register in interested parties. From May 6 through absolute percentage points in, but not accordance with 19 CFR 351.224(b). May 13, 2019, the petitioners,2 JBF less than 25 percent of, the International Trade Commission Industries Limited (JBF), and Sanathan countervailing duty rate calculated in Notification Textile Private Limited, India the original preliminary determination; (Sanathan) timely filed ministerial error or (2) a difference between a In accordance with section 733(f) of allegations regarding the Preliminary countervailing duty rate of zero (or de the Act, we notified the International Determination.3 minimis) and a countervailing duty rate Trade Commission of our amended Period of Investigation greater than de minimis, or vice versa.5 preliminary determination. This amended preliminary The period of investigation (POI) is Amended Preliminary Determination April 1, 2017 through March 31, 2018. determination is issued and published Pursuant to 19 CFR 351.224(e) and in accordance with sections 733(f) and Scope of Investigation (g)(1), Commerce is amending the 777(i)(1) of the Act and 19 CFR The product covered by this Preliminary Determination to reflect the 351.224(e). investigation is polyester textured yarn correction of a ministerial error made in Dated: June 6, 2019. from India. For a complete description the calculation of the estimated Jeffrey I. Kessler, of the scope of this investigation, see the weighted-average all-others Assistant Secretary for Enforcement and Appendix to this notice. countervailable subsidy rate. This error Compliance. is a significant ministerial error within Analysis of Significant Ministerial Appendix I—Scope of the Investigation Error Allegations the meaning of 19 CFR 351.224(g) because the all-other’s rate decreases The merchandise covered by this Commerce will analyze any from 13.82 percent to 7.24 percent as a investigation, polyester textured yarn, is comments received and, if appropriate, result of correcting this ministerial synthetic multifilament yarn that is correct any significant ministerial error manufactured from polyester (polyethylene by amending the preliminary error, exceeding the specified threshold, i.e., a change of at least five absolute terephthalate). Polyester textured yarn is produced through a texturing process, which 1 percentage points in, but not less than See Polyester Textured Yarn from India: imparts special properties to the filaments of Preliminary Affirmative Countervailing Duty 25 percent of, the countervailable the yarn, including stretch, bulk, strength, Determination, and Alignment of Final subsidy rate calculated in the original moisture absorption, insulation, and the Determination With Final Antidumping Duty 6 Determination, 84 FR 19036 (May 3, 2019) Preliminary Determination. appearance of a natural fiber. This scope (Preliminary Determination) and accompanying Amended Cash Deposits and includes all forms of polyester textured yarn, Preliminary Decision Memorandum. regardless of surface texture or appearance, 2 Suspension of Liquidation The petitioners in this investigation are Unifi yarn density and thickness (as measured in Manufacturing, Inc. and Nan Ya Plastics Corporation, America. The collection of cash deposits and denier), number of filaments, number of 3 See Petitioners’ letter, ‘‘Countervailing Duty suspension of liquidation will be plies, finish (luster), cross section, color, dye Investigation of Polyester Textured Yarn from revised according to the rates calculated method, texturing method, or packing India—Petitioners’ Ministerial Error Allegation in this amended preliminary method (such as spindles, tubes, or beams). Concerning the Preliminary Subsidy Calculation for Excluded from the scope of this determination. Because these amended JBF Industries,’’ dated May 6, 2019 (Petitioners’ investigation is bulk continuous filament Clerical Error Comments); JBF’s letter, ‘‘CVD rates result in decreased cash deposits, yarn that: (a) Is polyester synthetic Investigation of Polyester Textured Yarn from India: the amended rate for the all-others rate Comments on Significant Ministerial Errors Found multifilament yarn; (b) has denier size ranges in Preliminary Determination Calculation for JBF,’’ will be effective retroactively to May 3, of 900 and above; (c) has turns per meter of dated May 6, 2019 (JBF’s Clerical Error Comments); 2019, the date of publication of the 40 and above; and (d) has a maximum Petitioners’ letter, ‘‘Countervailing Duty Preliminary Determination. Parties will shrinkage of 2.5 percent. Investigation of Polyester Textured Yarn from India: The merchandise subject to this Petitioners’ Ministerial Error Allegation Concerning be notified of this determination, in the Department’s Preliminary All-Others Rate accordance with section 733(d) and (f) investigation is properly classified under Calculation,’’ dated May 7, 2019 (Petitioners’ All- of the Act. subheadings 5402.33.3000 and 5402.33.6000 Others Rate Clerical Error Comments); Sanathan’s of the Harmonized Tariff Schedule of the letter, ‘‘Certain Polyester Textured Yarn from India United States (HTSUS). Although the HTSUS 4 See section 735(e) of the Tariff Act of 1930, as (C–533–886): Ministerial Error Allegation subheadings are provided for convenience Concerning the Preliminary Subsidy Rate amended (the Act). Calculation for All Others,’’ dated May 7, 2019 5 See 19 CFR 351.224(g). and customs purposes, the written (Sanathan’s Clerical Error Comments). On May 13, 6 See Memorandum, ‘‘Countervailing Duty description of the scope of the investigation 2019, Sanathan also submitted rebuttal comments, Investigation of Polyester Textured Yarn from India: is dispositive. however, pursuant to 19 CFR 351.224(c)(3), Allegations of Significant Ministerial Errors in the [FR Doc. 2019–12404 Filed 6–11–19; 8:45 am] Commerce will not consider replies to comments in Preliminary Determination,’’ dated concurrently connection with a preliminary determination. with this notice. BILLING CODE 3510–DS–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27242 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

DEPARTMENT OF COMMERCE 19 CFR 351.218(d)(3)(i).4 However, 2.25 percent of silicon, or Commerce did not receive a substantive 1.00 percent of copper, or International Trade Administration response from any government or 0.50 percent of aluminum, or [C–533–821, C–560–813] respondent interested party with respect 1.25 percent of chromium, or to the orders covered by these sunset 0.30 percent of cobalt, or Certain Hot-Rolled Carbon Steel Flat reviews. As a result, pursuant to section 0.40 percent of lead, or Products From India and Indonesia: 751(c)(3)(B) of the Act and 19 CFR 1.25 percent of nickel, or Final Results of Expedited Sunset 351.218(e)(1)(ii)(C)(2), Commerce has 0.30 percent of tungsten, or Reviews of the Countervailing Duty conducted expedited (120-day) sunset 0.10 percent of molybdenum, or Orders reviews of the Orders. 0.10 percent of niobium, or 0.15 percent of vanadium, or AGENCY: Enforcement and Compliance, Scope of the Orders 0.15 percent of zirconium. International Trade Administration, The merchandise subject to these All products that meet the physical Department of Commerce. orders is hot-rolled steel of a rectangular and chemical descriptions provided SUMMARY: Based on five-year reviews shape, with a width of 0.5 inch or above are within the scope of the orders (sunset reviews), the Department of greater, neither clad, plated, nor coated unless otherwise excluded. The Commerce (Commerce) finds that with metal and whether or not painted, following products, by way of example, revocation of the countervailing duty varnished, or coated with plastics or are outside or specifically excluded (CVD) orders on certain hot-rolled from the scope of the orders: other non-metallic substances, in coils • carbon steel flat products (hot-rolled (whether or not in successively Alloy hot-rolled steel products in steel) from India and Indonesia would superimposed layers), regardless of which at least one of the chemical be likely to lead to the continuation or thickness, and in straight lengths, of a elements exceeds those listed above recurrence of a countervailable subsidy thickness of less than 4.75 mm and of (including, 3, American Society for at the levels indicated in the ‘‘Final a width measuring at least 10 times the Testing and Materials (ASTM) Results of Review’’ section of this thickness. Universal mill plate (i.e., flat- specifications A543, A387, A514, A517, notice. rolled products rolled on four faces or A506). • Society of Automotive Engineers in a closed box pass, of a width DATES: Applicable June 12, 2019. (SAE)/American Iron & Steel Institute exceeding 150 mm, but not exceeding FOR FURTHER INFORMATION CONTACT: Jean (AISI) grades of series 2300 and higher. 1,250 mm, and of a thickness of not less Valdez, AD/CVD Operations, Office III, • Ball bearings steels, as defined in than 4 mm, not in coils and without Enforcement and Compliance, the HTSUS. patterns in relief) of a thickness not less International Trade Administration, • Tool steels, as defined in the than 4.0 mm is not included within the U.S. Department of Commerce, 1401 HTSUS. Constitution Avenue NW, Washington, scope of these orders. • Silico-manganese (as defined in the DC 20230; telephone: (202) 482–3855. Specifically included within the HTSUS) or silicon electrical steel with scope of these orders are vacuum SUPPLEMENTARY INFORMATION: a silicon level exceeding 2.25 percent. degassed, fully stabilized (commonly • ASTM specifications A710 and Background referred to as interstitial-free (IF)) steels, A736. On February 5, 2019, Commerce high strength low alloy (HSLA) steels, • USS Abrasion-resistant steels (USS initiated sunset reviews of the CVD and the substrate for motor lamination AR 400, USS AR 500). orders 1 on hot-rolled steel from India steels. IF steels are recognized as low • All products (proprietary or and Indonesia, pursuant to section carbon steels with micro-alloying levels otherwise) based on an alloy ASTM 751(c) of the Tariff Act of 1930, as of elements such as titanium or niobium specification (sample specifications: amended (the Act).2 On February 20, (also commonly referred to as ASTM A506, A507). 2019, Nucor Corporation, AK Steel columbium), or both, added to stabilize • Non-rectangular shapes, not in Corporation, ArcelorMittal USA LLC, carbon and nitrogen elements. HSLA coils, which are the result of having United States Steel Corporation, steels are recognized as steels with been processed by cutting or stamping California Steel Industries, SSAB micro-alloying levels of elements such and which have assumed the character Enterprises LLC, and Steel Dynamics, as chromium, copper, niobium, of articles or products classified outside Inc. (collectively, domestic interested vanadium, and molybdenum. The chapter 72 of the HTSUS. parties) filed timely notices of intent to substrate for motor lamination steels The merchandise subject to the orders participate, in accordance with 19 CFR contains micro-alloying levels of is classified in the HTSUS at 351.218(d)(1).3 The domestic interested elements such as silicon and aluminum. subheadings: 7208.10.15.00, parties claimed interested party status Steel products included in the scope 7208.10.30.00, 7208.10.60.00, under section 771(9)(C) of the Act. of the orders, regardless of definitions in 7208.25.30.00, 7208.25.60.00, On March 7, 2019, Commerce the Harmonized Tariff Schedule of the 7208.26.00.30, 7208.26.00.60, received adequate substantive responses United States (HTSUS), are products in 7208.27.00.30, 7208.27.00.60, from the domestic interested parties which: (i) Iron predominates, by weight, 7208.36.00.30, 7208.36.00.60, within the 30-day deadline specified in over each of the other contained 7208.37.00.30, 7208.37.00.60, elements; (ii) the carbon content is 2 7208.38.00.15, 7208.38.00.30, 1 See Notice of Amended Final Determination and percent or less, by weight; and (iii) none 7208.38.00.90, 7208.39.00.15, Notice of Countervailing Duty Orders: Certain Hot- of the elements listed below exceeds the 7208.39.00.30, 7208.39.00.90, Rolled Carbon Steel Flat Products from India and quantity, by weight, respectively Indonesia, 66 FR 60198 (December 3, 2001) 7208.40.60.30, 7208.40.60.60, (Orders). indicated: 7208.53.00.00, 7208.54.00.00, 2 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 1.80 percent of manganese, or 7208.90.00.00, 7211.14.00.90, 77 FR 1705 (February 5, 2019) (Initiation Notice). 7211.19.15.00, 7211.19.20.00, 3 See domestic interested parties’ letter, ‘‘Certain 4 See domestic interested parties’ letter, ‘‘Certain Hot-Rolled Carbon Steel Flat Products from India: Hot-Rolled Carbon Steel Flat Products from India: 7211.19.30.00, 7211.19.45.00, Notice of Intent to Participate,’’ dated February 20, Substantive Response to Notice of Initiation,’’ dated 7211.19.60.00, 7211.19.75.30, 2019. March 7, 2019 (Substantive Response). 7211.19.75.60, and 7211.19.75.90.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27243

Certain hot-rolled carbon steel flat Net Commerce (Commerce) and the products covered by the orders, Producers/exporters countervailable International Trade Commission (ITC) including vacuum degassed fully subsidy rate that revocation of the antidumping duty stabilized, high strength low alloy, and (percent) (AD) orders on silicomanganese from the substrate for motor lamination steel, Ispat Industries Limited ..... 360.23 India, Kazakhstan, and Venezuela may also enter under the following tariff Steel Authority of India ..... 346.61 would be likely to lead to a continuation numbers: 7225.11.00.00, 7225.19.00.00, Tata Iron and Steel Com- or recurrence of dumping and material 7225.30.30.50, 7225.30.70.00, pany Limited ...... 337.51 injury to an industry in the United 7225.40.70.00, 7225.99.00.90, All other producers/manu- States, Commerce is publishing a notice 7226.11.10.00, 7226.11.90.30, facturers/exporters ...... 344.44 of continuation of these AD orders. Indonesia: 7226.11.90.60, 7226.19.10.00, DATES: Applicable June 12, 2019. 7226.19.90.00, 7226.91.50.00, P.T. Krakatau Steel ...... 10.21 All Others ...... 10.21 FOR FURTHER INFORMATION CONTACT: 7226.91.70.00, 7226.91.80.00, and Thomas Dunne or Jacqueline 7226.99.00.00. Subject merchandise Arrowsmith AD/CVD Operations, Office may also enter under 7210.70.30.00, Notification Regarding Administrative Protective Order VII, Enforcement and Compliance, 7210.90.90.00, 7211.14.00.30, International Trade Administration, 7212.40.10.00, 7212.40.50.00, and This notice serves as the only U.S. Department of Commerce, 1401 7212.50.00.00. Although the HTSUS reminder to parties subject to Constitution Avenue NW, Washington, numbers are provided for convenience administrative protective order (APO) of DC 20230; telephone: (202) 482–2328 or and customs purposes, the written their responsibility concerning the (202) 482–5255, respectively. return or destruction of proprietary product description remains dispositive. SUPPLEMENTARY INFORMATION: information disclosed under APO in Analysis of Comments Received accordance with 19 CFR 351.305. Background All issues raised in these reviews are Timely notification of return/ On September 11, 2018, Commerce addressed in the Issues and Decision destruction of APO materials or 5 published the notice of initiation of the Memorandum. A list of the topics conversion to judicial protective order is third sunset reviews of the Orders 1 on discussed in the Issues and Decision hereby requested. Failure to comply silicomanganese from India, Memorandum is attached to this notice with the regulations and the terms of an Kazakhstan, and Venezuela, pursuant to as an Appendix. The Issues and APO is a sanctionable violation. section 751(c) of the Tariff Act of 1930, Decision Memorandum is a public We are issuing and publishing the as amended (the Act).2 As a result of its document and is on file electronically results and notice in accordance with reviews, on December 17, 2018, via Enforcement and Compliance’s sections 75l(c), 752, and 777(i)(1) of the Commerce determined that revocation Antidumping and Countervailing Duty Act. of the Orders on silicomanganese from Centralized Electronic Service System Dated: June 5, 2019. India, Kazakhstan, and Venezuela (ACCESS). ACCESS is available to Jeffrey I. Kessler, would likely lead to the continuation or registered users at https:// recurrence of dumping.3 Commerce, access.trade.gov and is available to all Assistant Secretary for Enforcement and Compliance. therefore, notified the ITC of the parties in the Central Records Unit, magnitude of the margins of dumping Room B8024 of the main Department of Appendix—List of Topics Discussed in likely to prevail were the Orders Commerce building. In addition, a the Issues and Decision Memorandum revoked.4 complete version of the Issues and I. Summary On April 23, 2019, the ITC published Decision Memorandum can be accessed II. Background its determinations, pursuant to sections directly at http://enforcement.trade.gov/ III. History of the Orders 751(c) and 752 of the Act, that frn/. The signed and electronic versions IV. Discussion of the Issues revocation of the Orders on of the Issues and Decision 1. Likelihood of Continuation or silicomanganese from India, Memorandum are identical in content. Recurrence of a Countervailable Subsidy 2. Net Countervailable Subsidy Likely To Kazakhstan, and Venezuela would Final Results of Reviews Prevail likely lead to continuation or recurrence Commerce determines that revocation 3. Nature of the Subsidy of material injury to an industry in the of the Orders would be likely to lead to V. Final Results of Reviews United States within a reasonably VI. Recommendation 5 continuation or recurrence of a foreseeable time. [FR Doc. 2019–12405 Filed 6–11–19; 8:45 am] countervailable subsidy at the rates Scope of the Orders listed below: 6 BILLING CODE 3510–DS–P For purposes of these orders, the Net products covered are all forms, sizes countervailable DEPARTMENT OF COMMERCE and compositions of silicomanganese, Producers/exporters subsidy rate (percent) International Trade Administration 1 See Notice of Amended Final Determination of Sales at Less than Fair Value and Antidumping India: [A–533–823, A–834–807, A–307–820] Duty Orders: Silicomanganese from India, Essar Steel Limited ...... 336.62 Kazakhstan, and Venezuela, 67 FR 36149, (May 23, Silicomanganese From India, 2002) (Orders). 2 5 See memorandum, ‘‘Final Results of Expedited Kazakhstan, and Venezuela: See Initiation of Five-Year (Sunset) Reviews, 83 Third Sunset Reviews of the Countervailing Duty Continuation of the Antidumping Duty FR 45887 (September 11, 2018). Orders on Certain Hot-Rolled Carbon Steel Flat Orders 3 See Silicomanganese from India, Kazakhstan, Products from India and Indonesia,’’ dated and Venezuela: Final Results of Expedited Third concurrently with, and hereby adopted by, this AGENCY: Enforcement and Compliance, Sunset Reviews of the Antidumping Duty Orders, 83 notice (Issues and Decision Memorandum). International Trade Administration, FR 64525, (December 17, 2018) and accompanying 6 See Certain Hot-Rolled Carbon Steel Flat Issues and Decision Memorandum (IDM). Products from India: Implementation of Department of Commerce. 4 Id. Determinations Under Section 129 of the Uruguay SUMMARY: As a result of the 5 See Silicomanganese from India, Kazakhstan, Round Agreements Act, 81 FR 27412 (May 6, 2016). determinations by the Department of and Venezuela, 84 FR 16882 (April 23, 2019).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27244 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

except low-carbon silicomanganese, publication in the Federal Register of period of review (POR).1 On October 29, including silicomanganese briquettes, this notice of continuation. Pursuant to 2018, Commerce received a timely fines and slag. Silicomanganese is a section 751(c)(2) of the Act, Commerce request to conduct a countervailing duty ferroalloy composed principally of intends to initiate the next five-year administrative review from Hyundai manganese, silicon and iron, and reviews of these orders not later than 30 Steel Company (Hyundai Steel).2 On normally contains much smaller days prior to the fifth anniversary of the October 31, 2018, Commerce received a proportions of minor elements, such as effective date of continuation. timely request from the petitioners 3 for carbon, phosphorous and sulfur. Administrative Protective Order an administrative review of 15 Silicomanganese is sometimes referred companies.4 Based upon these requests, to as ferrosilicon manganese. This notice also serves as the only on December 11, 2018, in accordance Silicomanganese is used primarily in reminder to parties subject to with section 751(a) of the Tariff Act of steel production as a source of both administrative protective order (APO) of 1930, as amended (the Act), Commerce silicon and manganese. their responsibility concerning the published a notice of initiation of an return/destruction or conversion to Silicomanganese generally contains by administrative review covering the POR, weight not less than 4 percent iron, judicial protective order of proprietary with respect to the 15 companies for more than 30 percent manganese, more information disclosed under APO in which a review was requested.5 than 8 percent silicon and not more accordance with 19 CFR 351.305(a)(3). Commerce exercised its discretion to than 3 percent phosphorous. Failure to comply is a violation of the toll all deadlines affected by the partial Silicomanganese is properly classifiable APO which may be subject to sanctions. under subheading 7202.30.0000 of the federal government closure from Notification to Interested Parties Harmonized Tariff Schedule of the December 22, 2018, through the United States (HTSUS). Some These sunset reviews and notice are resumption of operations on January 29, 6 silicomanganese may also be classified in accordance with sections 751(c), 752, 2019. If the new deadline falls on a under HTSUS subheading 7202.99.5040. and published pursuant to 777(i)(1) of non-business day, in accordance with The low-carbon silicomanganese the Act and 19 CFR 351.218(f)(4). Commerce’s practice, the deadline will become the next business day. The excluded from this scope is a ferroalloy Dated: June 6, 2019. revised deadline for a party to withdraw with the following chemical Jeffrey I. Kessler, specifications: minimum 55 percent a request for review was April 22, manganese, minimum 27 percent Assistant Secretary for Enforcement and 2019.7 Compliance. silicon, minimum 4 percent iron, [FR Doc. 2019–12394 Filed 6–11–19; 8:45 am] Withdrawal of Review Requests maximum 0.10 percent phosphorus, BILLING CODE 3510–DS–P maximum 0.10 percent carbon and On April 22, 2019, the petitioners maximum 0.05 percent sulfur. Low- withdrew their request for an carbon silicomanganese is used in the DEPARTMENT OF COMMERCE administrative review of 14 companies: manufacture of stainless steel and DCE Inc.; Dong Chuel America Inc.; special carbon steel grades, such as International Trade Administration Dong Chuel Industrial Co., Ltd.; Dongbu motor lamination grade steel, requiring [C–580–884] Incheon Steel Co., Ltd.; Dongbu Steel a very low carbon content. It is Co., Ltd.; Dongkuk Industries Co., Ltd.; sometimes referred to as Certain Hot-Rolled Steel Flat Products Dongkuk Steel Mill Co., Ltd.; Hyewon ferromanganese-silicon. Low-carbon From the Republic of Korea: Partial Sni Corporation (H.S.I.); JFE Shoji Trade silicomanganese is classifiable under Rescission of the Countervailing Duty Korea Ltd.; POSCO; POSCO Coated & HTSUS subheading 7202.99.5040. This scope covers all Administrative Review; 2017 Color Steel Co., Ltd.; POSCO Daewoo Corporation; Soon Hong Trading Co., silicomanganese, regardless of its tariff AGENCY: Enforcement and Compliance, classification. Although the HTSUS International Trade Administration, subheadings are provided for 1 See Antidumping or Countervailing Duty Order, Department of Commerce. Finding, or Suspended Investigation; Opportunity convenience and customs purposes, our DATES: Applicable June 12, 2019. to Request Administrative Review, 83 FR 49358 written description of the scope remains FOR FURTHER INFORMATION CONTACT: (October 1, 2018). dispositive. 2 See Hyundai Steel’s Letter, ‘‘Hot-Rolled Steel Kabir Archuletta or Hannah Falvey, AD/ Flat Products from the Republic of Korea, Case No. Continuation of the Orders CVD Operations, Office V, Enforcement C–580–884: Request for Antidumping Duty As a result of the determinations by and Compliance, International Trade Administrative Review,’’ dated October 29, 2018. Administration, U.S. Department of 3 The petitioners are AK Steel Corporation; Commerce and the ITC that revocation ArcelorMittal USA LLC; Nucor Corporation; SSAB of the Orders would likely lead to a Commerce, 1401 Constitution Avenue Enterprises, LLC; Steel Dynamics, Inc.; and United continuation or a recurrence of dumping NW, Washington, DC 20230; telephone States Steel Corporation. and a continuation or recurrence of (202) 482–2593 or (202) 482–4889, 4 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Steel material injury to an industry in the respectively. Flat Products from the Republic of Korea: Request for Administrative Review,’’ dated October 31, United States, pursuant to section SUPPLEMENTARY INFORMATION: 2018. 751(d)(2) of the Act and 19 CFR 5 Background See Initiation of Antidumping and 351.218(a), Commerce hereby orders the Countervailing Duty Administrative Reviews, 83 FR continuation of the Orders on On October 1, 2018, the Department 63615 (December 11, 2018). 6 silicomanganese from India, of Commerce (Commerce) published a See Memorandum to the Record from Gary Taverman, Deputy Assistant Secretary for Kazakhstan, and Venezuela. U.S. notice of opportunity to request an Antidumping and Countervailing Duty Operations, Customs and Border Protection will administrative review of the performing the non-exclusive functions and duties continue to collect AD cash deposits at countervailing duty (CVD) order on of the Assistant Secretary for Enforcement and the rates in effect at the time of entry for certain hot-rolled steel flat products Compliance, ‘‘Deadlines Affected by the Partial Shutdown of the Federal Government,’’ dated all imports of subject merchandise. (hot-rolled steel) from the Republic of January 28, 2019. All deadlines in this segment of The effective date of the continuation Korea (Korea) covering the January 1, the proceeding have been extended by 40 days. of the Orders will be the date of 2017, through December 31, 2017, 7 Id.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27245

Ltd.; and Sung-A Steel Co., Ltd.8 There continues to govern business Accelerator Limited (PAL) and its are no other active review requests for proprietary information in this segment affiliate Chongqing Changyuan Group these companies. of the proceeding. Timely written Limited (Chongqing Changyuan notification of the return/destruction of Chemical Corporation Limited Rescission in Part APO materials or conversion to judicial (Changyuan) filed a timely request for Pursuant to 19 CFR 351.213(d)(1), protective order is hereby requested. review, in accordance with 751(a) of the Commerce will rescind an Failure to comply with the regulations Tariff Act of 1930, as amended (the administrative review, in whole or in and terms of an APO is a violation Act).2 On April 1, 2019, based on this part, if a petitioner who requested the which is subject to sanction. request and accordance with section review withdraws the request within 90 751(a) of the Act, Commerce published days of the date of publication of notice Notification to Interested Parties in the Federal Register a notice of of initiation of the requested review, This notice is issued and published in initiation of an administrative review of and no other party requested a review accordance with section 751(a)(1) and the antidumping duty order on of the company for which the petitioner 777(i)(1) of the Tariff Act of 1930, as potassium permanganate from China, requested a review. Petitioners timely amended, and 19 CFR 351.213(d)(4). covering the POR.3 On May 3, 2019, withdrew their request for review of the Dated: June 7, 2019. PAL and Changyuan timely withdrew 14 companies, as detailed above, and no their request for administrative review.4 other party requested a review of said James Maeder, companies. Accordingly, Commerce is Associate Deputy Assistant Secretary for Rescission of Review rescinding this review of hot-rolled steel Antidumping and Countervailing Duty Pursuant to 19 CFR 351.213(d)(1), the Operations. from Korea for the POR, with respect to Secretary will rescind an administrative those 14 companies, in accordance with [FR Doc. 2019–12392 Filed 6–11–19; 8:45 am] review, in whole or in part, if the party 19 CFR 351.213(d)(1). This BILLING CODE 3510–DS–P that requested the review withdraws its administrative review will continue request within 90 days of the date of with respect to Hyundai Steel. publication of the notice of initiation of DEPARTMENT OF COMMERCE Assessment the requested review. PAL and International Trade Administration Changyuan were the only respondents Commerce will instruct U.S. Customs party to this review. As noted above, and Border Protection (CBP) to assess [A–570–001] PAL and Changyuan withdrew their countervailing duties on all appropriate requests for review by the 90-day Potassium Permanganate From the entries. For the companies for which deadline. Commerce received no other People’s Republic of China: this review is rescinded, countervailing requests for review of PAL and Rescission of 2018 Antidumping Duty duties shall be assessed at rates equal to Changyuan or with respect to any other Administrative Review the cash deposit of estimated companies. As a result, Commerce is antidumping duties required at the time AGENCY: Enforcement and Compliance, rescinding the administrative review of of entry, or withdrawal from warehouse, International Trade Administration, potassium permanganate from China for consumption, in accordance with 19 Department of Commerce. covering the POR in its entirety. CFR 351.212(c)(1)(i). Commerce intends SUMMARY: The Department of Commerce Assessment to issue appropriate assessment (Commerce) is rescinding the instructions directly to CBP 15 days administrative review of the We will instruct U.S. Customs and after publication of this notice. antidumping duty order on potassium Border Protection (CBP) to assess Notification to Importers permanganate from the People’s antidumping duties on all appropriate entries. Because Commerce is This notice serves as a reminder to Republic of China (China) for the period of review (POR), January 1, 2018, rescinding this administrative review in importers of their responsibility under its entirety, the entries to which this 19 CFR 351.402(f)(2) to file a certificate through December 31, 2018. DATES: Applicable June 12, 2019. administrative review pertained shall be regarding the reimbursement of assessed antidumping duties at rates countervailing duties prior to FOR FURTHER INFORMATION CONTACT: Omar Qureshi, AD/CVD Operations, equal to the cash deposit of estimated liquidation of the relevant entries antidumping duties required at the time during this review period. Failure to Office V, Enforcement and Compliance, International Trade Administration, of entry, or withdrawal from warehouse, comply with this requirement could for consumption, in accordance with 19 result in the presumption that U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, CFR 351.212(c)(1)(i). Commerce intends reimbursement of countervailing duties to issue appropriate assessment occurred and the subsequent assessment DC 20230; telephone: 202–482–5307. SUPPLEMENTARY INFORMATION: of doubled countervailing duties. 2 See letter from PAL and Changyuan, ‘‘Request Notification Regarding Administrative Background for Administrative Review of the Antidumping Duty Order on Potassium Permanganate from the Protective Orders On February 8, 2019, Commerce People’s Republic of China,’’ dated February 28, This notice also serves as a reminder published in the Federal Register a 2019. to parties subject to administrative notice of opportunity to request an 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR protective order (APO) of their administrative review of, among other 12200 (April 1, 2019). responsibility concerning the return or orders, the antidumping duty order on 4 See letter from PAL, ‘‘Pacific Accelerator destruction of proprietary information potassium permanganate from China for Limited’s Withdrawal of Request for Review: disclosed under APO in accordance the POR, January 1, 2018, to December Administrative Review of the Antidumping Duty 1 Order on Potassium Permanganate from the with 19 CFR 351.305(a)(3), which 31, 2018. On February 28, 2019, Pacific People’s Republic of China,’’ dated May 3, 2019; see also letter from Changyuan, ‘‘Chongqing Changyuan 8 See Petitioners’ Letter, ‘‘Certain Hot-Rolled Flat 1 See Antidumping or Countervailing Duty Order, Group Limited’s Withdrawal of Request for Review, Products from the Republic of Korea: Partial Finding, or Suspended Investigation; Opportunity Administrative Review of the Antidumping Duty Withdrawal of Request for Administrative Review,’’ to Request Administrative Review, 84 FR 2816 Order on Potassium Permanganate from the dated April 22, 2019. (February 8, 2019). People’s Republic of China,’’ dated May 3, 2019.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27246 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

instructions to CBP 15 days after the that NMFS has issued an incidental The definitions of all applicable publication of this notice. harassment authorization (IHA) to MMPA statutory terms cited above are Lamont-Doherty Earth Observatory of included in the relevant sections below. Notifications Columbia University (L–DEO) to Summary of Request This notice serves as a final reminder incidentally harass, by Level A and to importers of their responsibility Level B harassment, marine mammals On November 20, 2018, NMFS under 19 CFR 351.402(f)(2) to file a during seismic airgun activities received a request from L–DEO for an certificate regarding the reimbursement associated with a marine geophysical IHA to take marine mammals incidental of antidumping duties prior to survey in the Gulf of Alaska. to conducting seismic geophysical liquidation of the relevant entries surveys in the Gulf of Alaska along the DATES: This Authorization is effective during this review period. Failure to from June 1, 2019 through May 31, Alaska Peninsula subduction zone. On comply with this requirement could 2020. December 19, 2018, NMFS received a result in Commerce’s presumption that revised copy of the application, and that reimbursement of the antidumping FOR FURTHER INFORMATION CONTACT: application was deemed adequate and duties occurred and the subsequent Amy Fowler, Office of Protected complete on February 11, 2019. L– assessment of doubled antidumping Resources, NMFS, (301) 427–8401. DEO’s request is for take of a small duties. Electronic copies of the application and number of 21 marine mammal species This notice also serves as a final supporting documents, as well as a list by Level B harassment and Level A reminder to parties subject to of the references cited in this document, harassment. Underwater sound administrative protective order (APO) of may be obtained online at: https:// associated with airgun use may result in their responsibility concerning the www.fisheries.noaa.gov/national/ the behavioral harassment or auditory return or destruction of proprietary marine-mammal-protection/incidental- injury of marine mammals in the information disclosed under APO in take-authorizations-research-and-other- ensonified areas. Neither L–DEO nor accordance with 19 CFR 351.305, which activities. In case of problems accessing NMFS expects serious injury or continues to govern business these documents, please call the contact mortality to result from this activity proprietary information in this segment listed above. and, therefore, an IHA is appropriate. of the proceeding. Timely written SUPPLEMENTARY INFORMATION: NMFS previously issued an IHA to L– notification of the return/destruction of DEO for similar work (76 FR 38621; July APO materials or conversion to judicial Background 1, 2011). L–DEO complied with all the protective order is hereby requested. The MMPA prohibits the ‘‘take’’ of requirements (e.g., mitigation, Failure to comply with the regulations marine mammals, with certain monitoring, and reporting) of the and terms of an APO is a violation exceptions. Sections 101(a)(5)(A) and previous IHA and information regarding which is subject to sanction. (D) of the MMPA (16 U.S.C. 1361 et their monitoring results may be found in This notice is issued and published in seq.) direct the Secretary of Commerce the ‘‘Description of Marine Mammals in accordance with sections 751(a)(1) and (as delegated to NMFS) to allow, upon the Area of Specified Activities.’’ 777(i)(1) of the Act and 19 CFR request, the incidental, but not 351.213(d)(4). Description of the Specified Activity intentional, taking of small numbers of Dated: June 6, 2019. marine mammals by U.S. citizens who Overview James Maeder, engage in a specified activity (other than The specified activity consists of a Associate Deputy Assistant Secretary for commercial fishing) within a specified high energy geophysical seismic survey Antidumping and Countervailing Duty geographical region if certain findings conducted in a portion of the Gulf of Operations. are made and either regulations are Alaska. Researchers from Lamont- [FR Doc. 2019–12393 Filed 6–11–19; 8:45 am] issued or, if the taking is limited to Doherty Earth Observatory (L–DEO and BILLING CODE 3510–DS–P harassment, a notice of a proposed other institutions, with funding from incidental take authorization may be NSF, plan to conduct the seismic survey provided to the public for review. from the Research Vessel (R/V) Marcus DEPARTMENT OF COMMERCE Authorization for incidental takings G. Langseth (Langseth) in the Gulf of shall be granted if NMFS finds that the Alaska during 2019. The NSF-owned National Oceanic and Atmospheric taking will have a negligible impact on Langseth is operated by Columbia Administration the species or stock(s) and will not have University’s L–DEO under an existing RIN 0648–XG736 an unmitigable adverse impact on the Cooperative Agreement. The planned availability of the species or stock(s) for seismic survey would likely occur in the Takes of Marine Mammals Incidental to taking for subsistence uses (where Gulf of Alaska off the Alaska Peninsula Specified Activities; Taking Marine relevant). Further, NMFS must prescribe and the eastern Aleutian islands during Mammals Incidental to a Marine the permissible methods of taking and late spring 2019 and would use a 36- Geophysical Survey in the Gulf of other means of effecting the least airgun towed array with a total Alaska practicable adverse impact on the discharge volume of ∼6600 in 3. The AGENCY: National Marine Fisheries affected species or stocks and their survey would take place within the U.S. Service (NMFS), National Oceanic and habitat, paying particular attention to Exclusive Economic Zone (EEZ), in ∼ ∼ Atmospheric Administration (NOAA), rookeries, mating grounds, and areas of water 15 to 6184 m deep and would Commerce. similar significance, and on the take advantage of a network of ocean ACTION: Notice; Issuance of an Incidental availability of such species or stocks for bottom seismometers (OBSs) and Harassment Authorization. taking for certain subsistence uses onshore seismometers currently (referred to in shorthand as installed in the area. During the survey, SUMMARY: In accordance with the ‘‘mitigation’’); and requirements approximately 13 percent of the survey regulations implementing the Marine pertaining to the mitigation, monitoring kilometers would take place in shallow Mammal Protection Act (MMPA) as and reporting of such takings are set water (<100 meter (m)), 27 percent amended, notification is hereby given forth. would occur in intermediate water

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27247

depths (100–1000 m), and the rest (60 variation (CVs), standard errors (SEs), or the expected density of Steller sea lions percent) would occur in deep water (≤ confidence intervals (CI), which provide to 0.0392 individuals/km2 for inshore 1000 m). information on uncertainty relative to environments. This value is the higher, The survey is expected to consist of the underlying data, the Commission uncorrected, value determined by the up to 18 days of seismic operations and recommended that NMFS adjust the Department of the Navy for the Gulf of ∼1 day of transit and survey density estimates using some measure of Alaska. Further detail regarding this approximate 4400 km of transect lines. uncertainty (i.e., CV, SD, SE, upper CI) density change is included later in this The Langseth would leave from and for the Gulf of Alaska survey area. The document. NMFS believes, that while return to port in Kodiak, likely during Commission believes that the 25 percent this density value may be older than late spring (end of May/early June) contingency increase, routinely those recommended by the Commission, 2019. Tentative sail dates are 1–19 June included by L–DEO does not account for it is the most spatially appropriate 2019. uncertainty in density, because it has estimate available, and conservative. The main goal of L–DEO’s planned been included prior to the raising of Comment: The Commission seismic program is to conduct a 2D these concerns. The Commission also recommended that NMFS require survey along the Alaska Peninsula recommended that NMFS convene a L–DEO to re-estimate the proposed subduction zone using airguns. The working group of scientists to determine Level A and Level B harassment zones addition of active sources (airguns) to how best to incorporate uncertainty in and associated takes of marine the existing seismic monitoring density data that are extrapolated. mammals using (1) both operational equipment in place would directly Response: The Commission (including number/type/spacing of contribute to the overall project goals of recommended that NMFS adjust density airguns, tow depth, source level/ imaging the architecture for the estimates using some measure of operating pressure, operational volume) subduction zone and understanding the uncertainty. While we acknowledge the and site-specific environmental structures controlling how and where uncertainty in these (or any) density (including sound speed profiles, the planet’s largest earthquakes occur. estimates, the take estimate bathymetry, and sediment A detailed description of the planned methodology used here produces the characteristics 41 at a minimum) geophysical survey is provided in the most appropriate estimate of likely parameters, (2) a comprehensive source Federal Register notice for the proposed takes. Uniformly adjusting the density model (i.e., Gundalf Optimizer or IHA (84 FR 14200; April 9, 2019). Since upward based on uncertainty in every AASM) and (3) an appropriate sound that time, no changes have been made situation will result in over-estimates of propagation model for the proposed to the planned geophysical survey take (and an unrealistic associated incidental harassment authorization. activities. Therefore, a detailed analysis) and, in fact, marine mammal Specifically, the Commission reiterates description is not provided here. Please observations both during the activities that L–DEO should be using the ray- refer to that Federal Register notice for conducted under the previous GOA IHA tracing sound propagation model the description of the specific activity. as well as other NSF surveys in no way BELLHOP—which is a free, standard suggest that the surveys are resulting in propagation code that readily Comments and Responses unauthorized numbers of take. Further, incorporates all environmental inputs A notice of NMFS’s proposal to issue the 25 percent correction factor does listed herein, rather than the limited, in- an IHA to L–DEO was published in the help to conservatively account for house MATLAB code currently in use. Federal Register on April 9, 2019 (84 FR uncertainties in the density data that Response: NMFS acknowledges the 14200). That notice described, in detail, were available for use in the take Commission’s concerns about L–DEO’s L–DEO’s activity, the marine mammal estimates. NMFS is open to current modeling approach for species that may be affected by the consideration of specific correction estimating Level A and Level B activity, and the anticipated effects on factors for use for specific circumstances harassment zones and takes. L–DEO’s marine mammals. During the 30-day or species in future IHAs and looks application and the Federal Register public comment period, NMFS received forward to further discussion with the notice of the proposed IHA (84 FR comments from the Marine Mammal Commission on how best to incorporate 14200; April 9, 2019) describe the Commission (Commission) and the uncertainty in density estimates in applicant’s approach to modeling Level public. instances where density data is limited. A and Level B harassment zones. The Comment: The Commission Regarding the Commission’s model LDEO currently uses does not recommended that NMFS refrain from recommendation that NMFS convene an allow for the consideration of issuing this authorization until L–DEO internal working group to determine environmental and site-specific provides information on its efforts to what data sources are considered best parameters as requested by the contact Native Alaska communities and available for the various species and in Commission. entities, and addresses any concerns the various areas, NMFS may consider L–DEO’s application describes their that these groups raise. future action to address these issues, but approach to modeling Level A and Level Response: NMFS provides a full currently intends to address these B harassment zones. In summary, LDEO description of these outreach efforts in questions through ongoing interactions acquired field measurements for several this document (in the ‘‘Effects of with the U.S. Navy, academic array configurations at shallow, Specified Activities on Subsistence Uses institutions, and other research intermediate, and deep-water depths of Marine Mammals’’ section), as they organizations. during acoustic verification studies are described by L–DEO in its final EA. Comment: The Commission conducted in the northern Gulf of Comment: The Commission recommended that NMFS increase its Mexico in 2007 and 2008 (Tolstoy et al., recommended that NMFS adjust the proposed Steller sea lion density based 2009). Based on the empirical data from density estimates used to estimate the on the Department of the Navy’s (2018) those studies, LDEO developed a sound numbers of potential takes by recently reported higher density propagation modeling approach that incorporating some measure of estimates for Southeast Alaska and the predicts received sound levels as a uncertainty. Since many of the Pacific Northwest. function of distance from a particular references from which the density data Response: Through discussions with airgun array configuration in deep originated include coefficients of the Commission, NMFS has increased water. For this survey, LDEO modeled

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27248 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Level A and Level B harassment zones Langseth and recorded the received by applicants. NMFS considers this based on the empirically-derived sound levels on both the shelf and slope variability when evaluating applications measurements from the Gulf of Mexico using the Langseth’s 8 km hydrophone and the take estimates and mitigation calibration survey (Appendix H of NSF– streamer. Crone et al. (2014) analyzed measures that the model informs. NMFS USGS 2011). LDEO used the deep-water those received sound levels from the takes into consideration the model used, radii obtained from model results down 2012 survey and confirmed that in-situ, and its results, in determining the to a maximum water depth of 2,000 m site specific measurements and potential impacts to marine mammals; (Figure 2 and 3 in Appendix H of NSF– estimates of the 160 dB and 180 dB however, it is just one component of the USGS 2011). isopleths collected by the Langseth’s analysis during the MMPA In 2015, LDEO explored the question hydrophone streamer in shallow water authorization process as NMFS also of whether the Gulf of Mexico were two to three times smaller than takes into consideration other factors calibration data described above LDEO’s modeling approach had associated with the activity (e.g., adequately informs the model to predict predicted. While the results confirmed geographic location, duration of exclusion isopleths in other areas by the role of bathymetry in sound activities, context, sound source conducting a retrospective sound power propagation, Crone et al. (2014) were intensity, etc.). analysis of one of the lines acquired also able to confirm that the empirical Comment: Given the shortcomings during L–DEO’s seismic survey offshore measurements from the Gulf of Mexico noted for L–DEO’s source and sound New Jersey in 2014 (Crone, 2015). calibration survey (the same propagation modeling and the NMFS presented a comparison of the measurements used to inform LDEO’s requirements that other action predicted radii (i.e., modeled exclusion modeling approach for the planned proponents are obliged to fulfill, the zones) with radii based on in situ surveys in the northwest Atlantic Commission recommended that NMFS measurements (i.e., the upper bound Ocean) overestimated the size of the require L–DEO to archive, analyze, and [95th percentile] of the cross-line exclusion and buffer zones for the compare the in-situ data collected by prediction) in a previous notice of shallow-water 2012 survey off the hydrophone streamer and OBSs to issued Authorization for LDEO (see 80 Washington State and were thus L–DEO’s modeling results for the FR 27635, May 14, 2015, Table 1). precautionary, in that particular case. extents of the Level A and B harassment Briefly, the analysis presented in Crone NMFS continues to work with LDEO zones based on the various water depths (2015), specific to the survey site to address the issue of incorporating to be surveyed and provide the data and offshore New Jersey, confirmed that in- site-specific information for future results to NMFS. situ, site specific measurements and authorizations for seismic surveys. Response: Based on information estimates of 160 decibel (dB) and 180 However, LDEO’s current modeling presented by the applicant and dB isopleths collected by the approach (supported by the three data supported by published analysis such as hydrophone streamer of the R/V Marcus points discussed previously) represents Diebold et al. 2010, Tolstoy et al. 2009, Langseth in shallow water were smaller the best available information for NMFS Crone et al. 2014, Crone et al. 2017, than the modeled (i.e., predicted) zones to reach determinations for this IHA. As Barton et al. 2006, and Diebold et al. for two seismic surveys conducted described earlier, the comparisons of 2006, L–DEO modeling results and offshore New Jersey in shallow water in LDEO’s model results and the field data predicted distances to harassment zones 2014 and 2015. In that particular case, collected at multiple locations (i.e., the are likely more conservative than actual Crone’s (2015) results showed that Gulf of Mexico, offshore Washington distances measured from data collected LDEO’s modeled 180 dB and 160 dB State, and offshore New Jersey) illustrate in situ for depths from shallow to deep. zones were approximately 28 percent a degree of conservativeness built into The Commission stated one reason for and 33 percent larger, respectively, than LDEO’s model for deep water, which recommending that NMFS require the in-situ, site-specific measurements, NMFS expects to offset some of the L–DEO to conduct sound source thus confirming that LDEO’s model was limitations of the model to capture the verification efforts was due to the short- conservative in that case. variability resulting from site-specific comings of the L–DEO model. However, The following is a summary of two factors. Based upon the best available as previously noted, the L–DEO model additional analyses of in-situ data that information (i.e., the three data points, is conservative and is viewed support LDEO’s use of the modeled two of which are peer-reviewed, appropriate for R/V Langseth Level A and Level B harassment zones discussed in this response), NMFS finds operations. Use of the L–DEO model is in this particular case. In 2010, LDEO that the Level A and Level B harassment further supported by ten years of assessed the accuracy of their modeling zone calculations are appropriate for use successful operations with no observed approach by comparing the sound levels in this particular IHA. harm to marine life. For these reasons, of the field measurements acquired in The use of models for calculating additional sound source verification the Gulf of Mexico study to their model Level A and Level B harassment zones efforts are not warranted at this time. predictions (Diebold et al., 2010). They and for developing take estimates is not Comment: The Commission reported that the observed sound levels a requirement of the MMPA incidental recommended that NMFS use a from the field measurements fell almost take authorization process. Further, consistent approach for requiring all entirely below the predicted mitigation NMFS does not provide specific geophysical and seismic survey radii curve for deep water (i.e., greater guidance on model parameters nor operators to abide by the same general than 1,000 m; 3,280.8 ft) (Diebold et al., prescribe a specific model for applicants mitigation measures, including 2010). In 2012, LDEO used a similar as part of the MMPA incidental take prohibiting L–DEO from using power process to model distances to isopleths authorization process at this time, downs and the mitigation airgun during corresponding to Level A and Level B although we do review methods to its geophysical surveys. harassment thresholds for a shallow- ensure they adequately predict take. Response: NMFS is in the process of water seismic survey in the northeast There is a level of variability not only developing protocols that could be Pacific Ocean offshore Washington with parameters in the models, but also applied to geophyscical and seismic State. LDEO conducted the shallow- the uncertainty associated with data surveys. The protocols are being water survey using a 6,600 in3 airgun used in models, and therefore, the developed on the basis of detailed configuration aboard the R/V Marcus quality of the model results submitted review of available literature, including

VerDate Sep<11>2014 18:23 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27249

peer-review science, review articles, using the proposed renewal process for are not likely to jeopardize the gray literature, and protocols required L–DEO’s authorization based on the continued existence of ESA-listed by other countries around the world. complexity of analysis and potential for species or destroy or adversely modify NMFS will share the protocols with the impacts on marine mammals. designated critical habitat. The NEPA Commission when they are ready for Additionally, the Commission analysis, conducted by NSF and external comment and review. recommends that if NMFS plans to use adopted by NMFS, concluded that there Note that powerdowns are only the renewal process frequently or for would not be a significant impact on the allowed/required in lieu of shutdown projects involving complex review, such human environment. when certain species of dolphins, as geophysical surveys, the comment Description of Marine Mammals in the specifically identified in the Mitigation period should be 30-days. section, enter the shutdown zone. In all Response: We believe our proposed Area of Specified Activities other cases, shutdown would be method for issuing renewals meets Sections 3 and 4 of the application implemented under conditions as statutory requirements and maximizes summarize available information described in the IHA. efficiency. Importantly, such renewals regarding status and trends, distribution Comment: The Commission noted would be limited to circumstances and habitat preferences, and behavior that monitoring and reporting where: The activities are identical or and life history, of the potentially requirements adopted need to be nearly identical to those analyzed in the affected species. Additional information sufficient to provide a reasonably proposed IHA; monitoring does not regarding population trends and threats accurate assessment of the manner of indicate impacts were incurred that may be found in NMFS’s Stock taking and the numbers of animals taken were not previously analyzed and Assessment Reports (SAR; https:// incidental to the specified activity. authorized; and, the mitigation and www.fisheries.noaa.gov/national/ Those assessments should account for monitoring requirements remain the marine-mammal-protection/marine- all animals in the various survey areas, same, all of which allow the public to mammal-stock-assessments) and more including those animals directly on the comment on the appropriateness and general information about these species trackline that are not detected and how effects of a renewal at the same time the (e.g., physical and behavioral well animals are detected based on the public provides comments on the initial descriptions) may be found on NMFS’s distance from the observer which is IHA. As stated, if new monitoring website (https:// achieved by incorporating g(0) and f(0) information were to be available at the www.fisheries.noaa.gov/find-species). values. The Commission recommended time a renewal was being considered, Table 1 lists all species with expected that NMFS require L–DEO to use the and NMFS determined that this potential for occurrence in the Gulf of Commission’s method as described in information may indicate impacts not Alaska and summarizes information the Commission’s Addendum to better previously analyzed, the action would related to the population or stock, estimate the numbers of marine not meet the circumstances set forth for including regulatory status under the mammals taken by Level A and B a renewal. Regarding the potential MMPA and ESA and potential harassment for the incidental application of the Renewal process to biological removal (PBR), where known. harassment authorization. The this action, the case-by-case For taxonomy, we follow Committee on Commission stated that all other NSF- determination of whether or not a Taxonomy (2017). PBR is defined by the affiliated entities and all seismic Renewal is appropriate would be made MMPA as the maximum number of operators should use this method as at the time L–DEO submits a request. If animals, not including natural well. L–DEO submits a Renewal request, the mortalities, that may be removed from a Response: NMFS agrees that reporting Commission’s recommendations will be marine mammal stock while allowing of the manner of taking and the numbers considered at that time. that stock to reach or maintain its of animals incidentally taken should Comment: One private citizen optimum sustainable population (as account for all animals taken, including requested that we deny issuance of the described in NMFS’s SARs). While no those animals that are not detected and IHA because marine mammals would be mortality is anticipated or authorized how well animals are detected based on killed as a result of the survey. here, PBR and annual serious injury and the distance from the observer, to the Response: This activity is not mortality from anthropogenic sources extent practicable. NMFS appreciates expected to result in the death of any are included here as gross indicators of the Commission’s recommendations and marine mammal species, and no such the status of the species and other further requires that L–DEO provide an take is authorized. Extensive analysis of threats. estimate of take, including marine the planned 2D seismic survey was Sixteen species of cetaceans and five mammals that were not detected in their conducted in accordance with the species of pinnipeds could occur in the reporting for this survey, as it has in MMPA, Endangered Species Act (ESA), planned Gulf of Alaska survey area. previous actions. NMFS welcomes and National Environmental Policy Act Cetacean species include seven species L–DEO’s input on a method to generate (NEPA). We analyzed the impacts to of mysticetes (baleen whales) and nine this quantitative method, but in the marine mammals (including those listed species of odontocetes (dolphins and absence of a new procedure, as threatened or endangered under the small and large toothed whales). recommends that use of the ESA), to their habitat (including critical Ferguson et al. (2015) described Commission’s method for marine habitat designated under the ESA), and Biological Important Areas (BIAs) for geophysical surveys, which was to the availability of marine mammals cetaceans in the Gulf of Alaska. BIAs attached to the Commission’s comment for taking for subsistence uses. The were delineated for four baleen whale letter. We look forward to engaging MMPA analyses revealed that the species and one toothed whale species further with L–DEO, the Commission activities would have a negligible including fin, gray, North Pacific right, and other applicants to refine methods impact on affected marine mammal and humpback whales, and belugas in to incorporate consideration of g(0) and species or stocks and would not have an U.S. waters of the Gulf of Alaska. BIAs f(0) values into post-survey take unmitigable adverse impact on the are described in the following sections estimates. availability of marine mammals for for each marine mammal species, except Comment: The Commission taking for subsistence uses. The ESA for beluga whale BIAs, as these do not recommend that NMFS refrain from analysis concluded that the activities co-occur within L–DEO’s planned

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27250 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

survey area and the species is not the total number of individuals that in this region are assessed in NMFS’s expected to be present there. BIAs are make up a given stock or the total U.S. Alaska and U.S. Pacific SARs (e.g., delineated for feeding, migratory number estimated within a particular Muto et al. 2018, Carretta et al. 2018). corridors, and small and resident study or survey area. NMFS’s stock All values presented in Table 1 are the populations. Supporting evidence for abundance estimates for most species most recent available at the time of these BIAs came from aerial-, land-, and represent the total estimate of publication and are available in the vessel-based surveys; satellite tagging individuals within the geographic area, 2017 SARs (Muto et al. 2018, Carretta et data; passive acoustic monitoring; if known, that comprises that stock. For al. 2018) and draft 2018 SARs (available traditional ecological knowledge; photo- some species, stock abundance online at: https:// estimates are not available, and survey and genetic-identification data; whaling www.fisheries.noaa.gov/national/ data, including catch and sighting abundance estimates are used. This marine-mammal-protection/draft- locations and stomach contents; prey survey area may or may not align marine-mammal-stock-assessment- studies; and observations from completely with a stock’s geographic reports). fishermen. range as defined in the SARs. For some Marine mammal abundance estimates species, this geographic area may extend presented in this document represent beyond U.S. waters. All managed stocks TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROJECT AREA DURING THE SPECIFIED ACTIVITY

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -, -, N 26,960 (0.05, 25,849, 2016) .. 801 ...... 138 Western North Pacific ...... E, D, Y 175 (0.05, 167, 2016) ...... 0.07 ...... UNK Family Balaenidae: North Pacific right whale Eubalaena japonica ...... Eastern North Pacific ...... E, D, Y 31 (0.226, 26, 2015) ...... 0.05 b ..... 0 Family Balaenopteridae (rorquals): Blue whale ...... Balaenoptera musculus ...... Eastern North Pacific ...... E, D, Y 1,647 (0.07, 1,551, 2011) ...... 2.3 ...... 0.2 Central North Pacific ...... E, D, Y 133 (1.09, 63, 2010) ...... 0.1 ...... 0 Fin whale *4 ...... Balaenoptera physalus ...... Northeast Pacific ...... E, D, Y 4 3,168 ...... 5.1 ...... 0.6 Sei whale ...... Balaenoptera borealis ...... Eastern North Pacific ...... E, D, Y 519 (0.4, 374, 2014) ...... 0.75 ...... 0 Minke whale *5 ...... Balaenoptera acutorostrata .... Alaska ...... -, -, N 5 1,233 ...... UND ...... 0 Humpback whale ...... Megaptera novaeangliae ...... Central North Pacific ...... -, -, Y 10,103 (0.3, 7,890, 2006) ...... 83 ...... 25 Western North Pacific ...... E, D, Y 1,107 (0.3, 865, 2006) ...... 3 ...... 3.2

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae: Sperm whale * ...... Physeter macrocephalus ...... North Pacific ...... E, D, Y N/A (see SAR, N/A, 2015) ..... see SAR 4.4 Family Ziphiidae (beaked whales): Cuvier’s beaked whale ...... Ziphius cavirostris ...... Alaska ...... -, -, N N/A (see SAR, N/A, see SAR) UND ...... 0 Baird’s beaked whale ...... Berardius bairdii ...... Alaska ...... -, -, N N/A (see SAR, N/A, see SAR) UND ...... 0 Stejneger’s beaked whale ...... Mesoplodon stejnegeri ...... Alaska ...... -, -, N N/A (see SAR, N/A, see SAR) UND ...... 0 Family Delphinidae: Eastern North Pacific Alaska -, -, N 2,347 c (N/A, 2347, 2012) ..... 24 ...... 1 Resident. Killer whale ...... Orcinus orca ...... Gulf of Alaska, Aleutian Is- -, -, N 587 c (N/A, 587, 2012) ...... 5.87 ...... 1 lands, and Bering Sea Transient. AT1 Transient ...... -, D, Y 7 c (N/A, 7, 2017) ...... 0.01 ...... 0 Offshore ...... -, -, N 240 (0.49, 162, 2014) ...... 1.6 ...... 0 Risso’s dolphin ...... Grampus griseus ...... CA/WA/OR ...... -, -, N 6,336 (0.32, 4,817, 2014) ...... 46 ...... ≥3.7 Pacific white-sided dol- Lagenorhynchus obliquidens North Pacific ...... -, -, N 26,880 (N/A, N/A, 1990) ...... UND ...... 0 phin. Family Phocoenidae (por- poises): Harbor porpoise ...... Phocoena phocoena ...... GOA ...... -, -, Y 31,046 (0.214, N/A, 1998) ..... UND ...... 72 Southeast Alaska ...... -, -, Y see SAR (see SAR, see SAR, 8.9 ...... 34 2012). Dall’s porpoise ...... Phocoenoides dalli ...... Alaska ...... -, -, N 83,400 (0.097, N/A, 1991) ..... UND ...... 38

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... T, D, Y 41,638 a (see SAR, 41,638, 2498 ...... 108 2015). Western U.S...... E, D, Y 54,267 a (see SAR, 54,267, 326 ...... 252 2017). California sea lion ...... Zalophus californianus ...... U.S...... -, -, N 296,750 (N/A, 153,337, 2011) 9200 ...... 389 Northern fur seal ...... Callorhinus ursinus ...... Eastern Pacific ...... -, D, Y 620,660 (0.2, 525,333, 2016) 11295 ..... 457 Family Phocidae (earless seals): Northern elephant seal .... Mirounga angustirostris ...... California Breeding ...... -, -, N 179,000 (N/A, 81,368, 2010) 4882 ...... 8.8

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27251

TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROJECT AREA DURING THE SPECIFIED ACTIVITY—Continued

ESA/ MMPA Stock abundance Annual Common name Scientific name Stock status; (CV, N , most recent PBR min M/SI 3 strategic abundance survey) 2 (Y/N) 1

South Kodiak ...... -, -, N 19,199 (see SAR, 17,479, 314 ...... 128 2011). Harbor seal ...... Phoca vitulina ...... Cook Inlet/Shelikof Strait ...... -, -, N 27,386 (see SAR, 25,651, 770 ...... 234 2011). Prince William Sound? ...... -, -, N 29,889 (see SAR, 27,936, 838 ...... 279 2011). * Stocks marked with an asterisk are addressed in further detail in text below. 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as de- pleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (N/A). 3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). 4 Uncorrected estimate from Rone et al. (2017) based on a series of line-transect surveys off of Kodiak Island. The maximum estimate from the three surveys was selected. Based on the limited footprint of the surveys that lead to this estimate, the true abundance of the stock is expected to be much higher. 5 Uncorrected estimate from Zerbini et al., (2006) based on a partial line-transect survey of the Gulf of Alaska. NOTE—Italicized species or stocks are not expected to be taken and no take is authorized.

All species that could potentially and stocks; therefore, detailed based on directly measured or estimated occur in the planned survey areas are descriptions are not provided here. hearing ranges on the basis of available included in Table 1. With the exception Please refer to that Federal Register behavioral response data, audiograms of AT1 transient killer whales, these notice for these descriptions. Please also derived using auditory evoked potential species or stocks temporally and refer to NMFS’ website (https:// techniques, anatomical modeling, and spatially co-occur with the activity to www.fisheries.noaa.gov/find-species) for other data. Note that no direct the degree that take is reasonably likely generalized species accounts. measurements of hearing ability have to occur. However, the spatial Marine Mammal Hearing been successfully completed for occurrence of the AT1 transient is such mysticetes (i.e., low-frequency Hearing is the most important sensory that take is not expected to occur, and cetaceans). Subsequently, NMFS (2018) modality for marine mammals they are not discussed further beyond underwater, and exposure to described generalized hearing ranges for the explanation provided here. anthropogenic sound can have these marine mammal hearing groups. A detailed description of the of the deleterious effects. To appropriately Generalized hearing ranges were chosen species likely to be affected by the Gulf assess the potential effects of exposure based on the approximately 65 decibel of Alaska geophysical survey, including to sound, it is necessary to understand (dB) threshold from the normalized brief introductions to the species and the frequency ranges marine mammals composite audiograms, with the relevant stocks as well as available are able to hear. Current data indicate exception for lower limits for low- information regarding population trends that not all marine mammal species frequency cetaceans where the lower and threats, and information regarding have equal hearing capabilities (e.g., bound was deemed to be biologically local occurrence, were provided in the Richardson et al., 1995; Wartzok and implausible and the lower bound from Federal Register notice for the proposed Ketten, 1999; Au and Hastings, 2008). Southall et al. (2007) retained. Marine IHA (84 FR 14200; April 9, 2019); since To reflect this, Southall et al. (2007) mammal hearing groups and their that time, we are not aware of any recommended that marine mammals be associated hearing ranges are provided changes in the status of these species divided into functional hearing groups in Table 2.

TABLE 2—MARINE MAMMAL HEARING GROUPS [NMFS, 2018]

Generalized hearing Hearing group range *

Low-frequency (LF) cetaceans (baleen whales) ...... 7 Hz to 35 kHz. Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) ...... 150 Hz to 160 kHz. High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, cephalorhynchid, Lagenorhynchus cruciger & L. 275 Hz to 160 kHz. australis). Phocid pinnipeds (PW) (underwater) (true seals) ...... 50 Hz to 86 kHz. Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) ...... 60 Hz to 39 kHz. * Represents the generalized hearing range for the entire group as a composite (i.e., all species within the group), where individual species’ hearing ranges are typically not as broad. Generalized hearing range chosen based on ∼65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al. 2007) and PW pinniped (approximation).

The pinniped functional hearing demonstrated an extended frequency (Hemila¨ et al., 2006; Kastelein et al., group was modified from Southall et al. range of hearing compared to otariids, 2009; Reichmuth and Holt, 2013). (2007) on the basis of data indicating especially in the higher frequency range For more detail concerning these that phocid species have consistently groups and associated frequency ranges,

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27252 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

please see NMFS (2018) for a review of Level B harassment for Steller sea lions. prediction of takes, additional available information. Twenty-one Additionally, to account for group information that can qualitatively marine mammal species (16 cetacean behavior of marine mammals, the inform take estimates is also sometimes and 5 pinniped (3 otariid and 2 phocid) authorized number of takes by Level A available (e.g., previous monitoring species) have the reasonable potential to harassment for some species has been results or average group size). Below, we co-occur with the planned survey increased to that of an average group describe the factors considered here in activities. Please refer to Table 1. Of the size if the calculated value was smaller. more detail and present the take 16 cetacean species that may be present, These changes are discussed in greater estimates. 7 are classified as low-frequency detail below in the appropriate sections. cetaceans (i.e., all mysticete species), 7 Harassment is the only type of take Acoustic Thresholds are classified as mid-frequency expected to result from these activities Using the best available science, cetaceans (i.e., all delphinid and ziphiid and the only type of take that is NMFS has developed acoustic species and the sperm whale), and 2 are authorized. Except with respect to thresholds that identify the received classified as high-frequency cetaceans certain activities not pertinent here, level of underwater sound above which (i.e., harbor porpoise and Kogia spp.). section 3(18) of the MMPA defines exposed marine mammals would be ‘‘harassment’’ as: Any act of pursuit, reasonably expected to be behaviorally Potential Effects of Specified Activities torment, or annoyance which (i) has the on Marine Mammals and Their Habitat harassed (equated to Level B potential to injure a marine mammal or harassment) or to incur PTS of some The effects of underwater noise from marine mammal stock in the wild (Level degree (equated to Level A harassment). seismic airgun and other associated A harassment); or (ii) has the potential Level B Harassment for non-explosive activities for the Gulf of Alaska to disturb a marine mammal or marine sources—Though significantly driven by geophysical survey have the potential to mammal stock in the wild by causing received level, the onset of behavioral result in behavioral harassment and a disruption of behavioral patterns, disturbance from anthropogenic noise small degree of PTS in marine mammals including, but not limited to, migration, exposure is also informed to varying in the vicinity of the action area. The breathing, nursing, breeding, feeding, or degrees by other factors related to the Federal Register notice for the proposed sheltering (Level B harassment). source (e.g., frequency, predictability, IHA (84 FR 14200; April 9, 2019) Authorized takes would primarily be duty cycle), the environment (e.g., included a discussion of the effects of by Level B harassment, as use of the bathymetry), and the receiving animals anthropogenic noise on marine acoustic source (i.e., seismic airguns) (hearing, motivation, experience, mammals, therefore that information is has the potential to result in disruption demography, behavioral context) and not repeated here; please refer to the of behavioral patterns for individual can be difficult to predict (Southall et Federal Register notice (84 FR 14200; marine mammals. There is also some al., 2007, Ellison et al., 2012). Based on April 9, 2019) for that information. potential for auditory injury (Level A The main impact associated with the harassment) to result, primarily for high what the available science indicates and Gulf of Alaska geophysical survey frequency species because predicted the practical need to use a threshold would be temporarily elevated sound auditory injury zones are larger than for based on a factor that is both predictable levels and the associated direct effects low-frequency species, mid-frequency and measurable for most activities, on marine mammals. The project would species, phocids, and otariids. As a NMFS uses a generalized acoustic not result in permanent impacts to precaution, small numbers of takes by threshold based on received level to habitats used directly by marine Level A harassment are authorized for estimate the onset of behavioral mammals, such as haulout sites, but many species listed in Table 1. Please harassment. NMFS predicts that marine may have potential short-term impacts see Table 9 below for additional further mammals are likely to be behaviorally to food sources such as forage fish or information on what species have harassed in a manner we consider Level zooplankton during the Gulf of Alaska authorized takes by Level A harassment. B harassment when exposed to geophysical survey. These potential This auditory injury is expected to be, underwater anthropogenic noise above effects are discussed in detail in the at most, low level PTS and the received levels of 120 dB re 1 mPa (rms) Federal Register notice for the proposed mitigation and monitoring measures are for continuous (e.g., vibratory pile- IHA (84 FR 14200; April 9, 2019), expected to further minimize the driving, drilling) and above 160 dB re 1 therefore that information is not severity of such taking to the extent mPa (rms) for non-explosive impulsive repeated here; please refer to that practicable. (e.g., seismic airguns) or intermittent Federal Register notice for that As described previously, no mortality (e.g., scientific sonar) sources. L–DEO’s information. is anticipated or authorized for this specified activity includes the use of activity. Below we describe how the impulsive seismic sources. Therefore, Estimated Take take is estimated. the 160 dB re 1 mPa (rms) criteria is This section provides an estimate of Generally speaking, we estimate take applicable for analysis of level B the number of incidental takes by considering: (1) Acoustic thresholds harassment. authorized through this IHA, which will above which NMFS believes the best Level A harassment for non-explosive inform both NMFS’ consideration of available science indicates marine sources—NMFS’ Technical Guidance ‘‘small numbers’’ and the negligible mammals will be behaviorally harassed for Assessing the Effects of impact determination. or incur some degree of permanent Anthropogenic Sound on Marine Since the proposed IHA, NMFS was hearing impairment; (2) the area or Mammal Hearing (Version 2.0) made aware of errors in the calculations volume of water that will be ensonified (Technical Guidance, 2018) identifies used to estimate ensonified area and above these levels in a day; (3) the dual criteria to assess auditory injury determined there was reason to use an density or occurrence of marine (Level A harassment) to five different increased Steller sea lion density mammals within these ensonified areas; marine mammal groups (based on estimate. These changes resulted in an and, (4) and the number of days of hearing sensitivity) as a result of increase in the estimated take by Level activities. We note that while these exposure to noise from two different A harassment for some species, and an basic factors can contribute to a basic types of sources (impulsive or non- increase in take by both Level A and calculation to provide an initial impulsive). L–DEO’s planned seismic

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27253

survey includes the use of impulsive and methodology used in the https://www.fisheries.noaa.gov/ (seismic airguns) sources. development of the thresholds are national/marine-mammal-protection/ These thresholds are provided in the described in NMFS 2018 Technical marine-mammal-acoustic-technical- Table 3 below. The references, analysis, Guidance, which may be accessed at guidance.

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT IN MARINE MAMMALS

PTS onset thresholds Hearing group Impulsive* Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... LE,LF,24h: 199 dB Mid-Frequency (MF) Cetaceans ...... Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... LE,MF,24h: 198 dB High-Frequency (HF) Cetaceans ...... Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... LE,HF,24h: 173 dB Phocid Pinnipeds (PW) (Underwater) ...... Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... LE,PW,24h: 201 dB Otariid Pinnipeds (OW) (Underwater) ...... Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... LE,OW,24h: 219 dB Note: * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non- impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa2s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area widest point from the sea surface down robust tool for conservatively estimating Here, we describe operational and to the maximum relevant water depth isopleths. ∼ In shallow water (<100 m), the depth environmental parameters of the activity for marine mammals of 2000 m. At of the calibration hydrophone (18 m) that will feed into identifying the area short ranges, where the direct arrivals used during the GoM calibration survey ensonified above the acoustic dominate and the effects of seafloor was appropriate to sample the thresholds, which include source levels interactions are minimal, the data maximum sound level in the water and transmission loss coefficient. recorded at the deep and slope sites are column, and the field measurements The planned surveys would acquire suitable for comparison with modeled reported in Table 1 of Tolstoy et al. data with the 36-airgun array with a levels at the depth of the calibration (2009) for the 36-airgun array at a tow total discharge of 6,600 in3 at a hydrophone. At longer ranges, the comparison with the mitigation model— depth of 6 m can be used to derive maximum tow depth of 12 m. L–DEO isopleths. model results are used to determine the constructed from the maximum SPL through the entire water column at For deep water (<1000 m), we use the 160-dBrms radius for the 36-airgun deep-water radii obtained from L–DEO array and 40-in3 airgun at a 12-m tow varying distances from the airgun ≤ array—is the most relevant. model results down to a maximum depth in deep water ( 1000 m) down to water depth of 2000 m. The radii for a maximum water depth of 2,000 m. In deep and intermediate-water intermediate water depths (100–1000 m) Received sound levels were predicted depths, comparisons at short ranges are derived from the deep-water ones by by L–DEO’s model (Diebold et al., 2010) between sound levels for direct arrivals applying a correction factor which uses ray tracing for the direct recorded by the calibration hydrophone (multiplication) of 1.5, such that wave traveling from the array to the and model results for the same array observed levels at very near offsets fall receiver and its associated source ghost tow depth are in good agreement (Fig. below the corrected mitigation curve (reflection at the air-water interface in 12 and 14 in Appendix H of the NSF– (Fig. 16 in Appendix H of the NSF– the vicinity of the array), in a constant- USGS, 2011). Consequently, isopleths USGS, 2011). velocity half-space (infinite falling within this domain can be The shallow-water radii are obtained homogeneous ocean layer, unbounded predicted reliably by the L–DEO model, by scaling the empirically derived by a seafloor). In addition, propagation although they may be imperfectly measurements from the GoM calibration measurements of pulses from the 36- sampled by measurements recorded at a survey to account for the differences in airgun array at a tow depth of 6 m have single depth. At greater distances, the tow depth between the calibration been reported in deep water (∼1600 m), calibration data show that seafloor- survey (6 m) and the planned survey (12 intermediate water depth on the slope reflected and sub-seafloor-refracted m); whereas the shallow water in the (∼600–1100 m), and shallow water (∼50 arrivals dominate, whereas the direct GoM may not exactly replicate the m) in the Gulf of Mexico (GoM) in arrivals become weak and/or shallow water environment at the 2007–2008 (Tolstoy et al. 2009; Diebold incoherent. Aside from local topography specified survey site, it has been shown et al. 2010). effects, the region around the critical to serve as a good and very conservative For deep and intermediate-water distance is where the observed levels proxy (Crone et al. 2014). A simple cases, the field measurements cannot be rise closest to the mitigation model scaling factor is calculated from the used readily to derive Level A and Level curve. However, the observed sound ratios of the isopleths determined by the B isopleths, as at those sites the levels are found to fall almost entirely deep-water L–DEO model, which are calibration hydrophone was located at a below the mitigation model. Thus, essentially a measure of the energy roughly constant depth of 350–500 m, analysis of the GoM calibration radiated by the source array. which may not intersect all the sound measurements demonstrates that Measurements have not been reported pressure level (SPL) isopleths at their although simple, the L–DEO model is a for the single 40-in3 airgun. L–DEO

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27254 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

model results are used to determine the water model results. For shallow water, application. The estimated distances to 3 160 dBrms radius for the 40-in airgun at a scaling of the field measurements the Level B harassment isopleth for the a 12-m tow depth in deep water (Fig. A– obtained for the 36-airgun array was Langseth’s 36-airgun array and single 3 in the IHA application). For used. 40-in3 airgun are shown in Table 4. intermediate-water depths, a correction L–DEO’s modeling methodology is factor of 1.5 was applied to the deep- described in greater detail in the IHA

TABLE 4—PREDICTED RADIUS FROM R/V LANGSETH SEISMIC SOURCE TO ISOPLETHS CORRESPONDING TO LEVEL B HARASSMENT THRESHOLD

Predicted distances Tow depth Water depth (in m) to the 160-dB Source and volume (m) (m) Received Sound Level

Single Bolt airgun, 40 in3 ...... 12 >1000 m 1 431 100–1000 m 2 647 <100 m 3 1,041 4 strings, 36 airguns, 6600 in3 ...... 12 >1000 m 1 6,733 100–1000 m 2 10,100 <100 m 3 25,494 1 Distance is based on L–DEO model results. 2 Distance is based on L–DEO model results with a 1.5 × correction factor between deep and intermediate water depths. 3 Distance is based on empirically derived measurements in the GoM with scaling applied to account for differences in tow depth.

Predicted distances to Level A representation of the source level. To harassment with a small grid step of 1 harassment isopleths, which vary based compute the farfield signature, the m in both the inline and depth on marine mammal hearing groups, source level is estimated at a large directions. The propagation modeling were calculated based on modeling distance below the array (e.g., 9 km), takes into account all airgun performed by L–DEO using the and this level is back projected interactions at short distances from the NUCLEUS software program and the mathematically to a notional distance of source, including interactions between NMFS User Spreadsheet, described 1 m from the array’s geometrical center. subarrays which are modeled using the below. The updated acoustic thresholds However, when the source is an array of NUCLEUS software to estimate the for impulsive sounds (e.g., airguns) multiple airguns separated in space, the notional signature and MATLAB contained in the Technical Guidance source level from the theoretical farfield software to calculate the pressure signal were presented as dual metric acoustic signature is not necessarily the best at each mesh point of a grid. For a more thresholds using both SELcum and peak measurement of the source level that is sound pressure metrics (NMFS 2016a). physically achieved at the source complete explanation of this modeling As dual metrics, NMFS considers onset (Tolstoy et al. 2009). Near the source (at approach, please see ‘‘Appendix A: of PTS (Level A harassment) to have short ranges, distances <1 km), the Determination of Mitigation Zones’’ in occurred when either one of the two pulses of sound pressure from each the IHA application. metrics is exceeded (i.e., metric individual airgun in the source array do In order to more realistically resulting in the largest isopleth). The not stack constructively, as they do for incorporate the Technical Guidance’s SELcum metric considers both level and the theoretical farfield signature. The weighting functions over the seismic duration of exposure, as well as pulses from the different airguns spread array’s full acoustic band, unweighted auditory weighting functions by marine out in time such that the source levels spectrum data for the Langseth’s airgun mammal hearing group. In recognition observed or modeled are the result of array (modeled in 1 Hz bands) was used of the fact that the requirement to the summation of pulses from a few to make adjustments (dB) to the calculate Level A harassment ensonified airguns, not the full array (Tolstoy et al. unweighted spectrum levels, by areas could be more technically 2009). At larger distances, away from frequency, according to the weighting challenging to predict due to the the source array center, sound pressure functions for each relevant marine duration component and the use of of all the airguns in the array stack mammal hearing group. These adjusted/ weighting functions in the new SELcum coherently, but not within one time thresholds, NMFS developed an sample, resulting in smaller source weighted spectrum levels were then optional User Spreadsheet that includes levels (a few dB) than the source level converted to pressures (mPa) in order to tools to help predict a simple isopleth derived from the farfield signature. integrate them over the entire that can be used in conjunction with Because the farfield signature does not broadband spectrum, resulting in marine mammal density or occurrence take into account the large array effect broadband weighted source levels by to facilitate the estimation of take near the source and is calculated as a hearing group that could be directly numbers. point source, the modified farfield incorporated within the User The values for SELcum and peak SPL signature is a more appropriate measure Spreadsheet (i.e., to override the for the Langseth airgun array were of the sound source level for distributed Spreadsheet’s more simple weighting derived from calculating the modified sound sources, such as airgun arrays. L– factor adjustment). These hearing group farfield signature (Table 5). The farfield DEO used the acoustic modeling specific weighted source levels are signature is often used as a theoretical methodology as used for Level B presented in Table 5 below.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27255

TABLE 5—MODELED SOURCE LEVELS BASED ON MODIFIED FARFIELD SIGNATURE FOR THE R/V LANGSETH 6,600 IN3 AIRGUN ARRAY, AND SINGLE 40 IN3 AIRGUN

Low frequency Mid frequency High frequency Phocid Pinnipeds Otariid Pinnipeds cetaceans cetaceans cetaceans (Underwater) (Underwater) (Lpk,flat: 219 dB; (Lpk,flat: 230 dB; (Lpk,flat: 202 dB; (Lpk,flat: 218 dB; (Lpk,flat: 232 dB; LE,LF,24h: 183 dB) LE,MF,24h: 185 dB LE,HF,24h: 155 dB) LE,HF,24h: 185 dB) LE,HF,24h: 203 dB)

3 6,600 in airgun array (Peak SPLflat) .... 252.06 252.65 253.24 252.25 252.52 3 6,600 in airgun array (SELcum) ...... 232.98 232.84 233.10 232.84 232.08 3 40 in airgun (Peak SPLflat) ...... 223.93 N.A. 223.92 223.95 N.A. 3 40 in airgun (SELcum) ...... 202.99 202.89 204.37 202.89 202.35

Using the User Spreadsheet’s ‘‘safe calculated for SELcum thresholds (Table application. Outputs from the User distance’’ methodology for mobile 6). Spreadsheets in the form of estimated sources (described by Sivle et al., 2014) Inputs to the User Spreadsheets in the distances to Level A harassment with the hearing group-specific form of estimated SLs are shown in isopleths for the surveys are shown in weighted source levels, and inputs Table 5. User Spreadsheets used by L– Table 6. As described above, NMFS assuming spherical spreading DEO to estimate distances to Level A considers onset of PTS (Level A propagation and source velocities and harassment isopleths for the 36-airgun harassment) to have occurred when 3 shot intervals provided in the IHA array and single 40 in airgun for the either one of the dual metrics (SELcum application, potential radial distances to surveys are shown is Tables A–2, A–3, and Peak SPLflat) is exceeded (i.e., auditory injury zones were then A–5, and A–8 in Appendix A of the IHA metric resulting in the largest isopleth).

TABLE 6—MODELED RADIUS (m) TO ISOPLETHS CORRESPONDING TO LEVEL A HARASSMENT THRESHOLDS

Low frequency Mid frequency High frequency Phocid Pinnipeds Otariid Pinnipeds cetaceans cetaceans cetaceans (Underwater) (Underwater) (Lpk,flat: 219 dB; (Lpk,flat: 230 dB; (Lpk,flat: 202 dB; (Lpk,flat: 218 dB; (Lpk,flat: 232 dB; LE,LF,24h: 183 dB) LE,MF,24h: 185 dB LE,HF,24h: 155 dB) LE,HF,24h: 185 dB) LE,HF,24h: 203 dB)

3 6,600 in airgun array (Peak SPLflat) .... 38.9 13.6 268.3 43.7 10.6 3 6,600 in airgun array (SELcum) ...... 40.1 N.A. 0.1 1.3 N.A. 3 40 in airgun (Peak SPLflat) ...... 1.76 N.A. 12.5 1.98 N.A. 3 40 in airgun (SELcum) ...... 2.38 N.A. N.A. N.A. N.A.

Note that because of some of the after discussion with the Commission IHA did not accurately account for the assumptions included in the methods and determining that the density value 18 day duration of the survey. To used, isopleths produced may be used by the Navy, which was corrected correct this, Table 8 explaining the overestimates to some degree, which to account for the proportion of Steller derivation of ensonified areas has been will ultimately result in some degree of sea lions expected to be at sea, may not adjusted and the resulting take by Level overestimate of Level A harassment. be the best proxy for L–DEO’s survey A harassment for all species has been However, these tools offer the best way area. Because the Navy’s action area was increased as needed (Table 9). As in the to predict appropriate isopleths when located in a more offshore portion of the proposed IHA, the estimated number of more sophisticated modeling methods Gulf of Alaska and only a portion (25 takes by Level B harassment has been are not available, and NMFS continues percent) of Steller sea lions were reduced by the numbers of take by Level to develop ways to quantitatively refine expected to be feeding at-sea, the Navy A harassment to avoid double counting these tools and will qualitatively applied a 0.25 correction factor to the of an individual animal exposed to both address the output where appropriate. calculated density of Steller sea lions for levels of harassment. For mobile sources, such as the planned the Gulf of Alaska Large Marine Additionally, all proposed takes by seismic survey, the User Spreadsheet Ecosystem. L–DEO’s survey does Level A harassment for mid-frequency predicts the closest distance at which a include areas closer to shore, so the use cetaceans were removed, and there is no stationary animal would not incur PTS of this corrected density estimate may take by Level A harassment authorized if the sound source traveled by the have resulted in underestimating Steller for species in this hearing group. This animal in a straight line at a constant sea lion take. In this final IHA, we removal was based on consideration of speed. account for the difference in action the small calculated Level A harassment areas by removing the Navy’s correction Marine Mammal Occurrence zone and the properties of sound fields factor and the updating the inshore produced by arrays in the near field In this section we provide the density used to generate final take versus far field which logically lead to information about the presence, density, estimates to 0.0392 individuals/km2 the conclusion that Level A harassment or group dynamics of marine mammals (0.0098 * 4). The density for deeper is so unlikely for this hearing group as that will inform the take calculations. strata remains at 0.0098 individuals/ to be discountable. Estimated takes by Since the proposed IHA, NMFS km2 for L–DEO’s planned survey. The Level A harassment which were identified a more appropriate inshore resulting increases in take by Level A presented in the proposed IHA have density estimate for Steller sea lions, as and Level B harassment are displayed in been added as takes by Level B reported in Table 7, changing it from Table 9. harassment to ensure all marine 0.0098 individuals/km2 to 0.0392 Additionally, the estimates of take by mammals estimated to be in the individuals/km2. This change was made Level A harassment in the proposed ensonified area are accounted for.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27256 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Finally, for some species, including Dall’s porpoise used here were taken However, in the North Pacific right blue whale, sei whale, and minke from that source. whale critical habitat off of Kodiak whale, the number of proposed takes by DoN (2014) derived gray whale Island, it is reasonable to expect a Level A harassment was increased to the densities in two zones, nearshore (0– higher density. In this critical habitat average group size to conservatively 2.25 n.mi from shore) and offshore (from area, the Alaska Fisheries Science account for how these species may be 2.25–20 nmi from shore). In our Center (LOA application available here: encountered during the survey. These calculations, the nearshore density was https://www.fisheries.noaa.gov/ changes are explained in Table 9. used to represent the inshore zone and national/marine-mammal-protection/ In the planned survey area in the Gulf the offshore density was used to incidental-take-authorizations-research- of Alaska, L–DEO determined the best represent the slope zone. and-other-activities) used a conservative marine mammal density data to be Harbor porpoise densities in DoN density estimate based on acoustic habitat-based stratified marine mammal (2014) were derived from Hobbs and detections (Rone et al. 2014) and photo densities developed by the U.S. Navy Waite (2010) which included additional identifications throughout the entirety for assessing potential impacts of shallow water depth strata. The density of the Gulf of Alaska. For the portion of training activities in the GOA (DoN estimate from the 100 m to 200 m depth L–DEO’s activities that occur in North 2014). Alternative density estimates strata was conservatively used to Pacific right whale critical habitat, available for species in this region are represent the entire inshore zone (<1000 NMFS will use this more conservative not stratified by water depth and m) in this analysis. density estimate (Table 7). therefore do not reflect the known Harbor seals typically remain close to variability in species distribution shore so minimal estimates were used All densities were corrected for relative to habitat features. Consistent for the three deep water zones. To perception bias [f(0)] but only harbor with Rone et al. (2014), four strata were account for increased inshore density, a porpoise densities were corrected for defined: Inshore: All waters <1000 m one thousand fold increase of the availability bias [g(0)], as described by deep; Slope: From 1000 m water depth minimal density was assumed to the respective authors. There is some to the Aleutian trench/subduction zone; represent the entire inshore zone (DoN uncertainty related to the estimated Offshore: Waters offshore of the 2014). density data and the assumptions used Aleutian trench/subduction zone; Densities for Minke whale, Pacific in their calculations, as with all density Seamount: Waters within defined white-sided dolpin, and Cuvier’s and data estimates. However, the approach seamount areas. Densities Baird’s beaked whales were based on used here is based on the best available corresponding to these strata were based Waite (2003 in DoN 2009). Although sei data and are stratified by the water on data from several different sources, whale sightings and Stejneger’s beaked depth (habitat) zones present within the including Navy funded line-transect whale acoustic detections were recorded survey area. These depth stratified surveys in the GOA as described below during the Navy funded GOA surveys, densities allow L–DEO to better capture and in Appendix B. data were insufficient to calculate known variability in species To develop densities specific to the densities for these species, so distribution in the Gulf of Alaska, and GOA, the Navy conducted two predictions from a global model of accurately assess impacts. Alternative comprehensive marine mammal surveys marine mammals densities were used density estimates were available for in the Temporary Marine Activities (DoN 2014). species in this region, such as those Area (TMAA) in the GOA prior to 2014. Steller sea lion and northern elephant used by the Alaska Fisheries Science The first survey was conducted from 10 seal densities were calculated using Center (AFSC) (AFSC LOA application to 20 April 2009 and the second was shore-based population estimates available here: https:// from 23 June to 18 July 2013. Both divided by the area of the GOA Large www.fisheries.noaa.gov/national/ surveys used systematic line-transect Marine Ecosystem (DoN 2014). As marine-mammal-protection/incidental- survey protocols including visual and mentioned above, in the proposed IHA, take-authorizations-research-and-other- acoustic detection methods (Rone et al. the values for Steller sea lion were activities). AFSC density values were 2010; Rone et al. 2014). The data were corrected to account for the proportion not stratified by water depth and collected in four strata that were of the population that would be represented marine mammal density designed to encompass the four distinct encountered at sea. For the final IHA, throughout the entire Gulf of Alaska. habitats within the TMAA and greater Steller sea lion inshore density was While some density estimates provided GOA. Rone et al. (2014) provided increased to 0.0392 individuals/km2, by in the AFSC application are more stratified line-transect density estimates eliminating the Navy’s correction factor, conservative, the relative proximity of used in this analysis for fin, humpback, to account for L–DEO’s more inshore surveys that generated DoN estimates blue, sperm, and killer whales, as well activity when compared to the Navy’s. and L–DEO’s consideration and as northern fur seals (Table 7). Data The North Pacific right whale, Risso’s inclusion of publically available newer from a subsequent survey in 2015 were dolphin, and California sea lion are only values from Rone et al. (2017) mean the used to calculate alternative density rarely observed in or near the survey calculated exposures that are based on estimates for several species (Rone et al. area, so minimal densities were used to these densities are best estimates for L– 2017) and the density estimates for represent their potential presence. DEO’s planned survey.

TABLE 7—MARINE MAMMAL DENSITY VALUES IN THE PLANNED SURVEY AREA AND SOURCE

Estimated density (#/km2)

1 Slope Offshore Seamount Species Inshore (1000 m to (offshore of (in defined Source (<1000 m) Aleutian Aleutian seamount Trench) Trench) areas)

LF Cetaceans: North Pacific Right Whale .... 2 0.00001 2 0.00001 2 0.00001 2 0.00001 DoN (2014).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27257

TABLE 7—MARINE MAMMAL DENSITY VALUES IN THE PLANNED SURVEY AREA AND SOURCE—Continued

Estimated density (#/km2)

1 Slope Offshore Seamount Species Inshore (1000 m to (offshore of (in defined Source (<1000 m) Aleutian Aleutian seamount Trench) Trench) areas)

Humpback Whale ...... 0.129 0.0002 0.001 0.001 Rone et al. (2014) (Table 16). Blue whale ...... 0.0005 0.0005 0.0005 0.002 Rone et al. (2014) (Table 16). Fin Whale ...... 0.071 0.014 0.021 0.005 Rone et al. (2014) (Table 16). Sei Whale ...... 0.0001 0.0001 0.0001 0.0001 DoN (2014), adapted from Figure 5–24. Minke Whale ...... 0.0006 0.0006 0.0006 0.0006 DoN (2014). Gray Whale ...... 3 0.04857 3 0.00243 3 0 3 0 DoN (2014). MF Cetaceans: Sperm Whale ...... 0 0.0033 0.0013 0.00036 DoN (2014). Killer Whale ...... 0.005 0.02 0.002 0.002 Rone et al. (2014) (Table 14). Pacific White-Sided Dolphin 0.0208 0.0208 0.0208 0.0208 DoN (2014). Cuvier’s Beaked Whale ...... 0.0022 0.0022 0.0022 0.0022 Waite (2003) in DoN (2014). Baird’s Beaked Whale ...... 0.0005 0.0005 0.0005 0.0005 DoN (2014). Stejneger’s Beaked Whale ... 4 0.00001 0.00142 0.00142 0.00142 DoN (2014), adapted from Figure 9–12. Risso’s Dolphin...... 0.00001 0.00001 0.00001 0.00001 DoN (2014). HF Cetaceans: Harbor Porpoise...... 0.0473 0 0 0 Hobbes and Waite (2010) in DoN (2014). Dall’s Porpoise ...... 0.218 0.196 0.037 0.024 Rone et al. (2017). Otarrid Seals: Steller Sea Lion ...... 0.0392 0.0098 0.0098 0.0098 DoN (2014). California Sea Lion ...... 0.00001 0.00001 0.00001 0.00001 DoN (2014). Northern Fur Seal...... 0.015 0.004 0.017 0.006 Rone et al. (2014) (Table 14). Phocid Seals: Northern Elephant Seal ...... 0.0022 0.0022 0.0022 0.022 DoN (2014). Harbor Seal ...... 0.01 0.00001 0.00001 0.00001 DoN (2014). 1 No stock specific densities are available so densities are assumed equal for all stocks present. 2 For North Pacific right whales, estimated density within the Kodiak Island critical habitat is 0.0053 animals/km2, based on detections from the GOALSII survey (Rone et al. 2014), the assumed use of the critical habitat by all right whales in the Gulf of Alaska (Wade et al. 2011a), and a conservative correction factor. 3 Gray whale density was defined in two zones, nearshore (0–2.25 n.mi from shore) and offshore (from 2.25–20 nmi from shore). In our cal- culations, the nearshore density was used to represent the inshore zone and the offshore density was used to represent the slope zone. In areas further offshore than the slope, density was assumed to be 0. 4 Stejneger’s whale are generally found in slope waters, therefore, assuming minimal inshore density.

Take Calculation and Estimation predicted isopleths corresponding to the estimated to be ensonified in a single Here we describe how the information Level A harassment and Level B day of the survey is then calculated provided above is brought together to harassment thresholds are calculated, as (Table 8), based on the areas predicted produce a quantitative take estimate. In described above. Those radial distances to be ensonified around the array and order to estimate the number of marine are then used to calculate the area(s) the estimated trackline distance traveled mammals predicted to be exposed to around the airgun array predicted to be per day. This number is then multiplied sound levels that would result in Level ensonified to sound levels that exceed by the number of survey days. Active A harassment or Level B harassment, the Level A harassment and Level B seismic operations are planned for 18 the radius from the airgun array to harassment thresholds. The area days during this Gulf of Alaska survey. TABLE 8—AREAS (km2) ESTIMATED TO BE ENSONIFIED TO LEVEL A AND LEVEL B HARASSMENT THRESHOLDS, PER DAY FOR GULF OF ALASKA SURVEY

Daily Increased Total ensonified 25 Percent daily Total survey ensonified Relevant Criteria area ensonified isopleth increase area days area (m) (km2) (km2) (km2)

Level B: Inshore 1 ...... 160 dB 1963.1 1.25 2453.9 18 44,170.2 10,100, 1 25,493 Slope ...... 160 dB 684.1 1.25 855.2 18 15,393.6 6,733 Offshore ...... 160 dB 1159.5 1.25 1449.3 18 26,087.4 6,733 Seamount ...... 160 dB 119.8 1.25 149.7 18 2,694.6 6,733

Level A: LF Cetacean ...... 19.6 1.25 24.5 18 441.0 40.1 MF Cetacean ...... 6.6 1.25 8.3 18 149.4 13.6 HF Cetacean ...... 131.1 1.25 163.5 18 2950.2 268.3 Otarid ...... 5.2 1.25 6.5 18 117.0 10.6 Phocid ...... 21.4 1.25 26.7 18 480.6 43.7 1 Includes area ensonified above 160 dB in waters <100 m deep using an isopleth distance of 25,493 m. See application for further explanation.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27258 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

The product is then multiplied by A harassment and Level B harassment taken. Estimated exposures for the Gulf 1.25 to account for the additional 25 thresholds. The marine mammals of Alaska seismic survey are shown in percent contingency. This results in an predicted to occur within these Table 9. estimate of the total areas (km2) respective areas, based on estimated expected to be ensonified to the Level densities, are assumed to be incidentally TABLE 9—ESTIMATED LEVEL A AND LEVEL B EXPOSURES, AND PERCENTAGE OF STOCK OR POPULATION EXPOSED DURING GULF OF ALASKA SURVEY

1 1 Percentage of Stock Level B Level A Stock size stock

LF Cetaceans: North Pacific Right Whale ...... Eastern North Pacific ...... 2 11 0 31 3 <33 Humpback Whale ...... Central North Pacific (Hawaii DPS) 3 ...... 4 5,079 21 11,398 3 <33 Central North Pacific (Mexico DPS) 3 ...... 4 599 3 3,264 18.44 Western North Pacific 3 ...... 4 28 1 1,107 2.62 Blue whale ...... Eastern North Pacific ...... 47 562 1,647 2.98 Central North Pacific. 133 3 <33 Fin Whale ...... Northeast Pacific ...... 3,897 16 7 3,168 3 <33 Sei Whale ...... Eastern North Pacific ...... 7 6 2 519 1.73 Minke Whale ...... Alaska ...... 52 6 2 8 1,233 4.38 Gray Whale ...... Eastern North Pacific ...... 2,174 5 9 26,960 8.10 Western North Pacific. 175 3 <33

MF Cetaceans: Sperm Whale ...... North Pacific ...... 86 9 0 10 345 24.93 Killer Whale ...... Alaska Resident ...... 587 9 0 2,347 25.01 Gulf of Alaska, Aleutian Islands, and Bering 587 3 <33 Sea Transient. Offshore. 240 3 <33 Pacific White-Sided Dolphin ...... North Pacific ...... 1,838 9 0 26,880 6.84 Cuvier’s Beaked Whale ...... Alaska ...... 195 9 0 11 NA NA Baird’s Beaked Whale ...... Alaska ...... 45 9 0 11 NA NA Stejneger’s Beaked Whale ...... Alaska ...... 64 9 0 11 NA NA Risso’s Dolphin ...... CA/OR/WA ...... 12 16 9 0 6,336 0.25

HF Cetaceans: Harbor Porpoise ...... Gulf of Alaska ...... 13 1,830 13 51 31,046 13 6.06 Southeast Alaska ...... 13 203 13 6 975 13 21.74 Dall’s Porpoise ...... Alaska ...... 13,196 481 83,400 16.44

Otariid Seals: Steller Sea Lion ...... Eastern U.S ...... 2,165 5 3 41,638 5.21 Western U.S. 54,267 4.00 California Sea Lion ...... U.S ...... 14 1 1 296,750 0.00067 Northern Fur Seal ...... Eastern Pacific ...... 1,182 2 620,660 0.19

Phocid Seals: Northern Elephant Seal ...... California Breeding ...... 193 2 179,000 0.11 Harbor Seal ...... South Kodiak ...... 441 5 2 19,199 2.31 Cook Inlet/Shelikof Strait. 27,386 1.62 Prince William Sound. 29,889 1.48 1 Unless otherwise noted, all calculated takes by Level B harassment have been reduced by the number of authorized takes by Level A harassment. This prevents double counting of takes across the two levels of harassment. 2 NMFS feels that take by Level A harassment of North Pacific right whale can be effectively avoided based on mitigation and monitoring measures, and therefore has not authorized take by Level A harassment for the species. 3 The percentage of these stocks expected to experience take is discussed further in the Small Numbers section later in the document. 4 Takes are allocated amongst the three DPSs in the area based on Wade et al. 2016 (0.5% WNP, 89.0% Hawaii DPS, 10.5% Mexico DPS). Because of rounding, the total take is higher than calculated. Population sizes for the Hawaii and Mexican DPSs are provided in 81 FR 62259 (effective October 11, 2016). 5 Where multiple stocks are being affected and there is no clear method to allocate takes between stocks, for the purposes of calculating the percentage of the stock impacted, takes by Level A harassment are being analyzed as if it occurred within each stock. 6 Authorized take by Level A harassment was raised to the approximate group size for these species. Group estimates were based on Rone et al. (2017) (Blue whale), NOAA Fisheries Species page (https://www.fisheries.noaa.gov/species/sei-whale) (Sei whale), and Zerbini et al. (2006) (Minke whale). 7 Fin whale abundance estimate is the highest of Rone et al. (2017) estimates. Based on the limited footprint of the surveys that lead to this estimate, the true abundance of the stock is expected to be much higher. 8 Minke whale abundance estimates is from Zerbini et al. (2006). 9 In the proposed Federal Register notice, NMFS proposed to authorize 1 take by Level A harassment for each species in the MF Cetacean hearing group. Based on the small Level A harassment zone, NMFS believes these takes by Level A harassment are not necessary for this action. 10 Sperm whale abundance estimates is the maximum value from Rone et al. (2017). 11 For beaked whales, there is no accepted estimates of abundance for the Alaska stocks. 12 The requested number of takes by Level B harassment for Risso’s dolphin has been increased to 16, the average group size. 13 Based on the range of the Southeast Alaska stock of harbor porpoises, they are expected to be very rare in the area (See ‘‘Description of Marine Mammals in the Area of Specified Activities’’). We therefore conservatively assume that at most, 10 percent of takes will occur from the Southeast Alaska population. The numbers for both Gulf of Alaska and Southeast Alaska stocks reflect this assumption. Because of rounding, the total take between the two stocks is higher than the original calculation. 14 Only 1 take by Level B harassment was requested for California sea lion, but a take by Level A harassment was also requested. Therefore, the amount of take by Level B harassment has not be reduced by the number of takes by Level A harassment.

It should be noted that the take take, 25 percent has been added in the airgun testing and repeat coverage of numbers shown in Table 9 are expected form of operational survey days to any areas where initial data quality is to be conservative for several reasons. account for the possibility of additional sub-standard, and in recognition of the First, in the calculations of estimated seismic operations associated with uncertainties in the density estimates

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27259

used to estimate take as described given the low density of the species and the Gulf of Alaska and requested their above. Additionally, marine mammals NMFS evaluation of the effectiveness of comment on the Draft EA, which would be expected to move away from mitigation and monitoring measures. included information on marine a loud sound source that represents an mammal impacts. The groups contacted Effects of Specified Activities on included the Alaska Native Harbor Seal aversive stimulus, such as an airgun Subsistence Uses of Marine Mammals array, potentially reducing the number Commission, the Alaska Sea Otter and of takes by Level A harassment. The availability of the affected marine Steller Sea Lion Commission, and the However, the extent to which marine mammal stocks or species for Aleut Marine Mammal Commission. L– mammals would move away from the subsistence uses may be impacted by DEO and its representatives received no sound source is difficult to quantify and this activity. The subsistence uses that comment from these groups. is, therefore, not accounted for in the may be affected and the potential The planned project could potentially take estimates. impacts of the activity on those uses are impact the availability of marine described below. Measures included in For North Pacific right whale, there is mammals for harvest in a small area this IHA to reduce the impacts of the evidence of a much higher density in immediately around the Langseth, and activity on subsistence uses are the critical habitat south of Kodiak for a very short time period during described in the Mitigation section. Last, Island (Table 7). This density value of seismic operations. Considering the the information from this section and 0.0053 animals/km2 is based on limited time that the planned seismic the Mitigation section is analyzed to detections from the GOALSII survey (4 surveys would take place close to shore, determine whether the necessary where most subsistence harvest of individuals) (Rone et al., 2014), the findings may be made in the marine mammals occurs in the Gulf of assumed use of the critical habitat by all Unmitigable Adverse Impact Analysis Alaska, the planned project is not right whales in the Gulf of Alaska (Wade and Determination section. expected to have any significant impacts et al., 2011a), and a conservative In the GOA, the marine mammals that to the availability of Steller sea lions or correction factor (4), all divided by the are hunted are Steller sea lions and harbor seals for subsistence harvest. area of the critical habitat (3,042.2 km2). harbor seals. In 2011–2012, 37 harbor Additionally, to mitigate any possible To account for this habitat, NMFS used seals were taken from the North Kodiak conflict, community outreach is the Alaska Protected Resources Division Stock and 126 harbor seals were taken planned and described further in Species Distribution Mapper (https:// from the South Kodiak Stock by Mitigation below. www.fisheries.noaa.gov/resource/data/ communities on Kodiak Island (Muto et alaska-endangered-species-and-critical- al. 2016). The number taken from the Mitigation habitat-mapper-web-application) to Cook Inlet/Shelikof Strait Stock for In order to issue an IHA under determine a conservative approximation 2011–2012 is unknown, but an average Section 101(a)(5)(D) of the MMPA, of L–DEO’s survey path through the of 233 were taken from this stock NMFS must set forth the permissible critical habitat based on the annually during 2004–2008 (Muto et al. methods of taking pursuant to such representative tracks in Figure 1 of the 2016). The seasonal distribution of activity, and other means of effecting IHA Application. This measured harbor seal takes by Alaska Natives the least practicable impact on such distance was 35 km. Because the typically shows two distinct hunting species or stock and its habitat, paying majority of this habitat is inside of the peaks—one during spring and one particular attention to rookeries, mating 100 m isopleth, the predicted distance during fall and early winter; however, grounds, and areas of similar to the 160-dB received sound level seals are taken in all months (Wolfe et significance, and on the availability of would be ∼25.5 km. This resulted in a al. 2012). In general, the months of such species or stock for taking for portion of the critical habitat 35 km long highest harvest are September through certain subsistence uses. NMFS by 51 km wide (25.5 km on each side December, with a smaller peak in regulations require applicants for of the survey track), or 1,785 km2 being February/March (Wolfe et al. 2012). incidental take authorizations to include ensonified. Applying the higher density Harvests are traditionally low from May information about the availability and of 0.0053 animals/km2 to this area, through August, when harbor seals are feasibility (economic and technological) results in an estimate of 9.46 North raising pups and molting. of equipment, methods, and manner of Pacific right whales exposed to Level B In 2008, 19 Steller sea lions were conducting such activity or other means harassment in the critical habitat. No taken in the Kodiak Island region and 9 of effecting the least practicable adverse further correction, such as the 25 were taken along the South Alaska impact upon the affected species or percent operation day increase, is Peninsula (Wolfe et al. 2009). As of stocks and their habitat (50 CFR needed for the estimate in the critical 2009, data on community subsistence 216.104(a)(11)). habitat, because the density of 0.0053 harvests are no longer being collected In evaluating how mitigation may or animals/km2 has already been corrected consistently so few data are available. may not be appropriate to ensure the to be highly conservative (AFSC Wolfe et al. (2012) reported an least practicable adverse impact on Application, Table 6–10d). To account estimated 20 sea lions taken by hunters species or stocks and their habitat, as for the rest of the survey occurring on Kodiak Island in 2011. The most well as subsistence uses where outside of the critical habitat, the recent 5-year period with data available applicable, we carefully consider two minimal density presented in DoN (2004–2008) shows an annual average primary factors: (2014), 0.00001 individuals/km2, was catch of 172 steller sea lions for all areas (1) The manner in which, and the used for the remainder of the survey. in Alaska combined except the Pribilof degree to which, the successful The expected take in the rest of the Islands in the Bering Sea (Muto et al. implementation of the measure(s) is survey is 1.10 individuals. Summing 2018). Sea lions are taken from Kodiak expected to reduce impacts to marine these two estimates for take, in both the Island in low numbers year round mammals, marine mammal species or critical habitat and remainder of survey, (Wolfe et al. 2012). stocks, and their habitat, as well as results in an expected take of 10.56 During the process of planning their subsistence uses. This considers the individuals (rounded to 11 individuals). survey, L–DEO and its representatives nature of the potential adverse impact No takes by Level A harassment are contacted organizations associated with being mitigated (likelihood, scope, authorized for North Pacific right whale subsistence harvest of marine mammals range). It further considers the

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27260 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

likelihood that the measure will be mammals within the buffer zone would ramp-ups of the airgun array. Visual effective if implemented (probability of also prevent airgun operations from monitoring of the exclusion and buffer accomplishing the mitigating result if beginning (i.e., ramp-up). The buffer zones must begin no less than 30 implemented as planned) the likelihood zone encompasses the area at and below minutes prior to ramp-up and must of effective implementation (probability the sea surface from the edge of the 0– continue until one hour after use of the implemented as planned). and; 500 m exclusion zone, out to a radius acoustic source ceases or until 30 (2) the practicability of the measures of 1,000 m from the edges of the airgun minutes past sunset. Visual PSOs shall for applicant implementation, which array (500–1,000 m). Visual monitoring coordinate to ensure 360° visual may consider such things as cost, of the exclusion zones and adjacent coverage around the vessel from the impact on operations, and, in the case waters is intended to establish and, most appropriate observation posts, and of a military readiness activity, when visual conditions allow, maintain shall conduct visual observations using personnel safety, practicality of zones around the sound source that are binoculars and the naked eye while free implementation, and impact on the clear of marine mammals, thereby from distractions and in a consistent, effectiveness of the military readiness reducing or eliminating the potential for systematic, and diligent manner. activity. injury and minimizing the potential for PSOs shall establish and monitor the L–DEO has reviewed mitigation more severe behavioral reactions for exclusion and buffer zones. These zones measures employed during seismic animals occurring close to the vessel. shall be based upon the radial distance research surveys authorized by NMFS Visual monitoring of the buffer zone is from the edges of the acoustic source under previous incidental harassment intended to (1) provide additional (rather than being based on the center of authorizations, as well as recommended protection to naı¨ve marine mammals the array or around the vessel itself). best practices in Richardson et al. that may be in the area during pre- During use of the airgun (i.e., anytime (1995), Pierson et al. (1998), Weir and clearance, and (2) during airgun use, aid the acoustic source is active, including Dolman (2007), Nowacek et al. (2013), in establishing and maintaining the ramp-up), occurrences of marine Wright (2014), and Wright and exclusion zone by alerting the visual mammals within the buffer zone (but Cosentino (2015), and has incorporated observer and crew of marine mammals outside the exclusion zone) shall be a suite of mitigation measures into their that are outside of, but may approach communicated to the operator to project description based on the above and enter, the exclusion zone. prepare for the potential shutdown or sources. Since the proposed IHA, NMFS L–DEO must use at least six powerdown of the acoustic source. has clarified that the seismic array must dedicated, trained, NMFS-approved Visual PSOs will immediately be immediately shutdown if a marine Protected Species Observers (PSOs). The communicate all observations to the on mammal species not authorized for take, PSOs must have no tasks other than to duty acoustic PSO(s), including any or a species which has reached its conduct observational effort, record determination by the PSO regarding authorized number of takes, is observed observational data, and communicate species identification, distance, and entering or approaching the Level B with and instruct relevant vessel crew bearing and the degree of confidence in harassment zone. This measure will with regard to the presence of marine the determination. Any observations of prevent the unauthorized harassment of mammals and mitigation requirements. marine mammals by crew members any marine mammal species. PSO resumes shall be provided to shall be relayed to the PSO team. During To reduce the potential for NMFS for approval. good conditions (e.g., daylight hours; disturbance from acoustic stimuli At least one of the visual and two of Beaufort sea state (BSS) 3 or less), visual associated with the activities, L–DEO the acoustic PSOs aboard the vessel PSOs shall conduct observations when will implement mitigation measures for must have a minimum of 90 days at-sea the acoustic source is not operating for marine mammals. Mitigation measures experience working in those roles, comparison of sighting rates and that would be adopted during the respectively, during a deep penetration behavior with and without use of the planned survey include (1) Vessel-based (i.e., ‘‘high energy’’) seismic survey, acoustic source and between acquisition visual mitigation monitoring; (2) Vessel- with no more than 18 months elapsed periods, to the maximum extent based passive acoustic monitoring; (3) since the conclusion of the at-sea practicable. Visual PSOs may be on Establishment of an exclusion zone; (4) experience. One visual PSO with such watch for a maximum of four Power down procedures; (5) Shutdown experience shall be designated as the consecutive hours followed by a break procedures; (6) Ramp-up procedures; (7) lead for the entire protected species of at least one hour between watches Vessel strike avoidance measures; and observation team. The lead PSO shall and may conduct a maximum of 12 (8) Sensitive Habitat Measures. serve as primary point of contact for the hours of observation per 24-hour period. vessel operator and ensure all PSO Combined observational duties (visual Vessel-Based Visual Mitigation requirements per the IHA are met. To and acoustic but not at same time) may Monitoring the maximum extent practicable, the not exceed 12 hours per 24-hour period Visual monitoring requires the use of experienced PSOs should be scheduled for any individual PSO. trained observers (herein referred to as to be on duty with those PSOs with visual PSOs) to scan the ocean surface appropriate training but who have not Passive Acoustic Monitoring visually for the presence of marine yet gained relevant experience. Acoustic monitoring means the use of mammals. The area to be scanned During survey operations (e.g., any trained personnel (sometimes referred to visually includes primarily the day on which use of the acoustic source as passive acoustic monitoring (PAM) exclusion zone, but also the buffer zone. is planned to occur, and whenever the operators, herein referred to as acoustic The buffer zone means an area beyond acoustic source is in the water, whether PSOs) to operate PAM equipment to the exclusion zone to be monitored for activated or not), a minimum of two acoustically detect the presence of the presence of marine mammals that visual PSOs must be on duty and marine mammals. Acoustic monitoring may enter the exclusion zone. During conducting visual observations at all involves acoustically detecting marine pre-clearance monitoring (i.e., before times during daylight hours (i.e., from mammals regardless of distance from ramp-up begins), the buffer zone also 30 minutes prior to sunrise through 30 the source, as localization of animals acts as an extension of the exclusion minutes following sunset) and 30 may not always be possible. Acoustic zone in that observations of marine minutes prior to and during nighttime monitoring is intended to further

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27261

support visual monitoring (during system, do not exceed a cumulative total with 1,500 m of the acoustic source daylight hours) in maintaining an of four hours in any 24-hour period. within the fin whale BIA, L–DEO must exclusion zone around the sound source implement a shutdown. Establishment of an Exclusion Zone and that is clear of marine mammals. In Buffer Zone Pre-Clearance and Ramp-Up cases where visual monitoring is not effective (e.g., due to weather, An exclusion zone (EZ) is a defined Ramp-up (sometimes referred to as nighttime), acoustic monitoring may be area within which occurrence of a ‘‘soft start’’) means the gradual and used to allow certain activities to occur, marine mammal triggers mitigation systematic increase of emitted sound as further detailed below. action intended to reduce the potential levels from an airgun array. Ramp-up Passive acoustic monitoring (PAM) for certain outcomes, e.g., auditory begins by first activating a single airgun would take place in addition to the injury, disruption of critical behaviors. of the smallest volume, followed by visual monitoring program. Visual The PSOs would establish a minimum doubling the number of active elements monitoring typically is not effective EZ with a 500 m radius for the 36 airgun in stages until the full complement of an during periods of poor visibility or at array. The 500 m EZ would be based on array’s airguns are active. Each stage night, and even with good visibility, is radial distance from any element of the should be approximately the same unable to detect marine mammals when airgun array (rather than being based on duration, and the total duration should they are below the surface or beyond the center of the array or around the not be less than approximately 20 visual range. Acoustical monitoring can vessel itself). With certain exceptions minutes. The intent of pre-clearance be used in addition to visual (described below), if a marine mammal observation (30 minutes) is to ensure no observations to improve detection, appears within or enters this zone, the protected species are observed within identification, and localization of acoustic source would be shut down. the buffer zone prior to the beginning of cetaceans. The acoustic monitoring The 500 m EZ is intended to be ramp-up. During pre-clearance is the would serve to alert visual PSOs (if on precautionary in the sense that it would only time observations of protected duty) when vocalizing cetaceans are be expected to contain sound exceeding species in the buffer zone would detected. It is only useful when marine the injury criteria for all cetacean prevent operations (i.e., the beginning of mammals call, but it can be effective hearing groups, (based on the dual ramp-up). The intent of ramp-up is to either by day or by night, and does not criteria of SELcum and peak SPL), while warn protected species of pending depend on good visibility. It would be also providing a consistent, reasonably seismic operations and to allow monitored in real time so that the visual observable zone within which PSOs sufficient time for those animals to leave observers can be advised when would typically be able to conduct the immediate vicinity. A ramp-up cetaceans are detected. effective observational effort. procedure, involving a step-wise The R/V Langseth will use a towed Additionally, a 500 m EZ is expected to increase in the number of airguns firing PAM system, which must be monitored minimize the likelihood that marine and total array volume until all by at a minimum one on duty acoustic mammals will be exposed to levels operational airguns are activated and PSO beginning at least 30 minutes prior likely to result in more severe the full volume is achieved, is required to ramp-up and at all times during use behavioral responses. Although at all times as part of the activation of of the acoustic source. Acoustic PSOs significantly greater distances may be the acoustic source. All operators must may be on watch for a maximum of four observed from an elevated platform adhere to the following pre-clearance consecutive hours followed by a break under good conditions, we believe that and ramp-up requirements: of at least one hour between watches 500 m is likely regularly attainable for • The operator must notify a and may conduct a maximum of 12 PSOs using the naked eye during typical designated PSO of the planned start of hours of observation per 24-hour period. conditions. ramp-up as agreed upon with the lead Combined observational duties (acoustic Because the North Pacific right whale PSO; the notification time should not be and visual but not at same time) may is a stock of high concern, L–DEO will less than 60 minutes prior to the not exceed 12 hours per 24-hour period implement a shutdown if the species is planned ramp-up in order to allow the for any individual PSO. observed at any distance. In addition, PSOs time to monitor the exclusion and Survey activity may continue for 30 when transiting through North Pacific buffer zones for 30 minutes prior to the minutes when the PAM system right whale critical habitat, L–DEO must initiation of ramp-up (pre-clearance); malfunctions or is damaged, while the conduct any survey operations during • Ramp-ups shall be scheduled so as PAM operator diagnoses the issue. If the daylight hours, to facilitate the ability of to minimize the time spent with the diagnosis indicates that the PAM system PSOs to observe any right whales that source activated prior to reaching the must be repaired to solve the problem, may be present. If transit through the designated run-in; • operations may continue for an North Pacific right whale critical habitat One of the PSOs conducting pre- additional two hours without acoustic is required during darkness, or clearance observations must be notified monitoring during daylight hours only conditions of similar limited visibility, again immediately prior to initiating under the following conditions: L–DEO must reduce vessel speed to at ramp-up procedures and the operator • Sea state is less than or equal to most 5 kn (knots) while in this critical must receive confirmation from the PSO BSS 4; habitat. Additionally, for high risk to proceed; • No marine mammals (excluding circumstances, such as observation of a • Ramp-up may not be initiated if any delphinids) detected solely by PAM in calf or aggregation of large whales marine mammal is within the applicable the applicable exclusion zone in the (defined as 6 or more mysticetes or exclusion or buffer zone. If a marine previous two hours; sperm whales), L–DEO will shutdown if mammal is observed within the • NMFS is notified via email as soon these circumstances are observed at any applicable exclusion zone or the buffer as practicable with the time and distance. zone during the 30 minute pre-clearance location in which operations began Finally, to minimize impact on fin period, ramp-up may not begin until the occurring without an active PAM whales in their feeding BIA near Kodiak animal(s) has been observed exiting the system; and Island, L–DEO must observe a larger EZ zones or until an additional time period • Operations with an active acoustic for this species while in the BIA. If a fin has elapsed with no further sightings source, but without an operating PAM whale or group of fin whales is observed (15 minutes for small odontocetes and

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27262 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

pinnipeds and 30 minutes for all other PSO on duty will have the authority to Delphinidae most likely to voluntarily species); delay the start of survey operations or to approach the source vessel for purposes • Ramp-up shall begin by activating a call for shutdown or powerdown of the of interacting with the vessel and/or single airgun of the smallest volume in acoustic source if a marine mammal is airgun array (e.g., bow riding). This the array and shall continue in stages by detected within the applicable exception to the shutdown requirement doubling the number of active elements exclusion zone. The operator must also would apply solely to specific genera of at the commencement of each stage, establish and maintain clear lines of small dolphins —Lagenorhynchus and with each stage of approximately the communication directly between PSOs Grampus—The acoustic source shall be same duration. Duration shall not be on duty and crew controlling the powered down to 40-in3 airgun if an less than 20 minutes. The operator must acoustic source to ensure that shutdown individual belonging to these genera is provide information to the PSO and powerdown commands are visually detected within the 500 m documenting that appropriate conveyed swiftly while allowing PSOs exclusion zone. procedures were followed; to maintain watch. When both visual Powerdown conditions shall be • PSOs must monitor the exclusion and acoustic PSOs are on duty, all maintained until delphinids for which and buffer zones during ramp-up, and detections will be immediately shutdown is waived are no longer ramp-up must cease and the source communicated to the remainder of the observed within the 500 m exclusion must be shut down upon observation of on-duty PSO team for potential zone, following which full-power a marine mammal within the applicable verification of visual observations by the operations may be resumed without exclusion zone. Once ramp-up has acoustic PSO or of acoustic detections ramp-up. Visual PSOs may elect to begun, observations of marine mammals by visual PSOs. When the airgun array waive the powerdown requirement if within the buffer zone do not require is active (i.e., anytime one or more delphinids for which shutdown is shutdown or powerdown, but such airguns is active, including during waived to be voluntarily approaching observation shall be communicated to ramp-up and powerdown) and (1) a the vessel for the purpose of interacting the operator to prepare for the potential marine mammal appears within or with the vessel or towed gear, and may shutdown or powerdown; enters the applicable exclusion zone use best professional judgment in • Ramp-up may occur at times of and/or (2) a marine mammal (other than making this decision. poor visibility, including nighttime, if delphinids, see below) is detected We include this small delphinid appropriate acoustic monitoring has acoustically and localized within the exception because power-down/ occurred with no detections in the 30 applicable exclusion zone, the acoustic shutdown requirements for small minutes prior to beginning ramp-up. source will be shut down. The array delphinids under all circumstances Acoustic source activation may only must also be immediately shutdown represent practicability concerns occur at times of poor visibility where whenever a marine mammal species not without likely commensurate benefits operational planning cannot reasonably authorized for take, or a species which for the animals in question. Small avoid such circumstances; has reached its authorized number of delphinids are generally the most • If the acoustic source is shut down takes, is observed entering or commonly observed marine mammals for brief periods (i.e., less than 30 approaching the Level B harassment in the specific geographic region and minutes) for reasons other than that zone. When shutdown is called for by would typically be the only marine described for shutdown and powerdown a PSO, the acoustic source will be mammals likely to intentionally (e.g., mechanical difficulty), it may be immediately deactivated and any approach the vessel. As described activated again without ramp-up if PSOs dispute resolved only following above, auditory injury is extremely have maintained constant visual and/or deactivation. Additionally, shutdown unlikely to occur for mid-frequency acoustic observation and no visual or will occur whenever PAM alone cetaceans (e.g., delphinids), as this acoustic detections of marine mammals (without visual sighting), confirms group is relatively insensitive to sound have occurred within the applicable presence of marine mammal(s) in the produced at the predominant exclusion zone. For any longer EZ. If the acoustic PSO cannot confirm frequencies in an airgun pulse while shutdown, pre-clearance observation presence within the EZ, visual PSOs also having a relatively high threshold and ramp-up are required. For any will be notified but shutdown is not for the onset of auditory injury (i.e., shutdown at night or in periods of poor required. permanent threshold shift). visibility (e.g., BSS 4 or greater), ramp- Following a shutdown, airgun activity A large body of anecdotal evidence up is required, but if the shutdown would not resume until the marine indicates that small delphinids period was brief and constant mammal has cleared the 500 m EZ. The commonly approach vessels and/or observation was maintained, pre- animal would be considered to have towed arrays during active sound clearance watch of 30 min is not cleared the 500 m EZ if it is visually production for purposes of bow riding, required; and observed to have departed the 500 m with no apparent effect observed in • Testing of the acoustic source EZ, or it has not been seen within the those delphinids (e.g., Barkaszi et al., involving all elements requires ramp- 500 m EZ for 15 min in the case of small 2012). The potential for increased up. Testing limited to individual source odontocetes and pinnipeds, or 30 min in shutdowns resulting from such a elements or strings does not require the case of mysticetes and large measure would require the R/V ramp-up but does require pre-clearance odontocetes, including sperm Cuvier’s Langseth to revisit the missed track line of 30 min. beaked, Baird’s beaked, Stejneger’s to reacquire data, resulting in an overall beaked, and killer whales. increase in the total sound energy input Shutdown and Powerdown The shutdown requirement can be to the marine environment and an The shutdown of an airgun array waived for small dolphins in which case increase in the total duration over requires the immediate de-activation of the acoustic source shall be powered which the survey is active in a given all individual airgun elements of the down to the single 40-in3 airgun if an area. Although other mid-frequency array while a powerdown requires individual is visually detected within hearing specialists (e.g., large immediate de-activation of all the exclusion zone. As defined here, the delphinids) are no more likely to incur individual airgun elements of the array small delphinoid group is intended to auditory injury than are small except the single 40-in3 airgun. Any encompass those members of the Family delphinids, they are much less likely to

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27263

approach vessels. Therefore, retaining a vessel, or alter course, as appropriate Additionally the timing of the survey power-down/shutdown requirement for and regardless of vessel size, to avoid overlaps with the breeding season of large delphinids would not have similar striking any marine mammal. A single Steller sea lions. As such, L–DEO must impacts in terms of either practicability marine mammal at the surface may observe a three nautical mile exclusion for the applicant or corollary increase in indicate the presence of submerged zone around these critical habitats. This sound energy output and time on the animals in the vicinity of the vessel; means that L–DEO avoid transiting water. We do anticipate some benefit for therefore, precautionary measures through and operating seismic airguns a power-down/shutdown requirement should be exercised when an animal is in these areas. for large delphinids in that it simplifies observed. A visual observer aboard the A portion of L–DEO’s planned survey somewhat the total range of decision- vessel must monitor a vessel strike will also occur in the fin whale BIA making for PSOs and may preclude any avoidance zone around the vessel (Ferguson et al. 2015). Because of the potential for physiological effects other (specific distances detailed below), to temporal and spatial overlap in the than to the auditory system as well as ensure the potential for strike is planned survey and peak use of the fin some more severe behavioral reactions minimized. Visual observers monitoring whale BIA, L–DEO will implement a for any such animals in close proximity the vessel strike avoidance zone can be shutdown if a fin whale or group of fin to the source vessel. either third-party observers or crew whales is observed at within a 1,500 m Powerdown conditions shall be members, but crew members radius from the acoustic source, within maintained until the marine mammal(s) responsible for these duties must be their BIA. L–DEO will refer to Ferguson of the above listed genera are no longer provided sufficient training to et al. (2015) for the location of the BIA, observed within the exclusion zone, distinguish marine mammals from other but waters around the Semidi Islands, following which full-power operations phenomena and broadly to identify a Kodiak Island, and Chirikof Island may be resumed without ramp-up. marine mammal to broad taxonomic generally define the portion of the BIA Additionally, visual PSOs may elect to group (i.e., as a large whale or other L–DEO is expected to transit through. waive the powerdown requirement if marine mammal); The expected elevated density of the small dolphin(s) appear to be 2. Vessel speeds must be reduced to North Pacific right whales in their voluntarily approaching the vessel for 10 kn or less when mother/calf pairs, critical habitat means that additional the purpose of interacting with the pods, or large assemblages of any measures are prudent for this area. vessel or towed gear, and may use best marine mammal are observed near a When transiting through North Pacific professional judgment in making this vessel; right whale critical habitat, any survey decision. Visual PSOs shall use best 3. All vessels must maintain a operations conducted by L–DEO must professional judgment in making the minimum separation distance of 100 m be done during daylight hours, to decision to call for a shutdown if there from large whales (i.e., sperm whales facilitate the ability of PSOs to observe is uncertainty regarding identification and all baleen whales; any right whales that may be present. (i.e., whether the observed marine 4. All vessels must attempt to Additionally, if transit through the mammal(s) belongs to one of the maintain a minimum separation North Pacific right whale critical habitat delphinid genera for which shutdown is distance of 50 m from all other marine is required during darkness or waived or one of the species with a mammals, with an exception made for conditions of similar limited visibility, larger exclusion zone). If PSOs observe those animals that approach the vessel; L–DEO must reduce vessel speed to at any behaviors in a small delphinid for and most 5 kn (knots) while in the critical which shutdown is waived that indicate 5. When marine mammals are sighted habitat. These measures are in addition an adverse reaction, then powerdown while a vessel is underway, the vessel to the requirement that L–DEO must will be initiated immediately. should take action as necessary to avoid implement a shutdown if a North Upon implementation of shutdown, violating the relevant separation Pacific right whale is observed at any the source may be reactivated after the distance (e.g., attempt to remain parallel distance. marine mammal(s) has been observed to the animal’s course, avoid excessive Mitigation for Subsistence Uses of exiting the applicable exclusion zone speed or abrupt changes in direction Marine Mammals—Community (i.e., animal is not required to fully exit until the animal has left the area). If Outreach the buffer zone where applicable) or marine mammals are sighted within the following 15 minutes for small relevant separation distance, the vessel Although impacts on subsistence uses odontocetes and pinnipeds and 30 should reduce speed and shift the are not expected due to the strong minutes for all other species with no engine to neutral, not engaging the separation in time and space between further observation of the marine engines until animals are clear of the marine mammal subsistence harvest and mammal(s). area. This recommendation does not L–DEO’s specified activities, project apply to any vessel towing gear. principle investigators will conduct Vessel Strike Avoidance outreach with communities near the These measures apply to all vessels Sensitive Habitat Measures planned project area to identify and associated with the planned survey Because the propose survey overlaps avoid areas of potential conflict, activity; however, we note that these with BIAs and critical habitat for some including for marine subsistence requirements do not apply in any case species (see MM Occurance), L–DEO activities. This measure will mitigate where compliance would create an will implement additional measures any potential negative impact on imminent and serious threat to a person related to these areas including area subsistence hunting activities, despite or vessel or to the extent that a vessel avoidance and the implementation of there being no expected significant is restricted in its ability to maneuver special shutdown zones. For Steller sea impact. and, because of the restriction, cannot lion rookeries and major haulouts, NMFS has determined that these comply. These measures include the classified as critical habitat (58 FR mitigation measures provide the means following: 45269, August 27, 1993). Steller sea of effecting the least practicable impact 1. Vessel operators and crews must lions maintain rookeries and major on the affected species or stocks and maintain a vigilant watch for all marine haulouts in the area of L–DEO’s survey their habitat, paying particular attention mammals and slow down, stop their (Figure 1 in the IHA Application). to rookeries, mating grounds, and areas

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27264 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

of similar significance, and on the applicable) of the airguns. During • PSOs must successfully complete availability of such species or stock for seismic operations, at least six visual relevant training, including completion subsistence uses. PSOs would be based aboard the of all required coursework and passing Langseth. Monitoring shall be (80 percent or greater) a written and/or Monitoring and Reporting conducted in accordance with the oral examination developed for the In order to issue an IHA for an following requirements: training program; activity, Section 101(a)(5)(D) of the • The operator shall provide PSOs • PSOs must have successfully MMPA states that NMFS must set forth, with bigeye binoculars (e.g., 25 x 150; attained a bachelor’s degree from an requirements pertaining to the 2.7 view angle; individual ocular focus; accredited college or university with a monitoring and reporting of such taking. height control) of appropriate quality major in one of the natural sciences, a The MMPA implementing regulations at (i.e., Fujinon or equivalent) solely for minimum of 30 semester hours or 50 CFR 216.104 (a)(13) indicate that PSO use. These shall be pedestal- equivalent in the biological sciences, requests for authorizations must include mounted on the deck at the most and at least one undergraduate course in the suggested means of accomplishing appropriate vantage point that provides math or statistics; and • the necessary monitoring and reporting for optimal sea surface observation, PSO The educational requirements may that will result in increased knowledge safety, and safe operation of the vessel; be waived if the PSO has acquired the of the species and of the level of taking • The operator will work with the relevant skills through alternate or impacts on populations of marine selected third-party observer provider to experience. Requests for such a waiver mammals that are expected to be ensure PSOs have all equipment shall be submitted to NMFS and must present in the planned action area. (including backup equipment) needed include written justification. Requests Effective reporting is critical both to to adequately perform necessary tasks, shall be granted or denied (with compliance as well as ensuring that the including accurate determination of justification) by NMFS within one week most value is obtained from the required distance and bearing to observed marine of receipt of submitted information. monitoring. mammals. Alternate experience that may be Monitoring and reporting PSOs must have the following considered includes, but is not limited requirements prescribed by NMFS requirements and qualifications: to (1) secondary education and/or should contribute to improved • PSOs shall be independent, experience comparable to PSO duties; understanding of one or more of the dedicated, trained visual and acoustic (2) previous work experience following: conducting academic, commercial, or • PSOs and must be employed by a third- Occurrence of marine mammal party observer provider; government-sponsored protected species or stocks in the area in which • PSOs shall have no tasks other than species surveys; or (3) previous work take is anticipated (e.g., presence, to conduct observational effort (visual or experience as a PSO; the PSO should abundance, distribution, density); acoustic), collect data, and demonstrate good standing and • Nature, scope, or context of likely communicate with and instruct relevant consistently good performance of PSO marine mammal exposure to potential vessel crew with regard to the presence duties. stressors/impacts (individual or of protected species and mitigation For data collection purposes, PSOs cumulative, acute or chronic), through requirements (including brief alerts shall use standardized data collection better understanding of: (1) Action or regarding maritime hazards); forms, whether hard copy or electronic. environment (e.g., source PSOs shall record detailed information • PSOs shall have successfully characterization, propagation, ambient about any implementation of mitigation completed an approved PSO training noise); (2) affected species (e.g., life requirements, including the distance of course appropriate for their designated history, dive patterns); (3) co-occurrence animals to the acoustic source and task (visual or acoustic). Acoustic PSOs of marine mammal species with the description of specific actions that are required to complete specialized action; or (4) biological or behavioral ensued, the behavior of the animal(s), training for operating PAM systems and context of exposure (e.g., age, calving or any observed changes in behavior before are encouraged to have familiarity with feeding areas); and after implementation of mitigation, the vessel with which they will be • Individual marine mammal and if shutdown was implemented, the working; responses (behavioral or physiological) length of time before any subsequent • PSOs can act as acoustic or visual to acoustic stressors (acute, chronic, or ramp-up of the acoustic source. If observers (but not at the same time) as cumulative), other stressors, or required mitigation was not long as they demonstrate that their cumulative impacts from multiple implemented, PSOs should record a training and experience are sufficient to stressors; description of the circumstances. At a perform the task at hand; • How anticipated responses to minimum, the following information • NMFS must review and approve stressors impact either: (1) Long-term must be recorded: fitness and survival of individual PSO resumes accompanied by a relevant • Vessel names (source vessel and marine mammals; or (2) populations, training course information packet that other vessels associated with survey) species, or stocks; includes the name and qualifications and call signs; • Effects on marine mammal habitat (i.e., experience, training completed, or • PSO names and affiliations; (e.g., marine mammal prey species, educational background) of the • Dates of departures and returns to acoustic habitat, or other important instructor(s), the course outline or port with port name; physical components of marine syllabus, and course reference material • Date and participants of PSO mammal habitat); and as well as a document stating successful briefings; • Mitigation and monitoring completion of the course; • Dates and times (Greenwich Mean effectiveness. • NMFS shall have one week to Time) of survey effort and times approve PSOs from the time that the corresponding with PSO effort; Vessel-Based Visual Monitoring necessary information is submitted, • Vessel location (latitude/longitude) As described above, PSO observations after which PSOs meeting the minimum when survey effort began and ended and would take place during daytime airgun requirements shall automatically be vessel location at beginning and end of operations and nighttime start ups (if considered approved; visual PSO duty shifts;

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27265

• Vessel heading and speed at • Platform activity at time of sighting will also include estimates of the beginning and end of visual PSO duty (e.g., deploying, recovering, testing, number and nature of exposures that shifts and upon any line change; shooting, data acquisition, other); and occurred above the harassment • Environmental conditions while on • Description of any actions threshold based on PSO observations, visual survey (at beginning and end of implemented in response to the sighting including an estimate of those on the PSO shift and whenever conditions (e.g., delays, shutdown, ramp-up) and trackline but not detected. The draft changed significantly), including BSS time and location of the action. report shall also include geo-referenced and any other relevant weather If a marine mammal is detected while time-stamped vessel tracklines for all conditions including cloud cover, fog, using the PAM system, the following time periods during which airguns were sun glare, and overall visibility to the information should be recorded: operating. Tracklines should include • horizon; An acoustic encounter points recording any change in airgun • Factors that may have contributed identification number, and whether the status (e.g., when the airguns began to impaired observations during each detection was linked with a visual operating, when they were turned off, or PSO shift change or as needed as sighting; when they changed from full array to • environmental conditions changed (e.g., Date and time when first and last single gun or vice versa). GIS files shall heard; be provided in ESRI shapefile format vessel traffic, equipment malfunctions); • and Types and nature of sounds heard and include the UTC date and time, • Survey activity information, such as (e.g., clicks, whistles, creaks, burst latitude in decimal degrees, and acoustic source power output while in pulses, continuous, sporadic, strength of longitude in decimal degrees. All signal); and operation, number and volume of • coordinates shall be referenced to the airguns operating in the array, tow Any additional information WGS84 geographic coordinate system. depth of the array, and any other notes recorded such as water depth of the In addition to the report, all raw of significance (i.e., pre-clearance, ramp- hydrophone array, bearing of the animal observational data shall be made up, shutdown, testing, shooting, ramp- to the vessel (if determinable), species available to NMFS. The report must up completion, end of operations, or taxonomic group (if determinable), summarize the information submitted in streamers, etc.). spectrogram screenshot, and any other interim monthly reports as well as The following information should be notable information. additional data collected as described recorded upon visual observation of any A report would be submitted to NMFS above and the IHA. The draft report protected species: within 90 days after the end of the must be accompanied by a certification • Watch status (sighting made by PSO cruise. The report would describe the from the lead PSO as to the accuracy of on/off effort, opportunistic, crew, operations that were conducted and the report, and the lead PSO may submit alternate vessel/platform); sightings of marine mammals near the directly NMFS a statement concerning • PSO who sighted the animal; operations. The report would provide implementation and effectiveness of the • Time of sighting; full documentation of methods, results, required mitigation and monitoring. A • Vessel location at time of sighting; and interpretation pertaining to all final report must be submitted within 30 • Water depth; monitoring. The 90-day report would days following resolution of any • Direction of vessel’s travel (compass summarize the dates and locations of comments on the draft report. direction); seismic operations, and all marine • Direction of animal’s travel relative mammal sightings (dates, times, Negligible Impact Analysis and to the vessel; locations, activities, associated seismic Determination • Pace of the animal; survey activities). The report would also NMFS has defined negligible impact • Estimated distance to the animal include estimates of the number and as an impact resulting from the and its heading relative to vessel at nature of exposures that occurred above specified activity that cannot be initial sighting; the harassment threshold based on PSO reasonably expected to, and is not • Identification of the animal (e.g., observations and including an estimate reasonably likely to, adversely affect the genus/species, lowest possible of those that were not detected, in species or stock through effects on taxonomic level, or unidentified) and consideration of both the characteristics annual rates of recruitment or survival the composition of the group if there is and behaviors of the species of marine (50 CFR 216.103). A negligible impact a mix of species; mammals that affect detectability, as finding is based on the lack of likely • Estimated number of animals (high/ well as the environmental factors that adverse effects on annual rates of low/best); affect detectability. recruitment or survival (i.e., population- • Estimated number of animals by level effects). An estimate of the number cohort (adults, yearlings, juveniles, Reporting of takes alone is not enough information calves, group composition, etc.); L–DEO will be required to shall on which to base an impact • Description (as many distinguishing submit a draft comprehensive report to determination. In addition to features as possible of each individual NMFS on all activities and monitoring considering estimates of the number of seen, including length, shape, color, results within 90 days of the completion marine mammals that might be ‘‘taken’’ pattern, scars or markings, shape and of the survey or expiration of the IHA, through harassment, NMFS considers size of dorsal fin, shape of head, and whichever comes sooner. The report other factors, such as the likely nature blow characteristics); must describe all activities conducted of any responses (e.g., intensity, • Detailed behavior observations (e.g., and sightings of protected species near duration), the context of any responses number of blows/breaths, number of the activities, must provide full (e.g., critical reproductive time or surfaces, breaching, spyhopping, diving, documentation of methods, results, and location, migration), as well as effects feeding, traveling; as explicit and interpretation pertaining to all on habitat, and the likely effectiveness detailed as possible; note any observed monitoring, and must summarize the of the mitigation. We also assess the changes in behavior); dates and locations of survey operations number, intensity, and context of • Animal’s closest point of approach and all protected species sightings estimated takes by evaluating this (CPA) and/or closest distance from any (dates, times, locations, activities, information relative to population element of the acoustic source; associated survey activities). The report status. Consistent with the 1989

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27266 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

preamble for NMFS’s implementing because of their comparatively short shutdown the acoustic source if a fin regulations (54 FR 40338; September 29, duration, are considered to be of lower whale, within the fin whale BIA, is 1989), the impacts from other past and severity and with no lasting biological observed within 1,500 meters of the ongoing anthropogenic activities are consequences (e.g., Southall et al., source and the requirement to shutdown incorporated into this analysis via their 2007). if a North Pacific right whale is impacts on the environmental baseline Potential impacts to marine mammal observed at any distance from the (e.g., as reflected in the regulatory status habitat were discussed briefly in this source. The gray whale migratory of the species, population size and document and more extensively in the corridor BIA and humpback whale growth rate where known, ongoing proposed IHA (84 FR 14200, April 9, feeding BIAs overlap spatially with L– sources of human-caused mortality, or 2019) (see Potential Effects of the DEO’s survey, but the timing of primary ambient noise levels). Specified Activity on Marine Mammals use of these BIAs does not overlap To avoid repetition, our analysis and their Habitat). Marine mammal temporally with the survey. Gray whales applies to all species listed in Table 1, habitat may be impacted by elevated are most commonly seen migratory given that NMFS expects the anticipated sound levels, but these impacts would northward between March and May and effects of the planned seismic survey to be temporary. Prey species are mobile southward between November and be similar in nature. Where there are and are broadly distributed throughout January. As planned, there is no meaningful differences between species the project areas; therefore, marine possibility that L–DEO’s survey impacts or stocks, or groups of species, in mammals that may be temporarily the southern migration, and presence of anticipated individual responses to displaced during survey activities are northern migrating individuals should activities, impact of expected take on expected to be able to resume foraging be below peak during survey operations the population due to differences in once they have moved away from areas beginning in June 2019. Additionally, population status, or impacts on habitat, with disturbing levels of underwater humpback whale feeding BIAs in the NMFS has identified species-specific noise. Because of the relatively short region are primarily used between July ∼ factors to inform the analysis. duration ( 18 days) and temporary and August or September. L–DEO’s NMFS does not anticipate that serious nature of the disturbance, the survey efforts should be completed injury or mortality would occur as a availability of similar habitat and before peak use of these feeding result of L–DEO’s planned survey, even resources in the surrounding area, the habitats. For all habitats, no physical in the absence of mitigation measures. impacts to marine mammals and the impacts to BIA habitat are anticipated Thus the authorization does not food sources that they utilize are not from seismic activities. While SPLs of authorize any mortality. As discussed in expected to cause significant or long- sufficient strength have been known to the Potential Effects section, non- term consequences for individual cause injury to fish and fish and auditory physical effects, stranding, and marine mammals or their populations. invertebrate mortality, in feeding vessel strike are not expected to occur. The tracklines of this survey either habitats, the most likely impact to prey The final IHA authorizes a limited traverse or are proximal to the BIAs for species from survey activities would be number of instances of Level B four baleen whale species including fin, temporary avoidance of the affected area harassment of 21 species of marine gray, North Pacific right, and humpback and any injury or mortality of prey mammal, and a limited number of whales in U.S. waters of the Gulf of species would be localized around the instances of take by Level A harassment Alaska (Ferguson et al. 2015). survey and not of a degree that would for 13 of those marine mammal species. Additionally, there is a BIA for beluga adversely impact marine mammal However, we believe that any PTS whales in nearby Cook Inlet, but the foraging. The duration of fish avoidance incurred in marine mammals as a result location of the BIA means the habitat of a given area after survey effort stops of the planned activity would be in the will not co-occur with the effects of L– form of only a small degree of PTS, not DEO’s survey (Ferguson et al. 2015). is unknown, but a rapid return to total deafness, and would be unlikely to The North Pacific Right whale feeding normal recruitment, distribution and affect the fitness of any individuals, BIA east of the Kodiak Archipelago is behavior is expected. Given the short because of the constant movement of primarily used between June and operational seismic time near or both the Langseth and of the marine September. The fin whale feeding BIA traversing BIAs, as well as the ability of mammals in the project areas, as well as that stretches from Kenai Peninsula cetaceans and prey species to move the fact that the vessel is not expected through the Alaska Peninsula is away from acoustic sources, NMFS to remain in any one area in which primarily used between June and expects that there would be, at worst, individual marine mammals would be August. The gray whale feeding BIA east minimal impacts to animals and habitat expected to concentrate for an extended of the Kodiak Archipelago is primarily within the designated BIAs. period of time (i.e., since the duration of used between June and August. For the Critical habitat has been designated exposure to loud sounds will be North Pacific Right whale, gray whale, for the ESA listed North Pacific right relatively short). Also, as described and fin whale feeding BIAs, L–DEO’s whale and western DPS of Steller sea above, we expect that marine mammals survey planned for June 1 through June lions. Only a portion of L–DEO’s would be likely to move away from a 19, 2019 could overlap with a period planned seismic survey will occur in sound source that represents an aversive where BIAs represent an important these critical habitats. Steller sea lion stimulus, especially at levels that would habitat. However, only of a portion of critical habitat also includes a ‘‘no be expected to result in PTS, given seismic survey days would actually approach’’ zone within 3 nmi of sufficient notice of the Langseth’s occur in or near these BIAs, and all rookeries for vessels. Steller sea lions approach due to the vessel’s relatively survey efforts should be completed by both occupy rookeries and pup from low speed when conducting seismic mid-June, still in the early window of late-May through early-July (NMFS surveys. We expect that the majority of primary use for all these BIAs. 2008), which coincides with L–DEO’s takes would be in the form of short-term Additionally, there are mitigation planned survey. Thus, we are requiring Level B behavioral harassment in the measures in place that should further that the planned survey avoid transiting form of temporary avoidance of the area reduce take number and severity for fin or surveying within 3 nmi of any or decreased foraging (if such activity whales and North Pacific right whales. rookeries. For North Pacific right whale were occurring), reactions which, These include the requirement to critical habitat, L–DEO would only need

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27267

to traverse approximately 35 km of the for substantially similar activities that Based on the analysis contained designated critical habitat. At a speed of have been previously authorized by herein of the likely effects of the approximately 9.3 km per hour (5 kn), NMFS, we expect that the planned specified activity on marine mammals L–DEO would only be in the critical mitigation will be effective in and their habitat, and taking into habitat for less than 4 hours. L–DEO preventing, at least to some extent, consideration the implementation of the would only conduct survey activities in potential PTS in marine mammals that monitoring and mitigation measures, this critical habitat during daylight may otherwise occur in the absence of NMFS finds that the total marine hours to facilitate the ability of PSOs to mitigation (although all authorized PTS mammal take from the planned activity observe any right whales that may be has been accounted for in this analysis). will have a negligible impact on all present, so as to reduce the potential for NMFS concludes that exposures to affected marine mammal species or their exposure to airgun noise. If they marine mammal species and stocks due stocks. were in the critical habitat outside of to L–DEO’s planned survey would result Small Numbers daylight, vessel speed would be in only short-term (temporary and short restricted to at most 5 kn. Additionally, in duration) effects to individuals As noted above, only small numbers L–DEO would be required to shutdown exposed. Animals may temporarily of incidental take may be authorized seismic airguns if a North Pacific right avoid the immediate area, but are not under Section 101(a)(5)(D) of the MMPA whale is observed at any distance, expected to permanently abandon the for specified activities other than further minimizing the impacts on area. Major shifts in habitat use, military readiness activities. The MMPA North Pacific right whales in their distribution, or foraging success are not does not define small numbers and so, critical habitat and elsewhere. The expected. NMFS does not anticipate the in practice, where estimated numbers characteristics that make this habitat an estimated and authorized take of marine are available, NMFS compares the important feeding area for North Pacific mammals to impact annual rates of number of individuals taken to the most right whales are abundant planktonic recruitment or survival. appropriate estimation of abundance of food sources. While there are possible In summary and as described above, the relevant species or stock in our impacts of seismic activity on plankton the following factors primarily support determination of whether an (McCauley et al., 2017), the currents that our determination that the impacts authorization is limited to small flow through the Gulf of Alaska will resulting from this activity are not numbers of marine mammals. readily refresh plankton resources in the expected to adversely affect the species Additionally, other qualitative factors area. As such, this seismic activity is not or stock through effects on annual rates may be considered in the analysis, such expected to have a lasting physical of recruitment or survival: as the temporal or spatial scale of the impact on habitat or prey within it. Any • No mortality is anticipated or activities. impact would be a temporary increase authorized; There are seven stocks for which the in sound levels when the survey is • The specified activity is temporary estimated instances of take appear high occurring in or near the critical habitat and of relatively short duration (∼18 when compared to the stock abundance and resulting temporary avoidance of days); (Table 9), including the Northeast prey or marine mammals themselves • The anticipated impacts of the Pacific fin whale stock, the North due to these elevated sound levels. specified activity on marine mammals Pacific right whale stock, the Western After accounting for qualitative would primarily be temporary North Pacific gray whale stock, the factors, the activity is expected to behavioral changes due to avoidance of Central North Pacific blue whale stock, impact a small percentage of all marine the area around the survey vessel; the Central North Pacific humpback mammal stocks that would be affected • The number of instances of whale stock (Hawaii DPS), the Offshore by L–DEO’s planned survey (see ‘‘Small potential PTS that may occur are killer whale stock, and the Gulf of Numbers’’ below). Additionally, the expected to be minimal. Instances of Alaska, Aleutian Islands, and Bering Sea acoustic ‘‘footprint’’ of the planned potential PTS that are incurred in transient killer whale stock. However, survey would be small relative to the marine mammals would be of a low when other qualitative factors are used ranges of the marine mammals that level, due to constant movement of the to inform an assessment of the likely would potentially be affected. At any vessel and of the marine mammals in number of individual marine mammals given time, sound levels would increase the area, and the nature of the survey taken, the resulting numbers are in the marine environment in a design (not concentrated in areas of high appropriately considered small. We relatively small area surrounding the marine mammal concentration); discuss these in further detail below. vessel compared to the range of the • The availability of alternate areas of For an additional three stocks (Alaska marine mammals within the planned similar habitat value for marine stocks of the three beaked whale survey area. The seismic array would be mammals to temporarily vacate the species), there are no abundance active 24 hours per day throughout the survey area during the planned survey estimates upon which to base a duration of the planned survey. to avoid exposure to sounds from the comparison. However, we note that the However, the very brief overall duration activity; anticipated number of incidents of take of the planned survey (18 days) would • The potential adverse effects on fish by Level B and Level A harassment are further limit potential impacts that may or invertebrate species that serve as prey low (46 to 196 for these three stocks) occur as a result of the specified species for marine mammals from the and represent a small number of activity. planned survey would be temporary and animals within these stocks, which have The mitigation measures are expected spatially limited; and extensive ranges across large parts of the to reduce the number and/or severity of • The mitigation measures, including North Pacific Ocean compared to L– takes by allowing for detection of visual and acoustic monitoring, power- DEO’s planned survey area (Muto et al., marine mammals in the vicinity of the downs, shutdowns, and enhanced 2018). Based on the broad spatial vessel by visual and acoustic observers, measures for areas of biological distributions of these species relative to and by minimizing the severity of any importance are expected to minimize the planned survey area, NMFS potential exposures via power downs potential impacts to marine mammals concludes that the authorized take of and/or shutdowns of the airgun array. (both amount and severity) in these these species represent small numbers Based on previous monitoring reports important areas and times. relative to the affected species’ overall

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27268 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

population sizes, though we are unable region’s importance for the species is eastern Pacific around North America, to quantify the authorized take numbers based on historic whaling records (Muto some also migrate to Japanese and as a percentage of population. et al., 2018). Either visual or acoustic Chinese waters (Caretta et al., 2014; For all other stocks (aside from the detections of a single right whale are Caretta et al., 2019 DRAFT). Based on seven referenced above and described rare in the Gulf of Alaska. North Pacific relative abundance of gray whale stocks below and the three beaked whales), the right whales are much more commonly and knowledge of behavior, the WNP authorized take is less than 25 percent detected in their Bering Sea critical stock is expected to make up a small as compared to the stock abundance habitat (73 FR 19000, April 8, 2008; portion of the gray whales that will (recognizing that some of those takes Muto et al., 2018). Given this evidence, experience take from L–DEO’s activity. may be repeats of the same individual, only a small portion of the population Therefore, it is entirely unlikely that thus rendering the percentage even is expected to be present in the Gulf of more than a third of the stock would be lower). Alaska and the Kodiak Island critical exposed to the seismic survey. The expected take of the Northeast habitat. As such, it is more realistic to The expected instances of take of the Pacific stock of fin whales appears high believe there will be multiple takes of Central North Pacific (CNP) stock of when presented as a percentage of the the few individuals present, comprising blue whales appears high when available population estimate (123.5 less than a third of the stock. compared to the abundance (37 percent), but this percentage is based on Additionally, L–DEO planned survey percent), however, in reality 50 CNP an occurrence estimate which surveyed will only impact the North Pacific right blue whales are not likely to be only a small portion of the range (Rone whale critical habitat for a very short harassed. Blue whales belonging to the et al. 2017), and no representative portion of their survey and there are CNP stock appear to feed in summer in estimate of the full stock abundance is additional mitigation measures in place waters southwest of Kamchatka, south available (Muto et al. 2018). The range to further minimize any acoustic of the Aleutians, and in the Gulf of of the Northeast Pacific fin whale stock impacts on North Pacific right whales. Alaska (Stafford 2003; Watkins et al. extends through much of the north 2000). Because of this large summer The number of instances of take Pacific (Muto et al. 2018). Based on the range of CNP blue whales compared to expected for the Western North Pacific small portion of the stock’s range that the size of L–DEO’s action area, it is stock (WNP) of gray whales appears Rone et al. (2017) observed, the full more likely that there will be multiple high when compared to the stock stock abundance would be much higher takes of a smaller number of individuals than 3,168 individuals, significantly abundance (1,247.43 percent). In reality, that would occur within the action area, reducing the percentage of the 2,183 individuals will be not experience and the percentage of the stock taken population that would be impacted by take from this stock. There are two will be less than a third of the take from L–DEO’s activities. stocks of gray whales in this area, the individuals. Additionally, L–DEO’s actions are WNP and the Eastern North Pacific For humpback whales, takes are located in a small portion of the total stock (ENP). It is more realistic to apportioned between the different range and will occur within a short apportion expected takes between these stocks or DPSs present based on Wade period of less than a month. L–DEO’s stocks. NMFS has no commonly used et al. (2016). With this apportionment, previous marine mammal monitoring in method to estimate the relative the expected instances of take of the the Gulf of Alaska reported 79 fin occurrence of these stocks, but here we Central North Pacific stock’s Hawaii whales (RPS 2011) and Zerbini et al. apportion the takes between the two DPS appears high (44.8 percent of the (2006) observed 530 fin whales across 3 stocks using their relative abundances estimated DPS abundance). In reality, years of summer surveys in the and a correction factor to ensure this 5,101 Hawaii DPS humpback whales are Northern Gulf of Alaska. Given these number is conservative. The total not likely to be harassed, as it is more previous observations, it is not realistic abundance of the two stocks is 27,135 likely that a smaller number of that L–DEO will encounter 3,914 gray whales. Based on estimates of stock individuals will experience multiple individual fin whales. Instead, given the size (Table 1), 0.65 percent of takes. The Gulf of Alaska is an range of the species, the known encountered gray whales would be important center of humpback whale underestimate of stock abundance, and expected to come from the WNP stock, abundance, and L–DEO’s survey affects the comparatively small action area, and 99.35 percent would be expected to a portion of the Gulf of Alaska. The combined with the short duration of the come from the ENP stock, which results highest densities of humpback whales survey, it is more likely that there will in an apportioned take estimate for each in the Gulf of Alaska are observed be multiple instances of take to a stock of 14 (WNP) and 2,169 (ENP). To between July and August (Ferguson et smaller number of individuals that are represent uncertainty in this method al., 2015), while L–DEO’s survey is in the action area during the planned and produce a conservative estimate, we planned for June, so the survey should survey and entirely unlikely that more then double the apportioned take for the not overlap with peak abundance. than a third of the stock would be smaller stocks, resulting in an estimated Additionally, there are other areas of exposed to the seismic survey. 28 takes for the WNP stock. This high humpback whale density in the The estimated instances of take for estimated level of take could impact an Aleutian Islands and Bering Sea (Muto North Pacific right whales appears high estimated 16 percent of the WNP stock et al. 2018). This evidence, plus the CNP compared to stock abundance (35.5 if each take occurred to a different stock’s large range relative to L–DEO’s percent), but realistically 11 right individual. Further supporting this action area, along with the short whales are not likely to experience conclusion, the summer feeding duration of the survey, mean that it is harassment. Given the higher assumed grounds of WNP gray whales are more likely that there will be multiple density of whales in the critical habitat believed to be off the Sakhalin Islands takes of a smaller portion of the area off of Kodiak Island, the vast and other parts of coastal eastern Russia. individuals that occur in L–DEO’s majority of estimated takes would occur In total, 27 to 30 whales have been action area, and fewer than a third of the in that area (see ‘‘Take Calculation and observed in both the WNP and ENP, individuals in the stock will be taken. Estimation’’). Overall, right whales are meaning that while some whales The expected instances of take from very rarely detected in the Gulf of identified on these summer grounds both the Offshore and Gulf of Alaska, Alaska, and most evidence of the have been observed overwintering in the Aleutian Islands, and Bering Sea

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27269

transient stocks of killer whales appears monitoring measures) and the Based on the description of the high when compared against the stock anticipated take of marine mammals, specified activity, the measures abundance (245 percent and 100.2 NMFS finds that small numbers of described to minimize adverse effects percent respectively). In reality, 588 marine mammals will be taken relative on the availability of marine mammals individuals will not experience take to the population size of the affected for subsistence purposes, and the from each of these stocks. There are species or stocks. mitigation and monitoring measures, NMFS has determined that there will three stocks of killer whales in this area, Unmitigable Adverse Impact Analysis not be an unmitigable adverse impact on including the Eastern North Pacific and Determination Alaska Resident stock, and it is more subsistence uses from L–DEO’s realistic to apportion expected takes In order to issue an IHA, NMFS must specified activities. find that the specified activity will not between these stocks. NMFS has no National Environmental Policy Act commonly used method to estimate the have an ‘‘unmitigable adverse impact’’ relative occurrence of these stocks, but on the subsistence uses of the affected In compliance with the National here we apportion the takes between the marine mammal species or stocks by Environmental Policy Act of 1969 (42 three stocks using their relative Alaskan Natives. NMFS has defined U.S.C. 4321 et seq.), as implemented by abundances and a correction factor to ‘‘unmitigable adverse impact’’ in 50 CFR the regulations published by the ensure this number is conservative. The 216.103 as an impact resulting from the Council on Environmental Quality (40 total abundance of the three stocks in specified activity: (1) That is likely to CFR parts 1500–1508), NSF prepared an the area is 3,174 killer whales. Based on reduce the availability of the species to Environmental Assessment (EA) to estimates of stock size, 73.9 percent of a level insufficient for a harvest to meet consider the direct, indirect and encountered killer whales would be subsistence needs by: (i) Causing the cumulative effects to the human expected to come from the Alaska marine mammals to abandon or avoid environment resulting from this marine resident stock, 18.5 percent would be hunting areas; (ii) Directly displacing geophysical survey in the Gulf of expected to come from the Gulf of subsistence users; or (iii) Placing Alaska. NSF made its EA available to Alaska, Aleutian Islands, and Bering Sea physical barriers between the marine the public for review and comment in stock, and 7.6 percent would be mammals and the subsistence hunters; relation to its suitability for adoption by expected to come from the offshore and (2) That cannot be sufficiently NMFS in order to assess the impacts to stock, which come to a take estimate for mitigated by other measures to increase the human environment of issuance of the availability of marine mammals to an IHA to L–DEO. The comment ran each stock of 434.8, 108.7 and 44.5 allow subsistence needs to be met. concurrently with the publication of the respectively. To represent uncertainty in In the GOA, the marine mammals that proposed IHA, and was available on this method and produce a conservative are hunted are Steller sea lions and NSF’s website (at https://www.nsf.gov/ estimate, we then double the harbor seals. For seals, these harvests geo/oce/envcomp/) and was linked to apportioned take for each of the smaller are traditionally low from May through within the proposed Federal Register stocks, resulting in an estimated 218 August, when harbor seals are raising Notice. Also in compliance with NEPA takes for the Gulf of Alaska, Aleutian pups and molting. Sea lions are taken and the CEQ regulations, as well as Islands, and Bering Sea stock and 90 from Kodiak Island and other locations NOAA Administrative Order 216–6, takes for the Offshore stock. Comparing in the action area in low numbers year NMFS has reviewed the NSF’s EA, these estimates to their associated stock round, but harvests are minimal during determined it to be sufficient, and abundance estimates results in 37.1 late spring and summer (Wolfe et al. adopted that EA and signed a Finding percent of the Gulf of Alaska, Aleutian 2012). of No Significant Impact (FONSI) on Islands, and Bering Sea stock L–DEO’s planned seismic survey May 31, 2019. experiencing take and 37.5 of the would occur during a period of low Offshore stock experiencing take. While harbor seal and Stellar sea lion harvest, Endangered Species Act (ESA) these numbers still appear high, the so any impact on subsistence activities Section 7(a)(2) of the Endangered extensive ranges of both stocks will be minimal. Additionally, the Species Act of 1973 (ESA: 16 U.S.C. compared to L–DEO’s action area, as survey will occur for approximately 18 1531 et seq.) requires that each Federal well as the short duration of the survey, days, and the portion of the survey that agency insure that any action it mean that realistically there will be would occur in nearshore waters, where authorizes, funds, or carries out is not multiple takes of a smaller portion of pinniped harvest is most likely, would likely to jeopardize the continued both killer whale stocks, resulting in no be even shorter. L–DEO has also existence of any endangered or more than a third of the individuals of conducted outreach related to threatened species or result in the any of these stocks being taken. subsistence users in the area, in order to destruction or adverse modification of Individuals from the offshore stock are determine if potential use conflicts designated critical habitat. To ensure known to undertake large movements existed and avoid these conflicts if ESA compliance for the issuance of across their entire range, from the possible. As described in the ‘‘Effects of IHAs, NMFS consults internally, in this Aleutian Islands to the California coast Specified Activities on Subsistence Uses case with the ESA Interagency and use numerous portions of this of Marine Mammals’’ section above, L– Cooperation Division, whenever we habitat in the spring and summer DEO received no comment from the propose to authorize take for (Dahlheim et al. 2008). The Gulf of relevant organizations contacted, endangered or threatened species. Alaska, Aleutian Islands, and Bering Sea meaning no concerns were raised about The NMFS Office Protected Resources transient stock occupies a range that the project. This outreach, in Interagency Cooperation Division issued includes all of the U.S. EEZ in Alaska combination with mitigation measures a Biological Opinion on May 31, 2019 (Muto et al. 2018), with L–DEO only to avoid Steller sea lion rookeries and under section 7 of the ESA, on the impacting a portion of this range for a haulouts, marine mammal monitoring, issuance of an IHA to L–DEO under limited time period. and establishing exclusion zones, will section 101(a)(5)(D) of the MMPA by the Based on the analysis contained effectively minimize impacts on these NMFS Permits and Conservation herein of the specified activity marine mammals, as well as impacts on Division. The Biological Opinion (including the mitigation and subsistence users. concluded that the proposed action is

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27270 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

not likely to jeopardize the continued Resources, NMFS, (301) 427–8401. activity and, therefore, an IHA is existence of blue whale, fin whale, gray Electronic copies of the application and appropriate. NMFS previously issued an whale (WNP DPS), humpback whale supporting documents, as well as a list IHA to the Huna Totem Corporation for (Mexico DPS and Western North Pacific of the references cited in this document, the first cruise ship berth in Hoonah, DPS), North Pacific right whale, sei may be obtained online at: https:// AK in 2015 (80 FR 31352; June 2, 2015). whale, sperm whale, and Steller sea lion www.fisheries.noaa.gov/permit/ Description of Specified Activity (Western DPS), and is not likely to incidental-take-authorizations-under- destroy or adversely modify North marine-mammal-protection-act. In case DPD proposed to construct a second Pacific right whale or western DPS of problems accessing these documents, cruise ship berth and new lightering Steller sea lion critical habitat or the please call the contact listed above. float at Cannery Point (Icy Strait) on critical habitat of other listed species SUPPLEMENTARY INFORMATION: Chichagof Island near Hoonah, Alaska, because no critical habitat exists for in order to accommodate the increase in Background these species in the action area. cruise ship and visitor traffic since The MMPA prohibits the ‘‘take’’ of completion of the first permanent cruise Authorization marine mammals, with certain ship berth completion in 2016 (80 FR NMFS has issued an IHA to L–DEO exceptions. Sections 101(a)(5)(A) and 31352; June 2, 2015). The in-water for the potential harassment of small (D) of the MMPA (16 U.S.C. 1361 et sound from the pile driving and removal numbers of 21 marine mammal species seq.) direct the Secretary of Commerce activities, may incidentally take marine incidental to a marine geophysical (as delegated to NMFS) to allow, upon mammals by Level A and B harassment. survey in the Gulf of Alaska, provided request, the incidental, but not A detailed description of the planned the previously mentioned mitigation, intentional, taking of small numbers of Hoonah Berth II project is provided in monitoring and reporting are marine mammals by U.S. citizens who the Federal Register notice for the incorporated. engage in a specified activity (other than proposed IHA (84 FR 18495; May 1, commercial fishing) within a specified Dated: June 4, 2019. 2019). geographical region if certain findings Pile driving and removal is expected Donna S. Wieting, are made and either regulations are Director, Office of Protected Resources, to occur over 75 working days (not issued or, if the taking is limited to necessarily consecutive) beginning June National Marine Fisheries Service. harassment, a notice of a proposed [FR Doc. 2019–12319 Filed 6–11–19; 8:45 am] 3, 2019 and extending into November incidental take authorization may be 2019 as needed. Approximately 39 days BILLING CODE 3510–22–P provided to the public for review. of vibratory and 8 days of impact Authorization for incidental takings hammering will occur. An additional 14 shall be granted if NMFS finds that the DEPARTMENT OF COMMERCE days of socketing and 14 days of taking will have a negligible impact on anchoring will occur to stabilize the the species or stock(s) and will not have National Oceanic and Atmospheric piles. As a contingency, the IHA is an unmitigable adverse impact on the Administration effective for a period of one year, from availability of the species or stock(s) for June 3, 2019 through June 2, 2020. RIN 0648–XG874 taking for subsistence uses (where To construct a new cruise ship berth relevant). Further, NMFS must prescribe (Berth II), lightering float, associated Taking of Marine Mammals Incidental the permissible methods of taking and support structures, and pedestrian to Specific Activities; Taking of Marine other ‘‘means of effecting the least walkway connections to shore, the Mammals Incidental to Pile Driving and practicable adverse impact’’ on the Removal Activities During affected species or stocks and their project would require the following (see Construction of a Cruise Ship Berth, habitat, paying particular attention to also Table 1): D Hoonah, Alaska rookeries, mating grounds, and areas of Installation of 62 temporary 30-inch similar significance, and on the (in) diameter steel piles as templates to AGENCY: National Marine Fisheries availability of such species or stocks for guide proper installation of permanent Service (NMFS), National Oceanic and taking for certain subsistence uses piles (these piles would be removed Atmospheric Administration (NOAA), (referred to in shorthand as prior to project completion); Commerce. ‘‘mitigation’’); and requirements D Installation of 8 permanent 42-in ACTION: Notice; Issuance of an Incidental pertaining to the mitigation, monitoring diameter steel piles, 16 permanent 36-in Harassment Authorization. and reporting of such takings are set diameter steel piles, and 18 permanent forth. 24-in diameter steel piles to support a SUMMARY: In accordance with the new 500 feet (ft) x 50 ft floating pontoon regulations implementing the Marine Summary of Request dock, its attached 400 ft x 12 ft small Mammal Protection Act (MMPA) as On December 28, 2018, NMFS craft float, mooring structures, and amended, notification is hereby given received a request DPD for an IHA to shore-access fixed-pier walkway (Figure that NMFS has issued an incidental take marine mammals incidental to pile 6 of the application) harassment authorization (IHA) to Duck driving and removal activities during D Installation of three permanent 30- Point Development II, LLC. (DPD) to construction of a second cruise ship in diameter steel piles to support a 120 incidentally harass, by Level A and B berth and new lightering float at ft x 20 ft lightering float, and four harassment, marine mammals during Cannery Point (Icy Strait) on Chichagof permanent 16-in diameter steel piles construction of a second cruise ship Island near Hoonah, Alaska. The above the high tide line to construct a berth and new lightering float at application was deemed adequate and 12 ft x 40 ft fixed pier for lightering float Cannery Point (Icy Strait) on Chichagof complete on April 3, 2019. DPD shore access (Figure 7 of the Island near Hoonah, Alaska. requested take of nine species of marine application); DATES: This Authorization is effective mammals by Level B harassment and D Installation of bull rail, floating from June 3, 2019 through June 2, 2020. three species by Level A harassment. fenders, mooring cleats, and mast lights. FOR FURTHER INFORMATION CONTACT: Neither DPD nor NMFS expects serious (Note: these components would be Stephanie Egger, Office of Protected injury or mortality to result from this installed out of the water.)

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27271

D Socketing and rock anchoring to stabilize the piles.

TABLE 1—PILE DRIVING AND REMOVAL ACTIVITIES REQUIRED FOR THE HOONAH BERTH II AND LIGHTERING FLOAT

Project component Description Temporary Temporary Permanent Permanent Permanent Permanent pile pile pile pile pile pile installation removal installation installation installation installation

Diameter of Steel Pile (inches) ...... 30 30 24 30 36 42 Number of Piles ...... 62 62 18 3 16 8

Vibratory Pile Driving

Total Quantity ...... 62 62 18 3 16 8 Max Number Piles Vibrated per Day ...... 6 6 4 2 2 2

Impact Pile Driving

Total Quantity ...... 0 0 0 0 16 8 Max Number Piles Impacted per Day ..... 0 0 0 0 4 2

Socketed Pile Installation (Down-Hole Drilling)

Total Quantity ...... 10 0 18 0 0 0 Max Number Piles Socketed per Day ..... 2 0 2 0 0 0

Rock Anchor Installation (Drilled Shaft)

Total Quantity ...... 0 0 2 0 16 8 Diameter of Anchor ...... 8 0 33 33 Max Number Piles Anchored per Day ..... 0 0 1 0 2 2

In addition to the activities described Comments and Responses processing IHA applications efficiently. above, the planned action will involve A notice of NMFS’s proposal to issue The Federal Register notice for the other in-water construction and heavy an IHA to DPD was published in the initial proposed IHA (84 FR 18495; May machinery activities. Other types of in- Federal Register on May 1, 2019 (84 FR 1, 2019) previously identified the water work including with heavy 18495). That notice described, in detail, conditions under which a one-year machinery will occur using standard DPD’s activity, the marine mammal Renewal IHA might be appropriate. This barges, tug boats, barge-mounted species that may be affected by the information is presented in the Request excavators, or clamshell equipment to activity, and the anticipated effects on for Public Comments section of the place or remove material; and marine mammals. During the 30-day initial proposed IHA and thus positioning piles on the substrate via a public comment period, NMFS received encourages submission of comments on crane (i.e., ‘‘stabbing the pile’’). Workers comments from the Marine Mammal the potential of a one-year renewal as will be transported from shore to the Commission (Commission). The well as the initial IHA during the 30-day barge work platform by a 25-ft skiff with Commission recommended that NMFS comment period. In addition, when we a 125–250 horsepower motor in the issue the IHA, subject to inclusion of the receive an application for a Renewal morning and at the end of the work day. proposed mitigation, monitoring, and IHA, we publish a notice of the The travel distance will be less than 300 reporting measures. proposed IHA Renewal in the Federal ft. There could be multiple (up to eight) Comment: The Commission Register and provide an additional 15 shore-to-barge trips during the day; questioned whether the public notice days for public comment, for a total of however, the area of travel will be provisions for IHA Renewals fully 45 days of public comment. We will relatively small and close to shore. We satisfy the public notice and comment also directly contact all commenters on do not expect any of these other in- provision in the MMPA and discussed the initial IHA by email, phone, or, if water construction and heavy the potential burden on reviewers of the commenter did not provide email or machinery activities to take marine reviewing key documents and phone information, by postal service to provide them the opportunity to submit mammals as these activities occur close developing comments quickly. any additional comments on the to the shoreline (less than 300 ft), but as Additionally, the Commission recommended that NMFS use the IHA proposed Renewal IHA. additional mitigation, DPD is proposing Renewal process sparingly and NMFS also strives to ensure the a 10 m shutdown zone for these selectively for activities expected to public has access to key information additional in-water activities. Therefore, have the lowest levels of impacts to needed to submit comments on a these other in-water construction and marine mammals and that require less proposed IHA, whether an initial IHA or heavy machinery activities will not be complex analysis. a Renewal IHA. The agency’s website discussed further. Response: NMFS has taken a number includes information for all projects Further details of the planned DPD of steps to ensure the public has under consideration, including the project is provided in the Federal adequate notice, time, and information application, references, and other Register notice for the proposed IHA (84 to be able to comment effectively on supporting documents. Each Federal FR 18495; May 1, 2019). IHA Renewals within the limitations of Register notice also includes contact

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27272 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

information in the event a commenter to feeding on fish waste and known to area and summarizes information has questions or cannot find the follow charter boats into the docks related to the population or stock, information they seek. around southeast Alaska. In some cases, including regulatory status under the Regarding the Commission’s comment they are undeterred by noise, other MMPA and ESA and potential that Renewal IHAs should be limited to vessels, and other forms of deterrence. biological removal (PBR), where known. certain types of projects, NMFS has The location of the new cruise ship For taxonomy, we follow Committee on explained on its website and in dock construction site is not located Taxonomy (2016). PBR is defined by the individual Federal Register notices that near the fishing vessel docks, and faces MMPA as the maximum number of Renewal IHAs are appropriate where the the open waters of Icy Strait instead of animals, not including natural continuing activities are identical, the internal waters of Port Frederick mortalities, that may be removed from a nearly identical, or a subset of the (where habituation is more likely to marine mammal stock while allowing activities for which the initial 30-day occur). Because of this spatial that stock to reach or maintain its comment period applied. Where the separation, NMFS expects that Steller optimum sustainable population (as commenter has likely already reviewed sea lions will not have the same described in NMFS’s SARs). While no and commented on the initial proposed motivation to come into the Level A mortality is anticipated or authorized IHA for these activities, the abbreviated harassment isopleth, and does not here, PBR and annual serious injury and additional comment period is sufficient predict take by Level A harassment of mortality from anthropogenic sources for consideration of the results of the Steller sea lions as a result of this are included here as gross indicators of preliminary monitoring report and new project. Therefore, the Estimated Take the status of the species and other information (if any) from the past year. section has been revised to reflect this threats. change. Change From the Proposed IHA to Final Marine mammal abundance estimates IHA Description of Marine Mammals in the presented in this document represent As described in the Federal Register Area of Specified Activities the total number of individuals that notice for the proposed IHA (84 FR Sections 3 and 4 of the application make up a given stock or the total 18495; May 1, 2019), a small amount of summarize available information number estimated within a particular take by Level A harassment take was regarding status and trends, distribution study or survey area. NMFS’s stock proposed for Steller sea lions and habitat preferences, and behavior abundance estimates for most species (Eumetopias jubatus). However, after and life history, of the potentially represent the total estimate of further consideration and additional affected species. Additional information individuals within the geographic area, conversations with species experts in regarding population trends and threats if known, that comprises that stock. For Alaska, NMFS has determined that take may be found in NMFS’s Stock some species, this geographic area may by Level A harassment is unlikely and Assessment Reports (SARs; https:// extend beyond U.S. waters. All managed will not be authorized. Originally, www.fisheries.noaa.gov/national/ stocks in this region are assessed in NMFS anticipated that Steller sea lions marine-mammal-protection/marine- NMFS’ U.S. Pacific and Alaska SARs may appear within the Level A mammal-stock-assessments) and more (Carretta et al., 2018; Muto et al., 2018). harassment isopleth without being seen general information about these species All values presented in Table 2 are the in time to shut down pile driving (e.g., physical and behavioral most recent available at the time of activities, resulting in Level A descriptions) may be found on NMFS’s publication (draft SARS available online harassment. They are smaller in size website (https:// at: https://www.fisheries.noaa.gov/ and difficult to detect in bad weather, www.fisheries.noaa.gov/find-species). national/marine-mammal-protection/ can approach closely driven by Table 2 lists all species with expected draft-marine-mammal-stock- curiosity, and are becoming habituated potential for occurrence in the project assessment-reports). TABLE 2—MARINE MAMMALS OCCURRENCE IN THE PROJECT AREA

ESA/ MMPA Stock abundance (CV, Nmin, Annual Common name Scientific name Stock status; PBR 3 strategic most recent M/SI abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray Whale ...... Eschrichtius robustus ...... Eastern N Pacific ...... -, -, N 26,960 (0.05, 25,849, 801 138 2016). Family Balaenopteridae (rorquals): Minke Whale ...... Balaenoptera acutorostrata ...... Alaska ...... -, -, N N/A (see SAR, N/A, see UND 0 SAR). Humpback Whale ...... Megaptera novaeangliae ...... Central N Pacific (Hawaii -, -, Y 10,103 (0.3, 7,890, 2006) 83 25 and Mexico DPS). (Hawaii DPS 9,487 a, Mexico DPS 606 a).

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Physeteridae: Sperm whale ...... Physeter macrocephalus ...... North Pacific ...... E, D, Y N/A (see SAR, N/A, 2015) See SAR 4.4 Family Delphinidae: Killer Whale ...... Orcinus orca ...... Alaska Resident ...... -, -, N 2,347 c (N/A, 2347, 2012) 24 1 Northern Resident ...... -, -, N 261 c (N/A, 261, 2011) ..... 1.96 0 West Coast Transient ...... -, -, N 243 c (N/A, 243, 2009) ..... 2.4 0 Pacific White-Sided Dolphin Lagenorhynchus obliquidens ...... N Pacific ...... -, -, N 26,880 (N/A, N/A, 1990) ... UND 0 Family Phocoenidae (porpoises):

VerDate Sep<11>2014 18:23 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27273

TABLE 2—MARINE MAMMALS OCCURRENCE IN THE PROJECT AREA—Continued

ESA/ Stock abundance MMPA (CV, N , Annual Common name Scientific name Stock status; min PBR most recent M/SI 3 strategic abundance survey) 2 (Y/N) 1

Dall’s Porpoise ...... Phocoenoides dalli ...... AK ...... -, -, N 83,400 (0.097, N/A, 1991) UND 38 Harbor Porpoise ...... Phocoena phocoena ...... Southeast Alaska ...... -, -, Y see SAR (see SAR, see 8.9 34 SAR, 2012).

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller Sea Lion ...... Eumetopias jubatus ...... Western DPS ...... E, D, Y 54,267 a (see SAR, 326 252 54,267, 2017). Eastern DPS ...... T, D, Y 41,638 a (see SAR, 2498 108 41,638, 2015). Family Phocidae (earless seals): Harbor Seal ...... Phoca vitulina ...... Glacier Bay/Icy Strait ...... -, -, N 7,210 (see SAR, 5,647, 169 104 2011). 1—Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2—NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable [explain if this is the case]. 3—These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. Note:—Italicized species are not expected to be taken or planned for authorization. a Under the MMPA humpback whales are considered a single stock (Central North Pacific); however, we have divided them here to account for distinct population segments (DPSs) listed under the ESA. Using the stock assessment from Muto et al. 2018 for the Central North Pacific stock (10,103) and calculations in Wade et al. 2016, 93.9% of the humpback whales in Southeast Alaska are expected to be from the Hawaii DPS and 6.1% are expected to be from the Mexico DPS.

A detailed description of the of the the animal; and the sound propagation proposed IHA (84 FR 18495; May 1, species likely to be affected by the DPD properties of the environment. With 2019), therefore that information is not project, including brief introductions to both types, it is likely that the pile repeated here; please refer to that the species and relevant stocks as well driving could result in temporary, short Federal Register notice for that as available information regarding term changes in an animal’s typical information. population trends and threats, and behavioral patterns and/or avoidance of Estimated Take information regarding local occurrence, the affected area. The Federal Register were provided in the Federal Register notice for the proposed IHA (84 FR This section provides an estimate of notice for the proposed IHA (84 FR 18495; May 1, 2019) included a the number of incidental takes 18495; May 1, 2019) since that time, we discussion of the effects of authorized through this IHA, which are not aware of any changes in the anthropogenic noise on marine informed both NMFS’ consideration of status of these species and stocks; mammals, therefore that information is ‘‘small numbers’’ and the negligible therefore, detailed descriptions are not not repeated here; please refer to the impact determination. provided here. Please refer to that Federal Register notice (84 FR 18495; Except with respect to certain Federal Register notice for these May 1, 2019). activities not pertinent here, section descriptions. Please also refer to NMFS’ 3(18) of the MMPA defines Anticipated Effects on Marine Mammal website (https:// ‘‘harassment’’ as any act of pursuit, Habitat www.fisheries.noaa.gov/find-species) for torment, or annoyance, which (i) has the generalized species accounts. The main impact issue associated potential to injure a marine mammal or with the planned activity would be marine mammal stock in the wild (Level Potential Effects of Specified Activities temporarily elevated sound levels and A harassment); or (ii) has the potential on Marine Mammals and Their Habitat the associated direct effects on marine to disturb a marine mammal or marine Acoustic effects on marine mammals mammals. The most likely impact to mammal stock in the wild by causing during the specified activity can occur marine mammal habitat occurs from disruption of behavioral patterns, from vibratory and impact pile driving pile driving effects on likely marine including, but not limited to, migration, as well as during socketing and mammal prey (i.e., fish) near where the breathing, nursing, breeding, feeding, or anchoring of the piles. The effects of piles are installed. Impacts to the sheltering (Level B harassment). underwater noise from DPD’s planned immediate substrate during installation Take of marine mammals incidental activities have the potential to result in and removal of piles are anticipated, but to DPD’s pile driving and removal Level A and B harassment of marine these would be limited to minor, activities (as well as during socketing mammals in the vicinity of the action temporary suspension of sediments, and anchoring) could occur as a result area. The effects of pile driving on which could impact water quality and of Level A and Level B harassment. marine mammals are dependent on visibility for a short amount of time, but Below we describe how the potential several factors, including the size, type, which would not be expected to have take is estimated. As described and depth of the animal; the depth, any effects on individual marine previously, no mortality is anticipated intensity, and duration of the pile mammals. Impacts to substrate are or authorized for this activity. Below we driving sound; the depth of the water therefore not discussed further. These describe how the take is estimated. column; the substrate of the habitat; the potential effects are discussed in detail Generally speaking, we estimate take standoff distance between the pile and in the Federal Register notice for the by considering: (1) Acoustic thresholds

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27274 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

above which NMFS believes the best the receiving animals (hearing, experience changes in their hearing available science indicates marine motivation, experience, demography, sensitivity for all underwater mammals will be behaviorally harassed behavioral context) and can be difficult anthropogenic sound sources, and or incur some degree of permanent to predict (Southall et al., 2007, Ellison reflects the best available science on the hearing impairment; (2) the area or et al., 2012). Based on what the potential for noise to affect auditory volume of water that will be ensonified available science indicates and the sensitivity by: above these levels in a day; (3) the practical need to use a threshold based D Dividing sound sources into two density or occurrence of marine on a factor that is both predictable and groups (i.e., impulsive and non- mammals within these ensonified areas; measurable for most activities, NMFS impulsive) based on their potential to and, (4) and the number of days of uses a generalized acoustic threshold affect hearing sensitivity; activities. We note that while these based on received level to estimate the D Choosing metrics that best address basic factors can contribute to a basic onset of behavioral harassment. NMFS the impacts of noise on hearing calculation to provide an initial predicts that marine mammals are likely sensitivity, i.e., sound pressure level prediction of takes, additional to be behaviorally harassed in a manner (peak SPL) and sound exposure level information that can qualitatively we consider Level B harassment when (SEL) (also accounts for duration of inform take estimates is also sometimes exposed to underwater anthropogenic exposure); and available (e.g., previous monitoring noise above received levels of 120 dB re D Dividing marine mammals into results or average group size). Below, we 1 mPa (rms) for continuous (e.g., hearing groups and developing auditory describe the factors considered here in vibratory pile driving) and above 160 dB weighting functions based on the more detail and present the planned re 1 mPa (rms) for impulsive sources science supporting that not all marine take estimate. (e.g., impact pile driving). DPD’s mammals hear and use sound in the Acoustic Thresholds planned activity includes the use of same manner. continuous (vibratory pile driving) and Using the best available science, These thresholds were developed by impulsive (impact pile driving) sources, NMFS has developed acoustic compiling and synthesizing the best and therefore the 120 and 160 dB re 1 thresholds that identify the received available science, and are provided in mPa (rms) are applicable. level of underwater sound above which Table 3 below. The references, analysis, exposed marine mammals would be Level A harassment—NMFS’ and methodology used in the reasonably expected to be behaviorally Technical Guidance for Assessing the development of the thresholds are harassed (equated to Level B Effects of Anthropogenic Sound on described in NMFS 2018 Technical harassment) or to incur PTS of some Marine Mammal Hearing (Version 2.0) Guidance, which may be accessed at degree (equated to Level A harassment). (Technical Guidance, 2018) identifies https://www.fisheries.noaa.gov/ Level B Harassment—Though dual criteria to assess auditory injury national/marine-mammal-protection/ significantly driven by received level, (Level A harassment) to five different marine-mammal-acoustic-technical- the onset of behavioral disturbance from marine mammal groups (based on guidance. anthropogenic noise exposure is also hearing sensitivity) as a result of DPD’s pile driving and removal informed to varying degrees by other exposure to noise. The technical activity includes the use of impulsive factors related to the source (e.g., guidance identifies the received levels, (impact pile driving) and non-impulsive frequency, predictability, duty cycle), or thresholds, above which individual (vibratory pile driving and removal) the environment (e.g., bathymetry), and marine mammals are predicted to sources.

TABLE 3—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT [Auditory injury]

PTS onset acoustic thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Cell 1: Lpk,flat: 219 dB; LE,LF,24h: 183 dB ...... Cell 2: LE,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Cell 3: Lpk,flat: 230 dB; LE,MF,24h: 185 dB ...... Cell 4: LE,MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Cell 5: Lpk,flat: 202 dB; LE,HF,24h: 155 dB ...... Cell 6: LE,HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Cell 7: Lpk,flat: 218 dB; LE,PW,24h: 185 dB ...... Cell 8: LE,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Cell 9: Lpk,flat: 232 dB; LE,OW,24h: 203 dB ...... Cell 10: LE,OW,24h: 219 dB. * Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impul- sive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds should also be considered. 2 Note: Peak sound pressure (Lpk) has a reference value of 1 μPa, and cumulative sound exposure level (LE) has a reference value of 1μPa s. In this Table, thresholds are abbreviated to reflect American National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ‘‘flat’’ is being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be exceeded.

Ensonified Area ensonified above the acoustic Sound Propagation thresholds, which include source levels Here, we describe operational and and transmission loss coefficient. Transmission loss (TL) is the decrease environmental parameters of the activity in acoustic intensity as an acoustic that will feed into identifying the area pressure wave propagates out from a

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27275

source. TL parameters vary with conditions including in-water structures would lie between spherical and frequency, temperature, sea conditions, and sediments. Spherical spreading cylindrical spreading loss conditions. current, source and receiver depth, occurs in a perfectly unobstructed (free- water depth, water chemistry, and field) environment not limited by depth Sound Source Levels bottom composition and topography. or water surface, resulting in a 6 dB The intensity of pile driving sounds is The general formula for underwater TL reduction in sound level for each greatly influenced by factors such as the is: doubling of distance from the source type of piles, hammers, and the physical (20*log(range)). Cylindrical spreading TL = B * log10(R1/R2), environment in which the activity takes occurs in an environment in which Where: place. There are source level B = transmission loss coefficient (assumed to sound propagation is bounded by the water surface and sea bottom, resulting measurements available for certain pile be 15) types and sizes from the similar R1 = the distance of the modeled SPL from in a reduction of 3 dB in sound level for the driven pile, and each doubling of distance from the environments recorded from underwater R2 = the distance from the driven pile of the source (10*log(range)). As is common pile driving projects in Alaska (e.g., initial measurement. practice in coastal waters, here we JASCO Reports—Denes et al., 2017 and This formula neglects loss due to assume practical spreading loss (4.5 dB Austin et al., 2016).) that were evaluated scattering and absorption, which is reduction in sound level for each and used as proxy sound source levels assumed to be zero here. The degree to doubling of distance). Practical to determine reasonable sound source which underwater sound propagates spreading is a compromise that is often levels likely result from DPD’s pile away from a sound source is dependent used under conditions where water driving and removal activities (Table 4). on a variety of factors, most notably the depth increases as the receiver moves Many source levels used were more water bathymetry and presence or away from the shoreline, resulting in an conservation as the values were from absence of reflective or absorptive expected propagation environment that larger pile sizes.

TABLE 4—ASSUMED SOUND SOURCE LEVELS

Sound source level at 10 Activity meters Sound Source

Vibratory Pile Driving/Removal

24-in steel pile permanent ...... 161.9 SPL ...... The 24-in-diameter source level for vibratory driving are proxy from 30-in steel pile temporary installation ...... 161.9 SPL. median measured source levels from pile driving of 30-in-diame- 30-in steel pile removal ...... 161.9 SPL. ter piles to construct the Ketchikan Ferry Terminal (Denes et al. 30-in steel pile permanent installation ...... 161.9 SPL. 2016, Table 72). 36-in steel pile permanent ...... 168.2 SPL ...... The 36-in And 42-in pile source level is a proxy from median meas- 42-in steel pile permanent ...... 168.2 SPL. ured source level from vibratory hammering of 48-in piles for the Port of Anchorage test pile project (Austin et al., 2016).

Impact Pile Driving

36-in steel pile permanent ...... 186.7 SEL/198.6 SPL ...... The 36-inch and 42-inch diameter pile source level is a proxy from 42-in steel pile permanent ...... 186.7 SEL/198.6 SPL. median measured source level from impact hammering of 48-in piles for the Port of Anchorage test pile project (Austin et al., 2016).

Socketed Pile Installation

24-in steel pile permanent ...... 166.2 SPL ...... The socketing and rock anchor source level is a proxy from median 30-in steel pile temporary ...... 166.2 SPL. measured source level from down-hole drilling of 24-in-diameter piles to construct the Kodiak Ferry Terminal (Denes et al., 2016, Table 72).

Rock Anchor Installation

8-in anchor permanent (for 24-inch piles) ...... 166.2 SPL ...... The socketing and rock anchor source level is a proxy from median 33-in anchor permanent (for 36-inch piles) .... 166.2 SPL. measured source level from down-hole drilling of 24-in-diameter 33-in anchor permanent (for 42-inch piles) .... 166.2 SPL. piles to construct the Kodiak Ferry Terminal (Denes et al., 2016, Table 72). Notes: Denes et al., 2016—Alaska Department of Transportation’s Hydroacoustic Pile Driving Noise Study—Comprehensive Report and Aus- tin et al., 2016—Hydroacoustic Monitoring Report: Anchorage Port Modernization Project Test Pile Program. Version 3.0. Technical report by JASCO Applied Sciences for Kiewit Infrastructure West Co.

Level A Harassment includes tools to help predict a simple to be overestimates of some degree, isopleth that can be used in conjunction which may result in some degree of When the NMFS Technical Guidance with marine mammal density or overestimate of take by Level A (2016) was published, in recognition of the fact that ensonified area/volume occurrence to help predict takes. We harassment. However, these tools offer could be more technically challenging note that because of some of the the best way to predict appropriate to predict because of the duration assumptions included in the methods isopleths when more sophisticated 3D component in the new thresholds, we used for these tools, we anticipate that modeling methods are not available, and developed a User Spreadsheet that isopleths produced are typically going NMFS continues to develop ways to

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27276 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

quantitatively refine these tools, and Spreadsheet predicts the closest Spreadsheet (Tables 5 and 6), and the will qualitatively address the output distance at which, if a marine mammal resulting isopleths are reported below where appropriate. For stationary remained at that distance the whole (Table 7). sources (such as from impact and duration of the activity, it would incur vibratory pile driving), NMFS User PTS. Inputs used in the User TABLE 5—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET INPUT TO CALCULATE PTS ISOPLETHS FOR VIBRATORY PILE DRIVING [User spreadsheet input—vibratory pile driving/anchoring and socketing spreadsheet tab A.1 vibratory pile driving used]

30-in piles 30-in piles 24-in and 24-in piles (temporary (temporary 30-in piles 36-in piles 42-in piles 8-in 33-in 30-in (permanent) install) removal) (permanent) (permanent) (permanent) anchoring anchoring socketing

Source Level (RMS SPL) ...... 161.9 161.9 161.9 161.9 168.2 168.2 166.2 166.2 166.2 Weighting Factor Adjustment (kHz) ...... 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 Number of piles within 24-hr pe- riod ...... 4 6 6 2 2 2 1 2 2 Duration to drive a single pile (min) ...... 10 20 10 30 30 60 60 240 60 Propagation (xLogR) ...... 15 15 15 15 15 15 15 15 15 Distance of source level meas- urement (meters)+ ...... 10 10 10 10 10 10 10 10 10

TABLE 6—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET INPUT TO CALCULATE PTS ISOPLETHS FOR IMPACT PILE DRIVING [User spreadsheet input—impact pile driving spreadsheet Tab E.1 impact pile driving used]

36-in piles 42-in piles (permanent) (permanent)

Source Level (Single Strike/shot SEL) ...... 186.7 186.7 Weighting Factor Adjustment (kHz) ...... 2 2 Number of strikes per pile ...... 100 135 Number of piles per day ...... 4 2 Propagation (xLogR) ...... 15 15 Distance of source level measurement (meters)∂ ...... 10 10

TABLE 7—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET OUTPUTS TO CALCULATE LEVEL A HARASSMENT PTS ISOPLETHS [User spreadsheet output]

PTS isopleths (meters) Level A harassment Activity Sound source level at 10 m Low- Mid- High- frequency frequency frequency Phocid Otariid cetaceans cetaceans cetaceans

Vibratory Pile Driving/Removal

24-in steel installation ...... 161.9 SPL1 ...... 6.0 0.5 8.8 3.6 0.3 30-in steel temporary installation ...... 161.9 SPL1 ...... 12.4 1.1 18.4 7.6 0.5 30-in steel removal ...... 161.9 SPL1 ...... 7.8 0.7 11.6 4.8 0.3 30-in steel permanent installation ...... 161.9 SPL1 ...... 7.8 0.7 11.6 4.8 0.3 36-in steel permanent installation ...... 168.2 SPL2 ...... 20.6 1.8 30.5 12.5 0.9 42-in steel permanent installation ...... 168.2 SPL2 ...... 32.7 2.9 48.4 19.9 1.4

Impact Pile Driving

36-in steel permanent installation ...... 186.7 SEL/198.6 956.7 34.0 1,139.6 512.0 37.3 SPL2. 42-in steel permanent installation ...... 186.7 SEL/198.6 736.2 26.2 876.9 394.0 28.7 SPL2.

Socketed Pile Installation

24-in steel permanent installation ...... 166.2 SPL3 ...... 24.1 2.1 35.6 14.6 1.0 30-in steel temporary installation ...... 166.2 SPL3 ...... 24.1 2.1 35.6 14.6 1.0

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27277

TABLE 7—NMFS TECHNICAL GUIDANCE (2018) USER SPREADSHEET OUTPUTS TO CALCULATE LEVEL A HARASSMENT PTS ISOPLETHS—Continued [User spreadsheet output]

PTS isopleths (meters) Level A harassment Activity Sound source level at 10 m Low- Mid- High- frequency frequency frequency Phocid Otariid cetaceans cetaceans cetaceans

Rock Anchor Installation

8-in anchor permanent installation 166.2 SPL3 ...... 15.2 1.3 22.4 9.2 0.6 (for 24-in piles). 33-in anchor permanent installation 166.2 SPL3 ...... 60.7 5.4 89.7 36.9 2.6 (for 36-in piles). 33-in anchor permanent installation 166.2 SPL3 ...... 60.7 5.4 89.7 36.9 2.6 (for 42-in piles). 1 The 24-in and 30-in-diameter source levels for vibratory driving are proxy from median measured source levels from pile driving of 30-in-di- ameter piles to construct the Ketchikan Ferry Terminal (Denes et al. 2016, Table 72). 2 The 36-in and 42-in-diameter pile source levels are proxy from median measured source levels from pile driving (vibratory and impact ham- mering) of 48-in piles for the Port of Anchorage test pile project (Austin et al. 2016, Tables 9 and 16). We calculated the distances to impact pile driving Level A harassment thresholds for 36-in piles assuming 100 strikes per pile and a maximum of 4 piles installed in 24 hours; for 42-in piles we assumed 135 strikes per pile and a maximum of 2 piles installed in 24 hours. 3 The socketing and rock anchoring source level is proxy from median measured sources levels from down-hole drilling of 24-in-diameter piles to construct the Kodiak Ferry Terminal (Denes et al. 2016, Table 72).

Level B Harassment the occurrence of landforms (See Figure rms. The maximum radial distance of 8, 12, 13 of the application, the largest the Level B Harassment Zone for impact Utilizing the practical spreading loss Level B Harassment Zone calculated for piling equaled 3,744 m. At this radial model, DPD determined underwater vibratory pile driving for 36-in and 42- distance, the entire Level B Harassment noise will fall below the behavioral in steel piles equaled 193 km2 and Zone for impact piling equaled 19 km2. effects threshold of 120 dB rms for socket and rock anchoring equaled 116 Table 8 below provides all Level B 2 marine mammals at the distances shown km . For calculating the Level B Harassment radial distances (m) and in Table 8 for vibratory pile driving/ Harassment Zone for impact driving, the their corresponding areas (km2) during removal, socketing, and rock anchoring. practical spreading loss model was used DPD’s planned activities. With these radial distances, and due to with a behavioral threshold of 160 dB

TABLE 8—RADIAL DISTANCES (METERS) TO RELEVANT BEHAVIORAL ISOPLETHS AND ASSOCIATED ENSONIFIED AREAS (SQUARE KILOMETERS (km2)) USING THE PRACTICE SPREADING MODEL

Level B Harassment Level B Activity Received level at 10 meters Zone Harassment (m) * Zone (km2)

Vibratory Pile Driving/Removal

24-in steel installation ...... 161.9 SPL ...... 6,215 (calculated 6,213) ...... 39 30-in steel temporary installation ...... 161.9 SPL ...... 6,215 (calculated 6,213) ...... 30-in steel removal ...... 161.9 SPL ...... 6,215 (calculated 6,213) ...... 30-in steel permanent installation ...... 161.9 SPL ...... 6,215 (calculated 6,213) ...... 36-in steel permanent installation ...... 168.2 SPL ...... 16,345 (calculated 16,343) ...... 193 42-in steel permanent installation ...... 168.2 SPL ...... 16,345 (calculated 16,343) ......

Impact Pile Driving

36-in steel permanent installation ...... 186.7 SEL/198.6 SPL ...... 3,745 (calculated 3,744) ...... 19 42-in steel permanent installation ...... 186.7 SEL/198.6 SPL ...... 3,745 (calculated 3,744) ......

Socketed Pile Installation

24-in steel permanent installation ...... 166.2 SPL ...... 12,025 (calculated 12,023) ...... 116 30-in steel temporary installation ...... 166.2 SPL ...... 12,025 (calculated 12,023) ......

Rock Anchor Installation

8-in anchor permanent installation (for 166.2 SPL ...... 12,025 (calculated 12,023) ...... 116 24-in piles. 33-in anchor permanent installation (for 166.2 SPL ...... 12,025 (calculated 12,023) ...... 36-in piles).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27278 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

TABLE 8—RADIAL DISTANCES (METERS) TO RELEVANT BEHAVIORAL ISOPLETHS AND ASSOCIATED ENSONIFIED AREAS (SQUARE KILOMETERS (km2)) USING THE PRACTICE SPREADING MODEL—Continued

Level B Harassment Level B Activity Received level at 10 meters Zone Harassment (m) * Zone (km2)

33-in anchor permanent installation (for 166.2 SPL ...... 12,025 (calculated 12,023) ...... 42-in piles). * Numbers rounded up to nearest 5 meters.

Marine Mammal Occurrence and Take Humpback Whales bubble-net feeding groups of humpbacks Calculation and Estimation There are no density estimates of in the action area in those months of construction. In this section we provide the humpback whales available in the project area. Humpback whale presence To estimate the number of exposures, information about the presence, density, NMFS looked at the proportion of days or group dynamics of marine mammals in the action area is likely steady through the work period until of the month when the numbers of that will inform the take calculations. animals observed were within one Potential exposures to impact pile November, when most humpbacks migrate back to Hawaii or Mexico. standard deviation of that month’s driving, vibratory pile driving/removal average daily sightings. That proportion and socketing/rock anchoring noises for NMFS has received a few reports of humpback whales over-wintering in was 0.7. The average number of each acoustic threshold were estimated sightings was estimated as exposures on using group size estimates and local Southeast Alaska, but numbers of animals and exact locations are very those days. For the remaining 30 observational data. As previously stated, hard to predict, and NMFS assumes the percent of work days, the maximum take by Level B harassment as well as presence of much fewer humpbacks in number of observations on any single small numbers of take by Level A the action area in November and later day were estimated to be exposed on harassment will be will be considered winter months. During the previous those days. for this action. Take by Level B and Huna Berth I project, humpback whales For example, in June, the average Level A harassment are calculated were observed on 84 of the 135 days of number of daily observations (1.31) was differently for some species based on monitoring; most often in September estimated to occur on 70 percent of the monthly or daily sightings data and and October (BergerABAM 2016). The 17 work days, which resulted in 15.59 average group sizes within the action best available information on the exposures. On the other 30 percent of area using the best available data. Take distribution of humpbacks in the project the 17 work days, the maximum number by Level A harassment is planned for area was obtained from several sources of observations on any day (10) resulted two species where the Level A including: Icy Strait observations from in 51 estimated exposures. In addition, harassment isopleths are very large 2015 (BergerABAM 2016), Glacier Bay/ in June, NMFS estimates that one during impact pile driving (harbor Icy Strait NPS Survey data 2014–2018 bubble-net feeding group of 10 porpoise and harbor seal), and is based (provided by NPS, March 2019), Whale individuals could be exposed, due to on average group size multiplied by the Alert opportunistic reported sightings anecdotal evidence of this feeding number of days of impact pile driving. 2016–2018, and reported HB whale activity occurring inside the planned Distances to Level A harassment bubble-net feeding group to NPS, 2015– action area. NMFS estimates a total of thresholds for other project activities 2018 (provided by NPS, March 2019). 76.59 humpback whales could be (vibratory pile driving/removal, The National Park Service Glacier exposed in June. Humpback whales socketing, rock anchoring) are Bay/Icy Strait survey is designed to could be in larger groups when large considerably smaller compared to observe humpback whales and has amounts of prey are available, but this impact pile driving, and mitigation is regular effort in June, July, and August. is difficult to predict with any precision. expected to avoid Level A harassment This is the primary data source used to Although we are not proposing to from these other activities. estimate exposures of humpback whales authorize takes by month, we are Minke Whales in the action area during those months, demonstrating how the total take was except for when a maximum group size calculated. The total number of There are no density estimates of reported in Whale Alert data was exposures per month was calculated to minke whales available in the project greater, then the Whale Alert number be 76.59 (June), 68.02 (July), 71.93 area. These whales are usually sighted was used (June and July maximum (August), 132.07 (September), 78.82 individually or in small groups of 2–3, group size). The on-site marine mammal (October), and 6.20 (November). The but there are reports of loose monitoring data from BergerABAM total number of whales authorized to be aggregations of hundreds of animals (2016) was used to estimate takes in taken by Level B harassment from June (NMFS 2018). There was one sighting of September and October and Whale Alert to November is 434 (433.63) humpback a minke whale during the 135 days of data was the only data source available whales with 26 (26.061) of those whales monitoring during the Huna Berth I in November and could represent a anticipated being from the Mexico DPS construction project (June 2015 through minimum number of observations due (0.0601 percentage of the total animals). January 2016) (BergerABAM 2016). To to fewer opportunistic sightings Gray Whales be conservative, we predict that three recorded in that month. minke whales in a group could be In addition, a single group of bubble- There are no density estimates of gray sighted 3 times over the 6-month project net feeding humpbacks of 10 animals whales available in the project area. period for a total of 9 minke whales was added to the total estimated Gray whales travel alone or in small, authorized to be taken by Level B exposures for June and October, based unstable groups, although large harassment. on anecdotal data provided by NPS of aggregations may be seen in feeding and

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27279

breeding grounds (NMFS 2018e). Jefferson et al., 2019 presents the first seals could occur in the project area Observations in Glacier Bay and nearby abundance estimates for Dall’s porpoise each month during the 6-month project waters recorded two gray whales in these waters and found the period for a total of 156 takes by Level documented over a 10-year period abundance in summer (N = 2,680, CV = B harassment. Because the Level A (Keller et al., 2017). None were observed 19.6 percent), and lowest in fall (N = harassment zone is significantly larger during Huna Berth I project monitoring 1,637, CV = 23.3 percent). Dall’s than the shutdown zone during impact (BergerABAM 2016). We conservatively porpoise are common in Icy Strait and pile driving, NMFS predicts that some estimate a small group to be 3 gray sporadic with very low densities in Port take by Level A harassment may occur. whales × 1 sighting over the 6-month Frederick (Jefferson et al., 2019). Based on the previous monitoring work period for a total of three gray Dahlheim et al. (2008) observed 346 results, we estimate that a group size of whales authorized to be taken by Level Dall’s porpoise in Southeast Alaska two harbor seals multiplied by 1 group B harassment. (inclusive of Icy Strait) during the per day over 8 days of impact pile summer (June/July) of 2007 for an driving would yield a total of 16 takes Killer Whales average of 173 animals per month as authorized by Level A harassment. There are no density estimates of part of a 17-year study period. During Steller Sea Lion killer whales available in the project the previous Huna Berth I project, only area. Killer whales occur commonly in two Dall’s porpoise were observed, and There are no density estimates of the waters of the project area, and could were transiting within the waters of Port Steller sea lions available in the project include members of several designated Frederick in the vicinity of Halibut area. NMFS expects that Steller sea lion stocks that may occur in the vicinity of Island. Therefore, NMFS’ estimates 173 presence in the action area will vary due the planned project area. Whales are Dall’s porpoise per month may be seen to prey resources and the spatial known to use the Icy Strait corridor to each month of the 6-month project distribution of breeding versus non- enter and exit inland waters and are period for a total of 1,038 takes breeding season. In April and May, observed in every month of the year, authorized by Level B harassment. Steller sea lions are likely feeding on with certain pods being observed inside herring spawn in the action area. Then, Port Frederick passing directly in front Harbor Porpoise most Steller sea lions likely move to the of Hoonah. Group size of resident killer Dahlheim et al. (2015) observed 332 rookeries along the outside coast (away whale pods in the Icy Strait area ranges resident harbor porpoises occurred in from the action area) during breeding from 42 to 79 and occur in every month the Icy Strait area, and harbor porpoise season, and would be in the action area of the year (Dahlheim pers. comm. to are known to use the Port Frederick area in greater numbers in August and later NMFS 2015). As determined during a as part of their core range. During the months (J. Womble, NPS, pers. comm. to line-transect survey by Dalheim et al. Huna Berth I project monitoring, a total NMFS AK Regional Office, March 2019). (2008), the greatest number of transient of 32 harbor porpoise were observed However, Steller sea lions are also killer whale observed occurred in 1993 over 19 days during the 4-month opportunistic predators and their with 32 animals seen over two months project. The harbor porpoises were presence can be hard to predict. for an average of 16 sightings per month. observed in small groups with the Steller sea lions typically occur in NMFS estimates that group size of 79 largest group size reported was four groups of 1–10 animals, but may resident killer whales and 16 transient individuals and most group sizes congregate in larger groups near killer whales could occur each month consisting of three or fewer animals. rookeries and haulouts. The previous during the 6-month project period for a NMFS conservatively estimates that 332 Huna Berth I project observed a total of total of 570 takes authorized by Level B harbor porpoises could occur in the 180 Steller sea lion sightings over 135 harassment. project area each month over the 6- days in 2015, amounting to an average month project period for a total of 1,992 of 1.3 sightings per day (BergerABAM Pacific White-Sided Dolphin takes authorized by Level B harassment. 2016). During a test pile program There are no density estimates of Because the Level A harassment zone is performed at the project location by the Pacific white-sided dolphins available significantly larger than the shutdown Hoonah Cruise Ship Dock Company in in the project area. Pacific white-sided zone during impact pile driving, NMFS May 2018, a total of 15 Steller sea lions dolphins have been observed in Alaska predicts that some take by Level A were seen over the course of 7 hours in waters in groups ranging from 20 to 164 harassment may occur. Based on the one day (SolsticeAK 2018). animals, with the sighting of 164 previous monitoring results, we We used the same process to calculate animals occurring in Southeast Alaska estimate that a group size of four harbor Steller sea lion take as explained above near Dixon Entrance (Muto et al., 2018). porpoises multiplied by 1 group per day or humpback whales, except that 79 There were no Pacific white-sided over 8 days of impact pile driving percent of the work days in each month dolphins observed during the 135-day would yield a total of 32 takes are expected to expose the average monitoring period during the Huna authorized by Level A harassment. number of animals, and 21 percent of Berth I project. However, to be the work days would expose the Harbor Seal conservative NMFS estimates 164 maximum number of animals. For Pacific white-sided dolphins may be There are no density estimates of example, in June, the average number of seen once over the 6-month project harbor seals available in the project daily observations (1.6) was estimated to period for a total of 164 takes authorized area. Keller et al. (2017) observed an occur on 13.43 work days, which would by Level B harassment. average of 26 harbor seal sightings each result in 21.48 exposures. On the other month between June and August of 2014 21 percent of the 17 work days, the Dall’s Porpoise in Glacier Bay and Icy Strait. During the maximum number of observations on Little information is available on the monitoring of the Huna Berth I project, any day (26) could result in 92.82 abundance of Dall’s porpoise in the harbor seals typically occur in groups of estimated exposures. NMFS estimates a inland waters of Southeast Alaska. one to four animals and a total of 63 total of 114.31 Steller sea lions could be Dall’s porpoise are most abundant in seals were observed during 19 days of exposed in June. Although we are not spring, observed with lower numbers in the 135-day monitoring period. NMFS proposing to authorize takes by month, the summer, and lowest numbers in fall. conservatively estimate that 26 harbor we are demonstrating how the total take

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27280 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

was calculated. The total number of B harassment from June to November is Table 9 below summarizes the exposures per month was calculated to 559 (559.29) Steller sea lions with 39 authorized take by Level A and B be 114.31 (June), 57.19 (July), 92.89 (39.32) of those sea lions anticipated harassment for all the species described (August), 199.23 (September), 79.10 being from the Western DPS (0.0703 above as a percentage of stock (October), and 16.57 (November). percentage of the total animals (L. abundance. Therefore, the total number of Steller Jemison draft unpublished Steller sea sea lions authorized to be taken by Level lion data, 2019).

TABLE 9—TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE

Authorized Authorized Species Stock Level A Level B Percent of stock (NEST) harassment harassment

Minke Whale ...... N/A ...... 0 9 ...... N/A. Humpback Whale ...... Hawaii DPS (9,487) a ...... 0 408 ...... 4.3. 26 ...... 4.5. Mexico DPS (606) a ...... (Total 434) ... Gray Whale ...... Eastern North Pacific (26,960) ...... 0 3 ...... Less than 1 percent. Killer Whale ...... Alaska Resident (2,347) ...... 0 469 ...... 19.9.b Northern Resident (261) ...... 52 ...... 19.9.b West Coast Transient (243) ...... 49 ...... 20.2.b (Total 570) ... Pacific White-Sided Dolphin ...... North Pacific (26,880) ...... 0 164 ...... Less than 1 percent. Dall’s Porpoise ...... Alaska (83,400) c ...... 0 1,038 ...... 1.2. Harbor Porpoise ...... NA ...... 32 1,992 ...... NA. Harbor Seal ...... Glacier Bay/Icy Strait (7,210) ...... 16 156 ...... 2.16. Steller Sea Lion ...... Eastern U.S. (41,638) ...... 0 520 ...... 1.25. Western U.S. (53,303) ...... 39 ...... Less than 1 percent. (Total 559) ... a Under the MMPA humpback whales are considered a single stock (Central North Pacific); however, we have divided them here to account for DPSs listed under the ESA. Using the stock assessment from Muto et al., 2018 for the Central North Pacific stock (10,103 whales) and calcula- tions in Wade et al., 2016; 9,487 whales are expected to be from the Hawaii DPS and 606 from the Mexico DPS. b Take estimates are weighted based on calculated percentages of population for each distinct stock, assuming animals present would follow same probability of presence in project area. c Jefferson et al., 2019 presents the first abundance estimates for Dall’s porpoise in the waters of Southeast Alaska with highest abundance re- corded in spring (N = 5,381, CV = 25.4 percent), lower numbers in summer (N = 2,680, CV = 19.6 percent), and lowest in fall (N = 1,637, CV = 23.3 percent). However, NMFS currently recognizes a single stock of Dall’s porpoise in Alaskan waters and an estimate of 83,400 Dall’s por- poises is used by NMFS for the entire stock (Muto et al., 2018).

Mitigation (1) The manner in which, and the visibility of the shutdown zone, pile In order to issue an IHA under degree to which, the successful installation would be delayed. implementation of the measure(s) is Section 101(a)(5)(D) of the MMPA, Sound Attenuation NMFS must set forth the permissible expected to reduce impacts to marine methods of taking pursuant to such mammals, marine mammal species or To minimize noise during impact pile activity, and other means of effecting stocks, and their habitat. This considers driving, pile caps (pile softening the least practicable impact on such the nature of the potential adverse material) will be used. DPD will use impact being mitigated (likelihood, species or stock and its habitat, paying high-density polyethylene (HDPE) or scope, range). It further considers the particular attention to rookeries, mating ultra-high-molecular-weight likelihood that the measure will be grounds, and areas of similar polyethylene (UHMW) softening significance, and on the availability of effective if implemented (probability of accomplishing the mitigating result if material on all templates to eliminate such species or stock for taking for steel on steel noise generation. certain subsistence uses (latter not implemented as planned) the likelihood applicable for this action). NMFS of effective implementation (probability Shutdown Zone for In-Water Heavy regulations require applicants for implemented as planned); and Machinery Work incidental take authorizations to include (2) The practicability of the measures information about the availability and for applicant implementation, which For in-water heavy machinery work feasibility (economic and technological) may consider such things as cost, (using, e.g., movement of the barge to of equipment, methods, and manner of impact on operations, and, in the case the pile location; positioning of the pile conducting such activity or other means of a military readiness activity, on the substrate via a crane (i.e., stabling of effecting the least practicable adverse personnel safety, practicality of the pile), removal of the pile from the impact upon the affected species or implementation, and impact on the water column/substrate via a crane (i.e., stocks and their habitat (50 CFR effectiveness of the military readiness deadpull); or placement of sound 216.104(a)(11)). activity. attenuation devices around the piles.) If In evaluating how mitigation may or The following mitigation measures are a marine mammal comes within 10 m of may not be appropriate to ensure the planned in the IHA: such operations, operations shall cease least practicable adverse impact on Timing Restrictions and vessels shall reduce speed to the species or stocks and their habitat, as minimum level required to maintain well as subsistence uses where All work will be conducted during steerage and safe working conditions. applicable, we carefully consider two daylight hours. If poor environmental primary factors: conditions restrict visibility full

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27281

Shutdown Zones 8 days, where the shutdown zone is determine the actual shutdown zones smaller than the Level A harassment that the applicant will operate under For all pile driving/removal and zone for high frequency cetaceans and (Table 10). The purpose of a shutdown drilling activities, DPD will establish a phocids due to the practicability of zone is generally to define an area shutdown zone for a marine mammal shutdowns on the applicant and to the within which shutdown of the activity species that is greater than its potential difficulty of observing these would occur upon sighting of a marine corresponding Level A harassment zone; animals in the large Level A harassment mammal (or in anticipation of an animal except for a few circumstances during zones. The calculated PTS isopleths entering the defined area). impact pile driving, over the course of were rounded up to a whole number to

TABLE 10—PILE DRIVING SHUTDOWN ZONES DURING PROJECT ACTIVITIES

Shutdown zones (radial distance in meters, area in km2) Source Low-frequency Mid-frequency High-frequency cetaceans cetaceans cetaceans Phocids Otariids

In-Water Construction Activities

Barge movements, pile 10 m (0.00093 km2) .. 10 m (0.00093 km2) .. 10 m (0.00093 km2) .. 10 m (0.00093 km2) .. 10 m (0.00093 km2). positioning, sound attenuation place- ment *.

Vibratory Pile Driving/Removal

24-in steel installation 25 m (0.005763 km2) 10 m (0.00093 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2) .. 10 m (0.00093 km2). (18 piles; ∼40 min per day on 4.5 days). 30-in steel temporary 25 m (0.005763 km2) 10 m (0.00093 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2) .. 10 m (0.00093 km2). installation (62 piles; ∼2 hours per day on 10.5 days). 30-in steel removal (62 25 m (0.005763 km2) 10 m (0.00093 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2) .. 10 m (0.00093 km2). piles; ∼1 hour per day on 10.5 days). 30-in steel permanent 25 m (0.005763 km2) 10 m (0.00093 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2) .. 10 m (0.00093 km2). installation (3 piles; ∼1 hour per day on 1.5 days). 36-in steel permanent 25 m (0.005763 km2) 10 m (0.00093 km2) .. 50 m (0.02307 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2). installation (16 piles; ∼1 hour per day on 8 days). 42-in steel permanent 50 m (0.02307 km2) .. 10 m (0.00093 km2) .. 50 m (0.02307 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2). installation (8 piles; ∼2 hours per day on 4 days).

Impact Pile Driving

36-in steel permanent 1,000 m (2.31 km2) ... 50 m (0.02307 km2) .. 100 m* (0.0875 km2) 50 m* (0.02307 km2) 50 m (0.02307 km2). installation (16 piles; ∼10 min per day on 4 days). 42-in steel permanent 750 m (1.44 km2) ...... 50 m (0.02307 km2) .. 100 m* (0.0875 km2) 50 m* (0.02307 km2) 50 m (0.02307 km2). installation (8 piles; ∼6 min per day on 4 days).

Socketed Pile Installation

24-in steel permanent 25 m (0.005763 km2) 10 m (0.00093 km2) .. 50 m (0.02307 km2) .. 15 m (0.0021 km2) .... 10 m (0.00093 km2). installation (18 piles; ∼2 hours per day on 9 days). 30-in steel temporary 25 m (0.005763 km2) 10 m (0.00093 km2) .. 50 m (0.02307 km2) .. 15 m (0.0021 km2) .... 10 m (0.00093 km2). installation (up to 10 piles; ∼2 hours per day on 5 days).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27282 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

TABLE 10—PILE DRIVING SHUTDOWN ZONES DURING PROJECT ACTIVITIES—Continued

Shutdown zones (radial distance in meters, area in km2) Source Low-frequency Mid-frequency High-frequency cetaceans cetaceans cetaceans Phocids Otariids

Rock Anchor Installation

8-in anchor permanent 25 m (0.005763 km2) 10 m (0.00093 km2) .. 25 m (0.005763 km2) 10 m (0.00093 km2) .. 10 m (0.00093 km2). installation (for 24-in piles, 2 anchors; ∼1 hour per day on 2 days). 33-in anchor perma- 100 m (0.0875 km2) .. 10 m (0.00093 km2) .. 100 m (0.0875 km2) .. 50 m (0.02307 km2) .. 10 m (0.00093 km2). nent installation (for 36- and 42-in piles, 24 anchors; ∼8 hours per day on 12 days). * Due to practicability of the applicant to shutdown and the difficulty of observing some species and low occurrence of some species in the project area, such as high frequency cetaceans or pinnipeds out to this distance, the shutdown zones were reduced and Level A harassment takes were requested.

Non-Authorized Take Prohibited MMPA states that NMFS must set forth, D How anticipated responses to If a species enters or approaches the requirements pertaining to the stressors impact either: (1) Long-term Level B harassment zone and that monitoring and reporting of such taking. fitness and survival of individual species is either not authorized for take The MMPA implementing regulations at marine mammals; or (2) populations, or its authorized takes are met, pile 50 CFR 216.104 (a)(13) indicate that species, or stocks; requests for authorizations must include driving and removal activities must shut D Effects on marine mammal habitat the suggested means of accomplishing down immediately using delay and (e.g., marine mammal prey species, the necessary monitoring and reporting shut-down procedures. Activities must acoustic habitat, or other important not resume until the animal has been that will result in increased knowledge of the species and of the level of taking physical components of marine confirmed to have left the area or an mammal habitat); and observation time period of 15 minutes or impacts on populations of marine (min) has elapsed for pinnipeds and mammals that are expected to be D Mitigation and monitoring small cetaceans and 30 min for large present in the planned action area. effectiveness. whales. Effective reporting is critical both to compliance as well as ensuring that the DPD Briefings Soft Start most value is obtained from the required DPD is will conduct briefings between The use of a soft-start procedure are monitoring. construction supervisors and crews, Monitoring and reporting believed to provide additional marine mammal monitoring team, and requirements prescribed by NMFS protection to marine mammals by DPD staff prior to the start of all pile providing warning and/or giving marine should contribute to improved driving activities and when new mammals a chance to leave the area understanding of one or more of the personnel join the work, in order to prior to the impact hammer operating at following: full capacity. For impact pile driving, D Occurrence of marine mammal explain responsibilities, communication contractors will be required to provide species or stocks in the area in which procedures, marine mammal monitoring an initial set of three strikes from the take is anticipated (e.g., presence, protocol, and operational procedures. hammer at 40 percent energy, followed abundance, distribution, density); The crew will be requested to alert the by a 1-min waiting period. Then two D Nature, scope, or context of likely PSO when a marine mammal is spotted subsequent three strike sets would marine mammal exposure to potential in the action area. occur. Soft Start is not required during stressors/impacts (individual or cumulative, acute or chronic), through Protected Species Observer Check-In vibratory pile driving and removal With Construction Crew activities. better understanding of: (1) Action or Based on our evaluation of the environment (e.g., source Each day prior to commencing pile applicant’s planned measures, as well as characterization, propagation, ambient driving activities, the lead NMFS other measures considered by NMFS, noise); (2) affected species (e.g., life approved Protected Species Observer history, dive patterns); (3) co-occurrence NMFS has determined that the planned (PSO) will conduct a radio check with of marine mammal species with the mitigation measures provide the means the construction foreman or action; or (4) biological or behavioral of effecting the least practicable impact superintendent to confirm the activities context of exposure (e.g., age, calving or on the affected species or stocks and and zones to be monitored that day. The their habitat, paying particular attention feeding areas); construction foreman and lead PSO will to rookeries, mating grounds, and areas D Individual marine mammal maintain radio communications of similar significance. responses (behavioral or physiological) to acoustic stressors (acute, chronic, or throughout the day so that the PSOs Monitoring and Reporting cumulative), other stressors, or may be alerted to any changes in the In order to issue an IHA for an cumulative impacts from multiple planned construction activities and activity, Section 101(a)(5)(D) of the stressors; zones to be monitored.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27283

Pre-Activity Monitoring between uses of the pile driving Inlet) and positioned to be able to view equipment is no more than 30 min. south towards the project site; PSO #3: Prior to the start of daily in-water Monitoring will be conducted by Stationed across Icy Strait north of the construction activity, or whenever a PSOs from on land and from a vessel. project site (on the mainland or the break in pile driving of 30 min or longer The number of PSOs will vary from Porpoise Islands) and positioned to be occurs, PSOs will observe the shutdown three to four, depending on the type of able to view west into Icy Strait and and monitoring zones for a period of 30 pile driving, method of pile driving and southwest towards the project site; and min. The shutdown zone will be cleared size of pile, all of which determines the PSO #4: Stationed on a vessel traveling when a marine mammal has not been size of the harassment zones. a circuitous route through the Level B observed within the zone for that 30- Monitoring locations will be selected to monitoring zone. min period. If a marine mammal is provide an unobstructed view of all In addition, PSOs will work in shifts observed within the shutdown zone, water within the shutdown zone and as lasting no longer than 4 hours with at pile driving activities will not begin much of the Level B harassment zone as least a 1-hour break between shifts, and until the animal has left the shutdown possible for pile driving activities. Three will not perform duties as a PSO for zone or has not been observed for 15 PSOs will monitor during all impact more than 12 hours in a 24-hour period min. If the Level B Harassment pile driving activity at the lightering (to reduce PSO fatigue). Monitoring Zone has been observed for float project site. Three PSOs will Monitoring of pile driving shall be 30 min and no marine mammals (for monitor during all impact pile driving conducted by qualified, NMFS- which take has not been authorized) are activities at the Berth II project site. approved PSOs, who shall have no other present within the zone, work can Three PSOs will monitor during assigned tasks during monitoring continue even if visibility becomes vibratory pile driving of 24-in and 30- periods. DPD shall adhere to the impaired within the Monitoring Zone. in steel piles. Four PSOs will monitor following conditions when selecting When a marine mammal permitted for during vibratory pile driving of 36-in PSOs: Level B harassment take has been and 42-in steel piles and during all D Independent PSOs shall be used permitted is present in the Monitoring socketing/rock anchoring activities. (i.e., not construction personnel); zone, piling activities may begin and Three PSOs will monitor during all D At least one PSO must have prior Level B harassment take will be pile driving activities at the lightering experience working as a marine recorded. float project site, with locations as mammal observer during construction follows: PSO #1: Stationed at or near the activities; Monitoring Zones site of pile driving; PSO #2: Stationed D Other PSOs may substitute DPD will establish and observe on Long Island (southwest of Hoonah in education (degree in biological science monitoring zones for Level B Port Frederick Inlet) and positioned to or related field) or training for harassment as presented in Table 8. The be able to view west into Port Frederick experience; monitoring zones for this project are Inlet and north towards the project area; D Where a team of three or more PSOs areas where SPLs are equal to or exceed and PSO #3: Stationed on a vessel are required, a lead observer or traveling a circuitous route through the 120 dB rms (for vibratory pile driving/ monitoring coordinator shall be Level B harassment monitoring zone. removal and socketing/rock anchoring) designated. The lead observer must have Three PSOs will monitor during all and 160 dB rms (for impact pile prior experience working as a marine impact pile driving activities at the driving). These zones provide utility for mammal observer during construction; Berth II project site, with locations as monitoring conducted for mitigation and follows: PSO #1: Stationed at or near the D purposes (i.e., shutdown zone DPD shall submit PSO CVs for site of pile driving; PSO #2: Stationed monitoring) by establishing monitoring approval by NMFS for all observers on Halibut Island (northwest of the protocols for areas adjacent to the prior to monitoring. project site in Port Frederick Inlet) and DPD shall ensure that the PSOs have shutdown zones. Monitoring of the positioned to be able to view east the following additional qualifications: Level B harassment zones enables towards Icy Strait and southeast towards D Visual acuity in both eyes observers to be aware of and the project area; and PSO #3: Stationed (correction is permissible) sufficient for communicate the presence of marine on a vessel traveling a circuitous route discernment of moving targets at the mammals in the project area, but through the Level B monitoring zone. water’s surface with ability to estimate outside the shutdown zone, and thus Three PSOs will monitoring during target size and distance; use of prepare for potential shutdowns of vibratory pile driving of 24- and 30-in binoculars may be necessary to correctly activity. steel piles at the Berth II project site, identify the target; Visual Monitoring with locations as follows PSO #1: D Experience and ability to conduct Stationed at or near the site of pile field observations and collect data Monitoring would be conducted 30 driving; PSO #2: Stationed on Scraggy according to assigned protocols; min before, during, and 30 min after all Island (northwest of the project site in D Experience or training in the field pile driving/removal and socking/rock Port Frederick Inlet) an positioned to be identification of marine mammals, anchoring activities. In addition, PSO able to view south towards the project including the identification of shall record all incidents of marine area; and PSO#3: Stationed on a vessel behaviors; mammal occurrence, regardless of traveling a circuitous route through the D Sufficient training, orientation, or distance from activity, and shall Level B harassment monitoring zone. experience with the construction document any behavioral reactions in Four PSOs will monitor during operation to provide for personal safety concert with distance from piles being vibratory pile driving of 36-in and 42- during observations; driven/removed or during socketing and in steel piles and during all socketing/ D Writing skills sufficient to prepare a rock anchoring. Pile driving/removal rock anchoring activities with locations report of observations including but not and socketing/anchoring activities as follows: PSO #1: Stationed at or near limited to the number and species of include the time to install, remove, or the site of pile driving; PSO #2: marine mammals observed; dates and socket/rock anchor a single pile or series Stationed on Hoonah Island (northwest times when in-water construction of piles, as long as the time elapsed of the project site in Port Frederick activities were conducted; dates, times,

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27284 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

and reason for implementation of above. Activities may continue while D Water conditions in each mitigation (or why mitigation was not NMFS reviews the circumstances of the monitoring period (e.g., sea state, tide implemented when required); and incident. NMFS will work with DPD to state); marine mammal behavior; determine whether additional D For each marine mammal sighting: D Ability to communicate orally, by mitigation measures or modifications to Æ Species, numbers, and, if possible, radio or in person, with project the activities are appropriate. sex and age class of marine mammals; Æ personnel to provide real-time In the event that DPD discovers an Description of any observable information on marine mammals injured or dead marine mammal, and marine mammal behavior patterns, observed in the area as necessary; and the lead observer determines that the including bearing and direction of travel D Sufficient training, orientation, or and distance from pile driving activity; injury or death is not associated with or Æ experience with the construction related to the specified activities (e.g., Type of construction activity that operations to provide for personal safety previously wounded animal, carcass was taking place at the time of sighting; Æ Location and distance from pile during observations. with moderate to advanced driving activities to marine mammals decomposition, or scavenger damage), Notification of Intent To Commence and distance from the marine mammals DPD must report the incident to the Construction to the observation point; Office of Protected Resources, NMFS, Æ If shutdown was implemented, DPD shall inform NMFS OPR and the and the Alaska Region Stranding behavioral reactions noted and if they NMFS Alaska Region Protected Coordinator, NMFS, within 24 hours of occurred before or after shutdown. Resources Division one week prior to the discovery. commencing construction activities. Æ Estimated amount of time that the Interim Monthly Reports animals remained in the Level A or B Reporting of Injured or Dead Marine Harassment Zone. Mammals During construction, DPD will submit D Description of implementation of In the unanticipated event that the brief, monthly reports to the NMFS mitigation measures within each planned activity clearly causes the take Alaska Region Protected Resources monitoring period (e.g., shutdown or of a marine mammal in a manner Division that summarize PSO delay); prohibited by the IHA, such as serious observations and recorded takes. D Other human activity in the area injury, or mortality, DPD must Monthly reporting will allow NMFS to within each monitoring period. immediately cease the specified track the amount of take (including D A summary of the following: activities and report the incident to the extrapolated takes), to allow reinitiation Æ Total number of individuals of each NMFS Office of Protected Resources and of consultation in a timely manner, if species detected within the Level B the Alaska Region Stranding necessary. The monthly reports will be Harassment Zone, and estimated as Coordinator. The report must include submitted by email to a NMFS taken if correction factor appropriate. the following information: representative. The reporting period for Æ Total number of individuals of each D Time and date of the incident; each monthly PSO report will be the species detected within the Level A D Description of the incident; entire calendar month, and reports will Harassment Zone and the average D Environmental conditions (e.g., be submitted by close of business on the amount of time that they remained in wind speed and direction, Beaufort sea fifth day of the month following the end that zone. state, cloud cover, and visibility); of the reporting period (e.g., the Æ Daily average number of D Description of all marine mammal monthly report covering September 1– individuals of each species observations and active sound source 30, 2019, would be submitted to the (differentiated by month as appropriate) use in the 24 hours preceding the NMFS by close of business on October detected within the Level B Harassment incident; 5, 2019). Zone, and estimated as taken, if D appropriate. Species identification or description Final Report of the animal(s) involved; Negligible Impact Analysis and D Fate of the animal(s); and DPD shall submit a draft report to Determination D Photographs or video footage of the NMFS no later than 90 days following animal(s). the end of construction activities or 60 NMFS has defined negligible impact Activities must not resume until days prior to the issuance of any as an impact resulting from the NMFS is able to review the subsequent IHA for the project. DPD specified activity that cannot be circumstances of the prohibited take. shall provide a final report within 30 reasonably expected to, and is not NMFS will work with DPD to determine days following resolution of NMFS’ reasonably likely to, adversely affect the what measures are necessary to comments on the draft report. Reports species or stock through effects on minimize the likelihood of further shall contain, at minimum, the annual rates of recruitment or survival prohibited take and ensure MMPA following: (50 CFR 216.103). A negligible impact compliance. DPD may not resume their D Date and time that monitored finding is based on the lack of likely activities until notified by NMFS. activity begins and ends for each day adverse effects on annual rates of In the event DPD discovers an injured conducted (monitoring period); recruitment or survival (i.e., population- or dead marine mammal, and the lead level effects). An estimate of the number D observer determines that the cause of Construction activities occurring of takes alone is not enough information the injury or death is unknown and the during each daily observation period, on which to base an impact death is relatively recent (e.g., in less including how many and what type of determination. In addition to than a moderate state of decomposition), piles driven; considering estimates of the number of DPD must immediately report the D Deviation from initial proposal in marine mammals that might be ‘‘taken’’ incident to the Office of Protected pile numbers, pile types, average through harassment, NMFS considers Resources, NMFS, and the Alaska driving times, etc.; other factors, such as the likely nature Region Stranding Coordinator, NMFS. D Weather parameters in each of any responses (e.g., intensity, The report must include the same monitoring period (e.g., wind speed, duration), the context of any responses information as the bullets described percent cloud cover, visibility); (e.g., critical reproductive time or

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27285

location, migration), as well as effects driven and the steel template used to D No mortality is anticipated or on habitat, and the likely effectiveness hold the pile in place. The contractor authorized; of the mitigation. We also assess the will use high-density polyethylene D Anticipated incidents of Level A number, intensity, and context of (HDPE) or ultra-high-molecular- weight harassment are very small in number estimated takes by evaluating this polyethylene (UHMW) softening and would consist of no more than a information relative to population material on all templates to eliminate small degree of PTS; status. Consistent with the 1989 steel on steel noise generation. D Anticipated incidents of Level B preamble for NMFS’s implementing During all impact driving, harassment consist of, at worst, regulations (54 FR 40338; September 29, implementation of soft start procedures temporary modifications in behavior; 1989), the impacts from other past and and monitoring of established shutdown and ongoing anthropogenic activities are zones will be required, significantly D There are no rookeries, or other incorporated into this analysis via their reducing the possibility of injury. Given known areas or features of special impacts on the environmental baseline sufficient notice through use of soft start significance for foraging or reproduction (e.g., as reflected in the regulatory status (for impact driving), marine mammals in the project area; of the species, population size and are expected to move away from an D Minimal impacts to marine growth rate where known, ongoing irritating sound source prior to it mammal habitat are expected; sources of human-caused mortality, or becoming potentially injurious. In D The action area is located and ambient noise levels). addition, PSOs will be stationed within within an active marine commercial and As stated in the mitigation section, the action area whenever pile driving/ tourist area; shutdown zones that are larger than the removal and socketing/rock anchoring D The required mitigation measures Level A harassment zones will be activities are underway. Depending on (i.e. shutdown zones and pile caps) are implemented in the majority of the activity, DDP will employ the use of expected to be effective in reducing the construction days, which, in three to four PSOs to ensure all effects of the specified activity. combination with the fact that the zones monitoring and shutdown zones are Based on the analysis contained are so small to begin with, is expected properly observed. Although the herein of the likely effects of the avoid the likelihood of Level A expansion of Berth facilities would have specified activity on marine mammals harassment for seven of the nine some permanent removal of habitat and their habitat, and taking into species. For the other two species available to marine mammals, the area consideration the implementation of the (harbor seals and harbor porpoises), a lost would be small, approximately planned monitoring and mitigation small amount of Level A harassment has equal to the area of the cruise ship berth measures, NMFS finds that the total been conservatively authorized because and associated pile placements. The marine mammal take from the planned the Level A harassment zones are larger planned design would not impede activity will have a negligible impact on than the planned shutdown zones. migration of marine mammals through all affected marine mammal species or However, we expect, given the relatively the planned action area. The small stocks. short duration of the sound source lightering facility nearer to the cannery Small Numbers (minutes a day during impact pile would likely not impact any marine driving) that these animals may mammal habitat since its planned As noted above, only small numbers potentially be exposed to, could result location is in between two existing, of incidental take may be authorized in only a small degree of PTS that heavily-traveled docks, and within an under Section 101(a)(5)(D) of the MMPA would impact the fitness of any active marine commercial and tourist for specified activities other than individual animals. area. There are no known pinniped military readiness activities. The MMPA Exposures to elevated sound levels haulouts or other biologically important does not define small numbers and so, produced during pile driving activities areas for marine mammals near the in practice, where estimated numbers may cause behavioral responses by an action area. are available, NMFS compares the animal, but they are expected to be mild In addition, impacts to marine number of individuals taken to the most and temporary. Effects on individuals mammal prey species are expected to be appropriate estimation of abundance of that are taken by Level B harassment, on minor and temporary. Overall, the area the relevant species or stock in our the basis of reports in the literature as impacted by the project is very small determination of whether an well as monitoring from other similar compared to the available habitat authorization is limited to small activities, will likely be limited to around Hoonah. The most likely impact numbers of marine mammals. reactions such as increased swimming to prey will be temporary behavioral Additionally, other qualitative factors speeds, increased surfacing time, or avoidance of the immediate area. During may be considered in the analysis, such decreased foraging (if such activity were pile driving/removal and socketing/rock as the temporal or spatial scale of the occurring) (e.g., Thorson and Reyff, anchoring activities, it is expected that activities. 2006; Lerma, 2014). Most likely, fish and marine mammals would The authorized take for six of the nine individuals will simply move away temporarily move to nearby locations marine mammal stocks comprises less from the sound source and be and return to the area following than five percent of the stock temporarily displaced from the areas of cessation of in-water construction abundance. For Alaska resident, pile driving, although even this reaction activities. Therefore, indirect effects on northern resident and transient killer has been observed primarily only in marine mammal prey during the whales, the number of instances of take association with impact pile driving. construction are not expected to be as compared to the stock abundance are These reactions and behavioral changes substantial. 19.9 percent, 19.9, and 20.2 percent, are expected to subside quickly when In summary and as described above, respectively. However, since three the exposures cease. the following factors primarily support stocks of killer whales could occur in To minimize noise during pile our determination that the impacts the action area, the 570 total killer driving, DPC will use pile caps (pile resulting from this activity are not whale takes are likely split among the softening material). Much of the noise expected to adversely affect the species three stocks. Nonetheless, since NMFS generated during pile installation comes or stock through effects on annual rates does not have a good way to predict from contact between the pile being of recruitment or survival: exactly how take will be split, NMFS

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27286 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

looked at the most conservative SolsticeAK, and the HIA were held to case with the Alaska Regional Office scenario, which is that all 570 takes discuss tribal concerns regarding (AKRO) whenever we propose to could potentially be distributed to each subsistence impacts. The tribe authorize take for endangered or of the three stocks. This is a highly confirmed that Steller sea lions and threatened species. unlikely scenario to occur and the harbor seals are harvested in and around NMFS is authorizing take of Mexico percentages of each stock taken are the project area. The HIA referenced the DPS humpback whales, which are listed predicted to be significantly lower. 2012 subsistence technical paper by and Western DPS Steller sea lions under Further, these percentages do not take Wolf et al. (2013) as the most recent the ESA. The Permit and Conservation into consideration that some number of information available on marine Division completed a Section 7 these take instances are likely repeat mammal harvesting in Hoonah and consultation with the Alaska Regional takes incurred by the same individuals, agreed that the planned construction Office for the issuance of this IHA. The thereby lowering the number of activities are unlikely to have significant Alaska Regional Office’s biological individuals. impacts to marine mammals as they are opinion states that the action is not There are no official stock abundances used in subsistence applications. likely to jeopardize the continued for harbor porpoise and minke whales; Information on the timing of the IHA existence of Western DPS Steller sea however, as discussed in greater detail issuance was provided by DPD via email lions or Mexico DPS humpback whales. in the ‘‘Description of Marine Mammals to the tribe on October 23, 2018. There Authorization in the Area of Specified Activities,’’ we have been no further comments on this believe for the abundance information project. As a result of these determinations, that is available, the estimated takes are Therefore, we believe there are no NMFS authorizes an IHA to DPD for likely small percentages of the stock relevant subsistence uses of the affected conducting pile driving and removal abundance. For harbor porpoise, the marine mammal stocks or species activities for the construction of the abundance for the Southeast Alaska implicated by this action. NMFS has Hoonah Berth II cruise ship terminal stock is likely more represented by the determined that the total taking of and lightering float, Icy Strait, Hoonah aerial surveys that were conducted as affected species or stocks would not Alaska provided the previously these surveys had better coverage and have an unmitigable adverse impact on mentioned mitigation, monitoring, and were corrected for observer bias. Based the availability of such species or stocks reporting requirements are incorporated. on this data, the estimated take could for taking for subsistence purposes. Dated: June 6, 2019. potentially be approximately 17 percent National Environmental Policy Act Donna S. Wieting, of the stock abundance. However, this is To comply with the National Director, Office of Protected Resources, unlikely and the percentage of the stock National Marine Fisheries Service. taken is likely lower as the take Environmental Policy Act of 1969 [FR Doc. 2019–12318 Filed 6–11–19; 8:45 am] estimates are conservative and the (NEPA; 42 U.S.C. 4321 et seq.) and project occurs in a small footprint NOAA Administrative Order (NAO) BILLING CODE 3510–22–P compared to the available habitat in 216–6A, NMFS must review our proposed action (i.e., the issuance of an Southeast Alaska. For minke whales, in DEPARTMENT OF COMMERCE the northern part of their range they are incidental harassment authorization) believed to be migratory and so few with respect to potential impacts on the National Oceanic and Atmospheric minke whales have been seen during human environment. This action is Administration three offshore Gulf of Alaska surveys consistent with categories of activities that a population estimate could not be identified in Categorical Exclusion B4 RIN 0648–XH002 (incidental harassment authorizations determined. With only nine planned Schedules for Atlantic Shark with no anticipated serious injury or takes for this species, the percentage of Identification Workshops and Safe mortality) of the Companion Manual for take in relation to the stock abundance Handling, Release, and Identification NOAA Administrative Order 216–6A, is likely to be very small. Workshops Based on the analysis contained which do not individually or herein of the planned activity (including cumulatively have the potential for AGENCY: National Marine Fisheries the mitigation and monitoring significant impacts on the quality of the Service (NMFS), National Oceanic and measures) and the anticipated take of human environment and for which we Atmospheric Administration (NOAA), marine mammals, NMFS finds that have not identified any extraordinary Commerce. small numbers of marine mammals will circumstances that would preclude this ACTION: Notice of public workshops. be taken relative to the population size categorical exclusion. Accordingly, of the affected species or stocks. NMFS has determined that the issuance SUMMARY: Free Atlantic Shark of the IHA qualifies to be categorically Identification Workshops and Safe Unmitigable Adverse Impact Analysis excluded from further NEPA review. Handling, Release, and Identification and Determination Workshops will be held in July, August, In September 2018, DPD contacted the Endangered Species Act (ESA) and September of 2019. Certain Indigenous People’s Council for Marine Section 7(a)(2) of the Endangered fishermen and shark dealers are Mammals (IPCoMM), the Alaska Sea Species Act of 1973 (ESA: 16 U.S.C. required to attend a workshop to meet Otter and Steller Sea Lion Commission, 1531 et seq.) requires that each Federal regulatory requirements and to maintain and the Hoonah Indian Association agency insure that any action it valid permits. Specifically, the Atlantic (HIA) to determine potential project authorizes, funds, or carries out is not Shark Identification Workshop is impacts on local subsistence activities. likely to jeopardize the continued mandatory for all federally permitted No comments were received from existence of any endangered or Atlantic shark dealers. The Safe IPCoMM or the Alaska Sea Otter and threatened species or result in the Handling, Release, and Identification Steller Sea Lion Commission. On destruction or adverse modification of Workshop is mandatory for vessel October 23, 2018, a conference call designated critical habitat. To ensure owners and operators who use bottom between representatives from DPD, ESA compliance for the issuance of longline, pelagic longline, or gillnet Turnagain Marine Construction, IHAs, NMFS consults internally, in this gear, and who have also been issued

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27287

shark or swordfish limited access Only one certificate will be issued to accuracy of species-specific dealer- permits. Additional free workshops will each proxy. A proxy must be a person reported information. Reducing the be conducted during 2019 and will be who is currently employed by a place of number of unknown and improperly announced in a future notice. business covered by the dealer’s permit; identified sharks will improve quota DATES: The Atlantic Shark Identification is a primary participant in the monitoring and the data used in stock Workshops will be held on July 25, identification, weighing, and/or first assessments. These workshops will train August 22, and September 12, 2019. The receipt of fish as they are offloaded from shark dealer permit holders or their Safe Handling, Release, and a vessel; and who fills out dealer proxies to properly identify Atlantic Identification Workshops will be held reports. Atlantic shark dealers are shark carcasses. prohibited from renewing a Federal on July 2, July 10, August 6, August 14, Safe Handling, Release, and shark dealer permit unless a valid September 4, and September 17, 2019. Identification Workshops See SUPPLEMENTARY INFORMATION for Atlantic Shark Identification Workshop further details. certificate for each business location Since January 1, 2007, shark limited- ADDRESSES: The Atlantic Shark that first receives Atlantic sharks has access and swordfish limited-access Identification Workshops will be held in been submitted with the permit renewal permit holders who fish with longline Rosenberg, TX; Bohemia, NY; and application. Additionally, trucks or or gillnet gear have been required to Panama City Beach, FL. The Safe other conveyances that are extensions of submit a copy of their Safe Handling, Handling, Release, and Identification a dealer’s place of business must Release, and Identification Workshop Workshops will be held in Galveston, possess a copy of a valid dealer or proxy certificate in order to renew either TX; Ronkonkoma, NY; Wilmington, NC; Atlantic Shark Identification Workshop permit (71 FR 58057; October 2, 2006). Largo, FL; Warwick, RI; and Panama certificate. These certificate(s) are valid for 3 years. Certificates issued in 2016 will be City, FL. See SUPPLEMENTARY Workshop Dates, Times, and Locations INFORMATION for further details on expiring in 2019. As such, vessel workshop locations. 1. July 25, 2019, 12 p.m.–4 p.m., La owners who have not already attended Quinta Inn, 28332 Southwest Freeway FOR FURTHER INFORMATION CONTACT: Rick a workshop and received a NMFS 59, Rosenberg, TX 77471. Pearson by phone: (727) 824–5399. certificate, or vessel owners whose 2. August 22, 2019, 12 p.m.–4 p.m., La certificate(s) will expire prior to the next SUPPLEMENTARY INFORMATION: The Quinta Inn, 10 Aero Road, Bohemia, NY permit renewal, must attend a workshop workshop schedules, registration 11716. information, and a list of frequently to fish with, or renew, their swordfish 3. September 12, 2019, 12 p.m.–4 and shark limited-access permits. asked questions regarding the Atlantic p.m., La Quinta Inn, 17710 West Shark ID and Safe Handling, Release, Additionally, new shark and swordfish Panama City Beach Parkway, Panama limited-access permit applicants who and ID workshops are posted on the City Beach, FL 32413. internet at: https:// intend to fish with longline or gillnet www.fisheries.noaa.gov/atlantic-highly- Registration gear must attend a Safe Handling, migratory-species/atlantic-shark- Release, and Identification Workshop To register for a scheduled Atlantic and submit a copy of their workshop identification-workshops and https:// Shark Identification Workshop, please www.fisheries.noaa.gov/atlantic-highly- certificate before either of the permits contact Eric Sander at ericssharkguide@ will be issued. Approximately 322 free migratory-species/safe-handling-release- yahoo.com or at (386) 852–8588. Pre- and-identification-workshops. Safe Handling, Release, and registration is highly recommended, but Identification Workshops have been Atlantic Shark Identification not required. conducted since 2006. Workshops Registration Materials In addition to certifying vessel Since January 1, 2008, Atlantic shark To ensure that workshop certificates owners, at least one operator on board dealers have been prohibited from are linked to the correct permits, vessels issued a limited-access receiving, purchasing, trading, or participants will need to bring the swordfish or shark permit that uses bartering for Atlantic sharks unless a following specific items to the longline or gillnet gear is required to valid Atlantic Shark Identification workshop: attend a Safe Handling, Release, and Workshop certificate is on the premises • Atlantic shark dealer permit holders Identification Workshop and receive a of each business listed under the shark must bring proof that the attendee is an certificate. Vessels that have been issued dealer permit that first receives Atlantic owner or agent of the business (such as a limited-access swordfish or shark sharks (71 FR 58057; October 2, 2006). articles of incorporation), a copy of the permit and that use longline or gillnet Dealers who attend and successfully applicable permit, and proof of gear may not fish unless both the vessel complete a workshop are issued a identification. owner and operator have valid certificate for each place of business that • Atlantic shark dealer proxies must workshop certificates onboard at all is permitted to receive sharks. These bring documentation from the permitted times. Vessel operators who have not certificate(s) are valid for 3 years. Thus, dealer acknowledging that the proxy is already attended a workshop and certificates that were initially issued in attending the workshop on behalf of the received a NMFS certificate, or vessel 2016 will be expiring in 2019. permitted Atlantic shark dealer for a operators whose certificate(s) will Approximately 160 free Atlantic Shark specific business location, a copy of the expire prior to their next fishing trip, Identification Workshops have been appropriate valid permit, and proof of must attend a workshop to operate a conducted since April 2008. identification. vessel with swordfish and shark Currently, permitted dealers may send limited-access permits that uses a proxy to an Atlantic Shark Workshop Objectives longline or gillnet gear. Identification Workshop. However, if a The Atlantic Shark Identification Workshop Dates, Times, and Locations dealer opts to send a proxy, the dealer Workshops are designed to reduce the must designate a proxy for each place of number of unknown and improperly 1. July 2, 2019, 9 a.m.—5 p.m., business covered by the dealer’s permit identified sharks reported in the dealer DoubleTree Hotel, 1702 Seawall which first receives Atlantic sharks. reporting form and increase the Boulevard, Galveston, TX 77550.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27288 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

2. July 10, 2019, 9 a.m.—5 p.m., regulations on these fisheries in the information is available at the CBP Task Marriott Courtyard, 5000 Express Drive future. Force web page: http:// South, Ronkonkoma, NY 11779. Authority: 16 U.S.C. 1801 et seq. www.westcoast.fisheries.noaa.gov/ 3. August 6, 2019, 9 a.m.—5 p.m., columbia_river/index.html. Dated: June 7, 2019. Hilton Garden Inn, 6745 Rock Spring Matters To Be Considered Road, Wilmington, NC 28405. Alan D. Risenhoover, 4. August 14, 2019, 9 a.m.–5 p.m., Director, Office of Sustainable Fisheries, The meeting time and agenda are Holiday Inn Express, 210 Seminole National Marine Fisheries Service. subject to change. Meeting topics Boulevard, Largo, Florida 33770. [FR Doc. 2019–12407 Filed 6–11–19; 8:45 am] include exploring potential options, 5. September 4, 2019, 9 a.m.–5 p.m., BILLING CODE 3510–22–P strategies, and analytical tools for Hilton Garden Inn, 1 Thurber Street, developing scenarios that assess and Warwick, RI 02886. achieve the provisional quantitative DEPARTMENT OF COMMERCE 6. September 17, 2019, 9 a.m.–5 p.m., goals and the qualitative goals recommended through the phase I work. Hilton Garden Inn, 1101 North U.S. National Oceanic and Atmospheric Highway 231, Panama City, FL 32405. Administration Special Accommodations Registration RIN 0648–XU001 The meeting is physically accessible To register for a scheduled Safe to people with disabilities. Requests for Handling, Release, and Identification Meeting of the Columbia Basin sign language interpretation or other Workshop, please contact Angler Partnership Task Force of the Marine auxiliary aids should be directed to Conservation Education at (386) 682– Fisheries Advisory Committee Katherine Cheney, 503–231–6730, by June 22, 2019. 0158. Pre-registration is highly AGENCY: National Marine Fisheries recommended, but not required. Service (NMFS), National Oceanic and Dated: June 6, 2019. Jennifer L. Lukens, Registration Materials Atmospheric Administration (NOAA), Department of Commerce. Federal Program Officer, Marine Fisheries To ensure that workshop certificates Advisory Committee, National Marine ACTION: are linked to the correct permits, Notice of open public meeting. Fisheries Service. participants will need to bring the SUMMARY: This notice sets forth the [FR Doc. 2019–12363 Filed 6–11–19; 8:45 am] following specific items with them to proposed schedule and agenda of a BILLING CODE 3510–22–P the workshop: forthcoming meeting of the Marine • Individual vessel owners must Fisheries Advisory Committee’s bring a copy of the appropriate (MAFAC’s) Columbia Basin Partnership DEPARTMENT OF COMMERCE swordfish and/or shark permit(s), a copy Task Force (CBP Task Force). The CBP National Oceanic and Atmospheric of the vessel registration or Task Force will discuss the issues Administration documentation, and proof of outlined in the SUPPLEMENTARY identification. INFORMATION below. RIN 0648–XG644–X • Representatives of a business- DATES: The meeting will be held June Takes of Marine Mammals Incidental to owned or co-owned vessel must bring 26, 2019 from 9 a.m. to 5 p.m. PT and Specified Activities; Taking Marine proof that the individual is an agent of on June 27, 2019 from 9 a.m. to 4 p.m. Mammals Incidental to the O’Connell the business (such as articles of PT. incorporation), a copy of the applicable Bridge Lightering Float Pile swordfish and/or shark permit(s), and ADDRESSES: The meeting will be held at Replacement Project in Sitka, Alaska proof of identification. the Historic Davenport Hotel, 10 S Post AGENCY: National Marine Fisheries • Vessel operators must bring proof of St., Spokane, WA 99201; 509–455–8888. Service (NMFS), National Oceanic and identification. FOR FURTHER INFORMATION CONTACT: Katherine Cheney; NFMS West Coast Atmospheric Administration (NOAA), Workshop Objectives Region; 503–231–6730; email: Commerce. The Safe Handling, Release, and [email protected]. ACTION: Notice; issuance of an incidental Identification Workshops are designed SUPPLEMENTARY INFORMATION: Notice is harassment authorization. to teach longline and gillnet fishermen hereby given of a meeting of MAFAC’s SUMMARY: In accordance with the the required techniques for the safe CBP Task Force. The MAFAC was regulations implementing the Marine handling and release of entangled and/ established by the Secretary of Mammal Protection Act (MMPA) as or hooked protected species, such as sea Commerce (Secretary) and, since 1971, amended, notification is hereby given turtles, marine mammals, and advises the Secretary on all living that NMFS has issued an incidental smalltooth sawfish, and prohibited marine resource matters that are the harassment authorization (IHA) to the sharks. In an effort to improve reporting, responsibility of the Department of City and Borough of Sitka (CBS) to the proper identification of protected Commerce. The MAFAC charter and incidentally harass, by Level B species and prohibited sharks will also meeting information are located online harassment only, marine mammals be taught at these workshops. at https://www.fisheries.noaa.gov/topic/ during the O’Connell Bridge Lightering Additionally, individuals attending partners#marine-fisheries-advisory- Float Pile Replacement Project in Sitka, these workshops will gain a better committee-. The CBP Task Force reports Alaska. understanding of the requirements for to MAFAC and is being convened to participating in these fisheries. The develop recommendations for long-term DATES: This Authorization is effective overall goal of these workshops is to goals to meet Columbia Basin salmon from June 1, 2019 through May 31, provide participants with the skills recovery, conservation needs, and 2020. needed to reduce the mortality of harvest opportunities, in the context of FOR FURTHER INFORMATION CONTACT: Rob protected species and prohibited sharks, habitat capacity and other factors that Pauline, Office of Protected Resources, which may prevent additional affect salmon mortality. More NMFS, and (301) 427–8401. Electronic

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27289

copies of the application and supporting nor NMFS expects serious injury or marine-mammal-protection/incidental- documents, as well as a list of the mortality to result from this activity take-authorizations-construction- references cited in this document, may and, therefore, an IHA is appropriate. activities. The Commission be obtained online at: https:// recommended that NMFS issue the IHA, Description of Specified Activity www.fisheries.noaa.gov/permit/ subject to inclusion of the proposed incidental-take-authorizations-under- Overview mitigation, monitoring, and reporting marine-mammal-protection-act. In case CBS is repairing the O’Connell Bridge measures. Comment 1: The Commission of problems accessing these documents, Lightering Float (float) located in Sitka recommended that NMFS refrain from please call the contact listed above. Sound in Southeast Alaska. The implementing its renewal process and SUPPLEMENTARY INFORMATION: applicant plans to remove existing piles instead use abbreviated Federal Register and replace them with piles that are Background notices, reference existing documents, more deeply socketed so that the float The MMPA prohibits the ‘‘take’’ of and provide a 30-day public comment can accommodate larger vessels marine mammals, with certain period in order to streamline the including yachts, fish processors, and exceptions. Sections 101(a)(5)(A) and incidental harassment authorization research vessels. Existing piles are not (D) of the MMPA (16 U.S.C. 1361 et process. The Commission further seq.) direct the Secretary of Commerce socketed deep enough to provide proper recommended that if NMFS did not (as delegated to NMFS) to allow, upon stability to safely support these vessels. pursue a more general route, NMFS request, the incidental, but not Additionally, the float was damaged should provide the Commission and the intentional, taking of small numbers of during a storm in June of 2017, and the public with a legal analysis supporting marine mammals by U.S. citizens who existing piles are now leaning. This its conclusion that the process is engage in a specified activity (other than project will replace the existing piles consistent with the requirements under commercial fishing) within a specified with new piles that are socketed deeper section 101(a)(5)(D) of the MMPA. geographical region if certain findings into the ocean floor. Once the piles are Response 1: The notice of the are made and either regulations are replaced, the float will safely proposed IHA expressly notifies the issued or, if the taking is limited to accommodate these larger vessels. public that under certain, limited harassment, a notice of a proposed Vibratory pile removal, vibratory pile conditions an applicant could seek a incidental take authorization may be driving, impact pile driving, and renewal IHA for an additional year. The provided to the public for review. drilling will introduce sound into notice describes the conditions under Authorization for incidental takings nearby waters at levels that could result which such a renewal request could be shall be granted if NMFS finds that the in behavioral harassment of marine considered and expressly seeks public taking will have a negligible impact on mammals. comment in the event such a renewal is the species or stock(s) and will not have A detailed description of the planned sought. Additional reference to this an unmitigable adverse impact on the O’Connell Bridge project is provided in solicitation of public comment has availability of the species or stock(s) for the Federal Register notice for the recently been added at the beginning of taking for subsistence uses (where proposed IHA (84 FR 7023; March 1, Federal Register notices that consider relevant). Further, NMFS must prescribe 2019). Pile removal and installation is renewals. NMFS appreciates the the permissible methods of taking and expected to occur for a total of streamlining achieved by the use of other means of effecting the least approximately 13 hours over 3 days and abbreviated Federal Register notices practicable adverse impact on the is scheduled to take place in June 2019. and intends to continue using them for affected species or stocks and their As a contingency, the IHA is effective proposed IHAs that include minor habitat, paying particular attention to for a period of one year, from June 1, changes from previously issued IHAs, rookeries, mating grounds, and areas of 2019 through May 31, 2020. Since that but which do not satisfy the renewal similar significance, and on the time, no changes have been made to the requirements. However, we believe our availability of such species or stocks for planned project activities. Therefore, a method for issuing renewals meets taking for certain subsistence uses detailed description is not provided statutory requirements and maximizes (referred to in shorthand as mitigation); here. Please refer to that Federal efficiency. Importantly, such renewals and requirements pertaining to the Register notice for the description of the would be limited to where the activities mitigation, monitoring and reporting of specific activity. are identical or nearly identical to those analyzed in the proposed IHA, such takings are set forth. Comments and Responses monitoring does not indicate impacts Summary of Request A notice of NMFS’ proposal to issue that were not previously analyzed and On November 18, 2018, NMFS an IHA to CBS was published in the authorized, and the mitigation and received a request from CBS for an IHA Federal Register on March 1, 2019 (84 monitoring requirements remain the to take marine mammals incidental to FR 7023). That notice described, in same, all of which allow the public to pile driving and removal activities detail, CBS’s activity, the marine comment on the appropriateness and associated with the O’Connell Bridge mammal species that may be affected by effects of a renewal at the same time the Lightering Float Pile Replacement the activity, the anticipated effects on public provides comments on the initial Project in Sitka, Alaska. The application marine mammals and their habitat, IHA. was deemed adequate and complete on proposed amount and manner of take, Regarding the sufficiency of the February 5, 2019. CBS’s request is for and proposed mitigation, monitoring public comment period, NMFS has take of small numbers of humpback and reporting measures. On March 18, taken a number of steps to ensure the whale (Megaptera novaeangliae), minke 2019, NMFS received a comment letter public has adequate notice, time, and whale (Balaenoptera acutorostrata), from the Marine Mammal Commission information to be able to comment killer whale (Orcinus orca), harbor (Commission); the Commission’s effectively on renewal IHAs within the porpoise (Phocoena phocoena), harbor recommendations and our responses are limitations of processing IHA seal (Phoca vitulina), and Steller sea provided here, and the comments have applications efficiently. The Federal lion (Eumetopias jubatus) by Level A been posted online at: https:// Register notice for the proposed initial and Level B harassment. Neither CBS www.fisheries.noaa.gov/national/ IHA had previously identified the

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27290 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

conditions under which a one-year before any renewal is issued utilizing marine mammal stock while allowing renewal IHA might be appropriate. This the new process. that stock to reach or maintain its optimum sustainable population (as information is presented in the Request Description of Marine Mammals in the for Public Comments section and thus Area of Specified Activities described in NMFS’s SARs). While no encourages submission of comments on mortality is anticipated or authorized the potential of a one-year renewal as Sections 3 and 4 of the application here, PBR and annual serious injury and summarize available information well as the initial IHA during the 30-day mortality from anthropogenic sources regarding status and trends, distribution comment period. In addition, when we are included here as gross indicators of and habitat preferences, and behavior receive an application for a renewal the status of the species and other and life history, of the potentially threats. IHA, we will publish notice of the affected species. Additional information proposed renewal IHA in the Federal regarding population trends and threats Marine mammal abundance estimates Register and provide an additional 15 may be found in NMFS’s Stock presented in this document represent days for public comment, making a total Assessment Reports (SAR; https:// the total number of individuals that of 45 days of public comment. We will www.fisheries.noaa.gov/national/ make up a given stock or the total also directly contact all commenters on marine-mammal-protection/marine- number estimated within a particular the initial IHA by email, phone, or, if mammal-stock-assessments) and more study or survey area. NMFS’ stock the commenter did not provide email or general information about these species abundance estimates for most species phone information, by postal service to (e.g., physical and behavioral represent the total estimate of provide them the opportunity to submit descriptions) may be found on NMFS’s individuals within the geographic area, any additional comments on the website (https:// if known, that comprises that stock. For proposed renewal IHA. www.fisheries.noaa.gov/find-species). some species, this geographic area may Table 1 lists all species with expected extend beyond U.S. waters. All managed NMFS has also modified the language potential for occurrence near the project stocks in this region are assessed in for future IHAs to clarify that all IHAs, area and summarizes information NMFS’ U.S. Alaska SARs (e.g., Muto et including renewal IHAs, are valid for no related to the population or stock, al. 2018). All values presented in Table more than one year and that the agency including regulatory status under the 1 are the most recent available at the would consider only one renewal for a MMPA and ESA and potential time of publication and are available in project at this time. In addition, notice biological removal (PBR), where known. the 2017 SARs (Muto et al. 2018) and of issuance or denial of a renewal IHA For taxonomy, we follow Committee on draft 2018 SARs (available online at: would be published in the Federal Taxonomy (2018). PBR is defined by the https://www.fisheries.noaa.gov/ Register, as are all IHAs. Last, NMFS MMPA as the maximum number of national/marine-mammal-protection/ has published on our website a animals, not including natural draft-marine-mammal-stock- description of the renewal process mortalities, that may be removed from a assessment-reports) TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT WITHIN SITKA SOUND DURING THE SPECIFIED ACTIVITY

ESA/ MMPA Stock abundance Common name Scientific name Stock status; (CV, N , most recent PBR Annual min M/SI 3 strategic abundance survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Balaenidae: Humpback whale ...... Megaptera novaeangliae ...... Central North Pacific ...... -, -, Y 10,103 (0.3, 7,891, 2006) ...... 83 26 Minke whale ...... Balaenoptera acutorostrata ... Alaska ...... -, -, N N/A (See SAR), N/A, See SAR .. UND 0

Superfamily Odontoceti (toothed whales, dolphins, and porpoises)

Family Delphinidae: Killer whale ...... Orcinus orca ...... Alaska Resident ...... -, -, N 2,347 (N/A, 2,347, 2012) 4 ...... 24 1 Northern Resident ...... -, -, N 261 (N/A, 261, 2011) 4 ...... 1.96 0 Gulf of Alaska, Aleutian -, -, N 587 (N/A, 587, 2012) 4 ...... 5.87 1 Islands, Bering Sea Transient. West Coast Transient ...... -, -, N 243 (N/A, 243, 2009) 4 ...... 2.4 0 Family Phocoenidae (porpoises): Harbor porpoise ...... Phocoena phocoena ...... Southeast Alaska ...... -, -, Y 975 (0.12–0.14, 897, 2012) 5 ..... 8.9 34

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Western U.S ...... E, D, Y 54,267 (N/A, 54,267, 2017) ...... 326 252 Eastern U.S ...... -, D, Y 41,638 (N/A, 41,638, 2015) ...... 2498 108 Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina richardii ...... Sitka/Chatham Strait ...... -, -, N 14,855 (N/A, 13,212, 2011) ...... 555 77 1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (N/A). 3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mor- tality due to commercial fisheries is presented in some cases. 4 N is based on counts of individual animals identified from photo-identification catalogs.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27291

5 In the SAR for harbor porpoise, NMFS identified population estimates and PBR for porpoises within inland southeast Alaska waters (these abundance estimates have not been corrected for g(0); therefore, they are likely conservative).

A detailed description of the of the of behavioral patterns, including, but source (e.g., frequency, predictability, species likely to be affected by the not limited to, migration, breathing, duty cycle), the environment (e.g., O’Connell Bridge project, including nursing, breeding, feeding, or sheltering bathymetry), and the receiving animals brief introductions to the species and (Level B harassment). (hearing, motivation, experience, relevant stocks as well as available Authorized takes would be by Level B demography, behavioral context) and information regarding population trends harassment, in the form of disruption of can be difficult to predict (Southall et and threats, and information regarding behavioral patterns for individual al., 2007, Ellison et al., 2012). Based on local occurrence, were provided in the marine mammals resulting from what the available science indicates and Federal Register notice for the proposed exposure to impact and vibratory the practical need to use a threshold IHA (84 FR 7023; March 1, 2019); since hammers and down-the-hole drilling. based on a factor that is both predictable Limited take by Level A harassment, in that time, we are not aware of any and measurable for most activities, the form of permanent threshold shift changes in the status of these species NMFS uses a generalized acoustic and stocks; therefore, detailed (PTS) is also authorized for harbor seals. threshold based on received level to descriptions are not provided here. Note that seals would have to remain in estimate the onset of behavioral Please refer to that Federal Register the Level A harassment zone for a long notice for these descriptions. More enough period to incur auditory injury. harassment. NMFS predicts that marine general information about these species As described previously, no mortality mammals are likely to be behaviorally (e.g., physical and behavioral is anticipated or authorized for this harassed in a manner we consider Level descriptions) may be found on NMFS’ activity. Below we describe how the B harassment when exposed to website (https:// take is estimated. underwater anthropogenic noise above www.fisheries.noaa.gov/find-species). Generally speaking, we estimate take received levels of 120 dB re 1 mPa (rms) by considering: (1) Acoustic thresholds for continuous (e.g., vibratory pile- Potential Effects of Specified Activities above which NMFS believes the best driving, drilling) and above 160 dB re 1 on Marine Mammals and Their Habitat available science indicates marine mPa (rms) for non-explosive impulsive Underwater noise from impact and mammals will be behaviorally harassed (e.g., seismic airguns) or intermittent vibratory pile driving and down-the- or incur some degree of permanent (e.g., scientific sonar) sources. CBS’s hole drilling activities associated with hearing impairment; (2) the area or planned activity includes the use of the planned O’Connell Bridge project volume of water that will be ensonified continuous (vibratory pile driving/ has the potential to result in harassment above these levels in a day; (3) the removal and drilling) and impulsive of marine mammals in the vicinity of density or occurrence of marine (impact pile driving) sources, and the action area. The Federal Register mammals within these ensonified areas; therefore the 120 and 160 dB re 1 mPa notice for the proposed IHA (84 FR and, (4) and the number of days of (rms) thresholds are applicable. 7023; March 1, 2019) included a activities. We note that while these discussion of the potential effects of basic factors can contribute to a basic Level A harassment for non-explosive such disturbances on marine mammals calculation to provide an initial sources—NMFS’ Technical Guidance and their habitat, therefore that prediction of takes, additional for Assessing the Effects of information is not repeated in detail information that can qualitatively Anthropogenic Sound on Marine here; please refer to the Federal Register inform take estimates is also sometimes Mammal Hearing (Version 2.0) (NMFS notice (84 FR 7023; March 1, 2019) for available (e.g., previous monitoring 2018) identifies dual criteria to assess that information. results or average group size). Below, we auditory injury (Level A harassment) to describe the factors considered here in five different marine mammal groups Estimated Take more detail and present the calculated (based on hearing sensitivity) as a result This section provides an estimate of take estimate. of exposure to noise from two different the number of incidental takes types of sources (impulsive or non- Acoustic Thresholds authorized through this IHA, which will impulsive). CBS’s planned activity inform both NMFS’ consideration of Using the best available science, includes the use of impulsive (impact ‘‘small numbers’’ and the negligible NMFS has developed acoustic pile driving) and non-impulsive impact determination. thresholds that identify the received (vibratory pile driving/removal and Harassment is the only type of take level of underwater sound above which drilling) sources. expected to result from these activities. exposed marine mammals would be Except with respect to certain activities reasonably expected to be behaviorally These thresholds are provided in the not pertinent here, section 3(18) of the harassed (equated to Level B table below. The references, analysis, MMPA defines ‘‘harassment’’ as: Any harassment) or to incur PTS of some and methodology used in the act of pursuit, torment, or annoyance degree (equated to Level A harassment). development of the thresholds are which (i) has the potential to injure a Level B Harassment for non-explosive described in NMFS 2018 Technical marine mammal or marine mammal sources—Though significantly driven by Guidance, which may be accessed at: stock in the wild (Level A harassment); received level, the onset of behavioral https://www.fisheries.noaa.gov/ or (ii) has the potential to disturb a disturbance from anthropogenic noise national/marine-mammal-protection/ marine mammal or marine mammal exposure is also informed to varying marine-mammal-acoustic-technical- stock in the wild by causing disruption degrees by other factors related to the guidance.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27292 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

TABLE 2—THRESHOLDS IDENTIFYING THE ONSET OF PERMANENT THRESHOLD SHIFT

PTS onset thresholds * Hearing group (received level) Impulsive Non-impulsive

Low-Frequency (LF) Cetaceans ...... Lp,0-pk,flat: 219 dB; LE,p, LF,24h: 183 dB ...... LE,p,LF,24h: 199 dB. Mid-Frequency (MF) Cetaceans ...... Lp,0-pk,flat: 230 dB; LE,p,MF,24h: 185 dB ...... LE,p, MF,24h: 198 dB. High-Frequency (HF) Cetaceans ...... Lp,0-pk,flat: 202 dB; LE,p,HF,24h: 155 dB ...... LE,p, HF,24h: 173 dB. Phocid Pinnipeds (PW) (Underwater) ...... Lp,0-pk.flat: 218 dB; LE,p,PW,24h: 185 dB ...... LE,p,PW,24h: 201 dB. Otariid Pinnipeds (OW) (Underwater) ...... Lp,0-pk,flat: 232 dB; LE,p,OW,24h: 203 dB ...... LE,p,OW,24h: 219 dB. * Dual metric thresholds for impulsive sounds: Use whichever results in the largest isopleth for calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level thresholds associated with impulsive sounds, these thresholds are recommended for consideration. Note: Peak sound pressure level (Lp,0-pk) has a reference value of 1 μPa, and weighted cumulative sound exposure level (LE,p) has a ref- erence value of 1μPa2s. In this table, thresholds are abbreviated to be more reflective of International Organization for Standardization standards (ISO 2017). The subscript ‘‘flat’’ is being included to indicate peak sound pressure are flat weighted or unweighted within the generalized hearing range of marine mammals (i.e., 7 Hz to 160 kHz). The subscript associated with cumulative sound exposure level thresholds indicates the des- ignated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and that the recommended accu- mulation period is 24 hours. The weighted cumulative sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under which these thresholds will be exceeded.

Ensonified Area sources levels from drilling of 24-inch component in the new thresholds, we Here, we describe operational and diameter piles to construct the Kodiak developed a User Spreadsheet that environmental parameters of the activity Ferry Terminal (Denes et al. 2016). includes tools to help predict a simple that will feed into identifying the area Sound pressure level root-mean-square isopleth that can be used in conjunction ensonified above the acoustic (SPL rms) values were used to calculate with marine mammal density or thresholds, which include source levels distance to Level A and B harassment occurrence to help predict takes. We and transmission loss coefficient. isopleths for impact pile driving. The note that because of some of the The sound field in the project area is source levels of 168.2 SEL (for Level A assumptions included in the methods the existing background noise plus harassment) and 181.3 SPL (for Level B used for these tools, we anticipate that additional construction noise from the harassment) are the mean measured isopleths produced are typically going planned project. Marine mammals are levels from the Kodiak Ferry Terminal to be overestimates of some degree, expected to be affected via sound project (Denes et al. 2016). which may result in some degree of generated by the primary components of Transmission loss (TL) is the decrease overestimate of Level A harassment the project (i.e., impact pile driving, in acoustic intensity as an acoustic take. However, these tools offer the best vibratory pile driving and removal and pressure wave propagates out from a way to predict appropriate isopleths down-the-hole drilling). The maximum source. TL parameters vary with when more sophisticated 3D modeling (underwater) ensonified area is frequency, temperature, sea conditions, methods are not available, and NMFS truncated by land masses and largely current, source and receiver depth, continues to develop ways to confined to marine waters within water depth, water chemistry, and quantitatively refine these tools, and Eastern Channel of Sitka Sound, bottom composition and topography. will qualitatively address the output extending approximately 7.7 kilometers The general formula for underwater TL where appropriate. For stationary through Crescent Bay, Middle Channel, is: sources such as pile driving and and into Eastern Channel and TL = B * Log10 (R 1/R 2), drilling, NMFS User Spreadsheet encompassing approximately 7.26 where predicts the closest distance at which, if square kilometers (see Figure 5 in the TL = transmission loss in dB a marine mammal remained at that application). B = transmission loss coefficient; for practical distance the whole duration of the The distances to the Level A and spreading equals 15 activity, it would not incur PTS. Inputs Level B harassment thresholds were R 1 = the distance of the modeled SPL from used in the User Spreadsheet, and the calculated based on source levels from the driven pile, and resulting isopleths are reported in the Naval Base Kitsap at Bangor EHW– R 2 = the distance from the driven pile of the Tables 3 and 4. Note that the distance 1 Pile Replacement Project, in Bangor, initial measurement of source level measurements for Washington (NAVFAC 2012) and the A practical spreading value of 15 is drilling were incorrect in the Federal Kodiak Ferry Terminal Project in often used under conditions, such as at Register notice of proposed IHA as they Kodiak, Alaska (Denes et. al. 2016) for the lightering dock location, where were sourced at 1 meter when they a given activity and pile type (e.g., water increases with depth as the should have been sourced at 10 m. vibratory removal/installation, drilling, receiver moves away from the shoreline, Additionally, we have revised the SL for and impact pile driving of 24-inch resulting in an expected propagation drilling/socketing. Originally, we used diameter steel piles). The vibratory environment that would lie between an average SL of 167.7 dB RMS from source level is proxy from 24-inch steel spherical and cylindrical spreading loss (Denes et al. 2016). However, we piles driven at the Naval Base Kitsap in conditions. Practical spreading loss is recently determined it more appropriate Bangor, Washington (NAVFAC 2012) assumed here. to use the median value (166.2 dB RMS) and from acoustic modeling of When the NMFS Technical Guidance rather than the mean. We also nearshore marine pile driving at Navy (2016) was published, in recognition of determined that we should be using Tab installations in Puget Sound (United the fact that ensonified area/volume A.1 of the User Spreadsheet instead of States Navy 2015). The socketing source could be more technically challenging Tab A for down-the-hole drilling. The level is proxy from mean measured to predict because of the duration drilling associated with Tab A is more

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27293

applicable to off-shore drilling while harassment isopleth associated with socketing has also been updated to Tab A.1 better represents down-the-hole impact pile driving (160 dB) and reflect the use of a SL of 166.2 dB RMS. drilling. vibratory pile driving/removal and Updated values are provided in Table drilling (120 dB). The Level B 4 which presents the Level B harassment isopleth for drilling

TABLE 3—USER SPREADSHEET INPUT PARAMETERS USED FOR CALCULATING HARASSMENT ISOPLETHS

Vibratory driving Drilling/socketing Impact driving Spreadsheet tab used (E.1) Impact pile driving (A.1) Vibratory driving—stationary (A.1) Vibratory driving—stationary (stationary source: source: Non-impulsive, continuous source: Non-impulsive, continuous Impulsive, intermittent

Source Level (dB) ...... 161 RMS SPL ...... 166.2 RMS SPL ...... 168.2 SEL. Weighting Factor Adjustment (kHz) 2.5 ...... 2 ...... 2. (a) Number of piles in 24-hr ...... 12 ...... n/a ...... 6. (b) Number of strikes/pile ...... n/a ...... n/a ...... 5. (c) Duration of sound (hours) within n/a ...... 6 ...... n/a. 24-h period. (d) Duration of drive single pile 5 ...... n/a ...... n/a. (minutes). Propagation (xLogR) ...... 15 ...... 15 ...... 15. Distance of source level measure- 10 ...... 10 ...... 10. ment (meters). * n/a: not applicable.

TABLE 4—CALCULATED DISTANCES TO LEVEL A HARASSMENT AND LEVEL B HARASSMENT ISOPLETHS DURING PILE INSTALLATION AND REMOVAL AND DRILLING

Distance (m) to level A and level B thresholds Source level at Level A Activity 10 meters (dB) Low- Mid- High- Level B frequency frequency frequency Phocid Otariid cetaceans cetaceans cetaceans

Vibratory Pile Driving/Removal: 16-inch steel removal and installation 161 SPL...... 6.8 0.6 10.1 4.2 0.3 5,412 (12 piles) (∼1 hour on 1 day). Drilling/Socketing Pile Installation: 16-inch steel installation (6 piles) (6 166.2 SPL...... 50.1 4.4 74.1 30.5 2.1 *12,022 hours per day on 2 days). Impact Pile Driving: 16-inch steel installation (6 piles) (∼3 168.2 SEL/181.3 9.9 0.4 11.8 5.3 0.4 263 minutes per day on 1 day). SPL. * Ensonified area truncated by land masses with a maximum extent of 7.7 km.

Marine Mammal Occurrence and Take during school field trips in and around marine mammal observation reports Calculation and Estimation Eastern Channel. Additionally, marine covering the months of June through In this section we provide the mammal observational data was September, 2018 were also reviewed information about the presence, density, collected in the Sitka Channel as part of (Turnagain 2018). the Gary Paxton Industrial Park (GPIP) or group dynamics of marine mammals Level B Harassment Calculations that will inform the take calculations Multipurpose Dock Project (Turnagain and how this information is brought 2017). Monitors were present during The estimation of takes by Level B together to produce a quantitative take twenty-two days of in water work as harassment uses the following estimate. part of this project. This included ten calculation: Density information is not available days between October 9th and 20th, Level B harassment estimate = N for marine mammals in the project area. 2017 for wooden pile removal, where (number of animals in the ensonified Potential exposures for marine only one monitor was present each day area) * Number of days of noise mammals were estimated from several and twelve days between October 22nd generating activities. sources. Between the months of and November 9th, where two observers Humpback Whale September through May from 1994 to were monitoring during new pile 2002, weekly surveys were conducted installation. Additionally, data was Humpback whales are the most from Sitka’s Whale Park, located at the collected in January and October/ commonly observed baleen whale in easternmost end of Eastern Channel as November of 2017 in the Sitka Channel Southeast Alaska, particularly during shown in Figure 5 in the application. when Petro Marine Services removed spring and summer months. Humpback More recent data (from 2002 to present) and replaced a fuel float in the Sitka whales frequent the action area and were collected from small vessels or Channel and recorded marine mammal could be encountered during any given Allen Marine 100-foot catamarans observations (Windward 2017). Finally, day of pile driving/removal activities. In

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27294 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

the project vicinity, humpback whales estimates that a group of 8 killer whales NMFS has conservatively authorized 69 typically occur in groups of 1 to 2 may occur within the Level B takes (23 per day over 3 days) of harbor animals, with an estimated maximum harassment zone every day of during seal which represents an increase over group size of 4 animals. Most humpback active pile driving (8 animals in a group the 18 takes by Level B harassment whales observed in the area were × 1 group each day × 3 days = 24 proposed for authorization under the solitary. When more than one whale animals). Therefore, NMFS has Federal Register proposed IHA. NMFS was observed, available survey data authorized 24 killer whales takes by has also authorized the take of 30 seals reports a typical group size of 2–4 Level B harassment. by Level A harassment. CBS will whales (Straley et al. 2018). During Harbor Porpoise employ a 10 meter shutdown zone for work on GPIP Dock, groups of 5 and 10 harbor seals. This will allow CBS to Harbor porpoises are seen individuals were seen a few times, but avoid repeated shutdowns due to the infrequently in the action area, but they most of the time, single whales were presence of seals in the immediate could be encountered during any given observed (Turnagain 2017). CBS vicinity of the project site. The day of pile replacement activities. The conservatively estimates that a group of established Level A harassment zone for mean group size of harbor porpoise in 5 humpback whales may occur within phocids will extend to 35 meters. Any the Level B harassment zone every day Southeast Alaska was estimated to be between two to three individuals harbor seal observed between 10 and 35 of the 3-day construction window meters will be recorded as a take by during active pile driving (5 animals in (Dahlheim et al. 2009). In the project × × vicinity, harbor porpoises typically Level A harassment. NMFS has a group 1 group each day 3 days = authorized 30 harbor seal takes by Level 15 animals). Therefore, NMFS has occur in groups of 1–5 animals, with an A harassment by assuming 10 animals authorized 15 takes by Level B estimated maximum group size of eight per day will enter into the injury zone. harassment of humpback whales. Based animals (Straley et al. 2018). No harbor With total harbor seal exposures on Wade et al. (2016), the probability is porpoises were seen during the Petro estimated at 69, NMFS has authorized that 93.9 percent of the humpback Marine Dock construction monitoring in whales taken would be from the Hawaii January 2017 or during monitoring for the remaining 39 exposures as takes by DPS (not listed under ESA) and 6.1 the GPIP dock between October and Level B harassment. percent of the humpback whales taken November of 2017 (Windward 2017 and Steller Sea Lion would be from the ESA-listed Turnagain 2017). CBS conservatively threatened Mexico DPS. estimates that a group of 5 harbor Steller sea lions are common in the porpoise may occur within the Level B action area and are expected to be Minke Whale harassment zone once each day during encountered during pile removal and After informal consultation with the the 3-day construction window during driving. In the project vicinity Steller Commission, NMFS opted to active pile driving (5 animals in a group sea lions typically occur in groups of 1– conservatively authorize three minke × 1 group each day × 3 days = 15 8 animals near the project area whale takes by Level B harassment animals). Therefore, NMFS has (Turnagain 2017 and Windward 2017), based on monitoring data from Biorka authorized 15 Level B harassment takes with an estimated maximum group size Island which reported observations of of harbor porpoises. of 100 animals (Straley et al. 2018). these whales on numerous days Harbor Seal Commission informally noted that (Turnagain 2018). NMFS had not Steller sea lions can occur in the action Harbor seals are common in the action originally proposed take of this species area every day during construction and area and are expected to be encountered in the Federal Register proposed IHA. that 11 sea lions were observed on during pile replacement activities. In multiple days at GPIP (Turnagain 2017) Killer Whale the action area harbor seals typically Therefore, NMFS has authorized 33 Killer whales pass through the action occur in groups of 1–3 animals. takes (11 animals per day over 3 days) area and could be encountered during Observations near Sitka Channel any given day of pile removal and recorded only individual seals, and of sea lion by Level B harassment. This installation. In the project vicinity, observations for GPIP dock observed represents an increase over the 24 takes typical killer whale pod sizes vary mostly individuals, however, a few that were described in the Federal between 4–8 individuals, with an groups with up to 3 seals were observed. Register notice of proposed IHA. estimated maximum group size of 8 Near Biorka Island, recent sightings CBS intends to avoid Level A animals (Straley et al. 2018). A pod of ranged from 1 individual to a group of harassment take of marine mammals, three killer whales were observed 9 (June and September 2018). At Biorka other than harbor seals, by shutting during monitoring for the Petro Marine Island, up to 23 harbor seals were down pile removal or installation Dock, and a pod of eight whales were observed during a single day (Turnagain activities at the approach of any animal observed on one day near Biorka Island 2018). Therefore, after informal into their identified Level A harassment (Windward 2017; Turnagain 2018). CBS consultation with the Commission, (PTS onset) zone.

TABLE 6—ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES, STOCK AND PERCENT OF STOCK

Stock Percent of Species (population) Level A Level B stock

Humpback Whale ...... Central North Pacific (10,103) ...... 15 0.15 Minke Whale ...... Alaska (N.A.) ...... 3 N.A. Killer Whale ...... Alaska Resident (2,347) ...... 1 24 1.02 Northern Resident (261) ...... 9.20 West Coast Transient (243) ...... 9.88 Gulf of Coast, Aleutian ...... Islands, Bering Sea Transient (587) ...... 4.09 Harbor Porpoise ...... Southeast Alaska (975) ...... 15 1.54

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27295

TABLE 6—ESTIMATED TAKE BY LEVEL A AND LEVEL B HARASSMENT, BY SPECIES, STOCK AND PERCENT OF STOCK— Continued

Stock Percent of Species (population) Level A Level B stock

Harbor Seal ...... Sitka/Chatham Strait (14,855) ...... 30 39 0.46 Stellar Sea Lion ...... Western DPS (54,267) ...... 1 33 0.06 Eastern DPS (41,638) ...... 0.08 1 Assumes all takes come from each individual stock.

Mitigation (2) the practicability of the measures activities will be stopped as these for applicant implementation, which species approach the Level B In order to issue an IHA under section may consider such things as cost, harassment zone to avoid additional 101(a)(5)(D) of the MMPA, NMFS must impact on operations, and, in the case take. set forth the permissible methods of of a military readiness activity, taking pursuant to such activity, and The following measures will apply to personnel safety, practicality of CBS’s mitigation requirements: other means of effecting the least implementation, and impact on the practicable impact on such species or effectiveness of the military readiness Establishment of Shutdown Zone— stock and its habitat, paying particular activity. For all pile driving/removal and drilling attention to rookeries, mating grounds, In addition to the measures described activities, CBS will establish a and areas of similar significance, and on later in this section, CBS will employ shutdown zone to avoid take by Level the availability of such species or stock the following standard mitigation A harassment. The purpose of a for taking for certain subsistence uses measures: shutdown zone is generally to define an (latter not applicable for this action). • Conduct briefings between area within which shutdown of activity NMFS regulations require applicants for construction supervisors and crews and will occur upon sighting of a marine incidental take authorizations to include the marine mammal monitoring team mammal (or in anticipation of an animal information about the availability and prior to the start of all pile driving entering the defined area). The feasibility (economic and technological) activity, and when new personnel join shutdown zone will be 10 m in most of equipment, methods, and manner of the work, to explain responsibilities, cases. The shutdown zone for high- conducting such activity or other means communication procedures, marine frequency cetaceans will be 15 m for of effecting the least practicable adverse mammal monitoring protocol, and vibratory pile driving/removal and impact upon the affected species or operational procedures; • impact pile driving. During drilling/ stocks and their habitat (50 CFR For in-water heavy machinery work socketing installation the shutdown 216.104(a)(11)). other than pile driving (e.g., standard zone for high-frequency cetaceans and In evaluating how mitigation may or barges, etc.), if a marine mammal comes low-frequency cetaceans has been within 10 m, operations shall cease and may not be appropriate to ensure the increased from the values presented in vessels shall reduce speed to the least practicable adverse impact on the Federal Register notice of proposed minimum level required to maintain species or stocks and their habitat, as IHA to 75 m and 55 m respectively steerage and safe working conditions. well as subsistence uses where (Table 7). These changes were made to This type of work could include the applicable, we carefully consider two account for the revised SL and sourcing following activities: (1) Movement of the primary factors: barge to the pile location; or (2) data that was previously described for (1) The manner in which, and the positioning of the pile on the substrate drilling/socketing activities (Table 7). degree to which, the successful via a crane (i.e., stabbing the pile); These defined shutdown zones will be implementation of the measure(s) is • Work may only occur during used to prevent incidental Level A expected to reduce impacts to marine daylight hours, when visual monitoring harassment exposures of species mammals, marine mammal species or of marine mammals can be conducted; authorized for take except for harbor stocks, and their habitat. This considers • For those marine mammals for seals. The Level A harassment zone for the nature of the potential adverse which take by Level B harassment has harbor seals extends to 35 m with a 10 impact being mitigated (likelihood, not been requested, in-water pile m shutdown zone during all pile driving scope, range). It further considers the installation/removal and drilling will and drilling activities. The placement of likelihood that the measure will be shut down immediately if such species Protected Species Observers (PSOs) effective if implemented (probability of are observed within or on a path during all pile driving and drilling accomplishing the mitigating result if towards the monitoring zone (i.e., Level activities (described in detail in the implemented as planned) the likelihood B harassment zone); and Monitoring and Reporting Section) will of effective implementation (probability • If take reaches the authorized limit ensure shutdown zones are visible and implemented as planned); and for an authorized species, pile driving adequately monitored.

TABLE 7—SHUT DOWN ZONE FOR EACH PROJECT ACTIVITY

Low- High- frequency Mid- frequency Noise source cetaceans frequency cetaceans Phocid Otariid (humpback cetaceans (harbor (harbor seal) (sea lion) whale) (killer whale) porpoise)

Vibratory Pile Driving/Removal:

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27296 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

TABLE 7—SHUT DOWN ZONE FOR EACH PROJECT ACTIVITY—Continued

Low- High- frequency Mid- frequency Noise source cetaceans frequency cetaceans Phocid Otariid (humpback cetaceans (harbor (harbor seal) (sea lion) whale) (killer whale) porpoise)

16-inch steel removal and installation (12 piles) (∼1 hour on 1 day) ...... 10 10 15 10 10 Drilling/Socketing Pile Installation: 16-inch steel installation (6 piles) (6 hours per day on 2 days)...... 55 10 75 10 10 Impact Pile Driving: 16-inch steel installation (6 piles) (∼3 minutes on 1 day) ...... 10 10 15 10 10

Establishment of Monitoring Zones for protocols for areas adjacent to the noise source, corresponding to the Level B Harassment—CBS will establish shutdown zones. Monitoring zones maximum distance before landfall. It is monitoring zones to correlate with Level enable observers to be aware of and likely that PSOs will not be able to B harassment disturbance zones or communicate the presence of marine effectively observe the entire monitoring zones of influence which are areas mammals in the project area outside the zone. Therefore, Level B harassment where SPLs are equal to or exceed the shutdown zone and thus prepare for a exposures will be recorded and 160 dB rms threshold for impact driving potential cease of activity should the extrapolated based upon the number of and the 120 dB rms threshold during animal enter the shutdown zone. The observed takes and the percentage of the vibratory driving and drilling. monitoring zones are described in Table Level B harassment zone that was not Monitoring zones provide utility for 8. The monitoring zone for drilling visible. observing by establishing monitoring activities extends 7,700 m from the

TABLE 8—LEVEL B HARASSMENT MONITORING ZONES

Monitoring zones for take Pile driving noise source by Level B harassment (meter)

Vibratory Pile Driving: 16-inch steel removal and installation (12 piles) (∼1 hour on 1 day) ...... 5,500 Socketing Pile Installation: 16-inch steel installation (6 piles) (6 hours per day on 2 days) ...... 7,700 Impact Pile Driving: 16-inch steel installation (6 piles) (∼3 minutes per day on 1 day) ...... 265

Use of Pile Caps/Cushions—Pile Soft Start—The use of soft-start driving/removal or drilling of 30 driving softening material (i.e., pile procedures are believed to provide minutes or longer occurs, PSOs will caps/cushions) will be used to minimize additional protection to marine observe the shutdown and monitoring noise during vibratory and impact pile mammals by providing warning and/or zones for a period of 30 minutes. The driving. Much of the noise generated giving marine mammals a chance to shutdown zone will be cleared when a during pile installation comes from leave the area prior to the hammer marine mammal has not been observed contact between the pile being driven operating at full capacity. For impact within the zone for the 30-minute and the steel template used to hold the pile driving, contractors will be required period. If a marine mammal is observed pile in place. The contractor will use to provide an initial set of strikes from within the shutdown zone, a soft-start high-density polyethylene (HDPE) or the hammer at reduced energy, with cannot proceed until the animal has left ultra-high-molecular-weight each strike followed by a 30-second the zone or has not been observed for 15 polyethylene (UHMW) softening waiting period. This procedure will be minutes. If the Level B harassment zone material on all templates to eliminate conducted a total of three times before has been observed for 30 minutes and steel on steel noise generation. impact pile driving begins. Soft start non-permitted species are not present Direct Pull—To minimize will be implemented at the start of each within the zone, soft start procedures construction noise levels as much as day’s impact pile driving (if more than can commence and work can continue possible, the contractor will first one day) and at any time following even if visibility becomes impaired attempt to direct pull old piles; if those cessation of impact pile driving for a within the Level B harassment efforts prove to be ineffective, they will period of thirty minutes or longer. Soft monitoring zone. When a marine proceed with a vibratory hammer. start is not required during vibratory mammal permitted for Level B take is Reduced Energy—To reduce noise pile driving and removal activities. present in the Level B harassment zone, production, the vibratory hammer will Pre-Activity Monitoring—Prior to the activities may begin and Level B take be operated at a reduced energy setting start of daily in-water construction will be recorded. As stated above, if the (30 to 50 percent of its rated energy). activity, or whenever a break in pile entire Level B harassment zone is not

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27297

visible at the start of construction, piling marine mammals; or (2) populations, 3. Other observers may substitute driving or drilling activities can begin. species, or stocks; education (degree in biological science If work ceases for more than 30 minutes, • Effects on marine mammal habitat or related field) or training for the pre-activity monitoring of both the (e.g., marine mammal prey species, experience. Level B harassment and shutdown zone acoustic habitat, or other important 4. NMFS will require submission and will commence. physical components of marine approval of observer CVs. Based on our evaluation of the mammal habitat); and CBS must ensure that observers have • applicant’s proposed measures, as well Mitigation and monitoring the following additional qualifications: as other measures considered by NMFS, effectiveness. 1. Ability to conduct field NMFS has determined that the required Monitoring shall be conducted by observations and collect data according mitigation measures provide the means NMFS-approved PSOs. Trained to assigned protocols; effecting the least practicable impact on observers shall be placed from the best 2. Experience or training in the field the affected species or stocks and their vantage point(s) practicable to monitor identification of marine mammals, habitat, paying particular attention to for marine mammals and implement including the identification of rookeries, mating grounds, and areas of shutdown or delay procedures when behaviors; applicable through communication with similar significance. 3. Sufficient training, orientation, or the equipment operator. Observer experience with the construction Monitoring and Reporting training must be provided prior to operation to provide for personal safety project start, and shall include In order to issue an IHA for an during observations; instruction on species identification activity, section 101(a)(5)(D) of the 4. Writing skills sufficient to prepare (sufficient to distinguish the species in MMPA states that NMFS must set forth, a report of observations including but the project area), description and ‘‘requirements pertaining to the not limited to the number and species categorization of observed behaviors monitoring and reporting of such of marine mammals observed; dates and taking.’’ The MMPA implementing and interpretation of behaviors that may be construed as being reactions to the times when in-water construction regulations at 50 CFR 216.104(a)(13) specified activity, proper completion of activities were conducted; dates, times, indicate that requests for authorizations data forms, and other basic components and reason for implementation of must include the suggested means of of biological monitoring, including mitigation (or why mitigation was not accomplishing the necessary monitoring tracking of observed animals or groups implemented when required); and and reporting that will result in of animals such that repeat sound marine mammal behavior; and increased knowledge of the species and exposures may be attributed to 5. Ability to communicate orally, by of the level of taking or impacts on individuals (to the extent possible). radio or in person, with project populations of marine mammals that are Monitoring will be conducted 30 personnel to provide real-time expected to be present in the action minutes before, during, and 30 minutes information on marine mammals area. Effective reporting is critical both after pile driving/removal and drilling observed in the area as necessary. to compliance as well as ensuring that activities. In addition, observers shall Two land-based PSOs will be used to the most value is obtained from the record all incidents of marine mammal monitor the area during all pile driving required monitoring. occurrence, regardless of distance from and removal activities. One PSO will Monitoring and reporting activity, and shall document any monitor from the O’Connell Bridge requirements prescribed by NMFS behavioral reactions in concert with which features a high vantage point should contribute to improved distance from piles being driven or with unobstructed views of, and close understanding of one or more of the removed. Pile driving/removal and proximity to, the project site. A second following: monitor will be stationed east of the • drilling activities include the time to Occurrence of marine mammal install or remove a single pile or series construction site, likely off Islander species or stocks in the area in which of piles, as long as the time elapsed Drive. PSOs will work in shifts lasting take is anticipated (e.g., presence, between uses of the pile driving no longer than 4 hours with at least a abundance, distribution, density); equipment is no more than 30 minutes. 1-hour break between shifts, and will • Nature, scope, or context of likely PSOs will scan the waters using not perform duties as a PSO for more marine mammal exposure to potential binoculars, and/or spotting scopes, and than 12 hours in a 24-hr period to stressors/impacts (individual or will use a handheld GPS or range-finder reduce PSO fatigue. cumulative, acute or chronic), through device to verify the distance to each A draft marine mammal monitoring better understanding of: (1) Action or sighting from the project site. All PSOs report will be submitted to NMFS environment (e.g., source will be trained in marine mammal within 90 days after the completion of characterization, propagation, ambient identification and behaviors and are pile driving and removal and drilling noise); (2) affected species (e.g., life required to have no other project-related activities. It will include an overall history, dive patterns); (3) co-occurrence tasks while conducting monitoring. In description of work completed, a of marine mammal species with the addition, monitoring will be conducted narrative regarding marine mammal action; or (4) biological or behavioral by qualified observers, who will be sightings, and associated PSO data context of exposure (e.g., age, calving or placed at the best vantage point(s) sheets. Specifically, the report must feeding areas); practicable to monitor for marine include: • Individual marine mammal mammals and implement shutdown/ • Dates and times (begin and end) of responses (behavioral or physiological) delay procedures when applicable by all marine mammal monitoring. to acoustic stressors (acute, chronic, or calling for the shutdown to the hammer • Construction activities occurring cumulative), other stressors, or operator. CBS will adhere to the during each daily observation period, cumulative impacts from multiple following observer qualifications: including how many and what type of stressors; 1. Independent observers (i.e., not piles were driven or removed and by • How anticipated responses to construction personnel) are required. what method (i.e., impact or vibratory). stressors impact either: (1) Long-term 2. At least one observer must have • Weather parameters and water fitness and survival of individual prior experience working as an observer. conditions during each monitoring

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27298 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

period (e.g., wind speed, percent cover, the prohibited take. NMFS will work duration), the context of any responses visibility, sea state). with CBS to determine what is (e.g., critical reproductive time or • The number of marine mammals necessary to minimize the likelihood of location, migration), as well as effects observed, by species, relative to the pile further prohibited take and ensure on habitat, and the likely effectiveness location and if pile driving or removal MMPA compliance. CBS will not be of the mitigation. We also assess the was occurring at time of sighting. able to resume their activities until number, intensity, and context of • Age and sex class, if possible, of all notified by NMFS via letter, email, or estimated takes by evaluating this marine mammals observed. telephone. information relative to population • PSO locations during marine In the event that CBS discovers an status. Consistent with the 1989 mammal monitoring. injured or dead marine mammal, and preamble for NMFS’s implementing • Distances and bearings of each the lead PSO determines that the cause regulations (54 FR 40338; September 29, marine mammal observed to the pile of the injury or death is unknown and 1989), the impacts from other past and being driven or removed for each the death is relatively recent (e.g., in ongoing anthropogenic activities are sighting (if pile driving or removal was less than a moderate state of incorporated into this analysis via their occurring at time of sighting). decomposition as described in the next • impacts on the environmental baseline Description of any marine mammal paragraph), CBS will immediately report (e.g., as reflected in the regulatory status behavior patterns during observation, the incident to the Chief of the Permits of the species, population size and including direction of travel. • and Conservation Division, Office of growth rate where known, ongoing Number of individuals of each Protected Resources, NMFS, and the sources of human-caused mortality, or species (differentiated by month as Alaska Regional Stranding Coordinator. ambient noise levels). appropriate) detected within the The report will include the same Pile driving, pile removal and drilling monitoring zone, and estimates of information identified in the paragraph activities as outlined previously, have number of marine mammals taken, by above. Activities will be able to the potential to disturb or displace species (a correction factor may be continue while NMFS reviews the marine mammals. Specifically, the applied to total take numbers, as circumstances of the incident. NMFS specified activities may result in take in appropriate). • will work with CBS to determine the form of Level B harassment from Detailed information about any whether modifications in the activities underwater sounds generated from implementation of any mitigation are appropriate. vibratory pile removal, vibratory pile triggered (e.g., shutdowns and delays), a In the event that CBS discovers an driving, impact pile driving, and description of specific actions that injured or dead marine mammal and the drilling over 3 days. Potential takes ensued, and resulting behavior of the lead PSO determines that the injury or could occur if individuals of these animal, if any. death is not associated with or related species are present in the ensonified • Description of attempts to to the activities authorized in the IHA zone when these activities are distinguish between the number of (e.g., previously wounded animal, underway. One day of work will be individual animals taken and the carcass with moderate to advanced dedicated to removing 6 old and number of incidences of take, such as decomposition, or scavenger damage), installing 6 new piles which will emit ability to track groups or individuals. CBS will report the incident to the Chief If no comments are received from low levels of noise into the aquatic of the Permits and Conservation NMFS within 30 days, the draft final environment if removed via direct pull Division, Office of Protected Resources, report will constitute the final report. If or vibratory hammer and installed via NMFS, and the Alaska Regional comments are received, a final report vibratory hammer as planned. Vibratory Stranding Coordinator, within 24 hours addressing NMFS comments must be removal and installation will take of the discovery. CBS will provide submitted within 30 days after receipt of approximately one hour. Drilling will photographs, video footage (if available), comments. occur for only 6 hours per day over 2 In the unanticipated event that the or other documentation of the stranded days. Impact driving will be used to specified activity clearly causes the take animal sighting to NMFS and the proof socketed piles and take place for of a marine mammal in a manner Marine Mammal Stranding Network. a total of 3 minutes on a single day. Effects on individuals that are taken prohibited by the IHA (if issued), such Negligible Impact Analysis and by Level A harassment will likely as an injury, serious injury or mortality, Determination CBS will immediately cease the include minor PTS to a limited number NMFS has defined negligible impact of animals, consisting of hearing loss of specified activities and report the as an impact resulting from the incident to the Chief of the Permits and no more than a few dB. Level B specified activity that cannot be harassment, on the basis of reports in Conservation Division, Office of reasonably expected to, and is not Protected Resources, NMFS, and the the literature as well as monitoring from reasonably likely to, adversely affect the other similar activities, will likely be Alaska Regional Stranding Coordinator. species or stock through effects on The report will include the following limited to reactions such as increased annual rates of recruitment or survival swimming speeds, increased surfacing information: (50 CFR 216.103). A negligible impact • Description of the incident; time, or decreased foraging (if such • Environmental conditions (e.g., finding is based on the lack of likely activity were occurring) (e.g., Thorson Beaufort sea state, visibility); adverse effects on annual rates of and Reyff 2006; HDR, Inc. 2012; Lerma • Description of all marine mammal recruitment or survival (i.e., population- 2014; ABR 2016). Most likely, observations in the 24 hours preceding level effects). An estimate of the number individuals will simply move away the incident; of takes alone is not enough information from the sound source and be • Species identification or on which to base an impact temporarily displaced from the areas of description of the animal(s) involved; determination. In addition to pile driving and drilling, although even • Fate of the animal(s); and considering estimates of the number of this reaction has been observed • Photographs or video footage of the marine mammals that might be ‘‘taken’’ primarily only in association with animal(s) (if equipment is available). through harassment, NMFS considers impact pile driving. The pile driving Activities will not resume until NMFS other factors, such as the likely nature activities analyzed here are similar to, or is able to review the circumstances of of any responses (e.g., intensity, less impactful than, numerous other

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27299

construction activities conducted in evidence from other similar activities, even if each estimated taking occurred southeast Alaska, which have taken demonstrate that the potential effects of to a new individual—an extremely place with no known long-term adverse the specified activities will have only unlikely scenario. For pinnipeds, consequences from behavioral minor effects on individuals. The especially harbor seals and Steller sea harassment. Level A and Level B specified activities are not expected to lions, occurring in the vicinity of the harassment will be reduced to the level impact rates of recruitment or survival project site, there could be some overlap of least practicable adverse impact and will therefore not result in in individuals present day-to-day, and through use of mitigation measures population-level impacts. these takes are likely to occur only described herein and, if sound produced Based on the analysis contained within some small portion of the overall by project activities is sufficiently herein of the likely effects of the regional stock. disturbing, animals are likely to simply specified activity on marine mammals Based on the analysis contained avoid the area while the activity is and their habitat, and taking into herein of the planned activity (including occurring. consideration the implementation of the the required mitigation and monitoring The project also is not expected to monitoring and mitigation measures, measures) and the anticipated take of have significant adverse effects on NMFS finds that the total marine marine mammals, NMFS finds that affected marine mammals’ habitat. mammal take from the planned activity small numbers of marine mammals will Project activities will not modify will have a negligible impact on all be taken relative to the population size existing marine mammal habitat for a affected marine mammal species or of the affected species or stocks. stocks. significant amount of time. The Unmitigable Adverse Impact Analysis activities may cause some fish to leave Small Numbers and Determination the area of disturbance, thus temporarily impacting marine mammals’ foraging As noted above, only small numbers In order to issue an IHA, NMFS must opportunities in a limited portion of the of incidental take may be authorized find that the specified activity will not foraging range. However, because of the under sections 101(a)(5)(A) and (D) of have an ‘‘unmitigable adverse impact’’ short duration of the activities and the the MMPA for specified activities other on the subsistence uses of the affected relatively small area of the habitat that than military readiness activities. The marine mammal species or stocks by may be affected, and the decreased MMPA does not define small numbers Alaskan Natives. NMFS has defined potential of prey species to be in the and so, in practice, where estimated ‘‘unmitigable adverse impact’’ in 50 CFR project area during the construction numbers are available, NMFS compares 216.103 as an impact resulting from the work window, the impacts to marine the number of individuals taken to the specified activity: (1) That is likely to mammal habitat are not expected to most appropriate estimation of reduce the availability of the species to cause significant or long-term negative abundance of the relevant species or a level insufficient for a harvest to meet consequences. stock in our determination of whether subsistence needs by: (i) Causing the In summary and as described above, an authorization is limited to small marine mammals to abandon or avoid the following factors primarily support numbers of marine mammals. hunting areas; (ii) Directly displacing our determination that the impacts Additionally, other qualitative factors subsistence users; or (iii) Placing resulting from this activity are not may be considered in the analysis, such physical barriers between the marine expected to adversely affect the species as the temporal or spatial scale of the mammals and the subsistence hunters; or stock through effects on annual rates activities. and (2) That cannot be sufficiently Table 6 presents the number of of recruitment or survival: mitigated by other measures to increase • No mortality is anticipated or animals that could be exposed to the availability of marine mammals to authorized; received noise levels that may result in allow subsistence needs to be met. • Limited take by Level A Level B take for the planned work at The peak hunting season in southeast harassment, consisting of small degree O’Connell Bridge. Our analysis shows Alaska occurs during the month of of hearing loss; that less than 10 percent of the best November and again over the March to • Level B harassment may consist of, available population estimate of each April time frame (Wolfe et al. 2013). The at worst, temporary modifications in affected stock could be taken. planned project is in an area where behavior (e.g., temporary avoidance of Furthermore, these percentages subsistence hunting for harbor seals or habitat or changes in behavior); conservatively assume that all takes of sea lions could occur (Wolfe et al. 2013), • The specified activity is temporary killer whale and Steller sea lion will be but the area near the project location is and of short duration; accrued to a single stock, when multiple not preferred for hunting. • The ensonified area is very small stocks are known to occur in the project During September 2018, CBS relative to the overall habitat ranges of area. There was one stock, minke whale, contacted the Alaska Harbor Seal all species and does not include habitat where the lack of an accepted stock Commission, the Alaska Sea Otter and areas of special significance (BIAs or abundance value did not allow for the Steller Sea Lion Commission, and the ESA-designated critical habitat); and calculation an expected percentage of Sitka Tribe of Alaska. These • The presumed efficacy of the the population that would be affected. organizations expressed no concerns mitigation measures in reducing the The most relevant estimate of partial about the impact of the action on effects of the specified activity to the stock abundance is 1,233 minke whales subsistence marine mammals or their level of least practicable adverse impact. for a portion of the Gulf of Alaska harvest by hunters near the project area. In addition, although affected (Zerbini et al. 2006). Given 3 authorized The Sitka Tribe did request that no pile humpback whales and Steller sea lions takes by Level B harassment for the driving occur between March 15 and may be from a DPS that is listed under stock, comparison to the best estimate of May 31 to protect herring, as has been the ESA, it is unlikely that minor noise stock abundance shows less than 1 the case for past permitting in Sitka effects in a small, localized area of percent of the stock is expected to be Sound. In response to this request, CBS habitat will have any effect on the impacted. Therefore, the numbers of will not commence in-water stocks’ ability to recover. In animals authorized to be taken for all construction operations prior to June 1, combination, we believe that these species will be considered small relative 2019 or between March 15, 2020 and factors, as well as the available body of to the relevant stocks or populations May 31, 2020.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27300 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Based on the description of the western DPS Steller sea lions or Mexico U.S.C., Appendix, as amended), the specified activity, the measures DPS of humpback whales, and is not Government in the Sunshine Act of described to minimize adverse effects likely to destroy or adversely modify 1976 (5 U.S.C. 552b, as amended), and on the availability of marine mammals western DPS Steller sea lion critical 41 CFR 102–3.140 and 102–3.150. Due for subsistence purposes, and the habitat. to circumstances beyond the control of mitigation and monitoring measures, the Department of Defense (DoD) and NMFS has determined that there will Authorization the Designated Federal Officer, the U.S. not be an unmitigable adverse impact on NMFS has issued an IHA to CBS for Air Force Scientific Advisory Board was subsistence uses from CBS’s planned the incidental take of marine mammals unable to provide public notification activities. due to in-water construction work required by 41 CFR 102–3.150(a) associated with the O’Connell Bridge concerning its June 13, 2019 meeting of National Environmental Policy Act Lightering Float Pile Replacement the U.S. Air Force Scientific Advisory To comply with the National project in Sitka, Alaska from June 1, Board. Accordingly, the Advisory Environmental Policy Act of 1969 2019 through May 31, 2020, provided Committee Management Officer for the (NEPA; 42 U.S.C. 4321 et seq.) and the previously mentioned mitigation, Department of Defense, pursuant to 41 NOAA Administrative Order (NAO) monitoring, and reporting requirements CFR 102–3.150(b), waives the 15- 216–6A, NMFS must review our are incorporated. calendar day notification requirement. proposed action (i.e., the issuance of an Dated: May 23, 2019. Purpose of the Meeting: The purpose incidental harassment authorization) of this quarterly board meeting is to Shannon Bettridge, with respect to potential impacts on the formally complete, outbrief, and receive human environment. Acting Deputy Director, Office of Protected majority approval for the content and This action is consistent with Resources, National Marine Fisheries Service. recommendations contained in the categories of activities identified in [FR Doc. 2019–12346 Filed 6–11–19; 8:45 am] United States Air Force Scientific Categorical Exclusion B4 (incidental BILLING CODE 3510–22–P Advisory Board Fiscal Year 2019 harassment authorizations with no Studies. anticipated serious injury or mortality) Agenda: 0845–0900 Welcoming of the Companion Manual for NOAA DEPARTMENT OF DEFENSE Remarks & Quarterly Update, Dr. James Administrative Order 216–6A, which do Chow, Chair US Air Force Scientific not individually or cumulatively have Office of the Department of the Air Advisory Board, 0900–0930 FY20 S&T the potential for significant impacts on Force Review Program Update, Dr. Lara the quality of the human environment Schmidt, S&T Reviews Chair, 0930– and for which we have not identified U.S. Air Force Scientific Advisory 1045 21st Century Training and any extraordinary circumstances that Board; Notice of Federal Advisory Education Technologies (TET)— would preclude this categorical Committee Meeting Outbrief, Dr. Mica Endsley, Study Chair, exclusion. Accordingly, NMFS has AGENCY: Department of Defense, 1045–1200 Fidelity of Modeling, determined that the issuance of the IHA Department of the Air Force, U.S. Air Simulation and Analysis to Support Air qualifies to be categorically excluded Force Scientific Advisory Board. Force Decision Making (MSA)— from further NEPA review. ACTION: Notice of Federal Advisory Outbrief, Dr. Darcy McGinn, Study Chair, 1200–1300 Lunch Break, 1300– Endangered Species Act (ESA) Committee meeting. 1415 Multi-Source Data Fusion for Section 7(a)(2) of the Endangered SUMMARY: The Department of Defense Target Location and Identification Species Act of 1973 (ESA: 16 U.S.C. (DoD) is publishing this notice to (DFT)—Outbrief, Dr. Patrick Stadter, 1531 et seq.) requires that each Federal announce that the following Federal Study Chair, 1415–1530 FY20 Study agency insure that any action it Advisory Committee meeting of the U.S. Topic Terms of Reference Discussion, authorizes, funds, or carries out is not Air Force Scientific Advisory Board will Dr. James Chow, Chair US Air Force likely to jeopardize the continued take place. Scientific Advisory Board 1530–1545 existence of any endangered or DATES: Closed to the public Thursday Closing Comments, Dr. James Chow, threatened species or result in the June 13, 2019 from 8:45 a.m. to 3:45 Chair US Air Force Scientific Advisory destruction or adverse modification of p.m. (PT). Board. designated critical habitat. To ensure Meeting Accessibility: ESA compliance for the issuance of ADDRESSES: The address of the closed Written Statements: Any member of IHAs, NMFS consults internally, in this meeting is the Arnold and Mabel the public that wishes to provide input case with NMFS’ Alaska Regional Beckman Center of the National on the Air Force Scientific Advisory Office, whenever we propose to Academies of Sciences and Engineering, Board Summer Meeting must contact authorize take for endangered or 100 Academy Way, Irvine, CA 92617. the meeting organizer at the phone threatened species. FOR FURTHER INFORMATION CONTACT: number or email address listed in this NMFS is authorizing take of two DPSs Evan Buschmann, (240) 612–5503 announcement at least five working (i.e., western DPS of Steller sea lions (Voice), 703–693–5643 (Facsimile), days prior to the meeting date. Please and Mexico DPS of humpback whales), [email protected] ensure that you submit your written which are listed under the ESA. The (Email). Mailing address is 1500 West statement in accordance with 41 CFR NMFS Alaska Regional Office issued a Perimeter Road, Ste. #3300, Joint Base 102–3.140(c) and section 10(a)(3) of the Biological Opinion in May 2019, under Andrews, MD 20762. Website: http:// Federal Advisory Committee Act. Section 7 of the ESA, on the issuance of www.sab.af.mil/. The most up-to-date Statements being submitted in response an IHA to CBS under section changes to the meeting agenda can be to the agenda mentioned in this notice 101(a)(5)(D) of the MMPA by the NMFS found on the website. must be received by the Scientific Office of Protected Resources. The SUPPLEMENTARY INFORMATION: This Advisory Board meeting organizer at Biological Opinion concluded that the meeting is being held under the least five calendar days prior to the proposed action is not likely to provisions of the Federal Advisory meeting commencement date. The jeopardize the continued existence of Committee Act (FACA) of 1972 (5 Scientific Advisory Board meeting

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27301

organizer will review all timely DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: This submissions and respond to them prior 36(b)(1) arms sales notification is to the start of the meeting identified in Office of the Secretary published to fulfill the requirements of this notice. Written statements received [Transmittal No. 19–27] section 155 of Public Law 104–164 after this date may not be considered by dated July 21, 1996. The following is a the Scientific Advisory Board until the Arms Sales Notification copy of a letter to the Speaker of the next scheduled meeting. AGENCY: Defense Security Cooperation House of Representatives, Transmittal 19–27 with attached Policy Justification Carlinda N. Lotson, Agency, Department of Defense. and Sensitivity of Technology. Acting Federal Register Liaison Officer. ACTION: Arms sales notice. Dated: June 7, 2019. [FR Doc. 2019–12417 Filed 6–11–19; 8:45 am] SUMMARY: The Department of Defense is Aaron T. Siegel, BILLING CODE 5001–05–P publishing the unclassified text of an arms sales notification. Alternate OSD Federal Register Liaison Officer, Department of Defense. FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] BILLING CODE 5001–06–P or (703) 697–8976.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.005 27302 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

BILLING CODE 5001–06–C Multi-Spectral Targeting Systems (4 U.S. contractor representatives to Transmittal No. 19-27 installed, 1 spare); fifteen (15) provide initial launch, recovery, and Embedded Global Positioning System/ maintenance support. Notice of Proposed Issuance of Letter of Inertial Navigation Systems (EGI) (12 There will be no adverse impact on Offer Pursuant to Section 36(b)(1) of the installed, 3 spares); five (5) AN/APY-8 U.S. defense readiness as a result of this Arms Export Control Act, as amended Lynx Synthetic Aperture Radars (4 proposed sale. (i) Prospective Purchaser: Government installed, 1 spare); and five (5) Detect Transmittal No. 19-27 of Belgium and Avoid Systems (4 installed, 1 (ii) Total Estimated Value: spare). Also included are an Initial Notice of Proposed Issuance of Letter of Major Defense Equipment * $275 million Spares Package (ISP) and Readiness Offer Pursuant to Section 36(b)(1) of the Other ...... $325 million Spares Package (RSP) to support a 5- Arms Export Control Act year period of performance; spare and Annex TOTAL ...... $600 million repair parts; support and test Item No. vii (iii) Description and Quantity or equipment; publications and technical Quantities of Articles or Services under documentation; personnel training and (vii) Sensitivity of Technology: Consideration for Purchase: training equipment; U.S. Government 1. The MQ-9B SkyGuardian Remotely Major Defense Equipment (MDE): and contractor engineering; technical Piloted Aircraft (RPA) is a weapons Four (4) MQ-9B, Remotely Piloted and logistics support services; and other capable aircraft designed for Medium- Aircraft related elements of logistical and Altitude Long-Endurance (MALE) Two (2) Fixed Certifiable Ground program support. The total estimated Intelligence, Surveillance and Control Stations program cost is $600 million. Reconnaissance (ISR) and Target Five (5) AN/DAS-4 Multi-Spectral This proposed sale will support the Acquisition and strike missions. The Targeting Systems (4 installed, 1 foreign policy and national security of MQ-9B SkyGuardian RPA is not a USAF spare) the United States by helping to improve program of record but has close ties to, Fifteen (15) Embedded Global the security of a NATO ally. It is vital and builds upon, the proven success of Positioning System/Inertial to the U.S. national interest to assist the MQ-9A Reaper. The MQ-9B RPA is Navigation Systems (EGI) (12 Belgium to develop and maintain a a Missile Technology Control Regime installed, 3 spares) strong and ready self-defense capability. (MTCR) Category 1 system with a Five (5) AN/APY-8 Lynx Synthetic This potential sale enhances the designed maximum payload of 4,800 Aperture Radars (4 installed, 1 spare) intelligence, surveillance, and pounds (800 pounds internal and 4,000 Five (5) Detect and Avoid Systems (4 reconnaissance (ISR) capability of the pounds external) and is capable of installed, 1 spare) Belgian military in support of national, carrying multiple mission payloads aloft with a maximum range of greater than Non-MDE: Also included are an Initial NATO, United Nation-mandated, and 5,500 nm. The MQ-9B provides up to 40 Spares Package (ISP) and Readiness other coalition operations. Commonality hours endurance, speeds up to 220 Spares Package (RSP) to support a 5- of ISR capabilities increases knots true air speed (KTAS) and a year period of performance; interoperability between the U.S. and Belgian military and peacekeeping maximum altitude of 45,000 feet. The communications equipment; forces. system is designed to be controlled by Identification Friend or Foe (IFF) Belgium intends to use these defense two operators within a Certifiable equipment; spare and repair parts; articles and services to provide for the Ground Control Station (CGCS). The support and test equipment; defense of its deployed troops, regional CGCS is designed to emulate a publications and technical security, domestic security, and reconnaissance aircraft cockpit, giving documentation; personnel training and interoperability with the U.S./NATO users extensive means to operate both training equipment; U.S. Government partners. The current fleet of Belgian Air the aircraft and sensors. The MQ-9B is and contractor engineering; technical Component aircraft have proven able to operate using a direct Line-of- and logistics support services; and other insufficient to support sustained and Sight (LOS) datalink or Beyond Line-of- related elements of logistical and persistent ISR operations. The proposed Sight (BLOS) through satellite program support. sale will enable the Belgian Air communications (SATCOM). The design (iv) Military Department: Air Force Component to conduct persistent and enables unmanned aerial vehicle (UAV) (BE-D-SAE) wide area ISR, including target control to be transferred between (v) Prior Related Cases, if any: None multiple CGCSs, thus allowing remote- (vi) Sales Commission, Fee, etc., Paid, acquisition, target designation, split operations and centralized mission Offered, or Agreed to be Paid: None providing precision coordinates for control with other assets. The MQ-9B (vii) Sensitivity of Technology Global Positioning System (GPS)-aided system can be deployed from a single Contained in the Defense Article or munitions, battle damage assessment, site that supports launch/recovery, Defense Services Proposed to be Sold: signal intelligence, communication, and mission control, and maintenance. The See Attached Annex. data relays. Belgium will have no system also supports remote-split (viii) Date Report Delivered to difficulty absorbing this equipment and operations where launch/recovery and Congress: March 25, 2019 support into its armed forces. The proposed sale of this equipment maintenance occur at a Forward * As defined in Section 47(6) of the and support will not alter the basic Operating Base and mission control is Arms Export Control Act. military balance in the region. conducted from another location or POLICY JUSTIFICATION The principal contractor will be Main Operating Base (MOB). The basic General Atomics Aeronautical Systems, MQ-9B Unmanned Aerial System (UAS) Belgium—MQ-9B SkvGuardian Inc., San Diego, California. There are no is UNCLASSIFIED. However, inclusion Remotely Piloted Aircraft (RPA) known offset agreements proposed in of various sub-systems, capabilities, and The Government of Belgium has connection with this potential sale. potential weapons results in a requested to purchase four (4) MQ-9B, Implementation of this proposed sale maximum classification of SECRET. RPA; two (2) Fixed Certifiable Ground may require multiple trips to Belgium 2. The Belgian MQ-9B system will Control Stations; five (5) AN/DAS-4 and potentially a deployed location for include the following components:

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27303

a. A secure Certifiable Ground Control an autopilot response for deconfliction DEPARTMENT OF DEFENSE Station (CGCS) with workstations that maneuvers. allow aircrew to operate the aircraft, f. The Belgium MQ-9B is intended to Office of the Secretary execute the mission, and record/exploit be used in the near-term only for ISR- downlinked payload data. type missions. As such, the system is [Transmittal No. 19–04] b. The AN/APY-8 Lynx IIe Block 20A not requested to be armed, but is Synthetic Aperture Radar and Ground requested to preserve the option to arm Arms Sales Notification Moving Target Indicator (SAR/GMTI) the systems should the need arise at a system provides an all-weather later time. If weaponized, the system is AGENCY: Defense Security Cooperation surveillance, tracking and targeting capable of being equipped with the U.S. Agency, Department of Defense. capability. The system operates in the Army AGM-114 Hellfire missile and Ku-band, using an offset-fed dish various guided and unguided bombs. ACTION: Arms sales notice. antenna mounted on a three-axis 3. If a technologically advanced stabilized gimbal. It has a large field of adversary were to obtain knowledge of SUMMARY: The Department of Defense is regard, produces a strip map, and can the specific hardware and software publishing the unclassified text of an image up to a 10km wide swath. Swaths elements, the information could be used arms sales notification. from multiple passes can be combined to develop countermeasures or equivalent systems which might reduce FOR FURTHER INFORMATION CONTACT: for wide-area surveillance. Karma Job at [email protected] c. The AN/DAS-4 Multi-Spectral weapon system effectiveness or be used Targeting System (MTS-D) is a multi-use in the development of a system with or (703) 697–8976. highly advanced EO/IR sensor providing similar or advanced capabilities. SUPPLEMENTARY INFORMATION: This long-range surveillance, high altitude, 4. This sale is necessary in 36(b)(1) arms sales notification is target acquisition, tracking, range furtherance of the U.S. foreign policy published to fulfill the requirements of and national security objectives finding, and laser designation section 155 of Public Law 104–164 outlined in the enclosed Policy developed and produced for use by the dated July 21, 1996. The following is a Justification. A determination has been U.S. Air Force. copy of a letter to the Speaker of the d. COMSEC is necessary for full made that Belgium can provide the same degree of protection for the House of Representatives, Transmittal functionality of the Embedded GPS-INS 19–04 with attached Policy Justification (EGI) and the AN/DPX-7 Identification sensitive technology being released as and Sensitivity of Technology. Friend or Foe (IFF)/Transponder. the U.S. Government. e. The Detect and Avoid System 5. All defense articles and services Dated: June 7, 2019. (DAAS) with Active Electronically listed in this transmittal have been Aaron T. Siegel, Scanned Array (AESA) Due Regard authorized for release and export to Belgium. Alternate OSD Federal Register Liaison Radar (DRR) is a multi-sensor system Officer, Department of Defense. that detects and tracks cooperative and [FR Doc. 2019–12413 Filed 6–11–19; 8:45 am] BILLING CODE 5001–06–P non-cooperative air traffic, and enables BILLING CODE 5001–06–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27304 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

BILLING CODE 5001–06–C Reliability, Availability, Defense Services Proposed to be Sold: Transmittal No. 19-04 Maintainability/Rebuilt to Standard See Attached Annex. (RAM/RS) Notice of Proposed Issuance of Letter of (viii) Date Report Delivered to One (1) Assault Amphibious Vehicle, Congress: March 14, 2019 Offer Pursuant to Section 36(b)(1) of the Recovery (AAVR-7A1) Reliability, Arms Export Control Act, as amended Availability, Maintainability/ * As defined in Section 47(6) of the (i) Prospective Purchaser: Government Rebuilt to Standard (RAM/RS) Arms Export Control Act. of Spain Non-MDE: Also included are POLICY JUSTIFICATION (ii) Total Estimated Value: Enhanced Armor Applique Kits (EAAK), Major Defense Equip- spare and repair parts, tools and test Spain—Assault Amphibious Vehicles ment * ...... $ 89.6 million equipment, technical data and Other ...... $ 17.4 million publications, training and training The Government of Spain has material, U.S. Government and requested to buy eight (8) Assault TOTAL ...... $107.0 million contractor technical and logistics Amphibious Vehicles, Personnel (iii) Description and Quantity or support services, and other related (AAVP-7A1) Reliability, Availability, Quantities of Articles or Services under elements of logistics and program Maintainability/Rebuilt to Standard Consideration for Purchase: support. (RAM/RS); two (2) Assault Amphibious Major Defense Equipment (MDE): (iv) Military Department: Navy (SP-P- Vehicles, Command (AAVC-7A1) Eight (8) Assault Amphibious LHO) Reliability, Availability, Vehicles, Personnel (AAVP-7A1) (v) Prior Related Cases, if any: None Maintainability/Rebuilt to Standard Reliability, Availability, (vi) Sales Commission, Fee, etc., (RAM/RS); and one (1) Assault Maintainability/Rebuilt to Standard Paid, Offered, or Agreed to be Paid: Amphibious Vehicle, Recovery (AAVR- (RAM/RS) None 7A1) Reliability, Availability, Two (2) Assault Amphibious (vii) Sensitivity of Technology Maintainability/Rebuilt to Standard Vehicles, Command (AAVC-7A1) Contained in the Defense Article or

VerDate Sep<11>2014 18:40 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.006 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27305

(RAM/RS). Also included are Enhanced Implementation of this proposed sale authorized for release and export to the Armor Applique Kits (EAAK), spare and will not require the assignment of any Government of Spain. repair parts, tools and test equipment, additional U.S. Government or [FR Doc. 2019–12416 Filed 6–11–19; 8:45 am] technical data and publications, training contractor representative in Spain. BILLING CODE 5001–06–P and training material, U.S. Government There will be no adverse impact on and contractor technical and logistics U.S. defense readiness as a result of this support services, and other related proposed sale. DEPARTMENT OF DEFENSE elements of logistics and program Transmittal No. 19-04 support. The total estimated program Office of the Secretary cost is $107 million. Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the This proposed sale will support the [Transmittal No. 19–0G] foreign policy and national security of Arms Export Control Act the United States by improving the Annex Arms Sales Notification security of a NATO ally which is an Item No. vii important force for political stability AGENCY: Defense Security Cooperation and economic progress in Europe. It is (vii) Sensitivity of Technology: Agency, Department of Defense. 1. The vulnerability to vital to the U.S. national interest to ACTION: Arms sales notice. assist Spain in developing and countermeasure information for Assault Amphibious Vehicles is considered maintaining a strong and ready self- SUMMARY: The Department of Defense is classified SECRET. defense capability. publishing the unclassified text of an 2. If a technologically advanced The proposed addition of these eleven arms sales notification. adversary were to obtain knowledge of (11) vehicles to Spain’s fleet will afford the hardware and software elements, the FOR FURTHER INFORMATION CONTACT: more flexibility and maintain Spain’s information could be used to develop Karma Job at [email protected] expeditionary capability to counter countermeasures or equivalent systems or (703) 697–8976. regional threats and continue to which might reduce system SUPPLEMENTARY INFORMATION: This enhance stability in the region. Spain effectiveness or be used in the currently operates 19 Assault 36(b)(5)(C) arms sales notification is development of a system with similar or published to fulfill the requirements of Amphibious Vehicles (AAVs) and is advanced capabilities. proficient at using them to their fullest section 155 of Public Law 104–164 3. A determination has been made dated July 21, 1996. The following is a capability. Spain will have no difficulty that the Government of Spain can absorbing these additional vehicles. copy of a letter to the Speaker of the provide substantially the same degree of House of Representatives, Transmittal The proposed sale of this equipment protection for the sensitive technology will not alter the basic military balance 19–0G with attached Policy being released as the U.S. Government. Justification. in the region. This sale is necessary in furtherance of The principal contractor will be BAE the U.S. foreign policy and national Dated: June 7, 2019. Systems, York, Pennsylvania, and security objectives outlined in the Aaron T. Siegel, Anniston, Alabama. There are no known Policy Justification. Alternate OSD Federal Register Liaison offset agreements proposed in 4. All defense articles and services Officer, Department of Defense. connection with this potential sale. listed in this transmittal have been BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:40 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27306 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

BILLING CODE 5001–06–C technical support services, and other radar-guided missile featuring digital Transmittal No. 19-0G related elements of logistics and technology and micro-miniature solid- program support. The estimated total state electronics. AMRAAM capabilities REPORT OF ENHANCEMENT OR cost was $53 million. Major Defense include look-down/shoot-down, UPGRADE OF SENSITIVITY OF Equipment (MDE) constituted $48 multiple launches against multiple TECHNOLOGY OR CAPABILITY (SEC. million of this total. targets, resistance to electronic counter 36(B)(5)(C), AECA) This transmittal notifies an additional measures, and interception of high (i) Purchaser: Royal Kingdom of the one hundred twenty-four (124) AIM-120 flying, low flying, and maneuvering Netherlands. C-7 Advanced Medium Range Air-to-Air targets. The AMRAAM is classified (ii) Sec. 36(b)(1), AECA Transmittal Missiles (AMRAAM) and an additional CONFIDENTIAL, major components No.: 17-46. two (2) AMRAAM Spare Guidance and subsystems range from Sections (both MDE). The inclusion of Date: October 11, 2017 UNCLASSIFIED to CONFIDENTIAL, these items will result in a net increase Military Department: Air Force and technology data and other in MDE cost of $255 million. The total documentation are classified up to (iii) Description: On October 11, 2017, case value will increase to $308 million. SECRET. Congress was notified by Congressional (iv) Significance: This proposed sale (vii) Date Report Delivered to Transmittal Number 17-46, of the will provide the Netherlands with the Congress: April 15, 2019 possible sale under Section 36(b)(1) of equipment necessary to support the [FR Doc. 2019–12372 Filed 6–11–19; 8:45 am] the Arms Export Control Act of twenty- requested F-35A capability during six (26) AIM-120 C-7 Advanced Medium operations. BILLING CODE 5001–06–C Range Air-to-Air Missiles (AMRAAM) (v) Justification: This proposed sale and one (1) AMRAAM Spare Guidance will support the foreign policy and DEPARTMENT OF DEFENSE Section. Also included were twenty (20) national security of the United States by AMRAAM Captive Air Training helping to improve the security of a Office of the Secretary Missiles (CATM), missile containers, NATO ally that continues to be an control section spares, weapon systems important force for political stability [Transmittal No. 19–0C] support, test equipment, spare and and economic progress in Northern repair parts, publications and technical Europe. Arms Sales Notification documentation, personnel training, (vi) Sensitivity of Technology: The training equipment, U.S. Government AIM-120C Advanced Medium Range AGENCY: Defense Security Cooperation and contractor engineering, logistics, Air-to-Air Missile (AMRAAM) is a Agency, Department of Defense.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.001 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27307

ACTION: Arms sales notice. SUPPLEMENTARY INFORMATION: This 19–0C with attached Policy 36(b)(5)(C) arms sales notification is Justification. SUMMARY: The Department of Defense is published to fulfill the requirements of publishing the unclassified text of an Dated: June 7, 2019. section 155 of Public Law 104–164 arms sales notification. Aaron T. Siegel, dated July 21, 1996. The following is a FOR FURTHER INFORMATION CONTACT: Alternate OSD Federal Register Liaison copy of a letter to the Speaker of the Karma Job at [email protected] Officer, Department of Defense. House of Representatives, Transmittal or (703) 697–8976. BILLING CODE 5001–06–P

BILLING CODE 5001–06–C Ground Missiles. This request also due to an increase in the cost of JSOW Transmittal No. 19-0C includes: JSOW integration, captive missiles and support equipment. The flight vehicles, dummy training revised MDE value is $135.4 million REPORT OF ENHANCEMENT OR missiles, missile containers, spare and and the revised total case value is UPGRADE OF SENSITIVITY OF repair parts, support and test $235.4 million. TECHNOLOGY OR CAPABILITY (SEC. equipment, Joint Mission Planning (iv) Significance: This notification 36(B)(5)(C), AECA) System updates, publications and reflects a price increase for JSOW (i) Purchaser: Taipei Economic and technical documentation, personnel Missiles and support. There is an Cultural Representative Office (TECRO) training and training equipment, U.S. increase in MDE value of $39.9 million (ii) Sec. 36(b)(1), AECA Transmittal Government and contractor engineering, due to the increased cost of JSOW and No.: 16-73 technical and logistics support services, an additional increase of $10 million for and other related elements of logistical JSOW support equipment. Date: June 29, 2017 and program support. The estimated (v) Justification: This proposed sale Military Department: Air Force total cost was $185.5 million. Major serves U.S. national, economic, and (iii) Description: On June 29, 2017, Defense Equipment (MDE) constituted security interests by supporting the Congress was notified by Congressional $95.5 million of this total. recipient’s continuing efforts to certification transmittal number 16-73, This transmittal reports a net increase modernize its armed forces and enhance of the possible sale under Section in cost of $49.9 million to the its defensive capability. The proposed 36(b)(1) of the Arms Export Control Act previously notified Congressional sale will help improve the security of of fifty-six (56) AGM-154C JSOW Air-to- certification transmittal number 16-73 the recipient and assist in maintaining

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.004 27308 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

political stability, military balance, and DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: This economic progress within the region. 36(b)(1) arms sales notification is Office of the Secretary (vi) Sensitivity of Technology: The published to fulfill the requirements of statement contained in the original [Transmittal No. 19–13] section 155 of Public Law 104–164 AECA 36(b)(1) transmittal applies to the dated July 21, 1996. The following is a MDE items reported here. Arms Sales Notification copy of a letter to the Speaker of the House of Representatives, Transmittal (vii) Date Report Delivered to AGENCY: Defense Security Cooperation 19–13 with attached Policy Justification Congress: April 15, 2019 Agency, Department of Defense. and Sensitivity of Technology. [FR Doc. 2019–12395 Filed 6–11–19; 8:45 am] ACTION: Arms sales notice. Dated: June 7, 2019. BILLING CODE 5001–06–P SUMMARY: The Department of Defense is publishing the unclassified text of an Aaron T. Siegel, arms sales notification. Alternate OSD Federal Register Liaison Officer, Department of Defense. FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] BILLING CODE 5001–06–P or (703) 697–8976.

BILLING CODE 5001–06–C Transmittal No. 19-13 (ii) Total Estimated Value: Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Major Defense Equipment * $1.054 billion Arms Export Control Act, as amended Other ...... $ .096 billion TOTAL ...... $1.150 billion (i) Prospective Purchaser: Government of Japan

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.007 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27309

(iii) Description and Quantity or capability to assist in defending the reduce weapon system effectiveness or Quantities of Articles or Services under Japanese homeland and U.S. personnel be used in the development of a system Consideration for Purchase: stationed there. Japan will have no with similar or advanced capabilities. Major Defense Equipment (MDE): difficulty absorbing these additional 3. A determination has been made Up to fifty-six (56) Standard Missile- missiles into its armed forces. that Japan can provide substantially the 3 (SM-3) Block IB Missiles The proposed sale of this equipment same degree of protection for the Non-MDE: Also included are missile and support will not alter the basic sensitive technology being released as canisters, U.S. Government and military balance in the region. the U.S. Government. This sale is contractor representatives’ technical The prime contractor for the SM–3 necessary in furtherance of the U.S. assistance, engineering and logistical Block IB All Up Rounds will be foreign policy and national security support services, and other related Raytheon Missile Systems, Tucson, objectives outlined in the Policy elements of logistics and program Arizona. The prime contractor for the Justification. canisters will be BAE Systems, support. 4. All defense articles and services Minneapolis, Minnesota. There are no (iv) Military Department: Navy (JA-P- listed in this transmittal are authorized known offset agreements proposed in ATY) for release and export to the connection with this potential sale. (v) Prior Related Cases, if any: JA-P- Government of Japan. AUA Implementation of this proposed sale (vi) Sales Commission, Fee, etc., Paid, will require annual trips to Japan [FR Doc. 2019–12424 Filed 6–11–19; 8:45 am] Offered, or Agreed to be Paid: None involving U.S. Government and BILLING CODE 5001–06–P (vii) Sensitivity of Technology contractor representatives for technical Contained in the Defense Article or reviews, support, and oversight for DEPARTMENT OF DEFENSE Defense Services Proposed to be Sold: approximately five years. See Attached Annex. There will be no adverse impact on Office of the Secretary (viii) Date Report Delivered to U.S. defense readiness as a result of this Congress: April 9, 2019 proposed sale. [Transmittal No. 19–0F] * As defined in Section 47(6) of the Transmittal No. 19–13 Arms Export Control Act. Arms Sales Notification Notice of Proposed Issuance of Letter of POLICY JUSTIFICATION Offer Pursuant to Section 36(b)(1) of the AGENCY: Defense Security Cooperation Japan—Standard Missile (SM)-3 Block Arms Export Control Act Agency, Department of Defense. IB Annex ACTION: Arms sales notice. The Government of Japan has Item No. vii requested to buy up to fifty-six (56) SUMMARY: The Department of Defense is Standard Missile-3 (SM–3) Block IB (vii) Sensitivity of Technology: 1. The proposed sale will involve the publishing the unclassified text of an missiles. Also included are missile arms sales notification. canisters, U.S. Government and release of sensitive technology to the contractor representatives’ technical Government of Japan related to the FOR FURTHER INFORMATION CONTACT: assistance, engineering and logistical Standard Missile-3 (SM–3): Karma Job at [email protected] support services, and other related The Block IB is an iteration of the or (703) 697–8976. SM–3 family. It has distinct features elements of logistics and program SUPPLEMENTARY INFORMATION: This over the older Block IA variant support. The estimated cost is $1.150 36(b)(5)(C) arms sales notification is previously sold to Japan including an billion. published to fulfill the requirements of enhanced warhead which improves the This proposed sale will support the section 155 of Public Law 104–164 search, discrimination, acquisition and foreign policy and national security of dated July 21, 1996. The following is a tracking functions in order to address the United States by improving the copy of a letter to the Speaker of the emerging threats. Once enclosed in the security of a major ally that is a force for House of Representatives, Transmittal canister, the SM–3 Block IB missile is political stability and economic progress 19–0F with attached Policy Justification. in the Asia-Pacific region. It is vital to classified CONFIDENTIAL. U.S. national interests to assist Japan in 2. If a technologically advanced Dated: June 7, 2019. developing and maintaining a strong adversary were to obtain knowledge of Aaron T. Siegel, and effective self-defense capability. the specific hardware and software Alternate OSD Federal Register Liaison The proposed sale will provide Japan elements, the information could be used Officer, Department of Defense. with increased ballistic missile defense to develop countermeasures that might BILLING CODE 5001–06–P

VerDate Sep<11>2014 18:23 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27310 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Transmittal No. 19-0F Core Modules, 28 Night Vision Devices million. The revised total case value plus 6 spare intensifier tubes, 12 REPORT OF ENHANCEMENT OR will be $482 million. UPGRADE OF SENSITIVITY OF Autonomous Air Combat Maneuvering (iv) Significance: This proposed sale TECHNOLOGY OR CAPABILITY (SEC. Instrumentation P5 pods, a Joint of additional missiles and equipment 36(B)(5)(C), AECA) Mission Planning System, and five years will contribute to the modernization of of follow-on support and sustainment (i) Purchaser: Government of Poland Poland’s F-16 aircraft fleet, enhancing services for Poland’s F-16 fleet, spare its ability to meet current and future (ii) Sec. 36(b)(1), AECA Transmittal and repair parts, support and test No.: 11-54 threats. equipment, publications and technical Date: February 2, 2012 documentation, system overhauls and (v) Justification: Poland is a major Military Department: Navy upgrades, personnel training and NATO ally and a key partner of the (iii) Description: On February 2, 2012, training equipment, U.S. Government United States in ensuring peace and Congress was notified by Congressional and contractor technical support, and stability in Europe. Poland requests certification transmittal number 11-54, other related elements of program these capabilities to provide for the of the possible sale under Section support. The estimated total cost was defense of deployed troops, regional 36(b)(l) of the Arms Export Control Act $447 million. Major Defense Equipment security, and interoperability with the of 93 AIM-9X-2 Sidewinder Block II (MDE) constituted $219 million of this United States. Tactical Missiles, 4 AIM-9X-2 Captive total. Air Training Missiles (CATM), 65 AIM- (vi) Date Report Delivered to 120C-7 Advanced Medium Range Air- This transmittal notifies an additional Congress: April 9, 2019 to-Air Missiles, 42 GBU-49 Enhanced twenty-seven (27) AIM-9X-2 Sidewinder [FR Doc. 2019–12388 Filed 6–11–19; 8:45 am] PAVEWAY II 500 lb Bombs, 200 GBU- Block II Tactical Missiles and eighteen BILLING CODE 5001–06–C 54 (2000 lb) Laser Joint Direct Attack (18) AIM-9X-2 Captive Air Training Munitions (JDAM) Bombs, 642 BLU-111 Missiles (CATM). This notification also (500 lb) General Purpose Bombs, 127 includes twelve (12) AIM-9X Tactical MK-82 (500 lb) General Purpose Bombs, Guidance Units and six (6) AIM-9X 80 BLU-117 (2000 lb) General Purpose CATM Guidance Units. These changes Bombs, 4 MK-84 (2000 lb) Inert General will increase the MDE value by $35 Purpose Bombs, 9 F-100-PW-229 Engine million, for a revised MDE value of $254

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00080 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.003 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27311

DEPARTMENT OF DEFENSE SUMMARY: The Department of Defense is dated July 21, 1996. The following is a publishing the unclassified text of an copy of a letter to the Speaker of the Office of the Secretary arms sales notification. House of Representatives, Transmittal 19–0A with attached Policy [Transmittal No. 19–0A] FOR FURTHER INFORMATION CONTACT: Karma Job at [email protected] Justification. Arms Sales Notification or (703) 697–8976. Dated: June 7, 2019. Aaron T. Siegel, AGENCY: Defense Security Cooperation SUPPLEMENTARY INFORMATION: This Agency, Department of Defense. 36(b)(5)(C) arms sales notification is Alternate OSD Federal Register Liaison published to fulfill the requirements of Officer, Department of Defense. ACTION: Arms sales notice. section 155 of Public Law 104–164 BILLING CODE 5001–06–P

BILLING CODE 5001–06–C Date: May 24, 2016 enclosed, noise-suppressed aircraft jet Transmittal No. 19-0A Military Department: Navy engine testing facility) support services, (iii) Description: On May 24, 2016, and Liaison Office Support for the REPORT OF ENHANCEMENT OR Government of Kuwait F/A-18 C/D UPGRADE OF SENSITIVITY OF Congress was notified by Congressional program. This will include F/A-18 TECHNOLOGY OR CAPABILITY (SEC. certification transmittal number 16-16 of avionics software upgrades, engine 36(B)(5)(C), AECA) the possible sale under Section 36(b)(1) of the Arms Export Control Act of component improvements, ground (i) Purchaser: Government of Kuwait continuation of contractor engineering support equipment, engine and aircraft (ii) Sec. 36(b)(1), AECA Transmittal technical services, contractor spares and repair parts, publications No.: 16-16 maintenance services, Hush House (an and technical documentation,

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.000 27312 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Engineering Change Proposals (ECP), friendly country that is an important ACTION: Arms sales notice. U.S. Government and contractor force for political stability and economic programmatic, financial, and logistics progress in the Middle East. Kuwait SUMMARY: The Department of Defense is support. Also included are: plays a large role in U.S. efforts to publishing the unclassified text of an Maintenance and engineering support, advance stability in the Middle East, arms sales notification. F404 engine and engine test cell providing basing, access, and transit for support, and Liaison Office support for U.S. forces in the region. FOR FURTHER INFORMATION CONTACT: five (5) Kuwait Liaison Offices. The (vi) Sensitivity of Technology: The Karma Job at [email protected] estimated total cost was $420 million. statement contained in the original or (703) 697–8976. There is no Major Defense Equipment AECA 36(b)(1) transmittal applies to the SUPPLEMENTARY INFORMATION: This (MDE) associated with this possible MDE items reported here. 36(b)(5)(C) arms sales notification is sale. (vii) Date Report Delivered to published to fulfill the requirements of This transmittal reports the extension Congress: April 15, 2019. of the Period of Performance of all of the section 155 of Public Law 104–164 [FR Doc. 2019–12370 Filed 6–11–19; 8:45 am] dated July 21, 1996. The following is a above items from 2021 to 2023 and BILLING CODE 5001–06–P increases the total estimated cost by copy of a letter to the Speaker of the $380 million to $800 million. There is House of Representatives, Transmittal no MDE associated. DEPARTMENT OF DEFENSE 18–0F with attached Policy Justification. (iv) Significance: The proposed sale of Dated: June 7, 2019. support services will enable the Kuwait Office of the Secretary Aaron T. Siegel, Air Force to ensure the reliability and performance of its F/A-18 C/D aircraft. [Transmittal No. 18–0F] Alternate OSD Federal Register Liaison Officer, Department of Defense. (v) Justification: This proposed sale Arms Sales Notification will contribute to the foreign policy and BILLING CODE 5001–06–P national security of the United States by AGENCY: Defense Security Cooperation helping to improve the security of a Agency, Department of Defense.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27313

BILLING CODE 5001–06–C Navigation System (INS) (EGI) w/ program support. The estimated cost Transmittal No. 18–0F Standard Positioning Service (SPS) was $912 million. Major Defense (including three (3) spares), twelve (12) Equipment (MDE) constituted $491 Report of Enhancement or Upgrade of Joint Mission Planning Systems, twelve million of this total. Sensitivity of Technology or Capability (12) M197 20mm gun systems, thirty This transmittal reports the addition (Sec. 36(B)(5)(C), AECA) (30) Tech Refresh Mission Computers, of operational weapons to include one (i) Purchaser: Government of Bahrain. fourteen (14) AN/AAQ–30 Target Sight hundred forty-four (144) AGM–114 (ii) Sec. 36(b)(1), AECA Transmittal Systems, twenty six (26) Helmet Hellfire Missiles; twelve (12) M36E9 No.: 16–36. Mounted Display/Optimized Top Owl, Hellfire Captive Air Training Missiles Date: April 27, 2018 communication equipment, electronic (CATM); twelve (12) M34 Hellfire Military Department: Navy warfare systems, fifteen (15) APX–117 dummy missiles; six hundred two (602) (iii) Description: On April 27, 2018, Identification Friend or Foe (IFF), Advance Precision Kill Weapon System Congress was notified by Congressional fifteen (15) AN/AAR–47 Missile II (APKWS–II) WGU–59B Guidance certification transmittal number 16–36 Warning Systems, fifteen (15) AN/ALE– Sections; eight hundred twenty-six (826) of the possible sale under Section 47 Countermeasure Dispenser Sets, MK–66 rocket motors; eight hundred 36(b)(1) of the Arms Export Control Act fifteen (15) APR–39C(V)2 Radar twenty-six (826) MK–152 rocket of twelve (12) AH–1Z Attack Warning Receivers, support equipment, warheads; fifty-six hundred (5,600) Helicopters; twenty-six (26) T–700 GE spare engine containers, spare and rounds of PGU–27 20mm ammunition; 401C Engines (twenty-four (24) installed repair parts, tools and test equipment, Operational chaff, Decoy Flares, and and two (2) spares); fourteen (14) AGM– technical data and publications, Impulse Cartridges. The total notified 114 Hellfire Missiles; fifty-six (56) personnel training and training MDE value will increase by $42 million Advance Precision Kill Weapon System equipment, U.S. government and to $533 million, and the total notified II (APKWS–II) WGU–59B; fifteen (15) contractor engineering, technical, and case value will be $960 million. Honeywell Embedded Global logistics support services, and other (iv) Significance: This proposed sale Positioning System (GPS) Inertial related elements of logistics and of operational weapons will contribute

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES EN12JN19.002 27314 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

to Bahrain’s ability to use their AH–1Z’s childhood, educational, and Service (FRS), toll free, at 1–800–877– for defense and participation in employment outcomes and raise 8339. coalition operations, and enhance its expectations for all people with SUPPLEMENTARY INFORMATION: interoperability with the United States disabilities, their families, their and NATO members. communities, and the Nation. As such, Full Text of Announcement (v) Justification: This proposed sale the Department of Education I. Funding Opportunity Description will support the foreign policy and (Department) is issuing a notice inviting national security of the United States by applications for new awards for fiscal Purpose of Program: The purposes of helping to improve the security of a year (FY) 2019 for Personnel this program are to (1) help address Major Non-NATO Ally in developing Development to Improve Services and State-identified needs for personnel and maintaining a strong and ready self- Results for Children with Disabilities— preparation in special education, early defense capability. This proposed sale Doctoral Training Consortia Associated intervention, related services, and will enhance U.S. national security with High-Intensity Needs, Catalog of regular education to work with children, objectives in the region. Federal Domestic Assistance (CFDA) including infants and toddlers, with (vi) Sensitivity of Technology number 84.325H. This notice relates to disabilities; and (2) ensure that those 1. The AGM–114 Hellfire II Semi- the approved information collection personnel have the necessary skills and Active Laser (SAL) Missiles are rail- under OMB control number 1820–0028. knowledge, derived from practices that launched guided missiles developed have been determined through DATES: and produced by Lockheed Martin. The scientifically based research and guidance system employs a SAL seeker. Applications Available: June 12, 2019. experience, to be successful in serving The SAL missile homes in on the laser Deadline for Transmittal of those children. energy reflected off a target that has Applications: July 29, 2019. Priorities: This competition includes been illuminated by a laser designator. Pre-Application Webinar Information: one absolute priority and three The laser can be on either the launch No later than June 17, 2019, OSERS will competitive preference priorities. In platform or another platform that can be post pre-recorded informational accordance with 34 CFR 75.105(b)(2)(v), separated from it by several kilometers. webinars designed to provide technical the absolute priority and competitive The target sets are armor, bunkers, assistance to interested applicants. The preference priorities are from allowable caves, enclosures, boats, and enemy webinars may be found at www2.ed.gov/ activities specified in sections 662 and personnel. The weapon system fund/grant/apply/osep/new-osep- 681 of the Individuals with Disabilities hardware, as an ‘‘All Up Round,’’ is grants.html. Education Act (IDEA) (20 U.S.C. 1462 UNCLASSIFIED. The highest level of Pre-Application Q & A Blog: No later and 1481). classified information to be disclosed than June 17, 2019, OSERS will open a Absolute Priority: For FY 2019 and regarding the AGM–114 Hellfire II blog where interested applicants may any subsequent year in which we make missile software is SECRET. The highest post questions about the application awards from the list of unfunded level of classified information that could requirements for this competition and applications from this competition, this be disclosed by a proposed sale or by where OSERS will post answers to the priority is an absolute priority. Under 34 testing of the end item is SECRET and questions received. OSERS will not CFR 75.105(c)(3), we consider only the highest level that must be disclosed respond to questions unrelated to the applications that meet this priority. for production, maintenance, or training application requirements for this This priority is: Doctoral Training Consortia is CONFIDENTIAL. competition. The blog may be found at 2. The APKWS is a low-cost semi- www2.ed.gov/fund/grant/apply/osep/ Associated with High-Intensity Needs. Background: The purpose of this active laser guidance kit developed by new-osep-grants.html and will remain competition is to support three doctoral BAE Systems, which converts unguided open until July 1, 2019. After the blog training consortia that will prepare 2.75 inch (70 mm) rockets into precision closes, applicants should direct leaders with highly specialized skills, laser-guided rockets. The classification questions to the person listed under FOR knowledge, and expertise to address the is up to SECRET. FURTHER INFORMATION CONTACT. needs of children, including infants, (vii) Date Report Delivered to Deadline for Intergovernmental toddlers, and youth (referred to as Congress: April 15, 2019. Review: September 25, 2019. ‘‘children’’ hereafter), with disabilities [FR Doc. 2019–12379 Filed 6–11–19; 8:45 am] ADDRESSES: For the addresses for with high-intensity needs. Each training BILLING CODE 5001–06–P obtaining and submitting an consortium will prepare special application, please refer to our Common education, early intervention, or related Instructions for Applicants to services personnel who are well- DEPARTMENT OF EDUCATION Department of Education Discretionary qualified for, and can act effectively in, Grant Programs, published in the leadership positions as researchers and Applications for New Awards; Federal Register on February 13, 2019 preparers of special education, early Personnel Development To Improve (84 FR 3768), and available at intervention, or related services Services and Results for Children With www.govinfo.gov/content/pkg/FR-2019- personnel in institutions of higher Disabilities—Doctoral Training 02-13/pdf/2019-02206.pdf. education (IHEs), or as leaders in Consortia Associated With High- FOR FURTHER INFORMATION CONTACT: traditional and non-traditional public Intensity Needs Celia Rosenquist, U.S. Department of school systems such as State AGENCY: Office of Special Education and Education, 400 Maryland Avenue SW, educational agencies (SEAs), charter Rehabilitative Services, Department of Room 5158, Potomac Center Plaza, management organizations (CMOs), Education. Washington, DC 20202–5076. charter school authorizers, lead agencies ACTION: Notice. Telephone: (202) 245–7373. Email: (LAs), local educational agencies [email protected]. (LEAs), private school networks, SUMMARY: The mission of the Office of If you use a telecommunications parochial schools, early intervention Special Education and Rehabilitative device for the deaf (TDD) or a text services (EIS) programs, or schools. This Services (OSERS) is to improve early telephone (TTY), call the Federal Relay priority is consistent with three

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27315

priorities included in the Secretary’s knowledge, skills, and expertise are that focuses on disabilities associated Final Supplemental Priorities and needed to effectively address the with intensive service needs has not yet Definitions for Discretionary Grant complexity of issues that children with ended, preliminary data suggest Programs (Supplemental Priorities) (83 disabilities with high-intensity needs scholars are making timely progress; FR 9096). Specifically, the priority is may have; prepare educators with the contributing to the field through consistent with Supplemental Priority specialized knowledge and skills to presentations, publications, course 2—Promoting Innovation and deliver effective intensive materials, and other scholarly activities Efficiency, Streamlining Education with individualized intervention; and inform on improving outcomes for children an Increased Focus on Improving how intervention and services can best with disabilities who have intensive Student Outcomes, and Providing be coordinated to address these needs in service needs; and engaging in Increased Value to Students and different educational settings. collaborative projects across Taxpayers; Supplemental Priority 5— There is a well-documented need for institutions. Additional information Meeting the Unique Needs of Students leadership personnel to fill faculty and about the consortia and the scholars is and Children With Disabilities and/or leadership positions in special located at the following websites: Those with Unique Gifts and Talents; education, early intervention, and www.nlcsdproject.org/ and http:// and Supplemental Priority 8— related services (Castillo, Curtis, & Tan, nclii.org/. Promoting Effective Instruction in 2014; Montrosse & Young, 2012; Robb, Each training consortium will prepare Classrooms and Schools. Smith, & Montrosse, 2012; Smith, doctoral-level leaders with the Leadership personnel play an Montrosse, Robb, Tyler, & Young, 2011; knowledge, skills, and expertise needed essential role in promoting high Smith, Robb, West, & Tyler, 2010; to deliver effective intensive expectations for each child with a Woods & Snyder, 2009). However, few individualized intervention for children disability and provide, or prepare others university programs include specialized with disabilities with high-intensity to provide, effective interventions and training to address the needs of children needs; prepare educators with the services that improve outcomes for with disabilities with high-intensity specialized knowledge and skills to children, including infants, toddlers, needs, and those programs usually have deliver effective, intensive and youth with disabilities. Children a small number of faculty members, and individualized intervention; and inform with disabilities with high-intensity sometimes just one. how intervention and services can best needs refers to children with a complex The lack of faculty in high-need areas be coordinated to address these needs in array of disabilities (e.g., multiple limits the number of future leaders and different educational settings. The disabilities, significant cognitive other educators (e.g., teachers) that can consortia will prepare leaders who can disabilities, significant physical be prepared, restricts the curriculum act effectively in leadership positions in disabilities, significant sensory and diversity of opportunities in universities, traditional and non- disabilities, significant autism, preparation programs, and impacts the traditional public school systems such significant emotional disabilities, or capacity of the field to advance the as SEAs, CMOs, charter school significant learning disabilities, knowledge base of effective intervention authorizers, LAs, LEAs, private school including dyslexia) or the needs of and services needed to serve children networks, parochial schools, EIS children with these disabilities with disabilities with high-intensity programs, or schools. requiring intensive, individualized needs. Priority interventions (i.e., interventions that are A doctoral training consortium specifically designed to address approach can address the need for The purpose of the Doctoral Training persistent learning or behavior preparing future leadership personnel in Consortia Associated with High- difficulties, implemented with greater high-need areas. OSEP has funded Intensity Needs priority is to increase frequency and for a duration that is doctoral training consortia in sensory the number of highly skilled doctoral more extended than is commonly disabilities (blind and visually leaders by funding three cooperative available in a typical classroom or early impaired, deaf-blind, and deaf and hard agreements to support three doctoral intervention setting, or which require of hearing) since 2004 and a consortium training consortia to prepare leaders in personnel to have knowledge and skills that focuses on disabilities associated special education, early intervention, in identifying and implementing with academic and behavior-intensive and related services to address the multiple evidence-based 1 service needs since 2014. needs of children with disabilities with interventions). An initial evaluation of the 2004, high-intensity needs. Gaps in the knowledge base of 2009, and 2014 sensory consortia This priority will provide support to effective interventions and a shortage of indicates the success of the approach in help address identified needs for educators with specialized preparation preparing future leaders. For example, a leadership personnel with the can negatively affect the quality of majority of the scholars completed their knowledge and skills to establish and services provided to children with high- programs in a timely manner, are meet high expectations for each child intensity needs (e.g., Bruce & Borders, working in the field as faculty or in with a disability. To be considered for 2015; Farmer et al., 2016; Guralnick, other leadership positions, and made funding under this absolute priority, 2017; Lemons, Vaughn, Wexler, Kearns, contributions to the field through program applicants must meet the & Sinclair, 2018; Roberts & Kaiser, 2015; presentations and publications on application requirements contained in Browder, Wood, Thompson, & Ribuffo, improving outcomes and services for this priority. All projects funded under 2014; Zwaigenbaum et al., 2015). children with sensory disabilities. this absolute priority also must meet the Leadership personnel who have the Scholars, after completing their doctoral programmatic and administrative degrees, have also received research and requirements specified in the priority. 1 For the purposes of this priority, ‘‘evidence- personnel preparation grants to improve Note: Doctoral training consortia that based’’ means, at a minimum, evidence that interventions and services as well as lead to clinical doctoral degrees in demonstrates a rationale (as defined in 34 CFR grants to prepare personnel to address related services (e.g., a Doctor of 77.1), where a key project component included in the project’s logic model is informed by research or the needs of children with sensory Audiology degree or Doctor of Physical evaluation findings that suggest the project disabilities (Kruemmeling, Hayes, & Therapy degree) are not included in this component is likely to improve relevant outcomes. Smith, 2017). Although the consortium priority. These types of training

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27316 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

programs are eligible to apply for consortium and by completing the underrepresented in the teaching funding under the Personnel university’s program of study relate to profession, including individuals with Preparation in Special Education, Early the knowledge and skills needed by the disabilities; and Intervention, and Related Services leadership personnel the applicant (iii) The approach the applicant will priority (CFDA 84.325K) that OSEP proposes to prepare. A proposed use to help all scholars, including intends to fund in FY 2019. consortium must ensure that all scholars individuals with disabilities, complete Note: Applicants must demonstrate enrolled participate in and complete, in matching support for the proposed addition to the scholar’s university the program; and project at 10 percent of the total amount program of study, a unique consortium (2) The project is designed to promote of the grant as specified in paragraph curriculum designed to supplement and the acquisition of the competencies (d)(15) of the requirements of this enhance each university’s program of needed by leadership personnel to priority for an application to be study by providing academic and promote high expectations and provide, reviewed and be considered eligible to professional opportunities and prepare others to provide, or supervise receive an award. instruction. To address this the provision of, effective interventions To meet the requirements of this requirement, the applicant must— and services that improve outcomes for priority, an applicant must— (i) Identify the competencies needed children with disabilities with high- (a) Demonstrate, in the narrative by leadership personnel in intensity needs. To address this section of the application under postsecondary instruction, requirement, the applicant must— ‘‘Significance,’’ how— administration, policy development, (1) The project addresses the need for professional practice, leadership, or (i) Describe how the components of leadership personnel to promote high research in order to provide, prepare the project, such as the consortium expectations and provide, or prepare others to provide, or supervise the curriculum, work-based experiences others to provide, or supervise the provision of, effective interventions and aligned with project components (e.g., provision of, effective interventions and services that improve outcomes for internships, current employment), services that improve outcomes for children with disabilities with high- research requirements, and other children with disabilities with high- intensity needs; and opportunities provided to scholars to intensity needs. To address this (ii) Provide the conceptual framework analyze data, critique research and requirement, the applicant must that will promote the acquisition of the methodologies, and practice newly present— identified competencies needed by acquired knowledge and skills, will (i) Appropriate and applicable leadership personnel, including enable the scholars to acquire the national data demonstrating the need for knowledge of technologies designed to competencies needed by leadership the leadership personnel the applicant provide instruction, and how these personnel for postsecondary instruction, proposes to prepare or, in cases where competencies relate to the consortium’s administration, policy development, national data are not available, State, specialized preparation area. For more regional, district, or local data information on conceptual frameworks, professional practice, leadership, or demonstrating the need; and please see www.osepideasthatwork.org/ research in special education, early (ii) Data demonstrating the potential resources-grantees/program-areas/ta-ta/ intervention, or related services; success of the project in producing tad-project-logic-model-and-conceptual- (ii) Describe how the components of leaders in special education, early framework. the consortium curriculum are intervention, or related services, such as (b) Demonstrate, in the narrative integrated within and across the the professional accomplishments of section of the application under individual university program curricula each individual consortium university’s ‘‘Quality of project services,’’ how— in order to support the acquisition and program graduates (e.g., public service, (1) The project will recruit and enhancement of the identified awards, or publications) who support a minimum of 28 high-quality competencies needed by leadership scholars.2 Consortium scholars must be demonstrate their leadership in special personnel in special education, early education, early intervention, or related first-time enrollees in a doctoral training intervention, or related services, services; the success of program program in special education, early including knowledge of technologies graduates as preparers of teachers, intervention, or related service areas designed to provide instruction; service providers, or administrators, (with the exception of clinical including any results from evaluating doctorates). The narrative must (iii) Describe how the components of the impact of those teachers, service describe— the project prepare scholars to promote providers, or administrators on the (i) The selection criteria the applicant high expectations and to provide, outcomes of children with disabilities; will use to identify high-quality prepare others to provide, or supervise the average amount of time it takes for applicants for admission in the the provision of, effective interventions program graduates to complete the consortium; and services that improve outcomes for program; the number of program (ii) The recruitment strategies the children with disabilities with high- graduates; and the percentage of applicant will use to attract high-quality intensity needs in a variety of applicants and any specific recruitment program graduates finding employment educational or early childhood and strategies targeting high-quality directly related to their preparation; and early intervention settings; Note: Data on each individual applicants from groups that are consortium university’s program should (iv) Describe how the project will be no older than five years prior to the 2 For the purposes of this priority, ‘‘scholar’’ is provide scholars with high-quality limited to an individual who (a) is pursuing a work-based experiences (e.g., start date of the project proposed in the doctoral degree related to special education, early application. When reporting intervention, or related services; (b) receives internships, current employment) in a percentages, the denominator (i.e., the scholarship assistance as authorized under section public, non-traditional public, total number of scholars or program 662 of IDEA (34 CFR 304.3(g)); and (c) will be able parochial, or private partnering agency, to be employed in a position that serves children school, or program that includes a high- graduates) must be provided. with disabilities for either 51 percent of their time (2) The competencies each scholar or case load. See https://pdp.ed.gov/OSEP/Home/ acquires by participating in the Regulation for more information.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27317

need LEA,3 a high-poverty school,4 a the acquisition of the competencies (iii) Fiscal management; school implementing a comprehensive identified in paragraph (a)(2)(i). (iv) Measurement and reporting of support and improvement plan,5 a (c) Demonstrate, in the narrative scholar progress; school implementing a targeted support section of the application under (v) Contingency planning in case of and improvement plan 6 for children ‘‘Quality of the project evaluation,’’ how scholar or consortium faculty losses; with disabilities, an early childhood and the applicant will— (vi) Governance of the consortium; early intervention program located (1) Evaluate how well the goals or and within the geographical boundaries of a objectives of the proposed project have (vii) Sustainability plan; high-need LEA, or an early childhood been met. The applicant must describe (4) Ensure that all scholars recruited and early intervention program located the outcomes to be measured for both into the consortium can graduate from within the geographical boundaries of the project and the scholars, particularly the program by the end of the project an LEA serving the highest percentage the acquisition of scholars’ period. The described scholar of schools identified for comprehensive competencies and their impact on the recruitment strategies, including support and improvement or services provided by future teachers, recruitment of individuals with implementing targeted support and service providers, or administrators, and disabilities, the program components improvement plans in the State; must describe the evaluation and their sequence, and proposed (v) Describe how the project will methodologies to be employed, budget must be consistent with this partner with diverse stakeholders to including proposed instruments, data requirement; inform project components; collection methods, and possible (5) Ensure scholars will not be (vi) Describe how the project will use analyses; selected based on race or national resources, as appropriate, available (2) Collect, analyze, and use data on origin/ethnicity. Per the Supreme through technical assistance centers, current scholars and scholars who Court’s decision in Adarand which may include centers funded by graduate from the program to improve Constructors, Inc. v. Pena, 515 U.S. 200 the Department; the proposed program on an ongoing (1995), the Department does not allow (vii) Describe the approach that basis; the selection of individuals on the basis faculty members will use to mentor (3) Develop a plan, to be refined and of race or national origin/ethnicity. For scholars with the goal of helping them finalized in collaboration with the other this reason, grantees must ensure that acquire competencies needed by consortia, to evaluate the consortium any discussion of the recruitment of leadership personnel and advancing model; scholars based on race or national their careers in special education, early (4) Develop a plan to disseminate origin/ethnicity distinguishes between intervention, or related services; and project outcomes, including the increasing the pool of applicants and (viii) Describe how the project is consortium structure and program actually selecting scholars; designed to ensure that scholars have components critical to attaining positive (6) Ensure that the project will meet opportunities to work with faculty and scholar competencies; the requirements in 34 CFR 304.23, scholars from other universities within (5) Dedicate sufficient resources particularly those related to (a) the consortium on research and toward revising, refining, and informing all scholarship recipients of analytical projects in order to support conducting evaluation activities; and their service obligation commitment; (6) Report the evaluation results to and (b) disbursing scholarships. Failure 3 For the purposes of this priority, ‘‘high-need OSEP in the applicant’s annual and by a grantee to properly meet these LEA’’ means an LEA (a) that serves not fewer than requirements is a violation of the grant 10,000 children from families with incomes below final performance reports. the poverty line; or (b) for which not less than 20 (d) Demonstrate, in the narrative award that may result in sanctions, percent of the children served by the LEA are from under ‘‘Required Project Assurances’’ or including the grantee being liable for families with incomes below the poverty line. appendices, that the following program returning any misused funds to the 4 For the purposes of this priority, ‘‘high-poverty requirements are met. The applicant Department; school’’ means a school in which at least 50 percent of students are from low-income families as must— (7) Ensure that prior approval from determined using one of the measures of poverty (1) Ensure that the consortium is the OSEP project officer will be specified under section 1113(a)(5) of the Elementary comprised of at least six IHEs with obtained before admitting additional and Secondary Education Act of 1965, as amended existing doctoral programs that will scholars beyond the number of scholars (ESEA). For middle and high schools, eligibility may be calculated on the basis of comparable data prepare scholars for leadership proposed in the application; from feeder schools. Eligibility as a high-poverty positions to address the needs of (8) Ensure that scholars are full-time, school is determined on the basis of the most children with disabilities with high- reside in close proximity to the currently available data. intensity needs; university, and remain active in their 5 For the purposes of this priority, ‘‘school (2) Include at least one doctoral degree programs until completion of implementing a comprehensive support and improvement plan’’ is a school identified for preparation program that has not their degrees or until grant funding comprehensive support and improvement by the received funding under CFDA number ends; State under section 1111(c)(4)(D) of the ESEA that 84.325D or CFDA number 84.325H at (9) Ensure that at least 65 percent of includes (a) not less than the lowest-performing 5 any point in the preceding five fiscal the total budget over the project period percent of all schools receiving funds under title I, will be used for scholar support; part A of the ESEA; (b) all public high schools in years (i.e., FY 2014–FY 2018); the State failing to graduate one third or more of (3) Establish policies, procedures, (10) Ensure that the IHE will not their students; and (c) public schools in the State standards, and guidelines for the work require scholars enrolled in the program described under section 1111(d)(3)(A)(i)(II) of the of the consortium, in consultation with to work (e.g., as graduate assistants) as ESEA. a condition of receiving support (e.g., 6 and approved by the OSEP project For the purposes of this priority, ‘‘school tuition, stipends) from the proposed implementing a targeted support and improvement officer prior to implementation, in the plan’’ means a school identified for targeted support following areas: project, unless the work is specifically and improvement by a State that has developed and (i) Recruitment and selection of related to the acquisition of scholars’ is implementing a school-level targeted support and scholars who will be supported by the competencies or the requirements for improvement plan to improve student outcomes completion of their personnel based on the indicators in the statewide consortium; accountability system as defined in section (ii) Distribution of tuition and preparation program. This prohibition 1111(d)(2) of the ESEA. stipends among participating scholars; on work as a condition of receiving

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27318 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

support does not apply to the service normally considers an indirect cost Note: For additional information obligation requirements in section should not be counted as a direct cost regarding group applications, refer to 34 662(h) of IDEA; for the purposes of meeting matching CFR 75.127, 75.128, and 75.129. (11) Ensure that annual data will be support. Specifically, in accordance Competitive Preference Priorities: submitted on each scholar who receives with 2 CFR 200.306(c), unrecovered Within this absolute priority, we give grant support (OMB Control Number indirect costs cannot be used to meet competitive preference to applications 1820–0686). The primary purposes of the non-Federal matching support. that address the following priorities. the data collection are to track the Under 2 CFR 200.434, third-party in- Under 34 CFR 75.105(c)(2)(i), we service obligation fulfillment of scholars kind contributions are services or award an additional three points to an who receive funds from OSEP grants property (e.g., land, buildings, application that meets Competitive and to collect data for program equipment, materials, supplies) that are Preference Priority 1; up to an performance measure reporting under contributed by a non-Federal third party additional five points to an application, the Government Performance and at no charge to the grantee; depending on how well the application Results Act of 1993 (GPRA). Applicants (16) Ensure that the project director, meets Competitive Preference Priority 2; are encouraged to visit the Personnel key personnel, and scholars will and an additional two points to an Development Program Data Collection actively participate in the cross-project application that meets Competitive System (DCS) website at https:// collaboration, advanced trainings, and Preference Priority 3. Applicants should pdp.ed.gov/osep for further information cross-site learning opportunities (e.g., indicate in the abstract if one, two, or all about this data collection requirement. webinars, briefings) supported by OSEP. three competitive preference priorities Typically, data collection begins in This network is intended to promote are addressed. January of each year, and grantees are opportunities for participants to share These priorities are: notified by email about the data resources and generate new knowledge Competitive Preference Priority 1 (0 or collection period for their grant, by addressing topics of common interest 3 points). although grantees may submit data as to participants across projects including Background: needed, year-round. This data collection Department priorities and needs in the Under this competitive preference must be submitted electronically by the field; priority, we will award three grantee and does not supplant the (17) Ensure the project will establish competitive preference points to a annual grant performance report project that proposes a doctoral training required of each grantee for and maintain a website containing relevant information and documents consortium that prepares leadership continuation funding (see 34 CFR personnel who will address the needs of 75.590). Data collection includes the relating to the participating universities and faculty, components of the children who are deaf and hard of submission of a signed, completed Pre- hearing with high-intensity needs. Scholarship Agreement and Exit consortium curriculum, and scholar accomplishments. The project’s website Shortages in leadership personnel that Certification for each scholar funded have the skills, knowledge, and under an OSEP grant (see paragraph (6) must be of high quality, with an easy- to-navigate design, that meets expertise to address the needs of of this section); children who are deaf and hard of (12) Ensure that scholar government or industry-recognized hearing have been documented (e.g., accomplishments (e.g., publications, standards for accessibility; Benedict, Johnson, & Antia, 2011). The awards) will be reported in annual and (18) Ensure that annual progress lack of leadership personnel (e.g., final performance reports; toward meeting project goals is posted faculty) has been stated to be a (13) Ensure that the project will meet on the project website or university contributing factor to the decline in the the statutory requirements in section website; number of preparation programs that 662(e) through (h) of IDEA; (19) Ensure that the budget includes (14) Ensure that the project will be prepare personnel to address the needs attendance by the project director at a of children who are deaf and hard of operated in a manner consistent with three-day project directors’ meeting in nondiscrimination requirements hearing (Benedict et al., 2011; Johnson, Washington, DC, during each year of the 2013), and some States do not have contained in the U.S. Constitution and project. The budget should also provide the Federal civil rights laws; programs (C. Howley, Howley, & Telfer, for the attendance of scholars at the 2017). Another concern is that the (15) Demonstrate, in the budget three-day project directors’ meeting in information (ED Form 524, Section B) shortage of leadership personnel will Washington, DC, at least once during limit the field in advancing the and budget narrative, matching support the project period; for the proposed project at least 10 knowledge base of effective percent of the total amount of the grant. (20) Ensure that the budget includes interventions and services for this Applicants must propose the amount of two in-person meetings for project population (Benedict et al., 2011). cash or in-kind resources; scholars and faculty each year of the Priority: Note: Under 34 CFR 75.562, project. Meetings may be scheduled to A doctoral training consortium that educational training grants under this coincide with a professional conference prepares leadership personnel who will program have an 8 percent limit on or meeting but must include designated address the needs of children who are indirect costs. The difference between a time for a meeting of project scholars deaf and hard of hearing with high- grantee’s negotiated indirect cost rate and faculty; and intensity needs. and the 8 percent limit cannot be used (21) Ensure that each university To meet the competitive preference to meet this requirement. program in the consortium dedicates priority, a project must— Matching support can be either cash sufficient resources (e.g., personnel, (a) Establish a consortium comprised or in-kind donations. Under 2 CFR budget) to provide financial oversight of IHEs with existing doctoral programs 200.306, a cash expenditure or outlay of and monitoring of project funds as that prepare scholars to work as cash with respect to the matching established by the policies, procedures, doctoral-level leaders in addressing the budget by the grantee is considered a standards, and guidelines of the needs of children who are deaf and hard cash contribution. However, certain consortium (see paragraph (3) of this of hearing with high-intensity needs; cash contributions that the organization section). and

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27319

(b) Address in the project narrative Schools, 51, 832–849. Waiver of Proposed Rulemaking: how the opportunities provided to Farmer, T.W., Sutherland, K.S., Talbott, E., Under the Administrative Procedure Act scholars through the consortium Brooks, D.S., Norwalk, K., & Huneke, M. (APA) (5 U.S.C. 553) the Department activities will promote the competencies (2016). Special educators as intervention generally offers interested parties the specialists: Dynamic systems and the needed to further advance the field on complexity of intensifying intervention opportunity to comment on proposed effective interventions and services to for students with emotional and priorities. Section 681(d) of IDEA, address the needs of children who are behavioral disorders. Journal of however, makes the public comment deaf or hard of hearing, including those Emotional and Behavioral Disorders, 24, requirements of the APA inapplicable to with high-intensity needs. 173–186. the priorities in this notice. Note: We will award competitive Guralnick, M.J. (2017). Early intervention for children with intellectual disabilities: Program Authority: 20 U.S.C. 1462 and preference points under Competitive 1481. Preference Priority 1 to not more than An update. Journal of Applied Research in Intellectual Disabilities, 30, 211–229. one application. The application that Howley, C., Howley, A., & Telfer, D. (2017). Applicable Regulations: (a) The addresses this competitive preference National provisions for certification and Education Department General priority and receives the highest score professional preparation in low- Administrative Regulations in 34 CFR based on the selection criteria will be incidence sensory disabilities: A 50-State parts 75, 77, 79, 81, 82, 84, 86, 97, 98, awarded an additional three points. study. American Annals of the Deaf, 162, and 99. (b) The Office of Management Competitive Preference Priority 2 (Up 277–294. and Budget Guidelines to Agencies on to 5 points). Johnson, H.A. (2013). Initial and ongoing Governmentwide Debarment and An application that demonstrates teacher preparation and support: Current Suspension (Nonprocurement) in 2 CFR problems and possible solutions. part 180, as adopted and amended as matching support for the proposed American Annals of the Deaf, 157, 439– project at— 449. regulations of the Department in 2 CFR (a) 20 percent of the requested Federal Kruemmling, B., Hayes, H., & Smith, D.W. part 3485. (c) The Uniform award (1 point); (2017). Enriching doctoral-level Administrative Requirements, Cost (b) 40 percent of the total amount of preparation programs through a Principles, and Audit Requirements for the requested Federal award (2 points); nationwide consortium model: The Federal Awards in 2 CFR part 200, as (c) 60 percent of the total amount of national leadership consortium in adopted and amended as regulations of the requested Federal award (3 points); sensory disabilities. Journal of Visual the Department in 2 CFR part 3474. (d) (d) 80 percent of the total amount of Impairment & Blindness, 111, 557–567. The regulations for this program in 34 the requested Federal award (4 points); Lemons, C.J., Vaughn, S., Wexler, J., Kearns, CFR part 304. D.M., & Sinclair, A.C. (2018). or Envisioning an improved continuum of Note: The regulations in 34 CFR part (e) 100 percent of the total amount of special education services for students 86 apply to IHEs only. the requested Federal award (5 points). with learning disabilities: Considering II. Award Information Competitive Preference Priority 3 (0 or intervention intensity. Learning 2 points). Disabilities Research & Practice, 33, 131– Type of Award: Cooperative Applicants that propose projects that 143. agreements. include at least two doctoral preparation Montrosse, B.E., & Young, C.J. (2012). Market Estimated Available Funds: programs that have not received funding demand for special education faculty. $3,900,000. under CFDA number 84.325D or CFDA Teacher Education and Special Contingent upon the availability of Education, 35, 140–153. funds and the quality of applications, number 84.325H at any point in the Robb, S.M., Smith, D.D., & Montrosse, B.E. preceding five fiscal years (i.e., FY we may make additional awards in FY (2012). A context of the demand for 2020 from the list of unfunded 2014–FY 2018). special education faculty: A study of applications from this competition. References special education teacher preparation programs. Teacher Education and Estimated Range of Awards: Benedict, K.M., Johnson, H., & Antia, S.D. Special Education, 35, 128–139. $1,100,000–$1,300,000 per year. (2011). Faculty needs, doctoral Roberts, M.Y., & Kaiser, A.P. (2015). Early Estimated Average Size of Awards: preparation, and the future of teacher intervention for toddlers with language $1,200,000 per year. preparation programs in the education of delays: A randomized controlled trial. Maximum Award: We will not make deaf and hard of hearing students. Pediatrics, 135, 686–693. an award exceeding $1,300,000 for a American Annals of the Deaf, 156, 35– Smith, D.D., Montrosse, B.E., Robb, S.M., single budget period of 12 months. 46. Tyler, N.C., & Young, C. (2011). Estimated Number of Awards: 3. Browder, D.M., Wood, L., Thompson, J., & Assessing trends in leadership: Special Note: The Department is not bound by Ribuffo, C. (2014). Evidence-based education’s capacity to produce a highly any estimates in this notice. practices for students with severe qualified workforce. Claremont, CA: disabilities (Document No. IC–3). IRIS@CGU, Claremont Graduate Project Period: Up to 60 months. Retrieved from University of Florida, University. III. Eligibility Information Collaboration for Effective Educator, Smith, D.D., Robb, S.M., West, J., & Tyler, Development, Accountability, and N.C. (2010). The changing education 1. Eligible Applicants: IHEs and Reform Center website: http:// landscape: How special education private nonprofit organizations. ceedar.education.ufl.edu/tool/ leadership preparation can make a 2. Cost Sharing or Matching: Cost innovation-configurations/. difference for teachers and their students sharing or matching is required for this Bruce, S.M., & Borders, C. (2015). with disabilities. Teacher Education and competition. Communication and language in learners Special Education, 33, 25–43. 3. Subgrantees: A grantee under this who are deaf and hard of hearing with Woods, J., & Snyder, P. (2009). competition may not award subgrants to disabilities: Theories, research, and Interdisciplinary doctoral leadership entities to directly carry out project practice. American Annals of the Deaf, training in early intervention. Infants & 160, 368–384. Young Children, 22(1), 32–34. activities described in its application. Castillo, J.M., Curtis, M.J., & Tan, S.Y. (2014). Zwaigenbaum, L., Bauman, M.L., Choueiri, Under 34 CFR 75.708(e), a grantee may Personnel needs in school psychology: A R., Kasari, C., Carter, A., Granpeesheh, contract for supplies, equipment, and 10-year follow-up study on predicted D., . . . Natowicz, M.R. (2015). other services in accordance with 2 CFR personnel shortages. Psychology in the Pediatrics, 136, S60–S81. part 200.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27320 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

4. Other General Requirements: (a) narrative budget justification; Part IV, (1) The Secretary considers the Recipients of funding under this the assurances and certifications; or the quality of the evaluation to be competition must make positive efforts abstract (follow the guidance provided conducted of the proposed project. to employ and advance in employment in the application package for (2) In determining the quality of the qualified individuals with disabilities completing the abstract), the table of evaluation, the Secretary considers the (see section 606 of IDEA). contents, the list of priority following factors: (b) Applicants for, and recipients of, requirements, the resumes, the reference (i) The extent to which the methods funding must, with respect to the list, the letters of support, or the of evaluation are thorough, feasible, and aspects of their proposed project appendices. However, the appropriate to the goals, objectives, and relating to the absolute priority, involve recommended page limit does apply to outcomes of the proposed project; individuals with disabilities, or parents all of the application narrative, (ii) The extent to which the goals, of individuals with disabilities ages including all text in charts, tables, objectives, and outcomes to be achieved birth through 26, in planning, figures, graphs, and screen shots. by the proposed project are clearly specified and measurable; implementing, and evaluating the V. Application Review Information project (see section 682(a)(1)(A) of (iii) The extent to which the methods IDEA). 1. Selection Criteria: The selection of evaluation include the use of criteria for this competition are from 34 objective performance measures that are IV. Application and Submission CFR 75.210 and are as follows: clearly related to the intended outcomes Information (a) Significance (10 points). of the project and will produce 1. Application Submission (1) The Secretary considers the quantitative and qualitative data to the Instructions: Applicants are required to significance of the proposed project. extent possible; and follow the Common Instructions for (2) In determining the significance of (iv) The extent to which the methods Applicants to Department of Education the proposed project, the Secretary of evaluation will provide timely Discretionary Grant Programs, considers the following factors: guidance for quality assurance. (i) The extent to which the proposed published in the Federal Register on (d) Quality of the management plan project will prepare personnel for fields February 13, 2019 (84 FR 3768), and and adequacy of resources (20 points). in which shortages have been available at www.govinfo.gov/content/ (1) The Secretary considers the demonstrated; quality of the management plan and the pkg/FR-2019-02-13/pdf/2019-02206.pdf, (ii) The importance or magnitude of which contain requirements and adequacy of resources for the proposed the results or outcomes likely to be project. information on how to submit an attained by the proposed project; and application. (2) In determining the quality of the (iii) The extent to which there is a management plan and the adequacy of 2. Intergovernmental Review: This conceptual framework underlying the competition is subject to Executive resources, the Secretary considers the proposed research or demonstration following factors: Order 12372 and the regulations in 34 activities and the quality of that CFR part 79. Information about (i) The qualifications, including framework. relevant training and experience, of key Intergovernmental Review of Federal (b) Quality of project services (45 Programs under Executive Order 12372 project personnel; points). (ii) The adequacy of the management is in the application package for this (1) The Secretary considers the plan to achieve the objectives of the competition. quality of the services to be provided by proposed project on time and within 3. Funding Restrictions: We reference the proposed project. regulations outlining funding (2) In determining the quality of the budget, including clearly defined restrictions in the Applicable services to be provided by the proposed responsibilities, timelines, and Regulations section of this notice. project, the Secretary considers the milestones for accomplishing project 4. Recommended Page Limit: The quality and sufficiency of strategies for tasks; application narrative (Part III of the ensuring equal access and treatment for (iii) The extent to which the time application) is where you, the applicant, eligible project participants who are commitments of the project director and address the selection criteria that members of groups that have principal investigator and other key reviewers use to evaluate your traditionally been underrepresented project personnel are appropriate and application. We recommend that you (1) based on race, color, national origin, adequate to meet the objectives of the limit the application narrative to no gender, age, or disability. proposed project; more than 50 pages and (2) use the (3) In addition, the Secretary (iv) The adequacy of support, following standards: considers the following factors: including facilities, equipment, • A ‘‘page’’ is 8.5″ x 11″, on one side (i) The extent to which the training or supplies, and other resources, from the only, with 1″ margins at the top, bottom, professional development services to be applicant organization or the lead and both sides. provided by the proposed project are of applicant organization; and • Double-space (no more than three sufficient quality, intensity, and (v) The extent to which the budget is lines per vertical inch) all text in the duration to lead to improvements in adequate to support the proposed application narrative, including titles, practice among the recipients of those project. headings, footnotes, quotations, services; 2. Review and Selection Process: We reference citations, and captions, as well (ii) The extent to which the proposed remind potential applicants that in as all text in charts, tables, figures, activities constitute a coherent, reviewing applications in any graphs, and screen shots. sustained program of training in the discretionary grant competition, the • Use a font that is 12 point or larger. field; and Secretary may consider, under 34 CFR • Use one of the following fonts: (iii) The extent to which the services 75.217(d)(3), the past performance of the Times New Roman, Courier, Courier to be provided by the proposed project applicant in carrying out a previous New, or Arial. reflect up-to-date knowledge from award, such as the applicant’s use of The recommended page limit does not research and effective practice. funds, achievement of project apply to Part I, the cover sheet; Part II, (c) Quality of the project evaluation objectives, and compliance with grant the budget section, including the (25 points). conditions. The Secretary may also

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27321

consider whether the applicant failed to an award. In doing so, we must consider plan can be developed and submitted submit a timely performance report or any information about you that is in the after your application has been submitted a report of unacceptable integrity and performance system reviewed and selected for funding. For quality. (currently referred to as the Federal additional information on the open In addition, in making a competitive Awardee Performance and Integrity licensing requirements please refer to 2 grant award, the Secretary requires Information System (FAPIIS)), CFR 3474.20. various assurances, including those accessible through the System for 4. Reporting: (a) If you apply for a applicable to Federal civil rights laws Award Management. You may review grant under this competition, you must that prohibit discrimination in programs and comment on any information about ensure that you have in place the or activities receiving Federal financial yourself that a Federal agency necessary processes and systems to assistance from the Department (34 CFR previously entered and that is currently comply with the reporting requirements 100.4, 104.5, 106.4, 108.8, and 110.23). in FAPIIS. in 2 CFR part 170 should you receive 3. Additional Review and Selection Please note that, if the total value of funding under the competition. This Process Factors: In the past, the your currently active grants, cooperative does not apply if you have an exception Department has had difficulty finding agreements, and procurement contracts under 2 CFR 170.110(b). peer reviewers for certain competitions from the Federal Government exceeds (b) At the end of your project period, because so many individuals who are $10,000,000, the reporting requirements you must submit a final performance eligible to serve as peer reviewers have in 2 CFR part 200, Appendix XII, report, including financial information, conflicts of interest. The standing panel require you to report certain integrity as directed by the Secretary. If you requirements under section 682(b) of information to FAPIIS semiannually. receive a multiyear award, you must IDEA also have placed additional Please review the requirements in 2 CFR submit an annual performance report constraints on the availability of part 200, Appendix XII, if this grant that provides the most current reviewers. Therefore, the Department plus all the other Federal funds you performance and financial expenditure has determined that for some receive exceed $10,000,000. information as directed by the Secretary discretionary grant competitions, under 34 CFR 75.118. The Secretary applications may be separated into two VI. Award Administration Information may also require more frequent or more groups and ranked and selected 1. Award Notices: If your application performance reports under 34 CFR for funding within specific groups. This is successful, we notify your U.S. 75.720(c). For specific requirements on procedure will make it easier for the Representative and U.S. Senators and reporting, please go to www.ed.gov/ Department to find peer reviewers by send you a Grant Award Notification fund/grant/apply/appforms/ ensuring that greater numbers of (GAN); or we may send you an email appforms.html. individuals who are eligible to serve as containing a link to access an electronic reviewers for any particular group of version of your GAN. We may notify 5. Performance Measures: Under applicants will not have conflicts of you informally, also. GPRA, the Department has established a interest. It also will increase the quality, If your application is not evaluated or set of performance measures, including independence, and fairness of the not selected for funding, we notify you. long-term measures, that are designed to review process, while permitting panel 2. Administrative and National Policy yield information on the quality of the members to review applications under Requirements: We identify Personnel Development to Improve discretionary grant competitions for administrative and national policy Services and Results for Children with which they also have submitted requirements in the application package Disabilities program. These measures applications. and reference these and other include: (1) The percentage of 4. Risk Assessment and Specific requirements in the Applicable preparation programs that incorporate Conditions: Consistent with 2 CFR Regulations section of this notice. scientifically or evidence-based 200.205, before awarding grants under We reference the regulations outlining practices into their curricula; (2) the this competition the Department the terms and conditions of an award in percentage of scholars completing conducts a review of the risks posed by the Applicable Regulations section of preparation programs who are applicants. Under 2 CFR 3474.10, the this notice and include these and other knowledgeable and skilled in evidence- Secretary may impose specific specific conditions in the GAN. The based practices for children with conditions and, in appropriate GAN also incorporates your approved disabilities; (3) the percentage of circumstances, high-risk conditions on a application as part of your binding scholars who exit preparation programs grant if the applicant or grantee is not commitments under the grant. prior to completion due to poor financially stable; has a history of 3. Open Licensing Requirements: academic performance; (4) the unsatisfactory performance; has a Unless an exception applies, if you are percentage of scholars completing financial or other management system awarded a grant under this competition, preparation programs who are working that does not meet the standards in 2 you will be required to openly license in the area(s) in which they were CFR part 200, subpart D; has not to the public grant deliverables created prepared upon program completion; and fulfilled the conditions of a prior grant; in whole, or in part, with Department (5) the Federal cost per scholar who or is otherwise not responsible. grant funds. When the deliverable completed the preparation program. 5. Integrity and Performance System: consists of modifications to pre-existing In addition, the Department will If you are selected under this works, the license extends only to those gather information on the following competition to receive an award that modifications that can be separately outcome measures: (1) The percentage over the course of the project period identified and only to the extent that of scholars who completed the may exceed the simplified acquisition open licensing is permitted under the preparation program and are employed threshold (currently $250,000), under 2 terms of any licenses or other legal in high-need districts; (2) the percentage CFR 200.205(a)(2) we must make a restrictions on the use of pre-existing of scholars who completed the judgment about your integrity, business works. Additionally, a grantee that is preparation program and are employed ethics, and record of performance under awarded competitive grant funds must in the field of special education for at Federal awards—that is, the risk posed have a plan to disseminate these public least two years; and (3) the percentage by you as an applicant—before we make grant deliverables. This dissemination of scholars who completed the

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27322 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

preparation program and who are rated your search to documents published by controls such facilities in the United effective by their employers. the Department. States,’’ that it ‘‘does not own, operate or control any electric generation assets, Grantees may be asked to participate Johnny W. Collett, nor is it affiliated with any entity that in assessing and providing information Assistant Secretary for Special Education and on these aspects of program quality. Rehabilitative Services. owns generation assets in the United States,’’ and that ‘‘neither [the [FR Doc. 2019–12317 Filed 6–11–19; 8:45 am] 6. Continuation Awards: In making a Applicant] nor any of its affiliates holds continuation award under 34 CFR BILLING CODE 4000–01–P a franchise or service territory for the 75.253, the Secretary considers, among transmission, distribution or sale of other things: Whether a grantee has electric power.’’ The electric energy that made substantial progress in achieving DEPARTMENT OF ENERGY the Applicant proposes to export to the goals and objectives of the project; [OE Docket No. EA–295–C] Canada would be surplus energy whether the grantee has expended funds purchased from third parties such as in a manner that is consistent with its Application To Export Electric Energy; electric utilities and Federal power approved application and budget; and, Merrill Lynch Commodities, Inc. marketing agencies pursuant to if the Secretary has established AGENCY: Office of Electricity. voluntary agreements. The existing performance measurement international transmission facilities to ACTION: Notice of application. requirements, the performance targets in be utilized by the Applicant have the grantee’s approved application. SUMMARY: Merrill Lynch Commodities, previously been authorized by In making a continuation award, the Inc. (Applicant or MLCI) has applied to Presidential permits issued pursuant to Secretary also considers whether the renew its authorization to transmit Executive Order 10485, as amended, grantee is operating in compliance with electric energy from the United States to and are appropriate for open access the assurances in its approved Canada pursuant to the Federal Power transmission by third parties. application, including those applicable Act. Procedural Matters: Any person to Federal civil rights laws that prohibit DATES: Comments, protests, or motions desiring to be heard in this proceeding discrimination in programs or activities to intervene must be submitted on or should file a comment or protest to the receiving Federal financial assistance before July 12, 2019. application at the address provided from the Department (34 CFR 100.4, ADDRESSES: Comments, protests, above. Protests should be filed in 104.5, 106.4, 108.8, and 110.23). motions to intervene, or requests for accordance with Rule 211 of the Federal Energy Regulatory Commission’s (FERC) VII. Other Information more information should be addressed to: Office of Electricity, Mail Code: OE– Rules of Practice and Procedure (18 CFR Accessible Format: Individuals with 20, U.S. Department of Energy, 1000 385.211). Any person desiring to disabilities can obtain this document Independence Avenue SW, Washington, become a party to this proceeding and a copy of the application package in DC 20585–0350. Because of delays in should file a motion to intervene at the an accessible format (e.g., braille, large handling conventional mail, it is above address in accordance with FERC print, audiotape, or compact disc) by recommended that documents be Rule 214 (18 CFR 385.214). Five (5) copies of such comments, protests, or contacting the Management Support transmitted by overnight mail, by motions to intervene should be sent to Services Team, U.S. Department of electronic mail to Electricity.Exports@ the address provided above on or before Education, 400 Maryland Avenue SW, hq.doe.gov, or by facsimile to 202–586– 8008. the date listed above. Room 5074A, Potomac Center Plaza, Washington, DC 20202–2500. SUPPLEMENTARY INFORMATION: The Comments and other filings Telephone: (202) 245–7363. If you use a Department of Energy (DOE) regulates concerning MLCI’s application to export TDD or a TTY, call the FRS, toll free, at exports of electricity from the United electric energy to Canada should be States to a foreign country, pursuant to 1–800–877–8339. clearly marked with OE Docket No. EA– sections 301(b) and 402(f) of the 295–C. An additional copy is to be Electronic Access to This Document: Department of Energy Organization Act provided directly to Merida de la Pen˜ a, The official version of this document is (42 U.S.C. 7151(b) and 7172(f)). Such Merrill Lynch Commodities, Inc., 20 E. the document published in the Federal exports require authorization under Greenway Plaza, Suite 700, Houston, Register. You may access the official section 202(e) of the Federal Power Act Texas 77046. edition of the Federal Register and the (16 U.S.C. 824a(e)). A final decision will be made on this Code of Federal Regulations at On October 2, 2014, DOE issued application after the environmental www.govinfo.gov. At this site you can Order No. EA–295–B, which authorized impacts have been evaluated pursuant MLCI to transmit electric energy from view this document, as well as all other to DOE’s National Environmental Policy the United States to Canada as a power documents of this Department Act Implementing Procedures (10 CFR marketer for a five-year term using published in the Federal Register, in part 1021) and after DOE determines existing international transmission text or Portable Document Format that the proposed action will not have (PDF). To use PDF you must have facilities. That authorization expires on October 5, 2019. On June 3, 2019, MLCI an adverse impact on the sufficiency of Adobe Acrobat Reader, which is supply or reliability of the U.S. electric available free at the site. filed an application with DOE for renewal of the export authorization power supply system. You may also access documents of the contained in Order No. EA–295–B for an Copies of this application will be Department published in the Federal additional five-year term. made available, upon request, for public Register by using the article search In its application, the Applicant states inspection and copying at the address feature at www.federalregister.gov. that it does not ‘‘own, operate or control provided above, by accessing the Specifically, through the advanced any electric power transmission or program website at http://energy.gov/ search feature at this site, you can limit distribution facilities nor is it affiliated node/11845, or by emailing Angela Troy with an entity that owns, operates or at [email protected].

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27323

Signed in Washington, DC, on June 6, Federal Energy Regulatory Commission, Description: Joint Petition for 2019. 888 First Street NE, Washington, DC Temporary Waiver of Commission Christopher Lawrence, 20426. Policies, Capacity Release Regulations, Management and Program Analyst, This filing is accessible on-line at et al. of GenOn REMA, LLC, et al. under Transmission Permitting and Technical http://www.ferc.gov, using the eLibrary RP19–1307. Assistance, Office of Electricity. link and is available for review in the Filed Date: 6/5/19. [FR Doc. 2019–12386 Filed 6–11–19; 8:45 am] Commission’s Public Reference Room in Accession Number: 20190605–5102. BILLING CODE 6450–01–P Washington, DC. There is an Comments Due: 5 p.m. ET 6/12/19. eSubscription link on the website that Docket Numbers: RP19–1308–000. enables subscribers to receive email Applicants: Transcontinental Gas DEPARTMENT OF ENERGY notification when a document is added Pipe Line Company, LLC. to a subscribed docket(s). For assistance Description: § 4(d) Rate Filing: Rate Federal Energy Regulatory with any FERC Online service, please Schedule S–2 Tracking Filing eff June 1, Commission email [email protected], or 2019 to be effective 6/1/2019. [Docket No. EL19–79–000] call (866) 208–3676 (toll free). For TTY, Filed Date: 6/5/19. call (202) 502–8659. Accession Number: 20190605–5116. LSP Transmission Holdings II, LLC, Comment Date: 5 p.m. Eastern Time Comments Due: 5 p.m. ET 6/17/19. Cardinal Point Electric, LLC, LS Power on June 25, 2019. Docket Numbers: RP19–1309–000. Midcontinent, LLC v. Midcontinent Dated: June 6, 2019. Applicants: Trailblazer Pipeline Independent System Operator, Inc.; Kimberly D. Bose, Company LLC. Notice of Complaint Secretary. Description: § 4(d) Rate Filing: Neg Take notice that on June 5, 2019, [FR Doc. 2019–12398 Filed 6–11–19; 8:45 am] Rate 2019–06–05 Castleton to be effective 6/5/2019. pursuant to sections 206, 306 and 309 BILLING CODE 6717–01–P of the Federal Power Act 16 U.S.C. 824e, Filed Date: 6/5/19. 825e and 825h and Rule 206 of the Accession Number: 20190605–5135. Federal Energy Regulatory DEPARTMENT OF ENERGY Comments Due: 5 p.m. ET 6/17/19. Commission’s (Commission) Rules of The filings are accessible in the Practice and Procedure, 18 CFR 385.206, Federal Energy Regulatory Commission’s eLibrary system by LSP Transmission Holdings II, LLC, Commission clicking on the links or querying the Cardinal Point Electric, LLC and LS docket number. Power Midcontinent, LLC (collectively, Combined Notice of Filings Any person desiring to intervene or LS Power or Complainants) filed a Take notice that the Commission has protest in any of the above proceedings formal complaint against Midcontinent received the following Natural Gas must file in accordance with Rules 211 Independent System Operator, Inc. Pipeline Rate and Refund Report filings: and 214 of the Commission’s (MISO or Respondent) requesting that Regulations (18 CFR 385.211 and the Commission direct MISO to make Filings Instituting Proceedings 385.214) on or before 5:00 p.m. Eastern modifications to its transmission Docket Numbers: RP19–1304–000. time on the specified comment date. planning process, all as more fully Applicants: Midcontinent Express Protests may be considered, but explained in the complaint. Pipeline LLC. intervention is necessary to become a LS Power certifies that copies of the Description: Compliance filing Enable party to the proceeding. Complaint were served on the contacts Oklahoma Lease Changes to be effective eFiling is encouraged. More detailed for MISO as listed on the Commission’s 6/1/2019. information relating to filing list of Corporate Officials. Filed Date: 6/5/19. requirements, interventions, protests, Any person desiring to intervene or to Accession Number: 20190605–5039. service, and qualifying facilities filings protest this filing must file in Comments Due: 5 p.m. ET 6/17/19. can be found at: http://www.ferc.gov/ accordance with Rules 211 and 214 of Docket Numbers: RP19–1305–000. docs-filing/efiling/filing-req.pdf. For the Commission’s Rules of Practice and Applicants: Texas Eastern other information, call (866) 208–3676 Procedure (18 CFR 385.211 and Transmission, LP. (toll free). For TTY, call (202) 502–8659. 385.214). Protests will be considered by Description: § 4(d) Rate Filing: Dated: June 6, 2019. the Commission in determining the Cleanup—Remove NC Agreement Kimberly D. Bose, appropriate action to be taken, but will K870274 to be effective 7/5/2019. not serve to make protestants parties to Filed Date: 6/5/19. Secretary. the proceeding. Any person wishing to Accession Number: 20190605–5043. [FR Doc. 2019–12401 Filed 6–11–19; 8:45 am] become a party must file a notice of Comments Due: 5 p.m. ET 6/17/19. BILLING CODE 6717–01–P intervention or motion to intervene, as Docket Numbers: RP19–1306–000. appropriate. The Respondents’ answers Applicants: Texas Eastern DEPARTMENT OF ENERGY and all interventions, or protests must Transmission, LP. be filed on or before the comment date. Description: § 4(d) Rate Filing: Federal Energy Regulatory The Respondents’ answers, motions to Negotiated Rates—ConocoPhillips Commission intervene, and protests must be served releases eff 6–6–19 to be effective 6/6/ on the Complainant. 2019. Combined Notice of Filings #1 The Commission encourages Filed Date: 6/5/19. electronic submissions of protests and Accession Number: 20190605–5067. Take notice that the Commission interventions in lieu of paper using the Comments Due: 5 p.m. ET 6/17/19. received the following electric rate ‘‘eFiling’’ link at http://www.ferc.gov. Docket Numbers: RP19–1307–000. filings: Persons unable to file electronically Applicants: GenOn REMA, LLC, Docket Numbers: ER10–2398–008; should submit an original and 5 copies Gilbert Power, LLC, Shawville Power, ER10–2399–008; ER10–2405–008; of the protest or intervention to the LLC. ER10–2406–009; ER10–2407–006;

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27324 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

ER10–2409–008; ER10–2410–008; Description: § 205(d) Rate Filing: Filed Date: 6/6/19. ER10–2411–009; ER10–2412–009; Revision to SDGE FERC Electric Tariff Accession Number: 20190606–5046. ER10–2414–011; ER10–2424–006; Volume 10 to be effective 8/4/2019. Comments Due: 5 p.m. ET 6/27/19. ER10–2425–008; ER11–2935–010; Filed Date: 6/5/19. Docket Numbers: ER19–2063–000. ER13–1816–011; ER14–1933–008; Accession Number: 20190605–5130. Applicants: AEP Texas Inc. ER16–1724–005; ER17–1315–005; Comments Due: 5 p.m. ET 6/26/19. Description: § 205(d) Rate Filing: ER17–1316–003; ER17–2087–003; Docket Numbers: ER19–2055–000. AEPTX-Horse Hollow Wind I GIA 1st ER18–1186–003; ER18–1189–003. Applicants: PJM Interconnection, Amend and Restated to be effective 5/ Applicants: Blackstone Wind Farm, L.L.C. 22/2019. LLC, Blackstone Wind Farm II LLC, Description: Tariff Cancellation: Filed Date: 6/6/19. Headwaters Wind Farm LLC, High Notice of Cancellation of WMPA SA No. Accession Number: 20190606–5053. Prairie Wind Farm II, LLC, High Trail 4503; Queue No. AB1–166 to be Comments Due: 5 p.m. ET 6/27/19. Wind Farm, LLC, Hog Creek Wind effective 7/22/2019. Docket Numbers: ER19–2064–000. Project, LLC, Lost Lakes Wind Farm Filed Date: 6/5/19. Applicants: AEP Texas Inc. LLC, Meadow Lake Wind Farm LLC, Accession Number: 20190605–5131. Description: § 205(d) Rate Filing: Meadow Lake Wind Farm II LLC, Comments Due: 5 p.m. ET 6/26/19. AEPTX-Horse Hollow Wind III GIA 1st Amend & Restated to be effective 5/22/ Meadow Lake Wind Farm III LLC, Docket Numbers: ER19–2056–000. 2019. Meadow Lake Wind Farm IV LLC, Applicants: Avista Corporation. Filed Date: 6/6/19. Meadow Lake Wind Farm V LLC, Description: § 205(d) Rate Filing: Meadow Lake Wind Farm VI LLC, Old Accession Number: 20190606–5054. Avista Corp Clearwater Energy LGIA RS Comments Due: 5 p.m. ET 6/27/19. Trail Wind Farm, LLC, Paulding Wind T1153 to be effective 6/5/2019. Docket Numbers: ER19–2065–000. Farm II LLC, Paulding Wind Farm III Filed Date: 6/6/19. Applicants: Midcontinent LLC, Pioneer Prairie Wind Farm I, LLC, Accession Number: 20190606–5000. Independent System Operator, Inc., Quilt Block Wind Farm LLC, Rail Comments Due: 5 p.m. ET 6/27/19. Ameren Illinois Company. Splitter Wind Farm, LLC, Sustaining Docket Numbers: ER19–2057–000. Power Solutions LLC, Turtle Creek Description: § 205(d) Rate Filing: Applicants: Portland General Electric 2019–06–06_SA 2026 Ameren-Hannibal Wind Farm LLC. Company. Description: Notice of Non-Material 2nd Rev WDS to be effective 8/1/2019. Description: § 205(d) Rate Filing: Filed Date: 6/6/19. Change in Status of Blackstone Wind Clearwater Energy Resources LLC LGIA Farm, LLC, et al. Accession Number: 20190606–5069. to be effective 5/21/2019. Comments Due: 5 p.m. ET 6/27/19. Filed Date: 6/6/19. Filed Date: 6/6/19. Docket Numbers: ER19–2066–000. Accession Number: 20190606–5073. Accession Number: 20190606–5001. Comments Due: 5 p.m. ET 6/27/19. Applicants: Southwest Power Pool, Comments Due: 5 p.m. ET 6/27/19. Inc. Docket Numbers: ER19–1428–001. Docket Numbers: ER19–2059–000. Description: § 205(d) Rate Filing: Applicants: ISO New England Inc. Applicants: Southwest Power Pool, Revisions to Attachmen W to Update Description: Tariff Amendment: ISO– Inc. Index of Grandfathered Agreements to NE Response to Req. for Add’l. Description: § 205(d) Rate Filing: be effective 8/5/2019. Information Re: Inventoried Energy 1976R8 FreeState Electric Cooperative, Filed Date: 6/6/19. Program to be effective 5/28/2019. Inc. NITSA and NOA to be effective 9/ Accession Number: 20190606–5080. Filed Date: 6/6/19. 1/2019. Comments Due: 5 p.m. ET 6/27/19. Accession Number: 20190606–5047. Filed Date: 6/6/19. The filings are accessible in the Comments Due: 5 p.m. ET 6/27/19. Accession Number: 20190606–5034. Commission’s eLibrary system by Docket Numbers: ER19–2052–000. Comments Due: 5 p.m. ET 6/27/19. clicking on the links or querying the Applicants: NorthWestern Docket Numbers: ER19–2060–000. docket number. Corporation, Avista Corporation, Puget Applicants: PJM Interconnection, Any person desiring to intervene or Sound Energy, Inc., PacifiCorp, Portland L.L.C. protest in any of the above proceedings General Electric Company. Description: § 205(d) Rate Filing: must file in accordance with Rules 211 Description: § 205(d) Rate Filing: RS Original WMPA SA No. 5413; Queue and 214 of the Commission’s 325—LGIA between Colstrip No. AD2–210 to be effective 5/10/2019. Regulations (18 CFR 385.211 and Transmission Owners and Clearwater Filed Date: 6/6/19. 385.214) on or before 5:00 p.m. Eastern Energy to be effective 5/21/2019. Accession Number: 20190606–5040. time on the specified comment date. Filed Date: 6/5/19. Comments Due: 5 p.m. ET 6/27/19. Protests may be considered, but Accession Number: 20190605–5117. Docket Numbers: ER19–2061–000. intervention is necessary to become a Comments Due: 5 p.m. ET 6/26/19. Applicants: Southwest Power Pool, party to the proceeding. eFiling is encouraged. More detailed Docket Numbers: ER19–2053–000. Inc. information relating to filing Applicants: Southwestern Public Description: § 205(d) Rate Filing: requirements, interventions, protests, Service Company. 2881R8 City of Chanute, KS NITSA service, and qualifying facilities filings Description: § 205(d) Rate Filing: NOA to be effective 9/1/2019. can be found at: http://www.ferc.gov/ SPS–GSEC–Op Agrmt for Load Interupt Filed Date: 6/6/19. docs-filing/efiling/filing-req.pdf. For Equip—691–NOC to be effective 6/25/ Accession Number: 20190606–5041. other information, call (866) 208–3676 2019. Comments Due: 5 p.m. ET 6/27/19. (toll free). For TTY, call (202) 502–8659. Filed Date: 6/5/19. Docket Numbers: ER19–2062–000. Accession Number: 20190605–5118. Applicants: AEP Texas Inc. Dated: June 6, 2019. Comments Due: 5 p.m. ET 6/26/19. Description: § 205(d) Rate Filing: Kimberly D. Bose, Docket Numbers: ER19–2054–000. AEPTX-Callahan Wind Divide Secretary. Applicants: San Diego Gas & Electric Interconnection Agreement First Amend [FR Doc. 2019–12400 Filed 6–11–19; 8:45 am] Company. and Restated to be effective 5/22/2019. BILLING CODE 6717–01–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00094 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27325

DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator Status

AES ES Gilbert, LLC ...... [EG19–63–000 Canal 3 Generating LLC ...... EG19–64–000 Sage Solar I LLC ...... EG19–65–000 Sage Solar II LLC ...... EG19–66–000 Sage Solar III LLC ...... EG19–67–000 Windhub Solar B, LLC ...... EG19–68–000 Glaciers Edge Wind Project, LLC ...... EG19–69–000 Buckleberry Solar, LLC ...... EG19–70–000 CCP–PL Lessee III, LLC ...... EG19–71–000 Endeavor Wind I, LLC ...... EG19–72–000 Endeavor Wind II, LLC ...... EG19–73–000 AES Lawai Solar, LLC ...... EG19–74–000 Karankawa Wind, LLC ...... EG19–75–000 Mohawk Solar LLC ...... EG19–76–000 PPM Roaring Brook, LLC ...... EG19–77–000 Montague Wind Power Facility, LLC ...... EG19–78–000 Otter Creek Wind Farm LLC ...... EG19–79–000 La Joya Wind, LLC ...... EG19–80–000 High Lonesome Mesa Wind, LLC ...... EG19–81–000 225DD 8me LLC ...... EG19–82–000 FirstLight CT Housatonic LLC ...... EG19–83–000 FirstLight CT Hydro LLC ...... EG19–84–000 FirstLight MA Hydro LLC ...... EG19–85–000 Northfield Mountain LLC ...... EG19–86–000 AES Alamitos Energy, LLC ...... EG19–87–000 AES Huntington Beach Energy, LLC ...... EG19–88–000 Griffin Trail Wind, LLC; ...... EG19–89–000]

Take notice that during the month of certification for the Kilarc-Cow Creek Washington, DC. There is an May 2019, the status of the above- Project under Section 401 of the Clean eSubscription link on the website that captioned entities as Exempt Wholesale Water Act, 33 U.S.C. 1341(a)(1), as more enables subscribers to receive email Generators became effective by fully explained in the petition. notification when a document is added operation of the Commission’s Any person desiring to intervene or to to a subscribed docket(s). For assistance regulations. 18 CFR 366.7(a) (2018). protest this filing must file in with any FERC Online service, please accordance with Rules 211 and 214 of Dated: June 6, 2019. email [email protected], or the Commission’s Rules of Practice and Kimberly D. Bose, call (866) 208–3676 (toll free). For TTY, Procedure, 18 CFR 385.211, 385.214. call (202) 502–8659. Secretary. Protests will be considered by the Comment Date: 5 p.m. Eastern Time [FR Doc. 2019–12399 Filed 6–11–19; 8:45 am] Commission in determining the on June 21, 2019. BILLING CODE 6717–01–P appropriate action to be taken, but will Dated: June 6, 2019. not serve to make protestants parties to the proceeding. Any person wishing to Kimberly D. Bose, DEPARTMENT OF ENERGY become a party must file a notice of Secretary. intervention or motion to intervene, as [FR Doc. 2019–12402 Filed 6–11–19; 8:45 am] Federal Energy Regulatory appropriate. Such notices, motions, or BILLING CODE 6717–01–P Commission protests must be filed on or before the [Project No. 606–027] comment date. Anyone filing a motion to intervene or protest must serve a copy DEPARTMENT OF ENERGY Pacific Gas and Electric Company; of that document on the Petitioner. Federal Energy Regulatory Notice of Petition for Declaratory Order The Commission encourages electronic submission of protests and Commission Take notice that on May 15, 2019, interventions in lieu of paper using the [Project No. 2114–303] Pacific Gas and Electric Company eFiling link at http://www.ferc.gov. (PG&E or Petitioner), applicant for the Persons unable to file electronically Public Utility District No. 2 of Grant Kilarc-Cow Creek Project No. 606, filed should submit an original and 5 copies County, Washington; Notice of a petition for declaratory order (petition) of the protest or intervention to the Application Accepted for Filing, pursuant to Rule 207(a)(2) of the Federal Federal Energy Regulatory Commission, Soliciting Comments, Motions To Energy Regulatory Commission’s Rules 888 First Street NE, Washington, DC Intervene, and Protests of Practice and Procedure, 18 CFR 20426. 385.207(a)(2). PG&E requests that the This filing is accessible on-line at Take notice that the following Commission declare that the California http://www.ferc.gov, using the eLibrary hydroelectric application has been filed State Water Resources Control Board link and is available for review in the with the Commission and is available has waived its authority to issue a Commission’s Public Reference Room in for public inspection.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27326 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

a. Type of Application: Application dam, and structurally connected to the with the requirements of 18 CFR for Non-capacity Amendment. existing embankment. This embankment 385.2001 through 385.2005. All b. Project No.: 2114–303. would also include a new, comments, motions to intervene, or c. Date Filed: May 17, 2019, and approximately 2,200-foot-long roller- protests must set forth their evidentiary supplemented on June 5, 2019. compacted concrete dam; and an basis. Any filing made by an intervenor d. Applicant: Public Utility District approximately 150-foot-long, 25-foot- must be accompanied by proof of No. 2 of Grant County, Washington high secant pile cutoff wall and service on all persons listed in the (Grant PUD). connecting embankment. The existing service list prepared by the Commission e. Name of Project: Priest Rapids embankment would remain in place. in this proceeding, in accordance with Hydroelectric Project. Grant PUD says the proposed 18 CFR 385.2010. f. Location: The proposed action is amendment would not affect normal located on the mid-Columbia River in Dated: June 6, 2019. dam operations. Kimberly D. Bose, Yakima County, Washington. l. Locations of the Application: A g. Filed Pursuant to: Federal Power copy of the application is available for Secretary. Act, 16 U.S.C. 791–825r. inspection and reproduction at the [FR Doc. 2019–12403 Filed 6–11–19; 8:45 am] h. Applicant Contact: Mr. Ross Commission’s Public Reference Room, BILLING CODE 6717–01–P Hendrick, Grant PUD, P.O. Box 878, located at 888 First Street NE, Room 2A, Ephrata, WA 98823; (509) 793–1468; or Washington, DC 20426, or by calling [email protected]. (202) 502–8371. This filing may also be DEPARTMENT OF ENERGY i. FERC Contact: Jennifer Polardino, viewed on the Commission’s website at (202) 502–6437, or Jennifer.Polardino@ Federal Energy Regulatory http://www.ferc.gov using the Commission ferc.gov. ‘‘eLibrary’’ link. Enter the docket j. Deadline for filing comments, number excluding the last three digits in [Docket No. OR19–26–000] motions to intervene, and protests: July the docket number field to access the 8, 2019. document. You may also register online American Aviation Supply LLC, Delta The Commission strongly encourages at http://www.ferc.gov/docs-filing/ Air Lines, Inc., JetBlue Airways electronic filing. Please file comments, esubscription.asp to be notified via Corporation United Airlines, Inc. v. motions to intervene, and protests using email of new filings and issuances Buckeye Pipe Line Company, L.P.; the Commission’s eFiling system at related to this or other pending projects. Notice of Complaint http://www.ferc.gov/docs-filing/ For assistance, call 1–866–208–3676 or Take notice that on June 5, 2019, efiling.asp. Commenters can submit email [email protected], for pursuant to sections 1(5), 6, 8, 9, 13, 15 brief comments up to 6,000 characters, TTY, call (202) 502–8659. A copy is also and 16 of the Interstate Commerce Act,1 without prior registration, using the available for inspection and section 1803 of the Energy Policy Act of eComment system at http:// reproduction at the address in item (h) 1992 (EPAct),2 Rule 206 of the Rules of www.ferc.gov/docs-filing/ above. Agencies may obtain copies of Practice and Procedures of the Federal ecomment.asp. You must include your the application directly from the Energy Regulatory Commission name and contact information at the end applicant. (Commission),3 and Rules 343.1(a) of your comments. For assistance, m. Individuals desiring to be included 343.2(c) of the Commission’s Procedural please contact FERC Online Support at on the Commission’s mailing list should Rules Applicable to Oil Pipeline [email protected], (866) so indicate by writing to the Secretary Proceedings,4 American Aviation 208–3676 (toll free), or (202) 502–8659 of the Commission. Supply LLC, Delta Air Lines, Inc., (TTY). In lieu of electronic filing, please n. Comments, Protests, or Motions to JetBlue Airways Corporation, and send a paper copy to: Secretary, Federal Intervene: Anyone may submit United Airlines, Inc. (collectively, Joint Energy Regulatory Commission, 888 comments, a protest, or a motion to Complainants) filed a formal complaint First Street NE, Washington, DC 20426. intervene in accordance with the against Buckeye Pipe Line Company, The first page of any filing should requirements of Rules of Practice and L.P. (Buckeye or Respondent) include the docket number P–2114–303. Procedure, 18 CFR 385.210, .211, .214, challenging the lawfulness of the rates Comments emailed to Commission staff respectively. In determining the charged by Buckeye for transportation of are not considered part of the appropriate action to take, the jet and/or aviation turbine fuel from Commission record. Commission will consider all protests or Linden, New Jersey to the New York The Commission’s Rules of Practice other comments filed, but only those City market, specifically Newark and Procedure require all intervenors who file a motion to intervene in International Airport, New Jersey, J.F. filing documents with the Commission accordance with the Commission’s Kennedy International Airport, New to serve a copy of that document on Rules may become a party to the York and LaGuardia Airport, New York, each person whose name appears on the proceeding. Any comments, protests, or all as more fully explained in the official service list for the project. motions to intervene must be received complaint. Further, if an intervenor files comments on or before the specified comment date The Complainant certifies that copies or documents with the Commission for the particular application. of the complaint were served on the relating to the merits of an issue that o. Filing and Service of Responsive contacts listed for Respondent on the may affect the responsibilities of a Documents: Any filing must (1) bear in Commission’s list of Corporate Officials. particular resource agency, they must all capital letters the title COMMENTS, Any person desiring to intervene or to also serve a copy of the document on PROTEST, or MOTION TO INTERVENE protest this filing must file in that resource agency. as applicable; (2) set forth in the accordance with Rules 211 and 214 of k. Description of Request: To improve heading, the name of the applicant and the Commission’s Rules of Practice and seismic stability of the Priest Rapids the project number of the application to Dam, Grant PUD requests to amend its which the filing responds; (3) furnish 1 49 U.S.C. App. 1(5), 6, 8, 9, 13, 15 and 16. license for the Priest Rapids Project to the name, address, and telephone 2 Public Law 102–486, 106 Stat. 2772 (1992). create a separate embankment number of the person protesting or 3 18 CFR 385.206 (2018). immediately downstream of the existing intervening; and (4) otherwise comply 4 18 CFR 343.1(a) and 343.2(c) (2018).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27327

Procedure (18 CFR 385.211, 385.214). DATES: Nominations should be environmental economists with Protests will be considered by the submitted in time to arrive no later than extensive experience and expertise Commission in determining the July 3, 2019. estimating benefits and/or costs of appropriate action to be taken, but will FOR FURTHER INFORMATION CONTACT: Any environmental outcomes, conducting not serve to make protestants parties to member of the public wishing further and/or evaluating benefit cost analyses, the proceeding. Any person wishing to information regarding this Notice and and assessing distributional effects, become a party must file a notice of Request for Nominations may contact including economic impacts of intervention or motion to intervene, as Dr. Holly Stallworth, Designated Federal environmental regulation. Peer appropriate. The Respondent’s answer Officer (DFO), EPA Science Advisory reviewed economics journal and all interventions, or protests must Board Staff Office (1400R), U.S. publications within the last ten years be filed on or before the comment date. Environmental Protection Agency, 1200 focused on cost estimation, benefits The Respondent’s answer, motions to Pennsylvania Avenue NW, Washington, valuation, evaluation of benefit cost intervene, and protests must be served DC 20460; by telephone at (202) 564– analyses or economic impact analyses is on the Complainants. 2073 or at [email protected]. highly desirable. The Commission encourages General information concerning the Process and Deadline for Submitting electronic submission of protests and EPA SAB can be found at the EPA SAB Nominations: Any interested person or interventions in lieu of paper using the website at http://www.epa.gov/sab. organization may nominate qualified individuals with relevant experience for eFiling link at http://www.ferc.gov. SUPPLEMENTARY INFORMATION: possible service on the SAB Economic Persons unable to file electronically Background: The SAB (42 U.S.C. Guidelines Review Panel identified in should submit an original and 5 copies 4365) is a chartered Federal Advisory this notice. Nominations should be of the protest or intervention to the Committee that provides independent submitted in electronic format Federal Energy Regulatory Commission, scientific and technical peer review, (preferred) following the instructions for 888 First Street NE, Washington, DC advice and recommendations to the EPA ‘‘Nominating Experts to Advisory Panels 20426. Administrator on the technical basis for This filing is accessible on-line at and Ad hoc Committees Being Formed,’’ EPA actions. As a Federal Advisory provided on the SAB website (see the http://www.ferc.gov, using the eLibrary Committee, the SAB conducts business link and is available for electronic ‘‘Nomination of Experts’’ link under in accordance with the Federal ‘‘Current Activities’’) at http:// review in the Commission’s Public Advisory Committee Act (FACA) (5 Reference Room in Washington, DC. www.epa.gov.sab. U.S.C. App. 2) and related regulations. To receive full consideration, EPA’s There is an eSubscription link on the The SAB Economic Guidelines Review website that enables subscribers to SAB Staff Office requests contact Panel will be an ad hoc panel of the information about the person making receive email notification when a SAB that provides advice through the the nomination; contact information document is added to a subscribed chartered SAB. It will be charged with about the nominee; the disciplinary and docket(s). For assistance with any FERC reviewing revised chapters of the specific areas of expertise of the Online service, please email Guidelines for Preparing Economic nominee; the nominee’s resume or [email protected], or call Analyses by EPA’s National Center for curriculum vitae; sources of recent grant (866) 208–3676 (toll free). For TTY, call Environmental Economics (NCEE). The and/or contract support; and a (202) 502–8659. EPA relies on the Guidelines for biographical sketch of the nominee Comment Date: 5 p.m. Eastern Time Preparing Economic Analyses when indicating current position, educational on July 5, 2019. evaluating the economic consequences background, research activities, and Dated: June 6, 2019. of its regulations and policies and it is recent service on other national Kimberly D. Bose, critical that the Guidelines reflect the advisory committees or national Secretary. most current, peer-reviewed and professional organizations. [FR Doc. 2019–12397 Filed 6–11–19; 8:45 am] established practices in the economics Persons having questions about the profession. The NCEE has been working BILLING CODE 6717–01–P nomination procedures, or who are to improve the Guidelines by updating unable to submit nominations through and revising selected chapters as the SAB website, should contact Dr. appropriate. While most chapters will Holly Stallworth as indicated above in ENVIRONMENTAL PROTECTION be revised, NCEE anticipates more this notice. Nominations should be AGENCY substantive changes in chapters submitted in time to arrive no later than addressing the following topics: July 3, 2019. EPA values and welcomes [FRL–9995–15–OA] baselines and other analytic design diversity. All qualified candidates are Request for Nominations of considerations, discounting future encouraged to apply regardless of sex, Candidates for EPA’s Science benefits and costs, analyzing benefits race, disability, or ethnicity. Advisory Board Economic Guidelines (including health, ecosystem services The EPA SAB Staff Office will Review Panel valuation and benefit transfer), acknowledge receipt of nominations. analyzing costs, economic impact The names and biosketches of qualified AGENCY: Environmental Protection analysis (including employment effects), nominees identified by respondents to Agency (EPA). distributional effects (including this Federal Register notice, and ACTION: Notice. environmental justice). The Economic additional experts identified by the SAB Guidelines Review Panel will comply Staff, will be posted in a List of SUMMARY: The U.S. Environmental with the provisions of FACA and all Candidates on the SAB website at Protection Agency (EPA) Science appropriate SAB Staff Office procedural http://www.epa.gov/sab. Public Advisory Board (SAB) Staff Office policies. The SAB Economic Guidelines comments on the List of Candidates will invites nominations of environmental Review Panel will operate under the be accepted for 21 days. The public will economists to be considered for auspices of the SAB. be requested to provide relevant appointment to the SAB’s Economic Request For Nominations: The SAB information or other documentation on Guidelines Review Panel. Staff Office is seeking nominations of nominees that the SAB Staff Office

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27328 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

should consider in evaluating ACTION: Notice of intent to renew the A notice of each meeting will be candidates. charter for the Advisory Committee on published in the Federal Register at For the EPA SAB Staff Office, a Diversity and Digital Empowerment. least fifteen (15) days in advance of the balanced review panel includes meeting. Records will be maintained of SUMMARY: candidates who possess the necessary The Federal Communications each meeting and made available for domains of knowledge, the relevant Commission (FCC or Commission) public inspection. All activities of the scientific perspectives (which, among hereby announces that that the charter Committee will be conducted in an other factors, can be influenced by work of the Advisory Committee on Diversity open, transparent, and accessible history and affiliation), and the and Digital Empowerment (hereinafter manner. The Committee shall terminate collective breadth of experience. The Committee) will be renewed for a two- two (2) years from the filing date of its SAB Staff Office will consider public year period pursuant to the Federal charter, or earlier upon the completion comments on the List of Candidates, Advisory Committee Act (FACA) and of its work as determined by the information provided by the candidates following consultation with the Chairman of the FCC, unless its charter themselves, and background Committee Management Secretariat, is renewed prior to the termination date. information independently gathered by General Services Administration. During the Committee’s second term, the SAB Staff Office. Selection criteria ADDRESSES: Federal Communications it is anticipated that the Committee will to be used for panel membership Commission, 445 12th Street SW, meet in Washington, DC approximately include: (a) Scientific and/or technical Washington, DC 20554. two (2) times a year. The first meeting expertise, knowledge, and experience FOR FURTHER INFORMATION CONTACT: date and agenda topics will be described (primary factors), e.g., journal Jamila Bess Johnson, Designated Federal in a Public Notice issued and published publications within the last ten years on Officer, Federal Communications in the Federal Register at least fifteen cost estimation/benefits valuation, Commission, Media Bureau, (202) 418– (15) days prior to the first meeting date. evaluation of benefit cost analyses or 2608 or email: Jamila-Bess.Johnson@ In addition, as needed, working groups economic impacts of environmental fcc.gov. or subcommittees (ad hoc or steering) regulation; (b) availability and SUPPLEMENTARY INFORMATION: After will be established to facilitate the willingness to serve; (c) absence of consultation with the General Services Committee’s work between meetings of financial conflicts of interest; (d) Administration, the Commission the full Committee. Meetings of the absence of an appearance of a loss of intends to renew the charter on or Committee will be fully accessible to impartiality; and (e) skills working in before July 5, 2019, providing the individuals with disabilities. panels and advisory committees; and, (f) Committee with authorization to operate Federal Communications Commission. for the panel as a whole, diversity of for two years. Katura Jackson, expertise and scientific points of view. The purpose of the Committee is to Federal Register Liaison Officer. The SAB Staff Office’s evaluation of make recommendations to the [FR Doc. 2019–12374 Filed 6–11–19; 8:45 am] an absence of financial conflicts of Commission on how to empower BILLING CODE 6712–01–P interest will include a review of the disadvantaged communities and ‘‘Confidential Financial Disclosure accelerate the entry of small businesses, Form for Special Government including those owned by women and FEDERAL MARITIME COMMISSION Employees’’ (EPA Form 3110–48). This minorities, into the media, digital news confidential form allows government and information, and audio and video Notice of Agreements Filed officials to determine whether there is a programming industries, including as statutory conflict between a person’s owners, suppliers, and employees. It is The Commission hereby gives notice public responsibilities (which include also to provide recommendations to the of the filing of the following agreements membership on an EPA federal advisory Commission on how to ensure that under the Shipping Act of 1984. committee) and private interests and disadvantaged communities are not Interested parties may submit comments activities, or the appearance of a loss of denied the wide range of opportunities on the agreements to the Secretary by impartiality, as defined by federal made possible by next-generation email at [email protected], or by mail, regulation. The form may be viewed and networks. This Committee is intended Federal Maritime Commission, downloaded from the following URL to provide an effective means for Washington, DC 20573, within twelve address http://yosemite.epa.gov/sab/ stakeholders with interests in these days of the date this notice appears in sabproduct.nsf/Web/ethics? areas to exchange ideas and develop the Federal Register. Copies of OpenDocument. recommendations to the Commission on agreements are available through the Dated: June 5, 2019. media ownership and procurement Commission’s website (www.fmc.gov) or by contacting the Office of Agreements Khanna Johnston, opportunities, empowering communities in order to spur at (202) 523–5793 or tradeanalysis@ Deputy Director, EPA Science Advisory Board fmc.gov. Staff Office. educational, economic, and civic Agreement No.: 201307. [FR Doc. 2019–12410 Filed 6–11–19; 8:45 am] development, and consumer access to digital technologies. Agreement Name: Crowley/Sealand BILLING CODE 6560–50–P Space Charter Agreement. Advisory Committee Parties: Maersk Line A/S d/b/a The Committee will be organized Sealand and Crowley Latin America under, and will operate in accordance FEDERAL COMMUNICATIONS Services, LLC. with, the provisions of the Federal COMMISSION Filing Party: Wayne Rohde; Cozen Advisory Committee Act (FACA) (5 O’Connnor. Federal Advisory Committee, Diversity U.S.C. App. 2). The Committee will be Synopsis: The Agreement authorizes and Digital Empowerment solely advisory in nature. Consistent Crowley to charter space to Sealand in with FACA and its requirements, each the trade between Port Everglades, FL AGENCY: Federal Communications meeting of the Committee will be open on the one hand and Haiti and the Commission. to the public unless otherwise noticed. Dominican Republic on the other hand.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27329

Proposed Effective Date: 5/31/2019. OC–1 and AGAS services in the trade Sevier County Bank, both of Sevierville, Location: https://www2.fmc.gov/ between the U.S. Atlantic Coast and Tennessee. FMC.Agreements.Web/Public/ Australia, New Zealand, Colombia and B. Federal Reserve Bank of Chicago AgreementHistory/22408. Panama. (Colette A. Fried, Assistant Vice Agreement No.: 201308. Proposed Effective Date: 7/21/2019. President) 230 South LaSalle Street, Agreement Name: APL/HLUSA Space Location: https://www2.fmc.gov/ Chicago, Illinois 60690–1414: Charter and Cooperative Working FMC.Agreements.Web/Public/ 1. Harold D. Westra Bank Stock Agreement. AgreementHistory/22412. Revocable Trust, Harold D. Westra Parties: American President Lines, Agreement No.: 011961–025. Trustee, Rock Valley, Iowa; to join the LLC and Hapag-Lloyd USA, LLC. Agreement Name: The Maritime Westra Family Control Group, as a Filing Party: Patricia O’Neal; Credit Agreement. group acting in concert to retain voting American President Lines, LLC. Parties: COSCO Container Lines shares of Premier Holdings, Ltd., and Synopsis: The Agreement authorizes Company Limited; Hamburg Sud; thereby indirectly retain shares of the parties to charter space to each other Maersk Line A/S; Wallenius Premier Bank, both of Rock Valley, on an ‘‘as needed/as available’’ in the Wilhelmsen Logistics; and ZIM Iowa. trade between ports on the U.S. Atlantic Integrated Shipping Services Ltd. Board of Governors of the Federal Reserve and Gulf Coasts, and ports in Germany, Filing Party: Wayne Rohde; Cozen System, June 7, 2019. Italy, Latvia, Belgium, and Estonia. O’Connor. Yao-Chin Chao, Proposed Effective Date: 5/31/2019. Synopsis: The amendment adds Assistant Secretary of the Board. Location: https://www2.fmc.gov/ Hamburg Sud as a party to the [FR Doc. 2019–12384 Filed 6–11–19; 8:45 am] FMC.Agreements.Web/Public/ Agreement. AgreementHistory/22409. Proposed Effective Date: 7/21/2019. BILLING CODE P Agreement No.: 011463–014. Location: https://www2.fmc.gov/ Agreement Name: Maersk/HL Central FMC.Agreements.Web/Public/ America Vessel Sharing Agreement. AgreementHistory/426. FEDERAL RETIREMENT THRIFT Parties: Maersk Line A/S and Hapag- INVESTMENT BOARD Lloyd AG. Dated: June 7, 2019. Filing Party: Wayne Rohde; Cozen Rachel E. Dickon, Member Meeting Secretary. O’Connor. 77 K Street NE, 10th Floor, Washington, Synopsis: The amendment changes [FR Doc. 2019–12420 Filed 6–11–19; 8:45 am] DC 20002 the name of the Agreement, removes BILLING CODE 6731–AA–P June 13, 2019, 9:00 a.m. Ecuador, Peru and Chile from the scope of the Agreement, substantially revises Closed Session the authority contained in Article 5, FEDERAL RESERVE SYSTEM Information covered under 5 U.S.C. revises the duration and termination 552b(c)(9)(B). provisions of the Agreement, and makes Change in Bank Control Notices; Contact Person for More Information: other revisions to the Agreement. In Acquisitions of Shares of a Bank or Kimberly Weaver, Director, Office of addition, given the extent of the Bank Holding Company External Affairs, (202) 942–1640. revisions, the amendment restates the Agreement. The notificants listed below have Dated: June 7, 2019. Proposed Effective Date: 7/18/2019. applied under the Change in Bank Megan Grumbine, Location: https://www2.fmc.gov/ Control Act (‘‘Act’’) (12 U.S.C. 1817(j)) General Counsel, Federal Retirement Thrift FMC.Agreements.Web/Public/ and § 225.41 of the Board’s Regulation Investment Board. AgreementHistory/809. Y (12 CFR 225.41) to acquire shares of [FR Doc. 2019–12378 Filed 6–11–19; 8:45 am] a bank or bank holding company. The Agreement No.: 201276–001. BILLING CODE 6760–01–P Agreement Name: TransGulf, LLC— factors that are considered in acting on Linea Peninsular Inc. Slot Charter the notices are set forth in paragraph 7 Agreement. of the Act (12 U.S.C. 1817(j)(7)). DEPARTMENT OF DEFENSE Parties: Linea Peninsular, Inc. and The notices are available for Transgulf, LLC. immediate inspection at the Federal GENERAL SERVICES Filing Party: Matthew Thomas, Blank Reserve Bank indicated. The notices ADMINISTRATION Rome LLP. also will be available for inspection at Synopsis: The amendment reflects the offices of the Board of Governors. NATIONAL AERONAUTICS AND that the service is relocating the port in Interested persons may express their SPACE ADMINISTRATION Mexico called under the Agreement views in writing to the Reserve Bank from Altamira to Tuxpan. indicated for that notice or to the offices [OMB Control No. 9000–0097; Docket No. 2019–0003; Sequence No. 16] Proposed Effective Date: 6/4/2019. of the Board of Governors. Comments Location: https://www2.fmc.gov/ must be received not later than June 24, Submission for OMB Review; Federal FMC.Agreements.Web/Public/ 2019. Acquisition Regulation Part 4 AgreementHistory/16295. A. Federal Reserve Bank of Richmond Requirements Agreement No.: 201309. (Adam M. Drimer, Assistant Vice Agreement Name: Maersk Line/ President) 701 East Byrd Street, AGENCY: Department of Defense (DOD), Hapag-Lloyd Slot Exchange Agreement. Richmond, Virginia 23219. Comments General Services Administration (GSA), Parties: Hapag-Lloyd AG and Maersk can also be sent electronically to and National Aeronautics and Space Line A/S. [email protected]: Administration (NASA). Filing Party: Wayne Rohde; Cozen 1. Kenneth Ray Lehman, Arlington, ACTION: Notice. O’Connor. Virginia; to acquire voting shares of Synopsis: The agreement authorizes Sevier County Bancshares, Inc., and SUMMARY: Under the provisions of the the parties to exchange slots on their thereby indirectly acquire shares of Paperwork Reduction Act, the

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27330 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Regulatory Secretariat Division has Requirements’’ due to consolidation assembling, organizing, and presenting submitted to the Office of Management with currently approved information contract placement data for the Federal and Budget (OMB) a request to review collection requirements OMB Control Government. Federal agencies report and approve a revision and renewal of No. 9000–0159, System for Award data on all contracts in excess of $3,500 a previously approved information Management (SAM) Registration; 9000– to FPDS. In 2016, the FAR was amended collection requirement regarding 0145, Use of Data Universal Numbering to redesignate the terminology for Federal Acquisition Regulation (FAR) System (DUNS) as Primary Contractor unique identification of entities part 4 requirements. Identification; and 9000–0179, Service receiving Federal awards; the DATES: Submit comments on or before Contractor Reporting Requirement. proprietary term ‘‘DUNS number’’ was July 12, 2019. This information collection replaced by the term ‘‘unique entity requirement pertains to information that ADDRESSES: Submit comments regarding identifier.’’ Contracting officers insert a contractor must submit in response to this burden estimate or any other aspect the FAR provision 52.204–6, Unique a number of requirements from FAR of this collection of information, Entity Identifier, in solicitations they Part 4, which are as follows: including suggestions for reducing this expect will result in contracts in excess 1. Taxpayer Identification Number of $3,500. This provision requires burden to: Office of Information and Information. FAR Subpart 4.9, Taxpayer Regulatory Affairs of OMB, Attention: offerors to submit their unique entity Identification Number Information, and identifier, which for now is the DUNS Desk Officer for GSA, Room 10236, the provision at 52.204–3, Taxpayer NEOB, Washington, DC 20503. number, with their offer. If the offeror Identification, implement statutory and does not have a DUNS number, the Additionally submit a copy to GSA by regulatory requirements pertaining to any of the following methods: provision provides instructions on • taxpayer identification and reporting. obtaining one. Contracting officer also Federal eRulemaking Portal: This 2. SAM Registration and website provides the ability to type insert FAR clause 52.204–12, Unique Maintenance. FAR Subpart 4.11 Entity Identifier Maintenance, in all short comments directly into the prescribes policies and procedures for comment field or attach a file for solicitations and resulting contracts requiring contractor registration in the containing provision 52.204–6. The lengthier comments. Go to http:// System for Award Management (SAM) www.regulations.gov and follow the clause requires contractors to maintain database to: (1) Increase visibility of their unique entity identifier with instructions on the site. vendor sources (including their • Mail: General Services whatever organization issues such geographical locations) for specific identifiers, for the life of the contract; Administration, Regulatory Secretariat supplies and services; and (2) establish Division (MVCB), 1800 F Street NW, clause also requires contractors to notify a common source of vendor data for the contracting officers of any changes to Washington, DC 20405. ATTN: Lois Government. FAR provision 52.204–7, Mandell/IC 9000–0097 Federal the unique entity identifier. System for Award Management, 4. Service Contractor Reporting Acquisition Regulation Part 4 implements the requirement for offerors Requirements. Requirement. Section 743(a) of Division on Federal contracts. The clause C of the Consolidated Appropriations Instructions: All items submitted requires prospective contractors to be must cite Information Collection 9000– Act, 2010 (Pub. L. 111–117) requires registered in the SAM database prior to executive agencies covered by the 0097 Federal Acquisition Regulation award of a contract or agreement, except Part 4 Requirements. Comments Federal Activities Inventory Reform in certain limited cases. Offerors are (FAIR) Act (Pub. L. 105–270), except received generally will be posted required to provide certain business without change to http:// DoD, to submit to the Office of information, including their Taxpayer Management and Budget (OMB) www.regulations.gov, including any Identification Number (TINs) and annually an inventory of activities personal and/or business confidential Electronic Funds Transfer (EFT) performed by service contractors. DoD is information provided. To confirm information only once into a common exempt from this reporting requirement receipt of your comment(s), please Governmentwide data source. FAR because 10 U.S.C. 2462 and 10 U.S.C. check www.regulations.gov, clause 52.204–13, System for Award 2330a(c) already require DoD to develop approximately two to three days after Management Maintenance, requires an annual service contract inventory. submission to verify posting (except contractors to make sure their SAM data This information collection covers the allow 30 days for posting of comments is kept current, accurate, and complete burden hours related to the requirement submitted by mail). throughout contract performance and at FAR subpart 4.17, Service Contracts FOR FURTHER INFORMATION CONTACT: Ms. final payment; this maintenance is, at a Inventory, and its associated clauses, Mahruba Uddowla, Procurement minimum, to be done through an annual 52.204–14 and 52.204–15. Analyst, at telephone 703–605–2868, or review and update of the contractor’s email [email protected]. SAM registration. FAR provision C. Annual Burden SUPPLEMENTARY INFORMATION: 52.212–1 and clause 52.212–4 contains Respondents: 296,051. the equivalent of 52.204–7 and 52.204– A. OMB Number, Title, and Any Total Annual Responses: 587,191. 13 respectively, for commercial Total Burden Hours: 198,629.04. Associated Form(s) acquisitions. OMB Control No. 9000–0097, Federal 3. Use of DUNS as Primary Contractor D. Public Comment Acquisition Regulation Part 4 Identification (now known as Unique A 60 day notice was published in the Requirements. Entity Identifier). The DUNS number is Federal Register at 84 FR 10826, on the nine-digit identification number March 22, 2019. One comment was B. Needs and Uses assigned by Dun and Bradstreet received; however, it did not change the This information collection Information Services to an estimate of the burden. requirement, OMB Control No. 9000– establishment. The Government uses the Comment: The commenter asked that 0097, currently titled ‘‘Taxpayer DUNS number to identify contractors in additional tariffs not be imposed on Identification Number Information,’’ is reporting to the Federal Procurement motorcycles or motorcycle parts and proposed to be retitled ‘‘Federal Data System (FPDS). The FPDS provides accessories from the European Union. Acquisition Regulation Part 4 a comprehensive mechanism for The commenter stated that their

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27331

concerns were in relation to the tariffs Fishers Lane, 06E37A, Rockville, nominee’s resume or curriculum vitae; being proposed on Motorcycles, Maryland 20857. Nominations may also and (2) a statement that the nominee is Motorcycles Parts & Accessories as part be emailed to NationalAdvisory willing to serve as a member of the of Section 301 Large Civil Aircraft [email protected]. Council. Selected candidates will be Dispute. FOR FURTHER INFORMATION CONTACT: asked to provide detailed information Response: This comment is out of Jaime Zimmerman, AHRQ, at (301) 427– concerning their financial interests, scope because the information 1456. consultant positions and research grants collection requirements covered through SUPPLEMENTARY INFORMATION: 42 U.S.C. and contracts, to permit evaluation of OMB Control No. 9000–0097 do not 299c provides that the Secretary shall possible sources of conflict of interest. relate to the topic of tariffs. appoint to the Council twenty one Please note that once a candidate is Obtaining Copies: Requesters may appropriately qualified individuals. At nominated, AHRQ may consider that obtain a copy of the information least seventeen members shall be nomination for future positions on the collection documents from the General representatives of the public and at least Council. Services Administration, Regulatory one member shall be a specialist in the The Department seeks a broad Secretariat Division (MVCB), 1800 F rural aspects of one or more of the geographic representation. In addition, Street NW, Washington, DC 20405, professions or fields listed below. In AHRQ conducts and supports research telephone 202–501–4755. Please cite addition, the Secretary designates, as ex concerning priority populations, which OMB Control No. 9000–0097 Federal officio members, representatives from include: Low-income groups; minority Acquisition Regulation Part 4 other Federal agencies, principally groups; women; children; the elderly; Requirements, in all correspondence. agencies that conduct or support health and individuals with special health care Dated: June 6, 2019. care research, as well as Federal officials needs, including individuals with disabilities and individuals who need Janet Fry, the Secretary may consider appropriate. 42 U.S.C. 299c(c)(3). chronic care or end-of-life health care. Director, Federal Acquisition Policy Division, See 42 U.S.C. 299(c). Nominations of Office of Governmentwide Acquisition Policy, Seven current members’ terms will Office of Acquisition Policy, Office of expire in November 2019. To fill these persons with expertise in health care for Governmentwide Policy. positions, we are seeking individuals these priority populations are [FR Doc. 2019–12356 Filed 6–11–19; 8:45 a.m.] who: (1) Are distinguished in the encouraged. BILLING CODE 6820–EP–P conduct of research, demonstration Virginia L. Mackay-Smith, projects, and evaluations with respect to Associate Director. health care; (2) are distinguished in the [FR Doc. 2019–12323 Filed 6–11–19; 8:45 am] DEPARTMENT OF HEALTH AND fields of health care quality research or BILLING CODE 4160–90–P HUMAN SERVICES health care improvement; (3) are distinguished in the practice of Agency for Healthcare Research and medicine; (4) are distinguished in other DEPARTMENT OF HEALTH AND Quality health professions; (5) represent the HUMAN SERVICES private health care sector (including National Advisory Council for health plans, providers, and purchasers) Food and Drug Administration Healthcare Research and Quality: or are distinguished as administrators of [Docket No. FDA–2018–N–4042] Request for Nominations for Members health care delivery systems; (6) are AGENCY: Agency for Healthcare Research distinguished in the fields of health care Agency Information Collection and Quality (AHRQ), HHS. economics, information systems, law, Activities; Submission for Office of ethics, business, or public policy; and Management and Budget Review; ACTION: Notice of request for (7) represent the interests of patients nominations for members. Comment Request; Establishing and and consumers of health care. 42 U.S.C. Maintaining Lists of United States SUMMARY: The National Advisory 299c(c)(2). Individuals are particularly Manufacturers/Processors With Council for Healthcare Research and sought with experience and success in Interest in Exporting Center for Food Quality (the Council) is to advise the these activities. AHRQ will accept Safety and Applied Nutrition-Regulated Secretary of HHS (Secretary) and the nominations to serve on the Council in Products Director of the Agency for Healthcare a representative capacity. The Council meets in the Washington, AGENCY: Food and Drug Administration, Research and Quality (AHRQ) with HHS. respect to activities proposed or DC, metropolitan area, generally in ACTION: Notice. undertaken to carry out AHRQ’s Rockville, Maryland, approximately three times a year to provide broad statutory mission. AHRQ produces SUMMARY: The Food and Drug guidance to the Secretary and AHRQ’s evidence to make health care safer, Administration (FDA) is announcing Director on the direction of and higher quality, more accessible, that a proposed collection of programs undertaken by AHRQ. equitable, and affordable, and to work information has been submitted to the Seven individuals will be selected by within the U.S. Department of Health Office of Management and Budget the Secretary to serve on the Council and Human Services and with other (OMB) for review and clearance under beginning with the meeting in the partners to make sure that the evidence the Paperwork Reduction Act of 1995. is understood and used. Seven current spring of 2020. Members generally serve 3-year terms. Appointments are DATES: Fax written comments on the members’ terms will expire in collection of information by July 12, November 2019. staggered to permit an orderly rotation of membership. 2019. DATES: Nominations should be received Interested persons may nominate one ADDRESSES: To ensure that comments on on or before 60 days after date of or more qualified persons for the information collection are received, publication. membership on the Council. Self- OMB recommends that written ADDRESSES: Nominations should be sent nominations are accepted. Nominations comments be faxed to the Office of to Jaime Zimmerman, AHRQ, 5600 shall include: (1) A copy of the Information and Regulatory Affairs,

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27332 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

OMB, Attn: FDA Desk Officer, Fax: 202– The guidance documents generally We use the information submitted by 395–7285, or emailed to oira_ explain what information firms to determine their eligibility for [email protected]. All manufacturers/processors should placement on the export lists, which comments should be identified with the submit to FDA to be considered for may be published on our website. The OMB control number 0910–0509. Also inclusion on the lists and what criteria purpose of the lists is to help CFSAN include the FDA docket number found FDA intends to use to determine (Center for Food Safety and Applied in brackets in the heading of this eligibility for placement on the lists. Nutrition)-regulated industries meet the document. The guidance documents also explain import requirements of foreign how FDA intends to update the lists and governments. FOR FURTHER INFORMATION CONTACT: communicate any new information to FDA currently maintains export lists JonnaLynn Capezzuto, Office of for the European Community and China Operations, Food and Drug the governments that request the lists. Finally, the guidance documents note covered under OMB control numbers Administration, Three White Flint 0910–0320 and 0910–0839, respectively. North, 10A–12M, 11601 Landsdown St., that the information is provided voluntarily by manufacturers/processors These export lists also serve to assist North Bethesda, MD 20852, 301–796– firms to meet the import requirements of 3794, [email protected]. with the understanding that it may be posted on FDA’s external website and foreign governments. OMB control SUPPLEMENTARY INFORMATION: In that it will be communicated to, and numbers 0910–0509, 0910–0320, and compliance with 44 U.S.C. 3507, FDA possibly further disseminated by, the 0910–0839 are similar in that they allow has submitted the following proposed government that requested the list; thus, FDA to collect information from firms collection of information to OMB for FDA considers the information on the for the purpose of establishing export review and clearance. lists to be information that is not lists for foreign governments that require these lists before allowing the Establishing and Maintaining Lists of protected from disclosure under 5 subject goods to be imported. Thus, U.S. Manufacturers/Processors With U.S.C. 552(b)(4). with this notice, FDA proposes to Interest in Exporting CFSAN-Regulated Application for inclusion on each list consolidate these collections of Products is voluntary. However, some foreign governments may require inclusion on information for government efficiency OMB Control Number 0910–0509— the list for acceptance of imported and to allow the public to look to one Revision products. FDA recommends that U.S. OMB control number for all collections of information for CFSAN export lists. The United States exports a large manufacturers/processors that want to This collection of information is volume and variety of foods in be placed on the export lists send FDA intended to cover all CFSAN existing international trade. For certain food the following information: (1) Country export lists, as well as any additional products, foreign governments may to which the food manufacturer/ export lists required by foreign require assurances from the responsible processor wants to export product; (2) countries. authority of the country of origin of an type of food product facility; (3) the In 2016, FDA launched the Dairy imported food that the processor of the Food Facility Registration number (the Listing Module, an electronic registry food is in compliance with applicable information collected by this module is system (Form FDA 3972) to facilitate country of origin regulatory approved under OMB control number applications for inclusion on the dairy requirements. Some foreign 0910–0502), FDA Establishment export lists. FDA has expanded this governments establish additional Identifier number or Dun & Bradstreet system to accommodate applications for requirements with which exporters are number for the facility; (4) name and inclusion on export lists for CFSAN- required to comply and ask for address of the firm and the regulated products, affording all firms additional assurances from the manufacturing plant; (5) name, the efficiencies of submitting responsible authority. When requested, telephone number, and email address of information electronically. The FDA may provide this information in the contact person; (6) information on expanded system is called the Export the form of lists which are provided to the products intended for export; (7) Listing Module (ELM). The ELM has the foreign governments. identities of agencies that inspected the data fields that allow firms to input the For products subject to importing plant; (8) date of last inspection, plant information identified above that FDA country listing requirements, FDA has number, and copy of last inspection recommends providing. In addition, the historically maintained certain export notice; and (9) if other than an FDA ELM contains data fields such as lists of manufacturers/processors that: inspection, copy of last inspection ‘‘Additional Information’’ and (1) Have expressed interest in exporting report. We request that this information ‘‘Additional Documents’’ that allow their products to these countries; (2) are be updated every 2 years. firms to submit any additional data or subject to FDA’s jurisdiction; and (3) are In addition to the information above, information (such as third-party not the subject of a pending some countries may require additional certifications) that foreign governments enforcement action (e.g., an injunction information such as documentation that may require. Screenshots of the ELM are or seizure) or pending administrative the firm has been certified by a third- available at https://www.fda.gov/food/ action (e.g., a warning letter). party certification body that it meets the food-export-lists/online-applications- FDA has generally published requirements of the importing country. export-lists. If a firm is unable to submit guidance documents for these lists Other information may need to be an application via the ELM, it may under the authority of section 701(h) of submitted to be included on the lists contact CFSAN and request assistance. the Federal, Food, Drug, and Cosmetic depending on the requirements of the In the Federal Register of November Act (21 U.S.C. 371(h)), which authorizes importing country. We plan to provide 13, 2018 (83 FR 56350), we published a the Secretary of Health and Human exporters with information about any 60-day notice requesting public Services (the Secretary) to develop such additional information required by comment on the proposed collection of guidance documents with public a foreign country as a condition for information. We received a number of participation presenting the views of the entry and collect the other information comments. One letter cited a related Secretary on matters under the to accommodate the importing public meeting docket (FDA–2016–D– jurisdiction of FDA. countries’ requirements. 4484) and included comments regarding

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27333

topics covered in the subject guidance be duplicative. The comment also the new module will ultimately reduce document. The comments did not appears to question both FDA’s role in the time necessary for completing the address the information collection and authority for the information application process, we have raised the elements solicited in our notice; collection, however, this comment goes estimate to 1 hour in deference to the however, we will consider the beyond the scope of the topics solicited comment. comments consistent with our good in our 60-day notice, and is therefore Finally, other comments expressed guidance practice regulations at 21 CFR not discussed in this notice. encouragement for finding continued 10.115. Another comment suggested that the Another comment covered multiple burden estimate associated with new ways to improve the program, and we topics suggesting that FDA clarify more requests to be placed on the list was too look forward to receiving continued specifically the utility of the low. We appreciate feedback regarding feedback. information being collected, and that user experience with reporting We estimate the burden of the some of the information collection may information. Although we believe that information collection as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

New requests to be placed on the lists ...... 1,460 1 1,460 2 0.5 730 Third-party certification ...... 370 1 370 21 7,770 Biennial update ...... 2,505 1 2,505 2 0.5 1,253 Third-party certification biennial update ...... 555 1 555 21 11,655 Occasional updates ...... 300 1 300 2 0.5 150

Total ...... 21,558 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 (30 minutes).

The information collection reflects an Information from U.S. Processors that We calculate, therefore, that the total increase in burden by 18,458 hours due Export to the European Community’’ burden for this collection is 21,558 to the consolidation of the information and 0910–0839, ‘‘Establishing and hours. collections covered by OMB control Maintaining Lists of U.S. Dated: June 6, 2019. numbers 0910–0839 and 0910–0320. Manufacturers/Processors with Interest Lowell J. Schiller, Also, our current estimate of the number in Exporting CFSAN-Regulated Products Principal Associate Commissioner for Policy. of foreign countries that may require us to China.’’ to establish lists in the next 3 years and [FR Doc. 2019–12321 Filed 6–11–19; 8:45 am] We estimate that 1,460 firms will BILLING CODE 4164–01–P the type of information they may require average 30 minutes (0.5 hour) to submit us to collect to maintain such lists has new requests for inclusion on the list, also resulted in an increase. At the same 2,505 firms will average 30 minutes (0.5 DEPARTMENT OF HEALTH AND time, we have developed an electronic hour) to update their information every HUMAN SERVICES reporting portal that is expected to 2 years, and 300 firms will average 30 reduce the overall reporting time per minutes (0.5 hour) to occasionally Food and Drug Administration submission. The portal will enhance the update their information in this system. ability of firms to more efficiently [Docket No. FDA–2016–N–2474] request inclusion on export lists. Some firms will need to provide Agency Information Collection We base our estimate on the number documentation that they obtained third- Activities; Proposed Collection; of manufacturers/processors that have party certification to certify that they Comment Request; Reporting submitted new written requests, have met the requirements of the Associated With Designated New biennial updates, and occasional importing country. Currently, only Animal Drugs for Minor Use and Minor updates over the past 10 years. The China has this requirement. Based on Species estimate of the number of burden hours our experience with this program, 370 it will take a manufacturer/processor to firms will spend about 21 hours to AGENCY: Food and Drug Administration, gather the information needed to be complete the third-party certification for HHS. a total of 7,770 burden hours. During the placed on the list or update its ACTION: Notice. information is based on our experience biennial update, we estimate that about with manufacturers/processors half of the 1,110 manufacturers/ SUMMARY: The Food and Drug submitting similar requests. We believe processors for which the importing Administration (FDA or Agency) is that the information to be submitted country requires third-party certification announcing an opportunity for public will be readily available to will be recertified, meaning that 555 comment on the proposed collection of manufacturers/processors. This manufacturers/processors (1,110 certain information by the Agency. collection is incorporating additional manufacturers/processors × 0.5) will get Under the Paperwork Reduction Act of information collected to maintain lists recertified each year. We estimate that it 1995 (PRA), Federal Agencies are of eligible exporters of CFSAN-regulated will take each such manufacturer/ required to publish notice in the products who wish to export to foreign processor about 21 hours to complete Federal Register concerning each markets, including the European Union, the certification process for a total of proposed collection of information, Chile and China under OMB control 11,655 burden hours (555 including each proposed extension of an numbers 0910–0320, ‘‘Request for manufacturers/processors × 21 hours). existing collection of information, and

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27334 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

to allow 60 days for public comment in well as any attachments, except for Administration, Three White Flint response to the notice. This notice information submitted, marked and North, 10A–12M, 11601 Landsdown St., solicits comments on the reporting identified, as confidential, if submitted North Bethesda, MD 20852, 301–796– associated with designation under the as detailed in ‘‘Instructions.’’ 8867, [email protected]. Minor Use and Minor Species Animal Instructions: All submissions received SUPPLEMENTARY INFORMATION: Under the Health Act of 2004 (MUMS Act). must include the Docket No. FDA– PRA (44 U.S.C. 3501–3520), Federal DATES: Submit either electronic or 2016–N–2474 for ‘‘Reporting Associated Agencies must obtain approval from the written comments on the collection of With Designated New Animal Drugs for Office of Management and Budget information by August 12, 2019. Minor Use and Minor Species.’’ (OMB) for each collection of ADDRESSES: You may submit comments Received comments, those filed in a information they conduct or sponsor. as follows. Please note that late, timely manner (see ADDRESSES), will be ‘‘Collection of information’’ is defined untimely filed comments will not be placed in the docket and, except for in 44 U.S.C. 3502(3) and 5 CFR considered. Electronic comments must those submitted as ‘‘Confidential 1320.3(c) and includes Agency requests be submitted on or before August 12, Submissions,’’ publicly viewable at or requirements that members of the 2019. The https://www.regulations.gov https://www.regulations.gov or at the public submit reports, keep records, or electronic filing system will accept Dockets Management Staff between 9 provide information to a third party. comments until 11:59 p.m. Eastern Time a.m. and 4 p.m., Monday through Section 3506(c)(2)(A) of the PRA (44 Friday. U.S.C. 3506(c)(2)(A)) requires Federal at the end of August 12, 2019. • Comments received by mail/hand Confidential Submissions—To Agencies to provide a 60-day notice in delivery/courier (for written/paper submit a comment with confidential the Federal Register concerning each submissions) will be considered timely information that you do not wish to be proposed collection of information, if they are postmarked or the delivery made publicly available, submit your including each proposed extension of an service acceptance receipt is on or comments only as a written/paper existing collection of information, before that date. submission. You should submit two before submitting the collection to OMB copies total. One copy will include the for approval. To comply with this Electronic Submissions information you claim to be confidential requirement, FDA is publishing notice Submit electronic comments in the with a heading or cover note that states of the proposed collection of following way: ‘‘THIS DOCUMENT CONTAINS information set forth in this document. • Federal eRulemaking Portal: CONFIDENTIAL INFORMATION.’’ The With respect to the following https://www.regulations.gov. Follow the Agency will review this copy, including collection of information, FDA invites instructions for submitting comments. the claimed confidential information, in comments on these topics: (1) Whether Comments submitted electronically, its consideration of comments. The the proposed collection of information including attachments, to https:// second copy, which will have the is necessary for the proper performance www.regulations.gov will be posted to claimed confidential information of FDA’s functions, including whether the docket unchanged. Because your redacted/blacked out, will be available the information will have practical comment will be made public, you are for public viewing and posted on utility; (2) the accuracy of FDA’s solely responsible for ensuring that your https://www.regulations.gov. Submit estimate of the burden of the proposed comment does not include any both copies to the Dockets Management collection of information, including the confidential information that you or a Staff. If you do not wish your name and validity of the methodology and third party may not wish to be posted, contact information to be made publicly assumptions used; (3) ways to enhance such as medical information, your or available, you can provide this the quality, utility, and clarity of the anyone else’s Social Security number, or information on the cover sheet and not information to be collected; and (4) confidential business information, such in the body of your comments and you ways to minimize the burden of the as a manufacturing process. Please note must identify this information as collection of information on that if you include your name, contact ‘‘confidential.’’ Any information marked respondents, including through the use information, or other information that as ‘‘confidential’’ will not be disclosed of automated collection techniques, identifies you in the body of your except in accordance with 21 CFR 10.20 when appropriate, and other forms of comments, that information will be and other applicable disclosure law. For information technology. posted on https://www.regulations.gov. more information about FDA’s posting Reporting Associated With Designated • If you want to submit a comment of comments to public dockets, see 80 New Animal Drugs for Minor Use and with confidential information that you FR 56469, September 18, 2015, or access Minor Species—21 CFR Part 516 do not wish to be made available to the the information at: https://www.gpo.gov/ public, submit the comment as a fdsys/pkg/FR-2015-09-18/pdf/2015- OMB Control Number 0910–0605— written/paper submission and in the 23389.pdf. Extension manner detailed (see ‘‘Written/Paper Docket: For access to the docket to The MUMS Act (Pub. L. 108–282) Submissions’’ and ‘‘Instructions’’). read background documents or the amended the Federal Food, Drug, and electronic and written/paper comments Cosmetic Act to authorize FDA to Written/Paper Submissions received, go to https:// establish new regulatory procedures Submit written/paper submissions as www.regulations.gov and insert the intended to make more medications follows: docket number, found in brackets in the legally available to veterinarians and • Mail/Hand Delivery/Courier (for heading of this document, into the animal owners for the treatment of written/paper submissions): Dockets ‘‘Search’’ box and follow the prompts minor animal species as well as Management Staff (HFA–305), Food and and/or go to the Dockets Management uncommon diseases in major animal Drug Administration, 5630 Fishers Staff, 5630 Fishers Lane, Rm. 1061, species. This legislation provides Lane, Rm. 1061, Rockville, MD 20852. Rockville, MD 20852. incentives designed to help • For written/paper comments FOR FURTHER INFORMATION CONTACT: pharmaceutical companies overcome submitted to the Dockets Management JonnaLynn Capezzuto, Office of the financial burdens they face in Staff, FDA will post your comment, as Operations, Food and Drug providing limited-demand animal

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27335

drugs. These incentives are only and honeybees. Participation in the change in sponsorship of MUMS-drug available to sponsors whose drugs are MUMS program is completely optional designation; § 516.29 provides for ‘‘MUMS-designated’’ by FDA. Minor use for drug sponsors, so the associated termination of MUMS-drug designation; drugs are drugs for use in major species reporting only applies to those sponsors § 516.30 contains the requirements for (e.g., cattle, horses, swine, chickens, who request and are subsequently annual reports from sponsor(s) of turkeys, dogs, and cats) that are needed granted ‘‘MUMS designation.’’ MUMS-designated drugs; and § 516.36 for diseases that occur in only a small Our regulations in 21 CFR part 516 sets forth consequences for insufficient number of animals either because they specify the criteria and procedures for quantities of MUMS-designated drugs. occur infrequently or in limited requesting MUMS designation as well as geographic areas. Minor species are all the annual reporting requirements for Description of Respondents: The animals other than the major species MUMS designees. Section 516.20 respondents to this information (e.g., zoo animals, ornamental fish, provides requirements on the content collection are pharmaceutical parrots, ferrets, and guinea pigs). Some and format of a request for MUMS-drug companies that sponsor new animal animals of agricultural importance are designation; § 516.26 provides drugs. also minor species. These include requirements for amending MUMS-drug FDA estimates the burden of this animals such as sheep, goats, catfish, designation; § 516.27 provides for collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING 1

Number of Average 21 CFR section Number of responses per Total annual burden per Total hours respondents respondent responses response

516.20; content and format of MUMS request ...... 15 5 75 16 1,200 516.26; requirements for amending MUMS designation ..... 3 1 3 2 6 516.27; change in sponsorship ...... 1 1 1 1 1 516.29; termination of MUMS designation ...... 2 1 2 1 2 516.30; requirements of annual reports ...... 15 5 75 2 150 516.36; insufficient quantities ...... 1 1 1 3 3

Total ...... 1,362 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

The burden estimate for this reporting the discussions could disclose Health, 6701 Rockledge Drive, Room 4140, requirement was derived in our Office confidential trade secrets or commercial MSC 7814, Bethesda, MD 20892, 301–435– of Minor Use and Minor Species Animal property such as patentable material, 0912, [email protected]. Drug Development by extrapolating the and personal information concerning Name of Committee: Center for Scientific investigational new animal drug/new individuals associated with the grant Review Special Emphasis Panel, RFA–AI– animal drug application reporting applications, the disclosure of which 18–054 U.S.-Brazil Collaborative Biomedical requirements for similar actions by this would constitute a clearly unwarranted Research Program. same segment of the regulated industry invasion of personal privacy. Date: July 10, 2019. and from previous interactions with the Time: 9:00 a.m. to 5:00 p.m. Name of Committee: AIDS and Related Agenda: To review and evaluate grant minor use/minor species community, Research Integrated Review Group, HIV applications. and has not changed since the last OMB Comorbidities and Clinical Studies Study Place: National Institutes of Health, 6701 approval. Section. Rockledge Drive, Bethesda, MD 20892 Dated: June 6, 2019. Date: July 9–10, 2019. (Virtual Meeting). Time: 8:00 a.m. to 6:00 p.m. Lowell J. Schiller, Contact Person: Jin Huang, Ph.D., Agenda: To review and evaluate grant Scientific Review Officer, Center for Principal Associate Commissioner for Policy. applications. Scientific Review, National Institutes of [FR Doc. 2019–12316 Filed 6–11–19; 8:45 am] Place: Washington Marriott Georgetown, Health, 6701 Rockledge Drive, Room 4095G, BILLING CODE 4164–01–P 1221 22nd Street NW, Washington, DC MSC 7812, Bethesda, MD 20892, 301–435– 20037. 1230, [email protected]. Contact Person: Dimitrios Nikolaos Vatakis, Ph.D., Scientific Review Officer, Name of Committee: Center for Scientific DEPARTMENT OF HEALTH AND Review Special Emphasis Panel, PAR Panel: HUMAN SERVICES Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Clinical Pediatric and Fetal Applications. Date: July 11, 2019. National Institutes of Health Room 3190, Bethesda, MD 20892, 301–827– 7480, [email protected]. Time: 10:00 a.m. to 5:00 p.m. Agenda: To review and evaluate grant Name of Committee: Center for Scientific Center for Scientific Review; Notice of applications. Closed Meetings Review Special Emphasis Panel, Fellowships: Physiology and Pathobiology of Place: National Institutes of Health, 6701 Pursuant to section 10(d) of the the Vascular and Hematological Systems. Rockledge Drive, Bethesda, MD 20892 (Telephone Conference Call). Federal Advisory Committee Act, as Date: July 10, 2019. Time: 8:00 a.m. to 6:00 p.m. Contact Person: Khalid Masood, Ph.D., amended, notice is hereby given of the Scientific Review Officer, Center for following meetings. Agenda: To review and evaluate grant applications. Scientific Review, National Institutes of The meetings will be closed to the Place: The William F. Bolger Center, 9600 Health, 6701 Rockledge Drive, Room 5120, public in accordance with the Newbridge Drive, Potomac, MD 20854. MSC 7854, Bethesda, MD 20892, 301–435– provisions set forth in sections Contact Person: Katherine M. Malinda, 2392, [email protected]. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Ph.D., Scientific Review Officer, Center for Name of Committee: Center for Scientific as amended. The grant applications and Scientific Review, National Institutes of Review Special Emphasis Panel, RFA–AI–

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27336 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

18–054 U.S.-Brazil Collaborative. Biomedical for public comment on proposed data burden of the collection of information Research Program. collection projects, the Clinical Center, on those who are to respond, including Date: July 11, 2019. the National Institutes of Health (NIH) the use of appropriate automated, Time: 11:00 a.m. to 5:00 p.m. will publish periodic summaries of electronic, mechanical, or other Agenda: To review and evaluate grant applications. proposed projects to be submitted to the technological collection techniques or Place: National Institutes of Health, 6701 Office of Management and Budget other forms of information technology. Rockledge Drive, Bethesda, MD 20892 (OMB) for review and approval. Proposed Collection Title: The Impact (Virtual Meeting). DATES: Comments regarding this of Clinical Research Training and Contact Person: Scott Jakes, Ph.D., information collection are best assured Medical Education at the Clinical Center Scientific Review Officer, Center for of having their full effect if received Scientific Review, National Institutes of on Physician Careers in Academia and within 60 days of the date of this Clinical Research, OMB #0925–0602 Health, 6701 Rockledge Drive, Room 4198, publication. MSC 7812, Bethesda, MD 20892, 301–495– Expiration Date: 8/31/19, Revision, 1506, [email protected]. FOR FURTHER INFORMATION CONTACT: To Clinical Center (CC), National Institutes (Catalogue of Federal Domestic Assistance obtain a copy of the data collection of Health (NIH). Program Nos. 93.306, Comparative Medicine; plans and instruments, contact: Robert Need and Use of Information 93.333, Clinical Research, 93.306, 93.333, M. Lembo, MD, Office of Clinical Collection: The information collected 93.337, 93.393–93.396, 93.837–93.844, Research Training and Medical will allow continued assessment of the 93.846–93.878, 93.892, 93.893, National Education, NIH Clinical Center, value of the training provided by the Institutes of Health, HHS) National Institutes of Health, 10 Center Office of Clinical Research Training and Dated: June 7, 2019. Drive, Room 1N252C, Bethesda, MD Medical Education (OCRTME) at the Melanie J. Pantoja, 20892–1158, or call non-toll-free number (301) 496–2636, or Email your NIH Clinical Center and the extent to Program Analyst, Office of Federal Advisory which this training promotes (a) patient Committee Policy. request, including your address to: [email protected]. Formal requests safety; (b) research productivity and [FR Doc. 2019–12365 Filed 6–11–19; 8:45 am] independence; and (c) future career BILLING CODE 4140–01–P for additional plans and instruments must be requested in writing. development within clinical, translational, and academic research SUPPLEMENTARY INFORMATION: Section settings. The information received from DEPARTMENT OF HEALTH AND 3506(c)(2)(A) of the Paperwork respondents is presented to, evaluated HUMAN SERVICES Reduction Act of 1995 requires: Written comments and/or suggestions from the by, and incorporated into the ongoing National Institutes of Health public and affected agencies are invited operational improvement efforts of the to address one or more of the following Director of the Office of Clinical Proposed Collection; 60-Day Comment points: (1) Whether the proposed Research Training and Education, and Request: The Impact of Clinical collection of information is necessary the Chief Executive Officer of the NIH Research Training and Medical for the proper performance of the Clinical Center. This information will Education at the Clinical Center on function of the agency, including enable the ongoing operational Physician Careers in Academia and whether the information will have improvement efforts of the OCRTME Clinical Research (Clinical Center) practical utility; (2) The accuracy of the and its commitment to providing clinical research training and medical AGENCY: National Institutes of Health, agency’s estimate of the burden of the proposed collection of information, education of the highest quality to each HHS. trainee. ACTION: Notice. including the validity of the methodology and assumptions used; (3) OMB approval is requested for 3 SUMMARY: In compliance with the Ways to enhance the quality, utility, and years. There are no costs to respondents requirement of the Paperwork clarity of the information to be other than their time. The total Reduction Act of 1995, for opportunity collected; and (4) Ways to minimize the estimated annualized burden hours 478.

ESTIMATED ANNUALIZED BURDEN HOURS

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

CRTP/MRSP Alumni Survey ...... 704 1 20/60 235 Summer Internship Program Alumni Survey ...... 280 1 20/60 93 Graduate Medical Education Graduate Survey ...... 350 1 20/60 117 Clinical Electives Program 1 Year Alumni Surveys ...... 100 1 20/60 33

Total ...... 1,434 1,434 n/a 478

Dated: June 4, 2019. Laura M. Lee, Project Clearance Liaison, NIH Clinical Center, National Institutes of Health. [FR Doc. 2019–12387 Filed 6–11–19; 8:45 am] BILLING CODE 4140–01–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00106 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27337

DEPARTMENT OF HEALTH AND Business: Computational, Modeling and Contact Person: Sergei Ruvinov, Ph.D., HUMAN SERVICES Biodata Management. Scientific Review Officer, Center for Date: July 11, 2019. Scientific Review, National Institutes of National Institutes of Health Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 4158, Agenda: To review and evaluate grant MSC 7806, Bethesda, MD 20892, 301–435– Center for Scientific Review; Notice of applications. 1180, [email protected]. Closed Meetings Place: Hyatt Regency Bethesda, One Name of Committee: Center for Scientific Bethesda Metro Center, 7400 Wisconsin Review Special Emphasis Panel; Fellowship: Pursuant to section 10(d) of the Avenue, Bethesda, MD 20814. Musculoskeletal, Rehabilitation, and Skin Federal Advisory Committee Act, as Contact Person: Allen Richon, Ph.D., Sciences. amended, notice is hereby given of the Scientific Review Officer, Center for Date: July 12, 2019. following meetings. Scientific Review, National Institutes of Time: 9:00 a.m. to 6:00 p.m. Health, 6701 Rockledge Drive, Room 6184, Agenda: To review and evaluate grant The meetings will be closed to the MSC 7892, Bethesda, MD 20892, 301–379– public in accordance with the applications. 9351, [email protected]. Place: National Institutes of Health, RKL II, provisions set forth in sections Name of Committee: Genes, Genomes, and 6701 Rockledge Drive, Bethesda, MD 20892 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Genetics Integrated Review Group; (Virtual Meeting). as amended. The grant applications and Prokaryotic Cell and Molecular Biology Contact Person: Yi-Hsin Liu, Ph.D., the discussions could disclose Study Section. Scientific Review Officer, Center for confidential trade secrets or commercial Date: July 11–12, 2019. Scientific Review, National Institutes of property such as patentable material, Time: 8:30 a.m. to 6:00 p.m. Health, Bethesda, MD 20892, 301–435–1781, and personal information concerning Agenda: To review and evaluate grant [email protected]. individuals associated with the grant applications. Name of Committee: Center for Scientific applications, the disclosure of which Place: Sheraton Seattle, 1400 Sixth Ave., Review Special Emphasis Panel; PAR–18– Seattle, WA 98101. would constitute a clearly unwarranted 333: Understanding the Early Development of Contact Person: Luis Dettin, Ph.D., the Immune System. invasion of personal privacy. Scientific Review Officer, Center for Date: July 12, 2019. Name of Committee: Center for Scientific Scientific Review, National Institutes of Time: 1:00 p.m. to 2:30 p.m. Review Special Emphasis Panel; PAR Panel: Health, 6701 Rockledge Drive, Room 2208, Agenda: To review and evaluate grant Bioengineering Research Partnerships. Bethesda, MD 20892, 301–451–1327, applications. Date: July 10, 2019. [email protected]. Place: National Institutes of Health, 6701 Time: 1:00 p.m. to 5:00 p.m. Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 Agenda: To review and evaluate grant Review Special Emphasis Panel; Competitive (Telephone Conference Call). applications. Supplements/Revisions for the INCLUDE Contact Person: Hui Chen, MD, Scientific Place: National Institutes of Health, RKL II, (Investigation of Co-occurring Conditions Review Officer, Center for Scientific Review, 6701 Rockledge Drive, Bethesda, MD 20892 across the Lifespan to Understand Down National Institutes of Health, 6701 Rockledge (Telephone Conference Call). syndrome) Project. Drive, Room 6164, Bethesda, MD 20892, Contact Person: Songtao Liu, MD, Date: July 11, 2019. 301–435–1044, [email protected]. Scientific Review Officer, Center for Time: 9:30 a.m. to 5:00 p.m. (Catalogue of Federal Domestic Assistance Scientific Review, National Institutes of Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine; Health, 6701 Rockledge Drive, Room 5118, applications. 93.333, Clinical Research, 93.306, 93.333, Bethesda, MD 20817, 301–827–6828, Place: National Institutes of Health, 6701 93.337, 93.393–93.396, 93.837–93.844, [email protected]. Rockledge Drive, Bethesda, MD 20892 93.846–93.878, 93.892, 93.893, National Name of Committee: Center for Scientific (Virtual Meeting). Institutes of Health, HHS) Review Special Emphasis Panel; Fellowship: Contact Person: Mehrdad Mohseni, MD, Dated: June 6, 2019. Infectious Diseases and Microbiology. Scientific Review Officer, Center for Ronald J. Livingston, Jr., Date: July 11–12, 2019. Scientific Review, National Institutes of Time: 8:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Room 5211, Program Analyst, Office of Federal Advisory Agenda: To review and evaluate grant MSC 7854, Bethesda, MD 20892, 301–435– Committee Policy. applications. 0484, [email protected]. [FR Doc. 2019–12348 Filed 6–11–19; 8:45 am] Place: Mayflower Park Hotel, 405 Olive Way, Seattle, WA 98101. Name of Committee: Center for Scientific BILLING CODE 4140–01–P Contact Person: Tamara Lyn McNealy, Review Special Emphasis Panel; PAR Panel: Ph.D., Scientific Review Officer, Center for Inter-Organelle Communication in Cancer. Scientific Review, National Institutes of Date: July 11, 2019. DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 3188, Time: 11:00 a.m. to 4:00 p.m. HUMAN SERVICES Bethesda, MD 20892, 301–827–2372, Agenda: To review and evaluate grant [email protected]. applications. National Institutes of Health Name of Committee: Center for Scientific Place: National Institutes of Health, RKL II, Review Special Emphasis Panel; Fellowship: 6701 Rockledge Drive, Bethesda, MD 20892 Center for Scientific Review: Notice of Oncology. (Virtual Meeting). Closed Meeting Date: July 11–12, 2019. Contact Person: Thomas Y. Cho, Ph.D., Time: 8:00 a.m. to 5:00 p.m. Scientific Review Officer, Center for Pursuant to section 10(d) of the Agenda: To review and evaluate grant Scientific Review, 6701 Rockledge Drive, Federal Advisory Committee Act, as applications. Bethesda, MD 20892, 301–402–4179, amended, notice is hereby given of the Place: Embassy Suites at the Chevy Chase [email protected]. following meeting. Pavilion, 4300 Military Road NW, Name of Committee: Center for Scientific The meeting will be closed to the Washington, DC 20015. Review Special Emphasis Panel; Member public in accordance with the Contact Person: Reigh-Yi Lin, Ph.D., Conflict: Computational Structural Biology. provisions set forth in sections Scientific Review Officer, Center for Date: July 11–12, 2019. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review, National Institutes of Time: 11:00 a.m. to 5:00 p.m. Health, 6701 Rockledge Drive, Rm. 4152, Agenda: To review and evaluate grant as amended. The grant applications and Bethesda, MD 20892, 301–827–6009, applications. the discussions could disclose [email protected]. Place: National Institutes of Health, 6701 confidential trade secrets or commercial Name of Committee: Center for Scientific Rockledge Drive, Bethesda, MD 20892 property such as patentable material, Review Special Emphasis Panel; Small (Virtual Meeting). and personal information concerning

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27338 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

individuals associated with the grant DEPARTMENT OF HEALTH AND property such as patentable material, applications, the disclosure of which HUMAN SERVICES and personal information concerning would constitute a clearly unwarranted individuals associated with the grant invasion of personal privacy. National Institutes of Health applications, the disclosure of which would constitute a clearly unwarranted Name of Committee: Center for Scientific National Institute on Aging; Notice of invasion of personal privacy. Review Special Emphasis Panel PAR NS18– Closed Meeting 018: BRAIN Initiative Biology and Biophysics Name of Committee: National Institute of of Neural Stimulation. Pursuant to section 10(d) of the Mental Health Special Emphasis Panel; Date: June 19, 2019. Federal Advisory Committee Act, as NIMH Secondary Data Analysis of Preventive Interventions. Time: 5:00 p.m. to 6:00 p.m. amended, notice is hereby given of the Date: July 8, 2019. Agenda: To review and evaluate grant following meeting. Time: 12:00 p.m. to 5:00 p.m. applications. The meeting will be closed to the public in accordance with the Agenda: To review and evaluate grant Place: Residence Inn Bethesda, 7335 applications. Wisconsin Avenue, Bethesda, MD 20814. provisions set forth in sections Place: National Institutes of Health, Contact Person: Robert C Elliott, Ph.D., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Neuroscience Center Building (NSC), 6001 Scientific Review Officer, Center for as amended. The grant applications and Executive Boulevard, Rockville, MD 20852 Scientific Review, National Institutes of the discussions could disclose (Virtual Meeting). Health, 6701 Rockledge Drive, Room 3130, confidential trade secrets or commercial Contact Person: Marcy Ellen Burstein, MSC 7850, Bethesda, MD 20892, 301–435– property such as patentable material, Ph.D., Scientific Review Officer, Division of 3009, [email protected]. and personal information concerning Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, This notice is being published less than 15 individuals associated with the grant applications, the disclosure of which 6001 Executive Blvd., Room 6143, MSC 9606, days prior to the meeting due to the timing Bethesda, MD 20892, 301–443–9699, limitations imposed by the review and would constitute a clearly unwarranted [email protected]. invasion of personal privacy. funding cycle. Name of Committee: National Institute of (Catalogue of Federal Domestic Assistance Name of Committee: National Institute on Mental Health Special Emphasis Panel; Program Nos. 93.306, Comparative Medicine; Aging Special Emphasis Panel; Relationship NIMH Practice-Based Research Network to 93.333, Clinical Research, 93.306, 93.333, between Delirium and ADRD. Transform Mental Health Care. 93.337, 93.393–93.396, 93.837–93.844, Date: July 9, 2019. Date: July 8, 2019. 93.846–93.878, 93.892, 93.893, National Time: 11:00 a.m. to 1:00 p.m. Time: 12:30 p.m. to 5:00 p.m. Institutes of Health, HHS) Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. Dated: June 6, 2019. Place: National Institute on Aging, Place: National Institutes of Health, Gateway Building, 7201 Wisconsin Avenue, Neuroscience Center Building (NSC), 6001 Ronald J. Livingston, Jr., Bethesda, MD 20892 (Telephone Conference Executive Boulevard, Rockville, MD 20852 Program Analyst, Office of Federal Advisory Call). (Virtual Meeting). Committee Policy. Contact Person: Isis S. Mikhail, MD, MPH, Contact Person: Karen Gavin-Evans, Ph.D., [FR Doc. 2019–12345 Filed 6–11–19; 8:45 am] DRPH, National Institute on Aging, Gateway Scientific Review Officer, Division of Building, 7201 Wisconsin Avenue, Suite BILLING CODE 4140–01–P Extramural Activities, National Institute of 2C212, Bethesda, MD 20892, 301–402–7704, Mental Health, NIH, Neuroscience Center, [email protected]. 6001 Executive Blvd., Room 6153, MSC 9606, (Catalogue of Federal Domestic Assistance Bethesda, MD 20892, 301–443–2356, DEPARTMENT OF HEALTH AND Program Nos. 93.866, Aging Research, [email protected]. HUMAN SERVICES National Institutes of Health, HHS) Name of Committee: National Institute of Dated: June 7, 2019. Mental Health Special Emphasis Panel; National Institutes of Health ZMH1–ERB–C–06: Novel Mechanism Melanie J. Pantoja, research on Neuropsychiatric Symptoms Center for Scientific Review; Amended Program Analyst, Office of Federal Advisory (NPS) in Alzheimer’s Dementia. Notice of Meeting Committee Policy. Date: July 9, 2019. [FR Doc. 2019–12367 Filed 6–11–19; 8:45 am] Time: 1:00 p.m. to 5:00 p.m. Notice is hereby given of a change in BILLING CODE 4140–01–P Agenda: To review and evaluate grant the meeting of the Cancer Biomarkers applications. Study Section, June 17, 2019, 8:00 p.m. Place: National Institutes of Health, to June 18, 2019, 5:00 p.m., which was DEPARTMENT OF HEALTH AND Neuroscience Center Building (NSC), 6001 HUMAN SERVICES Executive Boulevard, Rockville, MD 20852 published in the Federal Register on (Virtual Meeting). April 22, 2019, 84 FR 16683. National Institutes of Health Contact Person: Vinod Charles, Ph.D., The meeting time is being changed to Scientific Review Officer, Division of 8:00 a.m. instead of 8:00 p.m. Meeting National Institute of Mental Health; Extramural Activities, National Institute of Notice of Closed Meeting Mental Health, NIH, Neuroscience Center, dates remain the same. The meeting is 6001 Executive Blvd., Room 6151, MSC 9606, closed to the public. Pursuant to section 10(d) of the Bethesda, MD 20892, 301–443–29606, Dated: June 7, 2019. Federal Advisory Committee Act, as [email protected]. Melanie J. Pantoja, amended, notice is hereby given of the Name of Committee: National Institute of following meetings. Mental Health Special Emphasis Panel; Early Program Analyst, Office of Federal Advisory Phase Clinical Trials—Pharma/Device and K Committee Policy. The meeting will be closed to the public in accordance with the Awards. [FR Doc. 2019–12366 Filed 6–11–19; 8:45 am] Date: July 9, 2019. provisions set forth in sections BILLING CODE 4140–01–P Time: 12:00 p.m. to 3:30 p.m. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate grant as amended. The grant applications and applications. the discussions could disclose Place: National Institutes of Health, confidential trade secrets or commercial Neuroscience Center Building (NSC), 6001

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27339

Executive Boulevard, Rockville, MD 20852 Agenda: To review and evaluate grant of automated collection techniques or (Virtual Meeting). applications. other forms of information technology. Contact Person: Rebecca Steiner Garcia, Place: National Institutes of Health, Ph.D., Scientific Review Officer, Division of National Institute on Alcohol Abuse and Proposed Project: 2020 National Survey Extramural Activities, National Institute of Alcoholism, 6700B Rockledge Drive, Room on Drug Use and Health Clinical Mental Health, NIH, Neuroscience Center, 2114, Bethesda, MD 20892 (Telephone Validation Study and Redesign Field 6001 Executive Blvd., Room 6149, MSC 9608, Conference Call). Test (OMB No. 0930–0110)—Revision to Bethesda, MD 20892, 301–443–4525, Contact Person: Ranga Srinivas, Ph.D., 2019 NSDUH Collection [email protected]. Chief Extramural Project Review Branch, Name of Committee: National Institute of National Institute on Alcohol Abuse and The National Survey on Drug Use and Mental Health Special Emphasis Panel; R34 Alcoholism, National Institutes of Health, Health (NSDUH) is a survey of the U.S. Refinement and Testing of Interventions to 6700 B Rockledge Drive, Room 2114, civilian, non-institutionalized Sustain ADHD Treatment Effects. Bethesda, MD 20892, (301) 451–2067, population aged 12 years old or older. Date: July 10, 2019. [email protected]. The data are used to determine the Time: 12:30 p.m. to 4:00 p.m. (Catalogue of Federal Domestic Assistance prevalence of use of tobacco products, Agenda: To review and evaluate grant Program Nos. 93.271, Alcohol Research alcohol, illicit substances, and illicit use applications. Career Development Awards for Scientists of prescription drugs. The results are Place: National Institutes of Health, and Clinicians; 93.272, Alcohol National used by SAMHSA, the Office of Neuroscience Center Building (NSC), 6001 Research Service Awards for Research National Drug Control Policy (ONDCP), Executive Boulevard, Rockville, MD 20852 Training; 93.273, Alcohol Research Programs; (Virtual Meeting). federal government agencies, and other 93.891, Alcohol Research Center Grants; organizations and researchers to Contact Person: Karen Gavin-Evans, Ph.D., 93.701, ARRA Related Biomedical Research Scientific Review Officer, Division of and Research Support Awards., National establish policy, direct program Extramural Activities, National Institute of Institutes of Health, HHS) activities, and better allocate resources. Mental Health, NIH, Neuroscience Center, 2020 NSDUH Main Study— 6001 Executive Blvd., Room 6153, MSC 9606, Dated: June 7, 2019. NSDUH must be updated periodically Bethesda, MD 20892, 301–443–2356, Melanie J. Pantoja, to reflect changing substance use and [email protected]. Program Analyst, Office of Federal Advisory mental health issues and to continue (Catalogue of Federal Domestic Assistance Committee Policy. producing current data. For the 2020 Program No. 93.242, Mental Health Research [FR Doc. 2019–12369 Filed 6–11–19; 8:45 am] NSDUH main study the following Grants, National Institutes of Health, HHS) BILLING CODE 4140–01–P changes from 2019 are planned: (1) The Dated: June 7, 2019. addition of lifetime and recency Melanie J. Pantoja, questions about vaping anything and Program Analyst, Office of Federal Advisory DEPARTMENT OF HEALTH AND vaping nicotine or tobacco; the addition Committee Policy. HUMAN SERVICES of lifetime and recency questions on [FR Doc. 2019–12368 Filed 6–11–19; 8:45 am] synthetic marijuana and synthetic Substance Abuse and Mental Health BILLING CODE 4140–01–P stimulants; (2) the addition of questions Services Administration in concordance with the Diagnostic and Statistical Manual of Mental Disorders Agency Information Collection DEPARTMENT OF HEALTH AND (DSM), fifth edition criteria (DSM–5) to Activities: Proposed Collection; HUMAN SERVICES measure the occurrence of marijuana Comment Request withdrawal symptoms, occurrence of National Institutes of Health prescription tranquilizer misuse In compliance with section withdrawal symptoms and occurrence 3506(c)(2)(A) of the Paperwork National Institute on Alcohol Abuse of craving for all substances; (3) minor Reduction Act of 1995 concerning and Alcoholism; Notice of Closed revisions to the marijuana marketplace opportunity for public comment on Meeting module; and (4) other minor wording proposed collections of information, the changes to improve the flow of the Pursuant to section 10(d) of the Substance Abuse and Mental Health interview, increase respondent Federal Advisory Committee Act, as Services Administration (SAMHSA) comprehension or to be consistent with amended, notice is hereby given of the will publish periodic summaries of following meeting. text in other questions. proposed projects. To request more By including these new questions in The meeting will be closed to the information on the proposed projects or public in accordance with the NSDUH, estimates may be generated on to obtain a copy of the information the use of these substances among the provisions set forth in sections collection plans, call the SAMHSA 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., general population and allow SAMHSA Reports Clearance Officer on (240) 276– to provide national-level estimates as amended. The grant applications and 1112. the discussions could disclose among adults and adolescents on the confidential trade secrets or commercial Comments are invited on: (a) Whether use of vaping, synthetic marijuana, and property such as patentable material, the proposed collections of information synthetic stimulants. In addition, and personal information concerning are necessary for the proper because NSDUH collects demographic, individuals associated with the grant performance of the functions of the socioeconomic, and health information applications, the disclosure of which agency, including whether the about each respondent, the inclusion of would constitute a clearly unwarranted information shall have practical utility; these questions would permit a more invasion of personal privacy. (b) the accuracy of the agency’s estimate detailed understanding of factors of the burden of the proposed collection associated with their use. Name of Committee: National Institute on of information; (c) ways to enhance the The new questions on craving for all Alcohol Abuse and Alcoholism Special Emphasis Panel; Mechanistic Studies on quality, utility, and clarity of the substances and withdrawal for Chronic Alcohol and Sleep R01 Review Panel information to be collected; and (d) marijuana/cannabis were added to the RFA–AA–19–006. ways to minimize the burden of the 2020 NSDUH main study to reflect the Date: July 26, 2019. collection of information on updated DSM–5 diagnostic criteria for Time: 11:00 a.m. to 2:00 p.m. respondents, including through the use substance use disorders. Questions

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27340 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

measuring withdrawal for tranquilizers (This module was not part of the As with all NSDUH/NHSDA surveys have been added to ensure SUD for NSDUH questionnaire from 2015–2017.) conducted since 1999, the sample size tranquilizers is accurately assessed as This module consists of a series of of the NSDUH main study for 2020 will well. questions that seek to gather data such be sufficient to permit prevalence The marijuana marketplace module as the location, quantity, cost and type estimates for each of the fifty states and (originally dropped in the 2015 redesign of marijuana being purchased across the the District of Columbia. (Prior to 2002, questionnaire) was reinserted in the nation. Revisions have been made to the NSDUH was referred to as the NSDUH main study questionnaire this module for 2020 to reflect the National Household Survey on Drug starting in 2018 at the request of ONDCP availability that marijuana can now be Abuse (NHSDA).) The total annual but was unchanged from the version purchased from a retail store or burden estimate for the NSDUH main previously used in the 2014 NSDUH. dispensary. study is shown below in Table 1.

TABLE 1—ANNUALIZED ESTIMATED BURDEN FOR 2020 NSDUH

Responses Instrument Number of per Total number Hours per Total burden respondents respondent of responses response hours

Household Screening ...... 143,255 1 143,255 0.083 11,890 Interview ...... 69,007 1 69,007 1.000 69,007 Screening Verification ...... 4,348 1 4,348 0.067 291 Interview Verification ...... 10,351 1 10,351 0.067 694

Total ...... 143,255 ...... 226,961 ...... 81,882

Clinical Validation Study— the Structured Clinical Interview for as part of the 2018 National Mental In addition, a Clinical Validation DSM–5 (SCID–5). Health Study (approved under OMB No. Study (CVS) is planned to be embedded During CVS data collection from 0930–0380) and the 2008–2012 NSDUH January through June 2020, within the first six months of 2020 Mental Health Surveillance Study approximately 1,500 NSDUH main NSDUH main study data collection to (approved as an add-on to NSDUH study interview respondents will be under OMB No. 0930–0110). assess revisions to the substance use selected for a follow-up clinical Also, to complete training prior to disorders (SUD) module to be consistent interview at the end of the main study CVS data collection, each clinical with the DSM–5. The CVS will examine interview in order to produce a final interviewer candidate hired must the validity of this revised NSDUH sample size of approximately 825 CVS assessment of SUD by administering respondents. These follow-up clinical successfully administer the follow-up questions to adults and adolescents who interviews will be conducted via clinical interview with a volunteer will then be interviewed by clinical telephone using the SCID–5 within two respondent. These 70 certification interviewers (who are blinded to the to four weeks following the NSDUH interviews will be administered in the NSDUH main study responses) and main study interview. same manner as CVS follow-up clinical classified as having or not having Many of the procedures and protocols interviews. substance use disorders based on past planned for inclusion in this CVS are The total annual burden estimate for year DSM–5 disorders, as assessed by based upon those previously employed the CVS is shown below in Table 2.

TABLE 2—ANNUALIZED ESTIMATED BURDEN FOR 2020 NSDUH CVS

Responses Instrument Number of per Total number Hours per Total burden respondents respondent of responses response hours

Follow-Up Clinical Interviews ...... 826 1 826 0.83 686 Follow-Up Clinical Certifications ...... 70 1 70 0.83 58

Total ...... 896 ...... 896 ...... 744

Redesign Field Test— quality of estimates and the efficiency of substantive domains, including effects Also, as part of SAMHSA’s ongoing data collection. Planned FT on data quality (as measured by effort to ensure NSDUH continues modifications include changes to outcomes such as unit nonresponse, producing current and accurate data, a respondent incentives, respondent item nonresponse, and survey Redesign Field Test (FT) is planned materials, the household screening responses), questionnaire timing, data from August through November 2020 to questionnaire, the interview collection efficiency, and possible assess potential revisions to the NSDUH questionnaire, and other data collection differences in reporting of substance use main study questionnaire. These methods. or mental health items. revisions are designed to address The FT is essential for providing a During FT data collection from changing policy and research data thorough examination of these planned August through November 2020, needs; in addition, modifications to changes prior to their deployment on conducted separately from ongoing 2020 associated survey materials and the NSDUH main study to determine NSDUH main study data collection at methods are designed to improve the potential impact across operational and that time, screenings will be completed

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27341

with approximately 8,110 English- answer brochure; (4) a conditional test questions on a variety of items such as speaking respondents in the contiguous of a $5 screening incentive to assess Electronic Nicotine Delivery Systems United States. (Alaska and Hawaii are impact on response rates; and (5) the (ENDS), synthetic drugs, pain and sleep, excluded from the FT to control study inclusion of two outcome questions on vaping and needle use, and criminal costs.) From those screenings, past month alcohol and past month justice; (5) the addition of measures of approximately 4,000 respondents, as cigarette use at the end of the screening adolescent psychological distress and/or representatives of the civilian, to assess nonresponse bias from the impairment; (6) the expansion of suicide noninstitutional population aged 12 screening incentive. items; and (7) other general For the NSDUH FT interview, years old or older, are expected to questionnaire revisions such as complete a FT interview using the revisions may include: (1) A conditional clarifying wording and terminology, revised questionnaire and materials. test of a $50 interview incentive to For the NSDUH FT screening, assess impact on response rates; (2) reordering for improved question flow, revisions may include: (1) A revised revisions to the DSM–5-based SUD formatting changes, removal of roster structure; (2) various wording module as a result of prior testing in the questions with low prevalence rates, edits to improve respondent CVS; (3) the inclusion of new modules and other minor updates and revisions. comprehension and flow; (3) the use of on substance use treatment and mental The total annual burden estimate for revised materials, such as the lead letter, health service utilization; (4) the the FT is shown below in Table 3. study description and question & addition of new and/or revised

TABLE 3—ANNUALIZED ESTIMATED BURDEN FOR REDESIGN FIELD TEST

Responses Instrument Number of per Total number Hours per Total burden respondents respondent of responses response hours

Household Screening ...... 8,110 1 8,110 0.083 673 Interview ...... 4,000 1 4,000 1.000 4,000 Screening Verification ...... 246 1 246 0.067 17 Interview Verification ...... 600 1 600 0.067 40

Total ...... 8,110 ...... 12,596 ...... 4,730

Send comments to Janet Heekin, following collection of information: Public Participation and Request for SAMHSA Reports Clearance Officer, 1625–0049, Waterfront Facilities Comments Room 15E21B, 5600 Fishers Lane, Handling Liquefied Natural Gas (LNG) This notice relies on the authority of Rockville, MD 20857 or email a copy at and Liquefied Hazardous Gas (LHG); the Paperwork Reduction Act of 1995; [email protected]. without change. Our ICR describe the 44 U.S.C. Chapter 35, as amended. An Written comments should be received information we seek to collect from the ICR is an application to OIRA seeking by August 12, 2019. public. Before submitting this ICR to the approval, extension, or renewal of a OIRA, the Coast Guard is inviting Dated: June 6, 2019. Coast Guard collection of information comments as described below. Carlos Castillo, (Collection). The ICR contains Committee Management Officer. DATES: Comments must reach the Coast information describing the Collection’s [FR Doc. 2019–12340 Filed 6–11–19; 8:45 am] Guard on or before August 12, 2019. purpose, the Collection’s likely burden BILLING CODE 4162–20–P ADDRESSES: You may submit comments on the affected public, an explanation of identified by Coast Guard docket the necessity of the Collection, and number [USCG–2019–0353] to the Coast other important information describing DEPARTMENT OF HOMELAND Guard using the Federal eRulemaking the Collection. There is one ICR for each SECURITY Portal at https://www.regulations.gov. Collection. See the ‘‘Public participation and The Coast Guard invites comments on Coast Guard request for comments’’ portion of the whether this ICR should be granted SUPPLEMENTARY INFORMATION section for based on the Collection being necessary [Docket No. USCG–2019–0353] further instructions on submitting for the proper performance of Information Collection Request to comments. Departmental functions. In particular, Office of Management and Budget; A copy of the ICR is available through the Coast Guard would appreciate OMB Control Number: 1625–0049 the docket on the internet at https:// comments addressing: (1) The practical www.regulations.gov. Additionally, utility of the Collection; (2) the accuracy AGENCY: Coast Guard, DHS. copies are available from: Commandant of the estimated burden of the ACTION: Sixty-day notice requesting (CG–612), Attn: Paperwork Reduction Collection; (3) ways to enhance the comments. Act Manager, U.S. Coast Guard, 2703 quality, utility, and clarity of Martin Luther King Jr. Ave. SE, Stop information subject to the Collection; SUMMARY: In compliance with the 7710, Washington, DC 20593–7710. and (4) ways to minimize the burden of Paperwork Reduction Act of 1995, the the Collection on respondents, U.S. Coast Guard intends to submit an FOR FURTHER INFORMATION CONTACT: Mr. including the use of automated Information Collection Request (ICR) to Anthony Smith, Office of Information collection techniques or other forms of the Office of Management and Budget Management, telephone 202–475–3532, information technology. Consistent with (OMB), Office of Information and or fax 202–372–8405, for questions on the requirements of Executive Order Regulatory Affairs (OIRA), requesting an these documents. 13771, Reducing Regulation and extension of its approval for the SUPPLEMENTARY INFORMATION: Controlling Regulatory Costs, and

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27342 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Executive Order 13777, Enforcing the Forms: None. Martin Luther King Jr. Ave. SE, Stop Regulatory Reform Agenda, the Coast Respondents: Owners and operators 7710, Washington, DC 20593–7710. Guard is also requesting comments on of waterfront facilities that transfer LNG FOR FURTHER INFORMATION CONTACT: Mr. the extent to which this request for or LHG. Anthony Smith, Office of Information information could be modified to reduce Frequency: On occasion. Management, telephone 202–475–3532, the burden on respondents. In response Hour Burden Estimate: The estimated or fax 202–372–8405, for questions on to your comments, we may revise this burden has decreased from 9,734 hours these documents. to 5,029 hours a year, due to a decrease ICR or decide not to seek an extension SUPPLEMENTARY INFORMATION: of approval for the Collection. We will in the estimated annual number of consider all comments and material responses. Public Participation and Request for received during the comment period. Authority: The Paperwork Reduction Act Comments We encourage you to respond to this of 1995; 44 U.S.C. Chapter 35, as amended. This notice relies on the authority of request by submitting comments and Dated: June 6, 2019. the Paperwork Reduction Act of 1995; related materials. Comments must James D. Roppel, 44 U.S.C. Chapter 35, as amended. An contain the OMB Control Number of the ICR is an application to OIRA seeking ICR and the docket number of this U.S. Coast Guard, Chief, Office of Information Management. the approval, extension, or renewal of a request, [USCG–2019–0353], and must Coast Guard collection of information be received by August 12, 2019. [FR Doc. 2019–12359 Filed 6–11–19; 8:45 am] BILLING CODE 9110–04–P (Collection). The ICR contains Submitting Comments information describing the Collection’s We encourage you to submit purpose, the Collection’s likely burden comments through the Federal DEPARTMENT OF HOMELAND on the affected public, an explanation of eRulemaking Portal at https:// SECURITY the necessity of the Collection, and www.regulations.gov. If your material other important information describing Coast Guard cannot be submitted using https:// the Collection. There is one ICR for each www.regulations.gov, contact the person [Docket No. USCG–2019–0354] Collection. The Coast Guard invites comments on in the FOR FURTHER INFORMATION whether this ICR should be granted CONTACT section of this document for Information Collection Request to alternate instructions. Documents Office of Management and Budget; based on the Collection being necessary mentioned in this notice, and all public OMB Control Number: 1625–0063 for the proper performance of Departmental functions. In particular, comments, are in our online docket at AGENCY: Coast Guard, DHS. https://www.regulations.gov and can be the Coast Guard would appreciate ACTION: Sixty-day notice requesting viewed by following that website’s comments addressing: (1) The practical comments. instructions. Additionally, if you go to utility of the Collection; (2) the accuracy of the estimated burden of the the online docket and sign up for email SUMMARY: In compliance with the alerts, you will be notified when Collection; (3) ways to enhance the Paperwork Reduction Act of 1995, the quality, utility, and clarity of comments are posted. U.S. Coast Guard intends to submit an We accept anonymous comments. All information subject to the Collection; Information Collection Request (ICR) to and (4) ways to minimize the burden of comments received will be posted the Office of Management and Budget without change to https:// the Collection on respondents, (OMB), Office of Information and including the use of automated www.regulations.gov and will include Regulatory Affairs (OIRA), requesting an any personal information you have collection techniques or other forms of extension of its approval for the information technology. Consistent with provided. For more about privacy and following collection of information: the docket, you may review a Privacy the requirements of Executive Order 1625–0063, Marine Occupational Health 13771, Reducing Regulation and Act notice regarding the Federal Docket and Safety Standards for Benzene, Management System in the March 24, Controlling Regulatory Costs, and without change. Our ICR describe the Executive Order 13777, Enforcing the 2005, issue of the Federal Register (70 information we seek to collect from the FR 15086). Regulatory Reform Agenda, the Coast public. Before submitting this ICR to Guard is also requesting comments on Information Collection Request OIRA, the Coast Guard is inviting the extent to which this request for comments as described below. Title: Waterfront Facilities Handling information could be modified to reduce Liquefied Natural Gas (LNG) and DATES: Comments must reach the Coast the burden on respondents. In response Liquefied Hazardous Gas (LHG). Guard on or before August 12, 2019. to your comments, we may revise this OMB Control Number: 1625–0049. ADDRESSES: You may submit comments ICR or decide not to seek an extension Summary: Liquefied Natural Gas identified by Coast Guard docket of approval for the Collection. We will (LNG) and other liquefied Hazardous number [USCG–2019–0354] to the Coast consider all comments and material Gases (LHG) present a risk to the public Guard using the Federal eRulemaking received during the comment period. when handled at waterfront facilities. Portal at https://www.regulations.gov. We encourage you to respond to this These rules should either prevent See the ‘‘Public participation and request by submitting comments and accidental releases at waterfront request for comments’’ portion of the related materials. Comments must facilities or mitigate their results. They SUPPLEMENTARY INFORMATION section for contain the OMB Control Number of the are necessary to promote and verify further instructions on submitting ICR and the docket number of this compliance with safety standards. comments. request, [USCG–2019–0354], and must Need: Title 33 CFR part 127 prescribe A copy of the ICR is available through be received by August 12, 2019. safety standards for the design, the docket on the internet at https:// construction, equipment, operations, www.regulations.gov. Additionally, Submitting Comments maintenance, personnel training, and copies are available from: Commandant We encourage you to submit fire protection at waterfront facilities (CG–612), Attn: Paperwork Reduction comments through the Federal handling LNG or LHG. Act Manager, U.S. Coast Guard, 2703 eRulemaking Portal at https://

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27343

www.regulations.gov. If your material SUMMARY: In compliance with the of the estimated burden of the cannot be submitted using https:// Paperwork Reduction Act of 1995, the Collection; (3) ways to enhance the www.regulations.gov, contact the person U.S. Coast Guard intends to submit an quality, utility, and clarity of in the FOR FURTHER INFORMATION Information Collection Request (ICR) to information subject to the Collection; CONTACT section of this document for the Office of Management and Budget and (4) ways to minimize the burden of alternate instructions. Documents (OMB), Office of Information and the Collection on respondents, mentioned in this notice, and all public Regulatory Affairs (OIRA), requesting an including the use of automated comments, are in our online docket at extension of its approval for the collection techniques or other forms of https://www.regulations.gov and can be following collection of information: information technology. Consistent with viewed by following that website’s 1625–0126, Requirements for Vessels the requirements of Executive Order instructions. Additionally, if you go to that Perform Certain Aquaculture 13771, Reducing Regulation and the online docket and sign up for email Support Operations; without change. Controlling Regulatory Costs, and alerts, you will be notified when Our ICR describe the information we Executive Order 13777, Enforcing the comments are posted. seek to collect from the public. Before Regulatory Reform Agenda, the Coast We accept anonymous comments. All submitting this ICR to OIRA, the Coast Guard is also requesting comments on comments received will be posted Guard is inviting comments as the extent to which this request for without change to https:// described below. information could be modified to reduce www.regulations.gov and will include DATES: Comments must reach the Coast the burden on respondents. In response any personal information you have Guard on or before August 12, 2019. to your comments, we may revise this provided. For more about privacy and ADDRESSES: You may submit comments ICR or decide not to seek an extension the docket, you may review a Privacy identified by Coast Guard docket of approval for the Collection. We will Act notice regarding the Federal Docket number [USCG–2019–0352] to the Coast consider all comments and material Management System in the March 24, Guard using the Federal eRulemaking received during the comment period. 2005, issue of the Federal Register (70 Portal at https://www.regulations.gov. We encourage you to respond to this FR 15086). See the ‘‘Public participation and request by submitting comments and request for comments’’ portion of the related materials. Comments must Information Collection Request contain the OMB Control Number of the SUPPLEMENTARY INFORMATION section for Title: Marine Occupational Health further instructions on submitting ICR and the docket number of this and Safety Standards for Benzene—46 comments. request, [USCG–2019–0352], and must CFR 197 Subpart C. A copy of the ICR is available through be received by August 12, 2019. OMB Control Number: 1625–0063. the docket on the internet at https:// Submitting Comments Summary: To protect marine workers www.regulations.gov. Additionally, We encourage you to submit from exposure to toxic Benzene vapor, copies are available from: Commandant comments through the Federal the Coast Guard implemented Title 46 (CG–612), Attn: Paperwork Reduction eRulemaking Portal at https:// CFR 197 Subpart C. Act Manager, U.S. Coast Guard, 2703 www.regulations.gov. If your material Need: This information collection is Martin Luther King Jr. Ave. SE, Stop cannot be submitted using https:// vital to verifying compliance. 7710, Washington, DC 20593–7710. Forms: None. www.regulations.gov, contact the person FOR FURTHER INFORMATION CONTACT: Mr. Respondents: Owners and operators in the FOR FURTHER INFORMATION Anthony Smith, Office of Information CONTACT section of this document for of vessels. Management, telephone 202–475–3532, Frequency: On occasion. alternate instructions. Documents or fax 202–372–8405, for questions on mentioned in this notice, and all public Hour Burden Estimate: The estimated these documents. annual burden remains 38,165 hours a comments, are in our online docket at SUPPLEMENTARY INFORMATION: year. https://www.regulations.gov and can be Public Participation and Request for viewed by following that website’s Authority: The Paperwork Reduction Act instructions. Additionally, if you go to of 1995; 44 U.S.C. Chapter 35, as amended. Comments the online docket and sign up for email Dated: June 6, 2019. This notice relies on the authority of alerts, you will be notified when James D. Roppel, the Paperwork Reduction Act of 1995; comments are posted. U.S. Coast Guard, Chief, Office of Information 44 U.S.C. Chapter 35, as amended. An We accept anonymous comments. All Management. ICR is an application to OIRA seeking comments received will be posted [FR Doc. 2019–12358 Filed 6–11–19; 8:45 am] the approval, extension, or renewal of a without change to https:// Coast Guard collection of information BILLING CODE 9110–04–P www.regulations.gov and will include (Collection). The ICR contains any personal information you have information describing the Collection’s provided. For more about privacy and DEPARTMENT OF HOMELAND purpose, the Collection’s likely burden the docket, you may review a Privacy SECURITY on the affected public, an explanation of Act notice regarding the Federal Docket the necessity of the Collection, and Management System in the March 24, Coast Guard other important information describing 2005, issue of the Federal Register (70 the Collection. There is one ICR for each FR 15086). [Docket No. USCG–2019–0352] Collection. The Coast Guard invites comments on Information Collection Request Information Collection Request to whether this ICR should be granted Title: Requirements for Vessels that Office of Management and Budget; based on the Collection being necessary Perform Certain Aquaculture Support OMB Control Number: 1625–0126 for the proper performance of Operations. AGENCY: Coast Guard, DHS. Departmental functions. In particular, OMB Control Number: 1625–0126. the Coast Guard would appreciate Summary: This information is ACTION: Sixty-day notice requesting comments addressing: (1) The practical required to ensure that a vessel engaged comments. utility of the Collection; (2) the accuracy in certain aquaculture operations has

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27344 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

applied for and received a waiver. A (TSA–28), 601 12th St. South, membership category and the number of vessel owner or operator must notify Arlington, VA 20598–4028. members in a category may change to fit Coast Guard and provide a copy of the See SUPPLEMENTARY INFORMATION for the needs of the Committee, but each waiver. application requirements. organization shall be represented by one Need: The Coast Guard regulations are FOR FURTHER INFORMATION CONTACT: individual. Members will serve as prescribed in 46 CFR part 106. The Tamika McCree Elhilali, ASAC representatives and speak on behalf of Coast Guard uses the information in this Designated Federal Officer, their respective constituency group, and collection to ensure compliance with Transportation Security Administration will not be appointed as Special the requirements. (TSA–28), 601 12th St. South, Government Employees as defined in 18 Forms: None. Arlington, VA 20598–4028, ASAC@ U.S.C. 202(a). Membership on the Respondents: Owners and operators tsa.dhs.gov, 571–227–2632. Committee is personal to the appointee of aquaculture operations. SUPPLEMENTARY INFORMATION: ASAC is Frequency: On occasion. and a member may not send an alternate an advisory committee established to a Committee meeting. Pursuant to 49 Hour Burden Estimate: The estimated pursuant to 49 U.S.C. 44946. The burden has increased from 1 hour to 2 U.S.C 44946(c)(3) members shall not committee is composed of individual receive pay, allowances, or benefits hours a year, due to an increase in the members representing key estimated annual number of responses. from the Government by reason of their constituencies affected by aviation service on the Committee. Authority: The Paperwork Reduction Act security requirements. of 1995; 44 U.S.C. Chapter 35, as amended. Committee Meetings Balanced Membership Plans Dated: June 6, 2019. The Committee typically convenes James D. Roppel, The ASAC will be composed of four times per year; however, additional U.S. Coast Guard, Chief, Office of Information individuals representing not more than Management. 34 member organizations. Each meetings may be held with the approval organization shall be represented by one of the Designated Federal Official. Due [FR Doc. 2019–12357 Filed 6–11–19; 8:45 am] individual (or the individual’s to the sensitive nature of the material BILLING CODE 9110–04–P designee). TSA is seeking applications discussed, meetings are typically closed for the membership categories to the public. At least one meeting will DEPARTMENT OF HOMELAND scheduled to expire in May 2019, which be open to the public each year. In SECURITY are marked with an asterisk in this addition, members are expected to section below. Individuals are participate on ASAC subcommittees Transportation Security Administration appointed by the Administrator of TSA that typically meet more frequently to to represent the following 19 key [Docket No. TSA–2011–0008] deliberate and discuss specific aviation constituencies affected by aviation matters. Request for Applicants for security requirements, as defined at 49 Appointment to the Aviation Security U.S.C. 44946(c)(1)(C): Committee Membership Advisory Committee 1. Air carriers. 2. All-cargo air transportation.* Committee members are appointed by AGENCY: Transportation Security 3. Labor organizations representing air and serve at the pleasure of the Administration, DHS. carrier employees.* Administrator of TSA for a two-year ACTION: Committee management; 4. Aircraft manufacturers.* term or until a successor is appointed. Request for applicants. 5. Airport operators.* Members who are currently serving on 6. General aviation.* the Committee are eligible to reapply for SUMMARY: The Transportation Security 7. Travel industry.* membership. A new application is Administration (TSA) is requesting 8. Victims of terrorist acts against required. individuals who are interested in aviation.* serving on the Aviation Security 9. Law enforcement and security Application for Advisory Committee Advisory Committee (ASAC) for the experts. Appointment 10. Indirect air carriers.* constituencies specified below to apply TSA is seeking applications for the for appointment. ASAC’s mission is to 11. Aviation security technology membership categories scheduled to provide advice and recommendations to industry (including screening expire in May 2019, which are marked the Administrator of TSA on improving technology and biometrics). aviation security matters, including 12. Airport-based businesses with an asterisk in the Balanced developing, refining, and implementing (including minority-owned small Membership Plans section above. Any policies, programs, rulemaking and businesses).* person wishing to be considered for security directives pertaining to aviation 13. Passenger advocacy groups. appointment to ASAC must provide the 14. Businesses that conduct security security, while adhering to sensitive following: operations at airports (Screening security guidelines. • Complete professional resume. Partnership Program contractors).* DATES: Applications for membership 15. Labor organizations representing • Statement of interest and reasons must be submitted to TSA using one of transportation security officers.* for application, including the the methods in the ADDRESSES section 16. Airport construction and membership category and how you below on or before July 3, 2019. maintenance contractors.* represent a significant portion of that ADDRESSES: Applications must be 17. Labor organizations representing constituency. submitted by one of the following employees of airport construction and • Home and work addresses, means: maintenance contractors. telephone number, and email address. • Email: [email protected]. 18. Privacy organizations.* • Mail: Tamika McCree Elhilali, 19. Aeronautical repair stations. Please submit your application to the ASAC Designated Federal Officer, ASAC does not have a specific Responsible TSA Official in ADDRESSES Transportation Security Administration number of members allocated to any noted above by July 3, 2019.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00114 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27345

Dated: June 6, 2019. Rehabilitation programs, including the the CY 2019 implementation notice. The Eddie D. Mayenschein, Moderate Rehabilitation Single Room PHAs will be advised via the 2019 HCV Assistant Administrator, Policy, Plans, and Occupancy program. Funding Implementation Notice of Engagement. when to apply for higher fee rates and B. CY 2019 Methodology [FR Doc. 2019–12383 Filed 6–11–19; 8:45 am] the deadline date for such requests. For CY 2019, in accordance with the BILLING CODE 9110–05–P Accordingly, the Department issues Consolidated Appropriations Act, 2019 the monthly per unit fee rates to be used (Pub. L. 116–6), Section 7, ‘‘Funding for to determine PHA administrative fee Administrative Costs’’, administrative DEPARTMENT OF HOUSING AND eligibility for the programs identified in fees will be determined on the basis of URBAN DEVELOPMENT this notice. These fee rates are posted on vouchers leased as of the first day of the Department’s website at: http:// [Docket No. FR 6165–N–01] each month. This data will be extracted portal.hud.gov/hudportal/HUD?src=/ from the Voucher Management System program_offices/public_indian_ Notice of Annual Factors for (VMS) at the close of each reporting housing/programs/hcv, under Program Determining Public Housing Agency cycle and validated prior to use. For the Related Information. Administrative Fees for the Section 8 Moderate Rehabilitation program, Any questions concerning this notice Housing Choice Voucher, Mainstream, including the Single Room Occupancy should be directed to the PHA’s and Moderate Rehabilitation Programs program, administrative fees will be assigned representative at the Financial earned on the basis of the units under AGENCY: Office of the Assistant Management Center or to the Financial Secretary for Public and Indian Housing Assistance Payments (HAP) Management Division at Housing, HUD. contract. PIH.Financial.Management.Division@ Two fee rates are provided for each hud.gov. ACTION: Notice. PHA. The first rate, Column A, applies C. Moving to Work (MTW) Agencies SUMMARY: This notice announces the to the first 7,200 voucher unit months monthly per unit fee rates for use in leased in CY 2019. The second rate, Where an MTW Agency has an determining the on-going administrative Column B, applies to all remaining alternative formula for calculating HCV fees for public housing agencies (PHAs) voucher unit months leased in CY 2019. administrative fees in Attachment A of administering the Housing Choice In years prior to 2010, a Column C rate their MTW Agreements, the Department Voucher (HCV), Mainstream, and was also established, which applied to will continue to calculate the HCV Moderate Rehabilitation programs, all voucher unit months leased in administrative fees in accordance with including the Moderate Rehabilitation dwelling units owned by the PHA. For that MTW Agreement provision. CY 2019, as in recent years, there are no Single Room Occupancy program, Column C administrative fee rates. Fees D. Environmental Impact during calendar year (CY) 2019. for leasing PHA-owned units will be DATES: January 1, 2019. This notice establishes administrative determined in the same manner as for fee rates and related external FOR FURTHER INFORMATION CONTACT: all other voucher leasing using the same administrative procedures which do not Miguel A. Fontanez, Director, Housing Column A and Column B rates. constitute a development decision that Voucher Financial Management The fee rates calculated for CY 2019, affects the physical condition of specific Division, Office of Public Housing and using the standard procedures, in some project areas or building sites. Voucher Programs, Office of Public and cases resulted in fee rates lower than Accordingly, under 24 CFR 50.19(c)(6), Indian Housing, Department of Housing those established for CY 2018. In those this notice is excluded from and Urban Development, Room 4226, cases, the affected PHAs are being held environmental review under the 451 Seventh Street SW, Washington, DC harmless at the CY 2018 fee rates. National Environmental Policy Act of 20410–8000, telephone number 202– The fee rates for each PHA are 1969 (42 U.S.C. 4321). 402–2934. (This is not a toll-free generally those rates covering the fee number). Hearing- or speech-impaired areas in which each PHA has the Dated: June 5, 2019. individuals may call TTY number 1 greatest proportion of its participants, R. Hunter Kurtz, (800) 877–8337. based on Public Housing Information Principal Deputy Assistant Secretary for SUPPLEMENTARY INFORMATION: Center (PIC) data submitted by the PHA. Public and Indian Housing. In some cases, PHAs have participants A. Background in more than one fee area. If such a PHA Pursuant to Section 8(q) of the U.S. so chooses, the PHA may request that Housing Act of 1937 and the the Department establish a blended fee PHA A Rate B Rate implementing rule at 24 CFR 982.152, rate schedule that will consider AK901 ...... 98.76 92.18 HUD publishes a notice each year proportionately all areas in which AL001 ...... 66.91 62.45 specifying administrative fees for PHAs participants are located. Once a blended AL002 ...... 67.96 63.44 administrating the Housing Choice rate schedule is established, it will be AL004 ...... 66.03 61.63 Voucher and Moderate Rehabilitation used to determine the PHA’s fee AL005 ...... 68.81 64.22 programs in different geographic areas, eligibility for all months in CY 2019. AL006 ...... 66.03 61.63 based on changes in wage data or other The PHAs will be advised via the 2019 AL007 ...... 66.03 61.63 objectively measurable data that reflect HCV Funding Implementation Notice of AL008 ...... 64.77 60.46 the costs of administering the program. when they may apply for blended fee AL011 ...... 64.77 60.46 This notice provides the CY 2019 rates and the deadline date for AL012 ...... 66.03 61.63 AL014 ...... 64.77 60.46 administrative fee rates by area and submitting such requests. AL047 ...... 67.98 63.46 describes the methodology that the PHAs that operate over a large AL048 ...... 66.03 61.63 Office of Public Housing and Voucher geographic area, defined as multiple AL049 ...... 66.03 61.63 Programs will use to determine counties, may request a higher AL050 ...... 66.03 61.63 administrative fees for the HCV, administrative fee rate if eligible under AL052 ...... 64.77 60.46 Mainstream, and Moderate the criteria which will be described in AL053 ...... 64.77 60.46

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27346 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

AL054 ...... 66.03 61.63 AR161 ...... 61.94 57.81 CA030 ...... 80.79 75.41 AL060 ...... 64.77 60.46 AR163 ...... 64.40 60.11 CA031 ...... 124.34 116.06 AL061 ...... 66.03 61.63 AR166 ...... 61.94 57.81 CA032 ...... 124.34 116.06 AL063 ...... 66.91 62.45 AR170 ...... 70.26 65.58 CA033 ...... 107.12 99.97 AL068 ...... 66.03 61.63 AR175 ...... 70.26 65.58 CA035 ...... 124.34 116.06 AL069 ...... 66.91 62.45 AR176 ...... 61.94 57.81 CA039 ...... 90.15 84.14 AL072 ...... 66.91 62.45 AR177 ...... 61.94 57.81 CA041 ...... 107.94 100.74 AL073 ...... 64.94 60.60 AR181 ...... 64.40 60.11 CA043 ...... 83.26 77.70 AL075 ...... 64.77 60.46 AR194 ...... 64.40 60.11 CA044 ...... 94.43 88.13 AL077 ...... 66.03 61.63 AR197 ...... 61.94 57.81 CA048 ...... 71.45 66.69 AL086 ...... 66.91 62.45 AR200 ...... 61.94 57.81 CA052 ...... 124.34 116.06 AL090 ...... 64.77 60.46 AR210 ...... 61.94 57.81 CA053 ...... 78.19 72.98 AL091 ...... 64.77 60.46 AR211 ...... 61.94 57.81 CA055 ...... 107.94 100.74 AL099 ...... 64.77 60.46 AR213 ...... 61.94 57.81 CA056 ...... 124.34 116.06 AL105 ...... 64.77 60.46 AR214 ...... 61.94 57.81 CA058 ...... 124.34 116.06 AL107 ...... 64.77 60.46 AR215 ...... 61.94 57.81 CA059 ...... 124.34 116.06 AL112 ...... 64.77 60.46 AR219 ...... 70.26 65.58 CA060 ...... 124.34 116.06 AL114 ...... 64.77 60.46 AR223 ...... 61.94 57.81 CA061 ...... 82.57 77.07 AL115 ...... 64.77 60.46 AR224 ...... 61.94 57.81 CA062 ...... 124.34 116.06 AL116 ...... 64.77 60.46 AR225 ...... 61.94 57.81 CA063 ...... 111.17 103.75 AL118 ...... 64.77 60.46 AR232 ...... 64.40 60.11 CA064 ...... 107.63 100.46 AL121 ...... 64.77 60.46 AR240 ...... 61.94 57.81 CA065 ...... 107.94 100.74 AL124 ...... 64.94 60.60 AR241 ...... 64.75 60.43 CA066 ...... 107.94 100.74 AL125 ...... 66.91 62.45 AR247 ...... 61.94 57.81 CA067 ...... 124.34 116.06 AL129 ...... 66.03 61.63 AR252 ...... 70.26 65.58 CA068 ...... 124.34 116.06 AL131 ...... 66.03 61.63 AR257 ...... 61.94 57.81 CA069 ...... 86.64 80.85 AL138 ...... 66.03 61.63 AR264 ...... 67.53 63.03 CA070 ...... 75.57 70.53 AL139 ...... 66.03 61.63 AR265 ...... 61.94 57.81 CA071 ...... 124.34 116.06 AL152 ...... 66.03 61.63 AR266 ...... 61.94 57.81 CA072 ...... 124.34 116.06 AL154 ...... 64.77 60.46 AZ001 ...... 71.74 66.95 CA073 ...... 107.94 100.74 AL155 ...... 64.77 60.46 AZ003 ...... 71.74 66.95 CA074 ...... 124.34 116.06 AL160 ...... 64.77 60.46 AZ004 ...... 70.92 66.19 CA075 ...... 124.34 116.06 AL165 ...... 68.95 64.36 AZ005 ...... 71.74 66.95 CA076 ...... 121.41 113.30 AL169 ...... 67.96 63.44 AZ006 ...... 78.44 73.22 CA077 ...... 111.17 103.75 AL171 ...... 64.77 60.46 AZ008 ...... 57.11 53.30 CA079 ...... 124.34 116.06 AL172 ...... 66.03 61.63 AZ009 ...... 71.74 66.95 CA082 ...... 124.34 116.06 AL174 ...... 64.77 60.46 AZ010 ...... 71.74 66.95 CA084 ...... 88.99 83.06 AL177 ...... 64.77 60.46 AZ013 ...... 79.70 74.39 CA085 ...... 121.27 113.19 AL181 ...... 64.77 60.46 AZ021 ...... 71.74 66.95 CA086 ...... 85.06 79.38 AL192 ...... 64.77 60.46 AZ023 ...... 60.18 56.16 CA088 ...... 121.27 113.19 AL202 ...... 67.96 63.44 AZ025 ...... 70.92 66.19 CA092 ...... 124.34 116.06 AR002 ...... 70.26 65.58 AZ028 ...... 71.74 66.95 CA093 ...... 124.34 116.06 AR003 ...... 64.40 60.11 AZ031 ...... 71.74 66.95 CA094 ...... 124.34 116.06 AR004 ...... 70.26 65.58 AZ032 ...... 71.74 66.95 CA096 ...... 86.64 80.85 AR006 ...... 70.26 65.58 AZ033 ...... 70.92 66.19 CA102 ...... 124.34 116.06 AR010 ...... 61.94 57.81 AZ034 ...... 58.94 55.01 CA103 ...... 124.34 116.06 AR012 ...... 61.94 57.81 AZ035 ...... 79.70 74.39 CA104 ...... 124.34 116.06 AR015 ...... 63.99 59.72 AZ037 ...... 58.94 55.01 CA105 ...... 124.34 116.06 AR016 ...... 61.94 57.81 AZ041 ...... 78.44 73.22 CA106 ...... 86.64 80.85 AR017 ...... 64.40 60.11 AZ043 ...... 96.06 89.66 CA108 ...... 111.17 103.75 AR020 ...... 61.94 57.81 AZ045 ...... 59.18 55.23 CA110 ...... 124.34 116.06 AR024 ...... 67.53 63.03 AZ880 ...... 71.74 66.95 CA111 ...... 124.34 116.06 AR031 ...... 64.40 60.11 AZ901 ...... 78.44 73.22 CA114 ...... 124.34 116.06 AR033 ...... 61.94 57.81 CA001 ...... 124.34 116.06 CA116 ...... 111.17 103.75 AR034 ...... 64.40 60.11 CA002 ...... 124.34 116.06 CA117 ...... 124.34 116.06 AR035 ...... 61.94 57.81 CA003 ...... 124.34 116.06 CA118 ...... 124.34 116.06 AR037 ...... 61.94 57.81 CA004 ...... 124.34 116.06 CA119 ...... 124.34 116.06 AR039 ...... 61.94 57.81 CA005 ...... 94.43 88.13 CA120 ...... 124.34 116.06 AR041 ...... 70.26 65.58 CA006 ...... 86.64 80.85 CA121 ...... 124.34 116.06 AR042 ...... 64.40 60.11 CA007 ...... 94.43 88.13 CA123 ...... 124.34 116.06 AR045 ...... 61.94 57.81 CA008 ...... 94.75 88.44 CA125 ...... 107.94 100.74 AR052 ...... 61.94 57.81 CA010 ...... 124.34 116.06 CA126 ...... 124.34 116.06 AR059 ...... 61.94 57.81 CA011 ...... 124.34 116.06 CA128 ...... 94.43 88.13 AR066 ...... 61.94 57.81 CA014 ...... 124.34 116.06 CA131 ...... 107.94 100.74 AR068 ...... 61.94 57.81 CA019 ...... 99.19 92.59 CA132 ...... 111.17 103.75 AR082 ...... 61.94 57.81 CA021 ...... 121.41 113.30 CA136 ...... 124.34 116.06 AR104 ...... 64.40 60.11 CA022 ...... 99.19 92.59 CA143 ...... 90.15 84.14 AR117 ...... 61.94 57.81 CA023 ...... 81.40 75.99 CA144 ...... 82.57 77.07 AR121 ...... 61.94 57.81 CA024 ...... 90.60 84.57 CA149 ...... 94.43 88.13 AR131 ...... 64.40 60.11 CA026 ...... 91.24 85.15 CA151 ...... 94.43 88.13 AR135 ...... 61.94 57.81 CA027 ...... 99.19 92.59 CA155 ...... 111.17 103.75 AR152 ...... 61.94 57.81 CA028 ...... 86.64 80.85 CO001 ...... 75.37 70.35

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27347

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

CO002 ...... 69.62 64.97 CT052 ...... 97.21 90.74 FL106 ...... 81.13 75.71 CO005 ...... 78.46 73.23 CT053 ...... 91.63 85.51 FL109 ...... 62.05 57.92 CO006 ...... 67.16 62.68 CT058 ...... 81.77 76.32 FL110 ...... 63.15 58.94 CO016 ...... 85.53 79.82 CT061 ...... 81.77 76.32 FL113 ...... 77.87 72.68 CO019 ...... 75.37 70.35 CT063 ...... 101.00 94.26 FL116 ...... 98.69 92.11 CO024 ...... 67.16 62.68 CT067 ...... 101.00 94.26 FL119 ...... 82.31 76.82 CO028 ...... 70.31 65.62 CT068 ...... 91.63 85.51 FL123 ...... 78.29 73.07 CO031 ...... 67.16 62.68 CT901 ...... 91.63 85.51 FL128 ...... 81.66 76.23 CO034 ...... 81.04 75.65 DC001 ...... 114.69 107.05 FL132 ...... 82.44 76.97 CO035 ...... 69.88 65.23 DC880 ...... 114.69 107.05 FL136 ...... 98.69 92.11 CO036 ...... 75.37 70.35 DE001 ...... 90.84 84.79 FL137 ...... 77.67 72.49 CO040 ...... 103.71 96.81 DE002 ...... 79.68 74.37 FL139 ...... 64.65 60.34 CO041 ...... 81.04 75.65 DE003 ...... 90.84 84.79 FL141 ...... 84.98 79.31 CO043 ...... 78.46 73.23 DE005 ...... 90.84 84.79 FL144 ...... 106.69 99.60 CO045 ...... 67.16 62.68 DE901 ...... 79.68 74.37 FL145 ...... 105.40 98.39 CO048 ...... 75.37 70.35 FL001 ...... 73.57 68.67 FL147 ...... 63.15 58.94 CO049 ...... 75.37 70.35 FL002 ...... 77.67 72.49 FL201 ...... 81.13 75.71 CO050 ...... 75.37 70.35 FL003 ...... 77.67 72.49 FL202 ...... 62.05 57.92 CO051 ...... 88.17 82.29 FL004 ...... 81.13 75.71 FL881 ...... 105.40 98.39 CO052 ...... 75.37 70.35 FL005 ...... 105.40 98.39 FL888 ...... 77.67 72.49 CO057 ...... 75.37 70.35 FL007 ...... 77.87 72.68 GA001 ...... 68.81 64.22 CO058 ...... 75.37 70.35 FL008 ...... 85.25 79.56 GA002 ...... 68.81 64.22 CO061 ...... 85.53 79.82 FL009 ...... 82.31 76.82 GA004 ...... 68.81 64.22 CO070 ...... 85.53 79.82 FL010 ...... 98.69 92.11 GA006 ...... 83.89 78.29 CO071 ...... 70.31 65.62 FL011 ...... 64.65 60.34 GA007 ...... 68.81 64.22 CO072 ...... 75.37 70.35 FL013 ...... 106.69 99.60 GA009 ...... 68.81 64.22 CO079 ...... 78.46 73.23 FL015 ...... 69.13 64.52 GA010 ...... 83.89 78.29 CO087 ...... 103.71 96.81 FL017 ...... 105.40 98.39 GA011 ...... 83.89 78.29 CO090 ...... 69.88 65.23 FL018 ...... 63.15 58.94 GA023 ...... 68.81 64.22 CO095 ...... 99.17 92.56 FL019 ...... 74.89 69.91 GA062 ...... 65.31 60.96 CO101 ...... 67.16 62.68 FL020 ...... 74.89 69.91 GA078 ...... 83.89 78.29 CO103 ...... 81.04 75.65 FL021 ...... 82.31 76.82 GA095 ...... 83.89 78.29 CO888 ...... 69.62 64.97 FL022 ...... 77.87 72.68 GA116 ...... 83.89 78.29 CO911 ...... 75.37 70.35 FL023 ...... 85.25 79.56 GA188 ...... 83.89 78.29 CO921 ...... 75.37 70.35 FL024 ...... 77.87 72.68 GA228 ...... 83.89 78.29 CT001 ...... 97.21 90.74 FL025 ...... 74.89 69.91 GA232 ...... 83.89 78.29 CT002 ...... 104.20 97.26 FL026 ...... 64.65 60.34 GA237 ...... 83.89 78.29 CT003 ...... 91.63 85.51 FL028 ...... 98.69 92.11 GA264 ...... 83.89 78.29 CT004 ...... 101.00 94.26 FL030 ...... 77.87 72.68 GA269 ...... 83.89 78.29 CT005 ...... 91.63 85.51 FL031 ...... 62.05 57.92 GA285 ...... 68.81 64.22 CT006 ...... 82.46 76.96 FL032 ...... 63.66 59.41 GA901 ...... 83.89 78.29 CT007 ...... 104.20 97.26 FL033 ...... 81.13 75.71 GQ901 ...... 115.26 107.59 CT008 ...... 91.63 85.51 FL034 ...... 77.67 72.49 HI002 ...... 113.76 106.17 CT009 ...... 91.63 85.51 FL035 ...... 63.15 58.94 HI003 ...... 126.72 118.28 CT010 ...... 81.77 76.32 FL037 ...... 73.57 68.67 HI004 ...... 126.74 118.30 CT011 ...... 101.00 94.26 FL041 ...... 82.75 77.24 HI005 ...... 128.12 119.59 CT013 ...... 91.63 85.51 FL045 ...... 82.75 77.24 HI901 ...... 126.72 118.28 CT015 ...... 97.21 90.74 FL046 ...... 63.15 58.94 IA002 ...... 65.95 61.55 CT017 ...... 97.21 90.74 FL047 ...... 81.66 76.23 IA004 ...... 69.33 64.71 CT018 ...... 89.95 83.95 FL049 ...... 62.05 57.92 IA015 ...... 65.95 61.55 CT019 ...... 104.20 97.26 FL053 ...... 63.66 59.41 IA018 ...... 69.01 64.41 CT020 ...... 104.20 97.26 FL057 ...... 62.05 57.92 IA020 ...... 78.77 73.53 CT023 ...... 91.63 85.51 FL060 ...... 79.52 74.22 IA022 ...... 80.28 74.94 CT024 ...... 81.77 76.32 FL062 ...... 77.67 72.49 IA023 ...... 69.61 64.97 CT026 ...... 91.63 85.51 FL063 ...... 69.80 65.15 IA024 ...... 76.26 71.17 CT027 ...... 97.21 90.74 FL066 ...... 105.40 98.39 IA030 ...... 65.95 61.55 CT028 ...... 91.63 85.51 FL068 ...... 105.40 98.39 IA038 ...... 76.56 71.45 CT029 ...... 101.00 94.26 FL069 ...... 63.15 58.94 IA042 ...... 65.95 61.55 CT030 ...... 97.21 90.74 FL070 ...... 69.80 65.15 IA045 ...... 72.21 67.40 CT031 ...... 81.77 76.32 FL071 ...... 64.65 60.34 IA047 ...... 65.95 61.55 CT032 ...... 91.63 85.51 FL072 ...... 77.87 72.68 IA049 ...... 65.95 61.55 CT033 ...... 91.63 85.51 FL073 ...... 69.13 64.52 IA050 ...... 76.56 71.45 CT036 ...... 91.63 85.51 FL075 ...... 77.67 72.49 IA054 ...... 65.95 61.55 CT038 ...... 91.63 85.51 FL079 ...... 98.69 92.11 IA056 ...... 65.95 61.55 CT039 ...... 91.63 85.51 FL080 ...... 82.31 76.82 IA057 ...... 65.95 61.55 CT040 ...... 91.63 85.51 FL081 ...... 98.69 92.11 IA084 ...... 65.95 61.55 CT041 ...... 91.63 85.51 FL083 ...... 82.31 76.82 IA087 ...... 70.58 65.87 CT042 ...... 101.00 94.26 FL092 ...... 63.66 59.41 IA098 ...... 69.48 64.86 CT047 ...... 82.46 76.96 FL093 ...... 81.13 75.71 IA100 ...... 65.95 61.55 CT048 ...... 91.63 85.51 FL102 ...... 63.15 58.94 IA107 ...... 65.95 61.55 CT049 ...... 91.63 85.51 FL104 ...... 77.67 72.49 IA108 ...... 65.95 61.55 CT051 ...... 91.63 85.51 FL105 ...... 85.25 79.56 IA113 ...... 76.56 71.45

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27348 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

IA114 ...... 65.95 61.55 IL095 ...... 71.35 66.59 KS017 ...... 57.08 53.27 IA117 ...... 69.61 64.97 IL096 ...... 60.83 56.78 KS038 ...... 57.08 53.27 IA119 ...... 65.95 61.55 IL101 ...... 95.61 89.22 KS041 ...... 57.08 53.27 IA120 ...... 78.77 73.53 IL103 ...... 95.61 89.22 KS043 ...... 64.19 59.90 IA122 ...... 65.95 61.55 IL104 ...... 75.49 70.46 KS053 ...... 66.62 62.18 IA124 ...... 65.95 61.55 IL107 ...... 95.61 89.22 KS062 ...... 57.08 53.27 IA125 ...... 65.95 61.55 IL116 ...... 95.61 89.22 KS063 ...... 57.23 53.42 IA126 ...... 72.21 67.40 IL117 ...... 67.14 62.67 KS068 ...... 64.19 59.90 IA127 ...... 65.95 61.55 IL120 ...... 60.83 56.78 KS073 ...... 64.95 60.61 IA128 ...... 65.95 61.55 IL122 ...... 68.66 64.08 KS091 ...... 57.08 53.27 IA129 ...... 65.95 61.55 IL123 ...... 60.83 56.78 KS149 ...... 57.08 53.27 IA130 ...... 65.95 61.55 IL124 ...... 75.49 70.46 KS159 ...... 57.08 53.27 IA131 ...... 78.77 73.53 IL126 ...... 61.14 57.07 KS161 ...... 57.08 53.27 IA132 ...... 76.56 71.45 IL130 ...... 95.61 89.22 KS162 ...... 64.19 59.90 IA136 ...... 65.95 61.55 IL131 ...... 72.21 67.40 KS165 ...... 57.08 53.27 ID005 ...... 67.21 62.73 IL136 ...... 95.61 89.22 KS166 ...... 57.08 53.27 ID013 ...... 83.52 77.95 IL137 ...... 96.43 89.99 KS167 ...... 57.23 53.42 ID016 ...... 83.52 77.95 IL901 ...... 95.61 89.22 KS168 ...... 60.28 56.27 ID021 ...... 83.52 77.95 IN002 ...... 52.23 48.75 KS170 ...... 57.08 53.27 ID901 ...... 69.57 64.92 IN003 ...... 58.21 54.34 KY001 ...... 61.41 57.32 IL002 ...... 95.61 89.22 IN004 ...... 54.22 50.61 KY003 ...... 56.21 52.46 IL003 ...... 75.49 70.46 IN005 ...... 54.22 50.61 KY004 ...... 68.01 63.48 IL004 ...... 68.80 64.21 IN006 ...... 64.36 60.07 KY007 ...... 55.18 51.50 IL006 ...... 67.38 62.89 IN007 ...... 56.62 52.85 KY008 ...... 55.18 51.50 IL009 ...... 72.21 67.40 IN009 ...... 52.23 48.75 KY009 ...... 61.41 57.32 IL010 ...... 72.21 67.40 IN010 ...... 71.06 66.33 KY011 ...... 68.41 63.85 IL011 ...... 61.14 57.07 IN011 ...... 71.06 66.33 KY012 ...... 56.26 52.51 IL012 ...... 65.10 60.76 IN012 ...... 61.41 57.32 KY015 ...... 69.20 64.58 IL014 ...... 72.77 67.92 IN015 ...... 57.30 53.48 KY017 ...... 55.18 51.50 IL015 ...... 66.03 61.62 IN016 ...... 56.26 52.51 KY021 ...... 55.18 51.50 IL016 ...... 60.83 56.78 IN017 ...... 64.36 60.07 KY022 ...... 55.18 51.50 IL018 ...... 72.21 67.40 IN018 ...... 52.23 48.75 KY026 ...... 55.18 51.50 IL020 ...... 72.21 67.40 IN019 ...... 56.13 52.38 KY027 ...... 55.18 51.50 IL022 ...... 68.66 64.08 IN020 ...... 57.30 53.48 KY035 ...... 55.18 51.50 IL024 ...... 95.61 89.22 IN021 ...... 54.22 50.61 KY040 ...... 55.18 51.50 IL025 ...... 95.61 89.22 IN022 ...... 57.68 53.85 KY047 ...... 55.18 51.50 IL026 ...... 95.61 89.22 IN023 ...... 61.41 57.32 KY053 ...... 55.18 51.50 IL028 ...... 68.80 64.21 IN025 ...... 61.41 57.32 KY056 ...... 55.18 51.50 IL030 ...... 66.03 61.62 IN026 ...... 56.25 52.50 KY061 ...... 68.01 63.48 IL032 ...... 72.77 67.92 IN029 ...... 71.06 66.33 KY071 ...... 61.34 57.25 IL034 ...... 67.38 62.89 IN031 ...... 52.23 48.75 KY086 ...... 55.18 51.50 IL035 ...... 72.77 67.92 IN032 ...... 53.17 49.62 KY107 ...... 55.18 51.50 IL036 ...... 61.14 57.07 IN035 ...... 54.22 50.61 KY121 ...... 55.18 51.50 IL037 ...... 60.83 56.78 IN037 ...... 56.26 52.51 KY132 ...... 61.11 57.03 IL038 ...... 60.83 56.78 IN041 ...... 52.23 48.75 KY133 ...... 69.20 64.58 IL039 ...... 65.23 60.89 IN043 ...... 52.23 48.75 KY135 ...... 69.20 64.58 IL040 ...... 60.83 56.78 IN047 ...... 52.23 48.75 KY136 ...... 69.20 64.58 IL042 ...... 60.83 56.78 IN048 ...... 52.23 48.75 KY137 ...... 55.18 51.50 IL043 ...... 60.83 56.78 IN050 ...... 52.23 48.75 KY138 ...... 55.18 51.50 IL050 ...... 61.14 57.07 IN055 ...... 53.17 49.62 KY140 ...... 68.01 63.48 IL051 ...... 67.14 62.67 IN056 ...... 54.67 51.02 KY141 ...... 55.18 51.50 IL052 ...... 60.83 56.78 IN058 ...... 58.73 54.83 KY142 ...... 60.35 56.32 IL053 ...... 61.14 57.07 IN060 ...... 56.25 52.50 KY150 ...... 55.18 51.50 IL054 ...... 95.61 89.22 IN062 ...... 56.07 52.34 KY157 ...... 55.18 51.50 IL056 ...... 95.61 89.22 IN067 ...... 52.23 48.75 KY160 ...... 55.18 51.50 IL057 ...... 60.83 56.78 IN071 ...... 62.16 58.00 KY161 ...... 60.35 56.32 IL059 ...... 60.83 56.78 IN073 ...... 52.23 48.75 KY163 ...... 55.18 51.50 IL061 ...... 61.55 57.44 IN077 ...... 53.17 49.62 KY169 ...... 55.18 51.50 IL074 ...... 66.03 61.62 IN078 ...... 54.67 51.02 KY171 ...... 61.41 57.32 IL076 ...... 60.83 56.78 IN079 ...... 64.36 60.07 KY901 ...... 68.01 63.48 IL079 ...... 60.83 56.78 IN080 ...... 64.36 60.07 LA001 ...... 71.29 66.52 IL082 ...... 60.83 56.78 IN084 ...... 52.23 48.75 LA002 ...... 69.78 65.14 IL083 ...... 68.66 64.08 IN086 ...... 52.23 48.75 LA003 ...... 76.97 71.84 IL084 ...... 64.53 60.23 IN091 ...... 52.23 48.75 LA004 ...... 66.61 62.17 IL085 ...... 62.10 57.97 IN092 ...... 52.23 48.75 LA005 ...... 66.61 62.17 IL086 ...... 64.53 60.23 IN094 ...... 54.36 50.72 LA006 ...... 66.61 62.17 IL087 ...... 60.83 56.78 IN100 ...... 57.30 53.48 LA009 ...... 76.97 71.84 IL088 ...... 60.83 56.78 IN901 ...... 64.36 60.07 LA012 ...... 71.29 66.52 IL089 ...... 75.77 70.72 KS001 ...... 64.19 59.90 LA013 ...... 71.29 66.52 IL090 ...... 95.61 89.22 KS002 ...... 60.28 56.27 LA023 ...... 66.61 62.17 IL091 ...... 60.83 56.78 KS004 ...... 64.95 60.61 LA024 ...... 66.10 61.69 IL092 ...... 95.61 89.22 KS006 ...... 57.08 53.27 LA029 ...... 66.61 62.17

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27349

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

LA031 ...... 66.10 61.69 LA248 ...... 66.10 61.69 MA078 ...... 117.46 109.64 LA032 ...... 66.61 62.17 LA253 ...... 68.25 63.71 MA079 ...... 126.96 118.49 LA033 ...... 66.10 61.69 LA257 ...... 66.10 61.69 MA080 ...... 117.46 109.64 LA036 ...... 66.10 61.69 LA258 ...... 66.10 61.69 MA081 ...... 117.46 109.64 LA037 ...... 71.11 66.38 LA266 ...... 66.61 62.17 MA082 ...... 117.46 109.64 LA046 ...... 66.61 62.17 LA888 ...... 69.78 65.14 MA084 ...... 117.46 109.64 LA057 ...... 66.61 62.17 LA889 ...... 71.29 66.52 MA085 ...... 117.46 109.64 LA063 ...... 66.61 62.17 LA903 ...... 71.29 66.52 MA086 ...... 117.46 109.64 LA067 ...... 66.10 61.69 MA001 ...... 117.46 109.64 MA087 ...... 117.46 109.64 LA074 ...... 66.10 61.69 MA002 ...... 126.96 118.49 MA088 ...... 117.46 109.64 LA086 ...... 66.10 61.69 MA003 ...... 126.96 118.49 MA089 ...... 126.96 118.49 LA094 ...... 71.29 66.52 MA005 ...... 117.46 109.64 MA090 ...... 126.96 118.49 LA097 ...... 66.10 61.69 MA006 ...... 116.13 108.40 MA091 ...... 126.96 118.49 LA101 ...... 76.97 71.84 MA007 ...... 117.46 109.64 MA092 ...... 126.96 118.49 LA103 ...... 71.29 66.52 MA008 ...... 117.46 109.64 MA093 ...... 126.96 118.49 LA104 ...... 66.61 62.17 MA010 ...... 117.46 109.64 MA094 ...... 116.88 109.10 LA111 ...... 66.10 61.69 MA012 ...... 117.46 109.64 MA095 ...... 127.26 118.78 LA114 ...... 66.10 61.69 MA013 ...... 126.96 118.49 MA096 ...... 116.88 109.10 LA115 ...... 66.10 61.69 MA014 ...... 126.96 118.49 MA098 ...... 126.96 118.49 LA120 ...... 66.61 62.17 MA015 ...... 126.96 118.49 MA099 ...... 126.96 118.49 LA122 ...... 66.61 62.17 MA016 ...... 126.96 118.49 MA100 ...... 117.46 109.64 LA125 ...... 66.10 61.69 MA017 ...... 126.96 118.49 MA101 ...... 126.96 118.49 LA128 ...... 66.10 61.69 MA018 ...... 116.13 108.40 MA105 ...... 117.46 109.64 LA129 ...... 66.61 62.17 MA019 ...... 126.96 118.49 MA106 ...... 117.46 109.64 LA132 ...... 66.10 61.69 MA020 ...... 126.96 118.49 MA107 ...... 117.46 109.64 LA159 ...... 66.10 61.69 MA022 ...... 126.96 118.49 MA108 ...... 117.46 109.64 LA163 ...... 66.10 61.69 MA023 ...... 126.96 118.49 MA109 ...... 126.96 118.49 LA165 ...... 66.61 62.17 MA024 ...... 117.46 109.64 MA110 ...... 127.26 118.78 LA166 ...... 66.10 61.69 MA025 ...... 126.96 118.49 MA111 ...... 126.96 118.49 LA168 ...... 66.61 62.17 MA026 ...... 117.46 109.64 MA112 ...... 126.96 118.49 LA169 ...... 66.10 61.69 MA027 ...... 126.96 118.49 MA116 ...... 126.96 118.49 LA171 ...... 66.61 62.17 MA028 ...... 126.96 118.49 MA117 ...... 126.96 118.49 LA172 ...... 66.61 62.17 MA029 ...... 117.46 109.64 MA118 ...... 126.96 118.49 LA173 ...... 66.61 62.17 MA031 ...... 126.96 118.49 MA119 ...... 126.96 118.49 LA174 ...... 66.61 62.17 MA032 ...... 126.96 118.49 MA121 ...... 126.96 118.49 LA178 ...... 66.61 62.17 MA033 ...... 126.96 118.49 MA122 ...... 126.96 118.49 LA179 ...... 66.61 62.17 MA034 ...... 117.46 109.64 MA123 ...... 117.46 109.64 LA181 ...... 71.29 66.52 MA035 ...... 117.46 109.64 MA125 ...... 126.96 118.49 LA182 ...... 66.10 61.69 MA036 ...... 126.96 118.49 MA127 ...... 117.46 109.64 LA184 ...... 69.78 65.14 MA037 ...... 117.46 109.64 MA133 ...... 126.96 118.49 LA186 ...... 66.61 62.17 MA039 ...... 117.46 109.64 MA134 ...... 126.96 118.49 LA187 ...... 71.29 66.52 MA040 ...... 126.96 118.49 MA135 ...... 126.96 118.49 LA188 ...... 66.10 61.69 MA041 ...... 117.46 109.64 MA138 ...... 127.26 118.78 LA189 ...... 66.61 62.17 MA042 ...... 126.96 118.49 MA139 ...... 117.46 109.64 LA190 ...... 69.78 65.14 MA043 ...... 117.46 109.64 MA140 ...... 126.96 118.49 LA192 ...... 66.10 61.69 MA044 ...... 126.96 118.49 MA147 ...... 126.96 118.49 LA194 ...... 68.25 63.71 MA045 ...... 126.96 118.49 MA154 ...... 126.96 118.49 LA195 ...... 66.10 61.69 MA046 ...... 127.26 118.78 MA155 ...... 126.96 118.49 LA196 ...... 66.61 62.17 MA047 ...... 127.26 118.78 MA165 ...... 126.96 118.49 LA199 ...... 76.97 71.84 MA048 ...... 126.96 118.49 MA170 ...... 116.13 108.40 LA202 ...... 76.97 71.84 MA050 ...... 117.46 109.64 MA172 ...... 117.46 109.64 LA204 ...... 76.97 71.84 MA051 ...... 117.46 109.64 MA174 ...... 126.96 118.49 LA205 ...... 76.97 71.84 MA053 ...... 126.96 118.49 MA180 ...... 127.26 118.78 LA206 ...... 66.61 62.17 MA054 ...... 126.96 118.49 MA181 ...... 127.26 118.78 LA207 ...... 66.61 62.17 MA055 ...... 126.96 118.49 MA188 ...... 117.46 109.64 LA211 ...... 68.25 63.71 MA056 ...... 126.96 118.49 MA880 ...... 126.96 118.49 LA212 ...... 66.10 61.69 MA057 ...... 126.96 118.49 MA881 ...... 126.96 118.49 LA213 ...... 71.11 66.38 MA059 ...... 126.96 118.49 MA882 ...... 117.46 109.64 LA214 ...... 66.61 62.17 MA060 ...... 117.46 109.64 MA883 ...... 126.96 118.49 LA215 ...... 66.10 61.69 MA061 ...... 126.96 118.49 MA901 ...... 126.96 118.49 LA219 ...... 76.97 71.84 MA063 ...... 126.96 118.49 MD001 ...... 84.56 78.92 LA220 ...... 66.10 61.69 MA065 ...... 126.96 118.49 MD002 ...... 84.56 78.92 LA222 ...... 66.10 61.69 MA066 ...... 117.46 109.64 MD003 ...... 114.69 107.05 LA229 ...... 66.10 61.69 MA067 ...... 126.96 118.49 MD004 ...... 114.69 107.05 LA230 ...... 69.78 65.14 MA069 ...... 126.96 118.49 MD006 ...... 66.34 61.90 LA232 ...... 66.10 61.69 MA070 ...... 126.96 118.49 MD007 ...... 114.69 107.05 LA233 ...... 66.10 61.69 MA072 ...... 126.96 118.49 MD009 ...... 63.94 59.68 LA238 ...... 71.29 66.52 MA073 ...... 126.96 118.49 MD014 ...... 76.00 70.94 LA241 ...... 66.10 61.69 MA074 ...... 126.96 118.49 MD015 ...... 114.69 107.05 LA242 ...... 66.10 61.69 MA075 ...... 126.96 118.49 MD016 ...... 90.84 84.79 LA246 ...... 66.10 61.69 MA076 ...... 117.46 109.64 MD018 ...... 84.56 78.92 LA247 ...... 66.10 61.69 MA077 ...... 117.46 109.64 MD019 ...... 76.22 71.13

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27350 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

MD021 ...... 95.93 89.53 MI084 ...... 58.76 54.83 MN182 ...... 61.26 57.17 MD022 ...... 114.69 107.05 MI087 ...... 58.76 54.83 MN184 ...... 89.79 83.81 MD023 ...... 84.56 78.92 MI089 ...... 66.73 62.29 MN188 ...... 61.26 57.17 MD024 ...... 114.69 107.05 MI093 ...... 62.99 58.79 MN190 ...... 61.26 57.17 MD025 ...... 84.56 78.92 MI094 ...... 54.78 51.13 MN191 ...... 61.26 57.17 MD027 ...... 84.56 78.92 MI096 ...... 66.73 62.29 MN192 ...... 61.26 57.17 MD028 ...... 66.34 61.90 MI097 ...... 66.73 62.29 MN193 ...... 68.83 64.25 MD029 ...... 90.84 84.79 MI100 ...... 66.73 62.29 MN197 ...... 61.26 57.17 MD032 ...... 84.56 78.92 MI112 ...... 54.78 51.13 MN200 ...... 61.26 57.17 MD033 ...... 84.56 78.92 MI115 ...... 62.99 58.79 MN203 ...... 64.27 59.98 MD034 ...... 84.56 78.92 MI117 ...... 54.78 51.13 MN212 ...... 89.79 83.81 MD901 ...... 114.69 107.05 MI119 ...... 54.78 51.13 MN216 ...... 89.79 83.81 ME001 ...... 64.81 60.49 MI120 ...... 58.17 54.30 MN219 ...... 66.70 62.26 ME002 ...... 64.81 60.49 MI121 ...... 59.13 55.19 MN220 ...... 66.83 62.38 ME003 ...... 103.66 96.76 MI132 ...... 54.78 51.13 MN801 ...... 89.79 83.81 ME004 ...... 64.81 60.49 MI139 ...... 66.73 62.29 MN802 ...... 89.79 83.81 ME005 ...... 74.18 69.22 MI157 ...... 66.73 62.29 MO001 ...... 66.03 61.62 ME006 ...... 79.27 73.97 MI167 ...... 63.98 59.72 MO002 ...... 64.19 59.90 ME007 ...... 74.18 69.22 MI168 ...... 63.98 59.72 MO003 ...... 63.30 59.08 ME008 ...... 68.14 63.59 MI178 ...... 54.78 51.13 MO004 ...... 66.03 61.62 ME009 ...... 75.29 70.28 MI186 ...... 55.08 51.41 MO006 ...... 66.03 61.62 ME011 ...... 91.20 85.11 MI194 ...... 63.98 59.72 MO007 ...... 63.30 59.08 ME015 ...... 103.66 96.76 MI198 ...... 62.99 58.79 MO008 ...... 63.30 59.08 ME018 ...... 75.29 70.28 MI880 ...... 63.98 59.72 MO009 ...... 63.30 59.08 ME019 ...... 83.08 77.53 MI901 ...... 66.73 62.29 MO010 ...... 63.30 59.08 ME020 ...... 103.66 96.76 MN001 ...... 89.79 83.81 MO014 ...... 63.30 59.08 ME021 ...... 75.29 70.28 MN002 ...... 89.79 83.81 MO016 ...... 63.30 59.08 ME025 ...... 64.81 60.49 MN003 ...... 66.42 61.99 MO017 ...... 64.19 59.90 ME027 ...... 66.53 62.10 MN006 ...... 62.11 57.97 MO030 ...... 64.19 59.90 ME028 ...... 91.20 85.11 MN007 ...... 66.42 61.99 MO037 ...... 63.30 59.08 ME030 ...... 68.14 63.59 MN008 ...... 61.26 57.17 MO040 ...... 63.30 59.08 ME901 ...... 63.62 59.37 MN009 ...... 61.26 57.17 MO053 ...... 64.19 59.90 MI001 ...... 66.73 62.29 MN018 ...... 61.26 57.17 MO058 ...... 63.30 59.08 MI003 ...... 66.73 62.29 MN021 ...... 75.15 70.14 MO064 ...... 63.30 59.08 MI005 ...... 66.73 62.29 MN032 ...... 61.26 57.17 MO065 ...... 63.30 59.08 MI006 ...... 57.07 53.26 MN034 ...... 61.26 57.17 MO072 ...... 63.30 59.08 MI008 ...... 66.73 62.29 MN037 ...... 61.26 57.17 MO074 ...... 63.30 59.08 MI009 ...... 57.44 53.61 MN038 ...... 68.41 63.85 MO107 ...... 63.30 59.08 MI010 ...... 58.17 54.30 MN049 ...... 61.26 57.17 MO129 ...... 63.30 59.08 MI019 ...... 54.78 51.13 MN063 ...... 66.70 62.26 MO133 ...... 63.30 59.08 MI020 ...... 54.78 51.13 MN067 ...... 89.79 83.81 MO145 ...... 63.30 59.08 MI023 ...... 55.08 51.41 MN073 ...... 66.42 61.99 MO149 ...... 63.30 59.08 MI027 ...... 66.73 62.29 MN077 ...... 66.83 62.38 MO188 ...... 63.30 59.08 MI030 ...... 54.78 51.13 MN085 ...... 61.26 57.17 MO190 ...... 63.30 59.08 MI031 ...... 62.99 58.79 MN090 ...... 61.26 57.17 MO193 ...... 64.19 59.90 MI032 ...... 58.17 54.30 MN101 ...... 61.26 57.17 MO196 ...... 64.19 59.90 MI035 ...... 60.15 56.14 MN107 ...... 61.26 57.17 MO197 ...... 64.19 59.90 MI036 ...... 54.78 51.13 MN128 ...... 61.26 57.17 MO198 ...... 63.30 59.08 MI037 ...... 66.73 62.29 MN144 ...... 89.79 83.81 MO199 ...... 66.03 61.62 MI038 ...... 57.67 53.84 MN147 ...... 89.79 83.81 MO200 ...... 63.30 59.08 MI039 ...... 66.73 62.29 MN151 ...... 74.34 69.40 MO203 ...... 63.30 59.08 MI040 ...... 66.73 62.29 MN152 ...... 89.79 83.81 MO204 ...... 64.19 59.90 MI044 ...... 66.73 62.29 MN153 ...... 61.26 57.17 MO205 ...... 66.03 61.62 MI045 ...... 66.73 62.29 MN154 ...... 61.26 57.17 MO206 ...... 63.30 59.08 MI047 ...... 54.78 51.13 MN158 ...... 75.15 70.14 MO207 ...... 63.30 59.08 MI048 ...... 66.73 62.29 MN161 ...... 64.27 59.98 MO209 ...... 63.30 59.08 MI049 ...... 54.78 51.13 MN163 ...... 89.79 83.81 MO210 ...... 64.19 59.90 MI050 ...... 54.78 51.13 MN164 ...... 75.15 70.14 MO212 ...... 63.30 59.08 MI051 ...... 66.73 62.29 MN166 ...... 61.26 57.17 MO213 ...... 64.19 59.90 MI052 ...... 66.73 62.29 MN167 ...... 66.70 62.26 MO215 ...... 63.30 59.08 MI055 ...... 66.73 62.29 MN168 ...... 64.27 59.98 MO216 ...... 63.30 59.08 MI058 ...... 63.98 59.72 MN169 ...... 61.26 57.17 MO217 ...... 63.30 59.08 MI059 ...... 66.73 62.29 MN170 ...... 89.79 83.81 MO227 ...... 66.03 61.62 MI060 ...... 58.76 54.83 MN171 ...... 63.23 59.00 MS004 ...... 63.36 59.14 MI061 ...... 59.13 55.19 MN172 ...... 68.41 63.85 MS005 ...... 66.43 62.01 MI063 ...... 54.78 51.13 MN173 ...... 61.26 57.17 MS006 ...... 63.36 59.14 MI064 ...... 79.51 74.21 MN174 ...... 61.26 57.17 MS016 ...... 67.53 63.03 MI066 ...... 62.99 58.79 MN176 ...... 61.26 57.17 MS019 ...... 63.36 59.14 MI070 ...... 58.76 54.83 MN177 ...... 61.26 57.17 MS030 ...... 63.36 59.14 MI073 ...... 62.99 58.79 MN178 ...... 64.27 59.98 MS040 ...... 66.43 62.01 MI074 ...... 59.13 55.19 MN179 ...... 61.26 57.17 MS057 ...... 63.36 59.14 MI080 ...... 60.81 56.76 MN180 ...... 61.26 57.17 MS058 ...... 78.40 73.16

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00120 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27351

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

MS095 ...... 63.36 59.14 NC163 ...... 65.78 61.39 NH009 ...... 85.96 80.22 MS103 ...... 78.40 73.16 NC164 ...... 78.43 73.19 NH010 ...... 98.80 92.21 MS107 ...... 63.36 59.14 NC165 ...... 62.57 58.40 NH011 ...... 75.78 70.74 MS128 ...... 63.36 59.14 NC166 ...... 62.57 58.40 NH012 ...... 80.73 75.35 MS301 ...... 66.43 62.01 NC167 ...... 63.74 59.49 NH013 ...... 96.13 89.73 MT001 ...... 86.92 81.13 NC173 ...... 65.65 61.27 NH014 ...... 96.13 89.73 MT002 ...... 76.95 71.83 NC175 ...... 65.65 61.27 NH015 ...... 75.78 70.74 MT003 ...... 71.63 66.85 NC901 ...... 62.57 58.40 NH016 ...... 75.78 70.74 MT004 ...... 83.29 77.73 ND001 ...... 75.15 70.14 NH022 ...... 117.46 109.64 MT006 ...... 67.48 62.99 ND002 ...... 75.04 70.03 NH888 ...... 98.63 92.05 MT015 ...... 73.11 68.22 ND003 ...... 75.04 70.03 NH901 ...... 92.84 86.64 MT033 ...... 78.24 73.01 ND009 ...... 75.04 70.03 NJ002 ...... 109.48 102.16 MT036 ...... 73.11 68.22 ND010 ...... 75.15 70.14 NJ003 ...... 109.48 102.16 MT901 ...... 86.92 81.13 ND011 ...... 75.04 70.03 NJ004 ...... 93.44 87.21 NC001 ...... 65.65 61.27 ND012 ...... 75.15 70.14 NJ006 ...... 112.11 104.65 NC002 ...... 78.43 73.19 ND013 ...... 75.04 70.03 NJ007 ...... 109.75 102.44 NC003 ...... 71.93 67.12 ND014 ...... 75.15 70.14 NJ008 ...... 109.75 102.44 NC004 ...... 62.57 58.40 ND015 ...... 75.04 70.03 NJ009 ...... 93.44 87.21 NC006 ...... 67.94 63.42 ND016 ...... 75.04 70.03 NJ010 ...... 90.84 84.79 NC007 ...... 65.65 61.27 ND017 ...... 75.04 70.03 NJ011 ...... 112.11 104.65 NC008 ...... 71.93 67.12 ND019 ...... 75.04 70.03 NJ012 ...... 93.44 87.21 NC009 ...... 66.73 62.27 ND021 ...... 75.15 70.14 NJ013 ...... 112.11 104.65 NC011 ...... 67.94 63.42 ND022 ...... 75.04 70.03 NJ014 ...... 92.57 86.42 NC012 ...... 67.94 63.42 ND025 ...... 75.04 70.03 NJ015 ...... 93.44 87.21 NC013 ...... 78.43 73.19 ND026 ...... 75.04 70.03 NJ021 ...... 112.11 104.65 NC014 ...... 62.57 58.40 ND030 ...... 75.04 70.03 NJ022 ...... 112.11 104.65 NC015 ...... 65.65 61.27 ND031 ...... 75.04 70.03 NJ023 ...... 109.48 102.16 NC018 ...... 62.57 58.40 ND035 ...... 75.04 70.03 NJ025 ...... 109.48 102.16 NC019 ...... 65.65 61.27 ND036 ...... 75.04 70.03 NJ026 ...... 93.44 87.21 NC020 ...... 62.57 58.40 ND037 ...... 75.04 70.03 NJ030 ...... 93.44 87.21 NC021 ...... 78.43 73.19 ND038 ...... 75.04 70.03 NJ032 ...... 109.48 102.16 NC022 ...... 65.65 61.27 ND039 ...... 75.04 70.03 NJ033 ...... 112.11 104.65 NC025 ...... 62.57 58.40 ND044 ...... 75.04 70.03 NJ035 ...... 112.11 104.65 NC032 ...... 62.57 58.40 ND049 ...... 75.04 70.03 NJ036 ...... 93.44 87.21 NC035 ...... 63.16 58.95 ND052 ...... 75.04 70.03 NJ037 ...... 109.48 102.16 NC039 ...... 64.63 60.33 ND054 ...... 75.04 70.03 NJ039 ...... 109.48 102.16 NC050 ...... 65.78 61.39 ND055 ...... 75.04 70.03 NJ042 ...... 112.11 104.65 NC056 ...... 69.17 64.56 ND070 ...... 75.04 70.03 NJ043 ...... 112.11 104.65 NC057 ...... 71.93 67.12 ND901 ...... 75.04 70.03 NJ044 ...... 112.11 104.65 NC059 ...... 67.94 63.42 NE001 ...... 69.61 64.97 NJ046 ...... 109.75 102.44 NC065 ...... 71.93 67.12 NE002 ...... 68.92 64.33 NJ047 ...... 112.11 104.65 NC070 ...... 68.42 63.85 NE003 ...... 68.92 64.33 NJ048 ...... 109.75 102.44 NC071 ...... 64.63 60.33 NE004 ...... 68.92 64.33 NJ049 ...... 89.00 83.06 NC072 ...... 68.13 63.60 NE010 ...... 68.92 64.33 NJ050 ...... 109.48 102.16 NC075 ...... 62.57 58.40 NE041 ...... 68.92 64.33 NJ051 ...... 90.84 84.79 NC077 ...... 62.57 58.40 NE078 ...... 68.92 64.33 NJ052 ...... 109.48 102.16 NC081 ...... 67.94 63.42 NE083 ...... 68.92 64.33 NJ054 ...... 109.75 102.44 NC087 ...... 65.65 61.27 NE094 ...... 68.92 64.33 NJ055 ...... 112.11 104.65 NC089 ...... 62.57 58.40 NE100 ...... 68.92 64.33 NJ056 ...... 109.75 102.44 NC098 ...... 65.65 61.27 NE104 ...... 68.92 64.33 NJ058 ...... 90.84 84.79 NC102 ...... 68.42 63.85 NE114 ...... 68.92 64.33 NJ059 ...... 92.57 86.42 NC104 ...... 78.43 73.19 NE120 ...... 68.92 64.33 NJ060 ...... 109.75 102.44 NC118 ...... 62.57 58.40 NE123 ...... 68.92 64.33 NJ061 ...... 89.00 83.06 NC120 ...... 78.43 73.19 NE141 ...... 68.92 64.33 NJ063 ...... 89.00 83.06 NC134 ...... 68.42 63.85 NE143 ...... 68.92 64.33 NJ065 ...... 109.75 102.44 NC137 ...... 65.65 61.27 NE150 ...... 68.92 64.33 NJ066 ...... 109.48 102.16 NC138 ...... 62.57 58.40 NE153 ...... 69.61 64.97 NJ067 ...... 112.11 104.65 NC139 ...... 62.57 58.40 NE157 ...... 68.92 64.33 NJ068 ...... 109.48 102.16 NC140 ...... 65.65 61.27 NE174 ...... 69.61 64.97 NJ070 ...... 112.11 104.65 NC141 ...... 62.57 58.40 NE175 ...... 69.01 64.41 NJ071 ...... 112.11 104.65 NC144 ...... 65.65 61.27 NE179 ...... 68.92 64.33 NJ073 ...... 90.84 84.79 NC145 ...... 62.57 58.40 NE180 ...... 68.92 64.33 NJ074 ...... 90.84 84.79 NC146 ...... 62.57 58.40 NE181 ...... 68.92 64.33 NJ075 ...... 112.11 104.65 NC147 ...... 65.65 61.27 NE182 ...... 68.92 64.33 NJ077 ...... 93.44 87.21 NC149 ...... 62.57 58.40 NH001 ...... 92.84 86.64 NJ081 ...... 109.75 102.44 NC150 ...... 62.57 58.40 NH002 ...... 98.63 92.05 NJ083 ...... 93.44 87.21 NC151 ...... 62.57 58.40 NH003 ...... 96.13 89.73 NJ084 ...... 112.11 104.65 NC152 ...... 65.65 61.27 NH004 ...... 96.13 89.73 NJ086 ...... 109.48 102.16 NC155 ...... 62.57 58.40 NH005 ...... 105.72 98.66 NJ088 ...... 109.48 102.16 NC159 ...... 69.17 64.56 NH006 ...... 96.13 89.73 NJ089 ...... 112.11 104.65 NC160 ...... 62.57 58.40 NH007 ...... 83.27 77.72 NJ090 ...... 112.11 104.65 NC161 ...... 62.57 58.40 NH008 ...... 96.13 89.73 NJ092 ...... 109.48 102.16

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00121 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27352 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

NJ095 ...... 109.75 102.44 NY057 ...... 115.02 107.36 NY433 ...... 57.99 54.12 NJ097 ...... 112.11 104.65 NY059 ...... 67.65 63.15 NY443 ...... 67.65 63.15 NJ099 ...... 109.48 102.16 NY060 ...... 74.27 69.32 NY447 ...... 80.30 74.95 NJ102 ...... 109.48 102.16 NY061 ...... 66.95 62.48 NY449 ...... 69.06 64.47 NJ105 ...... 109.48 102.16 NY062 ...... 102.76 95.92 NY501 ...... 80.30 74.95 NJ106 ...... 112.11 104.65 NY065 ...... 67.82 63.31 NY503 ...... 80.30 74.95 NJ108 ...... 109.48 102.16 NY066 ...... 68.34 63.80 NY504 ...... 73.89 68.97 NJ109 ...... 109.48 102.16 NY067 ...... 64.69 60.37 NY505 ...... 70.07 65.40 NJ110 ...... 112.11 104.65 NY068 ...... 63.38 59.14 NY512 ...... 80.30 74.95 NJ112 ...... 112.11 104.65 NY070 ...... 69.06 64.47 NY513 ...... 80.30 74.95 NJ113 ...... 109.48 102.16 NY071 ...... 75.78 70.72 NY516 ...... 80.30 74.95 NJ114 ...... 112.11 104.65 NY073 ...... 76.02 70.96 NY519 ...... 80.30 74.95 NJ118 ...... 90.84 84.79 NY077 ...... 115.02 107.36 NY521 ...... 73.89 68.97 NJ204 ...... 90.84 84.79 NY079 ...... 76.02 70.96 NY522 ...... 62.33 58.16 NJ212 ...... 107.56 100.39 NY084 ...... 99.98 93.31 NY527 ...... 73.89 68.97 NJ214 ...... 109.75 102.44 NY085 ...... 115.02 107.36 NY529 ...... 90.43 84.40 NJ880 ...... 109.75 102.44 NY086 ...... 115.02 107.36 NY530 ...... 74.27 69.32 NJ881 ...... 112.11 104.65 NY087 ...... 62.33 58.16 NY532 ...... 80.30 74.95 NJ882 ...... 109.48 102.16 NY088 ...... 115.02 107.36 NY534 ...... 67.65 63.15 NJ902 ...... 90.84 84.79 NY089 ...... 84.53 78.90 NY535 ...... 80.30 74.95 NJ912 ...... 109.48 102.16 NY091 ...... 69.06 64.47 NY538 ...... 80.30 74.95 NM001 ...... 78.21 73.00 NY094 ...... 115.02 107.36 NY541 ...... 63.38 59.14 NM002 ...... 60.44 56.41 NY098 ...... 67.65 63.15 NY552 ...... 67.65 63.15 NM003 ...... 62.07 57.93 NY102 ...... 73.89 68.97 NY557 ...... 80.30 74.95 NM006 ...... 78.11 72.89 NY103 ...... 90.43 84.40 NY561 ...... 80.30 74.95 NM009 ...... 92.55 86.37 NY107 ...... 73.89 68.97 NY562 ...... 80.30 74.95 NM020 ...... 61.16 57.07 NY109 ...... 67.65 63.15 NY564 ...... 80.30 74.95 NM033 ...... 60.44 56.41 NY110 ...... 99.98 93.31 NY630 ...... 80.30 74.95 NM039 ...... 60.44 56.41 NY111 ...... 115.02 107.36 NY888 ...... 115.02 107.36 NM050 ...... 92.55 86.37 NY113 ...... 115.02 107.36 NY889 ...... 61.14 57.06 NM057 ...... 78.21 73.00 NY114 ...... 99.98 93.31 NY891 ...... 115.02 107.36 NM061 ...... 60.44 56.41 NY117 ...... 115.02 107.36 NY892 ...... 115.02 107.36 NM063 ...... 61.16 57.07 NY120 ...... 115.02 107.36 NY895 ...... 115.02 107.36 NM066 ...... 76.97 71.83 NY121 ...... 115.02 107.36 NY904 ...... 115.02 107.36 NM067 ...... 60.44 56.41 NY123 ...... 115.02 107.36 NY912 ...... 69.06 64.47 NM077 ...... 78.21 73.00 NY125 ...... 102.76 95.92 OH001 ...... 67.79 63.26 NM088 ...... 64.45 60.16 NY127 ...... 115.02 107.36 OH002 ...... 61.56 57.45 NV001 ...... 82.23 76.75 NY128 ...... 115.02 107.36 OH003 ...... 71.46 66.69 NV018 ...... 92.37 86.22 NY130 ...... 115.02 107.36 OH004 ...... 69.20 64.58 NV905 ...... 82.23 76.75 NY132 ...... 115.02 107.36 OH005 ...... 63.13 58.92 NY001 ...... 73.89 68.97 NY134 ...... 102.76 95.92 OH006 ...... 71.03 66.29 NY002 ...... 69.06 64.47 NY137 ...... 102.76 95.92 OH007 ...... 70.29 65.62 NY003 ...... 115.02 107.36 NY138 ...... 99.98 93.31 OH008 ...... 61.56 57.45 NY005 ...... 99.98 93.31 NY141 ...... 115.02 107.36 OH009 ...... 59.05 55.11 NY006 ...... 67.65 63.15 NY146 ...... 115.02 107.36 OH010 ...... 59.05 55.11 NY009 ...... 80.30 74.95 NY147 ...... 115.02 107.36 OH012 ...... 71.46 66.69 NY012 ...... 80.30 74.95 NY148 ...... 99.98 93.31 OH014 ...... 61.97 57.84 NY015 ...... 80.30 74.95 NY149 ...... 115.02 107.36 OH015 ...... 69.20 64.58 NY016 ...... 70.07 65.40 NY151 ...... 115.02 107.36 OH016 ...... 60.56 56.52 NY017 ...... 61.14 57.06 NY152 ...... 115.02 107.36 OH018 ...... 60.56 56.52 NY018 ...... 64.81 60.49 NY154 ...... 115.02 107.36 OH019 ...... 60.35 56.32 NY019 ...... 67.65 63.15 NY158 ...... 102.76 95.92 OH020 ...... 59.05 55.11 NY020 ...... 80.30 74.95 NY159 ...... 115.02 107.36 OH021 ...... 63.13 58.92 NY021 ...... 70.58 65.88 NY160 ...... 99.98 93.31 OH022 ...... 63.13 58.92 NY022 ...... 80.30 74.95 NY165 ...... 115.02 107.36 OH024 ...... 59.05 55.11 NY023 ...... 115.02 107.36 NY402 ...... 71.35 66.59 OH025 ...... 71.46 66.69 NY025 ...... 80.30 74.95 NY403 ...... 57.73 53.88 OH026 ...... 60.02 56.01 NY027 ...... 73.89 68.97 NY404 ...... 69.06 64.47 OH027 ...... 71.46 66.69 NY028 ...... 80.30 74.95 NY405 ...... 69.06 64.47 OH028 ...... 62.88 58.68 NY033 ...... 80.30 74.95 NY406 ...... 84.53 78.90 OH029 ...... 69.68 65.02 NY034 ...... 67.65 63.15 NY408 ...... 80.30 74.95 OH030 ...... 59.05 55.11 NY035 ...... 115.02 107.36 NY409 ...... 69.06 64.47 OH031 ...... 70.29 65.62 NY038 ...... 115.02 107.36 NY413 ...... 74.27 69.32 OH032 ...... 59.26 55.31 NY041 ...... 84.53 78.90 NY416 ...... 80.30 74.95 OH033 ...... 59.05 55.11 NY042 ...... 115.02 107.36 NY417 ...... 67.65 63.15 OH034 ...... 59.26 55.31 NY044 ...... 84.53 78.90 NY421 ...... 80.30 74.95 OH035 ...... 59.05 55.11 NY045 ...... 90.43 84.40 NY422 ...... 80.30 74.95 OH036 ...... 59.32 55.37 NY048 ...... 57.99 54.12 NY424 ...... 80.30 74.95 OH037 ...... 59.05 55.11 NY049 ...... 102.76 95.92 NY427 ...... 80.30 74.95 OH038 ...... 69.20 64.58 NY050 ...... 115.02 107.36 NY428 ...... 80.30 74.95 OH039 ...... 59.05 55.11 NY051 ...... 102.76 95.92 NY430 ...... 80.30 74.95 OH040 ...... 59.05 55.11 NY054 ...... 78.97 73.72 NY431 ...... 80.30 74.95 OH041 ...... 59.05 55.11

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00122 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27353

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

OH042 ...... 71.46 66.69 OR022 ...... 83.78 78.19 PA073 ...... 61.46 57.36 OH043 ...... 67.79 63.26 OR026 ...... 86.03 80.29 PA074 ...... 62.31 58.17 OH044 ...... 61.56 57.45 OR027 ...... 77.62 72.46 PA075 ...... 79.18 73.90 OH045 ...... 59.05 55.11 OR028 ...... 83.78 78.19 PA076 ...... 77.37 72.20 OH046 ...... 59.05 55.11 OR031 ...... 87.14 81.34 PA077 ...... 63.17 58.95 OH047 ...... 59.05 55.11 OR032 ...... 81.32 75.89 PA078 ...... 100.29 93.61 OH049 ...... 69.20 64.58 OR034 ...... 92.48 86.32 PA079 ...... 64.00 59.73 OH050 ...... 59.05 55.11 PA001 ...... 63.40 59.17 PA080 ...... 63.17 58.95 OH053 ...... 59.05 55.11 PA002 ...... 90.84 84.79 PA081 ...... 77.37 72.20 OH054 ...... 61.53 57.43 PA003 ...... 61.46 57.36 PA082 ...... 73.06 68.19 OH056 ...... 59.05 55.11 PA004 ...... 77.37 72.20 PA083 ...... 61.99 57.86 OH058 ...... 59.05 55.11 PA005 ...... 63.40 59.17 PA085 ...... 60.66 56.61 OH059 ...... 67.79 63.26 PA006 ...... 63.40 59.17 PA086 ...... 61.77 57.65 OH060 ...... 59.05 55.11 PA007 ...... 90.84 84.79 PA087 ...... 76.96 71.83 OH061 ...... 60.41 56.38 PA008 ...... 79.18 73.90 PA088 ...... 86.25 80.49 OH062 ...... 63.13 58.92 PA009 ...... 75.45 70.41 PA090 ...... 80.41 75.06 OH063 ...... 59.05 55.11 PA010 ...... 63.40 59.17 PA091 ...... 73.31 68.42 OH066 ...... 59.05 55.11 PA011 ...... 77.37 72.20 PA092 ...... 62.46 58.30 OH067 ...... 59.05 55.11 PA012 ...... 90.84 84.79 RI001 ...... 116.13 108.40 OH069 ...... 59.05 55.11 PA013 ...... 76.96 71.83 RI002 ...... 116.13 108.40 OH070 ...... 67.79 63.26 PA014 ...... 63.40 59.17 RI003 ...... 116.13 108.40 OH071 ...... 71.03 66.29 PA015 ...... 63.40 59.17 RI004 ...... 116.13 108.40 OH072 ...... 59.05 55.11 PA016 ...... 69.71 65.06 RI005 ...... 110.95 103.54 OH073 ...... 71.46 66.69 PA017 ...... 63.40 59.17 RI006 ...... 116.13 108.40 OH074 ...... 60.70 56.65 PA018 ...... 63.40 59.17 RI007 ...... 116.13 108.40 OH075 ...... 59.05 55.11 PA019 ...... 65.06 60.72 RI008 ...... 100.98 94.25 OH076 ...... 59.05 55.11 PA020 ...... 71.42 66.66 RI009 ...... 116.13 108.40 OH077 ...... 59.05 55.11 PA021 ...... 65.06 60.72 RI010 ...... 116.13 108.40 OH078 ...... 59.05 55.11 PA022 ...... 72.68 67.83 RI011 ...... 116.13 108.40 OH079 ...... 67.79 63.26 PA023 ...... 90.84 84.79 RI012 ...... 116.13 108.40 OH080 ...... 60.49 56.45 PA024 ...... 77.37 72.20 RI014 ...... 116.13 108.40 OH081 ...... 60.56 56.52 PA026 ...... 64.00 59.73 RI015 ...... 116.13 108.40 OH082 ...... 59.19 55.24 PA027 ...... 60.66 56.61 RI016 ...... 116.13 108.40 OH083 ...... 67.79 63.26 PA028 ...... 82.51 77.02 RI017 ...... 116.13 108.40 OH085 ...... 71.03 66.29 PA029 ...... 65.53 61.16 RI018 ...... 116.13 108.40 OH086 ...... 59.05 55.11 PA030 ...... 61.46 57.36 RI019 ...... 116.13 108.40 OH882 ...... 71.46 66.69 PA031 ...... 67.00 62.53 RI020 ...... 116.13 108.40 OK002 ...... 63.67 59.43 PA032 ...... 64.66 60.34 RI022 ...... 116.13 108.40 OK005 ...... 61.94 57.81 PA033 ...... 64.00 59.73 RI024 ...... 116.13 108.40 OK006 ...... 61.62 57.52 PA034 ...... 69.13 64.51 RI026 ...... 116.13 108.40 OK024 ...... 61.62 57.52 PA035 ...... 79.18 73.90 RI027 ...... 116.13 108.40 OK027 ...... 61.62 57.52 PA036 ...... 80.41 75.06 RI028 ...... 116.13 108.40 OK032 ...... 61.62 57.52 PA037 ...... 69.71 65.06 RI029 ...... 116.13 108.40 OK033 ...... 61.94 57.81 PA038 ...... 61.46 57.36 RI901 ...... 116.13 108.40 OK044 ...... 61.62 57.52 PA039 ...... 74.47 69.51 RQ006 ...... 79.99 74.65 OK062 ...... 61.62 57.52 PA041 ...... 63.86 59.60 RQ007 ...... 74.42 69.46 OK067 ...... 61.62 57.52 PA042 ...... 61.46 57.36 RQ008 ...... 79.99 74.65 OK073 ...... 61.94 57.81 PA043 ...... 61.46 57.36 RQ009 ...... 74.42 69.46 OK095 ...... 63.35 59.13 PA044 ...... 61.46 57.36 RQ010 ...... 74.42 69.46 OK096 ...... 61.62 57.52 PA045 ...... 64.56 60.25 RQ011 ...... 79.99 74.65 OK099 ...... 61.62 57.52 PA046 ...... 90.84 84.79 RQ012 ...... 74.42 69.46 OK111 ...... 61.62 57.52 PA047 ...... 61.46 57.36 RQ013 ...... 79.99 74.65 OK118 ...... 61.62 57.52 PA048 ...... 75.01 70.01 RQ014 ...... 79.99 74.65 OK139 ...... 63.67 59.43 PA050 ...... 62.31 58.17 RQ015 ...... 79.99 74.65 OK142 ...... 61.94 57.81 PA051 ...... 90.84 84.79 RQ016 ...... 79.99 74.65 OK146 ...... 61.62 57.52 PA052 ...... 79.18 73.90 RQ017 ...... 74.42 69.46 OK148 ...... 63.35 59.13 PA053 ...... 64.56 60.25 RQ018 ...... 74.42 69.46 OK901 ...... 63.67 59.43 PA054 ...... 63.17 58.95 RQ019 ...... 79.99 74.65 OR001 ...... 83.78 78.19 PA055 ...... 64.56 60.25 RQ020 ...... 81.73 76.28 OR002 ...... 83.78 78.19 PA056 ...... 61.77 57.65 RQ021 ...... 79.99 74.65 OR003 ...... 84.99 79.33 PA057 ...... 61.46 57.36 RQ022 ...... 79.99 74.65 OR005 ...... 79.10 73.83 PA058 ...... 64.00 59.73 RQ023 ...... 79.99 74.65 OR006 ...... 96.28 89.86 PA059 ...... 61.77 57.65 RQ024 ...... 79.99 74.65 OR007 ...... 81.32 75.89 PA060 ...... 64.56 60.25 RQ025 ...... 79.99 74.65 OR008 ...... 89.95 83.95 PA061 ...... 64.56 60.25 RQ026 ...... 74.42 69.46 OR011 ...... 89.95 83.95 PA063 ...... 64.56 60.25 RQ027 ...... 79.99 74.65 OR014 ...... 89.95 83.95 PA064 ...... 62.31 58.17 RQ028 ...... 79.99 74.65 OR015 ...... 95.65 89.27 PA065 ...... 64.56 60.25 RQ029 ...... 74.42 69.46 OR016 ...... 83.78 78.19 PA067 ...... 77.37 72.20 RQ030 ...... 74.42 69.46 OR017 ...... 77.62 72.46 PA068 ...... 62.31 58.17 RQ031 ...... 74.42 69.46 OR019 ...... 85.05 79.37 PA069 ...... 67.00 62.53 RQ032 ...... 79.99 74.65 OR020 ...... 84.99 79.33 PA071 ...... 75.45 70.41 RQ033 ...... 74.42 69.46

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00123 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27354 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

RQ034 ...... 79.99 74.65 SC033 ...... 63.41 59.18 TX021 ...... 60.94 56.88 RQ035 ...... 74.42 69.46 SC034 ...... 65.47 61.10 TX023 ...... 73.12 68.24 RQ036 ...... 79.99 74.65 SC035 ...... 63.41 59.18 TX025 ...... 64.89 60.56 RQ037 ...... 74.42 69.46 SC036 ...... 71.93 67.12 TX027 ...... 85.36 79.68 RQ038 ...... 79.99 74.65 SC037 ...... 65.47 61.10 TX028 ...... 64.15 59.86 RQ039 ...... 81.73 76.28 SC046 ...... 71.93 67.12 TX029 ...... 64.15 59.86 RQ040 ...... 81.73 76.28 SC056 ...... 70.95 66.22 TX030 ...... 63.99 59.72 RQ041 ...... 74.42 69.46 SC057 ...... 70.95 66.22 TX031 ...... 83.25 77.71 RQ042 ...... 74.42 69.46 SC059 ...... 63.41 59.18 TX032 ...... 75.51 70.49 RQ043 ...... 74.42 69.46 SC911 ...... 71.72 66.94 TX034 ...... 73.12 68.24 RQ044 ...... 79.99 74.65 SD010 ...... 69.03 64.42 TX035 ...... 61.09 57.01 RQ045 ...... 79.99 74.65 SD011 ...... 67.22 62.74 TX037 ...... 73.12 68.24 RQ046 ...... 74.42 69.46 SD014 ...... 67.22 62.74 TX039 ...... 60.94 56.88 RQ047 ...... 79.99 74.65 SD016 ...... 69.03 64.42 TX042 ...... 60.94 56.88 RQ048 ...... 74.42 69.46 SD021 ...... 67.22 62.74 TX044 ...... 60.94 56.88 RQ049 ...... 79.99 74.65 SD026 ...... 67.22 62.74 TX046 ...... 64.15 59.86 RQ050 ...... 79.99 74.65 SD034 ...... 67.22 62.74 TX048 ...... 60.94 56.88 RQ052 ...... 74.42 69.46 SD035 ...... 73.04 68.16 TX049 ...... 60.94 56.88 RQ053 ...... 79.99 74.65 SD036 ...... 67.22 62.74 TX051 ...... 64.15 59.86 RQ054 ...... 79.99 74.65 SD037 ...... 67.22 62.74 TX062 ...... 64.15 59.86 RQ055 ...... 74.42 69.46 SD039 ...... 69.03 64.42 TX064 ...... 64.15 59.86 RQ056 ...... 79.99 74.65 SD043 ...... 67.22 62.74 TX065 ...... 64.89 60.56 RQ057 ...... 74.42 69.46 SD045 ...... 67.22 62.74 TX072 ...... 60.94 56.88 RQ058 ...... 74.42 69.46 SD047 ...... 67.22 62.74 TX073 ...... 64.15 59.86 RQ059 ...... 74.42 69.46 SD048 ...... 67.22 62.74 TX075 ...... 60.94 56.88 RQ060 ...... 74.42 69.46 SD055 ...... 67.22 62.74 TX079 ...... 63.99 59.72 RQ061 ...... 74.42 69.46 SD056 ...... 67.22 62.74 TX081 ...... 60.94 56.88 RQ062 ...... 74.42 69.46 SD057 ...... 67.22 62.74 TX085 ...... 88.67 82.75 RQ063 ...... 79.99 74.65 SD058 ...... 67.22 62.74 TX087 ...... 83.25 77.71 RQ064 ...... 79.99 74.65 SD059 ...... 67.22 62.74 TX095 ...... 85.36 79.68 RQ065 ...... 74.42 69.46 TN001 ...... 67.53 63.03 TX096 ...... 60.94 56.88 RQ066 ...... 74.42 69.46 TN002 ...... 62.62 58.44 TX105 ...... 60.94 56.88 RQ067 ...... 74.42 69.46 TN003 ...... 62.99 58.80 TX111 ...... 65.49 61.12 RQ068 ...... 74.42 69.46 TN004 ...... 68.46 63.89 TX114 ...... 60.94 56.88 RQ069 ...... 74.42 69.46 TN005 ...... 74.84 69.85 TX128 ...... 85.36 79.68 RQ070 ...... 79.99 74.65 TN006 ...... 62.62 58.44 TX134 ...... 60.94 56.88 RQ071 ...... 74.42 69.46 TN007 ...... 62.62 58.44 TX137 ...... 63.99 59.72 RQ072 ...... 79.99 74.65 TN012 ...... 62.99 58.80 TX147 ...... 60.94 56.88 RQ073 ...... 74.42 69.46 TN013 ...... 62.03 57.90 TX152 ...... 60.94 56.88 RQ074 ...... 74.42 69.46 TN020 ...... 74.84 69.85 TX158 ...... 63.99 59.72 RQ075 ...... 79.99 74.65 TN024 ...... 62.03 57.90 TX163 ...... 74.62 69.63 RQ077 ...... 79.99 74.65 TN026 ...... 62.03 57.90 TX164 ...... 74.62 69.63 RQ080 ...... 74.42 69.46 TN035 ...... 74.84 69.85 TX173 ...... 64.89 60.56 RQ081 ...... 79.99 74.65 TN038 ...... 62.62 58.44 TX174 ...... 74.62 69.63 RQ082 ...... 79.99 74.65 TN042 ...... 62.03 57.90 TX175 ...... 60.94 56.88 RQ083 ...... 79.99 74.65 TN054 ...... 62.62 58.44 TX177 ...... 64.15 59.86 RQ901 ...... 79.99 74.65 TN062 ...... 62.03 57.90 TX178 ...... 60.94 56.88 RQ911 ...... 79.99 74.65 TN065 ...... 62.99 58.80 TX183 ...... 60.94 56.88 SC001 ...... 70.95 66.22 TN066 ...... 62.62 58.44 TX189 ...... 60.94 56.88 SC002 ...... 71.72 66.94 TN076 ...... 62.62 58.44 TX193 ...... 73.18 68.32 SC003 ...... 65.47 61.10 TN079 ...... 74.84 69.85 TX197 ...... 63.99 59.72 SC004 ...... 65.47 61.10 TN088 ...... 62.99 58.80 TX201 ...... 60.94 56.88 SC005 ...... 65.47 61.10 TN113 ...... 62.99 58.80 TX202 ...... 64.15 59.86 SC007 ...... 68.81 64.22 TN117 ...... 68.46 63.89 TX206 ...... 64.89 60.56 SC008 ...... 65.47 61.10 TN903 ...... 74.84 69.85 TX208 ...... 63.99 59.72 SC015 ...... 63.41 59.18 TQ901 ...... 115.26 107.59 TX210 ...... 63.99 59.72 SC016 ...... 65.47 61.10 TX001 ...... 83.25 77.71 TX217 ...... 60.94 56.88 SC018 ...... 65.47 61.10 TX003 ...... 70.73 66.00 TX224 ...... 64.15 59.86 SC019 ...... 65.47 61.10 TX004 ...... 79.54 74.24 TX236 ...... 63.99 59.72 SC020 ...... 65.47 61.10 TX005 ...... 75.51 70.49 TX242 ...... 60.94 56.88 SC021 ...... 63.41 59.18 TX006 ...... 73.18 68.32 TX257 ...... 63.99 59.72 SC022 ...... 71.93 67.12 TX007 ...... 64.89 60.56 TX259 ...... 83.25 77.71 SC023 ...... 65.47 61.10 TX008 ...... 74.62 69.63 TX263 ...... 60.94 56.88 SC024 ...... 70.95 66.22 TX009 ...... 85.36 79.68 TX264 ...... 83.25 77.71 SC025 ...... 65.47 61.10 TX010 ...... 63.99 59.72 TX266 ...... 83.25 77.71 SC026 ...... 66.82 62.35 TX011 ...... 63.99 59.72 TX272 ...... 60.94 56.88 SC027 ...... 65.47 61.10 TX012 ...... 75.51 70.49 TX284 ...... 60.94 56.88 SC028 ...... 63.41 59.18 TX014 ...... 63.99 59.72 TX298 ...... 60.94 56.88 SC029 ...... 65.47 61.10 TX016 ...... 60.94 56.88 TX300 ...... 60.94 56.88 SC030 ...... 63.41 59.18 TX017 ...... 75.51 70.49 TX302 ...... 74.62 69.63 SC031 ...... 63.41 59.18 TX018 ...... 63.99 59.72 TX303 ...... 73.18 68.32 SC032 ...... 65.47 61.10 TX019 ...... 60.94 56.88 TX309 ...... 60.94 56.88

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27355

PHA A Rate B Rate PHA A Rate B Rate PHA A Rate B Rate

TX313 ...... 74.62 69.63 TX537 ...... 60.94 56.88 VT009 ...... 79.93 74.60 TX322 ...... 83.25 77.71 TX542 ...... 63.99 59.72 VT901 ...... 93.98 87.72 TX327 ...... 63.99 59.72 TX546 ...... 63.99 59.72 WA001 ...... 101.38 94.60 TX330 ...... 60.94 56.88 TX559 ...... 85.36 79.68 WA002 ...... 101.38 94.60 TX332 ...... 60.94 56.88 TX560 ...... 75.51 70.49 WA003 ...... 89.54 83.57 TX335 ...... 60.94 56.88 TX901 ...... 75.51 70.49 WA004 ...... 84.56 78.92 TX341 ...... 71.76 66.98 UT002 ...... 69.85 65.20 WA005 ...... 86.08 80.36 TX343 ...... 73.18 68.32 UT003 ...... 69.85 65.20 WA006 ...... 101.38 94.60 TX349 ...... 79.54 74.24 UT004 ...... 69.85 65.20 WA007 ...... 69.02 64.42 TX350 ...... 73.18 68.32 UT006 ...... 74.57 69.59 WA008 ...... 83.78 78.19 TX358 ...... 60.94 56.88 UT007 ...... 69.85 65.20 WA011 ...... 101.38 94.60 TX372 ...... 60.94 56.88 UT009 ...... 69.85 65.20 WA012 ...... 78.20 72.98 TX376 ...... 60.94 56.88 UT011 ...... 69.85 65.20 WA013 ...... 78.47 73.23 TX377 ...... 83.25 77.71 UT014 ...... 84.82 79.16 WA014 ...... 65.20 60.86 TX378 ...... 61.09 57.01 UT015 ...... 84.82 79.16 WA017 ...... 67.21 62.73 TX381 ...... 60.94 56.88 UT016 ...... 84.82 79.16 WA018 ...... 84.56 78.92 TX392 ...... 85.36 79.68 UT020 ...... 69.85 65.20 WA020 ...... 69.02 64.42 TX395 ...... 62.95 58.76 UT021 ...... 71.94 67.15 WA021 ...... 78.20 72.98 TX396 ...... 60.94 56.88 UT022 ...... 69.85 65.20 WA024 ...... 99.35 92.71 TX397 ...... 60.94 56.88 UT025 ...... 69.85 65.20 WA025 ...... 96.24 89.81 TX421 ...... 60.94 56.88 UT026 ...... 69.85 65.20 WA036 ...... 89.54 83.57 TX431 ...... 79.54 74.24 UT028 ...... 84.82 79.16 WA039 ...... 101.38 94.60 TX432 ...... 70.73 66.00 UT029 ...... 84.82 79.16 WA042 ...... 81.31 75.88 TX433 ...... 79.54 74.24 UT030 ...... 69.85 65.20 WA049 ...... 92.51 86.33 TX434 ...... 85.36 79.68 UT031 ...... 74.57 69.59 WA054 ...... 86.08 80.36 TX435 ...... 85.36 79.68 VA001 ...... 77.79 72.60 WA055 ...... 77.87 72.69 TX436 ...... 85.36 79.68 VA002 ...... 62.62 58.44 WA057 ...... 84.54 78.90 TX439 ...... 70.73 66.00 VA003 ...... 77.79 72.60 WA061 ...... 87.99 82.12 TX440 ...... 75.51 70.49 VA004 ...... 114.69 107.05 WA064 ...... 80.07 74.72 TX441 ...... 75.51 70.49 VA005 ...... 70.56 65.85 WA071 ...... 71.46 66.69 TX444 ...... 63.99 59.72 VA006 ...... 77.79 72.60 WI001 ...... 66.42 61.99 TX445 ...... 64.15 59.86 VA007 ...... 70.56 65.85 WI002 ...... 65.72 61.34 TX447 ...... 64.15 59.86 VA010 ...... 59.70 55.72 WI003 ...... 73.14 68.27 TX448 ...... 64.15 59.86 VA011 ...... 62.10 57.95 WI006 ...... 62.88 58.69 TX449 ...... 60.94 56.88 VA012 ...... 77.79 72.60 WI011 ...... 55.85 52.12 TX452 ...... 73.18 68.32 VA013 ...... 62.80 58.61 WI020 ...... 89.79 83.81 TX454 ...... 60.94 56.88 VA014 ...... 62.80 58.61 WI031 ...... 54.95 51.28 TX455 ...... 82.23 76.75 VA015 ...... 56.16 52.42 WI043 ...... 55.34 51.66 TX456 ...... 72.96 68.10 VA016 ...... 78.90 73.64 WI045 ...... 54.95 51.28 TX457 ...... 68.34 63.79 VA017 ...... 77.79 72.60 WI047 ...... 54.95 51.28 TX458 ...... 63.99 59.72 VA018 ...... 56.16 52.42 WI048 ...... 54.95 51.28 TX459 ...... 71.76 66.98 VA019 ...... 114.69 107.05 WI060 ...... 89.79 83.81 TX461 ...... 64.83 60.52 VA020 ...... 70.56 65.85 WI064 ...... 60.98 56.92 TX470 ...... 63.99 59.72 VA021 ...... 56.16 52.42 WI065 ...... 55.34 51.66 TX472 ...... 63.99 59.72 VA022 ...... 57.09 53.27 WI068 ...... 55.85 52.12 TX480 ...... 83.25 77.71 VA023 ...... 57.09 53.27 WI069 ...... 55.85 52.12 TX481 ...... 63.99 59.72 VA024 ...... 56.16 52.42 WI070 ...... 54.95 51.28 TX482 ...... 63.99 59.72 VA025 ...... 77.79 72.60 WI083 ...... 65.72 61.34 TX483 ...... 75.51 70.49 VA028 ...... 114.69 107.05 WI085 ...... 54.95 51.28 TX484 ...... 81.55 76.11 VA030 ...... 56.16 52.42 WI091 ...... 54.95 51.28 TX485 ...... 60.94 56.88 VA031 ...... 62.62 58.44 WI096 ...... 54.95 51.28 TX486 ...... 61.94 57.81 VA032 ...... 62.62 58.44 WI127 ...... 54.95 51.28 TX488 ...... 60.94 56.88 VA034 ...... 56.16 52.42 WI131 ...... 54.95 51.28 TX493 ...... 85.36 79.68 VA035 ...... 114.69 107.05 WI142 ...... 65.72 61.34 TX495 ...... 79.54 74.24 VA036 ...... 78.90 73.64 WI160 ...... 54.95 51.28 TX497 ...... 64.15 59.86 VA037 ...... 56.30 52.54 WI166 ...... 54.95 51.28 TX498 ...... 65.49 61.12 VA038 ...... 56.16 52.42 WI183 ...... 60.04 56.03 TX499 ...... 63.99 59.72 VA039 ...... 77.79 72.60 WI186 ...... 55.09 51.41 TX500 ...... 60.94 56.88 VA040 ...... 56.16 52.42 WI193 ...... 54.95 51.28 TX505 ...... 75.51 70.49 VA041 ...... 77.79 72.60 WI195 ...... 67.96 63.42 TX509 ...... 64.89 60.56 VA042 ...... 62.62 58.44 WI201 ...... 65.72 61.34 TX511 ...... 60.94 56.88 VA044 ...... 57.06 53.26 WI203 ...... 60.98 56.92 TX512 ...... 60.94 56.88 VA046 ...... 114.69 107.05 WI204 ...... 55.85 52.12 TX514 ...... 63.99 59.72 VA901 ...... 70.56 65.85 WI205 ...... 54.95 51.28 TX516 ...... 60.94 56.88 VQ901 ...... 97.78 91.26 WI206 ...... 54.95 51.28 TX519 ...... 60.94 56.88 VT001 ...... 93.98 87.72 WI208 ...... 54.95 51.28 TX522 ...... 85.36 79.68 VT002 ...... 82.48 76.98 WI213 ...... 55.34 51.66 TX523 ...... 65.49 61.12 VT003 ...... 85.32 79.63 WI214 ...... 73.14 68.27 TX526 ...... 85.52 79.82 VT004 ...... 84.47 78.84 WI218 ...... 65.72 61.34 TX533 ...... 85.36 79.68 VT005 ...... 79.08 73.81 WI219 ...... 60.98 56.92 TX534 ...... 82.23 76.75 VT006 ...... 93.98 87.72 WI221 ...... 54.95 51.28 TX535 ...... 60.94 56.88 VT008 ...... 79.08 73.81 WI222 ...... 54.95 51.28

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27356 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Department of the Interior by email at disclosure your personally identifiable [email protected]; or via information, you must identify any PHA A Rate B Rate facsimile to 202–395–5806. Please information contained in the submittal provide a copy of your comments to the of your comments that, if released, WI231 ...... 54.95 51.28 BOEM Information Collection Clearance would clearly constitute an WI233 ...... 54.95 51.28 Officer, Anna Atkinson, Bureau of unwarranted invasion of your personal WI237 ...... 55.97 52.24 privacy. You must also briefly describe WI241 ...... 54.95 51.28 Ocean Energy Management, 45600 WI242 ...... 54.95 51.28 Woodland Road, Sterling, Virginia, any possible harmful consequences of WI244 ...... 60.32 56.30 20166; or by email to anna.atkinson@ the disclosure of your information, such WI245 ...... 54.95 51.28 boem.gov. Please reference Office of as embarrassment, injury, or other harm. WI246 ...... 55.58 51.87 Management and Budget (OMB) Control While you can ask us in your comment WI248 ...... 54.95 51.28 Number 1010–0176 in the subject line of to withhold your personally identifiable WI256 ...... 54.95 51.28 your comments. information from public review, we WI901 ...... 54.95 51.28 FOR FURTHER INFORMATION CONTACT: cannot guarantee that we will be able to WV001 ...... 73.20 68.32 To request additional information about do so. WV003 ...... 59.05 55.11 BOEM protects proprietary WV004 ...... 60.35 56.32 this ICR, contact Anna Atkinson by email, or by telephone at 703–787–1025. information in accordance with the WV005 ...... 57.93 54.07 Freedom of Information Act (5 U.S.C. WV006 ...... 61.01 56.94 You may also view the ICR at http:// WV009 ...... 61.66 57.55 www.reginfo.gov/public/do/PRAMain. 552), the Department of the Interior’s WV010 ...... 63.75 59.50 FOIA regulations (43 CFR part 2), and SUPPLEMENTARY INFORMATION: In 30 CFR 585.113. WV015 ...... 57.93 54.07 accordance with the Paperwork WV016 ...... 61.97 57.84 Abstract: This information collection WV017 ...... 57.70 53.86 Reduction Act of 1995, we provide the request concerns the paperwork WV018 ...... 57.70 53.86 general public and other Federal requirements in the regulations under WV027 ...... 58.91 54.99 agencies with an opportunity to 30 CFR part 585, Renewable Energy and WV034 ...... 57.70 53.86 comment on new, proposed, revised, Alternate Uses of Existing Facilities on WV035 ...... 58.91 54.99 and continuing collections of the Outer Continental Shelf (OCS) WV037 ...... 60.35 56.32 information. This helps us assess the issued pursuant to the OCS Lands Act, WV039 ...... 57.93 54.07 impact of our information collection WV042 ...... 57.93 54.07 as amended (43 U.S.C. 1331 et seq.). The requirements and minimize the public’s OCS Lands Act at subsection 8(p) (43 WV045 ...... 57.70 53.86 reporting burden. It also helps the WY002 ...... 85.45 79.76 U.S.C. 1337(p)) authorizes the Secretary WY003 ...... 68.38 63.83 public understand our information of the Interior to issue leases, easements, WY004 ...... 102.96 96.10 collection requirements and provide the or rights-of way on the OCS for WY013 ...... 68.38 63.83 requested data in the desired format. activities that produce or support A Federal Register notice with a 60- production, transportation, or [FR Doc. 2019–12385 Filed 6–11–19; 8:45 am] day public comment period soliciting transmission of energy from sources BILLING CODE 4210–67–P comments on this collection of other than oil and gas, including information was published on February renewable energy. Subsection 8(p) 11, 2019 (84 FR 3232). No comments directs the Secretary of the Interior to DEPARTMENT OF THE INTERIOR were received. issue any necessary regulations to carry We are again soliciting comments on out the OCS renewable energy program. Bureau of Ocean Energy Management the proposed ICR that is described The Secretary delegated this authority to below. We are especially interested in [OMB Control Number 1010–0176; Docket BOEM. BOEM has issued regulations for ID: BOEM–2017–0016] public comment addressing the OCS renewable energy activities at 30 following issues: (1) Is the collection CFR part 585; this notice concerns the Agency Information Collection necessary to the proper functions of reporting and recordkeeping elements Activities; Submission to the Office of BOEM; (2) will this information be required under these regulations. Management and Budget for Review processed and used in a timely manner; Respondents are lessees and grantees and Approval; Renewable Energy and (3) is the estimate of burden accurate; submitting plans for commercial and Alternate Uses of Existing Facilities on (4) how might BOEM enhance the noncommercial renewable energy the Outer Continental Shelf quality, utility, and clarity of the projects on the OCS, and, if such plans information to be collected; and (5) how are approved, constructing, operating, AGENCY: Bureau of Ocean Energy might BOEM minimize the burden of maintaining, and decommissioning. Management, Interior. this collection on the respondents, BOEM must ensure that these activities ACTION: Notice of Information including minimizing the burden are carried out in a manner that Collection; request for comment. through the use of information provides for, among other things, safety, technology? protection of the environment, and SUMMARY: In accordance with the Comments that you submit in consideration of other users of the OCS. Paperwork Reduction Act of 1995, the response to this notice are a matter of In order to execute its duties, BOEM Bureau of Ocean Energy Management public record. We will include or requires information regarding, inter (BOEM) is proposing to renew an summarize each comment in our request alia, potential purchasers of leases, information collection with revisions. to the Office of Management and Budget grants, and rights-of-way; their proposed DATES: Interested persons are invited to (OMB) for approval of this ICR. You activities; and their payments to the submit comments on or before July 11, should be aware that your entire Treasury and financial assurance. 2019. comment—including your address, BOEM uses forms to collect some ADDRESSES: Send written comments on phone number, email address, or other information to ensure proper and this information collection request (ICR) personal identifying information—may efficient administration of OCS to the Office of Management and be made publicly available at any time. renewable energy leases and grants and Budget’s Desk Officer for the In order for BOEM to withhold from to document the financial responsibility

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27357

of lessees and grantees. Forms BOEM– An agency may not conduct or edis.usitc.gov. Hearing-impaired 0002, BOEM–0003, BOEM–0004, and sponsor, and a person is not required to persons are advised that information on BOEM–0006 are used by renewable respond to, a collection of information this matter can be obtained by energy entities on the OCS to assign a unless it displays a currently valid OMB contacting the Commission’s TDD lease interest, designate an operator, and control number. terminal on (202) 205–1810. assign or relinquish a lease or grant. The authority for this action is the SUPPLEMENTARY INFORMATION: Section Form BOEM–0005 was designed to be Paperwork Reduction Act of 1995 (44 337 of the Tariff Act of 1930 provides used to document a surety’s guarantee U.S.C. 3501 et seq.). that, if the Commission finds a of the performance of the regulatory Deanna Meyer-Pietruszka, violation, it shall exclude the articles obligations of OCS lessees and grantees. Chief, Office of Policy, Regulations, and concerned from the United States: BOEM maintains the submitted forms as Analysis. unless, after considering the effect of such official lease and grant records. [FR Doc. 2019–12409 Filed 6–11–19; 8:45 am] exclusion upon the public health and Title of Collection: 30 CFR 585, welfare, competitive conditions in the United BILLING CODE 4310–MR–P Renewable Energy and Alternate Uses of States economy, the production of like or Existing Facilities on the Outer directly competitive articles in the United Continental Shelf. States, and United States consumers, it finds OMB Control Number: 1010–0176. INTERNATIONAL TRADE that such articles should not be excluded Form Number: COMMISSION from entry. • BOEM–0002, Outer Continental [Investigation No. 337–TA–1116] 19 U.S.C. 1337(d)(1). Shelf (OCS) Renewable Energy The Commission is interested in Assignment of Grant; Certain Blood Cholesterol Testing further development of the record on • BOEM–0003, Assignment of Record Strips and Associated Systems the public interest in this investigation. Title Interest in Federal OCS Renewable Containing the Same; Notice of Accordingly, members of the public are Energy Lease; Request for Submissions on the Public invited to file submissions of no more • BOEM–0004, Outer Continental Interest than five (5) pages, inclusive of Shelf (OCS) Renewable Energy Lease or attachments, concerning the public AGENCY: Grant Relinquishment Application; U.S. International Trade interest in light of the administrative • BOEM–0005, Outer Continental Commission. law judge’s recommended Shelf (OCS) Renewable Energy Lessee’s, ACTION: Notice. determination on remedy and bonding Grantee’s, and Operator’s Bond; and SUMMARY: Notice is hereby given that issued in this investigation on June 4, • BOEM–0006, Outer Continental the presiding administrative law judge 2019. Comments should address Shelf (OCS) Renewable Energy Lease or (‘‘ALJ’’) has issued a recommended whether issuance of the recommended Grant Designation of Operator. determination on remedy and bonding limited exclusion order in this Type of Review: Revision of a should a violation be found in the investigation would affect the public currently approved collection. health and welfare in the United States, Respondents/Affected Public: above-captioned investigation. The Commission is soliciting submissions competitive conditions in the United Companies interested in renewable States economy, the production of like energy-related uses on the OCS and on public interest issues raised by the recommended limited exclusion order or directly competitive articles in the holders of leases and grants under 30 United States, or United States CFR part 585. against certain blood cholesterol testing strips and associated systems containing consumers. Total Estimated Number of Annual In particular, the Commission is Responses: 265 responses. the same, manufactured and imported by respondents ACON Laboratories, interested in comments that: Total Estimated Number of Annual (i) Explain how the articles Inc., and ACON Biotech (Hangzhou) Co. Burden Hours: 18,783 hours. potentially subject to the recommended Ltd. This notice is soliciting comments Respondent’s Obligation: Mandatory limited exclusion order are used in the from the public only. Parties are to file or Required to Obtain or Retain a United States; Benefit. public interest submissions pursuant to (ii) identify any public health, safety, Frequency of Collection: On occasion 19 CFR 210.50(a)(4). or welfare concerns in the United States or annually. FOR FURTHER INFORMATION CONTACT: relating to the recommended limited Total Estimated Annual Non-hour Robert Needham, Office of the General exclusion order; Burden Cost: $3,816,000 non-hour costs. Counsel, U.S. International Trade (iii) identify like or directly The non-hour cost burdens consist of Commission, 500 E Street SW, competitive articles that complainant, service fees for BOEM document/study Washington, DC 20436, telephone (202) its licensees, or third parties make in the preparation, costs for paying a 708–5468. The public version of the United States which could replace the contractor instead of BOEM, and costs complaint can be accessed on the subject articles if they were to be for a site-specific study and report to Commission’s electronic docket (EDIS) excluded; evaluate the cause of harm to natural at https://edis.usitc.gov, and will be (iv) indicate whether complainant, resources. available for inspection during official complainant’s licensees, and/or third Estimated Reporting and business hours (8:45 a.m. to 5:15 p.m.) party suppliers have the capacity to Recordkeeping Hour Burden: The in the Office of the Secretary, U.S. replace the volume of articles estimated annual hour burden for this International Trade Commission, 500 E potentially subject to the recommended collection is 18,783 hours. In calculating Street SW, Washington, DC 20436, limited exclusion order within a the cost for the hour burdens, we telephone (202) 205–2000. General commercially reasonable time; and assumed that respondents perform information concerning the Commission (v) explain how the recommended certain requirements in the normal may also be obtained by accessing its limited exclusion order would impact course of their activities. We consider internet server (https://www.usitc.gov). consumers in the United States. some information collection activities to The public record for this investigation Written submissions must be filed no be usual and customary, and took that may be viewed on the Commission’s later than by close of business on July into account in estimating the burden. electronic docket (EDIS) at https:// 5, 2019.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27358 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Persons filing written submissions INTERNATIONAL TRADE cartridges by reason of infringement of must file the original document COMMISSION one or more asserted claims of U.S. electronically on or before the deadlines Patent Nos. 6,630,256 (‘‘the ’256 [Investigation No. 337–TA–1076] stated above and submit 8 true paper patent’’); 6,835,451 (‘‘the ’451 patent’’); copies to the Office of the Secretary by Certain Magnetic Data Storage Tapes 7,011,899 (‘‘the ’899 patent’’); 6,462,905 noon the next day pursuant to section and Cartridges Containing Same (II); (‘‘the ’905 patent’’); and 6,783,094 (‘‘the 210.4(f) of the Commission’s Rules of Commission’s Final Determination ’094 patent’’). Id. The notice of Practice and Procedure (19 CFR Finding a Violation of Section 337; investigation named Sony Corporation 210.4(f)). Submissions should refer to Issuance of a Limited Exclusion Order of Tokyo, Japan; Sony Storage Media the investigation number (‘‘Inv. No. and Cease and Desist Orders; and Solutions Corporation of Tokyo, Japan; 337–TA–1116’’) in a prominent place on Termination of the Investigation Sony Storage Media Manufacturing the cover page and/or the first page. (See Corporation of Miyagi, Japan; Sony Handbook for Electronic Filing AGENCY: U.S. International Trade DADC US Inc. (‘‘Sony DADC’’) of Terre Procedures, https://www.usitc.gov/ Commission. Haute, Indiana; and Sony Latin America secretary/fed_reg_notices/rules/ ACTION: Notice. Inc. (‘‘Sony Latin America’’) of Miami, handbook_on_electronic_filing.pdf). Florida (collectively, ‘‘Sony’’) as Persons with questions regarding filing SUMMARY: Notice is hereby given that respondents. Id. The Office of Unfair should contact the Secretary (202–205– the U.S. International Trade Import Investigations (‘‘OUII’’) was also 2000). Commission (‘‘Commission’’) has named a party to the investigation. Id. The Commission previously Any person desiring to submit a determined that there is a violation of terminated the investigation as to the document to the Commission in 19 U.S.C. 1337, as amended (‘‘Section ’094 patent and certain claims of the confidence must request confidential 337’’), in the above-captioned ’905, ’256, ’451, and ’899 patents. See treatment. All such requests should be investigation. The Commission has Comm’n Notice (Apr. 17, 2018) (aff’g directed to the Secretary to the further determined to issue a limited exclusion order and cease and desist Order No. 11); Comm’n Notice (July 9, Commission and must include a full 2018) (aff’g Order No. 17); Comm’n statement of the reasons why the orders and to set bond rates on the entered value of covered products Notice (July 27, 2018) (aff’g Order No. Commission should grant such 22). treatment. See 19 CFR 201.6. Documents imported during the period of Presidential review. On October 25, 2018, the presiding for which confidential treatment by the administrative law judge issued a FOR FURTHER INFORMATION CONTACT: Carl Commission is properly sought will be combined final initial determination P. Bretscher, Office of the General treated accordingly. All information, (‘‘ID’’) and recommended determination Counsel, U.S. International Trade including confidential business (‘‘RD’’). The ID found Sony violated Commission, 500 E Street SW, information and documents for which Section 337 by reason of infringement of Washington, DC 20436, telephone (202) confidential treatment is properly the ’256 and ’899 patents. The ID found 205–2382. Copies of non-confidential sought, submitted to the Commission for no violation with respect to the ’905 or documents filed in connection with this purposes of this Investigation may be ’451 patents. The RD recommended investigation are or will be available for disclosed to and used: (i) By the issuance of a limited exclusion order inspection during official business Commission, its employees and Offices, and cease and desist orders and set hours (8:45 a.m. to 5:15 p.m.) in the and contract personnel (a) for bond rates on the entered value of developing or maintaining the records Office of the Secretary, U.S. certain covered products. The ALJ also of this or a related proceeding, or (b) in International Trade Commission, 500 E issued an RD on the public interest internal investigations, audits, reviews, Street SW, Washington, DC 20436, pursuant to the Commission’s and evaluations relating to the telephone (202) 205–2000. General delegation of those issues in the notice programs, personnel, and operations of information concerning the Commission of investigation under Commission Rule the Commission including under 5 may also be obtained by accessing its 210.50(b)(1), 19 CFR 210.50(b)(1). See U.S.C. Appendix 3; or (ii) by U.S. internet server (https://www.usitc.gov). 82 FR at 49421. government employees and contract The public record for this investigation The parties filed their petitions for personnel,1 solely for cybersecurity may be viewed on the Commission’s review on November 9, 2018, and purposes. All nonconfidential written Electronic Docket Information System responses on November 20, 2018. On submissions will be available for public (‘‘EDIS’’) (https://edis.usitc.gov). March 15, 2019, the Commission issued inspection at the Office of the Secretary Hearing-impaired persons are advised a notice of its determination to review and on EDIS. that information on this matter can be the ID in part with respect to certain obtained by contacting the This action is taken under the findings relating to the ’256, ’899, and Commission’s TDD terminal, telephone authority of section 337 of the Tariff Act ’905 patents. The parties filed their (202) 205–1810. of 1930, as amended (19 U.S.C. 1337), initial responses to the Commission’s and in Part 210 of the Commission’s SUPPLEMENTARY INFORMATION: The questions on March 29, 2019, and their Rules of Practice and Procedure (19 CFR Commission instituted this investigation replies on April 5, 2019. part 210). on October 25, 2017, on a complaint Upon review of the parties’ filed by FUJIFILM Corporation of submissions, the ID, RD, and evidence By order of the Commission. Tokyo, Japan and FUJIFILM Recording of record, the Commission has Issued: June 7, 2019. Media U.S.A., Inc. of Bedford, determined that Sony violated Section Katherine Hiner, Massachusetts (collectively, ‘‘Fujifilm’’). 337 by reason of infringement of Supervisory Attorney. 82 FR 49421–22 (Oct. 25, 2017). The asserted claims 1–5 of the ’256 patent [FR Doc. 2019–12377 Filed 6–11–19; 8:45 am] complaint alleged violations of 19 and asserted claims 1, 7, 11, and 12 of BILLING CODE 7020–02–P U.S.C. 1337 (‘‘Section 337’’), in the the ’899 patent. The Commission found importation, sale for importation, or sale no violation with respect to the ’905 1 All contract personnel will sign appropriate in the United States after importation of patent or ’451 patent. The Commission nondisclosure agreements. certain magnetic data storage tapes and has further determined to issue a

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27359

limited exclusion order prohibiting of the final phase of its investigations. views of the Commission are contained further importation of Sony’s accused The Commission will issue a final phase in USITC Publication 4902 (June 2019), LTO–4, LTO–5, and LTO–6 tape notice of scheduling, which will be entitled Dried Tart Cherries from products and cease and desist orders published in the Federal Register. as Turkey: Investigation Nos. 701–TA–622 against Sony’s U.S. subsidiaries, Sony provided in section 207.21 of the and 731–TA–1448 (Preliminary). DADC and Sony Latin America. The Commission’s rules, upon notice from By order of the Commission. the U.S. Department of Commerce Commission has set a bond of 10.4 Issued: June 7, 2019. percent of entered value on Sony’s (‘‘Commerce’’) of affirmative Katherine Hiner, branded LTO–4 tapes, 7.9 percent of preliminary determinations in the entered value on Sony’s branded LTO– investigations under sections 703(b) or Supervisory Attorney. 6 tapes, and 16.8 percent of entered 733(b) of the Act, or, if the preliminary [FR Doc. 2019–12422 Filed 6–11–19; 8:45 am] value on Sony’s OEM LTO–6 tapes determinations are negative, upon BILLING CODE 7020–02–P imported during the period of notice of affirmative final Presidential review. The Commission determinations in those investigations has not set a bond on Sony’s LTO–5 under sections 705(a) or 735(a) of the DEPARTMENT OF JUSTICE tapes (branded and OEM) or Sony’s Act. Parties that filed entries of OEM LTO–4 tapes. appearance in the preliminary phase of Federal Bureau of Investigation The authority for the Commission’s the investigations need not enter a [OMB Number 1110–0011] determination is contained in Section separate appearance for the final phase 337 of the Tariff Act of 1930, as of the investigations. Industrial users, Agency Information Collection amended (19 U.S.C. 1337), and in Part and, if the merchandise under Activities; Proposed eCollection 210 of the Commission’s Rules of investigation is sold at the retail level, eComments Requested; Extension, Practice and Procedure (19 CFR part representative consumer organizations Without Change, of a Currently 210). have the right to appear as parties in Approved Collection Commission antidumping and By order of the Commission. countervailing duty investigations. The AGENCY: Federal Bureau of Issued: June 6, 2019. Secretary will prepare a public service Investigation, Department of Justice Lisa Barton, list containing the names and addresses Violent Criminal Apprehension Program Secretary to the Commission. of all persons, or their representatives, (ViCAP). [FR Doc. 2019–12350 Filed 6–11–19; 8:45 am] who are parties to the investigations. ACTION: 30-Day notice. BILLING CODE 7020–02–P Background SUMMARY: The Department of Justice, On April 23, 2019, the Dried Tart Federal Bureau of Investigation, Critical INTERNATIONAL TRADE Cherry Trade Committee filed petitions Incident Response Group has submitted COMMISSION with the Commission and Commerce, the following information collection alleging that an industry in the United request to the Office of Management and [Investigation Nos. 701–TA–622 and 731– States is materially injured or TA–1448 (Preliminary)] Budget (OMB) for review and clearance threatened with material injury by in accordance with established review Dried Tart Cherries From Turkey reason of subsidized imports of dried procedures of the Paperwork Reduction tart cherries from Turkey and LTFV Act of 1995. Determinations imports of dried tart cherries from DATES: The Department of Justice On the basis of the record 1 developed Turkey. Accordingly, effective April 23, encourages public comment and will in the subject investigations, the United 2019, the Commission, pursuant to accept input until July 12, 2019. States International Trade Commission sections 703(a) and 733(a) of the Act (19 U.S.C. 1671b(a) and 1673b(a)), instituted FOR FURTHER INFORMATION CONTACT: If (‘‘Commission’’) determines, pursuant countervailing duty Investigation No. you have additional comments to the Tariff Act of 1930 (‘‘the Act’’), 701–TA–622 and antidumping duty especially on the estimated public that there is a reasonable indication that Investigation No. 731–TA–1448 burden or associated response time, an industry in the United States is (Preliminary). suggestions, or need a copy of the materially injured by reason of imports Notice of the institution of the proposed information collection of dried tart cherries from Turkey, Commission’s investigations and of a instrument with instructions or provided for in subheadings 0813.40.30, public conference to be held in additional information, please contact 0813.40.90, 0813.50.00, 2006.00.20, connection therewith was given by Nathan Graham, Program Manager, 2006.00.50, and 2008.60.00 of the posting copies of the notice in the Office Federal Bureau of Investigation, Critical Harmonized Tariff Schedule of the of the Secretary, U.S. International Incident Response Group, ViCAP, FBI United States, that are alleged to be sold Trade Commission, Washington, DC, Academy, Quantico, Virginia 22135; in the United States at less than fair and by publishing the notice in the facsimile (703) 632–4239. Written value (‘‘LTFV’’) and to be subsidized by comments and/or suggestions can also 2 Federal Register of April 29, 2019 (84 the government of Turkey. FR 18084). The conference was held in be directed to the Office of Management Commencement of Final Phase Washington, DC, on May 14, 2019, and and Budget, Office of Information and Investigations all persons who requested the Regulatory Affairs, Attention opportunity were permitted to appear in Department of Justice Desk. Pursuant to section 207.18 of the person or by counsel. SUPPLEMENTARY INFORMATION: Written Commission’s rules, the Commission The Commission made these comments and suggestions from the also gives notice of the commencement determinations pursuant to sections public and affected agencies concerning 703(a) and 733(a) of the Act (19 U.S.C. the proposed collection of information 1 The record is defined in sec. 207.2(f) of the Commission’s Rules of Practice and Procedure (19 1671b(a) and 1673b(a)). It completed are encouraged. Your comments should CFR 207.2(f)). and filed its determinations in these address one or more of the following 2 84 FR 22809 (May 20, 2019). investigations on June 7, 2019. The four points:

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00129 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27360 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

➢ Evaluate whether the proposed estimated for an average respondent to Investigation, Criminal Justice collection of information is necessary respond: Of the approximately 18,000 Information Services Division, National for the proper performance of the government law enforcement agencies Instant Criminal Background Check functions of the Bureau of Justice that are eligible to submit cases, it is System Section, Module A–3, 1000 Statistics, including whether the estimated that thirty to fifty percent will Custer Hollow Road, Clarksburg, West information will have practical utility; actually submit cases to ViCAP. The Virginia 26306, or email [email protected] ➢ Evaluate the accuracy of the time burden of the respondents is less Attention: OMB PRA 1110–0043 agency’s estimate of the burden of the than 60 minutes per form. Written comments and/or suggestions proposed collection of information, 6. An estimate of the total public can also be directed to the Office of including the validity of the burden (in hours) associated with the Management and Budget, Office of methodology and assumptions used; collection: 5,000 annual burden hours. Information and Regulatory Affairs, ➢ Evaluate whether and if so how the If additional information is required Attention Department of Justice Desk quality, utility, and clarity of the contact: Melody Braswell, Department Officer, Washington, DC 20503. information to be collected can be Clearance Officer, United States Additionally, comments may be enhanced; and Department of Justice, Justice submitted via email to OIRA_ ➢ Minimize the burden of the Management Division, Policy and [email protected]. collection of information on those who Planning Staff, Two Constitution SUPPLEMENTARY INFORMATION: This are to respond, including through the Square, 145 N Street NE, 3E.405A, process is conducted in accordance with use of appropriate automated, Washington, DC 20530. 5 CFR 1320.10. Written comments and electronic, mechanical, or other Dated: June 7, 2019. suggestions from the public and affected technological collection techniques or agencies concerning the proposed other forms of information technology, Melody Braswell, collection of information are e.g., permitting electronic submission of Department Clearance Officer for PRA, U.S. encouraged. Your comments should responses. Department of Justice. [FR Doc. 2019–12414 Filed 6–11–19; 8:45 am] address one or more of the following Overview of This Information BILLING CODE 4410–02–P four points: Collection —Evaluate whether the proposed 1. Type of Information Collection: collection of information is necessary Revision of a currently approved DEPARTMENT OF JUSTICE for the proper performance of the collection. functions of the agency, including 2. The Title of the Form/Collection: Federal Bureau of Investigation whether the information will have ViCAP Case Submission Form. [OMB Number 1110–0043] practical utility; 3. The agency form number, if any, —Evaluate the accuracy of the agency’s and the applicable component of the Agency Information Collection estimate of the burden of the proposed Department sponsoring the collection: Activities; Proposed eCollection collection of information, including the The form number is FD–676. The eComments Requested; validity of the methodology and applicable component within the Reinstatement, Without Change, of a assumptions used; Department of Justice is the Federal Previously Approved Collection for —Enhance the quality, utility, and Bureau of Investigation. Which Approval Has Expired clarity of the information to be 4. Affected public who will be asked collected; and or required to respond, as well as a brief AGENCY: Department of Justice, Federal —Minimize the burden of the collection abstract: Primary: Federal, state, local, Bureau of Investigation, Criminal Justice of information on those who are to and tribal government law enforcement Information Services Division. respond, including through the use of agencies charged with the responsibility The National Instant Criminal appropriate automated, electronic, of investigating violent crimes. Abstract: Background Check System (NICS) mechanical, or other technological Established by the Department of Justice Voluntary Appeal File (VAF) Brochure collection techniques or other forms of in 1985, ViCAP serves as the national and the online application process. information technology, e.g., permitting repository for violent crimes; ACTION: 30-Day notice. electronic submission of responses. specifically; Homicides (and attempts) SUMMARY: that are known or suspected to be part The Department of Justice Overview of This Information of a series and/or are apparently (DOJ), Federal Bureau of Investigation Collection random, motiveless, or sexually (FBI), Criminal Justice Information (1) Type of Information Collection: oriented. Sexual assaults that are known Services (CJIS) Division will be Reinstatement, without change, of a or suspected to be part of a series and/ submitting the following information previously approved collection for or are committed by a stranger. Missing collection request to the Office of which approval has expired persons where the circumstances Management and Budget (OMB) for (2) Title of the Form/Collection: The indicate a strong possibility of foul play review and approval in accordance with National Instant Criminal Background and the victim is still missing. the Paperwork Reduction Act of 1995. Check System (NICS) Voluntary Appeal Unidentified human remains where the DATES: The Department of Justice File (VAF) Brochure and the online manner of death is known or suspected encourages public comment and will application process. to be homicide. Comprehensive case accept input until July 12, 2019. (3) Agency form number: 1110–0043. information submitted to ViCAP is FOR FURTHER INFORMATION CONTACT: If (4) Affected public who will be asked maintained in the ViCAP Web National you have comments, especially on the or required to respond, as well as a brief Crime Database and is automatically estimated public burden or associated abstract: Primary: Potential firearm compared to all other cases in the response time, suggestions, or need a purchasers. If a potential purchaser is databases to identify potentially related copy of the proposed information delayed or denied a firearm and cases. collection instrument with instructions successfully appeals the decision, the 5. An estimate of the total number of or additional information, please NICS Section cannot retain a record of respondents and the amount of time contact the Federal Bureau of the overturned appeal or the supporting

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27361

documentation. If the record is not able Department of Commerce (‘‘NOAA’’), Under the Agreement the United to be updated or the fingerprints are and Robert H. Muriel, Acting Director of States is providing a covenant not to file non-identical to a disqualifying record the Illinois Department of Insurance, a civil action against the Rehabilitator or used in the evaluation, the purchaser who acts as the Rehabilitator of Centaur Centaur with respect to (a) all liabilities continues to be delayed or denied, and Insurance Company (‘‘Rehabilitator’’). and obligations to DOI and NOAA if that individual appeals the decision, The Centaur Insurance Company under the LCP Policy arising pursuant the documentation/information (e.g., (‘‘Centaur’’) is an insurance company in to CERCLA at any site, (b) all liabilities fingerprint cards, court records, rehabilitation under the jurisdiction of and obligations to EPA and DOI under pardons, etc.) must be resubmitted for the Circuit Court of Cook County, the Avtex Policies arising under every subsequent purchase. The VAF Illinois County Department, Chancery CERCLA at any site, and (c) all was established per 28 CFR, Part Division. In November, 2017, the United liabilities and obligations to EPA under 25.10(g), for this reason. By this process, States filed a proof of claim (‘‘POC’’) the Sharon Steel Policy arising under applicants can voluntarily request the under Section 205 of the Illinois CERCLA at any site, whether such NICS Section maintain information Insurance Code, 215 ILSC 5/205, which liabilities and obligations are known or about themselves in the VAF to prevent provides that claims may be filed unknown, reported or unreported, and future extended delays or denials of a against insurance companies in whether currently existing or arising in firearm transfer. receivership by persons with liability the future. The covenant applies not (5) An estimate of the total number of claims against insureds covered by the only to the Rehabilitator and Centaur, respondents and the amount of time companies’ policies. The United States, but also to their respective subsidiaries, estimated for an average respondent to on behalf of EPA, filed a $500,000 claim affiliates, parent companies, successors respond: It is estimated the time it takes under a 1980 Centaur policy issued to and assigns and their respective officers, to read, complete, and upload the Sharon Steel Corporation (‘‘Sharon directors and employees. documents is 30 minutes. Travel time to Steel’’) with a limit of $500,000. The The publication of this notice opens the fingerprinting facility and post office POC alleged that Sharon Steel is liable a period for public comment on the is not factored in the time estimate. The for response costs incurred or to be Agreement. Comments should be NICS Section estimates 4,000 incurred by EPA at the Sharon Steel addressed to the Assistant Attorney respondents yearly. Superfund Site in Farrell and General, Environment and Natural (6) An estimate of the total public Hermitage, Pennsylvania, under Section burden (in hours) associated with the Resources Division, and should refer to 107 of the Comprehensive In the Matter of the Rehabilitation of collection: With 4,000 applicants Environmental Response, responding, the formula for applicant Centaur Insurance Company, No. 87 CH Compensation, and Liability Act 8615 (Ill. Circuit Ct. Cook County), D.J. burden hours would be as follows: (‘‘CERCLA’’), 42 U.S.C. 9607. The (4,000 respondents × .5 hours) = 2,000 Ref. No. 90–11–3–10462. All comments United States, on behalf of DOI and must be submitted no later than thirty hours. NOAA, filed a $1.25 million claim If additional information is required (30) days after the publication date of under a 1982 Centaur policy issued to contact: Melody Braswell, Department this notice. Comments may be LCP Chemicals & Plastics, Inc. (‘‘LCP’’), Clearance Officer, United States submitted either by email or by mail: which has a remaining policy limit of Department of Justice, Justice $1.25 million. The POC alleged that LCP To submit Management Division, Policy and Send them to: is liable under Section 107 of CERCLA comments: Planning Staff, Two Constitution for assessment costs and natural Square, 145 N Street NE, Suite 3E.405B, By email ...... pubcomment-ees.enrd@ resource damages related to hazardous Washington, DC 20530. usdoj.gov. substances that migrated from the LCP By mail ...... Assistant Attorney General, Dated: June 7, 2019. Superfund Site in Linden, New Jersey to U.S. DOJ—ENRD, P.O. Melody Braswell, Piles Creek. Finally, the United States, Box 7611, Washington, Department Clearance Officer for PRA, U.S. on behalf of EPA and DOI, filed a $10 D.C. 20044–7611. Department of Justice. million claim under two Centaur [FR Doc. 2019–12415 Filed 6–11–19; 8:45 am] policies issued in 1980 and 1981, During the public comment period, BILLING CODE 4410–02–P respectively, to Avtex Fibers, Inc. the Agreement may be examined and (‘‘Avtex Fibers’’), each with a limit of $5 downloaded at this Justice Department million. The POC alleged that Avtex website: https://www.justice.gov/enrd/ DEPARTMENT OF JUSTICE Fibers is liable under Section 107 of consent-decrees. We will provide a CERCLA with respect to response costs Notice of Lodging of Proposed paper copy of the Agreement upon incurred or to be incurred by EPA as Settlement Agreement Under the written request and payment of well as assessment costs and natural Comprehensive Environmental reproduction costs. Please mail your resource damages at the Avtex Fibers Response, Compensation, and Liability request and payment to: Consent Decree Site in Front Royal, Virginia. Act Library, U.S. DOJ—ENRD, P.O. Box Pursuant to the Agreement, the 7611, Washington, DC 20044–7611. On June 5, 2019, a proposed Rehabilitator will (a) resolve the claim Please enclose a check or money order Settlement Agreement (‘‘Agreement’’) filed under the policy issued to Sharon for $3.75 (25 cents per page was lodged with the Circuit Court of Steel by making a $500,000 payment to reproduction cost) payable to the United Cook County, Illinois in In the Matter of EPA, (b) resolve the claim filed under States Treasury. the Rehabilitation of Centaur Insurance the policy issued to LCP by making a Company, No. 87 CH 8615, entered into payment of $967,000 to NOAA and Jeffrey Sands, by the United States, on behalf of the $33,000 to DOI, and, (c) resolve the Assistant Section Chief, Environmental United States Environmental Protection claim filed under the policies issued to Enforcement Section, Environment and Agency (‘‘EPA’’), the Department of the Avtex Fibers by making a $4,330,000 Natural Resources Division. Interior (‘‘DOI’’), the National Oceanic payment to EPA and a $670,000 [FR Doc. 2019–12329 Filed 6–11–19; 8:45 am] and Atmospheric Administration of the payment to DOI. BILLING CODE 4410–15–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00131 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27362 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

DEPARTMENT OF JUSTICE 2007, 2008, 2009, 2010, and 2011 Sound The Judges will forward this Recordings Funds, which, for purposes determination to the Register of Parole Commission of this proceeding, consist of the Copyrights and the Librarian of Featured Recording Artists Subfund and Congress for review and approval. The Sunshine Act Meetings the Copyright Owners Subfund. 83 FR Librarian shall publish this 66312, 66313.1 The Judges received Determination within 60 days of the TIME AND DATE: 1:00 p.m., Wednesday, Petitions to Participate (PTP) from date of this order. This Determination June 19, 2019. David Powell, Eugene ‘‘Lambchops’’ will become final upon publication in PLACE: U.S. Parole Commission, 90 K Curry, Herman Kelly, and Alliance of the Federal Register. Street NE, 3rd Floor, Washington, DC. Artists and Recording Companies April 9, 2019. STATUS: Open. (AARC). Notice of Participants, Jesse M. Feder, MATTERS TO BE CONSIDERED: Approval of Commencement of Voluntary Chief United States Copyright Royalty September 26, 2018; reports from the Negotiation Period, and Case Judge. Chairman, the Commissioners, and Scheduling Order (Attachment A) (Feb. senior staff. 27, 2019). On February 27, 2019, the David R. Strickler United States Copyright Royalty Judge. CONTACT PERSON FOR MORE INFORMATION: Judges dismissed Mr. Powell and Mr. Jacqueline Graham, Staff Assistant to Curry from the proceeding. Order Richard C. Strasser the Chairman, U.S. Parole Commission, Granting AARC Motion to Reject David United States Copyright Royalty Judge. 90 K Street NE, 3rd Floor, Washington, Powell’s Defective Filings and The Register of Copyrights closed her DC 20530, (202) 346–7001. Dismissing David Powell and Order review of this Determination on May 13, Granting AARC Motion to Reject Eugene 2019, with no finding of legal error. Dated: June 10, 2019. Curry’s Defective Filing and Dismissing Dated: May 31, 2019. Patricia K. Cushwa, 2 Eugene Curry. Therefore, the only two Jesse M. Feder, Acting Chairperson, U.S. Parole Commission. participants remaining in the Chief United States Copyright Royalty Judge. [FR Doc. 2019–12521 Filed 6–10–19; 4:15 pm] proceeding are Mr. Kelly and AARC. Approved by: BILLING CODE 4410–31–P According to Copyright Royalty Board records, while AARC filed a claim for Carla D. Hayden, DART royalties in 2007 under the Librarian of Congress. LIBRARY OF CONGRESS Featured Recording Artists Subfund, [FR Doc. 2019–12419 Filed 6–11–19; 8:45 am] Mr. Kelly filed no claim for DART BILLING CODE 1410–72–P Copyright Royalty Board royalties for 2007. As a result, AARC is [Docket No. 2008–3 CRB DD (2007–2011 the only remaining claimant with a SRF)] valid claim for 2007 DART royalties in NATIONAL ARCHIVES AND RECORDS the Featured Recording Artists Subfund ADMINISTRATION Distribution of Digital Audio Recording of the Sound Recordings Fund. Royalty Funds Section 801(b)(3)(A) of the Copyright [NARA–19–0008; NARA–2019–029] Act states that the Judges may authorize AGENCY: Copyright Royalty Board (CRB), Records Schedules; Availability and distribution of royalty fees deposited Request for Comments Library of Congress. pursuant to Section 1005 of the ACTION: Final distribution Copyright Act if they find that the AGENCY: National Archives and Records determination. distribution is not subject to Administration (NARA). controversy. 17 U.S.C. 801(b)(3)(A). In SUMMARY: The Copyright Royalty Judges ACTION: Notice of availability of the current proceeding, AARC is the announce their final determination of proposed records schedules; request for only remaining party with a claim to the distribution of 2007 DART royalties comments. 2007 DART royalties in the Featured in the Featured Artists Subfund of the Recording Artists Subfund of the Sound SUMMARY: The National Archives and Sound Recordings Fund. Recordings Fund. Therefore, 2007 Records Administration (NARA) DATES: Applicable date: June 12, 2019. DART royalties in the Featured publishes notice of certain Federal ADDRESSES: The final distribution order Recording Artists Subfund are not in agency requests for records disposition is also published in eCRB at https:// controversy. authority (records schedules). We app.crb.gov/. The Judges therefore order that the publish notice in the Federal Register Docket: For access to the docket to remaining royalties in the 2007 DART and on regulations.gov for records read background documents, go to Featured Recording Artists Subfund of schedules in which agencies propose to eCRB, the Copyright Royalty Board’s the Sound Recordings Fund be dispose of records they no longer need electronic filing and case management distributed to AARC.3 to conduct agency business. We invite system, at https://app.crb.gov/ and public comments on such records search for docket number 2008–3 CRB 1 Pursuant to section 1006(b)(1) of the Copyright schedules. DD (2007–2011 SRF). Act, small portions of each subfund have already been distributed to representatives for nonfeatured DATES: NARA must receive comments FOR FURTHER INFORMATION CONTACT: musicians and nonfeatured vocalists and are not by July 29, 2019. Anita Blaine, CRB Program Specialist, part of this proceeding. ADDRESSES: You may submit comments 2 Mr. Curry’s motion for leave to file a late by phone at (202) 707–7658 or by email by either of the following methods. You at [email protected]. petition to participate is pending before the Judges. 3 The Judges previously ordered distribution of must cite the control number, which SUPPLEMENTARY INFORMATION: On 98% of 2007 DART funds from the Sound appears on the records schedule in December 26, 2018, the Copyright Recordings Fund to AARC and the claimants that parentheses after the name of the agency Royalty Judges (Judges) commenced a it represents. Distribution Order, Docket No. 2008– 3 CRB DD 2007 (Oct. 14, 2008) and Order Granting that submitted the schedule. proceeding to determine the distribution In Part AARC’s Supplemental Requests for Partial of the digital audio recording Distribution of 2007, 2008, and 2009 DART Sound CRB DD 2009, 2009–3 CRB DD 2008, and 2008–3 technology (DART) royalties in the Recordings Fund Royalties, Docket Nos. 2010–5 CRB DD 2007 (March 8, 2012).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27363

• Federal eRulemaking Portal: http:// approval by the Archivist of the United Tool (DDT) Qualification Programs www.regulations.gov. States. You may elect at regulations.gov (DAA–0088–2018–0003). • Mail: Records Appraisal and to receive updates on the docket, 4. Department of Health and Human Agency Assistance (ACR); National including an alert when we post the Services, Food and Drug Archives and Records Administration; Consolidated Reply, whether or not you Administration, Entry Documents 8601 Adelphi Road; College Park, MD submit a comment. You may request (DAA–0088–2018–0009). 20740–6001. additional information about the 5. Department of Health and Human FOR FURTHER INFORMATION CONTACT: disposition process through the contact Services, Office of the Secretary, List of Records Management Operations by information listed above. Excluded Individuals and Entities email at [email protected], by We will post schedules on our (DAA–0468–2019–0001). mail at the address above, or by phone website in the Records Control Schedule 6. Department of Homeland Security, at 301–837–1799. (RCS) Repository, at https:// Transportation Security Administration, www.archives.gov/records-mgmt/rcs, Federal Air Marshal Service Officers’ SUPPLEMENTARY INFORMATION: after the Archivist approves them. The Actions Case Files (DAA–0560–2019– Public Comment Procedures RCS contains all schedules approved 0002). 7. Department of Justice, Office of We are publishing notice of records since 1973. Enforcement Operations, International schedules in which agencies propose to Background Prisoner Transfer (DAA–0060–2017– dispose of records they no longer need Each year, Federal agencies create 0024). to conduct agency business. We invite billions of records. To control this 8. Federal Reserve System, Agency- public comments on these records accumulation, agency records managers wide, Human Resources Records (DAA– schedules, as required by 44 U.S.C. prepare schedules proposing retention 0082–2019–0001). 3303a(a), and list the schedules at the periods for records and submit these end of this notice by agency and schedules for NARA’s approval. Once Laurence Brewer, subdivision requesting disposition approved by NARA, records schedules Chief Records Officer for the U.S. authority. provide mandatory instructions on what Government. In addition, this notice lists the happens to records when no longer [FR Doc. 2019–12353 Filed 6–11–19; 8:45 am] organizational unit(s) accumulating the needed for current Government BILLING CODE 7515–01–P records or states that the schedule has business. The records schedules agency-wide applicability. It also authorize agencies to preserve records of provides the control number assigned to continuing value in the National NATIONAL FOUNDATION ON THE each schedule, which you will need if Archives or to destroy, after a specified ARTS AND THE HUMANITIES you submit comments on that schedule. period, records lacking continuing We have uploaded the records administrative, legal, research, or other National Endowment for the Arts schedules and accompanying appraisal value. Some schedules are Arts Advisory Panel Meetings memoranda to the regulations.gov comprehensive and cover all the records docket for this notice as ‘‘other’’ of an agency or one of its major AGENCY: National Endowment for the documents. Each records schedule subdivisions. Most schedules, however, Arts, National Foundation on the Arts contains a full description of the records cover records of only one office or and the Humanities. at the file unit level as well as their program or a few series of records. Many ACTION: Notice of meetings. proposed disposition. The appraisal of these update previously approved memorandum for the schedule includes schedules, and some include records SUMMARY: Pursuant to the Federal information about the records. proposed as permanent. Advisory Committee Act, as amended, We will post comments, including Agencies may not destroy Federal notice is hereby given that 11 meetings any personal information and records without the approval of the of the Arts Advisory Panel to the attachments, to the public docket Archivist of the United States. The National Council on the Arts will be unchanged. Because comments are Archivist grants this approval only after held by teleconference. public, you are responsible for ensuring thorough consideration of the records’ DATES: See the SUPPLEMENTARY that you do not include any confidential administrative use by the agency of INFORMATION section for individual or other information that you or a third origin, the rights of the Government and meeting times and dates. All meetings party may not wish to be publicly of private people directly affected by the are Eastern time and ending times are posted. If you want to submit a Government’s activities, and whether or approximate: comment with confidential information not the records have historical or other ADDRESSES: National Endowment for the or cannot otherwise use the value. Public review and comment on regulations.gov portal, you may contact Arts, Constitution Center, 400 7th St. these records schedules is part of the SW, Washington, DC 20506. [email protected] for Archivist’s consideration process. instructions on submitting your Schedules Pending: FOR FURTHER INFORMATION CONTACT: comment. 1. Department of Agriculture, Animal Further information with reference to We will consider all comments and Plant Health Inspection Service, these meetings can be obtained from Ms. submitted by the posted deadline and Lacey Act Declaration Information Sherry Hale, Office of Guidelines & consult as needed with the Federal System (LADIS) (DAA–0463–2019– Panel Operations, National Endowment agency seeking the disposition 0001). for the Arts, Washington, DC, 20506; authority. After considering comments, 2. Department of Commerce, Bureau [email protected], or call 202/682–5696. we will post on regulations.gov a of Industry and Security, Operating SUPPLEMENTARY INFORMATION: The ‘‘Consolidated Reply’’ summarizing the Committee (OC) Records (DAA–0476– closed portions of meetings are for the comments, responding to them, and 2019–0001). purpose of Panel review, discussion, noting any changes we have made to the 3. Department of Health and Human evaluation, and recommendations on proposed records schedule. We will Services, Food and Drug financial assistance under the National then send the schedule for final Administration, The Drug Development Foundation on the Arts and the

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27364 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Humanities Act of 1965, as amended, NATIONAL SCIENCE FOUNDATION Budget Plans including information given in 4:15 p.m.–5:00 p.m. confidence to the agency. In accordance Proposal Review Panel for Summary with the determination of the Chairman International Science and Engineering; 5:00 p.m.–6:00 p.m. of July 5, 2016, these sessions will be Notice of Meeting Executive Session/Break—Develop closed to the public pursuant to Issues for Clarification (CLOSED) In accordance with the Federal subsection (c)(6) of section 552b of title 6:15 p.m.–6:30 p.m. Advisory Committee Act (Pub. L. 92– 5, United States Code. Critical Feedback Provided to PIs & 463, as amended), the National Science Senior Investigators The Upcoming Meetings Are Foundation (NSF) announces the 7:00 p.m.–9:00 p.m. Artist Communities (review of following meeting: NSF Executive Session/Working Name and Committee Code: Proposal applications): This meeting will be Dinner (CLOSED) Review Panel for Office of International closed. Committee organizes on its own at Science and Engineering—PIRE: U.S.– Date and time: July 9, 2019; 12:00 hotel. East Africa Research and Education p.m. to 2:00 p.m. Partnership: Cassava Mosaic Disease—A July 12, 2019—Partners III, Room 202 Artist Communities (review of Paradigm for the Evolution of Insect- applications): This meeting will be 9:00 a.m.–10:00 a.m. Transmitted Plant Virus Pathosystems— closed. Summary/PI Team Response to Site Visit (10749). Critical Feedback (CLOSED) Date and time: July 9, 2019; 3:00 p.m. Date and Time: July 11, 2019; 8:00 to 5:00 p.m. 10:00 a.m.–4:00 p.m. a.m.–9:00 p.m.; July 12, 2019; 9:00 a.m.– Site Review Team Prepares Site Visit Museums (review of applications): 4:30 p.m. Report (CLOSED) This meeting will be closed. Place: North Carolina State (Working Lunch Provided) Date and time: July 9, 2019; 11:30 University, Raleigh, North Carolina 4:00 p.m.–4:30 p.m. a.m. to 1:30 p.m. 27695. Presentation of Site Visit Report to Museums (review of applications): Type of Meeting: Part Open. Principal Investigator (CLOSED) This meeting will be closed. Contact Person: Cassandra Dudka, Date and time: July 9, 2019; 2:30 p.m. Reason for Closing: Topics to be PIRE Program Manager; National discussed and evaluated during closed to 4:30 p.m. Science Foundation, 2415 Eisenhower Musical Theater (review of portions of the site review will include Avenue, Alexandria, VA 22314; information of a proprietary or applications): This meeting will be Telephone 703/292–7250. closed. confidential nature, including technical Purpose of Meeting: NSF site visit to information; and information on Date and time: July 9, 2019; 1:00 p.m. conduct a review during year 3 of the personnel. These matters are exempt to 3:00 p.m. five-year award period. To conduct an under 5 U.S.C. 552b(c), (4) and (6) of the Theater (review of applications): This in-depth evaluation of performance, to Government in the Sunshine Act. meeting will be closed. assess progress towards goals, and to Date and time: July 9, 2019; 4:00 p.m. provide recommendations. Dated: June 6, 2019. to 6:00 p.m. Agenda: PIRE Site Visit Agenda. Crystal Robinson, Museums (review of applications): Committee Management Officer. July 11, 2019—Hunt Library IEI 4105 This meeting will be closed. [FR Doc. 2019–12347 Filed 6–11–19; 8:45 am] Date and time: July 10, 2019; 11:30 8:00 a.m.–9:30 a.m. BILLING CODE 7555–01–P a.m. to 1:30 p.m. Introductions Literature Fellowships (review of PIRE Rationale and Goals applications): This meeting will be Partnerships NUCLEAR REGULATORY closed. Human Resource and Infrastructure COMMISSION Date and time: July 10, 2019; 2:00 Development p.m. to 4:00 p.m. Institutional Support [Docket Nos. 52–025 and 52–026; NRC– 2008–0252] Literature Fellowships (review of 9:30 a.m.–10:00 a.m. applications): This meeting will be Meeting with NCSU and CALS Southern Nuclear Operating Company closed. administration Inc; Vogtle Electric Generating Plant Date and time: July 11, 2019; 2:00 10:00 a.m.–10:20 a.m. Units 3 and 4 p.m. to 4:00 p.m. NSF Executive Session/Break Arts Education (review of (CLOSED) AGENCY: Nuclear Regulatory applications): This meeting will be 10:20 a.m.–12:00 p.m. Commission. closed. Research ACTION: Exemption; issuance. Date and time: July 26, 2019; 11:30 12:00 p.m.–12:30 p.m. a.m. to 1:30 p.m. NSF Executive Session (CLOSED) SUMMARY: The U.S. Nuclear Regulatory Arts Education (review of 12:30 p.m.–1:30 p.m. Commission (NRC) is issuing an applications): This meeting will be Lunch—Discussion with Trainees exemption in response to a December 6, closed. 1:30 p.m.–3:00 p.m. 2018, request from Southern Nuclear Date and time: July 26, 2019; 2:30 Training and International Experience Operating Company, Inc. (SNC), as p.m. to 4:30 p.m. Outreach applicable to Vogtle Electric Generating Integrating Research and Education Plant (VEGP) Units 3 and 4. Dated: June 7, 2019. Integrating Diversity Specifically, SNC requested an Sherry Hale, 3:00 p.m.–3:30 p.m. exemption that would modify the Staff Assistant, National Endowment for the NSF Executive Session/Break requirement for individuals who Arts. (CLOSED) construct or direct the construction of [FR Doc. 2019–12361 Filed 6–11–19; 8:45 am] 3:30 p.m.–4:15 p.m. safety- or security-related structures, BILLING CODE 7537–01–P Administration, Management, and systems, and components (SSCs) to be

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27365

subject to a fitness-for-duty (FFD) COLs, issued under part 52 of title 10 property, (3) will not endanger the program at nuclear power reactors of the Code of Federal Regulations (10 common defense and security, and (4) under construction. CFR), ‘‘Licenses, Certifications, and are in the public interest. DATES: This exemption was issued on Approvals for Nuclear Power Plants,’’ 1. The exemption is authorized by June 12, 2019. provide, among other things, that the law. ADDRESSES: Please refer to Docket ID facilities are subject to all rules, The regulation in 10 CFR 26.9 states, NRC–2008–0252 when contacting the regulations, and orders of the NRC or in part, that upon application of any NRC about the availability of the Commission now or hereafter in interested person or on its own information regarding this document. effect. The facilities consist of two initiative, the Commission may grant You may obtain publicly-available AP1000 pressurized-water reactors such exemptions from the requirements information related to this document located in Burke County, Georgia. of the regulations in 10 CFR part 26 as it determines are authorized by law. The using any of the following methods: Because the Commission has not • Federal Rulemaking Website: Go to made the finding under section NRC staff has determined that granting http://www.regulations.gov and search 52.103(g) for VEGP Units 3 and 4, 10 SNC’s proposed exemption will not for Docket ID NRC–2008–0252. Address CFR 26.3(c) requires, in part, before the result in a violation of the Atomic questions about NRC docket IDs in receipt of special nuclear material Energy Act of 1954, as amended, the Regulations.gov to Jennifer Borges; (SNM) in the form of fuel assemblies, Energy Reorganization Act of 1979, as telephone: 301–287–9127; email: that SNC comply with the requirements amended, or the Commission’s [email protected]. For technical of 10 CFR part 26, ‘‘Fitness for Duty regulations. Therefore, this exemption is authorized by law. questions, contact the individual listed Programs,’’ except for subpart I, 2. The exemption will not endanger in the FOR FURTHER INFORMATION ‘‘Managing Fatigue,’’ and, no later than the receipt of SNM in the form of fuel life or property. CONTACT section of this document. The exemption from the 10 CFR • NRC’s Agencywide Documents assemblies, that SNC implement a 10 CFR part 26 program. Section 26.4(f) of 26.4(f) requirement would allow SNC to Access and Management System construct or direct the construction of (ADAMS): You may obtain publicly- 10 CFR requires, for VEGP Units 3 and 4, that any individual who is safety- or security-related SSCs at VEGP available documents online in the Units 3 and 4 using individuals who ADAMS Public Documents collection at constructing or directing the construction of safety- or security- would not be subject to a 10 CFR part http://www.nrc.gov/reading-rm/ 26 FFD program, but who would be adams.html. To begin the search, select related SSCs shall be subject to an FFD program that meets the requirements of under direct observation of an escort. ‘‘Begin Web-based ADAMS Search.’’ For Because the exemption only enables the problems with ADAMS, please contact 10 CFR part 26, subpart K, ‘‘FFD Program for Construction.’’ escorting of construction workers, the the NRC’s Public Document Room (PDR) exemption does not, in part, change any reference staff at 1–800–397–4209, 301– II. Request/Action SSC, any existing natural or man-made 415–4737, or by email to pdr.resource@ Pursuant to 10 CFR 26.9, ‘‘Specific geological/biological feature, or other nrc.gov. The ADAMS accession number exemptions,’’ SNC requested, by letter material property on the construction for each document referenced (if it is dated December 6, 2018 (ADAMS site nor does the exemption introduce available in ADAMS) is provided the Accession No. ML18340A280), and by a any new industrial, chemical, or first time that it is mentioned in this supplement dated March 8, 2019 radiological hazard that would present document. The request for the (ADAMS Accession No. ML19067A173), itself as a latent or apparent adverse exemption was submitted by letter an exemption from the requirements of effect on life or property. The exemption dated December 6, 2018, and available 10 CFR 26.4(f), as applicable to VEGP also does not request any relaxation in in ADAMS under Accession No. Units 3 and 4. Specifically, SNC work controls, processes, quality ML18340A280. • requested an exemption that would assurance, quality verification, or the NRC’s PDR: You may examine and modify the requirement for a limited training, qualification, and personal purchase copies of public documents at number of individuals who are needed injury protections afforded to the NRC’s PDR, Room O1–F21, One for a short period of time (30 days or individuals constructing or directing the White Flint North, 11555 Rockville fewer in a 60-day period) to construct or construction of safety- or security- Pike, Rockville, Maryland 20852. direct the construction of safety- or related SSCs. FOR FURTHER INFORMATION CONTACT: security-related SSCs such that those To provide assurance that individuals Donald Habib, Office of New Reactors, individuals would be allowed to come who are escorted and construct or direct U.S. Nuclear Regulatory Commission, onsite under escort prior to the the construction of safety- or security- Washington, DC 20555–0001; telephone: establishment of an operational related SSCs only perform assigned 301–415–1035; email: Donald.Habib@ protected area or the 10 CFR 52.103(g) duties and responsibilities, SNC stated nrc.gov. finding. The exemption for VEGP Unit that the escorts will be trained, in part, SUPPLEMENTARY INFORMATION: 3 would expire when a protected area is to: Stop work if the escort identifies established for VEGP Unit 3, and the conditions that adversely affect a safety- I. Background exemption for VEGP Unit 4 would or security-related SSC; immediately Southern Nuclear Operating expire when a protected area is communicate with security if a problem Company, Inc., Georgia Power established for VEGP Unit 4. arises; maintain control of their Company, Oglethorpe Power construction workers under escort; and Corporation, MEAG Power SPVM, LLC, III. Discussion observe workers for unsafe and MEAG Power SPVJ, LLC, MEAG Power Pursuant to 10 CFR 26.9, the improper actions and for aberrant SPVP, LLC, and the City of Dalton, Commission may, upon application by behavior. The escorts will also be Georgia (collectively SNC) are the any interested person or upon its own trained in behavioral observation holders of facility Combined License initiative, grant exemptions from the techniques. SNC also stated that (COL) Nos. NFP–91 and NPF–92, which requirements of 10 CFR part 26 when construction workers who are escorted authorize the construction and the exemptions (1) are authorized by will be escorted for a limited period of operation of VEGP Units 3 and 4. The law, (2) will not endanger life or time (30 days or fewer in a 60-day

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00135 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27366 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

period) and if this SNC-proposed related SSCs or programs at the site. reasons, the exemption is in the public administrative limit will be exceeded, This occurs because, under the SNC- interest. SNC would remove the construction proposed exemption, SNC will establish 5. Environmental Considerations. worker from the escort program and procedures that will require escorts to The NRC staff determined that the place him/her in the FFD program. be trained and empowered to ensure exemption discussed herein meets the Consequently, the exemption does not that individuals performing 10 CFR eligibility criteria for the categorical endanger life or property principally 26.4(f) duties and responsibilities are exclusion set forth in 10 CFR because SNC’s proposal would not acting in accordance with SNC- 51.22(c)(25). Under 10 CFR 51.22(c)(25), result in a change that diminishes the established work processes and do not granting of an exemption from the personal safety protections provided to demonstrate characteristics of an insider requirements of any regulation of individuals on the construction site and threat. Such a threat could be an chapter I of 10 CFR is a categorical would not result in a physical or individual who possesses both intent exclusion provided that (i) there is no material condition detrimental to the and access to sensitive information or significant hazards consideration; (ii) use or value of property. This occurs SSCs, to aid or cause an attack, there is no significant change in the because the exemption is administrative condition, or theft inimical to public types or significant increase in the and SNC has stated that construction health and safety or the common amounts of any effluents that may be workers will be escorted by individuals defense and security. Accordingly, the released offsite; (iii) there is no who are subject to the FFD program, exemption will not endanger the significant increase in individual or trained, and empowered to ensure that common defense and security. cumulative public or occupational individuals performing activities that 4. The exemption is otherwise in the radiation exposure; (iv) there is no would otherwise subject them to 10 CFR public interest. significant construction impact; (v) 26.4(f) follow SNC-established work In a letter dated December 6, 2018, there is no significant increase in the processes and do not demonstrate SNC stated, in part, that requiring all potential for or consequences from physical and mental impairment that individuals who perform 10 CFR 26.4(f) radiological accidents; and (vi) the could adversely affect their ability to duties and responsibilities to be subject requirements from which an exemption safely and competently perform their to a 10 CFR part 26, subpart K, FFD is sought involve certain categories of duties. This provides assurance that program prior to the 10 CFR 52.103(g) requirements, such as administrative VEGP Units 3 and 4 will continue to be finding is costly and an unnecessary and managerial requirements. constructed, inspected, tested, accepted, burden. As supplemented by a letter As required by 10 CFR 51.22(c)(25)(i), maintained, and ultimately operated in dated March 8, 2019, SNC stated that and using the criteria set out in 10 CFR accordance with applicable the exemption would result in a 50.92(c), the NRC staff reviewed requirements by individuals who can schedule benefit because individuals whether the exemption request involves safely and competently perform would be immediately available to no significant hazards consideration. assigned duties and responsibilities. perform emergent work activities (1) Does the requested exemption Accordingly, the exemption will not ‘‘directly related to construction critical involve a significant increase in the endanger life or property. path . . . which would allow the probability or consequences of an 3. The exemption will not endanger licensee to bring the unit online earlier, accident previously evaluated? the common defense and security. resulting in reduced construction costs The proposed exemption from the The exemption from the 10 CFR . . .’’ Furthermore, SNC stated that requirements of 10 CFR 26.4(f) would 26.4(f) requirement would allow SNC to there would be a reduction in burden allow SNC to use escorted construction construct VEGP Units 3 and 4 using because the exemption would increase workers to construct or direct the individuals who are not subject to a 10 flexibility in the manner in which construction of safety- or security- CFR part 26 FFD program, but who workers can be brought onsite during related SSCs. The requested exemption would be under direct observation of an emergent construction activities. does not alter the design, function, or escort who is trained and empowered to The NRC staff finds that it is in the operation of any plant equipment. ensure that individuals performing 10 public’s interest that SNC be allowed to Therefore, granting this exemption CFR 26.4(f) duties and responsibilities escort certain individuals who direct or would not involve a significant increase follow SNC-established work processes perform 10 CFR 26.4(f) duties and in the probability or consequences of an and are not afforded unauthorized responsibilities because the SNC- accident previously evaluated. access to sensitive information. The proposed exemption has a direct nexus (2) Does the requested exemption exemption would not remove or relax to improved flexibility in construction create the possibility of a new or any requirement for the design, scheduling, work planning, and conduct different kind of accident from any construction, inspection, test, of construction activities. This occurs accident previously evaluated? acceptance, maintenance, or operation because the exemption would enable The requested exemption does not of a physical protection system which SNC to implement process and alter the design, function, or operation will have capabilities for the protection procedural changes in a manner that of any plant equipment. The requested of SNM at this fixed site and in transit leverages immediately available exemption does not create any new or any safeguards system designed to construction workers for short duration failure mechanisms, malfunctions, or protect against acts of radiological construction activities without a accident initiators. Therefore, granting sabotage, nor will the exemption relax reduction in the assurance of public this exemption does not create the the safeguarding of sensitive health and safety or the common possibility of a new or different kind of information. defense and security because of the accident from any accident previously The implementation of the SNC escort SNC-proposed administrative controls evaluated. program would not endanger the for its escort program. This flexibility (3) Does the requested exemption common defense and security could enable SNC to implement involve a significant reduction in a principally because SNC’s proposal methods to use public finances more margin of safety? would not result in a change that effectively and efficiently to construct The requested exemption does not diminishes the physical protection the facility while meeting licensing and affect an SSC, SSC design function, or plans, policies, procedures, or security regulatory requirements. For these method of performing or controlling a

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27367

design function. Construction FFD significant increase in the potential for SUMMARY: The U.S. Nuclear Regulatory requirements are not related to or used or consequences from radiological Commission (NRC) has issued an to establish the design bases of an SSC accidents [10 CFR 51.22(c)(25)(v)]. The exemption from its regulations in nor are they considered in the safety requested exemption does not alter the response to a December 18, 2018, analyses. Furthermore, the requested design, function, or operation of any request from FirstEnergy Nuclear exemption does not exceed or alter a plant equipment. There are no changes Operating Company regarding removal design basis or safety limit. Therefore, to plant radiation zones, nor any change of Capsule Y from the Beaver Valley granting this exemption does not to controls required under 10 CFR part Power Station, Unit 2, reactor vessel and involve a significant reduction in a 20 which preclude a significant increase the associated testing and report margin of safety. in occupational radiation exposure. submittal activities. As all of the responses to the above Therefore, the NRC concludes that the questions are in the negative, under 10 proposed exemption does not involve a DATES: The exemption was issued on CFR 51.22(c)(25)(i), the NRC staff has significant increase in the potential for June 5, 2019. concluded that the requested exemption or consequences from radiological involves no significant hazards ADDRESSES: Please refer to Docket ID accidents. NRC–2019–0122 when contacting the consideration. The requested exemption involves To grant the exemption, the requested employment suitability requirements NRC about the availability of exemption must not involve a related to FFD programs, as obtaining an information regarding this document. significant change in the types or FFD authorization is a prerequisite for You may obtain publicly-available significant increase in the amounts of working on or directing work on safety- information related to this document any effluents that may be released or security-related SSCs [10 CFR using any of the following methods: offsite [10 CFR 51.22(c)(25)(ii)]. The 51.22(c)(25)(vi)(E)]. • Federal Rulemaking Website: Go to requested exemption does not alter the Based on the evaluation above, the http://www.regulations.gov and search design, function, or operation of any NRC staff concludes that the exemption for Docket ID NRC–2019–0122. Address plant equipment. There are no changes meets the criteria of 10 CFR 51.22(c). questions about NRC docket IDs in to effluent types, plant radiological or Therefore, in accordance with 10 CFR Regulations.gov to Jennifer Borges; non-radiological effluent release 51.22(b), an environmental impact telephone: 301–287–9127; email: quantities, any effluent release path, or statement or environmental assessment the functionality of any design or [email protected]. For technical is not required for the NRC staff’s questions, contact the individual listed operational features credited with consideration of this exemption request. controlling the release of effluents in the FOR FURTHER INFORMATION during plant operation or construction. IV. Conclusions CONTACT section of this document. Therefore, the NRC concludes that the Accordingly, the Commission has • NRC’s Agencywide Documents proposed exemption does not involve a determined that, pursuant to 10 CFR Access and Management System significant change in the types or 26.9, the exemption is authorized by (ADAMS): You may obtain publicly- significant increase in the amounts of law, will not endanger life or property available documents online in the any effluents that may be released or the common defense and security, ADAMS Public Documents collection at offsite. and is otherwise in the public interest. http://www.nrc.gov/reading-rm/ The requested exemption must not Therefore, the Commission hereby adams.html. To begin the search, select involve a significant increase in grants SNC an exemption from 10 CFR ‘‘Begin Web-based ADAMS Search.’’ For individual or cumulative public or 26.4(f) related to the FFD program for occupational radiation exposure [10 problems with ADAMS, please contact construction for a limited number of the NRC’s Public Document Room (PDR) CFR 51.22(c)(25)(iii)]. There are no individuals who construct or direct the changes to plant radiation zones, nor reference staff at 1–800–397–4209, 301– construction of safety- or security- 415–4737, or by email to pdr.resource@ any change to controls required under related SSCs. 10 CFR part 20, ‘‘Standards for nrc.gov. For the convenience of the Protection Against Radiation,’’ which Dated at Rockville, Maryland, this 7th day reader, instructions about obtaining of June 2019. preclude a significant increase in materials referenced in this document occupational radiation exposure. For the Nuclear Regulatory Commission. are provided in the ‘‘Availability of Therefore, the NRC concludes that the Robert M. Taylor, Documents’’ section. Director, Division of Licensing, Siting, and proposed exemption does not involve a • NRC’s PDR: You may examine and significant increase in individual or Environmental Analysis, Office of New Reactors. purchase copies of public documents at cumulative public or occupational [FR Doc. 2019–12375 Filed 6–11–19; 8:45 am] the NRC’s PDR, Room O1–F21, One radiation exposure. White Flint North, 11555 Rockville To grant the exemption, the requested BILLING CODE 7590–01–P exemption must not involve a Pike, Rockville, Maryland 20852. significant construction impact [10 CFR FOR FURTHER INFORMATION CONTACT: NUCLEAR REGULATORY 51.22(c)(25)(iv)]. The requested Carleen J. Parker, Office of Nuclear COMMISSION exemption does not alter the materials Reactor Regulation, U.S. Nuclear or methods of constructing or testing of [Docket No. 50–412; NRC–2019–0122] Regulatory Commission, Washington, any SSCs. No change to the construction DC 20555–0001; telephone: 301–415– FirstEnergy Nuclear Operating of the facility is being made as a result 1603, email: [email protected]. of this exemption. Therefore, the NRC Company; Beaver Valley Power concludes that the proposed exemption Station, Unit 2 SUPPLEMENTARY INFORMATION: The text of the exemption is attached. does not involve a significant AGENCY: Nuclear Regulatory construction impact. Commission. Dated at Rockville, Maryland, this 6th day To grant the exemption, the requested ACTION: Exemption; issuance. of June 2019. exemption must not involve a

VerDate Sep<11>2014 18:23 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27368 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

For the Nuclear Regulatory Commission. requirements for Capsule Y, which Therefore, the exemption is authorized Carleen J. Parker, FENOC removed from the Beaver Valley by law. 2 reactor vessel on October 29, 2018. Project Manager, Plant Licensing Branch 1, B. The Exemption Presents No Undue Division of Operating Reactor Licensing, The licensee stated that Capsule Y will Risk to Public Health and Safety. Office of Nuclear Reactor Regulation. be disassembled, and the neutron The underlying purpose of Appendix ATTACHMENT—Exemption dosimeters will be tested within 1 year after the capsule withdrawal to ensure H to 10 CFR part 50 is to monitor NUCLEAR REGULATORY that valid dosimetry measurements can changes in the fracture toughness COMMISSION be obtained prior to excessive properties of ferritic materials in the [Docket No. 50–412] radioactive decay of the dosimeters. The reactor vessel beltline region of capsule contents will be inventoried light-water nuclear power reactors FirstEnergy Nuclear Operating which result from exposure of these Company and placed in storage so that they are retrievable for future testing if it materials to neutron irradiation and the Beaver Valley Power Station, Unit 2 becomes necessary. Mechanical testing thermal environment. This fracture toughness test data obtained from the Exemption of Capsule Y will not be performed. FENOC is requesting this exemption material surveillance program is I. Background. because Beaver Valley 2 will cease subsequently used to assess the integrity FirstEnergy Nuclear Operating power operation by October 31, 2021. of the reactor vessel, as described in 10 CFR 50.61, ‘‘Fracture Toughness Company (FENOC or the licensee) is the FENOC informed the NRC of this by Requirements for Protection Against holder of Renewed Facility Operating letter dated April 25, 2018. While the Pressurized Thermal Shock Events,’’ License No. NPF-73, which authorizes Beaver Valley 2 Renewed Facility and Appendix G, ‘‘Fracture Toughness operation of Beaver Valley Power Operating License expires on May 27, Requirements,’’ to 10 CFR part 50. As Station, Unit 2 (Beaver Valley 2). The 2047, the original 40-year license was to such, the fracture toughness data license provides, among other things, expire on May 27, 2027. The previous obtained by the Appendix H material that Beaver Valley 2 is subject to all capsule withdrawal testing and reports surveillance program serves the rules, regulations, and orders of the U.S. justify operation of the reactor vessel underlying purposes of 10 CFR 50.61 Nuclear Regulatory Commission (NRC through the end of the original 40-year and Appendix G to 10 CFR part 50. or the Commission) now or hereafter in license. Capsule Y was required to effect. The facility consists of two The underlying purpose of 10 CFR justify operation to the end of the 50.61 is to prevent potential failure of pressurized-water reactors located in renewed 60-year license. If a decision is Shippingport, Pennsylvania; however, the reactor vessel as a result of made to operate Beaver Valley 2 beyond postulated pressurized thermal shock this exemption is applicable only to October 31, 2021, FENOC stated that a Beaver Valley 2. (PTS) events (transients in revised capsule testing schedule would pressurized-water reactors causing II. Request/Action. be submitted for NRC approval prior to severe overcooling concurrent with or October 31, 2021. Appendix H, ‘‘Reactor Vessel Material followed by significant pressure in the Surveillance Program Requirements,’’ to III. Discussion. reactor vessel). The underlying purpose Title 10 of the Code of Federal of Appendix G to 10 CFR part 50 is to Regulations (10 CFR), Part 50, requires Pursuant to 10 CFR 50.12, the provide an acceptable margin of safety that licensees of commercial light-water Commission may, upon application by against brittle failure of the reactor nuclear power reactors with a peak any interested person or upon its own coolant system (RCS) during any neutron fluence exceeding 1x1017 initiative, grant exemptions from the condition of normal operation to which neutrons per centimeter-squared (n/ requirements of 10 CFR part 50, when the pressure boundary may be subjected cm2) (with energy greater than 1 million (1) the exemptions are authorized by over its service lifetime. electron volts (E > 1 MeV)) at the end law, will not present an undue risk to Appendix H to 10 CFR Part 50 of the reactor vessel design life maintain public health or safety, and are a reactor vessel material surveillance consistent with the common defense Appendix H to 10 CFR part 50 program that tests irradiated material and security; and (2) when special requires, in part, that the design of the specimens that are located in circumstances are present. surveillance program and the surveillance capsules in the reactor A. The Exemption is Authorized by withdrawal schedule meet the vessel. Beaver Valley 2 is subject to Law. requirements of American Society for these requirements, and therefore, Testing and Materials (ASTM) E185, maintains a reactor vessel surveillance This exemption would exempt Beaver ‘‘Standard Recommended Practice for program in accordance with Appendix Valley 2 from the Section IV.A of Conducting Surveillance Tests for Light- H to 10 CFR part 50. Section IV.A of Appendix H to 10 CFR part 50 required Water Cooled Reactor Vessels.’’ Prior to Appendix H to 10 CFR part 50 requires testing and the submittal of a summary receiving a renewed operating license that each surveillance specimen capsule technical report (regarding capsule on November 5, 2009, the Beaver Valley withdrawal and associated test results withdrawal and capsule test results) for 2 operating license was scheduled to must be the subject of a summary reactor vessel Capsule Y to the NRC expire at midnight May 27, 2027 (i.e., technical report that is to be submitted within 1 year of the capsule withdrawal the end of the original 40-year operating to the NRC within 1 year of the date of for Beaver Valley 2. license). By letter dated April 25, 2018, the capsule withdrawal. As stated above, 10 CFR 50.12 allows FENOC informed the NRC that Beaver By letter dated, December 18, 2018, the NRC to grant exemptions from the Valley 2 plans to cease operation by FENOC requested an exemption to the requirements of 10 CFR part 50. The October 31, 2021, which is prior to the requirements of Section IV.A of NRC staff has determined that granting expiration of the original 40-year Appendix H to 10 CFR part 50 for of the licensee’s proposed exemption operating license. Beaver Valley 2. Specifically, FENOC will not result in a violation of the As of January 2019, Beaver Valley 2 requested an exemption from the Atomic Energy Act of 1954, as amended, has withdrawn and tested a total of four Appendix H testing and report submittal or the Commission’s regulations. surveillance capsules (i.e., Capsules U,

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27369

V, W, and X). The test results from the in accordance with Appendix G to 10 previously found Beaver Valley 2’s latest surveillance capsule (i.e., Capsule CFR part 50. On October 31, 2021, the Aging Management program acceptable X) are documented in WCAP-16527-NP, date when the licensee certified that it by letter dated October 7, 2016. Thus, Revision 0, ‘‘Analysis of Capsule X from expects to permanently cease power the staff finds that the P-T limits in the FENOC Nuclear Operating Company operations, Beaver Valley 2 will have licensee’s PTLR will remain applicable Beaver Valley Unit 2 Reactor Vessel operated about 29.4 EFPY (see WCAP– (i.e., through 30 EFPY) beyond the Radiation Surveillance Program.’’ Per 17790–NP). As such, the licensee has expected plant operation of Beaver WCAP-16527-NP, Capsule X received a demonstrated that the reactor vessel Valley 2 (i.e., ~29.4 EFPY). However, if neutron fluence of 5.601 × 1019 n/cm2 beltline materials will maintain Charpy a change to the P-T limits is necessary after an irradiation time of 13.94 USE values of no less than 50 ft-lb (68 before Beaver Valley 2 expects to effective full power years (EFPY). The J) throughout the continued plant permanently cease power operations, NRC staff notes that the calculated operation of Beaver Valley 2 through the NRC staff finds that TS 5.6.4 neutron fluence (E >1.0 MeV) at the core October 31, 2021. provides the necessary administrative mid-plane for the Beaver Valley 2 controls to ensure changes will be Appendix G to 10 CFR Part 50— reactor vessel at the end of 40-years of implemented in accordance with Pressure-Temperature Limits plant operation (i.e., ∼36 EFPY) is 4.113 methodology approved in the PTLR, × 1019 n/cm2. Consistent with ASTM Appendix G to 10 CFR part 50 such that the requirements for P-T limits E185, the withdrawal of Capsule X for requires that for the reactor vessel in Appendix G to 10 CFR part 50 will a 40-year license term was completed at beltline materials, including welds, continue to be satisfied. not less than once or greater than twice plates and forgings, the values of RTNDT 10 CFR Part 50.61 the peak end-of-life vessel fluence (i.e., and Charpy upper-shelf energy must 4.113 × 1019 n/cm2). Based on the account for the effects of neutron 10 CFR 50.61 requires, in part, that for review of the capsules that have already radiation, including the results of the each pressurized-water nuclear power been withdrawn and tested for Beaver surveillance program of Appendix H to reactor, the licensee shall have projected Valley 2, the NRC staff notes that no 10 CFR part 50. Specifically, Appendix values of RTPTS for each reactor vessel additional capsules are required to G to 10 CFR part 50 requires, in part, beltline material using the end-of-life satisfy Appendix H to 10 CFR part 50 that pressure-temperature (P-T) limits be fluence for that material. Specifically, and ASTM E185 for the original 40-year established for the reactor coolant 10 CFR 50.61 establishes PTS screening license term. pressure boundary during normal criterion of 270 degrees Fahrenheit (°F) operating and hydrostatic or leak rate for plates, forgings, and axial weld Appendix G to 10 CFR Part 50—Upper testing conditions. materials, and 300 °F for circumferential Shelf Energy By letter dated July 15, 2003, the NRC weld materials. The regulations in 10 Appendix G to 10 CFR part 50 staff issued Amendment No. 138 and its CFR 50.61 also require, in part, that requires that for the reactor vessel accompanying safety evaluation for licensees consider plant-specific beltline materials, including welds, Beaver Valley 2 that permitted the information that could affect the level of plates and forgings, the values of RTNDT licensee to relocate the P-T limits from embrittlement, which includes, but is and Charpy upper-shelf energy must the technical specifications to a not limited to, the reactor vessel account for the effects of neutron licensee-controlled document called the operating temperature and any related radiation, including the results of the P-T Limits Report (PTLR), consistent surveillance program results. surveillance program of Appendix H to with the guidance in Generic Letter (GL) As documented in WCAP-16527, 10 CFR part 50. Specifically, Appendix 96–03, ‘‘Relocation of the Pressure Supplement 1, Revision 1, the RTPTS G to 10 CFR part 50 requires, in part, Temperature Limit Curves and Low values were generated for all beltline that reactor vessel beltline materials Temperature Overpressure Protections and extended beltline region materials must maintain Charpy upper-shelf System Limits.’’ In addition, of the Beaver Valley 2 reactor vessel for energy (USE) throughout the life of the administrative controls via Technical fluence values at 54 EFPY, and these vessel of no less than 50 feet/pounds (ft- Specification (TS) 6.9.6, ‘‘Reactor values were based on plant-specific lb) (68 J). Coolant System (RCS) Pressure and surveillance program results and have As documented in WCAP-16527, Temperature Limits Report (PTLR)’’ been included in the PTS evaluation. Supplement 1, Revision 1, the licensee (currently numbered as TS 5.6.4), were The NRC staff also confirmed that the used the results of the surveillance established, which provide RTPTS values for all beltline and Capsule X to determine the USE values requirements for the control of future extended beltline region materials of the for all of the vessel materials (i.e., all of changes to the plant-specific P-T limits Beaver Valley 2 reactor vessel for the beltline or extended beltline and for submittal of PTLR revisions to fluence values at 54 EFPY were less material) and that at 54 EFPY (i.e., the NRC. than the applicable screening criterion beyond the original 40-year operating The latest revision of the Beaver established in 10 CFR 50.61. Further, license) the USE values for all of the Valley 2 PTLR indicates that after the NRC staff previously reviewed this vessel materials will be maintained at considering the results from Capsule X, assessment and concluded that the no less than 50 ft-lb. In NUREG-1929, the limiting vessel material for the P-T licensee accurately calculated the RTPTS Volume 2, ‘‘Safety Evaluation Report limits is the intermediate shell plate values for all reactor vessel beltline Related to the License Renewal of B9004-1 at 30 EFPY. Based on the materials for 54 EFPY and has correctly Beaver Valley Power Station, Units 1 analysis in WCAP-17790-NP, Revision used applicable surveillance data for and 2 (NUREG-1929, Volume 2),’’ the 1, Enclosure B, ‘‘PWR Vessel Internals determining that all Beaver Valley 2 NRC staff reviewed this assessment and Program Plan for Aging Management of reactor vessel beltline materials will concluded that the licensee correctly Reactor Internals at Beaver Valley Power remain in compliance 10 CFR 50.61 used applicable surveillance data for Station Unit 2,’’ in fall 2021, the time through 54 EFPY (see NUREG-1929, determining that the Beaver Valley 2 period in which licensee certified that it Volume 2). As such, the licensee has reactor vessel beltline materials will expects to permanently cease power demonstrated that the RTPTS values for maintain Charpy USE values no less operations, Beaver Valley 2 will have all beltline and extended beltline region than 50 ft-lb (68 J) through the 54 EFPY operated 29.4 EFPY. The staff materials of the Beaver Valley 2 reactor

VerDate Sep<11>2014 18:23 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00139 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27370 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

vessel are less than the applicable the design of the surveillance program plant operation of Beaver Valley 2 screening criterion established in 10 and the withdrawal schedule meet the through October 31, 2021. CFR 50.61 through the continued plant requirements of ASTM E185. As stated Appendix G to 10 CFR Part 50— operation of Beaver Valley 2 (October above, Beaver Valley 2 has withdrawn Pressure-Temperature Limits 31, 2021). and tested a total of four surveillance capsules (i.e., Capsules U, V, W, and X), The underlying purpose of Appendix Conclusion with the test results from the latest G to 10 CFR part 50 is to provide an Based on the above, no new accident surveillance capsule (i.e., Capsule X) acceptable margin of safety against precursors are created by the proposed documented in WCAP-16527-NP, brittle failure of the RCS during any exemption; thus, the probability of Revision 0. Based on the review of the condition of normal operation to which postulated accidents is not increased. capsules that have already been the pressure boundary may be subjected Also, based on the above, the withdrawn and tested for Beaver Valley over its service lifetime. Appendix G to consequences of postulated accidents 2, the NRC staff notes that no additional 10 CFR part 50 requires, in part, that P- are not increased. No changes are being capsules are required to satisfy T limits be established for the reactor made in the types or amounts of Appendix H to 10 CFR part 50 and coolant pressure boundary during effluents that may be released offsite. ASTM E185 for the original 40-year normal operating and hydrostatic or There is no significant increase in license term. leak rate testing conditions. As stated occupational or public radiation Since the licensee plans to above, the NRC staff finds that the P-T exposure. Therefore, there is no undue permanently cease power operation of limits in the licensee’s PTLR will risk to public health and safety. Beaver Valley 2 by October 31, 2021 remain applicable (i.e., through 30 (i.e., approximately 5.5 years prior to EFPY) beyond the expected plant C. The Exemption is Consistent with the the end of the original 40-year operating operation of Beaver Valley 2 (i.e., ∼29.4 Common Defense and Security. license), the staff finds that the testing EFPY). However, if a change to the P-T The proposed exemption would and submittal of the summary report for limits is necessary prior to the expected exempt Beaver Valley 2 from the Capsule Y does not serve the underlying date in which Beaver Valley 2 ceases requirements of Section IV.A to purpose to obtain fracture toughness test operation, the NRC staff identified that Appendix H to 10 CFR part 50 for data to monitor changes in the ferritic TS 5.6.4 provides the necessary testing and the submittal of a summary materials in the reactor vessel beltline administrative controls to ensure technical report (regarding capsule region for the continued plant operation changes will be implemented in withdrawal and capsule test results) for of Beaver Valley 2 through October 31, accordance with methodology approved reactor vessel Capsule Y to the NRC 2021. in the PTLR such that the requirements within 1 year of the capsule withdrawal for P-T limits in Appendix G to 10 CFR Appendix G to 10 CFR Part 50—Upper for Beaver Valley 2, which occurred on part 50 will continue to be satisfied. Shelf Energy October 29, 2018. This change to the Since the licensee plans to testing and submittal of the summary The underlying purpose of Appendix permanently cease power operation of technical report for Capsule Y at Beaver G to 10 CFR part 50 is to provide an Beaver Valley 2 by October 31, 2021 Valley 2 does not affect physical acceptable margin of safety against (i.e., approximately 5.5 years prior to security measures at Beaver Valley 2 brittle failure of the RCS during any the end of the original 40-year operating and will not adversely affect the condition of normal operation to which license), the NRC staff finds that the licensee’s ability to physically secure the pressure boundary may be subjected testing and submittal of the summary the site or protect special nuclear over its service lifetime. Appendix G to report for Capsule Y do not serve the material. Therefore, the common 10 CFR part 50 requires, in part, that underlying purpose to provide an defense and security is not impacted by reactor vessel beltline materials must acceptable margin of safety against this exemption. maintain Charpy USE throughout the brittle failure of the RCS during any life of the vessel of no less than 50 ft- condition of normal operation as it D. Special Circumstances. lb (68 J). As stated above, NRC staff relates to P-T limits for the continued Special circumstances, in accordance confirmed that the results of plant operation of Beaver Valley 2 with 10 CFR 50.12(a)(2)(ii), are present surveillance Capsule X were used in the through October 31, 2021. whenever application of the regulation determination of the USE values for all in the particular circumstances would of the reactor vessel materials (i.e., all of 10 CFR Part 50.61 not serve the underlying purpose of the the beltline or extended beltline The regulations in 10 CFR 50.61 rule or is not necessary to achieve the material) and that at 54 EFPY (i.e., require, in part, that for each underlying purpose of the rule. The beyond the original 40-year operating pressurized-water nuclear power following paragraphs discuss how the license), the USE values for all of the reactor, the licensee shall have projected underlying purpose of Appendix H to vessel materials will meet Appendix G values of RTPTS for each reactor vessel 10 CFR part 50, 10 CFR 50.61, and to 10 CFR part 50 requirements. beltline material using the end-of-life Appendix G to 10 CFR part 50 will be Since the licensee plans to fluence for that material. As stated met under the terms of the proposed permanently cease power operation of above, the licensee has demonstrated exemption. Beaver Valley 2 by October 31, 2021 that the RTPTS values for all beltline and (i.e., approximately 5.5 years prior to extended beltline region materials of the Appendix H to 10 CFR Part 50 the end of the original 40-year operating Beaver Valley 2 reactor vessel are less The underlying purpose of Appendix license), the NRC staff finds that the than the applicable screening criterion H to 10 CFR part 50 is to require testing and submittal of the summary established in 10 CFR 50.61 through the licensees to implement a reactor vessel report for Capsule Y does not serve the continued plant operation of Beaver materials surveillance program to underlying purpose to provide an Valley 2 (October 31, 2021). monitor changes in the fracture acceptable margin of safety against Since the licensee plans to toughness properties of reactor vessel brittle failure of the RCS during any permanently cease power operation of materials adjacent to the reactor core. As condition of normal operation as it Beaver Valley 2 by October 31, 2021 such, Appendix H requires, in part, that relates to Charpy USE for continued (i.e., approximately 5.5 years prior to

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00140 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27371

the end of the original 40-year operating Therefore, there is no increase in the released offsite (i.e., satisfies the license), the NRC staff finds that the probability or consequence of any previously provisions of 10 CFR 51.22(c)(25)(ii)); testing and submittal of the summary evaluated accident. (2) would not result in a significant report for Capsule Y does not serve the 2. Does the proposed exemption create the increase in individual or cumulative underlying purpose to prevent potential possibility of a new or different kind of accident from any accident previously public or occupational radiation failure of the reactor vessel as a result evaluated? exposure (i.e., satisfies the provisions of of postulated PTS events for the Response: No 10 CFR 51.22(c)(25)(iii)); (3) would have continued plant operation of Beaver The proposed exemption does not involve no significant construction impact (i.e., Valley 2 through October 31, 2021. a physical alteration of the facility. No new satisfies the provisions of 10 CFR or different type of equipment will be Conclusion 51.22(c)(25)(iv)); and (4) would not installed, and there are no physical result in a significant increase in the Based on the above, the NRC staff modifications to existing equipment potential for or consequences from a concludes that the underlying purpose associated with the proposed exemption. radiological accident (i.e., satisfies the Similarly, the proposed exemption would of Appendix H to 10 CFR part 50 and provisions of 10 CFR 51.22(c)(25)(v)). its function to provide fracture not physically alter any SSCs involved in the toughness data for the evaluations mitigation of any accidents. Thus, no new Requirements in 10 CFR 51.22(c)(25)(i) required by Appendix G to 10 CFR part initiators or precursors of a new or different kind of accident are created. Furthermore, 50 and 10 CFR 50.61 have been The proposed exemption involves the the proposed exemption does not create the testing and reporting requirements of achieved for the original 40-year license possibility of a new accident as a result of period of Beaver Valley 2, which will the Beaver Valley 2 reactor vessel new failure modes associated with any surveillance program. Performance of permanently cease operation by October equipment or personnel failures. No changes 31, 2021 (i.e., prior to the end of the are being made to the facilities’ normal the scheduled capsule testing is a original 40-year license period). parameters or in protective or mitigative surveillance requirement, therefore action setpoints, and no new failure modes satisfying the provisions of 10 CFR E. Environmental Considerations. are being introduced. 51.22(c)(25)(vi)(C). Therefore, the proposed exemption does The NRC staff has determined that the Conclusion proposed exemption meets the not create the possibility of a new or different eligibility criteria for categorical kind of accident from any accident previously evaluated. Based on the above, the NRC staff exclusion set forth in 10 CFR 3. Does the proposed exemption involve a concludes that the proposed exemption 51.22(c)(25). Therefore, in accordance significant reduction in a margin of safety? meets the eligibility criteria for with 10 CFR 51.22(b), no environmental Response: No categorical exclusion set forth in 10 CFR impact statement or environmental The proposed exemption does not alter the 51.22(c)(25)(i) through (vi). Therefore, assessment need be prepared in design basis or any safety limits for BVPS– pursuant to 10 CFR 51.22(b), no connection with the proposed issuance 2, nor does it impact station operation or any environmental impact statement or of this exemption request. The basis for facility SSC that is relied upon for accident environmental assessment is required to the NRC staff’s determination is mitigation. be prepared in connection with the Therefore, the proposed exemption does discussed below with an evaluation proposed issuance of the exemption. against each of the requirements in 10 not involve a significant reduction in a margin of safety. CFR 51.22(c)(25). IV. Conclusion The NRC staff evaluated the issue of Requirements in 10 CFR 51.22(c)(25)(i) no significant hazards consideration Accordingly, the Commission has An evaluation of the issue of no using the standards described in 10 CFR determined that, pursuant to 10 CFR significant hazards consideration, as 50.92(c). Based on the above evaluation, 50.12, the exemption is authorized by provided by the licensee, is presented the NRC staff has determined that the law, will not present an undue risk to below: three standards of 10 CFR 50.92(c) are the public health and safety, and is satisfied. Therefore, the NRC staff consistent with the common defense 1. Does the proposed exemption involve a and security. Also, special significant increase in the probability or concludes that the proposed exemption consequence of an accident previously involves no significant hazards circumstances are present. Therefore, evaluated? consideration, and the requirements of the Commission hereby grants FENOC a Response: No 10 CFR 51.22(c)(9)(i) are met. permanent exemption from Section IV.A The proposed exemption has no effect on of Appendix H to 10 CFR part 50 for facility structures, systems, and components Requirements in 10 CFR 51.22(c)(25)(ii) testing and the submittal of a summary (SSCs), the capability of any facility SSC to through (v) technical report (regarding capsule perform its design function, or plant The proposed exemption from testing withdrawal and capsule test results) for operations, and, therefore, would not reactor vessel Capsule Y to the NRC increase the likelihood of a malfunction of and the associated report submittal any facility SSC or increase the consequences activities for the Beaver Valley 2 reactor within 1 year of the capsule withdrawal of previously evaluated accidents. The vessel Capsule Y does not involve any for Beaver Valley 2. proposed exemption does not alter any physical plant modifications and would V. Availability of Documents assumptions or methodology associated with not alter operation of any plant systems. the previously evaluated accidents in the As such, the NRC staff concludes that The documents identified in the BVPS [Beaver Valley Power Station] Updated Final Safety Analysis Report. The proposed granting the proposed exemption: (1) following table are available to exemption will not affect the probability of would not result in a significant change interested persons through the NRC’s occurrence of any previously analyzed in the types or significant increase in Agencywide Documents Access and accident. the amounts of any effluents that may be Management System (ADAMS).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00141 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27372 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

ADAMS Title Date accession No.

FENOC letter to the NRC, Request for Exemption from Specific Provisions in Appendix H to 10 CFR 12/18/2018 ML18352A684 Part 50. FENOC letter to the NRC, Certification of Permanent Cessation of Power Operations for Beaver Valley 4/25/2018 ML18115A007 Power Station, Unit Nos. 1 and 2; Davis-Besse Nuclear Power Station, Unit No.1; and Perry Nuclear Power Plant, Unit No. 1. NRC letter to FENOC, Issuance of Renewed Facility Operating License No. NPF-73 for the Beaver Val- 11/5/2009 ML092920015 * ley Power Station, Unit 2 (TAC No. MD6593). WCAP-16527-NP, Revision 0, Analysis of Capsule X from FENOC Nuclear Operating Company Beaver 3/2006 ML061020406 Valley Unit 2 Reactor Vessel Radiation Surveillance Program. WCAP-16527-NP, Supplement 1, Revision 1, Enclosure C, Analysis of Capsule X from FENOC Nuclear 9/2011 ML13151A060 Operating Company Beaver Valley Unit 2 Reactor Vessel Radiation Surveillance Program. NUREG-1929, Volume 2, Safety Evaluation Report Related to the License Renewal of Beaver Valley 10/2009 ML093000278 Power Station, Units 1 and 2. NRC letter to FENOC, Beaver Valley Power Station, Unit Nos. 1 and 2—Issuance of Amendment Re: 7/15/2003 ML031960399 Creation of Pressure-Temperature Limits Report (TAC Nos. MB3319 and MB3320). FENOC letter to the NRC, Beaver Valley Power Station, Unit Nos. 1 and 22—Pressure and Tempera- 5/12/2014 ML14133A107 ture Limits Reports and Unit 2, Cycle 18, Core Operating Limits Report. WCAP-17790-NP, Revision 1, Enclosure B, PWR Vessel Internals Program Plan for Aging Management 1/27/2014 ML14030A135 of Reactor Internals at Beaver Valley Power Station Unit 2. NRC letter to FENOC, Beaver Valley Power Station, Unit Nos. 1 and 2—Staff Assessment of the Reac- 10/7/2016 ML15363A383 tor Vessel Internals Aging Management Program Plans (CAC Nos. MF3416 and MF3417). * (Package).

Dated at Rockville, Maryland, this 5th day Federal Rulemaking Portal: http:// 3. Enhance the quality, utility, and of June 2019. www.regulations.gov. Follow the clarity of the information to be For the Nuclear Regulatory Commission. instructions for submitting comments. collected; and /RA/ All submissions received must 4. Minimize the burden of the Craig G. Erlanger, include the agency name and docket collection of information on those who are to respond, including through the Director, Division of Operating Reactor number for this document. The general Licensing, Office of Nuclear Reactor policy for comments and other use of appropriate automated, Regulation. submissions from members of the public electronic, mechanical, or other [FR Doc. 2019–12324 Filed 6–11–19; 8:45 am] is to make these submissions available technological collection techniques or other forms of information technology, BILLING CODE 7590–01–P for public viewing at http:// www.regulations.gov as they are e.g., permitting electronic submissions received without change, including any of responses. personal identifiers or contact The Questionnaire for National OFFICE OF PERSONNEL information. Security Positions, Standard Form 86 MANAGEMENT (SF 86) is completed by civilian FOR FURTHER INFORMATION CONTACT: A employees of the Federal Government, Submission for Renewal of a copy of this ICR, with applicable military personnel, and non-federal Previously Approved Information supporting documentation, may be employees, including general Collection: Questionnaire for National obtained by contacting the National contractors and individuals otherwise Security Positions, Standard Form 86 Background Investigations Bureau, U.S. not directly employed by the Federal (SF 86) Office of Personnel Management, 1900 E Government but who perform work for Street NW, Washington, DC 20415, or on behalf of the Federal Government. AGENCY: Office of Personnel Attention: Donna McLeod or sent by For applicants for civilian Federal Management. email to [email protected]. employment, the SF 86 is to be used ACTION: 60-Day notice and request for SUPPLEMENTARY INFORMATION: OPM is only after a conditional offer of comments. soliciting comments for this collection employment has been made. The as required by the Paperwork Reduction Electronic Questionnaires for SUMMARY: In accordance with the Act of 1995, 44 U.S.C. 3506(c)(2). The Investigations Processing (e-QIP) is a Paperwork Reduction Act of 1995, the Office of Management and Budget is web-based system application that National Background Investigations particularly interested in comments houses the SF 86. A variable in Bureau (NBIB), Office of Personnel that: assessing burden hours is the nature of Management (OPM) proposes to request the electronic application. The 1. Evaluate whether the proposed the Office of Management and Budget electronic application includes collection of information is necessary (OMB) to renew a previously-approved branching questions and instructions for the proper performance of the information collection, Questionnaire which provide for a tailored collection functions of the agency, including for National Security Positions, from the respondent based on varying whether the information will have Standard Form 86 (SF 86). factors in the respondent’s personal practical utility; history. The burden on the respondent DATES: Comments are encouraged and 2. Evaluate the accuracy of the is reduced when the respondent’s will be accepted until August 12, 2019. agency’s estimate of the burden of the personal history is not relevant to ADDRESS: You may submit comments, proposed collection of information, particular question, since the question identified by docket number and title, including the validity of the branches, or expands for additional by the following method: methodology and assumptions used; details, only for those persons who have

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00142 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27373

pertinent information to provide the person identified in the FOR FURTHER deadline(s) for each request appear in regarding that line of questioning. INFORMATION CONTACT section by section II. Accordingly, the burden on the telephone for advice on filing II. Docketed Proceeding(s) respondent will vary depending on alternatives. whether the information collection 1. Docket No(s).: CP2019–164; Filing FOR FURTHER INFORMATION CONTACT: relates to the respondent’s personal Title: Notice of the United States Postal David A. Trissell, General Counsel, at history. Service of Filing a Functionally 202–789–6820. OPM recommends renewal of the Equivalent Global Plus 1E Negotiated form without any proposed changes at SUPPLEMENTARY INFORMATION: Service Agreement and Application for this time. This recommendation is due Table of Contents Non-Public Treatment of Materials Filed to the current development of a new Under Seal; Filing Acceptance Date: policy framework associated with I. Introduction June 6, 2019; Filing Authority: 39 CFR Security, Suitability, and Credentialing II. Docketed Proceeding(s) 3015.5; Public Representative: Gregory missions, through the Performance I. Introduction S. Stanton; Comments Due: June 14, Accountability Council led Trusted 2019. The Commission gives notice that the Workforce 2.0 effort. OPM will consider 2. Docket No(s).: MC2019–148 and Postal Service filed request(s) for the any potential modifications as the work CP2019–165; Filing Title: USPS Request Commission to consider matters related nears completion with this effort. to Add First-Class Package Service to negotiated service agreement(s). The Ongoing assessments will occur to Contract 99 to Competitive Product List request(s) may propose the addition or ensure the SF 86 reflects and collects and Notice of Filing Materials Under removal of a negotiated service pertinent information for the revised Seal; Filing Acceptance Date: June 6, agreement from the market dominant or investigative process and aligns with 2019; Filing Authority: 39 U.S.C. 3642, the competitive product list, or the governing policies, rules, and 39 CFR 3020.30 et seq., and 39 CFR modification of an existing product regulations requiring use of this form. 3015.5; Public Representative: currently appearing on the market Christopher C. Mohr; Comments Due: Analysis dominant or the competitive product June 14, 2019. Agency: NBIB, U.S. Office of list. This Notice will be published in the Personnel Management. Section II identifies the docket Federal Register. number(s) associated with each Postal Title: Questionnaire for National Stacy L. Ruble, Security Positions, Standard Form 86 Service request, the title of each Postal Secretary. (SF 86). Service request, the request’s acceptance OMB Number: 3206–0005. date, and the authority cited by the [FR Doc. 2019–12364 Filed 6–11–19; 8:45 am] Affected Public: Individuals. Postal Service for each request. For each BILLING CODE 7710–FW–P Number of Respondents: 470,124. request, the Commission appoints an Estimated Time per Respondent: 150 officer of the Commission to represent minutes. the interests of the general public in the POSTAL SERVICE Total Burden Hours: 1,175,310. proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also Product Change—First-Class Package Office of Personnel Management. establishes comment deadline(s) Service Negotiated Service Agreement Alexys Stanley, pertaining to each request. AGENCY: Postal ServiceTM. Regulatory Affairs Analyst. The public portions of the Postal ACTION: Notice. [FR Doc. 2019–12362 Filed 6–11–19; 8:45 am] Service’s request(s) can be accessed via BILLING CODE 6325–53–P the Commission’s website (http:// SUMMARY: The Postal Service gives www.prc.gov). Non-public portions of notice of filing a request with the Postal the Postal Service’s request(s), if any, Regulatory Commission to add a POSTAL REGULATORY COMMISSION can be accessed through compliance domestic shipping services contract to with the requirements of 39 CFR the list of Negotiated Service [Docket Nos. CP2019–164; MC2019–148 and 3007.301.1 CP2019–165] Agreements in the Mail Classification The Commission invites comments on Schedule’s Competitive Products List. New Postal Products whether the Postal Service’s request(s) DATES: Date of required notice: June 12, in the captioned docket(s) are consistent 2019. AGENCY: Postal Regulatory Commission. with the policies of title 39. For FOR FURTHER INFORMATION CONTACT: request(s) that the Postal Service states ACTION: Notice. Elizabeth Reed, 202–268–3179. concern market dominant product(s), SUMMARY: The Commission is noticing a SUPPLEMENTARY INFORMATION: The applicable statutory and regulatory ® recent Postal Service filing for the requirements include 39 U.S.C. 3622, 39 United States Postal Service hereby Commission’s consideration concerning U.S.C. 3642, 39 CFR part 3010, and 39 gives notice that, pursuant to 39 U.S.C. negotiated service agreements. This CFR part 3020, subpart B. For request(s) 3642 and 3632(b)(3), on June 6, 2019, it notice informs the public of the filing, that the Postal Service states concern filed with the Postal Regulatory invites public comment, and takes other competitive product(s), applicable Commission a USPS Request to Add administrative steps. statutory and regulatory requirements First-Class Package Service Contract 99 DATES: Comments are due: June 14, include 39 U.S.C. 3632, 39 U.S.C. 3633, to Competitive Product List. Documents 2019. 39 U.S.C. 3642, 39 CFR part 3015, and are available at www.prc.gov, Docket 39 CFR part 3020, subpart B. Comment Nos. MC2019–148, CP2019–165. ADDRESSES: Submit comments electronically via the Commission’s Elizabeth Reed, 1 See Docket No. RM2018–3, Order Adopting Attorney, Corporate and Postal Business Law. Filing Online system at http:// Final Rules Relating to Non-Public Information, www.prc.gov. Those who cannot submit June 27, 2018, Attachment A at 19–22 (Order No. [FR Doc. 2019–12338 Filed 6–11–19; 8:45 am] comments electronically should contact 4679). BILLING CODE 7710–12–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00143 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27374 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

SECURITIES AND EXCHANGE the principal office of the Exchange, and Rule 1093(a). While Phlx offers a FIND COMMISSION at the Commission’s Public Reference and SRCH routing strategy, BX offers a Room. SEEK and SRCH 5 routing strategy.6 In [Release No. 34–85946; File No. SR– addition, Phlx’s All-or-None 7 Order NYSEArca–2019–04] II. Self-Regulatory Organization’s type differs from BX. The BX BBO is Statement of the Purpose of, and Self-Regulatory Organizations; NYSE representative of the displayed orders Statutory Basis for, the Proposed Rule on the BX Order Book. Finally, BX Arca, Inc.; Order Instituting Change Proceedings To Determine Whether To defines a Public Customer at Chapter I, In its filing with the Commission, the Section 1(a)(50), while Phlx defines Approve or Disapprove a Proposed 8 Rule Change To Amend NYSE Arca Exchange included statements Public Customer within Rule 1093(a). The Exchange proposes a new second Rule 5.2–E(j)(3) and To Adopt Generic concerning the purpose of and basis for paragraph at BX Chapter VI, Section Listing Standards for Investment the proposed rule change and discussed 11(a).9 This paragraph does not conform Company Units Based on an Index or any comments it received on the to Phlx Rule 1093. The proposed rule Portfolio of Municipal Securities proposed rule change. The text of these statements may be examined at the Correction places specified in Item IV below. The no other contingencies. Immediate or Cancel Exchange has prepared summaries, set (‘‘IOC’’) Orders will be cancelled immediately if not In notice document 2019–11446 executed, and will not be routed. The System forth in sections A, B, and C below, of beginning on page 25599 in the issue of checks the Order Book for available contracts for the most significant aspects of such potential execution against the SEEK or SRCH Monday, June 3, 2019, make the statements. Orders. After the System checks the Order Book for following correction: available contracts, orders are sent to other On page 25602, in the third column, A. Self-Regulatory Organization’s available market centers for potential execution. in the second paragraph, in the last line Statement of the Purpose of, and When checking the Order Book, the System will seek to execute at the price at which it would send ‘‘June 24, 2019’’ should read ‘‘July 8, Statutory Basis for, the Proposed Rule the order to an away market. For purposes of this 2019’’. Change rule, a Route Timer shall not exceed one second [FR Doc. C1–2019–11446 Filed 6–11–19; 8:45 am] and shall begin at the time orders are accepted into 1. Purpose the System, and the System will consider whether BILLING CODE 1301–00–D The Exchange proposes to amend BX an order can be routed at the conclusion of each Route Timer. Finally, for purposes of this rule, Chapter VI, Section 11, titled ‘‘Order ‘‘exposure’’ or ‘‘exposing’’ an order shall mean a SECURITIES AND EXCHANGE Routing’’ to conform the rule text of notification sent to participants with the price, size, COMMISSION BX’s Chapter VI, Section 11, where and side of interest that is available for execution. applicable, to Phlx Rule 1093 where the Exposure notifications will be sent to participants in accordance with the routing procedures [Release No. 34–86060; File No. SR–BX– routing behavior is identical. Further 2019–017] described in Section 11(c)(ii) below except if an the Exchange is amending BX Chapter incoming order is joining an already established VI, Section 11 to add more clarity and BBO price when the ABBO is locked or crossed Self-Regulatory Organizations; Nasdaq correct the current Rule. The proposed with the BBO, in which case such order will join BX, Inc.; Notice of Filing and the established BBO price and no exposure changes will be discussed below in Immediate Effectiveness of Proposed notification will be sent. An order exposure will be greater detail. sent if the order size is modified. For purposes of Rule Change To Amend the Order this rule BX’s opening process is governed by Routing Rule in BX Chapter VI, Section Universal Change Chapter VI, Section 8 and includes an opening after 11 The Exchange proposes to amend the a trading halt (‘‘Opening Process’’).’’ 5 The SRCH routing functionalities for Phlx and June 6, 2019. term ‘‘BX Options’’ to simply state BX are different and therefore are not being Pursuant to Section 19(b)(1) of the ‘‘Exchange’’ throughout this rule. conformed. Securities Exchange Act of 1934 6 BX does not have a FIND routing strategy Chapter VI, Section 11(a) similar to Phlx. 1 2 (‘‘Act’’), and Rule 19b–4 thereunder, 7See Phlx Rule 1078. Phlx’s All-or-None Order is notice is hereby given that on May 29, Nasdaq Phlx LLC recently amended its routing rule.3 As stated above, BX non-displayed. This order type could cause Phlx’s 2019, Nasdaq BX, Inc. (‘‘BX’’ or Order Book to differ from the displayed PBBO. BX ‘‘Exchange’’) filed with the Securities proposes to conform the rule text of BX has no such non-displayed order type. and Exchange Commission (‘‘SEC’’ or Chapter VI, Section 11, where 8 BX Section 1(a)(50) provides, ‘‘The term ‘‘Public Customer’’ means a person that is not a broker or ‘‘Commission’’) the proposed rule applicable, to Phlx Rule 1093 where the routing behavior is identical. The dealer in securities and is not a professional as change as described in Items I and II defined within BX Rule at Chapter I, Section below, which Items have been prepared Exchange notes that the amendments to 1(a)(49).’’ by the Exchange. The Commission is BX Chapter VI, Section 11 reflect the 9 The second paragraph of proposed BX Chapter current operation of the System. The VI, Section 11(a) would provide, ‘‘Routing options publishing this notice to solicit may be combined with all available order types and comments on the proposed rule change purpose of the amendment is to align the rule to the specific operation of the times-in-force, with the exception of order types from interested persons. and times-in-force whose terms are inconsistent routing functionality on BX. with the terms of a particular routing option. The I. Self-Regulatory Organization’s The Exchange proposes to provide term ‘‘System routing table’’ refers to the Statement of the Terms of Substance of rule text within paragraph (a) to BX proprietary process for determining the specific the Proposed Rule Change 4 trading venues to which the System routes orders Chapter VI, Section 11 similar to Phlx and the order in which it routes them. The The Exchange proposes to amend Exchange reserves the right to maintain a different 3 Chapter VI, Section 11, titled ‘‘Order See Securities Exchange Act Release No. 85519 System routing table for different routing options (April 5, 2019), 70 FR 14686 (April 11, 2019) (SR– and to modify the System routing table at any time Routing’’. Phlx–2019–07). without notice. The order routing process shall be The text of the proposed rule change 4 Proposed BX Chapter VI, Section 11(a) would available to Participants from 9:30 a.m. Eastern is available on the Exchange’s website at provide, ‘‘BX offers two routing strategies, SEEK Time until market close and shall route orders as http://nasdaqbx.cchwallstreet.com/, at and SRCH. Each of these routing strategies will be described below. Participants can designate orders explained in more detail below. An order may in as either available for routing or not available for the alternative be marked Do Not Route or ‘‘DNR’’. routing. All routing of orders shall comply with 1 15 U.S.C. 78s(b)(1). The Exchange notes that for purposes of this rule Chapter XII, Options Order Protection and Locked 2 17 CFR 240.19b–4. the System will route SEEK and SRCH Orders with and Crossed Market Rules.’’

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27375

text currently exists within the BX rule Current BX Chapter VI, Section Section 11(g), ‘‘Cancellation of Orders and is being amended and relocated as 11(d) 14 is proposed to be relocated to and Error Account’’ is being re-lettered described herein. The first sentence of proposed BX Chapter VI, Section from ‘‘g’’ to ‘‘b’’ with no changes to the current BX Chapter VI, Section 11(a) 10 11(a)(ii) with some minor non- rule text. substantive changes. is being amended and relocated to DNR Orders proposed BX Chapter VI, Section 11(a). The Exchange proposes to relocate BX 15 16 The current sentence provides, ‘‘For Chapter VI, Section 11(e) and (f) to The Exchange proposes to add a new 17 System securities, the order routing proposed BX Chapter VI, Section BX Chapter VI, Section 11(a)(iii) with process shall be available to Participants 11(a)(ii)(A)–(F). Current Chapter VI, the following text, ‘‘The following order types are available:’’. The Exchange from 9:30 a.m. Eastern Time until 14 Current BX Chapter VI, Section 11(d) provides, proposes to relocate and amend current market close and shall route orders as ‘‘Options Participants whose orders are routed to BX Chapter VI, Section 11(a)(1)(C) 18 to described below.’’ The amendment to away markets shall be obligated to honor such the rule text is not substantive. The trades that are executed on away markets to the same extent they would be obligated to honor a 17 Proposed BX Chapter VI, Section 11(a)(iii) Exchange proposes to relocate the trade executed on BX Options.’’ provides, ‘‘DNR Order. A DNR Order will never be remainder of current BX Chapter VI, 15 Current BX Chapter VI, Section 11(e) provides, routed outside of BX regardless of the prices Section 11(a) to the first sentence of the ‘‘BX Options shall route orders in options via displayed by away markets. A DNR Order may execute on the Exchange at a price equal to or better second paragraph of proposed BX Nasdaq Execution Services, LLC (‘‘NES’’), a broker- dealer that is a member of an unaffiliated SRO than, but not inferior to, the best away market price Chapter VI, Section 11(a). Finally, the which is the designated examining authority for the but, if that best away market remains, the DNR Exchange proposes to relocate current broker-dealer. NES serves as the Routing Facility of Order will remain in the BX Order Book and be BX Chapter VI, Section 11(a)(1) 11 to the BX Options. The sole function of the Routing displayed at a price one minimum price variation Facility will be to route orders in options listed and (‘‘MPV’’) inferior to that away best bid/offer. If the second paragraph of proposed Chapter open for trading on BX Options to away markets DNR Order is locking or crossing the ABBO, the VI, Section 11(a). either directly or through one or more third-party DNR Order shall be entered into the Order Book at unaffiliated routing broker-dealers pursuant to BX the ABBO price and displayed one MPV away from Proposed BX Chapter VI, Section Options rules on behalf of BX Options. The the ABBO. The Exchange shall immediately expose 11(a)(i) 12 is being relocated from Exchange and NES may not use a routing broker for the order at the ABBO to participants, provided the current BX Chapter VI, Section 11(c) 13 which the Exchange or any affiliate of the Exchange option series has opened for trading. Any incoming with some minor non-substantive is the designated examining authority. The Routing order interacting with such a resting DNR Order Facility is subject to regulation as a facility of BX, will execute at the ABBO price, unless the ABBO changes to the rule text to conform the including the requirement to file proposed rule is improved to a price which crosses the DNR’s paragraph to Phlx Rule 1093(a)(i). changes under Section 19 of the Act. displayed price, in which case the incoming order Use of NES to route orders to other market centers will execute at the previous ABBO price. Should is optional. Parties that do not desire to use NES the best away market change its price to an inferior 10 Current BX Chapter VI, Section 11(a) provides, must designate orders as not available for routing. price level, the DNR Order will automatically re- ‘‘For System securities, the order routing process price from its one MPV inferior to the original away shall be available to Participants from 9:30 a.m. The Exchange will determine the logic that provides when, how, and where orders are routed best bid/offer price to one minimum trading Eastern Time until market close and shall route away to other exchanges. Except as provided in increment away from the new away best bid/offer orders as described below. Participants can subparagraph (f) below, the routing broker(s) cannot price or its original limit price, and expose such designate orders as either available for routing or change the terms of an order or the routing orders at the ABBO to participants only if the re- not available for routing. All routing of orders shall instructions, nor does the routing broker have any priced order locks or crosses the ABBO. Once comply with Chapter XII, Options Order Protection discretion about where to route an order. priced at its original limit price, it will remain at and Locked and Crossed Market Rules.’’ BX Options shall establish and maintain that price until executed or cancelled. Should the 11 Current BX Chapter VI, Section 11(a)(1) procedures and internal controls reasonably best away market improve its price such that it provides, ‘‘The system provides a number of routing designed to adequately restrict the flow of locks or crosses the DNR Order limit price, the options pursuant to which orders are sent to other confidential and proprietary information between Exchange will execute the resulting incoming order available market centers for potential execution, per the Exchange and its facilities (including the that is routed from the away market that locked or the entering firm’s instructions. Routing options Routing Facility), and any other entity; or, where crossed the DNR Order limit price. may be combined with all available order types and there is a routing broker, the Exchange, the Routing 18 Current BX Chapter VI, Section 11(a)(1)(C) times-in-force, with the exception of order types Facility and any routing broker, and any other provides, ‘‘DNR Order. A DNR order will never be and times-inforce whose terms are inconsistent entity, including any affiliate of the routing broker routed outside of the Exchange regardless of the with the terms of a particular routing option. The (and if the routing broker or any of its affiliates prices displayed by away markets. A DNR order term ‘‘System routing table’’ refers to the engages in any other business activities other than may execute on the Exchange at a price equal to or proprietary process for determining the specific providing routing services to the Exchange, between better than, but not inferior to, the best away market trading venues to which the System routes orders the segment of the routing broker or affiliate that price but, if that best away market remains, the DNR and the order in which it routes them. The provides the other business activities and the order will remain in the Exchange book and be Exchange reserves the right to maintain a different segment of the routing broker that provides the displayed at the better of a price one minimum System routing table for different routing options routing services). price variation away from that ABBO or the and to modify the System routing table at any time The books, records, premises, officers, directors, established Exchange BBO. A DNR order remaining without notice.’’ The Exchange notes that this agents, and employees of the Routing Facility, as a on the book after the opening process or received partial sentence is being deleted as unnecessary facility of the Exchange, shall be deemed to be the during open trading that is marketable against the ‘‘The system routing options are:’’ books, records, premises, officers, directors, agents, ABBO when the ABBO is better than the Exchange 12 Current BX Chapter VI, Section 11(b) is and employees of the Exchange for purposes of and BBO will be exposed at the NBBO to market reserved and is being deleted. subject to oversight pursuant to the Exchange Act. participants. Any incoming order interacting with 13 Current BX Chapter VI, Section 11(c) provides, The books and records of the Routing Facility, as such a resting DNR order will receive the best away ‘‘Priority of Routed Orders. Orders sent by the a facility of the Exchange, shall be subject at all market price. Should the best away market change System to other markets do not retain time priority times to inspection and copying by the Exchange its price, or move to an inferior price level, the DNR with respect to other orders in the System and the and the Commission.’’ order will automatically re-price from its one System shall continue to execute other orders while 16 Current BX Chapter VI, Section 11(f) provides, minimum price variation away from the original routed orders are away at another market center. ‘‘Market Access. In addition to the Exchange Rules away best bid/offer price to one minimum trading Once routed by the System, an order becomes regarding routing to away trading centers, NES has, increment away from the new away best bid/offer subject to the rules and procedures of the pursuant to Rule 15c3–5 under the Act, price or its original limit price, and expose such destination market including, but not limited to, implemented certain tests designed to mitigate risks orders at the NBBO to market participants only if order cancellation. A routed order can be for less associated with providing the Exchange’s Members the re-priced order locks or crosses the ABBO and than the original incoming order’s size. If a routed with access to such away trading centers. Pursuant is not already displayed at its limit price. Should order is subsequently returned, in whole or in part, to the policies and procedures developed by NES the best away market improve its price such that it that routed order, or its remainder, shall receive a to comply with Rule 15c3–5, if an order or series locks or crosses the DNR order limit price, the new time stamp reflecting the time of its return to of orders are deemed to be violative of applicable Exchange will execute the resulting incoming order the System, unless any portion of the original order pre-trade requirements under Rule 15c3–5, the that is routed from the away market that locked or remains on the System, in which case the routed order will be rejected prior to routing and/or NES crossed the DNR order limit price. An order order shall retain its timestamp and its priority.’’ will seek to cancel the order if it has been routed.’’ Continued

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27376 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

proposed BX Chapter VI, Section Through and Locked and Crossed order locks or crosses the ABBO and is 11(a)(iii) with some amendments. This Markets restrictions.20 This proposed not already displayed at its limit price.’’ proposed rule text is identical to Phlx new sentence will add greater The Exchange proposes to state within Rule 1093(a)(iii)(A). transparency as to the manner in which proposed BX Chapter VI, Section The Exchange proposes to amend the the Exchange handles locked and cross 11(a)(iii)(A), ‘‘Should the best away second and third sentence of current BX orders today and re-prices those orders. market change its price to an inferior Chapter VI, Section 11(a)(1)(C), which The Exchange proposes to remove the price level, the DNR Order will states, current sentence within current BX automatically re-price from its one MPV A DNR order may execute on the Exchange Chapter VI, Section 11(a)(1)(C), which inferior to the original away best bid/ at a price equal to or better than, but not provides, ‘‘A DNR order remaining on offer price to one minimum trading inferior to, the best away market price but, the book after the opening process or increment away from the new away best if that best away market remains, the DNR received during open trading that is bid/offer price or its original limit price, order will remain in the Exchange book and marketable against the ABBO when the and expose such orders at the ABBO to be displayed at the better of a price one ABBO is better than the Exchange BBO participants only if the re-priced order minimum price variation away from that will be exposed at the NBBO to market locks or crosses the ABBO.’’ The ABBO or the established Exchange BBO. A DNR order remaining on the book after the participants.’’ The Exchange proposes to Exchange is rewording this sentence opening process or received during open state at proposed BX Chapter VI, Section because the NBBO by definition trading that is marketable against the ABBO 11(a)(iii)(A), ‘‘The Exchange shall includes the BBO. However, if the DNR when the ABBO is better than the Exchange immediately expose the order at the order locks or crosses the BBO, the DNR BBO will be exposed at the NBBO to market ABBO to participants, provided the order will immediately execute. Only if participants. option series has opened for trading.’’ the DNR order locks or crosses the The Exchange proposes to instead The Exchange notes that inserting ABBO will the DNR order be exposed. provide at proposed BX Chapter VI, ‘‘ABBO’’ more clearly provides that the This amendment reflects current Section 11(a)(iii)(A), ‘‘A DNR Order may away market is considered because the practice. execute on the Exchange at a price equal local book has already been exhausted The Exchange proposes to add a new to or better than, but not inferior to, the in this scenario. The Exchange proposes sentence to proposed Chapter VI, best away market price but, if that best to amend the next sentence of current Section 11(a)(iii)(A) which states, ‘‘Once away market remains, the DNR Order BX Chapter VI, Section 11(a)(1)(C), priced at its original limit price, it will will remain in the BX Order Book and which provides, ‘‘Any incoming order remain at that price until executed or be displayed at a price one minimum interacting with such a resting DNR cancelled.’’ The Exchange believes the price variation (‘‘MPV’’) 19 inferior to order will receive the best away market addition of this sentence, similar to rule that away best bid/offer.’’ The Exchange price.’’ The Exchange proposes to text in Phlx today 21 will add more is amending ‘‘one minimum price instead state at proposed BX Chapter VI, clarity to the manner in which the DNR variation away from that ABBO or the Section 11(a)(iii)(A), ‘‘Any incoming Order will be priced. established Exchange BBO’’ to ‘‘one order interacting with such a resting The proposed rule text is intended to minimum price variation (‘‘MPV’’) DNR order will execute at the ABBO bring more clarity to the current rule inferior to that away best bid/offer.’’ price, unless the ABBO is improved to regarding DNR Orders. The Exchange Further, the Exchange provides at a price which crosses the DNR’s believes that adding context around a proposed BX Chapter VI, Section displayed price, in which case the DNR Order when that order is locked or 11(a)(iii)(A), ‘‘If the DNR Order is incoming order will execute at the crossed will provide more transparency locking or crossing the ABBO, the DNR previous ABBO price.’’ The Exchange is to the current rule. The Exchange notes Order shall be entered into the Order expanding this language because it is that consistent with SEEK and SRCH Book at the ABBO price and displayed accounting for a scenario where an Orders, a DNR Order that is locked or one MPV away from the ABBO. The ABBO was disseminated after the crossed will display one MPV away Exchange shall immediately expose the crossing condition took place. This is a from the ABBO. The Exchange believes order at the ABBO to participants, change to reflect the current practice that the proposed language will benefit provided the option series has opened and amend the rule text to conform to market participants because it provides greater information. for trading.’’ An order that the Options the manner in which the System is Participant has elected not to make operating. While the ABBO can SEEK Order eligible for routing will be re-priced to improve, when it crosses the DNR Order The Exchange proposes to relocate the current national best offer (for bids) the updated ABBO cannot be utilized to SEEK Orders which are currently within or the current national best bid (for execute the DNR Order. The Exchange BX Chapter VI, Section 11(a)(1)(A) into offers) and displayed at one MPV above is amending the sentence of current BX proposed new BX Chapter VI, Section (for offers) or below (for bids) the Chapter VI, Section 11(a)(1)(C), ‘‘Should 11(a)(iii)(B).22 national best price. The Exchange the best away market change its price, The first sentence of current BX displays the DNR Order at one MPV or move to an inferior price level, the Chapter VI, Section 11(a)(1)(A) is away in compliance with Regulation DNR order will automatically re-price proposed to be relocated to proposed BX NMS. An order will not be executed at from its one minimum price variation Chapter VI, Section 11(a)(iii)(B).23 The a price that trades through another away from the original away best bid/ Exchange proposes to add the following market or displayed at a price that offer price to one minimum trading would lock or cross another market. An increment away from the new away best 21 See Phlx Rule 1093(a). order that is designated by a member as bid/offer price or its original limit price, 22 Phlx does not have SEEK Orders. non-routable will be re-priced in order and expose such orders at the NBBO to 23 Proposed BX Chapter VI, Section 11(a)(iii)(B) to comply with applicable Trade- market participants only if the re-priced provides, ‘‘SEEK is a routing option pursuant to which an order will first check the System for available contracts for execution, and then is sent exposure alert may be sent if the order size is 20 Also, an order that is designated by the member to other available market centers for potential modified.’’ as routable will be routed in compliance with execution. Orders initiate their own route timers 19 Any reference to minimum price variance in applicable Trade-Through and Locked and Crossed and are routed in the order in which their route the rules will be replaced with ‘‘MPV.’’ Markets restrictions. timers end.’’

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00146 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27377

sentence to proposed BX Chapter VI, of proposed BX Chapter VI, Section price. The new language will provide Section 11(a)(iii)(B), ‘‘Orders initiate 11(a)(iii)(B)(2), ‘‘During the Route market participants with greater their own route timers and are routed in Timer, the SEEK Order will be included transparency as to the manner in which the order in which their route timers in the displayed Exchange BBO, unless the System currently handles a SEEK end.’’ Specifically, each order begins a the SEEK Order locks or crosses the Order in that particular situation. separate Route Timer, which cannot be ABBO, in which case it will be entered The Exchange proposes to amend rule early terminated. Each individual into the Order Book at the ABBO price text within current BX Chapter VI, order’s Route Timer must complete and displayed one MPV away from the Section 11(a)(1)(A) with proposed BX before the order can route to an away ABBO.’’ The Exchange is adding a Chapter VI, Section 11(a)(4) 28 by market. The Exchange believes that this locked and crossed scenario to the rule amending the first sentence from ‘‘If language makes clear how the SEEK and indicating the price at which the contracts remain unexecuted after Order is prioritized today for routing SEEK Order would display. This routing, they are posted on the book’’ to purposes, which is sequentially based additional information is intended to ‘‘If contracts remain unexecuted after on the Route Timer. describe the condition that would cause routing, they are posted on the Order The Exchange proposes to add new the SEEK Order to reprice, the locked or Book at its limit price.’’ This new text text at BX Chapter VI, Section crossed market.26 seeks to makes clear the price at which 11(a)(iii)(B)(1) 24 which provides, ‘‘If a Proposed BX Chapter VI, Section the SEEK Order would post in the first SEEK is received during an Opening 11(a)(iii)(B)(3) 27 is the same as the sentence and therefore provides Process it may route as part of the current rule text at BX Chapter VI, additional information which is also Opening Cross pursuant to Chapter VI, Section 11(a)(1)(A), however the contained in the second sentence of that Section 8(b)(7).’’ The Exchange proposes Exchange proposes to amend current BX paragraph, which reflects current rule to introduce the defined term ‘‘Opening Chapter VI, Section 11(a)(1)(A) which text. The remainder of proposed BX Process’’ within proposed BX Chapter states, ‘‘If, during the Route Timer, any Chapter VI, Section 11(a)(4) captures VI, Section 11(a).25 new interest arrives opposite the SEEK current text within current BX Chapter The Exchange proposes to amend order that is equal to or better than the VI, Section 11(a)(1)(A). current Chapter VI, Section 11(a)(1)(A), ABBO price, the SEEK order will trade The Exchange proposes to delete a by utilizing the defined term ‘‘Opening against such new interest at the ABBO relocated sentence within current BX Process’’ instead of ‘‘after the opening price.’’ The Exchange proposes to Chapter VI, Section 11(a)(1)(A), which process or received during open replace this sentence within proposed provides, ‘‘SEEK orders will not be trading’’ and remove the phrase ‘‘a Chapter VI, Section 11(a)(iii)(B)(3) with, eligible for routing until the next time Route Timer not to exceed one second’’ ‘‘If during the Route Timer, the ABBO the option series is subject to a new which is also defined within the term moves and crosses the SEEK Order, any opening or reopening.’’ The Route Timer in proposed Chapter VI, new interest arrives opposite the SEEK aforementioned sentence was relocated Section 11(a). The term ‘‘NBBO’’ is Order that is marketable against the to proposed BX Chapter VI, Section being replaced with the term ‘‘ABBO’’ SEEK Order will trade at the SEEK 11(a) and utilizes the defined term because it is a more accurate Order price.’’ This scenario is not ‘‘Opening Process’’ within proposed BX representation than NBBO because the currently described in the current rule. Chapter VI, Section 11(a).29 local market has been exhausted and This new sentence will address the this portion of the rule is describing the specific situation where the ABBO cross SRCH Order SEEK Order reacting to the ABBO. The a SEEK Order and the price at which the The Exchange proposes to relocate proposed sentence would provide at SEEK Order would trade. In this SRCH Orders which are currently in BX proposed BX Chapter VI, Section situation, the away market has crossed Chapter VI, Section 11(a)(1)(B) to 11(a)(iii)(B)(2), ‘‘If a SEEK Order is the BBO. The contra interest would proposed BX Chapter VI, Section received after an Opening Process and it therefore execute at the SEEK Order 11(a)(iii)(C). As noted herein, Phlx and is marketable against the ABBO when BX SRCH Orders differ. the ABBO is better than the displayed 26 Proposed BX Chapter VI, Section The first sentence of current BX Exchange BBO, a Route Timer will 11(a)(iii)(B)(2), would provide, ‘‘If a SEEK Order is received after an Opening Process and it is Chapter VI, Section 11(a)(1)(B) is initiate and expose the SEEK Order at marketable against the ABBO when the ABBO is proposed to be relocated to proposed BX the ABBO to allow market participants better than the displayed Exchange BBO, a Route Chapter VI, Section 11(a)(iii)(C).30 The an opportunity to interact with the Timer will initiate and expose the SEEK Order at Exchange proposes to add the following remainder of the SEEK Order.’’ The the ABBO to allow market participants an opportunity to interact with the remainder of the second sentence to proposed BX Exchange proposes to replace the SEEK Order. During the Route Timer, the SEEK current sentence within current Chapter Order will be included in the displayed Exchange 28 Proposed BX Chapter VI, Section 11(a)(iii)(B)(4) VI, Section 11(a)(1)(A), ‘‘During the BBO, unless the SEEK Order locks or crosses the provides, ‘‘If contracts remain unexecuted after Route Timer, the SEEK order will be ABBO, in which case it will be entered into the routing, they are posted on the Order Book at its Order Book at the ABBO price and displayed one limit price. While on the Order Book at the limit included in the displayed Exchange MPV away from the ABBO.’’ price, should the order subsequently be locked or BBO at the better of a price one MPV 27 Proposed BX Chapter VI, Section 11(a)(iii)(B)(3) crossed by another market center, the System will away from the ABBO or the established provide, ‘‘If during the Route Timer in not re-expose or route the order to the locking or Exchange BBO.’’ The Exchange subparagraph (2) above any new interest arrives crossing market center.’’ 29 proposes to state in its place at the end opposite the SEEK order that is equal to or better Proposed BX Chapter VI, Section 11(a)(iii)(B)(5) than the ABBO price, the SEEK Order will trade provides, ‘‘SEEK Orders will not be eligible for against such new interest at the ABBO price. If routing until the next time the option series is 24 Proposed BX Chapter VI, Section 11(a)(iii)(B)(1) during the Route Timer, the ABBO moves and subject to a new Opening Process.’’ provides, ‘‘If a SEEK is received during an Opening crosses the SEEK Order, any new interest arrives 30 Proposed BX Chapter VI, Section 11(a)(iii)(C) Process it may route as part of the Opening Cross opposite the SEEK Order that is marketable against provides, ‘‘SRCH Order is a routing option pursuant pursuant to Chapter VI, Section 8(b)(7).’’ the SEEK Order will trade at the SEEK Order price. to which an order will first check the System for 25 The last sentence of the first paragraph of When checking the Order Book, the System will available contracts for execution, and then is sent proposed BX Chapter VI, Section 11(a) provides, seek to execute at the price at which it would send to other available market centers for potential ‘‘For purposes of this rule BX’s opening process is the order to a destination market center. Eligible execution. Orders initiate their own route timers governed by Chapter VI, Section 8 and includes an unexecuted orders will continue to be routed as and are routed in the order in which their route opening after a trading halt (‘‘Opening Process’’).’’ described in subparagraph (B)(2).’’ timers end.’’

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27378 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Chapter VI, Section 11(a)(iii)(C), against the SRCH Order will trade at the The proposed text also addresses new ‘‘Orders initiate their own route timers SRCH Order price.’’ This new sentence interest trading opposite the order as and are routed in the order in which will address the specific situation where well as eligible unexecuted interest. The their route timers end.’’ Specifically, the ABBO cross a SRCH Order and the Exchange believes that this paragraph is each order begins a separate Route price at which the SRCH Order would unnecessary with the proposed text for Timer, which cannot be early trade. In this situation, the away market SEEK and SRCH. terminated. Each individual order’s has crossed the BBO. The contra interest 2. Statutory Basis Route Timer must complete before the would therefore execute at the SRCH order can route to an away market. The Order price. The new language will The Exchange believes that its Exchange believes that this language provide market participants with greater proposal is consistent with Section 6(b) makes clear how the SRCH Order is transparency as to the manner in which of the Act,33 in general, and furthers the prioritized today for routing purposes, the System currently handles a SRCH objectives of Section 6(b)(5) of the Act,34 which is sequentially based on the Order in that particular situation. in particular, in that it is designed to Route Timer. The Exchange proposes to relocate promote just and equitable principles of The Exchange proposes to amend the and amend the seventh and eight trade and to protect investors and the third sentence of current BX Chapter VI, sentences of current BX Chapter VI, public interest because the Exchange is Section 11(a)(iii)(B) which provides, Section 11(a)(1)(B) to proposed BX adding more detail to its routing rule to ‘‘During the Route Timer, the SRCH Chapter VI, Section 11(a)(iii)(C)(4) 32 provide market participants with greater order will be included in the displayed which state, ‘‘If contracts remain un- transparency. The Exchange believes the Exchange BBO at the better of a price executed after routing, they are posted added scenarios will provide more one MPV away from the ABBO or the on the book. Once on the book, should context to routing in general and for the established Exchange BBO.’’ The the order subsequently be locked or specific routing strategies for the benefit Exchange proposes the following rule crossed by another market center, it will of investors and the public interest. text within proposed BX Chapter VI, be re-exposed, provided it is not on the Also, in defining terms and utilizing Section 11(a)(iii)(C)(2), book at its limit price, and re-route. An consistent language throughout the rule, During the Route Timer described in order exposure alert may be sent if the the Exchange believes the proposed rule subparagraph (1), the SRCH Order will be order size is modified.’’ The Exchange is will provide transparency with respect included in the displayed Exchange BBO, adding the phrase ‘‘at the limit price’’ to the manner in which BX routes unless the SRCH Order locks or crosses the within this sentence to correctly note orders. The Exchange continues to offer ABBO, in which case it will be entered into that the price at which the order is various choices to its market the Order Book at the ABBO price and posted at on the Order Book. Further, participants with respect to routing. displayed one MPV away from the ABBO. If the Exchange proposes to amend the there exists a locked market upon receipt of Chapter VI, Section 11 penultimate sentence of current BX the SRCH Order, the SRCH Order may The Exchange’s proposal to utilize the display at the locked ABBO price. Chapter VI, Section 11(a)(1)(B) as the sentence is incorrect. The Exchange term ‘‘System’’ will conform this rule to The Exchange is adding a locked and proposes to amend this incorrect other BX rules which utilize that term. crossed scenario to the rule and sentence to provide at proposed BX Explaining the Route Timer at the indicating the price at which the SRCH Chapter VI, Section 11(a)(iii)(C)(4), beginning of this proposed rule will Order would display. This additional ‘‘While on the Order Book at the limit provide context to use of the term information is intended to describe the price, should the order subsequently be throughout the rule and avoid condition that would cause the SRCH locked or crossed by another market repetitiveness. Replacing the term Order to reprice the locked or crossed center, the System will not re-expose or ‘‘NBBO’’ with the term ‘‘ABBO,’’ where market. appropriate, is consistent with the Act The Exchange proposes to relocate the route the order to the locking or crossing market center.’’ The Exchange notes that because the term ‘‘ABBO’’ refers to the fourth through sixth sentences of away market and not the local market, current BX Chapter VI, Section the current text which states that the SRCH Order would be re-exposed is which is a more accurate term in 11(a)(1)(B) to proposed BX Chapter VI, situation where the local market has 31 incorrect. The current practice is that Section 11(a)(iii)(C)(3). The proposed been exhausted. Defining minimum new rule text is substantially similar to the order is not re-exposed because the SRCH Order is being locked or crossed price variation and Opening Process the proposed rule text except that the will bring greater transparency to Exchange proposes to add a new by an away market and the Exchange is not required to re-expose the SRCH proposed Chapter IV, Section 11. The sentence to this paragraph which Exchange believes that it is consistent provides, ‘‘If during the Route Timer, Order in this scenario. The final sentence of Current Chapter VI, Section with the Act to refer to the Opening the ABBO moves and crosses the SRCH Process within Chapter VI, Section 8 Order, any new interest arrives opposite 11(a)(i)(B) is being relocated to proposed Section 11(a) as noted herein. when referring to routing during the the SRCH Order that is marketable Opening Process to avoid confusion Current Chapter VI, Section 11(a)(1)(D) with respect to governing rules. The 31 Proposed BX Chapter VI, Section 11(a)(iii)(C)(3) provides, ‘‘If, during the Route Timer described in The Exchange proposes to delete BX Exchange’s proposal to add the concept subparagraph (1), any new interest arrives opposite Chapter VI, Section 11(a)(1)(D) because of DNR at the beginning of the rule to the SRCH Order that is equal to or better than the the Exchange has relocated the locked make clear up-front that this option is ABBO price, the SRCH order will trade against such and crossed scenarios into the text of available when selecting a routing new interest at the ABBO price. If during the Route Timer, the ABBO moves and crosses the SRCH SEEK and SRCH as explained herein. strategy is a structural non-substantive Order, any new interest arrives opposite the SRCH change intended to bring greater clarity Order that is marketable against the SRCH Order 32 Proposed BX Chapter VI, Section 11(a)(iii)(C)(4) to the rule. will trade at the SRCH Order price. When checking provides, ‘‘If contracts remain un-executed after The Exchange proposes to more the Order Book, the System will seek to execute at routing, they are posted on the Order Book at its specifically explain within the rule text the price at which it would send the order to a limit price. While on the Order Book at the limit destination market center. Eligible unexecuted price, should the order subsequently be locked or orders will continue to be routed as described in crossed by another market center, the order will not 33 15 U.S.C. 78f(b). subparagraph (C)(1).’’ re-expose and may route at the end of route timer.’’ 34 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27379

what is meant by ‘‘exposure’’ or because this behavior is compliant with away market change its price to an ‘‘exposing’’ an order. The Exchange Regulation NMS. An order will not be inferior price level, the DNR Order will proposes to make clear that exposure executed at a price that trades through automatically re-price from one MPV shall mean a notification sent to another market or displayed at a price inferior to the original away best bid/ participants that includes the price, that would lock or cross another market. offer price to one minimum trading size, and side of interest that is available An order that is designated by a member increment away from the new away best for execution. The Exchange believes as non-routable will be re-priced in bid/offer price or its original limit price, that this additional language in order to comply with applicable Trade- and expose such orders at the ABBO to consistent with the Act because it will Through and Locked and Crossed participants only if the re-priced order assist market participants in Markets restrictions.35 The Exchange’s locks or crosses the ABBO’’ is consistent understanding the manner in which proposal to account for a scenario where with the Act. The Exchange is these terms are used throughout this an ABBO was disseminated after the rewording this sentence because the rule. crossing condition took place is NBBO by definition includes the BBO. The Exchange’s proposal to not consistent with the Act because an However, if the DNR order locks or disseminate an exposure notification to updated ABBO that crosses the DNR crosses the BBO, the DNR order will participants if an incoming order is Order cannot be utilized to execute the immediately execute. Only if the DNR joining an already established BBO DNR Order. The Exchange believes that order locks or crosses the ABBO will the price when the ABBO is locked or adding context around a DNR Order DNR order be exposed. The proposed crossed with the BBO is consistent with when that order is locked or crossed rule text is intended to bring more the Act because in this case, such order will provide more transparency to the clarity to the current rule regarding DNR will join the established BBO price, rule. The Exchange notes that consistent Orders. The Exchange believes that which is already disseminated. The with SEEK and SRCH Orders, a DNR adding context around a DNR Order Exchange believes that exposing an Order that is locked or crossed will when that order is locked or crossed order which reflects a disseminated display one MPV away from the ABBO. will provide more transparency to the price could cause confusion rather than The Exchange believes that the current rule. The Exchange believes that inform investors and the general public proposed language will benefit market the proposed language will benefit of the availability of an order. Today, participants because it provides greater market participants because it provides the Exchange executes responses at a information. greater information. price at or better than the ABBO on a The Exchange’s proposal to remove The Exchange’s proposal to add a new first come, first served basis prior to the sentence within current BX Chapter sentence to proposed Chapter VI, routing the order to an away market in VI, Section 11(a)(1)(C) which provides, Section 11(a)(iii)(A), ‘‘Once priced at its accordance with the rules currently in ‘‘A DNR order remaining on the book original limit price, it will remain at that effect in Chapter VI, Section 11. If a after the opening process or received price until executed or cancelled’’ is response is received which is executable during open trading that is marketable consistent with the Act. The Exchange against the full volume of the order, it against the ABBO when the ABBO is believes the addition of this sentence, may execute immediately. Since the better than the Exchange BBO will be similar to rule text in Phlx today 36 will order was filled, the Route Timer no exposed at the NBBO to market add more clarity to the manner in which longer exists because the order no participants’’ and instead provide the DNR Order will be priced. longer exists. The Exchange believes within proposed BX Chapter VI Section that this notification is not necessary in 11(a)(iii)(A), ‘‘The Exchange shall SEEK and SRCH Orders the case of an incoming order that joins immediately expose the order at the The Exchange’s proposal to expand an already established BBO price when ABBO to participants, provided the the current language within SEEK and the ABBO is locked or crossed with the option series has opened for trading’’ is SRCH Orders to add a reference to an BBO as other orders previously consistent with the Act. The Exchange Opening Process as defined within established the BBO on the Order Book. notes that inserting ‘‘ABBO’’ more proposed BX Chapter VI, Section 11(a) The established BBO price is a clearly provides that the away market is will add clarity to the rule text. Also, disseminated price which is available to considered because the local book has making clear that each order begins a market participants. A second already been exhausted in this scenario. separate Route Timer, which cannot be notification with the exposure message This amendment will protect investors early terminated and the individual would reflect the same price as the and the public interest by avoiding order’s Route Timer must complete disseminated BBO price and would not confusion. Adding locking and crossing before the order can route to an away offer market participants new scenarios will account for a scenario market is consistent with the Act information. where an ABBO was disseminated after because the Exchange is allowing the The remainder of the rule changes in the crossing condition took place. This entire time on the Route Timer to obtain the introduction are non-substantive is a change to reflect the current practice the best price for the order.37 In order rule changes that simply seek to and amend the rule text to conform to to maintain priority within the System, reorganize and add transparency to the the manner in which the System is the SEEK and SRCH Order is prioritized current rule text. operating. While the ABBO can today for routing purposes, which is DNR Orders improve, when it crosses the DNR Order sequentially based on the Route Timer. The Exchange’s proposal to add a new the updated ABBO cannot be utilized to SEEK Order sentence to proposed new Chapter VI, execute the DNR Order. The Exchange’s proposal to amend rule text, within The Exchange’s proposal to utilize the Section 11(a)(iii)(A), that is not in the more precise terms ‘‘ABBO’’ in place of current rule text, that provides, ‘‘If the proposed BX Chapter VI Section 11(a)(iii)(A) to provide, ‘‘Should the best ‘‘NBBO’’ where the local market has DNR order is locking or crossing the been exhausted when describing SEEK ABBO, the DNR order shall be entered 35 Also, an order that is designated by the member into the Order Book at the ABBO price as routable will be routed in compliance with 36 See Phlx Rule 1093(a). and displayed one MPV away from the applicable Trade-Through and Locked and Crossed 37 See proposed BX Rule Chapter VI, Sections ABBO’’ is consistent with the Act Markets restrictions. 11(a)(iii)(B) and 11(a)(iii)(C).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27380 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Order behavior is consistent with the because the Exchange would not A proposed rule change filed Act because the term is more accurate.38 disseminate an exposure notification to pursuant to Rule 19b–4(f)(6) under the The Exchange’s proposal to note a participants because the SRCH Order is Act 43 normally does not become scenario where the ABBO moves and being locked or crossed by an away operative for 30 days after the date of its crosses the SEEK Order during a Route market and the Exchange is not required filing. However, Rule 19b–4(f)(6)(iii) 44 Timer.39 If the away market price to re-expose the SRCH Order in this permits the Commission to designate a crosses the BBO, the market is crossed scenario. shorter time if such action is consistent and contra interest would execute at the Current Chapter VI, Section 11(a)(1)(D) with the protection of investors and the price the order rested on the Order public interest. The Exchange has Book. If the away price locks the The Exchange’s proposal to delete requested that the Commission waive displayed price, the contra interest current BX Chapter VI, Section the 30-day operative delay so that the would execute at its displayed price. 11(a)(1)(D) is consistent with the Act proposed rule change may become This proposed rule text is consistent because the Exchange has relocated the operative upon filing. The Commission with the Act because it would not locked and crossed scenarios into the believes that waiving the 30-day permit a trade-through but would allow text of SEEK and SRCH as explained operative delay is consistent with the a SEEK Order to trade where the order herein. The proposed text also addresses protection of investors and the public is marketable, but does not trade- new interest trading opposite the order interest, as it will allow the Exchange to though. The new language will provide as well as eligible unexecuted interest. immediately provide members with market participants with greater The Exchange believes that this greater information and transparency on transparency as to the manner in which paragraph is unnecessary and redundant potential order routing strategies the System will handle a SEEK Order in in light of the proposed text for SEEK available on the Exchange. For this that particular situation. This is also and SRCH. reason, the Commission hereby waives applicable to SRCH Orders. B. Self-Regulatory Organization’s the 30-day operative delay and SRCH Order Statement on Burden on Competition designates the proposed rule change as 45 The Exchange does not believe that operative upon filing. The Exchange’s proposal to add new At any time within 60 days of the the proposed rule change will impose rule text within proposed BX Chapter filing of the proposed rule change, the any burden on competition not VI, Section 11(a)(iii)(C)(3) concerning a Commission summarily may SRCH Order, ‘‘If during the Route necessary or appropriate in furtherance of the purposes of the Act. The temporarily suspend such rule change if Timer, the ABBO moves and crosses the it appears to the Commission that such SRCH Order, any new interest arrives proposed routing rules apply to all market participants including routing action is necessary or appropriate in the opposite the SRCH Order that is public interest, for the protection of marketable against the SRCH Order will during an Opening Process. The Exchange believes that adding greater investors, or otherwise in furtherance of trade at the SRCH Order price’’ is the purposes of the Act. If the consistent with the Act. This new detail to its rules does not impose an undue burden on competition, rather it Commission takes such action, the sentence will address the specific Commission shall institute proceedings situation where the ABBO cross a SRCH provides greater transparency as to the to determine whether the proposed rule Order and the price at which the SRCH potential outcomes when utilizing change should be approved or Order would trade. In this situation, the different routing strategies. Further, the disapproved. away market has crossed the BBO. The Exchange notes that market participants contra interest would therefore execute may elect not to route their orders. The IV. Solicitation of Comments Exchange continues to offer various at the SRCH Order price. The new Interested persons are invited to options to its market participants with language will provide market submit written data, views, and respect to routing. participants with greater transparency arguments concerning the foregoing, as to the manner in which the System C. Self-Regulatory Organization’s including whether the proposed rule currently handles a SRCH Order in that Statement on Comments on the 40 change is consistent with the Act. particular situation’’ is consistent Proposed Rule Change Received From Comments may be submitted by any of with the Act because this situation Members, Participants, or Others the following methods: accounts for a locked and crossed market scenario and provides No written comments were either Electronic Comments solicited or received. information as to the manner in which • Use the Commission’s internet the SRCH Order would display. This III. Date of Effectiveness of the comment form (http://www.sec.gov/ information provides market participant Proposed Rule Change and Timing for rules/sro.shtml); or with greater transparency. Commission Action • Send an email to rule-comments@ The Exchange’s proposal to amend Because the foregoing proposed rule sec.gov. Please include File Number SR– the penultimate sentence of current BX BX–2019–017 on the subject line. Chapter VI, Section 11(a)(1)(B) to change does not: (i) Significantly affect the protection of investors or the public provide, ‘‘While on the Order Book at give the Commission written notice of its intent to the limit price, should the order interest; (ii) impose any significant burden on competition; and (iii) become file the proposed rule change, along with a brief subsequently be locked or crossed by description and text of the proposed rule change, another market center, the order will not operative for 30 days from the date on at least five business days prior to the date of filing re-expose and may route at the end of which it was filed, or such shorter time of the proposed rule change, or such shorter time as the Commission may designate, it has as designated by the Commission. The Exchange route timer’’ is consistent with the Act has satisfied this requirement. become effective pursuant to Section 43 19(b)(3)(A) of the Act 41 and Rule 19b– 17 CFR 240.19b–4(f)(6). 38 See proposed BX Chapter VI, Section 44 17 CFR 240.19b–4(f)(6)(iii). 42 11(a)(1)(A). 4(f)(6) thereunder. 45 For purposes only of waiving the 30-day 39 See proposed BX Chapter VI, Section operative delay, the Commission also has 11(a)(iii)(B)(2). 41 15 U.S.C. 78s(b)(3)(A). considered the proposed rule’s impact on 40 See proposed BX Chapter VI, Section 42 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– efficiency, competition, and capital formation. See 11(a)(iii)(C)(3). 4(f)(6)(iii) requires a self-regulatory organization to 15 U.S.C. 78c(f).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00150 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27381

Paper Comments SECURITIES AND EXCHANGE A. Self-Regulatory Organization’s Statement of the Purpose of, and • COMMISSION Send paper comments in triplicate Statutory Basis for, the Proposed Rule to Secretary, Securities and Exchange [Release No. 34–86049; File No. SR– Change Commission, 100 F Street NE, PEARL–2019–20] Washington, DC 20549–1090. 1. Purpose All submissions should refer to File Self-Regulatory Organizations; Miami The Exchange is a participant in an Number SR–BX–2019–017. This file PEARL, LLC; Notice of Filing and industry-wide pilot program that number should be included on the Immediate Effectiveness of a Proposed provides for the quoting and trading of certain option classes in penny subject line if email is used. To help the Rule Change To Amend Rule 510, increments (the ‘‘Penny Pilot Program’’ Commission process and review your Minimum Price Variations and or ‘‘Program’’). The Penny Pilot Program comments more efficiently, please use Minimum Trading Increments To Extend the Penny Pilot Program allows the quoting and trading of certain only one method. The Commission will option classes in minimum increments post all comments on the Commission’s June 6, 2019. of $0.01 for all series in such option internet website (http://www.sec.gov/ classes with a price of less than $3.00; rules/sro.shtml). Copies of the Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 and in minimum increments of $0.05 for submission, all subsequent (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 all series in such option classes with a amendments, all written statements notice is hereby given that on May 30, price of $3.00 or higher. Options with respect to the proposed rule TM 2019, Miami PEARL, LLC (‘‘MIAX overlying the PowerShares QQQ change that are filed with the (‘‘QQQ’’), SPDR® S&P 500® ETF PEARL’’ or the ‘‘Exchange’’) filed with ® Commission, and all written the Securities and Exchange (‘‘SPY’’), and iShares Russell 2000 ETF communications relating to the Commission (‘‘Commission’’) a (‘‘IWM’’), however, are quoted and proposed rule change between the proposed rule change as described in traded in minimum increments of $0.01 Commission and any person, other than Items I, II, and III below, which Items for all series regardless of the price. The those that may be withheld from the have been prepared by the Exchange. Penny Pilot Program was initiated at the public in accordance with the The Commission is publishing this then existing option exchanges in 3 provisions of 5 U.S.C. 552, will be notice to solicit comments on the January 2007 and currently includes available for website viewing and proposed rule change from interested more than 300 of the most active option printing in the Commission’s Public persons. classes. The Penny Pilot Program is Reference Room, 100 F Street NE, currently scheduled to expire on June I. Self-Regulatory Organization’s 4 Washington, DC 20549 on official 30, 2019. The purpose of the proposed Statement of the Terms of Substance of business days between the hours of rule change is to extend the Penny Pilot the Proposed Rule Change 10:00 a.m. and 3:00 p.m. Copies of the Program in its current format through December 31, 2019. filing also will be available for The Exchange is filing a proposal to inspection and copying at the principal amend Rule 510, Minimum Price 2. Statutory Basis office of the Exchange. All comments Variations and Minimum Trading The Exchange believes that its received will be posted without change. Increments, Interpretation and Policy proposed rule change is consistent with Persons submitting comments are .01 to extend the pilot program for the Section 6(b) of the Act 5 in general, and cautioned that we do not redact or edit quoting and trading of certain options in furthers the objectives of Section 6(b)(5) personal identifying information from pennies. of the Act 6 in particular, in that it is comment submissions. You should The text of the proposed rule change designed to prevent fraudulent and submit only information that you wish is available on the Exchange’s website at manipulative acts and practices, to to make available publicly. All http://www.miaxoptions.com/rule- promote just and equitable principles of submissions should refer to File filings/pearl, at MIAX PEARL’s trade, to foster cooperation and Number SR–BX–2019–017, and should principal office, and at the coordination with persons engaged in be submitted on or before July 3, 2019. Commission’s Public Reference Room. facilitating transactions in securities, to remove impediments to and perfect the For the Commission, by the Division of II. Self-Regulatory Organization’s mechanisms of a free and open market Trading and Markets, pursuant to delegated Statement of the Purpose of, and 46 and a national market system and, in authority. Statutory Basis for, the Proposed Rule general, to protect investors and the Eduardo A. Aleman, Change public interest. Deputy Secretary. In its filing with the Commission, the [FR Doc. 2019–12339 Filed 6–11–19; 8:45 am] Exchange included statements 3 See Securities Exchange Act Release Nos. 55154 BILLING CODE 8011–01–P concerning the purpose of and basis for (January 23, 2007), 72 FR 4743 (February 1, 2007) (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 the proposed rule change and discussed FR 4754 (February 1, 2007) (SR–ISE–2006–62); any comments it received on the 54886 (December 6, 2006), 71 FR 74979 (December proposed rule change. The text of these 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, statements may be examined at the 2006), 71 FR 61525 (October 18, 2006) (SR– NYSEArca–2006–73); and 54741 (November 9, places specified in Item IV below. The 2006), 71 FR 67176 (November 20, 2006) (SR– Exchange has prepared summaries, set Amex–2006–106). forth in sections A, B, and C below, of 4 See Securities Exchange Act Release No. 84865 the most significant aspects of such (December 19, 2019), 83 FR 66813 (December 27, 2018) (SR–PEARL–2018–26) (extending the Penny statements. Pilot Program from December 31, 2018 to June 30, 2019). 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78f(b). 46 17 CFR 200.30–3(a)(12). 2 17 CFR 240.19b–4. 6 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00151 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27382 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

In particular, the proposed rule action is necessary or appropriate in the Number SR–PEARL–2019–20 and change, which extends the Penny Pilot public interest, for the protection of should be submitted on or before July 3, Program for six months, allows the investors, or otherwise in furtherance of 2019. Exchange to continue to participate in a the purposes of the Act. If the For the Commission, by the Division of program that has been viewed as Commission takes such action, the Trading and Markets, pursuant to delegated beneficial to traders, investors and Commission shall institute proceedings authority.9 public customers and viewed as to determine whether the proposed rule Eduardo A. Aleman, successful by the other options should be approved or disapproved. Deputy Secretary. exchanges participating in it. IV. Solicitation of Comments [FR Doc. 2019–12336 Filed 6–11–19; 8:45 am] B. Self-Regulatory Organization’s Interested persons are invited to BILLING CODE 8011–01–P Statement on Burden on Competition submit written data, views, and The Exchange does not believe that arguments concerning the foregoing, SECURITIES AND EXCHANGE including whether the proposed rule the proposed rule change will impose COMMISSION any burden on competition that is not change is consistent with the Act. necessary or appropriate in furtherance Comments may be submitted by any of [Release No. 34–86048; File No. SR– of the purposes of the Act. Specifically, the following methods: EMERALD–2019–23] the Exchange believes that, by extending Electronic Comments the expiration of the Pilot Program, the Self-Regulatory Organizations; MIAX proposed rule change will allow for • Use the Commission’s internet Emerald, LLC; Notice of Filing and further analysis of the Penny Pilot comment form (http://www.sec.gov/ Immediate Effectiveness of a Proposed Program and a determination of how the rules/sro.shtml); or Rule Change To Amend Exchange • Program should be structured in the Send an email to rule-comments@ Rule 510, Minimum Price Variations future. In doing so, the proposed rule sec.gov. Please include File Number SR– and Minimum Trading Increments To change will also serve to promote PEARL–2019–20 on the subject line. Extend the Penny Pilot Program regulatory clarity and consistency, Paper Comments June 6, 2019. thereby reducing burdens on the • Pursuant to Section 19(b)(1) of the marketplace, facilitating investor Send paper comments in triplicate to Secretary, Securities and Exchange Securities Exchange Act of 1934 protection, and fostering a competitive (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 environment. In addition, consistent Commission, 100 F Street NE, Washington, DC 20549–1090. notice is hereby given that on May 30, with previous practices, the Exchange 2019, MIAX Emerald, LLC (‘‘MIAX believes the other options exchanges All submissions should refer to File Number SR–PEARL–2019–20. This file Emerald’’ or the ‘‘Exchange’’) filed with will be filing similar extensions of the the Securities and Exchange Penny Pilot Program. number should be included on the subject line if email is used. To help the Commission (‘‘Commission’’) a C. Self-Regulatory Organization’s Commission process and review your proposed rule change as described in Statement on Comments on the comments more efficiently, please use Items I, II, and III below, which Items Proposed Rule Change Received From only one method. The Commission will have been prepared by the Exchange. Members, Participants, or Others post all comments on the Commission’s The Commission is publishing this Written comments were neither internet website (http://www.sec.gov/ notice to solicit comments on the solicited nor received. rules/sro.shtml). Copies of the proposed rule change from interested submission, all subsequent persons. III. Date of Effectiveness of the amendments, all written statements Proposed Rule Change and Timing for I. Self-Regulatory Organization’s with respect to the proposed rule Commission Action Statement of the Terms of Substance of change that are filed with the the Proposed Rule Change Because the foregoing proposed rule Commission, and all written The Exchange is filing a proposal to change does not: (i) Significantly affect communications relating to the amend Exchange Rule 510, Minimum the protection of investors or the public proposed rule change between the Price Variations and Minimum Trading interest; (ii) impose any significant Commission and any person, other than Increments, to change the date on which burden on competition; and (iii) become those that may be withheld from the the pilot program for the quoting and operative for 30 days after the date of public in accordance with the trading of certain options in pennies is the filing, or such shorter time as the provisions of 5 U.S.C. 552, will be Commission may designate, it has scheduled to expire. available for website viewing and The text of the proposed rule change become effective pursuant to 19(b)(3)(A) printing in the Commission’s Public 7 8 is available on the Exchange’s website at of the Act and Rule 19b–4(f)(6) Reference Room, 100 F Street NE, thereunder. http://www.miaxoptions.com/rule- Washington, DC 20549, on official filings/emerald, at MIAX Emerald’s At any time within 60 days of the business days between the hours of filing of the proposed rule change, the principal office, and at the 10:00 a.m. and 3:00 p.m. Copies of the Commission’s Public Reference Room. Commission summarily may filing also will be available for temporarily suspend such rule change if inspection and copying at the principal II. Self-Regulatory Organization’s it appears to the Commission that such office of the Exchange. All comments Statement of the Purpose of, and received will be posted without change. Statutory Basis for, the Proposed Rule 7 15 U.S.C. 78s(b)(3)(A). Persons submitting comments are Change 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires a self-regulatory organization to give cautioned that we do not redact or edit In its filing with the Commission, the the Commission written notice of its intent to file personal identifying information from Exchange included statements the proposed rule change at least five business days comment submissions. You should prior to the date of filing of the proposed rule submit only information that you wish 9 change, or such shorter time as designated by the 17 CFR 200.30–3(a)(12). Commission. The Exchange has satisfied this to make available publicly. All 1 15 U.S.C. 78s(b)(1). requirement. submissions should refer to File 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00152 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27383

concerning the purpose of and basis for trade, to foster cooperation and At any time within 60 days of the the proposed rule change and discussed coordination with persons engaged in filing of the proposed rule change, the any comments it received on the facilitating transactions in securities, to Commission summarily may proposed rule change. The text of these remove impediments to and perfect the temporarily suspend such rule change if statements may be examined at the mechanisms of a free and open market it appears to the Commission that such places specified in Item IV below. The and a national market system and, in action is necessary or appropriate in the Exchange has prepared summaries, set general, to protect investors and the public interest, for the protection of forth in sections A, B, and C below, of public interest. investors, or otherwise in furtherance of the most significant aspects of such In particular, the proposed rule the purposes of the Act. If the statements. change, which extends the Penny Pilot Commission takes such action, the Program for six months, allows the Commission shall institute proceedings A. Self-Regulatory Organization’s Exchange to continue to participate in a Statement of the Purpose of, and to determine whether the proposed rule program that has been viewed as should be approved or disapproved. Statutory Basis for, the Proposed Rule beneficial to traders, investors and Change public customers and viewed as IV. Solicitation of Comments 1. Purpose successful by the other options Interested persons are invited to The Exchange is a participant in an exchanges participating in it. submit written data, views, and industry-wide pilot program that B. Self-Regulatory Organization’s arguments concerning the foregoing, provides for the quoting and trading of Statement on Burden on Competition including whether the proposed rule change is consistent with the Act. certain option classes in penny The Exchange does not believe that increments (the ‘‘Penny Pilot Program’’ Comments may be submitted by any of the proposed rule change will impose the following methods: or ‘‘Program’’). The Penny Pilot Program any burden on competition that is not allows the quoting and trading of certain necessary or appropriate in furtherance Electronic Comments option classes in minimum increments of the purposes of the Act. Specifically, • of $0.01 for all series in such option Use the Commission’s internet the Exchange believes that, by extending comment form (http://www.sec.gov/ classes with a price of less than $3.00; the expiration of the Pilot Program, the and in minimum increments of $0.05 for rules/sro.shtml); or proposed rule change will allow for • all series in such option classes with a Send an email to rule-comments@ further analysis of the Penny Pilot sec.gov. Please include File Number SR– price of $3.00 or higher. Options Program and a determination of how the overlying the PowerShares QQQTM EMERALD–2019–23 on the subject line. ® ® Program should be structured in the (‘‘QQQ’’), SPDR S&P 500 ETF future. In doing so, the proposed rule Paper Comments (‘‘SPY’’), and iShares® Russell 2000 ETF change will also serve to promote • (‘‘IWM’’), however, are quoted and Send paper comments in triplicate regulatory clarity and consistency, to Secretary, Securities and Exchange traded in minimum increments of $0.01 thereby reducing burdens on the for all series regardless of the price. The Commission, 100 F Street NE, marketplace, facilitating investor Washington, DC 20549–1090. Penny Pilot Program was initiated at the protection, and fostering a competitive All submissions should refer to File then existing option exchanges in environment. In addition, consistent 3 Number SR–EMERALD–2019–23. This January 2007 and currently includes with previous practices, the Exchange file number should be included on the more than 300 of the most active option believes the other options exchanges subject line if email is used. To help the classes. The Penny Pilot Program is will be filing similar extensions of the Commission process and review your currently scheduled to expire on June Penny Pilot Program. 30, 2019.4 The purpose of the proposed comments more efficiently, please use rule change is to extend the Penny Pilot C. Self-Regulatory Organization’s only one method. The Commission will Program in its current format through Statement on Comments on the post all comments on the Commission’s December 31, 2019. Proposed Rule Change Received From internet website (http://www.sec.gov/ Members, Participants, or Others rules/sro.shtml). Copies of the 2. Statutory Basis Written comments were neither submission, all subsequent The Exchange believes that its solicited nor received. amendments, all written statements proposed rule change is consistent with with respect to the proposed rule Section 6(b) of the Act 5 in general, and III. Date of Effectiveness of the change that are filed with the furthers the objectives of Section 6(b)(5) Proposed Rule Change and Timing for Commission, and all written of the Act 6 in particular, in that it is Commission Action communications relating to the designed to prevent fraudulent and Because the foregoing proposed rule proposed rule change between the manipulative acts and practices, to change does not: (i) Significantly affect Commission and any person, other than promote just and equitable principles of the protection of investors or the public those that may be withheld from the interest; (ii) impose any significant public in accordance with the 3 See Securities Exchange Act Release Nos. 55154 burden on competition; and (iii) become provisions of 5 U.S.C. 552, will be (January 23, 2007), 72 FR 4743 (February 1, 2007) (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 operative for 30 days after the date of available for website viewing and FR 4754 (February 1, 2007) (SR–ISE–2006–62); the filing, or such shorter time as the printing in the Commission’s Public 54886 (December 6, 2006), 71 FR 74979 (December Commission may designate, it has Reference Room, 100 F Street NE, 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, become effective pursuant to 19(b)(3)(A) Washington, DC 20549, on official 2006), 71 FR 61525 (October 18, 2006) (SR– 7 8 NYSEArca–2006–73); and 54741 (November 9, of the Act and Rule 19b–4(f)(6) business days between the hours of 2006), 71 FR 67176 (November 20, 2006) (SR– thereunder. 10:00 a.m. and 3:00 p.m. Copies of the Amex–2006–106). filing also will be available for 4 See Securities Exchange Act Release No. 85225 7 15 U.S.C. 78s(b)(3)(A). (March 1, 2019), 84 FR 8353 (March 7, 2019) (SR– 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– prior to the date of filing of the proposed rule EMERALD–2019–06). 4(f)(6) requires a self-regulatory organization to give change, or such shorter time as designated by the 5 15 U.S.C. 78f(b). the Commission written notice of its intent to file Commission. The Exchange has satisfied this 6 15 U.S.C. 78f(b)(5). the proposed rule change at least five business days requirement.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00153 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27384 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

inspection and copying at the principal any representations provided to The Commission estimates the one- office of the Exchange. All comments counterparties under Rule 3a71–3 will time third-party disclosure burden received will be posted without change. constitute voluntary third-party associated with developing Persons submitting comments are disclosures, the Commission will not representations under this collection of cautioned that we do not redact or edit typically receive these disclosures. information will be, for each U.S. bank personal identifying information from The Commission believes that the counterparty that will make such comment submissions. You should representations contemplated by Rule representations, no more than five submit only information that you wish 3a71–3 will, in most cases, be made hours, and up to $2,000 for the services to make available publicly. All through amendments to the parties’ of outside professionals, for an estimate submissions should refer to File existing trading documentation (e.g., the of approximately 250 hours 1 or 83.33 Number SR–EMERALD–2019–23 and schedule to a master agreement). The hours 2 per year when annualized over should be submitted on or before July 3, Commission believes that, because three years, across all security-based 2019.T≤ trading relationship documentation is swap counterparties that will make such For the Commission, by the Division of established between two counterparties, representations.3 This estimate assumes Trading and Markets, pursuant to delegated whether a counterparty is able to little or no reliance on standardized authority.9 represent that it is entering into a disclosure language. Eduardo A. Aleman, ‘‘transaction conducted through a The Commission expects that the Deputy Secretary. foreign branch’’ or that it does not meet majority of the burden associated with the criteria of the ‘‘U.S. person’’ [FR Doc. 2019–12337 Filed 6–11–19; 8:45 am] the new disclosure requirements will be definition will not change on a BILLING CODE 8011–01–P experienced during the first year as transaction-by-transaction basis and, language is developed and trading therefore, such representations will documentation is amended. After the SECURITIES AND EXCHANGE generally be made in the schedule to a new representations are developed and COMMISSION master agreement, rather than in incorporated into trading individual confirmations. Because these documentation, the Commission Proposed Collection; Comment representations relate to new regulatory continues to believe that the ongoing Request requirements, the Commission third-party disclosure burden associated anticipates that counterparties may elect with this requirement will be 10 hours Upon Written Request, Copies Available to develop and incorporate these From: Securities and Exchange per U.S. bank counterparty for verifying representations in trading representations with existing Commission, Office of FOIA Services, documentation soon after the effective 100 F Street NE, Washington, DC counterparties, for a total of date of the Commission’s security-based 4 20549–2736. approximately 500 hours across all swap regulations, rather than applicable U.S. bank counterparties.5 Extension: incorporating specific language on a The Commission believes that some of Exchange Act Rule 3a71–3, SEC File No. transactional basis. The Commission the entities that will have to comply 270–655, OMB Control No. 3235–0717 believes that counterparties will be able with Rule 3a71–3 will seek outside Notice is hereby given that pursuant to adopt, where appropriate, counsel to help them develop new to the Paperwork Reduction Act of 1995 standardized language across all of their representations contemplated by Rule (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the security-based swap trading 3a71–3. For PRA purposes, the Securities and Exchange Commission relationships. The Commission believes Commission assumes that all 50 (‘‘Commission’’) is soliciting comments that this standardized language may be respondents will seek outside counsel on the existing collection of information developed by individual respondents or for the first year only and will, on provided for in Rule 3a71–3 (17 CFR through a combination of trade average, consult with outside counsel 240.3a71–3) under the Securities associations and industry working for a cost of up to $2,000. The Exchange Act of 1934 (15 U.S.C. 78a et groups. Commission also assumes that none of seq.). The Commission plans to submit a. Representations regarding a the 50 respondents will seek outside this existing collection of information to ‘‘transaction conducted through a legal services for year two or year three. foreign branch’’ the Office of Management and Budget Thus, the Commission expects the cost Pursuant to Rule 3a71–3, parties to (‘‘OMB’’) for extension and approval. over the three-year period will be Rule 3a71–3 is adopted and in effect, security-based swaps are permitted to 6 7 rely on certain representations from $100,000 or $33,333 per year when but the compliance date for Rule 3a71– annualized over three years, across all 3 has not yet passed. The their counterparties when determining whether a transaction falls within the security-based swap counterparties that representations contemplated by Rule will make such representations. The 3a71–3 will be relied upon by definition of a ‘‘transaction conducted through a foreign branch.’’ The counterparties to determine whether 1 50 (total number of entities) * 5 hours = 250 such transaction is a ‘‘transaction Commission staff estimates that a total hours. conducted through a foreign branch’’ of of 50 entities will incur burdens under 2 250 hours (total hours to develop a counterparty, as defined in Rule 3a71– this collection of information, whether representations) ÷ 3 years = 83.33 hours. 3(a)(3)(i), as well as to verify whether a solely in connection with the business 3 See Business Conduct Adopting Release at security-based swap counterparty is a conduct requirements or also in 30096. connection with the application of the 4 50 (total number of entities) * 10 hours = 500 ‘‘U.S. person.’’ Counterparties to hours. security-based swap transactions may de minimis exception. These estimates 5 The Commission staff estimates that this burden voluntarily give such representations to are based on our understanding of the will consist of 10 hours of in-house counsel time one another to reduce operational costs over-the-counter (‘‘OTC’’) derivatives for each security-based swap market participant and allow each party to ascertain markets, including the size of the that will make such representations. See Business market, the number of counterparties Conduct Adopting Release, at 30097, note 1581. whether such transaction is subject to 6 50 (estimated number of entities) * $2,000 (cost certain Title VII requirements. Because that are active in the market, and how of outside counsel) = $100,000. market participants currently structure 7 $100,000 (total cost to seek outside counsel over 9 17 CFR 200.30–3(a)(12). security-based swap transactions. three years) ÷ 3 years = $33,333.33.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27385

Commission expects the total labor cost with Rule 3a71–3 will seek outside SECURITIES AND EXCHANGE per respondent will be approximately counsel to help them develop new COMMISSION $666.67 8 when annualized over three representations contemplated by Rule years. 3a71–3. For PRA purposes, the [Release No. 34–86054; File No. SR–MIAX– b. Representations regarding U.S.- Commission assumes that all 2,400 2019–27] person status respondents will seek outside legal for Pursuant to Rule 3a71–3(a)(4)(iv), the first year only and will, on average, Self-Regulatory Organizations; Miami persons may rely on representations consult with outside counsel for a cost International Securities Exchange, from a counterparty that the of up to $2,000. The Commission also LLC; Notice of Filing and Immediate counterparty does not satisfy the criteria assumes that none of the 2,400 Effectiveness of a Proposed Rule defining U.S. person set forth in Rule respondents will seek outside legal Change To Amend Rule 510, Minimum 3a71–3(a)(4)(i), unless such person services for year two or year three. Thus, Price Variations and Minimum Trading knows or has reason to know that the the Commission expects the cost over Increments To Extend the Penny Pilot representation is not accurate. the three-year period will be Program Commission staff has estimated, based $4,800,000 10 or $1,600,000 11 per year on its understanding of OTC derivatives when annualized over three years, June 6, 2019. markets, including the domiciles of across all security-based swap Pursuant to Section 19(b)(1) of the counterparties that are active in the counterparties that will make such Securities Exchange Act of 1934 market, that up to 2,400 entities will representations. The Commission (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 provide representations that they do not expects the total labor cost per notice is hereby given that on May 30, meet the criteria necessary to be U.S. respondent will be approximately 2019, Miami International Securities persons. $666.67 12 when annualized over three Exchange, LLC (‘‘MIAX Options’’ or the As with representations regarding years. ‘‘Exchange’’) filed with the Securities whether a transaction is conducted Written comments are invited on: (a) and Exchange Commission through a foreign branch, the Whether the proposed collection of (‘‘Commission’’) a proposed rule change Commission estimates the maximum information is necessary for the proper as described in Items I, II, and III below, total third-party disclosure burden performance of the functions of the which Items have been prepared by the associated with developing new Commission, including whether the Exchange. The Commission is representations will be, for each information shall have practical utility; publishing this notice to solicit counterparty that will make such (b) the accuracy of the Commission’s comments on the proposed rule change representations, no more than five hours estimates of the burden of the proposed from interested persons. and up to $2,000 for the services of collection of information; (c) ways to outside professionals, for a maximum of enhance the quality, utility, and clarity I. Self-Regulatory Organization’s approximately 12,000 hours or 4,000 of the information collected; and (d) Statement of the Terms of Substance of hours per year when annualized over ways to minimize the burden of the the Proposed Rule Change three years, across all security-based collection of information on The Exchange is filing a proposal to swap counterparties that will make such respondents, including through the use amend Rule 510, Minimum Price representations. This estimate assumes of automated collection techniques or Variations and Minimum Trading little or no reliance on standardized other forms of information technology. Increments, Interpretation and Policy disclosure language. Consideration will be given to .01 to extend the pilot program for the The Commission expects that the comments and suggestions submitted in quoting and trading of certain options in majority of the burden associated with writing within 60 days of this pennies. the new disclosure requirements will be publication. experienced during the first year as An agency may not conduct or The text of the proposed rule change language is developed and trading sponsor, and a person is not required to is available on the Exchange’s website at documentation is amended. After the respond to, a collection of information http://www.miaxoptions.com/rule- new representations are developed and under the PRA unless it displays a filings/ at MIAX Options’ principal incorporated into trading currently valid OMB control number. office, and at the Commission’s Public documentation, the Commission Please direct your written comments Reference Room. believes that the annual third-party to: Charles Riddle, Acting Director/Chief II. Self-Regulatory Organization’s disclosure burden associated with this Information Officer, Securities and Statement of the Purpose of, and requirement will be no more than Exchange Commission, c/o Candace Statutory Basis for, the Proposed Rule approximately 10 hours per Kenner, 100 F Street NE, Washington, Change counterparty for verifying DC 20549, or send an email to: PRA_ representations with existing [email protected]. In its filing with the Commission, the counterparties and onboarding new Dated: June 7, 2019. Exchange included statements counterparties, for a maximum of Eduardo A. Aleman, concerning the purpose of and basis for 9 the proposed rule change and discussed approximately 24,000 hours across all Deputy Secretary. any comments it received on the applicable security-based swap [FR Doc. 2019–12423 Filed 6–11–19; 8:45 am] counterparties. proposed rule change. The text of these The Commission believes that some of BILLING CODE 8011–01–P statements may be examined at the the entities that will have to comply places specified in Item IV below. The 10 2,400 (total number of entities) * $2,000 = $4,800,000. Exchange has prepared summaries, set 8 $33,333 (total labor cost to seek outside counsel 11 $4,800,000 (total cost over three years) ÷ 3 years forth in sections A, B, and C below, of per year) ÷ 50 (estimated number of entities that = $1,600,000. the most significant aspects of such will seek outside counsel to help them develop new 12 $1,600,000 (total labor cost to seek outside statements. representations contemplated by Rule 3a71– counsel per year) ÷ 2,400 (estimated number of 3(a)(3)(ii)) = $666.67. entities that will seek outside counsel to help them 9 2,400 (total number of entities) * 10 hours = develop new representations contemplated by Rule 1 15 U.S.C. 78s(b)(1). 24,000 hours 3a71–3(4)(iv)) = $666.67. 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27386 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

A. Self-Regulatory Organization’s In particular, the proposed rule action is necessary or appropriate in the Statement of the Purpose of, and change, which extends the Penny Pilot public interest, for the protection of Statutory Basis for, the Proposed Rule Program for six months, allows the investors, or otherwise in furtherance of Change Exchange to continue to participate in a the purposes of the Act. If the program that has been viewed as Commission takes such action, the 1. Purpose beneficial to traders, investors and Commission shall institute proceedings The Exchange is a participant in an public customers and viewed as to determine whether the proposed rule industry-wide pilot program that successful by the other options should be approved or disapproved. exchanges participating in it. provides for the quoting and trading of IV. Solicitation of Comments certain option classes in penny B. Self-Regulatory Organization’s Interested persons are invited to increments (the ‘‘Penny Pilot Program’’ Statement on Burden on Competition or ‘‘Program’’). The Penny Pilot Program submit written data, views, and allows the quoting and trading of certain The Exchange does not believe that arguments concerning the foregoing, option classes in minimum increments the proposed rule change will impose including whether the proposed rule of $0.01 for all series in such option any burden on competition that is not change is consistent with the Act. classes with a price of less than $3.00; necessary or appropriate in furtherance Comments may be submitted by any of and in minimum increments of $0.05 for of the purposes of the Act. Specifically, the following methods: the Exchange believes that, by extending all series in such option classes with a Electronic Comments price of $3.00 or higher. Options the expiration of the Pilot Program, the • Use the Commission’s internet overlying the PowerShares QQQTM proposed rule change will allow for comment form (http://www.sec.gov/ (‘‘QQQ’’), SPDR® S&P 500® ETF further analysis of the Penny Pilot ® Program and a determination of how the rules/sro.shtml); or (‘‘SPY’’), and iShares Russell 2000 ETF • Send an email to rule-comments@ (‘‘IWM’’), however, are quoted and Program should be structured in the future. In doing so, the proposed rule sec.gov. Please include File Number SR– traded in minimum increments of $0.01 MIAX–2019–27 on the subject line. for all series regardless of the price. The change will also serve to promote Penny Pilot Program was initiated at the regulatory clarity and consistency, Paper Comments thereby reducing burdens on the then existing option exchanges in • Send paper comments in triplicate January 2007 3 and currently includes marketplace, facilitating investor protection, and fostering a competitive to Secretary, Securities and Exchange more than 300 of the most active option environment. In addition, consistent Commission, 100 F Street NE, classes. The Penny Pilot Program is with previous practices, the Exchange Washington, DC 20549–1090. currently scheduled to expire on June believes the other options exchanges All submissions should refer to File 30, 2019.4 The purpose of the proposed will be filing similar extensions of the Number SR–MIAX–2019–27. This file rule change is to extend the Penny Pilot Penny Pilot Program. number should be included on the Program in its current format through subject line if email is used. To help the December 31, 2019. C. Self-Regulatory Organization’s Commission process and review your Statement on Comments on the 2. Statutory Basis comments more efficiently, please use Proposed Rule Change Received From only one method. The Commission will The Exchange believes that its Members, Participants, or Others post all comments on the Commission’s proposed rule change is consistent with Written comments were neither internet website (http://www.sec.gov/ Section 6(b) of the Act 5 in general, and solicited nor received. rules/sro.shtml). Copies of the furthers the objectives of Section 6(b)(5) submission, all subsequent 6 III. Date of Effectiveness of the of the Act in particular, in that it is amendments, all written statements Proposed Rule Change and Timing for designed to prevent fraudulent and with respect to the proposed rule Commission Action manipulative acts and practices, to change that are filed with the promote just and equitable principles of Because the foregoing proposed rule Commission, and all written trade, to foster cooperation and change does not: (i) Significantly affect communications relating to the coordination with persons engaged in the protection of investors or the public proposed rule change between the facilitating transactions in securities, to interest; (ii) impose any significant Commission and any person, other than remove impediments to and perfect the burden on competition; and (iii) become those that may be withheld from the mechanisms of a free and open market operative for 30 days after the date of public in accordance with the and a national market system and, in the filing, or such shorter time as the provisions of 5 U.S.C. 552, will be general, to protect investors and the Commission may designate, it has available for website viewing and public interest. become effective pursuant to 19(b)(3)(A) printing in the Commission’s Public of the Act 7 and Rule 19b–4(f)(6) 8 Reference Room, 100 F Street NE, 3 See Securities Exchange Act Release Nos. 55154 thereunder. Washington, DC 20549, on official (January 23, 2007), 72 FR 4743 (February 1, 2007) At any time within 60 days of the business days between the hours of (SR–CBOE–2006–92); 55161 (January 24, 2007), 72 filing of the proposed rule change, the 10:00 a.m. and 3:00 p.m. Copies of the FR 4754 (February 1, 2007) (SR–ISE–2006–62); Commission summarily may 54886 (December 6, 2006), 71 FR 74979 (December filing also will be available for 13, 2006) (SR–Phlx–2006–74); 54590 (October 12, temporarily suspend such rule change if inspection and copying at the principal 2006), 71 FR 61525 (October 18, 2006) (SR– it appears to the Commission that such office of the Exchange. All comments NYSEArca–2006–73); and 54741 (November 9, received will be posted without change. 2006), 71 FR 67176 (November 20, 2006) (SR– 7 15 U.S.C. 78s(b)(3)(A). Amex–2006–106). Persons submitting comments are 8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4 See Securities Exchange Act Release No. 84864 4(f)(6) requires a self-regulatory organization to give cautioned that we do not redact or edit (December 19, 2018), 83 FR 66778 (December 27, the Commission written notice of its intent to file personal identifying information from 2018) (SR–MIAX–2018–38) (extending the Penny the proposed rule change at least five business days Pilot Program from December 31, 2018 to June 30, comment submissions. You should prior to the date of filing of the proposed rule submit only information that you wish 2019). change, or such shorter time as designated by the 5 15 U.S.C. 78f(b). Commission. The Exchange has satisfied this to make available publicly. All 6 15 U.S.C. 78f(b)(5). requirement. submissions should refer to File

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00156 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27387

Number SR–MIAX–2019–27 and should is publishing this notice to solicit The Exchange states that FINRA will be submitted on or before July 3, 2019. comments on Amendment No. 1 from continue to perform certain functions, For the Commission, by the Division of interested persons, and is approving the including, among other things: (1) The Trading and Markets, pursuant to delegated proposed rule change, as modified by investigation and enforcement of authority.9 Amendment No. 1, on an accelerated conduct occurring on the BX equity Eduardo A. Aleman, basis. market that also relates to cross market activity on non-Nasdaq-affiliated Deputy Secretary. II. Description of the Proposal [FR Doc. 2019–12335 Filed 6–11–19; 8:45 am] exchanges; (2) the handling of contested Since its acquisition by The NASDAQ BILLING CODE 8011–01–P disciplinary proceedings arising out of OMX Group, Inc., the Exchange has BX Regulation-led investigation and contracted with FINRA through various enforcement activities; 12 and (3) matters SECURITIES AND EXCHANGE regulatory services agreements to covered by agreements to allocate COMMISSION perform certain regulatory functions on regulatory responsibility under Rule its behalf.5 At the same time, the 17d–2 of the Act.13 [Release No. 34–86051; File No. SR–BX– Exchange has retained operational 2019–002] responsibility for a number of regulatory III. Discussion and Commission Findings Self-Regulatory Organizations; Nasdaq functions, including real-time BX, Inc.; Notice of Filing of surveillance and most surveillance After careful review, the Commission 6 Amendment No. 1 and Order Granting related to its affiliated options markets. finds that the proposed rule change, as Accelerated Approval of a Proposed The Exchange now proposes to modified by Amendment No. 1, is Rule Change, as Modified by reallocate operational responsibility consistent with the requirements of the Amendment No. 1, To Reassign from FINRA to the Exchange’s Act and the rules and regulations 7 Certain Investigation and Enforcement Regulation Department for certain thereunder applicable to a national 14 Functions Under the Exchange’s investigation and enforcement activities, securities exchange and, in particular, Authority and Supervision specifically: (1) Investigation and with Sections 6(b)(5) and 6(b)(7) of the enforcement responsibilities for conduct Act.15 As noted above, since its June 6, 2019. occurring on The BX Options Market,8 acquisition by The NASDAQ OMX I. Introduction and (2) investigation and enforcement Group, Inc., the Exchange has responsibilities for conduct occurring contracted with FINRA through various On April 5, 2019, Nasdaq BX, Inc. on BX’s equity market only (i.e., not also regulatory services agreements to (‘‘Exchange’’ or ‘‘BX’’) filed with the on non-Nasdaq-affiliated equities perform certain regulatory functions on Securities and Exchange Commission markets).9 The Exchange states that it its behalf.16 BX Rule 0150 requires that, (‘‘Commission’’), pursuant to Section anticipates a phased transition whereby unless BX obtains prior Commission 19(b)(1) of the Securities Exchange Act it would assume increasing approval, the regulatory functions of 1934 (‘‘Act’’) 1 and Rule 19b–4 investigation and enforcement subject to the regulatory services thereunder,2 a proposed rule change to responsibility throughout 2019 and into agreement in effect at the time when BX assume operational responsibility for 2020.10 The Exchange also anticipates executed the agreement in 2008 must at certain investigation and enforcement transitioning certain matters currently all times continue to be performed by functions currently performed by the pending with FINRA to the Exchange’s FINRA or an affiliate thereof or by Financial Industry Regulatory Authority Enforcement Department if the another independent self-regulatory (‘‘FINRA’’) under the Exchange’s Exchange’s Enforcement Department organization. The Exchange now authority and supervision. The believes doing so is consistent with proposes to reallocate operational proposed rule change was published for ensuring prompt resolution of responsibility for the specific comment in the Federal Register on regulatory matters.11 investigation and enforcement activities April 24, 2019.3 On May 2, 2019, the discussed above from FINRA to the Exchange filed Amendment No. 1 to the 5 See Amendment No. 1, supra note 4 at 4. proposed rule change, which amended 6 See id. at 4–5. 12 The Exchange states that, for example, pursuant and replaced the proposed rule change 7 The Exchange’s Regulation Department includes to Rule 9216, if at the conclusion of a BX as originally filed.4 The Commission did the Exchange’s Enforcement Department. See id. at Regulation-led investigation, BX Regulation has not receive any comment letters on the 6 n.7. The Exchange states that the staff that reason to believe that a violation occurred but the comprises the Exchange’s Regulation Department is Respondent disputes the violation and therefore proposed rule change. The Commission the same that comprises the Nasdaq Regulation does not execute an Acceptance, Waiver, and Department. See id. Consent (‘‘AWC’’) letter, or if the Respondent 9 17 CFR 200.30–3(a)(12). 8 The Exchange states that, as appropriate, the executes the AWC letter but the Exchange Review 1 15 U.S.C. 78s(b)(1). Exchange’s Regulation Department will coordinate Council, Review Subcommittee, or FINRA’s Office 2 17 CFR 240.19b–4. with other self-regulatory organizations to the of Disciplinary Affairs does not accept the executed 3 See Securities Exchange Act Release No. 85691 extent it is investigating activity occurring on non- letter, the Exchange may decide to pursue formal (April 18, 2019), 84 FR 17219. Nasdaq-affiliated options markets to ensure no disciplinary proceedings. In such a case, the Exchange would refer the matter to FINRA to 4 In Amendment No. 1, the Exchange: (1) Clarified regulatory duplication occurs. See id. at 6 n.8. 9 handle the formal disciplinary proceedings on its that the staff performing surveillance work on See id. at 5–6. The Exchange believes its behalf. FINRA’s Office of Hearing Officers will behalf of BX’s options and equities markets is the expertise in its own market structure, coupled with continue to be responsible for the administration of same that performs surveillance work on behalf of its expertise in surveillance activities, would enable the hearing process. See id. at 8 n.15. all The Nasdaq Stock Market LLC (‘‘Nasdaq’’)- it to conduct investigation and enforcement 13 affiliated equities and options markets; (2) clarified responsibilities for the Exchange effectively, See id. at 8. The Exchange represents that, as the equities surveillance patterns and related efficiently, and with immediacy. See id. at 7. The with all investigation and enforcement work, all review functions that were previously reallocated Exchange also states that Commission approval of tasks delegated to FINRA are subject to BX’s from FINRA to the Exchange; (3) clarified that the the proposal would allow it to better leverage its supervision and ultimate responsibility. See id. Exchange bears the ultimate responsibility for self- surveillance, investigation, and enforcement teams, 14 In approving this proposed rule change, the regulatory conduct and primary liability for self- to deliver increased efficiencies in the regulation of Commission has considered the proposed rule’s regulatory failures; and (4) made other technical, its market, and to act promptly and provide more impact on efficiency, competition, and capital clarifying, and conforming changes. Amendment effective regulation. See id. at 10. formation. See 15 U.S.C. 78c(f). No. 1 is available at https://www.sec.gov/comments/ 10 See id. at 9. 15 15 U.S.C. 78f(b)(5), (7). sr-bx-2019-002/srbx2019002-5442622-184831.pdf. 11 See id. 16 See supra note 5 and accompanying text.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00157 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27388 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Exchange’s Regulation Department.17 Act. Comments may be submitted by clarify and support the proposal, and The Commission believes that the any of the following methods: did not materially change the substance Exchange could leverage its knowledge of the proposal. The Commission also Electronic Comments of its markets and members, its notes that the original proposal was experience with investigation and • Use the Commission’s internet subject to a 21-day comment period and enforcement work, and its surveillance, comment form (http://www.sec.gov/ no comments were received. investigation, and enforcement staff, in rules/sro.shtml); or Accordingly, the Commission finds • helping it to effectively and efficiently Send an email to rule-comments@ good cause, pursuant to Section 19(b)(2) conduct the reallocated investigation sec.gov. Please include File Number SR– of the Act,22 to approve the proposed and enforcement activities. The BX–2019–002 on the subject line. rule change, as modified by Amendment Commission also notes that the proposal Paper Comments No. 1, on an accelerated basis. would be an incremental reallocation of • Send paper comments in triplicate VI. Conclusion operational responsibility because the to Secretary, Securities and Exchange staff of the Exchange’s Regulation It is therefore ordered, pursuant to Commission, 100 F Street NE, Section 19(b)(2) of the Act,23 that the Department currently performs the same Washington, DC 20549–1090. investigative and enforcement work on proposed rule change (SR–BX–2019– behalf of Nasdaq PHLX LLC, Nasdaq All submissions should refer to File 002), as modified by Amendment No. 1 ISE, LLC, Nasdaq GEMX, LLC, and Number SR–BX–2019–002. This file be, and hereby is, approved on an number should be included on the Nasdaq MRX, LLC.18 Moreover, the accelerated basis. subject line if email is used. To help the Commission recently approved a similar Commission process and review your For the Commission, by the Division of proposal by Nasdaq to reallocate Trading and Markets, pursuant to delegated comments more efficiently, please use operational responsibility for specific authority.24 only one method. The Commission will investigation and enforcement activities Eduardo A. Aleman, post all comments on the Commission’s from FINRA to Nasdaq.19 In addition, internet website (http://www.sec.gov/ Deputy Secretary. the Exchange states that BX Regulation rules/sro.shtml). Copies of the [FR Doc. 2019–12341 Filed 6–11–19; 8:45 am] has instituted the requisite submission, all subsequent BILLING CODE 8011–01–P infrastructure to accommodate the amendments, all written statements internalization of the investigative and with respect to the proposed rule enforcement work on behalf of the SECURITIES AND EXCHANGE 20 change that are filed with the Exchange. Furthermore, the Exchange Commission, and all written COMMISSION states that BX Regulation has developed communications relating to the [Release No. 34–86053; File No. SR–BOX– comprehensive plans covering the proposed rule change between the 2019–20] transition and has met regularly for Commission and any person, other than more than one year to ensure a smooth those that may be withheld from the Self-Regulatory Organizations; BOX transition of the work and prevent any Exchange LLC; Notice of Filing and 21 public in accordance with the gaps in regulatory coverage. provisions of 5 U.S.C. 552, will be Immediate Effectiveness of a Proposed Accordingly, the Commission believes available for website viewing and Rule Change To Amend Rule 7260 by that the proposed rule change, as printing in the Commission’s Public Extending the Penny Pilot Program modified by Amendment No. 1, is Reference Room, 100 F Street NE, Through December 31, 2019 consistent with the Act. Washington, DC 20549, on official June 6, 2019. IV. Solicitation of Comments on business days between the hours of Pursuant to Section 19(b)(1) of the Amendment No. 1 to the Proposed Rule 10:00 a.m. and 3:00 p.m. Copies of the Securities Exchange Act of 1934 Change filing also will be available for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 inspection and copying at the principal notice is hereby given that on June 3, Interested persons are invited to office of the Exchange. All comments submit written data, views, and 2019, BOX Exchange LLC (the received will be posted without change. ‘‘Exchange’’) filed with the Securities arguments concerning whether Persons submitting comments are Amendment No. 1 is consistent with the and Exchange Commission cautioned that we do not redact or edit (‘‘Commission’’) the proposed rule personal identifying information from change as described in Items I and II 17 See supra notes 7–9 and accompanying text. comment submissions. You should 18 below, which Items have been prepared See Amendment No. 1, supra note 4 at 7. As submit only information that you wish noted above, the staff that comprises the Exchange’ by the self-regulatory organization. The Regulation Department is the same that comprises to make available publicly. All Commission is publishing this notice to the Nasdaq Regulation Department. See supra note submissions should refer to File solicit comments on the proposed rule 7. Number SR–BX–2019–002 and should from interested persons. 19 See Securities Exchange Act Release No. 85505 be submitted on or before July 3, 2019. (April 3, 2019), 84 FR 14170 (April 9, 2019) (SR– I. Self-Regulatory Organization’s NASDAQ–2019–007). V. Accelerated Approval of Proposed Statement of the Terms of Substance of 20 See Amendment No. 1, supra note 4 at 8. Rule Change, as Modified by the Proposed Rule Change Specifically, BX has created a new investigation Amendment No. 1 and enforcement group to perform the functions The Exchange proposes to amend covered by this proposal, which included hiring The Commission finds good cause to Rule 7260 by extending the Penny Pilot additional staff. See id. at 9. The Exchange would approve the proposed rule change, as also leverage its existing staff of analysts, lawyers, Program through December 31, 2019. modified by Amendment No. 1, prior to programmers, and market structure experts to assist, The text of the proposed rule change is where necessary, with performing the new the thirtieth day after the date of functions covered by this proposal. See id. publication of notice of the filing of 22 15 U.S.C. 78s(b)(2). 21 See id. The investigatory and disciplinary Amendment No. 1 in the Federal 23 processes and related rules applicable to Exchange Id. members that FINRA currently follows on the Register. The Commission notes that, in 24 17 CFR 200.30–3(a)(12). Exchange’s behalf (i.e., the Series 8000 and 9000 Amendment No. 1, the Exchange 1 15 U.S.C. 78s(b)(1). rules) will remain the same. See id. at 9 n.17. provided additional information to 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00158 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27389

available from the principal office of the that are quoted at less than $3 per Pilot and a determination of how the Exchange, at the Commission’s Public contract and $0.05 for all quotations in Pilot should be structured in the future; Reference Room and also on the options series that are quoted at $3 per and will serve to promote regulatory Exchange’s internet website at http:// contract or greater. QQQQ, SPY, and clarity and consistency, thereby boxoptions.com. IWM will continue to be quoted in $0.01 reducing burdens on the marketplace increments for all options series. and facilitating investor protection. The II. Self-Regulatory Organization’s The Exchange may replace any Pilot Pilot is an industry wide initiative Statement of the Purpose of, and Program classes that have been delisted supported by all other option Statutory Basis for, the Proposed Rule on the second trading day in the first exchanges. The Exchange believes that Change month of each quarter. The Exchange extending the Pilot will allow for In its filing with the Commission, the notes that the replacement classes will continued competition between market self-regulatory organization included be selected based on trading activity in participants on the Exchange trading statements concerning the purpose of, the previous six months. The Exchange similar products as their counterparts and basis for, the proposed rule change will employ the same parameters to on other exchanges, while at the same and discussed any comments it received prospective replacement classes as time allowing the Exchange to continue on the proposed rule change. The text approved and applicable under the Pilot to compete for order flow with other of these statements may be examined at Program, including excluding high- exchanges in option issues trading as the places specified in Item IV below. priced underlying securities. The part of the Pilot. The self-regulatory organization has Exchange will distribute a Regulatory C. Self-Regulatory Organization’s prepared summaries, set forth in Circular notifying Participants which Statement on Comments on the Sections A, B, and C below, of the most replacement classes shall be included in Proposed Rule Change Received From significant aspects of such statements. the Penny Pilot Program. Members, Participants, or Others BOX is specifically authorized to act A. Self-Regulatory Organization’s jointly with the other options exchanges The Exchange has neither solicited Statement of the Purpose of, and participating in the Pilot Program in nor received comments on the proposed Statutory Basis for, the Proposed Rule identifying any replacement class. rule change. Change 2. Statutory Basis III. Date of Effectiveness of the 1. Purpose Proposed Rule Change and Timing for The Exchange believes that the Commission Action The Exchange proposes to extend the proposal is consistent with the effective time period of the Penny Pilot requirements of Section 6(b) of the Act,4 The Exchange has filed the proposed Program that is currently scheduled to in general, and Section 6(b)(5) of the rule change pursuant to Section expire on June 30, 2019, until December Act,5 in particular, in that it is designed 19(b)(3)(A) of the Act 6 and Rule 19b– 3 7 31, 2019. The Penny Pilot Program to prevent fraudulent and manipulative 4(f)(6) thereunder. Because the permits certain classes to be quoted in acts and practices, to promote just and foregoing proposed rule change does penny increments. The minimum price equitable principles of trade, to foster not: (i) Significantly affect the variation for all classes included in the cooperation and coordination with protection of investors or the public Penny Pilot Program, except for interest; (ii) impose any significant ® persons engaged in facilitating PowerShares QQQ Trust (‘‘QQQQ’’) , transactions in securities, and to remove burden on competition; and (iii) become SPDR S&P 500 Exchange Traded Funds impediments to and perfect the operative for 30 days after the date of (‘‘SPY’’), and iShares Russell 2000 Index mechanism of a free and open market the filing, or such shorter time as the Funds (‘‘IWM’’), will continue to be and a national market system, and, in Commission may designate, if $0.01 for all quotations in options series general protect investors and the public consistent with the protection of interest. investors and the public interest, the 3 The Penny Pilot Program has been in effect on In particular, the proposed rule proposed rule change has become the Exchange since its inception in May 2012. See change, which extends the Penny Pilot effective pursuant to 19(b)(3)(A) of the Securities Exchange Act Release Nos. 66871 (April 8 9 27, 2012), 77 FR 26323 (May 3, 2012) (File No.10– until December 31, 2019, will enable Act and Rule 19b–4(f)(6) thereunder. 206, In the Matter of the Application of BOX A proposed rule change filed under public customers and other market 10 Options Exchange LLC for Registration as a participants to express their true prices Rule 19b–4(f)(6) normally does not National Securities Exchange Findings, Opinion, to buy and sell options for the benefit become operative prior to 30 days after and Order of the Commission), 67328 (June 29, the date of filing. However, pursuant to 2012), 77 FR 40123 (July 6, 2012) (SR–BOX–2012– of all market participants. This is 11 007), 68425 (December 13, 2012), 77 FR 75234 consistent with the Act. Rule 19b–4(f)(6)(iii), the Commission (December 19, 2013) (SR–BOX–2012–021), 69789 may designate a shorter time if such (June 18, 2013), 78 FR 37854 (June 24, 2013) (SR– B. Self-Regulatory Organization’s action is consistent with the protection BOX–2013–31), 71056 (December 12, 2013), 78 FR Statement on Burden on Competition of investors and the public interest. The 76691 (December 18, 2013) (SR–BOX–2013–56), 72348 (June 9, 2014), 79 FR 33976 (June 13, 2014) The Exchange does not believe that Exchange has asked the Commission to (SR–BOX–2014–17), 73822 (December 11, 2014), 79 the proposed rule change will impose waive the 30-day operative delay so that FR 75606 (December 18, 2014) (SR–BOX–2014–29), any burden on competition not 75295 (June 25, 2015), 80 FR 37690 (July 1, 2015) 6 15 U.S.C. 78s(b)(3)(A). (SR–BOX–2015–23), 78172 (June 28, 2016), 81 FR necessary or appropriate in furtherance 7 17 CFR 240.19b–4(f)(6). 43325 (July 1, 2016) (SR–BOX–2016–24), 79429 of the purposes of the Act. To the 8 (November 30, 2016), 81 FR 87991 (December 6, contrary, this proposal is pro- 15 U.S.C. 78s(b)(3)(A). 9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 2016) (SR–BOX–2016–55), 80828 (May 31, 2017), competitive because it allows Penny 82 FR 26175 (June 6, 2017) (SR–BOX–2017–18), 4(f)(6) requires a self-regulatory organization to give 82353 (December 19, 2017) 82 FR 61087 (December Pilot issues to continue trading on the the Commission written notice of its intent to file 26, 2017) (SR–BOX–2017–37), and 83500 (June 22, Exchange. Moreover, the Exchange the proposed rule change at least five business days 2018), 83 FR 30471 (June 28, 2018) (SR–BOX–2018– believes that the proposed rule change prior to the date of filing of the proposed rule change, or such shorter time as designated by the 23), and 84869 (December 19, 2018), 83 FR 66806 will allow for further analysis of the (December 27, 2018) (SR–BOX–2018–38). The Commission. The Exchange has satisfied this extension of the effective date is the only change requirement. to the Penny Pilot Program being proposed at this 4 15 U.S.C. 78f(b). 10 17 CFR 240.19b–4(f)(6). time. 5 15 U.S.C. 78f(b)(5). 11 17 CFR 240.19b–4(f)(6)(iii).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00159 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27390 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

the proposal may become operative amendments, all written statements the INA (8 U.S.C. 1189), shall be immediately upon filing. The with respect to the proposed rule maintained. Commission believes that waiving the change that are filed with the This determination shall be published 30-day operative delay is consistent Commission, and all written in the Federal Register. with the protection of investors and the communications relating to the Dated: May 23, 2019. public interest because doing so will proposed rule change between the John J. Sullivan, allow the Pilot Program to continue Commission and any person, other than Deputy Secretary of State, Department of without interruption in a manner that is those that may be withheld from the State. consistent with the Commission’s prior public in accordance with the [FR Doc. 2019–12381 Filed 6–11–19; 8:45 am] approval of the extension and expansion provisions of 5 U.S.C. 552, will be BILLING CODE 4710–AD–P of the Pilot Program.12 Accordingly, the available for website viewing and Commission designates the proposed printing in the Commission’s Public rule change as operative upon filing Reference Room, on official business DEPARTMENT OF STATE with the Commission.13 days between the hours of 10:00 a.m. At any time within 60 days of the and 3:00 p.m., located at 100 F Street [Public Notice 10788] filing of the proposed rule change, the NE, Washington, DC 20549. Copies of 60 Day Notice of Proposed Information Commission summarily may such filing also will be available for Collection: Statement of Consent: temporarily suspend such rule change if inspection and copying at the principal Issuance of a U.S. Passport to a Minor it appears to the Commission that such office of the Exchange. All comments action is necessary or appropriate in the received will be posted without change. ACTION: Notice of request for public public interest, for the protection of Persons submitting comments are comment. investors, or otherwise in furtherance of cautioned that we do not redact or edit the purposes of the Act. If the personal identifying information from SUMMARY: The Department of State is Commission takes such action, the comment submissions. You should seeking Office of Management and Commission shall institute proceedings submit only information that you wish Budget (OMB) approval for the to determine whether the proposed rule to make available publicly. All information collection described below. should be approved or disapproved. submissions should refer to File In accordance with the Paperwork Reduction Act of 1995, we are IV. Solicitation of Comments Number SR–BOX–2019–20 and should be submitted on or before July 3, 2019. requesting comments on this collection Interested persons are invited to from all interested individuals and For the Commission, by the Division of submit written data, views and organizations. The purpose of this Trading and Markets, pursuant to delegated notice is to allow 60 days for public arguments concerning the foregoing, authority.14 comment preceding submission of the including whether the proposed rule Eduardo A. Aleman, change is consistent with the Act. collection to OMB. Deputy Secretary. Comments may be submitted by any of DATES: The Department will accept the following methods: [FR Doc. 2019–12343 Filed 6–11–19; 8:45 am] comments from the public up to August BILLING CODE 8011–01–P 12, 2019. Electronic Comments ADDRESSES: You may submit comments • Use the Commission’s internet by any of the following methods: comment form (http://www.sec.gov/ DEPARTMENT OF STATE • Web: Persons with access to the rules/sro.shtml); or internet may comment on this notice by • Send an email to rule-comments@ [Public Notice: 10794] going to www.Regulations.gov. You can sec.gov. Please include File Number SR– search for the document by entering BOX–2019–20 on the subject line. Review of the Designation as a Foreign ‘‘Docket Number: DOS–2019–0015’’ in Terrorist Organization of Shining Path Paper Comments the Search field. Then click the (and Other Aliases) ‘‘Comment Now’’ button and complete • Send paper comments in triplicate Based upon a review of the the comment form. to Secretary, Securities and Exchange • Email: [email protected]. Commission, 100 F Street NE, Administrative Record assembled • Regular Mail: Send written Washington, DC 20549–1090. pursuant to Section 219(a)(4)(C) of the comments to: PPT Forms Officer, U.S. All submissions should refer to File Immigration and Nationality Act, as Department of State, CA/PPT/S/PMO/ Number SR–BOX–2019–20. This file amended (8 U.S.C. 1189(a)(4)(C)) CR, 44132 Mercure Cir, PO Box 1199, number should be included on the (‘‘INA’’), and in consultation with the Sterling, VA 20166–1199. subject line if email is used. To help the Attorney General and the Secretary of You must include the DS form Commission process and review your the Treasury, I conclude that the number (if applicable), information comments more efficiently, please use circumstances that were the basis for the collection title, and the OMB control only one method. The Commission will designation of the aforementioned number in any correspondence. organization as a Foreign Terrorist post all comments on the Commission’s SUPPLEMENTARY INFORMATION: internet website (http://www.sec.gov/ Organization have not changed in such • Title of Information Collection: rules/sro.shtml). Copies of the a manner as to warrant revocation of the Statement of Consent: Issuance of a U.S. submission, all subsequent designation and that the national Passport to a Minor. security of the United States does not • OMB Control Number: 1405–0129. • 12 See Securities Exchange Release No. 61061 warrant a revocation of the designation. Type of Request: Revision of a (November 24, 2009), 74 FR 62857 (December 1, Therefore, I hereby determine that the Currently Approved Collection. 2009) (SR–NYSEArca–2009–44). designation of the aforementioned • Originating Office: Bureau of 13 For purposes only of waiving the operative organization as a Foreign Terrorist Consular Affairs, Passport Services, delay for this proposal, the Commission has Organization, pursuant to Section 219 of considered the proposed rule’s impact on Office of Program Management and efficiency, competition, and capital formation. See Operational Support (CA/PPT/S/PMO/ 15 U.S.C. 78c(f). 14 17 CFR 200.30–3(a)(12). CR).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00160 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27391

• Form Number: DS–3053. DEPARTMENT OF TRANSPORTATION comments in the request for OMB’s • Respondents: Individuals. clearance of this information collection. • Estimated Number of Respondents: Federal Aviation Administration OMB Control Number: 2120–0720. Title: Same title as above. 523,213. [Docket No. FAA–2019–0369] • Estimated Number of Responses: Form Numbers: N/A. 523,213. Agency Information Collection Type of Review: Renewal. Background: The FAA established • Average Time per Response: 20 Activities: Requests for Comments; requirements for human space flight of minutes. Clearance of a Renewed Approval of crew and space flight participants as • Total Estimated Burden Time: Information Collection: Human Space required by the Commercial Space 174,404 hours. Flight Requirements for Crew and Launch Amendments Act of 2004. The • Frequency: On occasion. Space Flight Participants • Obligation to Respond: Required to information collected is used by the Obtain or Retain a Benefit. AGENCY: Federal Aviation FAA, a licensee or permittee, a space We are soliciting public comments to Administration (FAA), DOT. flight participant, or a crew member. permit the Department to: ACTION: Notice and request for The FAA uses the information to ensure • Evaluate whether the proposed comments. that a launch or reentry operation information collection is necessary for involving a human on board a vehicle the proper functions of the Department. SUMMARY: In accordance with the will meet the risk criteria and • Evaluate the accuracy of our Paperwork Reduction Act of 1995, FAA requirements to ensure public safety. estimate of the time and cost burden for invites public comments about our Respondents: All commercial space this proposed collection, including the intention to request the Office of entities that propose to conduct a validity of the methodology and Management and Budget (OMB) launch or reentry with flight crew or assumptions used. approval to renew an information space flight participants on board must • Enhance the quality, utility, and collection. The collection involves comply with this collection. clarity of the information to be information demonstrating that a launch Frequency: Information is collected collected. or reentry operation involving a human on occasion. • Minimize the reporting burden on participant will meet the risk criteria Estimated Average Burden per those who are to respond, including the and requirements to ensure public Response: 4 hours. use of automated collection techniques safety. The information to be collected Estimated Total Annual Burden: 808 or other forms of information is necessary for the FAA to assess crew hours. technology. qualification and training; for operators Issued in Washington, DC, on June 4, 2019. Please note that comments submitted to inform space flight participants and Kelvin B. Coleman, in response to this Notice are public crew members of the risks associated Deputy Associate Administrator, Office of record. Before including any detailed with launch and reentry activities; for Commercial Space Transportation. personal information, you should be the implementation of waiver of claims; [FR Doc. 2019–12331 Filed 6–11–19; 8:45 am] aware that your comments as submitted, and to ensure environmental control BILLING CODE 4910–13–P including your personal information, and life support systems and other will be available for public review. systems adequately protect public health and safety. DEPARTMENT OF TRANSPORTATION Abstract of Proposed Collection DATES: Written comments should be The information collected on the DS– submitted by August 12, 2019. Maritime Administration 3053 is used to facilitate the issuance of ADDRESSES: Please send written [Docket No. DOT–MARAD–2019–0087] passports to U.S. citizens and nationals comments: under age 18. The primary purpose of By Electronic Docket: Agency Requests for Approval of a soliciting the information is to ensure www.regulations.gov (Enter docket New Information Collection(s): Report that parents and/or guardians consent to number into search field). of Ocean Shipments Moving Under the the issuance of a passport to a minor By mail: Shirley McBride, Program Cargo Preference Act of 1954—Bill of when required by 22 CFR 51.28. Manager, AST–300; 800 Independence Lading Avenue SW, Washington, DC 20591. Methodology AGENCY: Maritime Administration, DOT. By fax: 202–267–5463. The Department collects information ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT: from the parents or legal guardians of comments. Shirley McBride by email at: U.S. national minors when they [email protected]; phone: 202– complete and submit the Statement of SUMMARY: The Department of 267–7470. Consent: Issuance of a Passport to a Transportation (DOT) invites public Minor. Passport applicants can either SUPPLEMENTARY INFORMATION: comments about our intention to request download the DS–3053 from the Public Comments Invited: You are the Office of Management and Budget internet or obtain one from an asked to comment on any aspect of this (OMB) approval for a new information Acceptance Facility/Passport Agency. information collection, including (a) collection. The collection involves The form must be completed, signed, whether the proposed collection of ocean carrier bill of lading information and submitted along with the information is necessary for FAA’s that will be used to ensure proper and applicant’s DS–11, Application for a performance; (b) the accuracy of the timely shipment of government U.S. Passport. estimated burden; (c) ways for FAA to impelled cargoes, and to ensure enhance the quality, utility and clarity compliance with cargo preference Barry J. Conway, of the information collection; and (d) statutes. Aggregate data will be used for Acting Deputy Assistant Secretary for ways that the burden could be statistical purposes. We are required to Passport Services. minimized without reducing the quality publish this notice in the Federal [FR Doc. 2019–12408 Filed 6–11–19; 8:45 am] of the collected information. The agency Register by the Paperwork Reduction BILLING CODE 4710–06–P will summarize or include your Act of 1995.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00161 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27392 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

DATES: Written comments should be information collection, including (a) FOR FURTHER INFORMATION CONTACT: For submitted by August 12, 2019. Whether the proposed collection of electronic stability control: David ADDRESSES: You may submit comments information is necessary for the Jasinski. For air bags: Daniel Koblenz. [identified by Docket No. DOT–OST– Department’s performance; (b) the Both of these officials can be reached at: 2019–0087] through one of the accuracy of the estimated burden; (c) Office of Chief Counsel, National following methods: ways for the Department to enhance the Highway Traffic Safety Administration, • Federal eRulemaking Portal: http:// quality, utility and clarity of the 1200 New Jersey Avenue SE, www.regulations.gov. Follow the online information collection; and (d) ways Washington, DC 20590. Telephone: instructions for submitting comments. that the burden could be minimized 202–366–2992; Facsimile: 202–366– • Fax: 1 (202) 493–2251. without reducing the quality of the 3820. • Mail or Hand Delivery: Docket collected information. The agency will ADDRESSES: You may submit your Management Facility, U.S. Department summarize and/or include your comment, identified by the docket of Transportation, 1200 New Jersey comments in the request for OMB’s number in the heading of this Avenue SE, West Building, Room W12– clearance of this information collection. document, by any of the following 140, Washington, DC 20590, between 9 (Authority: The Paperwork Reduction Act of methods: a.m. and 5 p.m., Monday through 1995; 44 U.S.C. Chapter 35, as amended; and • Federal eRulemaking Portal: Go to Friday, except on Federal holidays. 49 CFR 1.93.) http://www.regulations.gov. Follow the FOR FURTHER INFORMATION CONTACT: Mr. *** online instructions for submitting Lalit Raina, (202) 366–2314, Dated: June 6, 2019. comments. [email protected], Office of Cargo By Order of the Maritime Administrator. • Fax: 1–202–493–2251. and Commercial Sealift, Maritime • Mail: U.S. Department of Administration, U.S. Department of T. Mitchell Hudson, Jr., Secretary, Maritime Administration. Transportation, Docket Operations, M– Transportation, 1200 New Jersey 30, Room W12–140, 1200 New Jersey [FR Doc. 2019–12330 Filed 6–11–19; 8:45 am] Avenue SE, Washington, DC 20590. Avenue SE, Washington, DC 20590. SUPPLEMENTARY INFORMATION: BILLING CODE 4910–81–P • Hand Delivery: 1200 New Jersey OMB Control Number: 2133–NEW. Avenue SE, West Building Ground Title: Report of Ocean Shipments DEPARTMENT OF TRANSPORTATION Floor, Room W12–140, Washington, DC, Moving Under the Cargo Preference Act between 9 a.m. and 5 p.m., Monday of 1954—Bill of Lading—46 CFR part National Highway Traffic Safety through Friday, except Federal 381. Administration Holidays. Form Numbers: None. Instructions: All submissions must Type of Review: New Information [Docket No. NHTSA–2019–0053] include the agency name and docket Collection. Background: FAR clause 52.247–64, Saleen Automotive Inc.; Receipt of number. Preference for Privately Owned U.S.- Petition for a Temporary Exemption Note that all comments received will Flag Commercial Vessels, as prescribed From all Requirements of FMVSS No. be posted without change to http:// at 47.507(a), is used in solicitations and 126 and the Air Bag Requirements of www.regulations.gov, including any contracts that may involve ocean FMVSS No. 208 personal information provided. Please transportation of supplies subject to the see the Privacy Act discussion below. AGENCY: Cargo Preference Act of 1954. The National Highway Traffic NHTSA will consider all comments contractor must submit one legible copy Safety Administration (NHTSA), received before the close of business on of a rated on-board bill of lading for Department of Transportation (DOT). the comment closing date indicated each shipment to both the contracting ACTION: Notice of receipt of a petition for above. To the extent possible, NHTSA officer and the Maritime Administration a temporary exemption, request for will also consider comments filed after (MARAD). The contractor must flow comment. the closing date. Docket: For access to the docket to this requirement down to all SUMMARY: Saleen Automotive Inc. has read background documents or subcontracts and purchase orders under petitioned NHTSA for a temporary comments received, go to http:// the contract. exemption from all requirements of The information collection procedure www.regulations.gov at any time or to Federal Motor Vehicle Safety Standard requires that the designated reporting 1200 New Jersey Avenue, SE, West (FMVSS) No. 126, ‘‘Electronic stability party send already prepared bills of Building Ground Floor, Room W12–140, control for light vehicles,’’ and from the lading as presented by the U.S.-flag and Washington, DC 20590, between 9 a.m. air bag requirements of FMVSS No. 208, foreign-flag carriers. The bills of lading and 5 p.m. Monday through Friday, ‘‘Occupant crash protection,’’ for its should be sent to MARAD within 20 except Federal Holidays. Telephone: newly-designed S1 model. Saleen is days of loading in the United States or 202–366–9826. seeking a one-year exemption from 30 days if originating outside the United Privacy Act: In accordance with 5 these standards, asserting that States. U.S.C. 553(c), DOT solicits comments compliance with these standards would Respondents: Shippers of ocean borne from the public to better inform its cause substantial economic hardship, equipment, materials, or commodities rulemaking process. DOT posts these and that it has tried in good faith to financed in any way by federal funds comments, without edit, to comply with the standards. NHTSA is (government impelled cargo). www.regulations.gov, as described in Estimated Number of Respondents: publishing this notice of receipt of the the system of records notice, DOT/ALL– 120. application in accordance with its 14 FDMS, accessible through Estimated Number of Responses: exemption regulations, and has not www.dot.gov/privacy. In order to 8,040. made any judgment on the merits of the facilitate comment tracking and Estimated Total Annual Burden application. response, the agency encourages Hours: 402. DATES: If you would like to comment on commenters to provide their name, or Public Comments Invited: You are the petition, you should submit your the name of their organization; however, asked to comment on any aspect of this comments not later than July 12, 2019. submission of names is completely

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00162 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27393

optional. Whether or not commenters submitting a petition for exemption. requirement under the ‘‘economic identify themselves, all timely These requirements are specified in 49 hardship’’ basis, one of which was comments will be fully considered. If CFR 555.5, and include a number of withdrawn and the other of which the you wish to provide comments items. Foremost among them are that agency granted.4 containing proprietary or confidential the petitioner must set forth the basis of III. Background on Air Bag information, please see below. the application under § 555.6, and the Requirements Confidential Business Information: If reasons why the exemption would be in you wish to submit any information the public interest and consistent with In 2000, NHTSA upgraded the under a claim of confidentiality, you the objectives of 49 U.S.C. chapter 301. requirements in FMVSS No. 208 for air should submit three copies of your A manufacturer is only eligible to bags in passenger cars and light trucks, complete submission, including the apply for a hardship exemption if its to require what are commonly known as information you claim to be confidential total motor vehicle production in its ‘‘advanced air bags.’’ This upgrade was business information, to the Chief most recent year of production did not intended to meet the twin goals of Counsel, NHTSA, at the address given exceed 10,000 vehicles (49 U.S.C. improving protection for occupants of under FOR FURTHER INFORMATION 30113). all sizes, belted and unbelted, in CONTACT. In addition, you should While 49 U.S.C. 30113(b) states that moderate-to-high- speed crashes, and of submit a copy, from which you have exemptions from a Safety Act standard minimizing the risks posed by air bags deleted the claimed confidential are to be granted on a ‘‘temporary to infants, children, and other business information, to Docket basis,’’ 1 this refers to the period of occupants, especially in low-speed Management at the address given above. production, and not the period during crashes. The ‘‘advanced air bag’’ rule When you send a comment containing which exempted vehicles may be was the culmination of a comprehensive information claimed to be confidential operated. The statute also expressly plan that the agency announced in 1996 business information, you should provides for renewal of an exemption on to address the adverse effects of air bags, include a cover letter setting forth the reapplication. especially with regard to out-of-position children. The rule accomplished this information specified in our II. Background on Electronic Stability primarily by establishing new test confidential business information Control Requirements regulation (49 CFR part 512). requirements and injury criteria and SUPPLEMENTARY INFORMATION: In April 2007, NHTSA published a specifying the use of an entire family of final rule establishing FMVSS No. 126, test dummies: The then-existing dummy I. Statutory Authority for Temporary to require vehicles with a gross vehicle representing 50th percentile adult Exemptions weight rating of 4,536 kilograms (kg) males, and new dummies representing The National Traffic and Motor (10,000 pounds) or less be equipped 5th percentile adult females, 6-year-old Vehicle Safety Act (Safety Act), codified with electronic stability control (ESC) children, 3-year-old children, and 1- as 49 U.S.C. Chapter 301, provides the systems. ESC systems use automatic year-old infants. The new requirements Secretary of Transportation authority to computer-controlled braking of were phased in, beginning with the exempt, on a temporary basis and under individual wheels to address critical 2004 model year. Small volume specified circumstances, motor vehicles situations in which a driver may lose manufacturers were not subject to the from a motor vehicle safety standard or control of the vehicle. advanced air bag requirements until the bumper standard. This authority is set Preventing single-vehicle loss-of- end of the phase in period, i.e., forth at 49 U.S.C. 30113. The Secretary control crashes is the most effective way September 1, 2006. has delegated the authority for to reduce deaths resulting from rollover In the years immediately following implementing this section to NHTSA. crashes. This is because most loss-of- NHTSA’s publication of the 2000 A manufacturer may request an control crashes culminate in the vehicle advanced air bag rule, NHTSA received exemption under one of four leaving the roadway, which and granted a number of ‘‘economic enumerated statutory bases, one of dramatically increases the probability of hardship’’ exemptions to permit the which is ‘‘economic hardship.’’ To grant a rollover. NHTSA’s crash data study of manufacture and sale of vehicles an economic hardship exemption, existing vehicles equipped with ESC without any air bags.5 NHTSA granted NHTSA must find that an exemption is demonstrated that these systems reduce these exemptions due to the relative consistent with the public interest and fatal single-vehicle crashes of passenger newness of the technology at the time, the Safety Act, and that ‘‘compliance cars by 55 percent and fatal single- and the high costs associated with with the standard would cause vehicle crashes of light trucks and vans developing any kind of air bag system substantial economic hardship to a (LTVs) by 50 percent.2 NHTSA for limited-run vehicles. However, by manufacturer that has tried to comply estimates that ESC has the potential to the time the advanced air bag with the standard in good faith.’’ If prevent 56 percent of the fatal passenger requirements became effective in 2006, NHTSA is able to make the requisite car rollovers and 74 percent of the fatal air bag technology had matured to the findings to grant an economic hardship LTV first-event rollovers that would point that most low-volume exemption, NHTSA is authorized to otherwise occur in single-vehicle manufacturers were seeking a hardship grant a manufacturer an exemption to crashes.3 exemption from only the advanced air produce for sale or otherwise deploy in The ESC requirement became bag requirements in FMVSS No. 208. interstate commerce not more than effective for substantially all light 10,000 motor vehicles annually, on such vehicles on September 1, 2011. Since 4 See Terrafugia, Inc.; Grant of Application for terms NHTSA deems appropriate. then, NHTSA has received two Temporary Exemption From Certain Requirements exemption requests from the ESC of FMVSS No. 110, Tire Selection and Rims for NHTSA established Part 555, Motor Vehicles, FMVSS No. 126, Electronic Temporary Exemption from Motor Stability Control Systems, FMVSS No. 205, Glazing Vehicle Safety and Bumper Standards, 1 49 U.S.C. 30113(b)(1). Materials, and FMVSS No. 208, Occupant Crash to implement the statutory provisions 2 Sivinski, R., Crash Prevention Effectiveness of Protection, 76 FR 38270 (June 1, 2012). Light-Vehicle Electronic Stability Control: An 5 E.g., Panoz Auto Development Company; Grant concerning temporary exemptions. Update of the 2007 NHTSA Evaluation; DOT HS of Application for Temporary Exemption From Under Part 555, a petitioner must 811 486 (June 2011). Federal Motor Vehicle Safety Standard No. 208, 66 provide specified information in 3 Id. FR 6757 (Jan. 22, 2001).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00163 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27394 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Those manufacturers were providing petitions request an exemption on the states that it will take approximately 15 standard (non-advanced) air bags, even basis that compliance would cause the months to develop and validate an ESC when they found that advanced air bags petitioner substantial economic system and that sales from an exempt were still not economically feasible.6 hardship and that the petitioner has vehicle can be used to finance that Given the increased availability of non- tried in good faith to comply with the development. Without an exemption, advanced air bags to low-volume standard. To view non-confidential Saleen states that it may not be able to manufacturers, NHTSA announced in versions of the petitions, go to http:// sustain the development of the vehicle, 2007 that ‘‘it is generally not in the www.regulations.gov and enter the which would cause financial hardship public interest or consistent with the docket number set forth in the heading to the company. Safety Act to grant new economic of this document. For administrative Saleen states that, as an alternative to hardship exemptions to permit light purposes, NHTSA is addressing both having an ESC system developed vehicles to be sold without air bags.’’ 7 petitions in this notice. NHTSA will specifically for the S1, it sought to use As advanced air bag systems have evaluate the merits of granting each an available ESC system from another become increasingly feasible for small exemption request separately. However, vehicle in the automotive market. manufacturers to provide, NHTSA has as part of the assessment of the merits However, Saleen found that all ESC become increasingly skeptical of of each petition, NHTSA will also systems are designed to the specific granting exemptions from advanced air consider the cumulative effect of geometry, deployment, occupant bag requirements, noting in 2011 that granting multiple exemptions to the arrangement, and styling features of a ‘‘the expense of advanced air bag same manufacturer for the same vehicle. vehicle. technology is not now sufficient, in and Saleen is a U.S. company Air Bags of itself, to justify the grant of a petition incorporated under the laws of the State for a hardship exemption from the of Nevada. Saleen’s headquarters is in It appears from the petition that advanced air bag requirements.’’ 8 Since Corona, California. Saleen has not exempted vehicles will not be equipped announcing this change in policy, manufactured any vehicles in the 12 with frontal air bags of any type (neither NHTSA has received two very limited months prior to filing its exemption standard nor advanced). Saleen asserts requests for an exemption from requests. that it will need to expend 3,300 man- Saleen seeks an exemption to permit hours to develop air bags that comply advanced air bag requirements based on 12 economic hardship, both of which the the manufacture and sale of its S1 with FMVSS No. 208. Saleen states agency granted.9 model, which is a new passenger car that the expenditures toward a model. Saleen provides various vehicle compliant occupant crash protection IV. Overview of Petitions and engine specifications for the S1 in system would be the same whether it On March 14, 2019, Saleen its petitions. Saleen seeks a one-year receives an exemption or not. However, Automotive Inc. (Saleen) submitted a exemption from June 15, 2019 to June Saleen states that it will take petition for a temporary exemption from 15, 2020. Saleen states that it plans to approximately 18 months to develop the electronic stability control and validate an occupant crash produce no more than 3,500 units under 13 14 requirements of FMVSS No. 126. On the the exemption in the United States. protection system, and that sales same date, Saleen separately sought an Saleen states that it expects to fully from an exempt vehicle can be used to exemption from the air bag comply with both FMVSS Nos. 126 and finance that development. Without an exemption, Saleen states that it may not requirements of FMVSS No. 208.10 Both 208 at the end of the one-year be able to sustain the development of exemption period. 6 E.g., Ferrari S.p.A and Ferrari North America, the vehicle, which would cause Inc. Grant of Application for a Temporary Electronic Stability Control (ESC) financial hardship to the company. Exemption From S14.2 of Federal Motor Vehicle It appears from the petition that Saleen states that it tried three Safety Standard No. 208, 71 FR 166 (May 22, 2006). separate avenues to achieve compliance 7 exempted vehicles will not be equipped SS II of America, Inc.; Denial of Application for with FMVSS No. 208. First, Saleen a Temporary Exemption From the Air Bag with an electronic stability control Requirements of FMVSS No. 208, 72 FR 30426 (May (ESC) system. Saleen asserts that it will investigated using available air bag 31, 2007). need to expend approximately 2,000 systems currently used in other vehicles 8 See Pagani Automobili SpA; Denial of man-hours to complete ESC on the market. However, Saleen found Application for Temporary Exemption From this was not a viable option because the Advanced Air Bag Requirements of FMVSS No. certification.11 Saleen states that the 208, 76 FR 47641 (August 5, 2011). expenditures on the system would be air bags are designed to fit the specific 9 See, e.g., Group Lotus plc; Grant of Petition for the same whether it receives an geometry of a vehicle, and the S1 is a a Temporary Exemption From an Advanced Air Bag exemption or not. However, Saleen new vehicle with a different design Requirement of FMVSS No. 208, 78 FR 15114 geometry. Second, Saleen investigated (March 8, 2013) (exemption from only the 35 MPH equipping the S1 with a single-stage belted test requirement using 5th percentile adult Although NHTSA granted Saleen’s request for a female dummies); Tesla Motors, Inc. Grant of three-year exemption from the advanced air bag Petition for Renewal of a Temporary Exemption requirements in full, the agency renewed Saleen’s 12 Saleen does not specify what activities these From the Advanced Air Bag Requirements of exemption from the standard air bag requirements man-hours will be spent on. FMVSS No. 208, 76 FR 60118 (Sept. 28, 2011) for only one year. NHTSA explained that this was 13 Saleen’s FMVSS No. 208 petition contained a (exemption limited to 40 days to accommodate the because granting a renewal for three years would discrepancy regarding the development time for a end of production of Roadster model). not be in the public interest considering the safety compliant air bag system. On page 6, the petition 10 NHTA has previously granted Saleen benefits that air bags provide. See Saleen, Inc.; stated that the development time would be 15 exemptions from the air bag requirements of Response to Application for Temporary Exemption months, but on page 8, the petition stated the FMVSS No. 208. In 2001, NHTSA granted Saleen From Certain Provisions of Federal Motor Vehicle development time would be 18 months. NHTSA a three-year exemption from the standard air bag Safety Standard No. 208, 71 FR 52869 (September reached out to Saleen by email to clarify this requirements of FMVSS No. 208 on the basis of 7, 2006). discrepancy, to which Saleen replied that the economic hardship, which NHTSA renewed for It is important to note that Saleen requested these development time would be 18 months. A copy of another three years in 2004. In 2006, when the earlier exemptions in order to modify vehicles this email exchange has been placed in the docket advanced air bag requirements were being phased manufactured by other companies. By contrast, indicated in the header of this notice. in, Saleen again requested NHTSA to renew its today’s petition concerns a line of vehicles that 14 We note that the 18-month time period to exemption from the standard air bag requirements Saleen intends to manufacture itself. develop a compliant air bag system indicated by for three years, and also requested a new three-year 11 Saleen does not specify what activities these Saleen could extend past the end date of Saleen’s exemption from the advanced air bag requirements. man-hours will be spent on. requested 1-year exemption period.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00164 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27395

(i.e., non-advanced) air bag, such as DEPARTMENT OF TRANSPORTATION name of the individual submitting the those used in non-US markets. Saleen comment (or signing the comment, if found that, in addition to these single- National Highway Traffic Safety submitted on behalf of an association, stage systems not being FMVSS No. 208- Administration business, labor union, etc.). You may compliant, adapting these single-stage [U.S. DOT Docket Number NHTSA–2016– review DOT’s complete Privacy Act air bag systems so that they can be 0065] Statement in the Federal Register installed in the S1 would take a similar published on April 11, 2000 (65 FR amount of time as developing a Reports, Forms, and Recordkeeping 19477–78) or you may visit http:// compliant advanced air bag system, and Requirements DocketInfo.dot.gov. Docket: For access to comments thus would not meet Saleen’s start-of- AGENCY: National Highway Traffic production deadline. Third, Saleen received, go to http:// Safety Administration (NHTSA), U.S. www.regulations.gov or the street investigated providing a computer Department of Transportation. address listed above. Follow the online simulation analysis to show that the S1 ACTION: Request for comment on the instructions for accessing the dockets. would ‘‘comply structurally’’ with renewal of collection of information. several crashworthiness standards, FOR FURTHER INFORMATION CONTACT: For including FMVSS No. 208.15 However, SUMMARY: Before a Federal agency can further information, or for background documents, contact Stephen Hench, Saleen states that this simulation testing collect certain information from the Office of Chief Counsel (NCC–0100), was not scheduled to begin until the public, it must receive approval from Room W41–229, NHTSA, 1200 New first quarter of 2019. the Office of Management and Budget (OMB). Under procedures established Jersey Avenue SE, Washington, DC Public Interest by the Paperwork Reduction Act of 20590. Telephone: 202–366–2992. 1995, before seeking OMB approval, SUPPLEMENTARY INFORMATION: Under the Saleen states in both petitions that an Federal agencies must solicit public Paperwork Reduction Act of 1995, exemption would be in the public comment on proposed collections of before an agency submits a proposed interest and consistent with the information, including extensions and collection of information to OMB for objective of the Safety Act because the reinstatement of previously approved approval, it must first publish a development of the S1 provides direct collections. This document describes a document in the Federal Register employment to approximately 30 renewal of a collection of information providing a 60-day comment period and employees and indirect employment to for which NHTSA intends to seek OMB otherwise consult with members of the over 100 employees. Saleen further approval. public and affected agencies concerning projects that, once production of the S1 DATES: Comments must be received on each proposed collection of information. starts, the S1 would support numerous or before August 12, 2019. OMB has promulgated regulations additional jobs relating to the ADDRESSES: You may submit comments describing what must be included in distribution and sale of the vehicle. using any of the following methods. All such a document. Under OMB’s regulation, see 5 CFR 1320.8(d), an V. Comment Period comments must have the applicable DOT docket number (i.e., NHTSA– agency must ask for public comment on NHTSA seeks comment from the 2016–0065) noted conspicuously on the following: (i) Whether the proposed collection of public on the merits of Saleen’s them. • information is necessary for the proper application for a temporary exemption Federal eRulemaking Portal: Go to performance of the functions of the from FMVSS No. 126 and the air bag http://www.regulations.gov. Follow the online instructions for submitting agency, including whether the requirements of FMVSS No. 208. After information will have practical utility; considering public comments and other comments. • Mail: Docket Management Facility, (ii) the accuracy of the agency’s available information, NHTSA will M–30: U.S. Department of estimate of the burden of the proposed publish a notice of final action on the Transportation, 1200 New Jersey collection of information, including the application in the Federal Register. Avenue SE, West Building Ground validity of the methodology and (Authority: 49 U.S.C. 30113; delegation of Floor, Room W12–140, Washington, DC assumptions used; authority at 49 CFR 1.95.) 20590–0001. (iii) how to enhance the quality, • Hand Delivery or Courier: 1200 utility, and clarity of the information to Issued under authority delegated in 49 CFR be collected; and 1.95 and 501.5. New Jersey Avenue SE, West Building Ground Floor, Room W12–140, (iv) how to minimize the burden of Heidi Renate King, Washington, DC 20590–0001, between 9 the collection of information on those Deputy Administrator. a.m. and 5 p.m. ET, Monday through who are to respond, including the use [FR Doc. 2019–12332 Filed 6–11–19; 8:45 am] Friday, except Federal holidays. of appropriate automated, electronic, BILLING CODE 4910–59–P Telephone: 1–800–647–5527. mechanical, or other technological • Fax: 202–493–2251. collection techniques or other forms of Instructions: All submissions must information technology, e.g., permitting include the agency name and docket electronic submission of responses. number for this proposed collection of In compliance with these information. Note that all comments requirements, NHTSA asks for public received will be posted without change comments on the following collection of to http://www.regulations.gov, including information: any personal information provided. Title: Defect and Noncompliance Please see the Privacy Act heading Reporting and Notification. below. Type of Request: Renewal of a Privacy Act: Anyone is able to search currently approved information 15 The petition does not explain what is meant by the electronic form of all comments collection. ‘‘comply structurally.’’ received into any of our dockets by the OMB Control Number: 2127–0004.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00165 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27396 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

Affected Public: Businesses or quarterly reports reporting on the conducting supplemental recall individuals. progress of their recall campaigns. See communications under administrative Abstract: This notice requests 49 CFR 573.8 and 573.7, respectively. order to achieve completion of the comment on NHTSA’s proposed The Act and Part 573 also contain Takata recalls), and 274 respondents per renewal of an approved collection of numerous information collection year (19 vehicle manufacturers information, designated as OMB No. requirements specific to tire recall and conducting supplemental recall 2127–0004. This collection covers the remedy campaigns. These requirements communications under administrative information collection requirements relate to the proper disposal of recalled order to achieve completion of the found within various statutory tires, including a requirement that the Takata recalls).4 Our prior estimates of provisions of the Motor Vehicle Safety manufacturer conducting the tire recall the burden hours and cost associated Act of 1966 (Act), 49 U.S.C. 30101, et submit a plan and provide specific with the requirements currently covered seq., that address and require instructions to certain persons (such as by this information collection require manufacturer notifications to NHTSA of dealers and distributors) addressing that adjustment as follows. safety-related defects and failures to disposal, and a requirement that those Based on current information, we comply with Federal Motor Vehicle persons report back to the manufacturer estimate 249 distinct manufacturers Safety Standards (FMVSS) in motor certain deviations from the plan. See 49 filing an average of 988 Part 573 Safety vehicles and motor vehicle equipment, U.S.C. 30120(d) and 49 CFR 573.6(c)(9). Recall Reports each year. This is a as well as the provision of particular The regulations also require that change from our previous estimate of information related to the ensuing manufacturers report to NHTSA 963 Part 573 Safety Recall Reports filed owner and dealer notifications and free intentional and knowing sales or leases by 274 manufacturers each year. In remedy campaigns that follow those of defective or noncompliant tires. addition, with reference to the metric notifications. The sections of the Act 49 U.S.C. 30166(n) and its associated with NHTSA’s Vehicle imposing these requirements include 49 implementing regulation found at 49 Identification Number (VIN) Look-up U.S.C. 30118, 30119, 30120, and 30166. CFR 573.10 mandate that anyone who Tool regulation, see 49 CFR 573.15, we Many of these requirements are knowingly and willfully sells or leases continue to estimate it takes the 17 implemented through, and addressed for use on a motor vehicle a defective major passenger-vehicle manufacturers with more specificity in, 49 CFR part tire or a tire that is not compliant with (those that produce more than 25,000 573, Defect and Noncompliance FMVSS, and with actual knowledge that vehicles annually) additional burden Responsibility and Reports (Part 573) the tire manufacturer has notified its hours to complete these Reports to and 49 CFR 577, Defect and dealers of the defect or noncompliance NHTSA, as explored in more detail Noncompliance Notification (Part 577). as required under the Act, is required to below. See 82 FR 60789 (December 22, Pursuant to the Act, motor vehicle report that sale or lease to NHTSA no 2017). Between 2015 and 2018, the and motor vehicle equipment more than five working days after the major passenger-vehicle manufacturers manufacturers are obligated to notify, person to whom the tire was sold or conducted an average of 316 recalls and then provide various information leased takes possession of it. annually. and documents to, NHTSA in the event Pursuant to its safety authorities, We continue to estimate that a safety defect or noncompliance with NHTSA is continuing its oversight of maintenance of the required owner, FMVSS is identified in products they recalls of unprecedented complexity purchaser, dealer, and distributors lists manufactured. See 49 U.S.C. 30118(b) involving Takata air bag inflators.1 requires 8 hours a year per and 49 CFR 573.6. Manufacturers are Under the Coordinated Remedy Program manufacturer. We also continue to further required to notify owners, established to address this major issue, estimate it takes a major passenger- purchasers, dealers, and distributors and the associated Coordinated Remedy vehicle manufacturer 40 hours to about the safety defect or Order as amended on December 9, 2016 complete each notification report to noncompliance. See 49 U.S.C. 30118(b), (the ‘‘ACRO’’), manufacturers issue NHTSA, and it takes all other 30120(a); 49 CFR 577.7, 577.13. supplemental owner communications manufacturers 4 hours. Accordingly, we Manufacturers are required to provide to utilizing non-traditional means.2 In this estimate the annual burden hours NHTSA copies of communications notice, NHTSA both addresses related to the reporting to NHTSA of a pertaining to recall campaigns that they comments,3 and seeks further comment, safety defect or noncompliance for the issue to owners, purchasers, dealers, on its estimates of the supplemental 17 major passenger vehicle- and distributors. See 49 U.S.C. 30166(f); recall communications associated with manufacturers to be 12,640 hours 49 CFR 573.6(c)(10). the Takata recalls. annually (316 notices × 40 hours/ Manufacturers are also required to file Estimated Burden: NHTSA previously report), and that all other manufacturers with NHTSA a plan explaining how estimated an annual burden of 36,070 they intend to reimburse owners and require a total of 2,688 hours annually hours associated with this collection (of (672 notices × 4 hours/report) to file purchasers who paid to have their which 456 hours was contemplated for products remedied before being notified their notices. Thus, the estimated conducting supplemental recall annual burden hours related to the of the safety defect or noncompliance, communications under administrative and explain that plan in the reporting to NHTSA of a safety defect or order to achieve completion of the noncompliance is 17,320 hours (12,640 notifications they issue to owners and Takata recalls), $155,450,329 (of which × purchasers about the safety defect or hours + 2,688 hours) + (249 MFRs 8 $27,836,329 is contemplated for 5 noncompliance. See 49 U.S.C. 30120(d) hours to maintain purchaser lists). We continue to estimate that an and 49 CFR 573.13. Manufacturers are 1 See generally ‘‘Takata Recall Spotlight,’’ https:// further required to keep lists of the additional 40 hours will be needed to www.nhtsa.gov/equipment/takata-recall-spotlight. account for major passenger-vehicle respective owners, purchasers, dealers, 2 See generally ‘‘Notice of Coordinated Remedy manufacturers adding details to Part 573 distributors, lessors, and lessees of the Program Proceeding for the Replacement of Certain products determined to be defective or Takata Air Bag Inflator,’’ available at https:// www.regulations.gov/docket?D=NHTSA-2015-0055. 4 See 82 FR 60789, 60790 (December 22, 2017). noncompliant and involved in a recall 3 NHTSA previously published a 30-day notice 5 For more information about how we derived campaign, and are required to provide for this collection on December 22, 2017 (82 FR these and certain other estimates, please see 81 FR NHTSA with a minimum of six 60789) on which OMB received comment. 70269 (October 11, 2016).

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00166 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27397

Safety Recall Reports relating to the As for the burden linked with a and our original expectation that dealers intended schedule for notifying its manufacturer’s preparation of and would comply with manufacturers’ dealers and distributors, and tailoring notification concerning its plans has proven accurate. its notifications to dealers and reimbursement for pre-notification Accordingly, we estimate 22 burden distributors in accordance with the remedies, we continue to estimate that hours a year will be spent complying requirements of 49 CFR 577.13. An the preparation of a reimbursement plan with the tire recall campaign additional 2 hours will be needed to takes approximately 4 hours annually. requirements found in 49 CFR account for this obligation in other We also continue to estimate that an 573.6(c)(9). manufacturers’ Safety Recall Reports. additional 1.5 hours per year is spent by The agency continues to estimate 1 This burden is estimated at 13,984 the 17 major passenger-vehicle burden hour annually will be spent hours annually (672 notices × 2 hours/ manufacturers adapting the plan to preparing and submitting reports of a notification) + (316 notices × 40 hours/ particular defect and noncompliance defective or noncompliant tire being notification). notifications to NHTSA and adding intentionally sold or leased under 49 49 U.S.C. 30166(f) requires tailored language about the plan to a U.S.C. 30166(n) and its implementing manufacturers to provide to the Agency particular safety recall’s owner regulation at 49 CFR 573.10. copies of all communications regarding notification letters, while an additional We continue to expect that nine defects and noncompliances sent to .5 hours per year is spent on this task vehicle manufacturers, who did not owners, purchasers, and dealerships. by all other manufacturers. And we operate VIN-based recalls lookup Manufacturers must index these continue to estimate that an additional systems prior to August 2013, incur communications by the year, make, and 12 hours annually is spent certain recurring burdens on an annual model of the vehicle as well as provide disseminating plan information, for a basis. We continue to estimate that 100 a concise summary of the subject of the total of 4,794 annual burden hours ((249 burden hours will be spent on system communication. We continue to MFRs × 4 hours to prepare plan) + (316 and database administrator support. estimate this burden requires 3 hours for recalls × 1.5 hours tailoring plan for These 100 burden hours include: each vehicle recall for the 17 major each recall) + (672 recalls × .5 hours) + Backup data management and passenger-vehicle manufacturers, and (249 MFRs × 12 hours to disseminate monitoring; database management, 30 minutes for all other manufacturers plan information)). updates, and log management; and data for each vehicle recall. This totals an The Safety Act and 49 CFR part 573 transfer, archiving, quality assurance, estimated 1,284 hours annually (316 also contain numerous information and cleanup procedures. We continue to × recalls 3 hours for the 17 major collection requirements specific to tire estimate another 100 burden hours will passenger-vehicle manufacturers) + (672 recall and remedy campaigns, as well as be incurred on web/application × recalls .5 for all other manufacturers). a statutory and regulatory reporting developer support. These burdens In the event a manufacturer supplied requirement that anyone who include: Operating system and security the defective or noncompliant product knowingly and intentionally sells or patch management; application/web to independent dealers through leases a defective or noncompliant tire server management; and application independent distributors, that notify NHTSA of that activity. server system and log files management. manufacturer is required to include in Manufacturers are required to include We continue to estimate these burdens its notifications to those distributors an specific information related to tire will total 1,800 hours each year (9 MFRs instruction that the distributors are then disposal in the notifications they × 200 hours). We also continue to to provide copies of the manufacturer’s provide NHTSA concerning estimate the recurring costs of these notification of the defect or identification of a safety defect or burden hours will be $30,000 per noncompliance to all known noncompliance with FMVSS in their manufacturer.6 Furthermore, we distributors or retail outlets further tires, as well as in the notifications they continue to estimate that the total cost down the distribution chain within five issue to their dealers or other tire outlets to the industry from these recurring working days. See 49 CFR participating in the recall campaign. See expenses will total $270,000, on an 577.7(c)(2)(iv). As a practical matter, 49 CFR 573.6(c)(9). We believe our annual basis (9 MFRs × $30,000). this requirement would only apply to previous estimate of 12 tire recalls per Changes to 49 CFR part 573 in 2013 equipment manufacturers, since vehicle year needs to be adjusted to 11 tire required 27 manufacturers to update manufacturers generally sell and lease recalls per year to better reflect recent each recalled vehicle’s repair status no vehicles through a dealer network, and data. We continue to estimate that the less than every 7 days, for 15 years from not through independent distributors. inclusion of this additional information the date the VIN is known to be We believe our previous estimate of 87 will require an additional two hours of included in the recall. This ongoing equipment recalls per year needs to be effort beyond the subtotal above requirement to update the status of a adjusted to 91 equipment recalls per associated with non-tire recall VIN for 15 years continues to add a year to better reflect recent data. We campaigns. This additional effort recurring burden on top of the one-time have estimated the burden associated consists of one hour for the NHTSA burden to implement and operate these with these notifications (identifying notification and one hour for the dealer retail outlets, making copies of the notification for a total of 22 burden online search tools. We continue to manufacturer’s notice, and mailing) to hours (11 tire recalls a year × 2 hours estimate that 8 affected motorcycle be 5 hours per recall campaign. per recall). manufacturers will make recalled VINs Assuming an average of 3 distributors Manufacturer-owned or controlled available for an average of 2 recalls each per equipment item, which is a liberal dealers are required to notify the year and 19 affected passenger-vehicle estimate given that many equipment manufacturer and provide certain manufacturers will make recalled VINs manufacturers do not use independent information should they deviate from available for an average of 8 recalls each distributors, the total number of burden the manufacturer’s disposal plan. year. We believe it will take no more hours associated with this third-party Consistent with our previous analysis, 6 $8,000 (for data center hosting for the physical notification requirement is we continue to ascribe zero burden server) + $12,000 (for system and database approximately 1,365 hours per year (91 hours to this requirement since to date administrator support) + $10,000 (for web/ recalls × 3 distributors × 5 hours). no such reports have been provided, application developer support) = $30,000.

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00167 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27398 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

than 1 hour, and potentially less with per recall × 316 recalls per year) + (8 otherwise accounted for as scrapped, automated systems, to update the VIN hours per recall × 672 recalls per year). stolen, exported, or otherwise status of vehicles that have been The burden estimate associated with unreachable under certain procedures in remedied under the manufacturer’s the regulation that requires interim the ACRO). See CCRs ¶ 1(b); ACRO remedy program. We continue to owner notifications within 60 days of ¶¶ 45–46. The Monitor also estimate this will require 8,736 burden filing a Part 573 Safety Recall Report recommended that manufacturers hours per year (1 hour × 2 recalls × 52 must be revised upward. We previously utilize at least three non-traditional weeks × 8 MFRs + 1 hour × 8 recalls × calculated that about 12 percent of past means of communication (e.g., 52 weeks × 19 MFRs) to support the recalls require an interim notification postcards; email; telephone calls; text requirement to update the recalls mailing, but recent trends show that 13 message; social media) as part of their completion status of each VIN in a recall percent of recalls require an interim overall outreach strategy. See CCRs at least weekly for 15 years. owner notification mailing. We continue ¶ 1(a). And the Monitor recommended As the number of Part 573 Recall to estimate the preparation of an interim including certain content in these Reports has increased in recent years, so notification can take up to 10 hours. We communications, including certain has the number of quarterly reports that therefore estimate that 1,250 burden safety-risk information. See id. ¶ 2. If a track the completion of safety recalls. hours are associated with the 60-day vehicle manufacturer does not wish to Our previous estimate of 4,498 quarterly interim notification requirement (963 follow the Monitor’s recommendations, reports received annually is now revised recalls × .13 = 125 recalls; 125 recalls the ACRO permits the manufacturer to upwards to 5,512 quarter reports times 10 hours per recall = 1,250 hours). propose an alternative communication received annually. We continue to As for costs associated with notifying strategy to NHTSA and the Monitor. estimate it takes manufacturers 1 hour owners and purchasers of recalls, to Two comments were submitted after to gather the pertinent information for reflect an increase in postage rates, we the previous publication of the 30-day each quarterly report, and 10 additional are revising our estimate of the cost of notice and request for comment on the hours for the 17 major passenger-vehicle first-class mail notification to $1.53 per renewal of this information collection. manufacturers to submit electronic notification, on average. This cost See NHTSA Docket 2016–0065. One reports. We therefore now estimate that estimate includes the costs of printing commenter submitted only a general the quarterly reporting burden pursuant and mailing, as well as the costs vehicle comment with no reference to the to Part 573 totals 5,682 hours ((5,512 manufacturers may pay to third-party substance of the notice. The other quarterly reports × 1 hour/report) + (17 vendors to acquire the names and comment, filed by the Alliance of MFRs × 10 hours for electronic addresses of the current registered Automobile Manufacturers and the submission)). owners from state and territory Association of Global Automakers We continue to estimate a small departments of motor vehicles. In (hereinafter ‘‘A&G’’), responded to burden of 2 hours annually in order to reviewing recent recall figures, we several facets of the notice. set up a manufacturer’s online recalls determined that an estimated 51.4 In brief summary, A&G commented portal account with the pertinent million letters are mailed yearly totaling that it believes the investigatory contact information and maintaining/ $78,642,000 ($1.53 per letter × exception to the Paperwork Reduction updating their account information as 51,400,000 letters). The requirement in Act (PRA) does not apply to the Takata needed. We estimate this will require a 49 CFR part 577 for a manufacturer to Coordinated Remedy Order— total of 498 hours annually (2 hours × notify their affected customers within characterizing any relevant investigation 249 MFRs). 60 days would add an additional as one against Takata, not the affected We continue to estimate that 20 $10,223,460 (51,400,000 letters × .13 automakers—and that NHTSA should percent of Part 573 reports will involve requiring interim owner notifications = therefore account for additional cost a change or addition regarding recall 6,682,000 letters; 6,682,000 × $1.53 = burdens under the ACRO beyond the components, and that at two hours per $10,023,000). In total, we estimate that monthly outreach recommended under amended report, this totals 396 burden the current 49 CFR part 577 the CCRs. See Comments at 3–4. A&G hours per year (988 recalls × .20 = 193 requirements cost manufacturers a total further commented that it believes recalls; 198 × 2 = 396 hours). of $88,865,460 annually ($78,642,000 NHTSA should supplement the record As to the requirement that for owner notification letters + with the following: additional cost- manufacturers notify NHTSA in the $10,223,460 for interim notification burden analysis, because NHTSA’s event of a bankruptcy, we expect this letters = $88,865,460). estimate ‘‘underappreciates’’ what the notification to take an estimated 2 hours As discussed above, to address the ACRO contemplates; a Part B to draft and submit to NHTSA. We scope and complexity of the Takata submission to account for Independent continue to estimate that only 10 recalls, NHTSA issued the ACRO, Monitor-conducted surveys and other manufacturers might submit such a which requires affected vehicle activities; and additional data on the notice to NHTSA each year, so we manufacturers to conduct supplemental ‘‘practical utility’’ of supplemental non- calculate the total burden at 20 hours owner notification efforts in traditional outreach. See Comments at (10 MFRs × 2 hours). coordination with NHTSA and the 4–6. A&G also commented that it We continue to estimate that it takes Independent Monitor of Takata. On disagrees with NHTSA’s discounting of the 17 major passenger-vehicle December 23, 2016, the Monitor, in its cost estimates based on recent manufacturers an average of 11 hours to consultation with NHTSA, issued vehicle manufacturer settlement draft their notification letters, submit Coordinated Communications agreements in multi-district litigation them to NHTSA for review, and then Recommendations for vehicle owner proceedings because the ACRO predates finalize them for mailing to their outreach (‘‘CCRs’’), which includes a MDL settlement obligations ‘‘and would affected owners and purchasers. We also recommendation that vehicle have existed in the absence of the continue to estimate it takes 8 hours for manufacturers provide at least one form litigation settlements.’’ Comments at 7. all other manufacturers to perform this of consumer outreach per month for NHTSA has carefully considered task. Accordingly, we estimate that the vehicles in a launched recall campaign these comments and recognizes the 49 CFR part 577 requirements result in (i.e., a recall where parts are available) challenges involved in the Takata 8,852 burden hours annually (11 hours until the vehicle is remedied (unless recalls, particularly with respect to

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00168 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27399

estimating per-VIN outreach costs— estimate associated with this collection. FOR FURTHER INFORMATION CONTACT: populations change and, with those The 49 CFR part 573 and 49 CFR part OFAC: Associate Director for Global changes, the methods necessary and 577 requirements found in today’s Targeting, tel.: 202–622–2420; Assistant appropriate to engage those populations notice will require 64,510 hours each Director for Sanctions Compliance & also change. See Comments at 4. Before year. Additionally, manufacturers Evaluation, tel.: 202–622–2490; modifying the approach to its estimates, impacted by 49 CFR part 573 and 49 Assistant Director for Licensing, tel.: NHTSA would benefit of from the CFR part 577 requirements will incur a 202–622–2480; or the Department of the consideration of any additional recurring annual cost estimated at Treasury’s Office of the General information that may be available, and $89,135,460 total. The burden estimate Counsel: Office of the Chief Counsel would invite further public comment on in this collection contemplated for (Foreign Assets Control), tel.: 202–622– such estimates. The Agency also conducting supplemental recall 2410. recognizes and appreciates A&G’s communications under administrative SUPPLEMENTARY INFORMATION: additional comments and concerns as order to achieve completion of the described above, and similarly invites Takata recalls is 456 hours each year. Electronic Availability further public comment on the issues Additionally, that administrative order The Specially Designated Nationals A&G identifies. contemplates impacted manufacturers and Blocked Persons List and additional To account for the progression of the incurring an annual cost estimated at information concerning OFAC sanctions recalls since its last notice, NHTSA is $117,052,423. Therefore, in total, we programs are available on OFAC’s revising its previous estimates estimate the burden associated with this website (www.treas.gov/ofac). associated with this part of the collection to be 64,966 hours each year, collection. NHTSA continues to with a recurring annual cost estimated Notice of OFAC Actions estimate a yearly average of 19 at $204,175,423. NHTSA welcomes On June 7, 2019, OFAC determined manufacturers will be issuing monthly further comment and data on these that the property and interests in supplemental communications over the estimates. property subject to U.S. jurisdiction of next three years pursuant to the ACRO the following persons are blocked under Estimated Number of Respondents— and the CCRs. Manufacturers may the relevant sanctions authorities listed satisfy the CCRs through third-party NHTSA estimates that there will be below. vendors (which have been utilized by approximately 249 manufacturers per many manufacturers), in-house year filing defect or noncompliance Entities strategies, or some combination thereof. reports and completing the other 1. PERSIAN GULF PETROCHEMICAL NHTSA estimates the cost for information collection responsibilities INDUSTRY CO. (a.k.a. PERSIAN GULF supplemental communications at $2.00 associated with those filings. NHTSA PETROCHEMICAL INDUSTRIES; a.k.a. per VIN per month. estimates there will be an average of 19 PERSIAN GULF PETROCHEMICAL The volume of outreach required by manufacturers each year conducting INDUSTRIES CO. PLC; a.k.a. PERSIAN GULF the ACRO and the CCRs (and the costs supplemental nontraditional monthly PETROCHEMICAL INDUSTRY; a.k.a. PERSIAN GULF PETROCHEMICAL associated with that outreach) is a outreach pursuant to administrative INDUSTRY COMPANY; a.k.a. PGPIC), No. function of the number of unrepaired order in an enforcement action 38, Avenue Karim Khan Zand Blvd., Hafte vehicles that are in a launched associated with the Takata recall. Tir Square, Tehran 1584893313, Iran; No. 38, campaign and are not otherwise Karim Khan Zand Street, Haft Tir Square, Jeffrey Mark Giuseppe, accounted for as scrapped, stolen, Tehran 1584851181, Iran; website exported, or otherwise unreachable. The Associate Administrator for Enforcement. www.pgpic.ir; Additional Sanctions schedule in Paragraph 35 of the ACRO [FR Doc. 2019–12313 Filed 6–11–19; 8:45 am] Information—Subject to Secondary delineates the expected remedy BILLING CODE 4910–59–P Sanctions; Business Registration Number completion rate, by quarter, of vehicles 89243 (Iran) [NPWMD] [IFSR] (Linked To: KHATAM OL ANBIA GHARARGAH in a launched remedy campaign. DEPARTMENT OF THE TREASURY SAZANDEGI NOOH). Utilizing these variables, we now Designated pursuant to section 1(a)(iii) of estimate an initial annualized cost over Office of Foreign Assets Control Executive Order 13382 of June 28, 2005, the next three years of $203,776,494 per ‘‘Blocking Property of Weapons of Mass year, with an annualized discount of Notice of OFAC Sanctions Actions Destruction Proliferators and Their $86,724,071 to account for outreach Supporters’’ (‘‘E.O. 13382’’), for having conducted pursuant to the MDL AGENCY: Office of Foreign Assets provided, or attempted to provide, financial, settlement agreements by six vehicle Control, Treasury. material, technological or other support for, or goods or services in support of, KHATAM manufacturers, for a net annualized cost ACTION: Notice. of $117,052,423. NHTSA continues to AL–ANBYA, a person whose property and interests in property are blocked pursuant to estimate that manufacturers will take an SUMMARY: The U.S. Department of the Treasury’s Office of Foreign Assets E.O. 13382. average of 2 hours each month drafting 2. ARVAND PETROCHEMICAL or customizing supplemental recall Control (OFAC) is publishing the names COMPANY, East 9th Floor, Building No. 46, communications utilizing non- of one or more persons that have been Karimkhan Zand Boulevard, Near by Ansar traditional means, submitting them to placed on OFAC’s Specially Designated Bank, Hafte-E-Tir Square, Tehran NHTSA for review, and finalizing them Nationals and Blocked Persons List 1584893117, Iran; Site 3, Mahshahr to send to affected owners and based on OFAC’s determination that one 1584851181, Iran; website www.arvandpvc.ir; purchasers. NHTSA therefore estimates or more applicable legal criteria were Additional Sanctions Information—Subject that 456 burden hours annually are satisfied. All property and interests in to Secondary Sanctions; Business property subject to U.S. jurisdiction of Registration Number 6494 (Iran) [NPWMD] associated with issuing these [IFSR] (Linked To: PERSIAN GULF supplemental recall communications: these persons are blocked, and U.S. × × PETROCHEMICAL INDUSTRY CO.). 12 months 2 hours per month 19 persons are generally prohibited from Designated pursuant to section 1(a)(iv) of manufacturers = 456 hours. engaging in transactions with them. E.O. 13382, for being owned or controlled by Because of the forgoing burden DATES: See SUPPLEMENTARY INFORMATION the PERSIAN GULF PETROCHEMICAL estimates, we are revising the burden section. INDUSTRY CO., a person whose property

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00169 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27400 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

and interests in property are blocked No. 6301 (Iran) [IRAN] [NPWMD] [IFSR] the PERSIAN GULF PETROCHEMICAL pursuant to E.O. 13382. (Linked To: PERSIAN GULF INDUSTRY CO., a person whose property 3. BANDAR IMAM ABNIROO PETROCHEMICAL INDUSTRY CO.). and interests in property are blocked PETROCHEMICAL COMPANY, Iran; Designated pursuant to section 1(a)(iv) of pursuant to E.O. 13382. Additional Sanctions Information—Subject E.O. 13382, for being owned or controlled by 14. GACHSARAN POLYMER to Secondary Sanctions [NPWMD] [IFSR] the PERSIAN GULF PETROCHEMICAL INDUSTRIES, (a.k.a. GACHSARAN (Linked To: PERSIAN GULF INDUSTRY CO., a person whose property PETROCHEMICAL COMPANY), Shahid PETROCHEMICAL INDUSTRY CO.). and interests in property are blocked Vahid Dastgerdi Street, Naseri St., Kian St. Designated pursuant to section 1(a)(iv) of pursuant to E.O. 13382. 11th Floor Unit 3, Tehran, Iran; website E.O. 13382, for being owned or controlled by 9. BU ALI SINA PETROCHEMICAL http://www.gpetroc.ir; Additional Sanctions the PERSIAN GULF PETROCHEMICAL COMPANY (a.k.a. BOU ALI SINA Information—Subject to Secondary Sanctions INDUSTRY CO., a person whose property PETROCHEMICAL COMPANY; a.k.a. BUALI [NPWMD] (Linked To: IRANIAN and interests in property are blocked SINA PETROCHEMICAL COMPANY), No. INVESTMENT PETROCHEMICAL GROUP pursuant to E.O. 13382. 17, 1st Floor, Daman Afshar St., Vanak Sq., COMPANY). 4. BANDAR IMAM BESPARAN Vali-e-Asr Ave, Tehran 19697, Iran; Designated pursuant to section 1(a)(iv) of PETROCHEMICAL COMPANY, Iran; Petrochemical Special Economic Zone E.O. 13382, for being owned or controlled by Additional Sanctions Information—Subject (PETZONE), Iran; Additional Sanctions the IRANIAN INVESTMENT to Secondary Sanctions [NPWMD] [IFSR] Information—Subject to Secondary Sanctions PETROCHEMICAL GROUP COMPANY, a (Linked To: PERSIAN GULF [IRAN] [NPWMD] [IFSR] (Linked To: person whose property and interests in PETROCHEMICAL INDUSTRY CO.). PERSIAN GULF PETROCHEMICAL property are blocked pursuant to E.O. 13382. Designated pursuant to section 1(a)(iv) of INDUSTRY CO.). 15. DAH DASHT PETROCHEMICAL E.O. 13382, for being owned or controlled by Designated pursuant to section 1(a)(iv) of INDUSTRIES (a.k.a. DAHDASHT the PERSIAN GULF PETROCHEMICAL E.O. 13382, for being owned or controlled by PETROCHEMICAL INDUSTRIES; a.k.a. INDUSTRY CO., a person whose property the PERSIAN GULF PETROCHEMICAL DEHDASHT PETROCHEMICAL and interests in property are blocked INDUSTRY CO., a person whose property INDUSTRIES CO.), Afrigha Boulevard, Below pursuant to E.O. 13382. and interests in property are blocked the JahanKodak, No. 9th Street, 5. BANDAR IMAM FARAVARESH pursuant to E.O. 13382. Petrochemical Trading Building, 7/5000 5th PETROCHEMICAL COMPANY (a.k.a. 10. FAJR PETROCHEMICAL COMPANY, floor, Unit 21, Tehran, Iran; website FARAVARESH BANDAR IMAM Iran; Additional Sanctions Information— www.dpi-co.ir; Additional Sanctions COMPANY), Bandar Imam Petrochemical Subject to Secondary Sanctions [NPWMD] Information—Subject to Secondary Sanctions Complex, Bandar Imam Khomeini, [IFSR] (Linked To: PERSIAN GULF [NPWMD] (Linked To: IRANIAN PETROCHEMICAL INDUSTRY CO.). Khuzestan, Iran; Additional Sanctions INVESTMENT PETROCHEMICAL GROUP Designated pursuant to section 1(a)(iv) of Information—Subject to Secondary Sanctions COMPANY). E.O. 13382, for being owned or controlled by [NPWMD] [IFSR] (Linked To: PERSIAN Designated pursuant to section 1(a)(iv) of the PERSIAN GULF PETROCHEMICAL GULF PETROCHEMICAL INDUSTRY CO.). E.O. 13382, for being owned or controlled by INDUSTRY CO., a person whose property the IRANIAN INVESTMENT Designated pursuant to section 1(a)(iv) of and interests in property are blocked PETROCHEMICAL GROUP COMPANY, a E.O. 13382, for being owned or controlled by pursuant to E.O. 13382. person whose property and interests in the PERSIAN GULF PETROCHEMICAL 11. HENGAM PETROCHEMICAL INDUSTRY CO., a person whose property COMPANY (a.k.a. HENGAM property are blocked pursuant to E.O. 13382. and interests in property are blocked PETROCHEMICAL CO), 4th Floor, No 22, 16. BROOJEN PETROCHEMICAL pursuant to E.O. 13382. 16th Avenue, Khlid Islomboli Street, Tehran COMPANY (a.k.a. BROUJEN 6. BANDAR IMAM KHARAZMI 1513643911, Iran; 5th Street, Ahmed Ghasir PETROCHEMICAL COMPANY), About 8 km PETROCHEMICAL COMPANY, Iran; Street, Khaled Eslamboli Avenue 22, Tehran, southwest of Borujen City, Iran; Additional Additional Sanctions Information—Subject Iran; Additional Sanctions Information— Sanctions Information—Subject to Secondary to Secondary Sanctions [NPWMD] [IFSR] Subject to Secondary Sanctions; Registration Sanctions [NPWMD] (Linked To: IRANIAN (Linked To: PERSIAN GULF Number 1924 (Iran) [NPWMD] [IFSR] (Linked INVESTMENT PETROCHEMICAL GROUP PETROCHEMICAL INDUSTRY CO.). To: PERSIAN GULF PETROCHEMICAL COMPANY; Linked To: DAH DASHT Designated pursuant to section 1(a)(iv) of INDUSTRY CO.). PETROCHEMICAL INDUSTRIES; Linked To: E.O. 13382, for being owned or controlled by Designated pursuant to section 1(a)(iv) of MODABBERAN EQTESAD COMPANY). the PERSIAN GULF PETROCHEMICAL E.O. 13382, for being owned or controlled by Identified as an entity in which IRANIAN INDUSTRY CO., a person whose property the PERSIAN GULF PETROCHEMICAL INVESTMENT PETROCHEMICAL GROUP and interests in property are blocked INDUSTRY CO., a person whose property COMPANY, DAH DASHT PETROCHEMICAL pursuant to E.O. 13382. and interests in property are blocked INDUSTRIES and MODABBERAN EQTESAD 7. BANDAR IMAM KIMIYA pursuant to E.O. 13382. COMPANY, persons whose property and PETROCHEMICAL COMPANY, Iran; 12. HORMOZ UREA FERTILIZER interests in property are blocked pursuant to Additional Sanctions Information—Subject COMPANY, Iran; website www.hormoz- an Executive order or regulations to Secondary Sanctions [NPWMD] [IFSR] fc.com; Additional Sanctions Information— administered by OFAC, directly or indirectly (Linked To: PERSIAN GULF Subject to Secondary Sanctions [NPWMD] own, whether individually or in the PETROCHEMICAL INDUSTRY CO.). [IFSR] (Linked To: PERSIAN GULF aggregate, a 50 percent or greater interest, as Designated pursuant to section 1(a)(iv) of PETROCHEMICAL INDUSTRY CO.). set forth in OFAC’s ‘‘Revised Guidance on E.O. 13382, for being owned or controlled by Designated pursuant to section 1(a)(iv) of Entities Owned by Persons Whose Property the PERSIAN GULF PETROCHEMICAL E.O. 13382, for being owned or controlled by and Interests in Property are Blocked’’ dated INDUSTRY CO., a person whose property the PERSIAN GULF PETROCHEMICAL August 13, 2014, available on OFAC’s and interests in property are blocked INDUSTRY CO., a person whose property website at www.treasury.gov/ofac. pursuant to E.O. 13382. and interests in property are blocked 17. ILAM PETROCHEMICAL COMPANY 8. BANDAR IMAM PETROCHEMICAL pursuant to E.O. 13382. (a.k.a. ILAM PETROCHEMICAL; a.k.a. ILAM COMPANY (a.k.a. BANDAR IMAM 13. IRANIAN INVESTMENT PETROCHEMICAL CO; a.k.a. ILAM PETROCHEMICAL; a.k.a. BANDAR IMAM PETROCHEMICAL GROUP COMPANY PETROCHEMICAL INDUSTRIES), Afar PETROCHEMICAL CO; a.k.a. BANDAR (a.k.a. IRANIAN PETROCHEMICAL Blvd.—Below Shahid Hemmat Bridge—Ninth IMAM PETROCHEMICAL COMPANY LTD; INVESTMENT GROUP COMPANY), Iran; Gandhi Side—Building No. 2 Petrochemical a.k.a. ‘‘BIPC’’), North Kargar Street, Tehran, Additional Sanctions Information—Subject Company—First Floor, Tehran, Iran; Ilam— Iran; Mahshahr, Bandar Imam, Khuzestan to Secondary Sanctions [NPWMD] [IFSR] Chawar—Ilam Petrochemical Complex, Iran; Province, Iran; Imam Khumaini Port, (Linked To: PERSIAN GULF website www.ilampetro.com; Additional Mahshahr, Khuzestan, Iran; P.O. Box 314, PETROCHEMICAL INDUSTRY CO.). Sanctions Information—Subject to Secondary Iran; Additional Sanctions Information— Designated pursuant to section 1(a)(iv) of Sanctions; Registration Number 253861 (Iran) Subject to Secondary Sanctions; National ID E.O. 13382, for being owned or controlled by [NPWMD] (Linked To: IRANIAN

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00170 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices 27401

INVESTMENT PETROCHEMICAL GROUP Iran; 3rd Floor, No. 24, Kafi Abadi Street, Batangas II, Mariveles, Bataan 2105, COMPANY). Pesyan Street, Moghadas Ardebili Avenue, Philippines; website www.pnoc-afc.com.ph; Designated pursuant to section 1(a)(iv) of Zaferanieh, Tehran 1987957553, Iran; alt. Website www.npcac.com.ph; Additional E.O. 13382, for being owned or controlled by Beginning of Kashan Boulevard, Second Sanctions Information—Subject to Secondary the IRANIAN INVESTMENT Floor, No. 2, Shahrekord, Iran; P.O. Box Sanctions [NPWMD] [IFSR] (Linked To: PETROCHEMICAL GROUP COMPANY, a 1517769513, Tehran, Iran; website PERSIAN GULF PETROCHEMICAL person whose property and interests in www.lordegan.co; Additional Sanctions INDUSTRY CO.). property are blocked pursuant to E.O. 13382. Information—Subject to Secondary Designated pursuant to section 1(a)(iv) of 18. ATLAS OCEAN AND Sanctions; Registration ID 7603 (Iran) E.O. 13382, for being owned or controlled by PETROCHEMICAL (AOPC), Dubai Airport [NPWMD] [IFSR] (Linked To: PERSIAN the PERSIAN GULF PETROCHEMICAL Free Zone, United Arab Emirates [NPWMD] GULF PETROCHEMICAL INDUSTRY CO.). INDUSTRY CO., a person whose property (Linked To: ILAM PETROCHEMICAL Designated pursuant to section 1(a)(iv) of and interests in property are blocked COMPANY). E.O. 13382, for being owned or controlled by pursuant to E.O. 13382. Designated pursuant to section 1(a)(iii) of the PERSIAN GULF PETROCHEMICAL 27. NOURI PETROCHEMICAL COMPANY E.O. 13382, for having provided, or INDUSTRY CO., a person whose property (f.k.a. BORZOUYEH PETROCHEMICAL attempted to provide, financial, material, and interests in property are blocked COMPANY; a.k.a. BORZUYEH technological or other support for, or goods pursuant to E.O. 13382. PETROCHEMICAL COMPANY; a.k.a. NOURI or services in support of ILAM 23. MOBIN PETROCHEMICAL COMPANY PETROCHEMICAL; a.k.a. NOURI PETROCHEMICAL COMPANY, a person (a.k.a. MOBIN PETROCHEMICAL; a.k.a. PETROCHEMICAL CO; a.k.a. NOURI whose property and interests in property are ‘‘MPC’’), Southern Pars Special Economic PETROCHEMICAL COMPANY (LLP); a.k.a. blocked pursuant to E.O. 13382. Energy Zone, Assaluyeh, Bushehr, Iran; No. NOURI PETROCHEMICAL COMPLEX), Pars 19. IRANIAN PETROCHEMICAL 50, DamanAfshar Alley, Vanak Square, Special Economic Energy Zone, Assaluyeh INVESTMENT DEVELOPMENT ValiAsr Street, Tehran 19697–53111, Iran; Port, Bushehr, Iran; Nouri (Borzouyeh) MANAGEMENT COMPANY, Iran; P.O. Box 75391–418, Bushehr 1969753111, Petrochemical Company, Pars Special Additional Sanctions Information—Subject Iran; PO Box, Mashhad, Iran; website Economy Zone, Assalouyeh, Bushehr, Iran; to Secondary Sanctions [NPWMD] [IFSR] www.mobinpc.net; Additional Sanctions P.O.Box 75391–115, Bushehr, Iran; Pars (Linked To: PERSIAN GULF Information—Subject to Secondary Special Economy Energy Zone, Assalouyeh PETROCHEMICAL INDUSTRY CO.). Sanctions; Registration ID 837 (Iran) [IRAN] Port in the North Side of Persian Gulf, Designated pursuant to section 1(a)(iv) of [NPWMD] [IFSR] (Linked To: PERSIAN Bushehr, Iran; website www.bpciran.com; E.O. 13382, for being owned or controlled by GULF PETROCHEMICAL INDUSTRY CO.). Additional Sanctions Information—Subject the PERSIAN GULF PETROCHEMICAL Designated pursuant to section 1(a)(iv) of to Secondary Sanctions; National ID No. 941 INDUSTRY CO., a person whose property E.O. 13382, for being owned or controlled by (Iran) [IRAN] [NPWMD] [IFSR] (Linked To: and interests in property are blocked the PERSIAN GULF PETROCHEMICAL PERSIAN GULF PETROCHEMICAL pursuant to E.O. 13382. INDUSTRY CO., a person whose property INDUSTRY CO.). 20. KAROUN PETROCHEMICAL and interests in property are blocked Designated pursuant to section 1(a)(iv) of COMPANY (a.k.a. KAROON pursuant to E.O. 13382. E.O. 13382, for being owned or controlled by PETROCHEMICAL; a.k.a. KAROON 24. MODABBERAN EQTESAD COMPANY the PERSIAN GULF PETROCHEMICAL PETROCHEMICAL CO; a.k.a. KRNPC), No 17, (a.k.a. MODABERAN EGHTESAD), Iran; INDUSTRY CO., a person whose property Shahid Khalilzadeh Ally, Vanak Square, Additional Sanctions Information—Subject and interests in property are blocked Valiasr Street, Tehran 1965754351, Iran; to Secondary Sanctions [NPWMD] [IFSR] pursuant to E.O. 13382. Block 6, Petrochemical Zone Site 2, Special (Linked To: PERSIAN GULF 28. PARS PETROCHEMICAL COMPANY Economic Zone, Imam Khomeini Port, PETROCHEMICAL INDUSTRY CO.). (a.k.a. ASALOUYEH PETROCHEMICAL Mahshahr, Tehran 1965754351, Iran; Site 2, Designated pursuant to section 1(a)(iv) of COMPANY; a.k.a. PARS PETROCHEMICAL Central Office Address, Special Industrial E.O. 13382, for being owned or controlled by CO.; a.k.a. ‘‘P.P.C.’’), Pars Special Economic Zone, Mahshahr, Khuzestan, Iran; Site 2, the PERSIAN GULF PETROCHEMICAL Energy Zone, PO Box 163–75391, Assaluyeh, Karoon Petrochemical Complex 6358159385, INDUSTRY CO., a person whose property Bushehr, Iran; P.O. Box 163–75391 11370– Iran; P.O. Box 1969754351, Tehran, Iran; and interests in property are blocked 75118, Iran; Pars Economic Special Zone, website www.krnpc.com; Additional pursuant to E.O. 13382. Asalouyeh, Bushehr, Iran; website Sanctions Information—Subject to Secondary 25. NPC INTERNATIONAL (a.k.a. N P C www.parspc.net; Additional Sanctions Sanctions; Registration Number 9645 (Iran) INTERNATIONAL LTD; a.k.a. NPC Information—Subject to Secondary Sanctions [NPWMD] [IFSR] (Linked To: PERSIAN INTERNATIONAL COMPANY; a.k.a. NPC [IRAN] [NPWMD] [IFSR] (Linked To: GULF PETROCHEMICAL INDUSTRY CO.). INTERNATIONAL LIMITED), 5th Floor NIOC PERSIAN GULF PETROCHEMICAL Designated pursuant to section 1(a)(iv) of House, 4, Victoria Street, London SW1H 0NE, INDUSTRY CO.). E.O. 13382, for being owned or controlled by United Kingdom; NIOC House, 4 Victoria Designated pursuant to section 1(a)(iv) of the PERSIAN GULF PETROCHEMICAL Street, London SW1H 0NE, United Kingdom; E.O. 13382, for being owned or controlled by INDUSTRY CO., a person whose property 4 Victoria Street, London SW1 H0NB, United the PERSIAN GULF PETROCHEMICAL and interests in property are blocked Kingdom; website www.nipc.net; Additional INDUSTRY CO., a person whose property pursuant to E.O. 13382. Sanctions Information—Subject to Secondary and interests in property are blocked 21. KHOUZESTAN PETROCHEMICAL Sanctions; Registration Number 02696754 pursuant to E.O. 13382. COMPANY, Iran; Additional Sanctions (United Kingdom); all offices worldwide 29. PAZARGAD NON INDUSTRIAL Information—Subject to Secondary Sanctions [IRAN] [NPWMD] [IFSR] (Linked To: OPERATION COMPANY (a.k.a. NON- [NPWMD] [IFSR] (Linked To: PERSIAN PERSIAN GULF PETROCHEMICAL INDUSTRIAL OPERATION SERVICES GULF PETROCHEMICAL INDUSTRY CO.). INDUSTRY CO.). PAZARGAD; a.k.a. PAZARGAD NON- Designated pursuant to section 1(a)(iv) of Designated pursuant to section 1(a)(iv) of INDUSTRIAL OPERATIONS CO.), Complex E.O. 13382, for being owned or controlled by E.O. 13382, for being owned or controlled by of Petrochemical Projects, Triangular Site, the PERSIAN GULF PETROCHEMICAL the PERSIAN GULF PETROCHEMICAL P.O. Box 9531795616, Assaluyeh, Bushehr, INDUSTRY CO., a person whose property INDUSTRY CO., a person whose property Iran; Khalid Islumboli Street, Fifth Alley, No. and interests in property are blocked and interests in property are blocked 22, Second Floor, Tehran 1513643911, Iran; pursuant to E.O. 13382. pursuant to E.O. 13382. website www.pazargad.org; Additional 22. LORDEGAN UREA FERTILIZER 26. NPC ALLIANCE CORPORATION (a.k.a. Sanctions Information—Subject to Secondary COMPANY (a.k.a. KODE SHIMIYAIE OREH NPC ALLIANCE PETROCHEMICAL CO), Sanctions [NPWMD] [IFSR] (Linked To: LORDEGAN; a.k.a. LORDEGAN 44th Floor Pbcom Tower Ayala Avenue, PERSIAN GULF PETROCHEMICAL PETROCHEMICAL CO.; a.k.a. LORDEGAN Makati 1226, Philippines; 19th Floor Antel INDUSTRY CO.). UREA FERTILIZER CO.), No. 48, Saadat 2000 Corporate Center, 121 Valero St, Designated pursuant to section 1(a)(iv) of Abad, Farahzadi Boulevard, Nakhlestan Salcedo Village, Makati City 1226, E.O. 13382, for being owned or controlled by Street, Golestan Alley-I, Tehran 1517769513, Philippines; PAFC Industrial Park, Barangay the PERSIAN GULF PETROCHEMICAL

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00171 Fmt 4703 Sfmt 4703 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES 27402 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Notices

INDUSTRY CO., a person whose property PERSIAN GULF PETROCHEMICAL Designated pursuant to section 1(a)(iv) of and interests in property are blocked INDUSTRY CO.). E.O. 13382, for being owned or controlled by pursuant to E.O. 13382. Designated pursuant to section 1(a)(iv) of the PERSIAN GULF PETROCHEMICAL 30. PERSIAN GULF APADANA E.O. 13382, for being owned or controlled by INDUSTRY CO., a person whose property PETROCHEMICAL COMPANY (a.k.a. the PERSIAN GULF PETROCHEMICAL and interests in property are blocked APADANA PERSIAN GULF INDUSTRY CO., a person whose property pursuant to E.O. 13382. PETROCHEMICAL COMPANY), Unit 14, 3rd and interests in property are blocked 37. URMIA PETROCHEMICAL COMPANY Floor, No. 22, 5th Alley, Vozara St (Khalede pursuant to E.O. 13382. (a.k.a. ‘‘UPC’’), Iran; website www.urpcc.ir; Eslamboli), District 6, Tehran, Iran; website 34. PETROCHEMICAL INDUSTRIES Additional Sanctions Information—Subject http://pgapco.ir; Additional Sanctions DEVELOPMENT MANAGEMENT to Secondary Sanctions [NPWMD] [IFSR] Information—Subject to Secondary Sanctions COMPANY (a.k.a. PETROCHEMICAL (Linked To: PERSIAN GULF INDUSTRIES DEVELOPMENT [NPWMD] [IFSR] (Linked To: PERSIAN PETROCHEMICAL INDUSTRY CO.). MANAGEMENT; a.k.a. PIDMCO), Karim GULF PETROCHEMICAL INDUSTRY CO.). Designated pursuant to section 1(a)(iv) of Designated pursuant to section 1(a)(iv) of Khan Zand Street, Haft Tir Square, Tehran, Iran; website www.pidmco.ir; Additional E.O. 13382, for being owned or controlled by E.O. 13382, for being owned or controlled by the PERSIAN GULF PETROCHEMICAL the PERSIAN GULF PETROCHEMICAL Sanctions Information—Subject to Secondary Sanctions; Registration ID 89247 (Iran) INDUSTRY CO., a person whose property INDUSTRY CO., a person whose property [NPWMD] [IFSR] (Linked To: PERSIAN and interests in property are blocked and interests in property are blocked GULF PETROCHEMICAL INDUSTRY CO.). pursuant to E.O. 13382. pursuant to E.O. 13382. Designated pursuant to section 1(a)(iv) of 38. HEMMAT PETROCHEMICAL 31. PERSIAN GULF BID BOLAND GAS E.O. 13382, for being owned or controlled by COMPANY, Iran; Additional Sanctions REFINERY COMPANY (a.k.a. PERSIAN the PERSIAN GULF PETROCHEMICAL Information—Subject to Secondary Sanctions GULF BIDBOLAND GAS TREATING INDUSTRY CO., a person whose property [NPWMD] [IFSR] (Linked To: PERSIAN COMPANY), Unit 501, Fifth Floor, Block 8, and interests in property are blocked GULF PETROCHEMICAL INDUSTRY CO.). Shahid Beheshti Street, Ahmad Qasir, pursuant to E.O. 13382. Designated pursuant to section 1(a)(iv) of Bukharest Avenue 1513645311, Iran; website 35. RAHAVARAN FONOON E.O. 13382, for being owned or controlled by www.pgbidboland.ir; Additional Sanctions PETROCHEMICAL COMPANY (a.k.a. the PERSIAN GULF PETROCHEMICAL Information—Subject to Secondary ‘‘RFPC’’), Site 3, Economic Special Zone, INDUSTRY CO., a person whose property Sanctions; Registration Number 389019 (Iran) Bandar-e Emam Khomeyni, Bandar Mahshar, and interests in property are blocked [NPWMD] [IFSR] (Linked To: PERSIAN Khuzestan Province 6356178755, Iran; Floor pursuant to E.O. 13382. GULF PETROCHEMICAL INDUSTRY CO.). 7, Bldg No. 46, First of Karim Khan Zand St., 39. NAGHMEH FZE (a.k.a. NAGHMEH Designated pursuant to section 1(a)(iv) of & Tir Square, Tehran, Iran; Petrochemical COMPANY), United Arab Emirates E.O. 13382, for being owned or controlled by Complex, Pars Special Economic Zone, [NPWMD] (Linked To: PERSIAN GULF the PERSIAN GULF PETROCHEMICAL Assaluye, Bushehr Province, Iran; website PETROCHEMICAL INDUSTRY INDUSTRY CO., a person whose property www.rfpc.ir; Additional Sanctions COMMERCIAL CO.). and interests in property are blocked Information—Subject to Secondary Sanctions Designated pursuant to section 1(a)(iv) of pursuant to E.O. 13382. [NPWMD] [IFSR] (Linked To: PERSIAN E.O. 13382, for acting for or on behalf of 32. PERSIAN GULF PETROCHEMICAL GULF PETROCHEMICAL INDUSTRY CO.). PERSIAN GULF PETROCHEMICAL INDUSTRY COMMERCIAL CO. (a.k.a. Designated pursuant to section 1(a)(iv) of INDUSTRY COMMERCIAL CO., a person PERSIAN GULF PETROCHEMICAL E.O. 13382, for being owned or controlled by whose property and interests in property are INDUSTRIES COMMERCIAL COMPANY; the PERSIAN GULF PETROCHEMICAL blocked pursuant to E.O. 13382. a.k.a. PERSIAN GULF PETROCHEMICAL INDUSTRY CO., a person whose property 40. PETROCHEMICAL NON-INDUSTRIAL INDUSTRY COMMERCIAL; a.k.a. PERSIAN and interests in property are blocked OPERATIONS & SERVICES CO. (a.k.a. GULF PETROCHEMICAL INDUSTRY– pursuant to E.O. 13382. PETROCHEMICAL NON-INDUSTRIAL COMMERCIAL COMPANY; a.k.a. PGPICC), 36. SHAHID TONDGOYAN OPERATIONS AND SERVICES CO.), Iran; No. 38, Karimkhan Zand Boulevard, Haft Tir PETROCHEMICAL COMPANY (a.k.a. Additional Sanctions Information—Subject Square, Tehran 158489331, Iran; P.O. Box SHAHID TANDGOOYAN PETROCHEMICAL to Secondary Sanctions [NPWMD] [IFSR] 1584851181, Tehran, Iran; website CO.; a.k.a. SHAHID TONDGOOYAN (Linked To: PERSIAN GULF www.pgpicc.com; Additional Sanctions PETROCHEMICAL CO.; a.k.a. SHAHID PETROCHEMICAL INDUSTRY CO.). Information—Subject to Secondary TONDGUYAN PETROCHEMICAL Designated pursuant to section 1(a)(iv) of Sanctions; Registration Number 476760 (Iran) COMPANY; a.k.a. ‘‘STPC’’), Petrochemical E.O. 13382, for being owned or controlled by [NPWMD] [IFSR] (Linked To: PERSIAN Special Economic Zone (PETZONE), Iran; the PERSIAN GULF PETROCHEMICAL GULF PETROCHEMICAL INDUSTRY CO.). Valiasr Street, Above Vanak Square, Shahid INDUSTRY CO., a person whose property Designated pursuant to section 1(a)(iv) of Daman Afshar, Plain No. 50, Tehran and interests in property are blocked E.O. 13382, for being owned or controlled by 1969753111, Iran; Khuzestan Imam pursuant to E.O. 13382. the PERSIAN GULF PETROCHEMICAL Khomeini Port Special Economic Zone, 4th INDUSTRY CO., a person whose property Shahid Tondgoyan Petrochemical Company Dated: June 7, 2019. and interests in property are blocked 6356174196, Iran; P.O. Box 333, Iran; website Andrea M. Gacki, pursuant to E.O. 13382. www.stpc.ir; Additional Sanctions Director, Office of Foreign Assets Control, 33. PERSIAN GULF FAJR YADAVARAN Information—Subject to Secondary Sanctions U.S. Department of the Treasury. GAS REFINERY COMPANY, Iran; Additional [IRAN] [NPWMD] [IFSR] (Linked To: Sanctions Information—Subject to Secondary PERSIAN GULF PETROCHEMICAL [FR Doc. 2019–12380 Filed 6–11–19; 8:45 am] Sanctions [NPWMD] [IFSR] (Linked To: INDUSTRY CO.). BILLING CODE 4810–AL–P

VerDate Sep<11>2014 17:00 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00172 Fmt 4703 Sfmt 9990 E:\FR\FM\12JNN1.SGM 12JNN1 jbell on DSK3GLQ082PROD with NOTICES Vol. 84 Wednesday, No. 113 June 12, 2019

Part II

Department of Education

34 CFR Parts 600, 602, 603, et al. Student Assistance General Provisions, the Secretary’s Recognition of Accrediting Agencies, the Secretary’s Recognition Procedures for State Agencies; Proposed Rule

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27404 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

DEPARTMENT OF EDUCATION Education, 400 Maryland Ave. SW, Mail institutional mission, program mix, or Stop 294–20, Washington, DC 20202. level of credential offered; (7) clarify the 34 CFR Parts 600, 602, 603, 654, 668, Privacy Note: The Department’s Department’s accrediting agency and 674 policy is to make comments received recognition process, including accurate from members of the public available for recognition of the geographic area RIN 1840–AD36, 1840–AD37 public viewing on the Federal within which an agency conducts [Docket ID ED–2018–OPE–0076] eRulemaking Portal at business; (8) encourage and enable www.regulations.gov. Therefore, accrediting agencies to support Student Assistance General commenters should include in their innovative practices, and provide Provisions, the Secretary’s comments only information that they support to accrediting agencies when Recognition of Accrediting Agencies, wish to make publicly available. they take adverse actions; and (9) the Secretary’s Recognition FOR FURTHER INFORMATION CONTACT: For modify the requirements for State Procedures for State Agencies further information related to authorization. recognition of accrediting agencies, AGENCY: Office of Postsecondary Herman Bounds at herman.bounds@ Summary of the Major Provisions of Education, Department of Education. ed.gov or by phone at (202) 453–7615 or This Regulatory Action ACTION: Notice of proposed rulemaking. Elizabeth Daggett at elizabeth.daggett@ The proposed regulations would— ed.gov or (202) 453–6190. For further • Revise the requirements for SUMMARY: The Secretary proposes to information related to state accrediting agencies in their oversight of amend the regulations governing the authorization, Scott Filter at scott.filter@ member institutions and programs to be recognition of accrediting agencies, ed.gov or (202) 453–7249 or Sophia less prescriptive and provide greater certain student assistance general McArdle at [email protected] or autonomy and flexibility in order to provisions, and institutional eligibility, (202) 453–6318. For all other facilitate agility and responsiveness and as well as make various technical information related to this NPRM, promote innovation; corrections. Barbara Hoblitzell at barbara.hoblitzell@ • Revise the criteria used by the DATES: We must receive your comments ed.gov or (202) 453–7583 or Annmarie Secretary to recognize accrediting on or before July 12, 2019. Weisman at [email protected] agencies to focus on education quality and allow competition; ADDRESSES: Submit your comments or by phone at (202) 453–6712. If you • Revise the Department’s process for through the Federal eRulemaking Portal use a telecommunications device for the recognition and review of accrediting or via postal mail, commercial delivery, deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), agencies; or hand delivery. We will not accept • Clarify the core oversight comments submitted by fax or by email toll-free, at (800) 877–8339. SUPPLEMENTARY INFORMATION: responsibilities among each entity in the or those submitted after the comment regulatory triad—accrediting agencies, period. To ensure that we do not receive Executive Summary States, and the Department—to hold duplicate copies, please submit your Purpose of This Regulatory Action institutions accountable; comments only once. In addition, please • Establish the roles and include the Docket ID at the top of your Through this regulatory action, the responsibilities of institutions and comments. U.S. Department of Education accrediting agencies in the teach-out If you are submitting comments (Department) proposes to: (1) Strengthen process; electronically, we strongly encourage the regulatory triad by more clearly • Establish that the Department you to submit any comments or defining the roles and responsibilities of recognizes an institution’s legal attachments in Microsoft Word format. accrediting agencies, States, and the authorization to operate postsecondary If you must submit a comment in Adobe Department in oversight of institutions educational programs when it is exempt Portable Document Format (PDF), we participating in the Federal Student Aid from State authorization under the State strongly encourage you to convert the programs authorized under title IV of constitution or by State law as a PDF to print-to-PDF format or to use the Higher Education Act of 1965, as religious institution with a religious some other commonly used searchable amended (title IV, HEA programs); (2) mission; text format. Please do not submit the establish ‘‘substantial compliance’’ as • Revise the State authorization PDF in a scanned format. Using a print- the standard for agency recognition; (3) requirements for institutions offering to-PDF format allows the Department to increase academic and career mobility distance education or correspondence electronically search and copy certain for students by eliminating artificial courses; and portions of your submissions. regulatory barriers to work in a • Remove the regulations related to • Federal eRulemaking Portal: Go to profession; (4) provide greater flexibility the Robert C. Byrd Honors Scholarship www.regulations.gov to submit your for institutions to engage in innovative Program, which has not been funded in comments electronically. Information educational practices more many years. on using regulations.gov, including expeditiously and meet local and instructions for accessing agency national workforce needs; (5) protect Costs and Benefits documents, submitting comments, and institutional autonomy, honor As further detailed in the Regulatory viewing the docket, is available on the individual campus missions, and afford Impact Analysis, the benefits of the site under ‘‘Help.’’ institutions the opportunity to build proposed regulations would include • Postal Mail, Commercial Delivery, campus communities based upon providing transparency and improving or Hand Delivery: The Department shared values; (6) modify ‘‘substantive institutional access for students, strongly encourages commenters to change’’ requirements to provide greater honoring the autonomy and submit their comments electronically. flexibility to institutions to innovate and independence of agencies and However, if you mail or deliver your respond to the needs of students and institutions, restoring focus and clarity comments about the proposed employers, while maintaining strict to the Department’s agency recognition regulations, address them to Mr. Jean- agency oversight in instances of more process, integrating risk-based review Didier Gaina, U.S. Department of complicated or higher risk changes in into the recognition process, improving

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27405

teach-outs for students at closed or Maryland Ave. SW, Washington, DC, Postsecondary accreditation is a closing schools, improving outcomes, between 8:30 a.m. and 4:00 p.m., voluntary process in that a college or and restoring public trust in the rigor of Eastern Time, Monday through Friday university need not be accredited in the accreditation process and the value of each week except Federal holidays. order to provide instruction or confer of postsecondary education. The To schedule a time to inspect academic degrees. Generally, the potential costs associated with the comments, please contact one of the permission to operate as a degree- proposed regulations include some persons listed under FOR FURTHER granting institution comes from States. burden associated with required INFORMATION CONTACT. However, because colleges and disclosures and developing polices Assistance to Individuals with universities may not participate in the about accreditation decision-making, Disabilities in Reviewing the title IV, HEA programs unless they are enforcement of standards, and Rulemaking Record: On request, we will accredited, institutions are rarely able to substantive change reporting provide an appropriate accommodation attract students without this seal of requirements. While not the anticipated or auxiliary aid to an individual with a approval. outcome, it is possible agencies would disability who needs assistance to Moreover, accreditation is utilize reduced regulatory burden review the comments or other increasingly critical to ensuring that without redeploying resources towards documents in the public rulemaking employers and other institutions greater oversight of institutions. record for the proposed regulations. To recognize and value their degrees and However, the more likely scenario is schedule an appointment for this type of that students can transfer their credits to that this regulation will actually reduce accommodation or auxiliary aid, please another institution or continue their the need to hire outside firms to prepare contact one of the persons listed under education and pursue additional materials for submission to the FOR FURTHER INFORMATION CONTACT. credentials at other institutions upon Department. Increased competition graduation. among accreditors could have the Background Accrediting agencies are one important part of the regulatory triad unintended consequence of encouraging Under the Higher Education Act of that oversees higher education quality. some accreditors to lower standards. It 1965, as amended (HEA), the The others are State authorizing is therefore incumbent on the Department serves an important role in agencies, which ensure compliance with Department and NACIQI to utilize new ensuring that all academically ready State educational requirements and accountability and oversight tools students can attend the educational consumer protection laws; and the provided for in these regulations to institution of their choice. However, Department, which oversees adherence properly monitor agencies and mitigate Congress has prohibited the Department to rules of participation in title IV, HEA these risks. from intervening in the curricular Invitation to Comment: We invite you programs. Unfortunately, over time, decisions of an institution or attempting to submit comments regarding these States and the Department have shifted to exert control over its faculty, proposed regulations. some of their responsibilities to administration, or academic programs. To ensure that your comment has accrediting agencies, which has forced The Department of Education maximum effect in developing the final accrediting agencies to devote Organization Act affirms, ‘‘No provision regulations, we urge you to clearly significant resources and attention to of a program administered by the identify the specific section or sections oversight of issues outside of their core Secretary or by any other officer of the of the proposed regulations that your mission and expertise. comment addresses, and provide Department shall be construed to In addition, accrediting agencies and relevant information and data whenever authorize the Secretary or any such the institutions they oversee have too possible, even when there is no specific officer to exercise any direction, often been forced into regulation- solicitation of data and other supporting supervision, or control over the induced conformity. The volume of materials in the request for comment. curriculum, program of instruction, regulatory requirements limits We also urge you to arrange your administration, or personnel of any innovation and diversity among comments in the same order as the educational institution, school, or institutions in their approach to issues proposed regulations. Please do not school system . . . .’’ such as mission, curriculum, and submit a comment that is outside the Instead, Congress has assigned the instructional methods.1234 It is not scope of this notice of proposed role of overseeing the quality and simply that the sheer volume of rulemaking (NPRM), as we are not academic sufficiency of instructional regulatory requirements may limit required to respond to such comments. programs to accrediting agencies. innovation—though that is certainly a We invite you to assist us in Accrediting agencies are independent, concern—but also that many regulatory complying with the specific membership-based organizations that requirements of Executive Orders (E.O.) rely on peer review to ensure that 1 Keiser, A. (March 2018). Report to the U.S. 12866 and 13563 and their overall member institutions or programs meet Secretary of Education: 2018 Accreditation Policy requirement of reducing regulatory certain standards for academic quality Recommendations on Regulatory Reform. Retrieved burden that might result from these and rigor. The aim of accreditation is from https://sites.ed.gov/naciqi/files/2018/02/ Regulatory-Reform-Recommendations-FINAL.pdf. proposed regulations. Please let us not to ensure that all institutions or 2 Eaton, J. (April 2017). Position Paper: Regulatory know of any further ways we could programs accredited by a given agency Relief for Accreditation. Retrieved from https:// reduce potential costs or increase are identical or that all students who www.chea.org/sites/default/files/other-content/ potential benefits while preserving the attend those institutions or programs Regulatory-Relief.pdf. 3 effective and efficient administration of reach for the same goals or achieve the Broad, M. (April 30, 2015). Comments On Accreditation White Paper, American Council on the Department’s programs and same outcomes. Instead, accrediting Education. Retrieved from https://www.acenet.edu/ activities. agencies ensure that students have news-room/Documents/Comments-Alexander- During and after the comment period, access to qualified instructors, an Accreditation.pdf. you may inspect all public comments adequate curriculum, and necessary 4 Senate Task Force on Federal Regulation of Higher Education (February 28, 2015). Recalibrating about the proposed regulations by support services to enable them to meet Regulation of Colleges and Universities. Retrieved accessing regulations.gov. You may also their personal, academic, intellectual, from https://www.help.senate.gov/imo/media/ inspect the comments in person at 400 and career goals. Regulations_Task_Force_Report_2015_FINAL.pdf.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27406 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

and sub-regulatory requirements Mikulski (D–MD), Senator Michael changed its compliance review process demand adherence to the orthodoxy of Bennet (D–CO), and Senator Richard to an ‘‘all-or-nothing’’ standard that the day. Moreover, the growing list of Burr (R–NC)) to understand what these finds an agency to either be fully administrative responsibilities conferred leading voices considered to be compliant or fully noncompliant. This upon accrediting agencies reduces the important steps the Department might means that even when there is a minor time and attention they can devote to take to improve accreditation. Our error or omission that could be easily academic rigor and the student analysis revealed some common themes corrected, the agency must be found out experience. among those recommendations, of compliance. This approach fails to Policymakers and institutions including the following: differentiate between an agency that is increasingly ask accrediting agencies to • Clarify roles among the regulatory guilty of negligent disregard for give their imprimatur to educational triad, and reaffirm their system of academic rigor and an agency that is innovations as institutions search for checks and balances; using policy language that differs more efficient and effective ways to • Restore focus and clarity to the slightly from the Department’s meet the academic needs of more Department’s agency recognition regulations or is missing a document or students. Yet, the Department holds process and requirements; signature. Current regulations lack the accrediting agencies accountable for • Integrate risk-based review into the flexibility and mechanisms to fully ensuring that programs and institutions recognition process; acknowledge agencies that are meet quality standards that are well- • Eliminate unnecessary minutia in substantially compliant and that can accepted among a group of qualified the agency recognition process; become fully compliant within a peers. A risk-averse, peer-oriented • Confine the scope of review of reasonable timeframe. review process often discourages accrediting agencies to the express In performing our review and innovations that challenge the status regulatory requirements; engaging in negotiated rulemaking, we quo in higher education. The status quo • Simplify the recognition criteria asked the following questions: avoids risk, but innovation cannot exist and put a higher priority on activities • Which areas of the Department’s without it. More must be done to directly related to the student accreditation regulations and guidance determine which risks may be experience; are most directly related to education acceptable in order to move higher • Honor the autonomy, quality and the student experience? education forward. independence, and mission of Which are ambiguous, repetitive, or The Department and accrediting accrediting agencies and institutions; unnecessarily burdensome? agencies must provide reasonable • Reform substantive change • How do we strengthen the triad and assurances to students, parents, and requirements to enable institutions to clarify the roles and responsibilities of taxpayers that investments of time and respond more quickly to changing each entity? How do we eliminate money will not go to waste at an programmatic needs; duplication of oversight responsibilities • institution that does not deliver on its Allow agencies to utilize standards among two or more members of the triad promises or maintain a level of rigor that align with institution’s mission and to reduce burden and to ensure that the appropriate to ensure that a credential goals; and • appropriate entity is held accountable from that institution provides value. Clarify the issues on which the when it fails to fulfill its duties? The goal of our negotiated rulemaking Department seeks NACIQI’s policy • How can we embrace and support has been to examine the Department’s input. innovation without exposing students accreditation regulations and processes In December 2017, the Secretary and taxpayers to unreasonable risk? to determine which are critical to convened a diverse group of • How can we reduce the size of assessing the quality of an institution stakeholders for a Rethinking Higher petitions for recognition or for renewals and its programs and to protecting Education summit to learn about of recognition and still comprehensively student and taxpayer investments. We innovations in education delivery that review the work of an agency and believe these proposed regulations are can reduce cost and better prepare ensure the consistent application of its an important first step, and we are eager students for the demands of standards? to further inform and refine our contemporary work and life. • Can the Department provide more recommendations through input from Participants highlighted opportunities support and information to accrediting the public. Our goal continues to be to currently under development and the agencies to help them do their jobs more question why we recognize accrediting need to leverage these innovations to effectively? If so, what form should that agencies the way we do, why they serve a more diverse group of students, take? evaluate institutions or programs the accelerate credential completion, and • Has the Department or NACIQI way they do, and what alternatives improve student learning. We also heard become too prescriptive regarding might generate better results and create from many innovators that accreditation student achievement, despite the new efficiencies, cost savings, or has steep barriers to entry that may statutory prohibitions on prescribing improved outcomes. serve to protect market share for accrediting standards and the ability of When we drafted the initial regulatory established educational providers, even accrediting agencies to establish proposals we presented to negotiators when these providers’ student outcomes different standards for different before they met for the first time in may not be impressive. The Department institutions? Are there better options January 2019, we first considered the is concerned that accrediting agency that we should explore? recommendations made by the National reluctance to support or approve We first posed these questions at the Advisory Committee on Institutional innovations in higher education may be May 2018 NACIQI meeting, hoping to Quality and Integrity (NACIQI), the the result of the Department’s past generate conversation and receive Council for Higher Education tendency to dictate policies and feedback on our questions and concerns. Accreditation, the American Council on practices to accrediting agencies and We similarly presented a summary of Education, and the Senate Task Force second-guess even the most measured our concerns in remarks before the on Federal Regulation of Higher and responsible actions that accrediting University Professional and Continuing Education (convened by Senator Lamar agencies have taken to support reform. Education Association 2018 Annual Alexander (R–TN), Senator Barbara For example, in 2010, the Department Conference, as well as in remarks

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27407

delivered at the Council for Higher and representatives of groups involved institutions of higher education; private, Education Accreditation 2018 Federal in the title IV, HEA programs, the proprietary institutions of higher Policy Roundtable. These early Secretary, in most cases, must subject education; employers; and veterans. conversations helped us to gauge the the proposed regulations to a negotiated For the Distance Learning and relevance of our questions and to rulemaking process. If negotiators reach Educational Innovation Subcommittee, expand them to address concerns consensus on the proposed regulations, the Department sought individuals to articulated by our stakeholders. the Department agrees to publish represent the following groups: Through our various outreach activities, without alteration a defined group of Students; legal assistance organizations as well as through opportunities for regulations on which the negotiators that represent students; private, public comment and this negotiated reached consensus unless the Secretary nonprofit institutions of higher rulemaking process, we have sought to reopens the process or provides a education, with knowledge of direct question the usefulness, effectiveness, written explanation to the participants assessment programs and competency- and efficiencies of all elements of the stating why the Secretary has decided to based education; private, for-profit accreditation program. We further seek depart from the agreement reached institutions of higher education, with to leverage the experience of the during negotiations. Further information knowledge of direct assessment community to streamline and reduce on the negotiated rulemaking process programs and competency-based unnecessary costs associated with can be found at: www2.ed.gov/policy/ education; public institutions of higher accreditation while improving its highered/reg/hearulemaking/hea08/neg- education, with knowledge of direct outcomes. Finally, we aim to restore reg-faq.html. assessment programs and competency- public trust in the rigor of the On October 15, 2018, the Department based education; accrediting agencies; accreditation process and the value of published a notice in the Federal associations or organizations that postsecondary education. Register (83 FR 51906) announcing its provide guidance to or represent intention to establish a negotiated institutions with direct assessment Public Participation rulemaking committee—the programs and competency-based On July 31, 2018, we published a Accreditation and Innovation education; financial aid administrators notice in the Federal Register (83 FR Committee—to prepare proposed at postsecondary institutions; academic 36814) announcing our intent to regulations for the title IV, HEA executive officers at postsecondary establish a negotiated rulemaking programs. The notice set forth a institutions; nonprofit organizations committee to prepare proposed schedule for the committee meetings supporting inter-State agreements regulations for the title IV, HEA and requested nominations for related to State authorization of distance programs. We also announced our individual negotiators to serve on the or correspondence education programs; intention to create three subcommittees negotiating committee. We also and State higher education executives. for this rulemaking effort. In addition, announced the creation of three The Department sought individuals to we announced three public hearings at subcommittees—the Distance Learning represent the following groups for the which interested parties could comment and Educational Innovation Faith-Based Entities Subcommittee: on the topics suggested by the Subcommittee, the Faith-Based Entities Students; faith-based entities eligible for Department and could suggest Subcommittee, and the TEACH Grants title IV, HEA programs; officers of additional topics that should be Subcommittee—and requested institution-based Gaining Early considered for action by the negotiating nominations for individuals with Awareness and Readiness for committee. The hearings were held on pertinent expertise to serve on the Undergraduate Program (GEARUP) September 6, 2018, in Washington, DC; subcommittees. grantees; institutions of higher September 11, 2018, in New Orleans, The Department sought negotiators to education with knowledge of faith- LA; and September 13, 2018, in represent the following groups for the based entities’ participation in the title Sturtevant, WI. Transcripts from the Accreditation and Innovation IV, HEA programs; institutions of higher public hearings are available at: Committee: Students; legal assistance education with knowledge of faith- www2.ed.gov/policy/highered/reg/ organizations that represent students; based entities’ participation in the title hearulemaking/2018/index.html. financial aid administrators at IV, HEA programs and that are eligible We also invited parties unable to postsecondary institutions; national to receive Federal assistance under title attend a public hearing to submit accreditation agencies; regional III, parts A, B, and F, and title V of the written comments on the proposed accreditation agencies; programmatic HEA, which include Historically Black topics and to submit other topics for accreditation agencies; institutions of Colleges and Universities, Hispanic- consideration. Written comments higher education (IHEs) primarily Serving Institutions, American Indian submitted in response to the July 31, offering distance education; institutions Tribally Controlled Colleges and 2018, Federal Register notice may be of higher education eligible to receive Universities, Alaska Native and Native viewed through the Federal Federal assistance under title III, parts Hawaiian-Serving Institutions, eRulemaking Portal at A, B, and F, and title V of the HEA, Predominantly Black Institutions, and www.regulations.gov, within docket ID which include Historically Black other institutions with a substantial ED–2019–OPE–0076. Instructions for Colleges and Universities, Hispanic- enrollment of needy students as defined finding comments are also available on Serving Institutions, American Indian in title III of the HEA; accrediting the site under ‘‘Help.’’ Tribally Controlled Colleges and agencies; associations or organizations Universities, Alaska Native and Native that focus on issues related to faith- Negotiated Rulemaking Hawaiian-Serving Institutions, and based entities or the participation of Section 492 of the HEA, 20 U.S.C. other institutions with a substantial faith-based entities in Federal programs; 1098a, requires the Secretary to obtain enrollment of needy students as defined and financial aid administrators at public involvement in the development in title III of the HEA; two-year public postsecondary institutions. of proposed regulations affecting title institutions of higher education; four- The Department sought individuals IV, HEA programs. After obtaining year public institutions of higher with expertise in teacher education extensive input and recommendations education; faith-based institutions of programs, student financial aid, and from the public, including individuals higher education; private, nonprofit high-need teacher education programs

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27408 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

to serve as members of the TEACH representing four-year public operate by consensus. Consensus means Grant Subcommittee: Students who are institutions of higher education. that there must be no dissent by any or have been TEACH Grant recipients; Terry Hartle, American Council on member for the committee to have legal assistance organizations that Education, and Ashley Ann Reich reached agreement. Under the protocols, represent students; financial aid (alternate), Liberty University, if the committee reached a final administrators at postsecondary representing private, nonprofit consensus on all issues, the Department institutions; State primary and institutions of higher education. would use the consensus-based secondary education executive officers; Jillian Klein, Strategic Education, Inc., language in its proposed regulations. institutions of higher education that and Fabian Fernandez (alternate), Furthermore, the Department would not award or have awarded TEACH grants Schiller International University, substantively alter the consensus-based and that are eligible to receive Federal representing private, proprietary language of its proposed regulations assistance under title III, parts A, B, and institutions of higher education. unless the Department reopened the F, and title V of the HEA, which include William Pena, Southern New negotiated rulemaking process or Historically Black Colleges and Hampshire University, and M. Kimberly provided a written explanation to the Universities, Hispanic-Serving Rupert (alternate), Spring Arbor committee members regarding why it Institutions, American Indian Tribally University, representing institutions of decided to depart from that language. Controlled Colleges and Universities, higher education primarily offering At the first meeting, the Department Alaska Native and Native Hawaiian- distance education. received a petition for membership from Serving Institutions, Predominantly Christina Amato, Sinclair College, and David Tandberg, Vice President of Black Institutions, and other institutions Daniel Phelan (alternate), Jackson Policy Research and Strategic Initiatives with a substantial enrollment of needy College, representing two-year public at the State Higher Education Executive students as defined in title III of the institutions of higher education. Officers Association, to represent State HEA; two-year institutions of higher Barbara Gellman-Danley, Higher Higher Education Executive Officers. education that award or have awarded Learning Commission, and Elizabeth The negotiated rulemaking committee TEACH grants; four-year institutions of Sibolski (alternate), Middle States voted to include Mr. Tandberg on the higher education that award or have Commission on Higher Education, full committee. The Department also awarded TEACH grants; organizations representing regional accreditation received petitions to add other or associations that represent the agencies. members. The Department received a interests of students who participate in Laura King, Council on Education for petition to add a member representing title IV, HEA programs; and Public Health, and Janice Knebl State Attorneys General to the full organizations or associations that (alternate), American Osteopathic committee and the Distance Education represent financial aid administrators. Association Commission on Osteopathic and Innovation subcommittee. The College Accreditation, representing The Accreditation and Innovation committee did not agree to add a programmatic accreditation agencies. member representing this constituency negotiating committee included the Michale S. McComis, Accrediting to the full committee but did agree by following members: Commission of Career Schools and consensus to add such a member to the Susan Hurst, Ouachita Baptist Colleges, and India Y. Tips (alternate), subcommittee. The committee also University, and Karen McCarthy Accrediting Bureau of Health Education agreed by consensus vote to add a (alternate), National Association of Schools, representing national member to the TEACH Grant Student Financial Aid Administrators, accreditation agencies. subcommittee. representing financial aid Steven M. Sandberg, Brigham Young During the first meeting, the administrators at postsecondary University, and David Altshuler negotiating committee agreed to discuss institutions. (alternate), San Francisco Theological an agenda of issues related to Robyn Smith, Legal Aid Foundation Seminary, representing faith-based accreditation and student financial aid. of Los Angeles, and Lea Wroblewski institutions of higher education. Joseph Under the protocols, we placed the (alternate), Legal Aid of Nebraska, Verardo, National Association of issues into three ‘‘buckets.’’ Final representing legal assistance Graduate-Professional Students, and consensus on a bucket of issues would organizations that represent students. John Castellaw (alternate), University of have to include consensus on all issues Ernest McNealey, Allen University, Arizona, representing students. within that bucket. The first bucket and Erin Hill Hart (alternate), North Edgar McCulloch, IBM Corporation, included issues related to accreditation Carolina A&T State University, and Shaun T. Kelleher (alternate), BAM in 34 CFR parts 600, 602, 603, and 668, representing institutions of higher Technologies, representing employers. as well as the Robert C. Byrd education that award or have awarded Daniel Elkins, Director, Veterans Scholarship Program regulations in 34 TEACH grants and that are eligible to Education Project, and Elizabeth Bejar CFR part 654. The second bucket receive Federal assistance under title III, (alternate), Florida International included issues related to the TEACH Parts A, B, and F, and title V of the HEA, University, representing veterans. grant program in 34 CFR 686 and the which include Historically Black Annmarie Weisman, U.S. Department treatment of faith-based entities in Colleges and Universities, Hispanic- of Education, representing the student aid and grant programs in 34 Serving Institutions, American Indian Department. CFR parts 674, 675, 676, 682, 685, 690, Tribally Controlled Colleges and The negotiated rulemaking committee 692, and 694. The third bucket included Universities, Alaska Native and Native met to develop proposed regulations on issues related to distance learning and Hawaiian-Serving Institutions, January 14–16, 2019; February 19–22, educational innovation in 34 CFR parts Predominantly Black Institutions, and 2019; March 25–28, 2019; and April 1– 600 and 668. The committee reached other institutions with a substantial 3, 2019. consensus on each of the three buckets. enrollment of needy students as defined During its first meeting, the In general, the Department plans to in title III of the HEA. negotiating committee reached issue separate NPRMs and final David Dannenberg, University of agreement on its protocols and proposed regulations for each bucket of issues, Alaska, Anchorage, and Tina Falkner agenda. The protocols provided, among although for purposes of coherence and (alternate), University of Minnesota, other things, that the committee would in view of the interrelated nature of the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27409

proposed regulations, a few issues will institution is to make determinations • In proposed §§ 602.11 and 602.12, be addressed in an earlier or later NPRM regarding a student’s location; transition from the concept of an than the respective buckets to which • Delete § 600.9(c)(2), as published at accrediting agency’s ‘‘geographic scope’’ those issues were assigned throughout 81 FR 62262 (December 19, 2016), as determined by the Department, to one the negotiations. This NPRM addresses regarding State processes for review of of ‘‘geographic area’’ as reported by the issues related to accreditation in 34 CFR complaints from students enrolled in agency and reflecting all States in which parts 600, 602, 603, and 668, and the distance or correspondence programs main campuses, branches and locations Robert C. Byrd Scholarship Program in who reside in a State in which the accredited by the agency are located; 34 CFR part 654. institution is not physically located; • Under proposed § 602.12, no longer During committee meetings, the • Establish in § 600.11 conditions require an accrediting agency that is negotiators reviewed and discussed the under which the Secretary would seeking its own recognition but is Department’s drafts of regulatory prohibit a change in accrediting affiliated with an agency that is already language and the committee members’ agencies and the utilization of multiple recognized to document it has engaged alternative language and suggestions. At accrediting agencies; in accrediting activities for at least two • the final meeting on April 3, 2019, the Provide clarifying edits to years; committee reached consensus on the § 600.31(a)(1), and to the definitions of • Under proposed § 602.12, no longer regulatory language in each of the three ‘‘closely-held corporation,’’ ‘‘parent,’’ require agencies applying for an and ‘‘person;’’ expansion of scope to have accredited buckets. For this reason, and according • to the committee’s protocols, committee Rename the term ‘‘other institutions or programs in the areas for members and the organizations that they corporations’’ in § 600.31(c)(3) to read which the expansion is sought, while represent have agreed to refrain from ‘‘other entities,’’ and revise the reserving in the Department in such definition of the term as renamed; commenting negatively on the • instances authority to establish a consensus-based regulatory language. Rename the heading ‘‘Partnership limitation on the agency or require a For more information on the negotiated or sole proprietorship’’ in § 600.31(c)(4) monitoring report; rulemaking sessions, please visit: to read ‘‘General partnership or sole • Eliminate current § 602.13, relying www2.ed.gov/policy/highered/reg/ proprietorship’’; revise the heading on other regulations to ensure the hearulemaking/2012/ ‘‘Parent corporation’’ in § 600.31(c)(5) Department obtains feedback on the programintegrity.html#info. read ‘‘Wholly owned subsidiary’’; and agency from the academic community; revise the content of § 600.31(c)(5); • Revise § 602.14 to clarify the Summary of Proposed Changes • Rename the heading ‘‘Partnership ‘‘separate and independent’’ or sole proprietorship’’ in § 600.31(c)(4) The proposed regulations would— requirement; to read ‘‘General partnership or sole • Amend in § 600.2 the definition of • In proposed § 602.15, clarify proprietorship’’; revise the heading ‘‘branch campus’’; requirements regarding conflict of ‘‘Parent corporation’’ in § 600.31(c)(5) • Create in § 600.2 new definitions of interest controls and reduce agencies’ read ‘‘Wholly owned subsidiary’’; and ‘‘additional location,’’ record-keeping requirements; revise the content of § 600.31(c)(5); • ‘‘preaccreditation,’’ ‘‘teach-out,’’ • Amend in § 600.32 the In proposed § 602.16, require ‘‘religious mission,’’ and remove the requirements for acquisitions of, or agencies that accredit direct assessment definition of ‘‘preaccredited’’; programs to ensure their standards • teach-outs at, additional locations of Move from § 602.3 to § 600.2, and institutions that are closing; effectively address such programs, and modify, the definitions of • Eliminate a provision regarding the provide additional flexibility to agencies ‘‘preaccreditation,’’ ‘‘teach-out long-repealed transfer-of-credit in setting standards for occupational agreement,’’ and ‘‘teach-out plan’’; alternative to recognized accreditation and dual enrollment programs; • • Clarify in §§ 600.4, 600.5, and 600.6 from § 600.41; Revise § 602.17 to require that the Secretary does not recognize the • Amend in § 602.3 the definitions of accredited entities to meet their accreditation or preaccreditation of an ‘‘compliance report,’’ ‘‘final accrediting objectives at the institutional and institution unless the institution agrees action,’’ ‘‘programmatic accrediting program levels; • to submit any dispute involving an agency,’’ ‘‘scope of recognition’’ or Further revise § 602.17 to encourage adverse action, such as the final denial, ‘‘scope,’’ and ‘‘senior Department innovation, require substantiation of withdrawal, or termination of official’’; evidence, and provide greater flexibility accreditation, to arbitration before • Establish in § 602.3 new definitions to agencies in establishing requirements initiating any other legal action; for ‘‘monitoring report’’ and ‘‘substantial for verifying student identity; • Establish in § 600.9(b) that we compliance’’; • In § 602.18, establish that agencies consider an institution to be legally • Add in § 602.3 new cross-references must not use religious-based policies, authorized to operate educational to definitions in part 600 for decisions and practices as a negative programs beyond secondary education if ‘‘accredited,’’ ‘‘correspondence course,’’ factor in applying various of their it is exempt from State authorization ‘‘credit hour,’’ ‘‘direct assessment accrediting standards, while recognizing under the State constitution or by State programs,’’ ‘‘distance education,’’ the agencies’ authority to ensure that law as a religious institution; ‘‘nationally recognized accrediting curricula are complete; • Amend § 600.9(c)(1), as published agency,’’ ‘‘Secretary,’’ and ‘‘State,’’ and • Also in § 602.18, acknowledge the at 81 FR 62262 (December 19, 2016), to otherwise eliminate definitions for these ability of agencies in appropriate make the paragraph also applicable to terms in § 602.3; circumstances to establish alternative institutions exempt from State • Revise the ‘‘federal link’’ standards, policies and procedures, and authorization under proposed requirement in § 602.10 to permit an to extend the time for complying with § 600.9(b); to substitute where a student agency to comply by establishing that it their standards, policies and is ‘‘located,’’ rather than where the dually accredits a program or institution procedures, while establishing student is residing, as a trigger for State that could use its accreditation to guidelines for ensuring that agencies, authorization requirements; and to add establish eligibility to participate in title institutions and programs remain provisions regarding when and how an IV, HEA programs; accountable in such circumstances;

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27410 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

• Revise § 602.19 to require a review, maintain confidentiality of • Any investigation, action or at the next meeting of NACIQI, of any Departmental information requests will prosecution by a law enforcement change in scope of an agency when an be based on a determination by the agency of which the institution is aware institution it accredits, that offers Department that the need for for an issue related to academic quality, distance education or correspondence confidentiality is compelling. misrepresentation, fraud, or other severe courses, increases its enrollment by 50 • Revise §§ 602.31–602.37 to matters; and percent or more within any one incorporate the substantial compliance • Several matters required to be institutional fiscal year; standard and the use of monitoring disclosed under HEA § 485, but not • Revise § 602.20 to remove overly reports; revise requirements regarding currently included in regulation, with prescriptive timelines for agency agency applications and staff review of the statutory requirement for disclosures enforcement actions; the applications; require NACIQI of placement rates under HEA • Revise § 602.21 to clarify that, when involvement in any decision for initial § 485(a)(1)(R) clarifies to pertain to reviewing standards, agencies must recognition; allow greater flexibility in placement rates required by an maintain a comprehensive systematic permitting agencies an opportunity to accrediting agency or State. program that involves all relevant come into compliance; provide an • Revise the ‘‘federal link’’ constituencies. opportunity for briefing by an agency requirement in § 602.10 • Modify substantive change and the Department staff if the senior • Further revise § 602.17 to encourage requirements in § 602.22, by requiring Department official determines that a innovation more restrictive oversight of institutions decision to deny, limit or suspend may • Revise § 602.19 to require a review, posing higher risk, and less of other be warranted; and make other at the next meeting of NACIQI, of any institutions; by permitting an agency to procedural and technical changes. change in scope of an agency when an provide more expeditious review of • In § 603.24(c), remove the institution it accredits, that offers certain kinds of substantive change by requirement for review by State distance education or correspondence delegating decision-making authority to approval agencies of institutional credit courses, increases its enrollment by 50 agency senior staff; and by permitting hour policies; percent or more within any one agencies to provide retroactive effective • Remove and reserve part 654, institutional fiscal year; dates for substantive change approvals, regarding the Robert C. Byrd Honors • Revise § 602.20 to remove overly subject to certain requirements; Scholarship Program; prescriptive timelines for agency • • Add to § 602.23 a requirement for Add new § 668.26(e) to provide the enforcement actions; public notice of the procedures and Secretary with discretion, in specified • Revise § 602.21 to clarify that, when steps required by agencies, States and circumstances, to permit an institution reviewing standards, agencies must the Department with respect to to disburse title IV, HEA funds for no maintain a comprehensive systematic accreditation, preaccreditation and more than 120 days after the end of program that involves all relevant substantive change applications and participation to previously enrolled constituencies; and decisions. students for purposes of completing a • • Add requirements in § 602.23 Also in § 602.23, add requirements teach-out. related to granting preaccreditation. related to grants of preaccreditation, and • Replace requirements in § 668.41 require each agency that serves as a title for disclosure of any program placement Significant Proposed Regulations IV, HEA gatekeeper to use Department rate calculated, along with associated We group major issues according to definitions of branch campus and timeframes and methodology, with subject, with appropriate sections of the additional location, as well as to notify requirements for disclosure only of any regulations referenced in parenthesis. the Department if it accredits part but placement rate published or used in We discuss substantive issues under the not all of an institution participating the advertising; sections of the proposed regulations to title IV programs. • Revise § 668.43 to require • which they pertain. Generally, we do In § 602.24, streamline disclosures, including direct disclosures not address proposed regulatory requirements for approvals of branch to individual students and prospective provisions that are technical or campuses, establish new requirements students in certain circumstances, for otherwise minor in effect. for teach-out plans and teach-out each State, whether or not a program agreements, remove the requirement meets licensure and certification Institutional Eligibility related to accrediting agency review of requirements, as well as any States for Definitions (§ 600.2) institutional credit hour policies during which the institution has not made a comprehensive reviews, and, with determination; and remove § 668.50; Statute: HEA sections 101(a)(2) and respect to institutions participating in • Revise § 668.43(a)(12) to clarify that 102(a)(1), (b)(1)(B), and (c)(1)(B) require the title IV, HEA programs, conform disclosures of written arrangements an institution of higher education to be agency definitions of branch campuses wherein a portion of a program are to be legally authorized within a State to and additional locations with the provided by an entity other than the provide a program of education beyond Department’s. institution are to be included in the secondary education. Section 495(b) • Remove reversal as an option program description; requires each institution of higher available to agency appeals panels, and • Further revise § 668.43 to require education to provide evidence to the clarify the remand option, under disclosures of documents regarding— Secretary that the institution has § 602.25; • Any types of institutions or sources authority to operate within a State at the • Under proposed § 602.26, add a from which the institution will not time the institution is certified. Section requirement for notice to the Secretary, accept transfer of credit; 487(f)(2) defines ‘‘teach-out plan.’’ the State, other accrediting agencies, • Criteria used to evaluate and award Section 101(a)(5) permits certain public and current and prospective students of credit for prior learning experience; and nonprofit institutions to qualify as initiation of an adverse action, and • Any requirement by the accrediting institutionally eligible for HEA purposes modify other notice requirements; agency that the institution be required if they are accredited or preaccredited • Clarify in § 602.27(b) that requests to maintain a teach-out plan, and why by a recognized accrediting agency. from the Department for agencies to the requirement was imposed; Section 102(b)(1)(D) requires a

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27411

‘‘proprietary institution of higher program of study. Under the proposed school discharge if the student chooses education’’ to be accredited by a regulations, we would move the not to take advantage of an institution’s nationally recognized accrediting definition of ‘‘teach-out agreement’’ teach-out option. The definition of a agency. Section 496(a)(4)(A) requires from the accreditation regulations in ‘‘teach-out’’ also notes that an that the standards of recognized § 602.3 to the institutional eligibility institution may not misrepresent the accrediting agencies respect the stated regulations in § 600.2 and define a nature of its teach-out plans or mission of accredited institutions, ‘‘teach-out agreement’’ as a written agreements, or the ability of students to including religious mission. agreement between institutions that transfer credit in general or through a Current Regulations: Section 600.2 provides for the equitable treatment of teach-out agreement, in recognition of defines several terms applicable to students and a reasonable opportunity the vulnerability of students during institutional eligibility, including for students to complete their program such a process. ‘‘branch campus,’’ ‘‘preaccredited,’’ and of study if an institution ceases to The Department proposes to revise ‘‘teach-out plan.’’ Section 602.3 also operate or plans to cease operations the definition of ‘‘teach-out plan’’ to defines ‘‘teach-out plan,’’ and before all enrolled students have clearly distinguish a teach-out plan from ‘‘preaccreditation,’’ and ‘‘teach-out completed their program of study. a teach-out agreement, where a teach- agreement.’’ There is no definition of We propose to define ‘‘religious out agreement is an actual written ‘‘religious mission’’ or ‘‘additional mission’’ as a published institutional contract between two or more location.’’ mission that is approved by the institutions and a teach-out plan is Proposed Regulations: In § 600.2 we governing body of an institution of developed by an institution and may or propose to add definitions of postsecondary education and that may not include teach-out agreements ‘‘additional location,’’ ‘‘religious includes, refers to, or is predicated upon with other institutions. The Department mission,’’ ‘‘teach-out,’’ and ‘‘teach-out religious tenets, beliefs, or teachings. also believes that the definition of agreement,’’ and revise the definitions The committee agreed to maintain the ‘‘teach-out plan’’ should include plans of ‘‘branch campus’’ and ‘‘teach-out definition of ‘‘State authorization for teaching out students during orderly plan.’’ We will remove the definitions of reciprocity agreement’’ as it was closures in which an institution plans to ‘‘teach-out plan’’ and ‘‘teach-out established in the Program Integrity and cease operating but has not yet closed. agreement’’ from § 602.3. We also Improvement regulations published in The Department believes that we serve propose to move the definition of the Federal Register on December 19, both students and taxpayers better when ‘‘preaccreditation’’ from § 602.3 to 2016 (81 FR 92232). an individual institution can § 600.2, revise the definition to note that Reasons: The Department is adding a responsibly wind down its operations or this status is also referred to as definition of ‘‘additional location’’ and assist students in finding a transfer or ‘‘candidacy,’’ and remove the definition revising the definition of ‘‘branch teach-out institution in order to of ‘‘preaccredited’’ from § 600.2. campus’’ to implement its current complete their program. The proposed definition of policy with respect to those terms and The Department proposes to add a ‘‘additional location’’ would define the to avoid confusion caused by occasional definition of ‘‘religious mission’’ to term as a facility geographically apart at inconsistent usage among the clarify related State authorization which the institution offers at least 50 Department, States, and various requirements and the nature of percent of a program and would provide accrediting agencies. We believe that a accrediting agencies’ statutory that an additional location may qualify clear definition of ‘‘additional location’’ responsibilities to ensure that their as a branch campus. We propose to is necessary given the frequent use of standards respect ‘‘religious mission.’’ clarify the definition of ‘‘branch the term elsewhere in the regulations. The negotiators agreed upon the campus’’ and indicate that it is one type Under the Department’s longstanding definition of ‘‘religious mission’’ of additional location. policy, we have defined an ‘‘additional following extensive exploration of the The proposed regulations would location’’ as a location that is issue by the Faith-based subcommittee. define a ‘‘teach-out’’ as a period of time geographically apart, at which the We believe the definition effectively during which an institution or one of its institution offers at least 50 percent of differentiates between institutions with programs engages in an orderly closure an eligible program. This definition explicit faith-based principles included or when another institution provides an would codify that policy. The in their mission and those that merely opportunity for the students of the Department has also revised the have an historical connection to a closed school to complete its program, definition of ‘‘branch campus’’ to clearly religious order that is no longer relevant regardless of their academic progress at indicate that it is one type of additional to the institution’s mission. Achieving the time of closure. The definition location that meets additional criteria, this balance is an important goal shared would also provide that eligible including permanence and autonomy by many negotiators and members of the borrowers cannot be required to take a with respect to faculty, administration, Faith-Based Entities Subcommittee. The teach-out in lieu of accessing closed- and budgetary and hiring authority. Department intends for a religious school discharges and note that The Department proposes to move the institution to have wide latitude in institutions are prohibited from definitions of ‘‘teach-out agreement’’ carrying out its religious mission across misrepresenting the nature of teach-out and ‘‘preaccreditation’’ from the all aspects of its academic and non- plans, teach-out agreements, and accreditation regulations in § 602.3 to academic programs, functions, and transfer of credit. the institutional eligibility regulations responsibilities. The Department We also propose to distinguish in § 600.2 for consistency, and because initially proposed listing each of those between a ‘‘teach-out plan’’ and a the use of those terms extends to areas. However, following discussions ‘‘teach-out agreement.’’ In the definition regulations in part 600 and part 668. with negotiators, we now believe it is of ‘‘teach-out plan,’’ we propose to The Department proposes to add a not possible to create a list that is include situations where an institution definition of ‘‘teach-out’’ in order to sufficiently comprehensive and yet plans to cease operating, but has not yet clarify the types of activities that qualify avoids unintended incursions into a closed, and limit the term to situations as a teach-out and to clearly express that religious institution’s mission or in a closure is or will occur before all a teach-out is not intended to deny a mission-based policies, as well as the enrolled students have completed their student the ability to receive a closed- accrediting agencies’ authority to ensure

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27412 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

program quality. As discussed below, leading to a baccalaureate degree in as proprietary institutions of higher we included a non-exclusive list of liberal arts’’ to delete the phrases ‘‘the education as defined in HEA section categories of accrediting standards as to institution’s recognized regional 102(b), and postsecondary vocational which accrediting agencies are not to accreditation agency or organization institutions as defined in HEA section use an agency’s religious mission-based determines’’ and ‘‘in the liberal arts 102(c). The definitions of ‘‘proprietary policies, decisions and practices as a subjects, the humanities disciplines, or institution of higher education,’’ in HEA negative factor in 602.18(a)(3). That list the general curriculum.’’ section 102(b)(1)(B), and is not intended to exclude other topics Reasons: When an institution subject ‘‘postsecondary vocational institution,’’ or situations where a religious mission to an adverse action may proceed in HEA section 102(c)(1)(B), both is relevant and must be respected. directly to filing a lawsuit against its reference the requirement in HEA accrediting agency, a lengthy and costly section 101(a)(2) of being legally Institution of Higher Education, legal battle may result. This potential authorized within a State. HEA Section Proprietary Institution of Higher consequence could serve as a deterrent 495(b) requires each institution of Education, and Postsecondary to agencies taking necessary action. higher education to provide evidence to Vocational Institution (§§ 600.4, 600.5, Arbitration allows agencies to take the Secretary that the institution has and 600.6) needed action and resolve disputes authority to operate within a State at the Statute: HEA section 496(e) provides more quickly and potentially without time the institution is certified. that the Secretary may not recognize the costly litigation. Further, action that is Current Regulations: Current accreditation of any institution of higher swifter better meets the needs of § 600.9(b) provides that an institution is education unless it agrees to submit any students and the public. While the considered to be legally authorized to dispute involving the final denial, statutory requirement has not changed, operate educational programs beyond withdrawal, or termination of the Department wants to increase secondary education if it is exempt from accreditation to initial arbitration prior awareness of it, in part due to a lack of State authorization as a religious to any other legal action. HEA section clarity in the regulations, and we wish institution under the State constitution 102(b)(1)(A)(ii) provides for eligibility of to highlight this important requirement or by State law, and defines a ‘‘religious proprietary institutions of higher with the proposed regulation. Moreover, institution’’ for this purpose as an education that provide a program although arbitration proceedings are institution that is owned, controlled, leading to a baccalaureate degree in sometimes less transparent than operated and maintained by a religious liberal arts and have provided such a proceedings in court, the Department organization lawfully operating as a program since January 1, 2009, as long believes that existing and proposed nonprofit religious corporation, and that as they are also accredited by a requirements for notice to students and awards only religious degrees or recognized regional accrediting agency the public at 34 CFR 602.26 and 668.43 certificates including, but not limited to, and have continuously held such will ensure both are timely aware of a certificate of Talmudic studies, an accreditation since October 1, 2007 or accreditation disputes and their associate of Biblical studies, a bachelor earlier. resolution. of religious studies, a master of divinity, Current Regulations: Sections In the edits to § 600.5(e), we propose or a doctor of divinity. 600.4(c), 600.5(d), and 600.6(d) provide to clarify the definition of ‘‘program In addition, regulations on State that the Secretary does not recognize the leading to a baccalaureate degree in authorization of institutions offering accreditation or preaccreditation of an liberal arts’’ in § 600.5 to establish the postsecondary education through institution unless the institution agrees Department’s responsibility for distance education or correspondence to submit any dispute involving the determining what types of programs courses at § 600.9 (c)(1)(i) state that an final denial, withdrawal, or termination qualify, and to tighten up the regulatory institution of higher education that of accreditation to initial arbitration definition of the term, while otherwise meets State authorization before initiating any other legal action. maintaining and respecting the requirements but that offers For purposes of eligibility of grandfathering requirements in the postsecondary education through proprietary institutions of higher statute. The requirement that an distance education or correspondence education to participate in the title IV, institution desiring to be covered by this courses to students residing in a State in HEA programs, § 600.5(e) provides that provision must be accredited by a which the institution is not physically a ‘‘program leading to a baccalaureate recognized regional accrediting agency located, or in which the institution is degree in liberal arts’’ is a program that and must have continuously held such otherwise subject to that State’s the institution’s recognized regional accreditation since October 1, 2007 or jurisdiction, is required to meet that accrediting agency or organization earlier, remains in regulation at State’s requirements for it to be legally determines is a general instructional 600.5(a)(5)(i)(B). offering postsecondary distance program in the liberal arts subjects, the education or correspondence courses in humanities disciplines, or the general State Authorization (§ 600.9) that State. An institution must provide curriculum, falling within one or more Statute: In pertinent part, HEA section documentation of the State’s approval, of the generally accepted instructional 101(a)(2) states that, for the purposes of upon the Secretary’s request. categories comprising such programs the HEA, other than title IV, ‘‘institution Section 600.9(c)(1)(ii) 5 states that if listed in § 600.5(e). of higher education’’ means an an institution of higher education that Proposed Regulations: We propose to educational institution in any State that otherwise meets State authorization clarify that institutions must agree that is legally authorized within such State they will engage in arbitration prior to to provide a program of education 5 These regulations, promulgated as part of the taking legal action against their agency beyond secondary education. Program Integrity and Improvement rules published in the Federal Register on December 19, 2016 (81 in the event of an adverse action, Additionally, HEA section 102 FR 92232), initially were delayed in their effective regardless of whether the action is defines an ‘‘institution of higher date until July 1, 2020, published in the Federal termed denial, withdrawal, or education’’ for title IV purposes. HEA Register on July 3, 2018 (83 FR 31296). termination, or another term is used section 102(a)(1) includes institutions of Subsequently, the court in National Education Association v. DeVos, No. 18–cv–05173 (N.D. CA instead. In § 600.5(e), we propose to higher education covered by the April 26, 2019) vacated the delay, effective May 26, revise the definition of ‘‘program definition in HEA section 101, as well 2019.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27413

requirements but offers postsecondary student’s location has changed to concept of ‘‘residence’’ from the education through distance education or another State. We propose to require regulations under § 600.9(c) and replace correspondence courses in a State that institutions to maintain policies and it with ‘‘location.’’ Use of the concept of participates in a State authorization procedures governing this process and ‘‘residence’’ has led to confusion and reciprocity agreement, and the to consistently apply them to all barriers to compliance because States institution is covered by such students. An institution would need to have different requirements for agreement, the institution is considered establish (or maintain) and document a establishing legal or permanent to meet State requirements for it to be process for a student to submit a change residence, and in many occasions legally offering postsecondary distance of address. This will generally entail a require a person to live in a State for education or correspondence courses in method for a student to log into the several years in order to meet such that State, subject to any limitations in institution’s system and indicate a new requirements. These requirements may the agreement and any additional address, but it could be another process also differ within States for purposes of requirements of that State. Again, the that resulted in documentation of the voting, paying in-State tuition, or other Secretary may require the institution to change. On request, the institution rights and responsibilities. For this provide documentation of the approval. would need to provide the Secretary reason, many States have adopted Section 600.9(c)(2) requires an with written documentation of its requirements for distance education and institution that offers postsecondary determination of a student’s location, correspondence courses that refer to a education through distance education or and the basis for the determination. student’s location, which may be more correspondence courses to students Finally, we propose to remove the temporary than permanent residence. residing in a State in which the requirement for a student complaint By referring to a student’s ‘‘location’’ institution is not physically located to process appearing in current rather than his or her ‘‘residence,’’ the document that there is a State process § 600.9(c)(2). Department intends to make its for review of complaints from any of Reasons: The Department proposes to regulations more consistent with those enrolled students concerning the generally maintain the definition of existing State requirements and to institution, in each State in which the ‘‘State authorization reciprocity ensure that students who have not enrolled students reside. Alternatively, agreement’’ as it was established in the established legal or permanent under § 600.9(c)(2), such an institution Program Integrity and Improvement residence in a State benefit from State may be party to a State authorization regulations published in the Federal requirements for an institution to offer reciprocity agreement that designates for Register on December 19, 2016 (81 FR distance education and correspondence this purpose either the State in which 92232), as part of the framework in courses in that State. the institution’s enrolled students reside § 600.9(c) requiring institutions to or the State in which the main campus comply with State requirements if they The committee agreed to regulations is located as the relevant State for enroll students located in a State that would require an institution to review of complaints. through distance education or establish consistent policies for Proposed Regulations: The proposed correspondence courses. The committee determining the State in which a regulations would revise § 600.9(b) to agreed that the requirements in student is located for purposes of delete the limiting definition of § 600.9(c) are an important complement establishing whether the institution is religious institution. The committee to the State’s exercise of its oversight subject to the requirements in § 600.9(c) agreed to several changes to § 600.9(c), responsibilities under the program in that State. Without such regarding legal authorization of integrity triad, and that an institution’s requirements, there could be confusion institutions offering postsecondary eligibility for aid under the title IV, HEA regarding whether an institution must education through distance education or programs should be contingent on an abide by State requirements in a given correspondence courses. The proposed institution abiding by State State for purposes of complying with rule would apply not only to requirements for distance education and § 600.9(c). The committee members institutions that are currently correspondence courses. The committee discussed the need to avoid subjecting authorized under § 600.9(a)(1), but also also agreed that reciprocity agreements an institution to unrealistic and to institutions exempt from State among States are an important method burdensome expectations of authorization as religious institutions by which institutions may comply with investigating and acting upon any under proposed § 600.9(b). State requirements and reduce the information about the student’s Under the proposed regulations, burden on institutions that would whereabouts that might come into its § 600.9(c) would no longer refer to a otherwise be subject to numerous sets of possession. Therefore, the proposed student’s residence in a State where the varying requirements established by regulations would require that an institution was offering distance individual States. institution establish a student’s location education or correspondence courses The committee agreed to include for the purposes of § 600.9(c) upon the and would instead refer to a student’s religious institutions that are exempt student’s initial enrollment in a location. from State authorization under program, and upon formal receipt of Section 600.9(c) would also require an § 600.9(b) in the framework for State information from the student that the institution to determine the State in authorization of distance education and student’s location has changed to which a student is located for purposes correspondence courses because those another State. The committee agreed of establishing whether the institution institutions may also be subject to that it is important to ensure that was subject to the requirements in requirements for distance education or institutions maintain equitable policies § 600.9(c) in that State. The proposed correspondence courses by States in and procedures governing this process regulations would require an institution which the institution is not physically and consistently apply them to all to determine a distance or located, and should be permitted to students, and that the procedures correspondence student’s location at the comply with such requirements through established for purposes of complying time of the student’s initial enrollment, State authorization reciprocity with § 600.9(c) should be the same as and upon formal receipt of information agreements. those established for complying with from the student in accordance with the The committee agreed with the the individualized disclosure institution’s procedures that the Department’s proposal to remove the requirements in proposed § 668.43(c).

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27414 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Finally, the committee agreed to designates which agency’s accreditation nonetheless, determine an institution’s eliminate regulations regarding a will be utilized in determining cause for changing its accrediting student complaint process under eligibility under HEA programs. HEA agency to be reasonable if the agency current § 600.9(c)(2) with the section 496(j) states that an institution did not provide the institution its due understanding that current § 600.9(a)(1) may not be certified or recertified for process rights, the agency applied its addresses complaint processes and the title IV participation or participate in standards and criteria inconsistently, or regulations under § 668.43(b) already other HEA programs if it has had its if the adverse action, show cause, or require institutions to disclose the accreditation withdrawn for cause suspension order was the result of an complaint process in each of the States within the preceding 24 months, or if it agency’s failure to respect an where its enrolled students are located. has withdrawn from accreditation under institution’s stated mission, including The change will ensure that students a show cause or suspension order religious mission. who are located in States without a during the preceding 24 months, unless Under the proposed regulations, complaint process for students enrolled the withdrawal or show cause or despite a change of accreditation in distance education or correspondence suspension order has been rescinded by resulting from or following withdrawal, courses are not prevented from the same accrediting agency. revocation, termination, probation or receiving title IV, HEA assistance. Current Regulations: Section equivalent, show cause order, or 600.11(a) provides that the Secretary suspension order, the Secretary may Special Rules Regarding Institutional does not recognize an institution’s determine an institution’s cause for the Accreditation or Preaccreditation accreditation or preaccreditation if it is change to be reasonable if the agency (§ 600.11) in the process of changing its did not provide the institution its due Statute: HEA section 101(a)(5) accrediting agency, unless it provides process rights, applied its standards and provides that a public or private, all materials related to its prior criteria inconsistently, or if the adverse nonprofit institution of higher education accreditation or preaccreditation and action or order resulted from failure to must be accredited by a recognized materials demonstrating reasonable respect the institution’s stated mission. accrediting agency, or be granted cause for changing its accrediting In addition, despite multiple preaccreditation status by an agency agency to the Secretary. accreditation that resulted from or that the Secretary recognized for the Under § 600.11(b), the Secretary does followed withdrawal, revocation, granting of preaccreditation status and not recognize the accreditation or termination, probation or the the Secretary has determined that there preaccreditation of an otherwise eligible equivalent, show cause order, or is satisfactory assurance that the institution if the institution is suspension, The Secretary may institution will meet the agency’s accredited or preaccredited as an determine an institution’s cause for the accreditation standards within a institution by more than one agency, multiple accreditation to be reasonable reasonable period of time. HEA section unless the institution provides the if the institution’s primary interest in 102(a)(1) includes in title IV eligibility reasons for that multiple accreditation seeking multiple accreditation is based institutions of higher education covered or preaccreditation; demonstrates on the original accrediting agency’s by the definition in HEA section 101, as reasonable cause for multiple geographic area, program-area focus, or well as proprietary institutions of higher accreditation or preaccreditation; and mission. education as defined in HEA section designates which agency’s accreditation Reasons: The proposed changes in 102(b), and postsecondary vocational or preaccreditation the institution uses this section seek to maintain guardrails institutions as defined in HEA section to establish title IV eligibility. to ensure that struggling institutions 102(c). The definition of ‘‘postsecondary Proposed Regulations: We propose to cannot avoid the consequences of failing vocational institution,’’ in HEA section establish conditions under which the to meet their current accrediting 102(c)(1)(B), references the requirement Secretary will not determine an agency’s standards by attaining in HEA section 101(a)(5) of accredited institution’s cause for changing its accreditation from another agency, or preaccredited. The definition of accrediting agency, or the institution’s while maintaining recourse for ‘‘proprietary institution of higher cause for holding accreditation from institutions that have been treated education,’’ in HEA section 102(b)(1)(B), more than one agency, to be reasonable. unfairly or have reasons for seeking requires such institutions to be Under the proposed regulations, subject multiple accreditation unrelated to accredited. HEA section 496(h) provides to specified exceptions, the Secretary compliance with accrediting agency that the Secretary will not recognize the will not determine a change of quality standards. accreditation of any otherwise eligible accrediting agency or multiple Historically, postsecondary institution if the institution is in the accreditation to be reasonable if the institutions have not sought process of changing its accrediting institution— institutional accreditation from multiple agency unless the institution submits to (1) Has had its accreditation agencies for a number of reasons, the Secretary all materials relating to the withdrawn, revoked, or otherwise including the limitations of geographic prior accreditation, including materials terminated for cause during the scope adopted by regional accrediting demonstrating reasonable cause for preceding 24 months, unless such agencies, the expense and effort changing accrediting agencies. HEA withdrawal, revocation, or termination associated with the accreditation section 496(i) states that the Secretary has been rescinded by the same process, a dearth of institutional will not recognize the accreditation of accrediting agency; or accrediting agency options that provide any otherwise eligible institution of (2) Has been subject to a probation or unique approaches to mission-based higher education if the institution is equivalent, show cause order, or educational objectives institutions are accredited, as an institution, by more suspension order during the preceding seeking to achieve, and concern about than one accrediting agency, unless the 24 months. Under the proposed how the statutory and regulatory institution submits to each such agency regulations, despite a withdrawal of restrictions in title IV on changes in and to the Secretary the reasons for accreditation for cause or a voluntary accreditation and multiple accreditation accreditation by more than one such withdrawal following a probation or will be applied. The proposed agency, demonstrates reasonable cause equivalent, show cause order, or regulations seek to open the for its multiple accreditations, and suspension order, the Secretary may, institutional accreditation system to

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27415

competition, either through expansion eligibility and to resume participation in institutions respectively have been in by current institutional accrediting title IV, HEA programs. existence for at least two years—will agencies or from new accrediting Proposed Regulations: The proposed apply where: agencies that can demonstrate the regulations would revise, in § 600.31(b), • A location was a facility of another capacity to sufficiently judge the definitions of ‘‘closely-held institution that closed for a reason other institutional quality. Competition could corporation,’’, ’’ and ‘‘person.’’ ‘‘Closely- than a normal vacation or a natural allow for greater specialization among held corporation’’ would include a disaster; agencies to ensure a closer match with corporation that qualifies under the law • The applicant institution acquired, the mission of the institutions or of the State of its organization. The either directly from the institution that programs they accredit. In addition, definition of ‘‘parent’’ would replace the closed or ceased to provide educational greater competition (or the allowance word ‘‘corporation’’ with ‘‘entity.’’ programs, or through an intermediary, for competition where there is none ‘‘Person’’ would be defined as including the assets of that location; and today) can mean more accountability a legal entity or a natural person. • The institution from which the when incumbents are being In § 600.31(c)(3), the title of the applicant institution acquired the assets insufficiently responsive to the needs of paragraph would be revised from ‘‘Other of the location owes a liability for a institutions or programs and their key corporations’’ to ‘‘Other entities’’; the violation for a violation of an HEA stakeholders such as students, faculty, paragraph would include a definition of program requirement and is not making alumni, or employers. ‘‘other entities’’ to include limited payments in accordance with an The Department recognizes that an liability companies, limited liability agreement to repay that liability. partnerships, limited partnerships, and institution may want to maintain its Section 600.32(c) specifies that an current institutional accreditation while similar types of legal entities; the additional location is not required to transitioning to a new agency in order language ‘‘A change in ownership and satisfy the two-year requirement if the to protect enrolled students during the control of a corporation’’ would be applicant institution agrees: transition period. Thus, it is important changed to read ‘‘A change in • To be liable for all improperly that the regulations that govern multiple ownership and control of an entity’’; expended or unspent title IV, HEA accreditation provide for this flexibility and subparagraph (iii) would be program funds received by the while clarifying circumstances under eliminated. institution that has closed or ceased to which the Secretary would determine In § 600.31(c)(4), the title would be provide educational programs; such action to be reasonable. revised from ‘‘Partnership or sole • In addition, the Department proprietorship’’ to read ‘‘General To be liable for all unpaid refunds recognizes that an institution may seek partnership or sole proprietorship.’’ In owed to students who received title IV, HEA program funds; and accreditation by a comprehensive § 600.31(c)(5), the title would be • institutional accrediting agency as its changed from ‘‘Parent corporation’’ to To abide by the policy of the title IV gatekeeper but may also seek ‘‘Wholly owned subsidiary,’’ and the institution that has closed or ceased to mission-based institutional provision would be revised to read ‘‘An provide educational programs regarding accreditation to emphasize its entity that is a wholly-owned subsidiary refunds of institutional charges to adherence to a specialized mission, changes ownership and control when its students in effect before the date of the including preparing students for a parent entity changes ownership and acquisition of the assets of the career. control as described in this section.’’ additional location for the students who Because these items were discussed Reasons: We propose the changes to were enrolled before that date. separately, the proposed rules contain update the regulations and provide Under § 600.32(d), an institution that different provisions for allowing greater clarity and consistency. The conducts a teach-out at a site of a closed multiple accreditation versus allowing a current regulations use terms such as institution may apply to have that site change of accrediting agency. The ‘‘corporation’’ and ‘‘person’’ that are too approved as an additional location if the Department is interested in public limited to address the wide variety of closed institution ceased operations and comment on whether those different entities that could purchase a the Secretary has taken an action to requirements should be aligned. postsecondary institution or location. limit, suspend, or terminate the We therefore propose to change the institution’s participation or has taken Change in Ownership Resulting in a terminology used in various parts of an emergency action against the Change in Control for Private Nonprofit, § 600.31 to use terms with a broader institution; the teach-out plan is Private For-Profit and Public Institutions range of meaning. approved by the closed institution’s (§ 600.31) accrediting agency; and, on request of Statute: HEA section 498(i) provides Eligibility of Additional Locations the Secretary, payments by the that an eligible institution that has (§ 600.32) institution conducting the teach-out to undergone a change of ownership Statute: HEA section 498(k) prescribes the owners or related parties of the resulting in a change in control will not the treatment of teach-outs at additional closed institution are used to satisfy any qualify to participate in the title IV, locations and provides that a location of liabilities owed by the closed institution HEA programs unless it establishes that a closed postsecondary institution is to the Department. Paragraph (d)(2) it meets title IV institutional eligibility eligible as an additional location of an explains the positive consequences of requirements and the other eligible institution for the purposes of obtaining such an approval. requirements of the section. an accrediting agency–approved teach- Proposed Regulations: We propose in Current Regulations: Section 600.31 out, in accordance with Department § 600.32(c) that an additional location describes when the Department regulations. would not be required to satisfy the two- considers a change of ownership Current Regulations: Section year requirement of § 600.5(a)(7) or resulting in a change of control to have 600.32(b) describes circumstances in § 600.6(a)(6) if the applicant institution occurred, and processes involved in which the two-year requirement in and original institution are not related order for an institution to continue its §§ 600.5(a)(7) and 600.6(a)(6)—that parties and there is no commonality of participation in title IV, HEA programs proprietary institutions of higher ownership, control, or management on a provisional basis, and to reestablish education and postsecondary vocational between the institutions, and if the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27416 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

applicant institution agrees to assume engage in an orderly closure and the 2011 end of the Federal Family certain liabilities and to abide by the minimize disruption for the student by Education Loan Program, and the 1993 closed institution’s refund policies. In offering a teach-out plan that enables a enactment of the Direct Loan Program. § 600.32(c)(1) and (2), we propose to student to complete his or her program The Secretary’s Recognition of limit the time period for which the before the institution closes or for a Accrediting Agencies applicant institution is liable under partnering institution to continue to § 602.32(c) for improperly or unspent provide instruction and facilitate the What definitions apply to this part? title IV, HEA funds, or refunds owed to student’s completion of their program, (§ 602.3) students who received title IV funds, to or a comparable program, in the location the current academic year and up to one where they initiated their studies. Statute: HEA section 496(a) provides prior academic year. We believe that in some cases, such criteria that an accrediting agency must In § 600.32(d)(1)(i) and (d)(1)(ii), we as when an institution is ending its meet for the Secretary to recognize it as propose to allow an institution engaged participation through an orderly a reliable authority as to the quality of in an accrediting agency-approved closure, it is in the best interest of the education or training offered. teach-out plan to apply for its site to be students to have an opportunity to Current Regulations: Section 602.3 approved as an additional location, complete their academic program at provides definitions for several terms without regard to the two-year rule, if their chosen institution. For example, that are applicable to accreditation but the closing institution is engaged in an disruption can occur for students who that are also used in applying other HEA orderly closure. We propose to remove transfer or take part in a teach-out at a requirements, including ‘‘branch the requirement for the closed different institution, which could result campus,’’ ‘‘correspondence education,’’ institution to have a limitation, in the loss of credits. In addition, the ‘‘direct assessment program,’’ ‘‘distance suspension, or termination action taken new institution may be less convenient education,’’ ‘‘institution of higher by the Secretary and propose to add a for many reasons, such as the distance education,’’ ‘‘nationally recognized requirement that the Secretary evaluate students must travel, availability of accrediting agency,’’ ‘‘preaccreditation,’’ and approve the plan. The proposed public transportation, and proximity to ‘‘Secretary,’’ ‘‘State,’’ ‘‘teach-out regulations would amend the students’ home, work, or childcare agreement,’’ and ‘‘teach-out plan.’’ § 600.32(d)(1)(ii) and (2)(i)(B) to require facility. Also, students may prefer to Section 602.3 also provides definitions approval of a teach-out plan from a complete their program with instructors, for ‘‘compliance report,’’ ‘‘final closing institution’s accrediting agency. staff, and other students with whom accrediting action,’’ ‘‘programmatic We further propose that the institution they are already familiar. accrediting agency,’’ ‘‘scope of that conducts a teach-out and is recognition,’’ and ‘‘senior Department approved to add an additional location Termination and Emergency Action Proceedings (§ 600.41) Official’’ that are unique to the in accordance with this section is not Department’s recognition of accrediting responsible for any liabilities of either a Statute: HEA sections 101(a), and agencies. In addition, certain definitions closed institution or a closing 102(a), (b) and (c), require nationally in § 600.2—‘‘accredited’’ and ‘‘credit institution. recognized accreditation, or pre- hour’’—are pertinent to accreditation as Reasons: When an institution or one accreditation in the case of public or well as institutional eligibility but are of its locations closes, educational non-profit institutions, as a matter of not defined in § 602.3. Current opportunities for students in the area institutional eligibility. Under HEA regulations provide no definition for become more limited. An acquisition of § 454, the William D. Ford Federal ‘‘substantial compliance’’ by an a closed or closing institution by Direct Student Loan Program provides accrediting agency with recognition another postsecondary institution for origination of loans by institutions, requirements, nor for ‘‘monitoring results in an investment in the rather than institutional certification of report’’ as part of the recognition community and additional loan applications as provided under the process, nor do they define ‘‘additional opportunities for students to complete a Federal Family Education Loan Program location,’’ ‘‘religious mission,’’ or postsecondary credential. Separately, in § HEA 428H(b). ‘‘teach-out.’’ institutions that close with unpaid Current Regulations: Section refunds or outstanding liabilities for 600.41(a)(1)(ii)(B) allows for termination Proposed Regulations: Proposed title IV, HEA funds are often unable to of an institution’s eligibility under a § 602.3(a) would cross-reference the repay those liabilities, and the show-cause hearing, if the institution’s definitions in § 600.2—including all Department is subsequently unable to loss of eligibility results from the amendments and additions to § 600.2 as collect amounts owed. For these institution’s having previously qualified proposed in this NPRM—for reasons, the Department proposes to as eligible under the transfer of credit ‘‘accredited,’’ ‘‘additional location,’’ limit the time period over which a alternative to accreditation as that ‘‘branch campus,’’ ‘‘institution of higher purchasing institution is liable for alternative existed prior to July 23, 1992 education,’’ ‘‘nationally recognized improperly or unspent title IV, HEA under 20 U.S.C. 1085, 1088, accrediting agency,’’ ‘‘preaccreditation,’’ funds, or title IV credit balances owed 1141(a)(5)(B). ‘‘religious mission,’’ ‘‘Secretary,’’ to students, to facilitate the purchase of Section 600.41(d) precludes ‘‘State,’’ ‘‘teach-out,’’ ‘‘teach-out that institution by an institution that is institutions that have been terminated agreement,’’ and ‘‘teach-out plan,’’ more capable of serving students and of from certifying applications for title IV rather than include these definitions in repaying amounts owed to the funds, except in specified full in § 602.3. Department. circumstances. Proposed § 602.3(b) would define the The changes to paragraph (c) are Proposed Regulations: We propose to terms ‘‘monitoring report’’ and intended to encourage initiatives eliminate § 600.41(a)(1)(ii)(B), and in ‘‘substantial compliance,’’ and would designed to lead to an orderly transition. § 600.41(d), change the word ‘‘certify’’ revise the definitions for ‘‘compliance Where the accrediting agency and the to ‘‘originate.’’ report,’’ ‘‘final accrediting action,’’ Secretary have approved the teach-out, Reasons: These changes update ‘‘programmatic accrediting agency,’’ revised paragraph (d) will provide § 600.41 to reflect the 1992 repeal of the ‘‘scope of recognition,’’ and ‘‘senior opportunities for an institution to transfer of credit eligibility alternative, Department official.’’

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27417

Reasons: The Department proposes to compliance with the criteria for policies, practices, and standards in include or continue to include the recognition the opportunity to place and generally adheres with definitions of ‘‘accredited,’’ ‘‘additional implement corrected policies or update fidelity to those policies practices and location,’’ ‘‘branch campus,’’ policies to align with compliant standards, or has policies, practices, and ‘‘correspondence course,’’ ‘‘credit practices. We propose that the standards that need minor modifications hour,’’ ‘‘direct assessment program,’’ monitoring report be used as an to reflect its generally compliant ‘‘distance education,’’ ‘‘institution of oversight tool to ensure integrity in practices. In the Department’s view, higher education,’’ ‘‘nationally accreditation, in cases where the Department staff can use monitoring recognized accrediting agency,’’ accrediting agency deficiency does not reports to ensure an agency that has ‘‘preaccreditation,’’ ‘‘religious mission,’’ rise to the level of a compliance report. made such a showing achieves full ‘‘Secretary,’’ ‘‘State,’’ ‘‘teach-out,’’ For example, a monitoring report may compliance, without expending the ‘‘teach-out agreement,’’ and ‘‘teach-out be required if required documentation is public and agency resources on NACIQI, plan’’ in 34 CFR part 600. These terms not complete, but the agency in practice senior Department official, and are referenced throughout chapter VI of complies with subpart B. Department Secretarial, review. Agencies that title 34 of the Code of Federal staff would review monitoring reports achieve this status are in compliance Regulations. and, unlike the compliance report, except with respect to minor The Department proposes to add NACIQI would not review a monitoring technicalities and in the Department’s paragraph (a) to § 602.3 to make clear report unless the response does not view warrant recognition for that level where the definitions of these terms can satisfy Department staff. See the of achievement. As discussed below, the be found in 34 CFR part 600. Proposed discussion related to proposed § 602.33 proposed regulations provide paragraph (a) will help the public easily for more information on the monitoring mechanisms for Department staff to find definitions of terms that directly report process. reinstate NACIQI, senior Department impact the Secretary’s recognition of The Department proposes to amend official, and Secretarial review during accrediting agencies and help ensure the definition of ‘‘final accrediting the recognition period if the deficiencies that the definitions are consistently action’’ to clarify that the final noted escalate or if the agency does not applied. determination of an accrediting agency address them. We propose to remove ‘‘branch regarding an institution or program can Finally, the non-Federal negotiators campus,’’ ‘‘correspondence course,’’ only be made after the institution or recommended amendments to the ‘‘distance education,’’ ‘‘direct program has exhausted its appeals definition of ‘‘senior Department assessment program,’’ process, as per the accrediting agency’s official.’’ The committee wanted to ‘‘preaccreditation,’’ ‘‘nationally policies and procedures. The ensure that the Secretary selects an recognized accrediting agency,’’ clarification would not change current individual with adequate subject matter ‘‘Secretary,’’ ‘‘State,’’ ‘‘teach-out practice. knowledge to make independent agreement,’’ and ‘‘teach-out plan’’ from The Department proposes to amend decisions on accrediting agency proposed § 602.3(b). These terms apply the definition of ‘‘programmatic recognition. One committee member to several sections of part 34 of the Code accrediting agency’’ to clarify that these was especially concerned that without of Federal Regulations. The Department agencies can accredit programs that this clarification, the Secretary could believes that it is more efficient to prepare students in specific academic assign anyone at the Department the define the terms in one place and not disciplines. The clarification would not duties of the senior Department official, replicate them in multiple places. This change current practice. even an individual without knowledge would help eliminate confusion by the The Department proposes to remove of the accrediting agency recognition public and ensure these terms are ‘‘(1) geographic area of accrediting process. As the proposed language applied consistently. activities’’ from the definition of ‘‘scope states, the adequacy of the senior We propose to amend the definition of recognition or scope.’’ We believe Department official’s subject matter in § 602.3(b) of ‘‘compliance report’’ to that the current practice of limiting an knowledge would be a matter clarify that a compliance report must accrediting agency’s recognized scope to committed to the judgment of the only be required when ‘‘that agency is a certain geographic area is outdated, Secretary. found to be out of compliance’’ with the because regional agencies now accredit regulatory requirements contained branch campuses and additional Link to Federal Programs (§ 602.10) within the criteria for recognition locations in States outside of their stated Statute: HEA section 496(a)(2) (proposed subpart B) and to clarify that, geographic scopes. Also, we seek to outlines the types of accrediting in such an instance, the agency must clarify that even if an agency includes agencies that the Secretary may show it has ‘‘corrected’’ any deficiencies a State in its geographic area, this does recognize according to the types of roles as opposed to simply having addressed not discourage another agency from also the various agencies may serve in the deficiencies. We propose to add that including that State or territory in its establishing eligibility of accredited compliance reports are reviewed by accrediting area. With the removal of institutions and programs to participate Department staff and the Advisory geographic area from the definition of in Federal programs. HEA section Committee and approved by the senior ‘‘scope’’ we hope to allow for additional 496(m) provides that the Secretary may Department official or the Secretary, competition so that an institution or only recognize accrediting agencies that solely to add clarity to a practice that is program may select an agency that best either accredit institutions for the already a requirement under current aligns with the institution’s mission and purpose of enabling such institutions to regulation. to improve transparency about the establish eligibility to participate in one The Department proposes to add a States in which each agency accredits or more of the HEA programs, or that definition of ‘‘monitoring report,’’ campuses. accredit institutions or programs for the which is a new concept in the The Department proposes to add a purpose of enabling them to establish Secretary’s recognition of accrediting new definition of ‘‘substantial eligibility to participate in other Federal agencies. We propose a new definition compliance.’’ The term would signify programs. because we want to afford accrediting that an agency has demonstrated to the Current Regulations: Section agencies that are in substantial Department that it has the necessary 602.10(a) requires an accrediting agency

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27418 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

to demonstrate that, if the agency campus or additional location is located and earn a higher-level credential. The accredits institutions of higher to also accredit a main campus in that Department does not believe, for education, its accreditation is a required State. Additionally, we would not example, that rejecting transfer credits, element in enabling at least one of those require an agency whose geographic an application for admission to graduate institutions to establish eligibility to area includes a State in which only a school, or a request to sit for a State participate in HEA programs. In the branch campus or additional location is occupational licensing exam on the alternative, § 602.10(b) requires that if located to accept an application for basis of the type of Department the agency accredits institutions of accreditation from other institutions in recognized accreditation is justified higher education or higher education that State. .... We seek to increase academic and programs, or both, its accreditation is a Reasons: We intend for these changes career mobility for students by required element in enabling at least to accurately convey the geographic eliminating artificial boundaries one of those entities to establish range of a recognized agency’s between institutions due to the eligibility to participate in non-HEA accrediting activities, to include not credential levels they offer or the agency Federal programs. only States in which the agency that accredits the institution or program. Proposed Regulations: We propose to accredits main campuses but also States allow in § 602.10(a) that, if an agency in which it accredits only locations, Accrediting Experience (§ 602.12) accredits one or more institutions that branches, or both. The Department does Statute: HEA section 496(a)(1) could designate the agency as its link to not grant an exclusive geographic area requires that an accrediting agency the title IV, HEA programs, the agency or scope to any agency, just as the demonstrate the ability and experience satisfies the Federal link requirement, Department does not grant an exclusive to operate as an accrediting agency even if the institution currently right to a programmatic accrediting within a State, region, or nationally. designates another institutional agency to accredit programs in a certain HEA section 496(n) provides that the accrediting agency as its Federal link. academic discipline or programs that Secretary must conduct a Reasons: The Department’s proposed prepare students for work in a certain comprehensive review and evaluation of changes in this section are designed to career. Agencies that accredit main the performance of all accrediting decrease barriers to entry and enable campuses only in selected States do so agencies and associations that seek new agencies to more easily enter the of their own choosing rather than as a recognition by the Secretary in order to marketplace. Until a new agency is result of any Departmental mandate or determine whether the accrediting recognized, it is highly unlikely that an regulation. An agency whose geographic agencies meet the criteria established by accredited institution would relinquish area includes a State in which only a this section. Evaluation of the its current accreditation that enables it branch campus or additional location accrediting agency must include to meet title IV institutional eligibility exists is neither required to accept nor solicitation of third-party information requirements in order to attain prohibited from accepting an concerning the performance of the accreditation from that new agency, application for accreditation from other accrediting agency. even though the new agency may be institutions in such State. The Current Regulations: Section better suited to the institution’s mission. Department respects the autonomy of 602.12(a)(1) requires that an accrediting accrediting agencies and encourages agency that is seeking initial recognition Geographic Area of Accrediting these agencies to conduct their business must demonstrate that it has granted Activities (§ 602.11) in whichever areas are most suitable for accreditation or preaccreditation to one Statute: HEA section 496(a) states that them. or more institutions (for an institutional an accrediting agency must be a State, The proposed change is intended, in accrediting agency) and to one or more regional, or national agency and that it part, to provide transparency and programs (for a programmatic must demonstrate the ability and improved access to higher level accrediting agency). The accreditation experience to operate as an accrediting educational programs, and transfer of or preaccreditation that the agency has agency within the State, region, or credit for students, while honoring the granted must cover the range of the nationally, as appropriate. autonomy and independence of specific degrees, certificates, Current Regulations: Section 602.11, agencies and institutions. We seek to institutions, and programs for which the currently titled ‘‘Geographic scope of simplify the labeling of accrediting agency seeks recognition and in the accrediting activities,’’ requires that an agencies to reflect their scope more geographic area for which it seeks accrediting agency demonstrate that its accurately (e.g., institutional agencies, recognition. activities cover a State, if the agency is programmatic agencies, specialty Section 602.12(a)(2) requires the part of a State government; a region of agencies). We also aim to remove labels agency to have conducted accrediting the United States that includes at least that facilitate inaccurate beliefs about activities for at least two years prior to three States that are reasonably close to differences among accrediting agencies, seeking recognition. one another; or the United States. since the Department holds all to the Section 602.12(b) requires a Proposed Regulations: We propose to same set of standards. Disparate recognized agency seeking an expansion amend the title of § 602.11 to read treatment of students based on which of its scope of recognition to ‘‘Geographic area of accrediting agency accredits an institution or demonstrate that it has granted activities,’’ and to amend § 602.11(b) so program is unwarranted given that all accreditation or preaccreditation that an agency’s geographic area on agencies adhere to the same Department covering the range of the specific record with the Department would requirements, and this practice harms degrees, certificates, institutions, and include not only the States in which the students and adds cost for students and programs for which the agency seeks the main campuses of its accredited taxpayers. In some instances, the expansion of scope. institutions are located but also any unjustified differentiation of agencies Proposed Regulations: We propose to State in which an accredited location or based on the geographic area in which eliminate the ‘‘two-year rule’’ in branch may be found. We further they operate has created barriers to § 602.12(a)(2) when an agency seeking propose to provide that we do not entry for certain occupations and has initial recognition is affiliated with, or require an agency whose geographic made it difficult for those who complete is a division of, a recognized agency. We area includes a State in which a branch programs to continue their education further propose to state in § 602.12(b)(1)

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27419

that a recognized agency seeking an The Department is concerned about the the past. Such requirements could expansion of its scope must follow the growth of graduate programs, in benefit incumbents at the expense of requirements of §§ 602.31 and 602.32, particular those that may significantly equally well-qualified new entrants and demonstrate that it has policies in place increase student debt without could leave even well-established that meet all recognition criteria with improving earnings outcomes. The institutions reasonably believing that a respect to the expansion, and Department is also concerned about the promising new program or method of demonstrate that it can show support for growing practice of elevating the level of delivery would run afoul of this the expansion from relevant the credential required to satisfy requirement simply by being different constituencies. The agency would not occupational licensure requirements. than what most of its peers do today. be required, however, to have accredited Credential inflation adds significant cost Purpose and Organization (§ 602.14) institutions or programs in the area(s) of to postsecondary education and may expanded scope at the time it applies, reduce opportunities for low-income Statute: HEA section 496(a)(2) defines although in such a case the Department students to pursue careers in those the four categories of accrediting may impose a limitation on the grant of occupations 678. However, the agencies the Department is authorized the expansion of scope or require a Department also recognizes the to recognize. HEA section 496(b)(1) monitoring report. Finally, we propose importance of graduate education and defines ‘‘separate and independent’’ for to state in this section that the proposes to mitigate credential inflation the purpose of the section. Specifically, Department does not consider a change through revisions in other sections. section 496(b) provides that the to an agency’s geographic area to be an The Department proposes to exclude members of the governing body are not expansion of the agency’s scope but changes in the geographic area of an elected by the board or chief officer of does require that the agency notify the agency’s accrediting activities from any related, associated or affiliated trade Department and disclose the change to consideration as an expansion of scope, association or membership organization, the public on its website. but to require notice to the Department and contains other requirements Reasons: In the changes to paragraph and the public by the agency of such regarding public members, avoiding 602.12(a)(2), the Department is changes, for the reasons discussed above conflicts of interest, and independence acknowledging that recognized with respect to § 602.11. of agency dues and budgets. Sections accrediting agencies sometimes re- 496(a)(3)(A) and (C) identify two Acceptance of the Agency by Others organize or spin off a portion of their categories of accrediting agencies which (§ 602.13) accrediting business by setting up a are subject to the separate and separate agency for it. In such cases, the Statute: HEA section 496(n)(1)(A) independent requirement and define the new entity has substantial accrediting provides that the evaluation of the circumstances in which the requirement experience obviating the need for a accrediting agency must include can be waived for agencies in one of demonstration of two years of solicitation of third-party information those two categories. accrediting experience even though it concerning the performance of the Current Regulations: Section has not previously submitted its own accrediting agency. 602.14(a) identifies the four categories application for recognition. Current Regulations: Section 602.13 In proposing revisions to paragraph of accrediting agencies recognized by requires an accrediting agency to the Secretary, in table format. (b), the Department seeks to solve the demonstrate that its standards, policies, problem that arises when an agency is Section 602.14(b) defines the term procedures, and decisions to grant or ‘‘separate and independent’’ for required to accredit an institution or deny accreditation are widely accepted program in the area of the expanded purposes of this section of the in the United States by educators and regulations. One element of the scope in order to be approved for an educational institutions, as well as by expansion of scope, while at the same definition, at § 602.14(b)(1), provides licensing bodies, practitioners, and that the members of the agency’s time, institutions or programs may be employers in the fields for which the unwilling to seek accreditation from the decision-making body—who decide the educational institutions or programs accreditation or preaccreditation status agency in the area of the expanded within the agency’s jurisdiction prepare scope until the expansion of scope has of institutions or programs, establish the their students. agency’s accreditation policies, or been approved by the Department. Proposed Regulations: We propose to These conflicting criteria make it both—are not elected or selected by the remove and reserve § 602.13. board or chief executive officer of any difficult for an agency to expand its Reasons: Non-Federal negotiators scope. related, associated, or affiliated trade proposed, and the Department agrees, association or membership organization. Non-Federal negotiators expressed that the provisions of this section of the concern that not requiring two years of Another element, at § 602.14(b)(3), regulations are duplicative of requires the agency to establish and experience for changes in scope could requirements in other sections of the create risk, as the increase in scope may implement guidelines for each decision- regulations. maker to avoid conflicts of interest. be unwarranted. The Department The Department is also concerned Section 602.14(c) specifies the modified its initial proposed changes to that the current regulations impose a conditions under which certain the regulations in this section to create ‘‘widely-accepted’’ standard that statute activities do not violate the ‘‘separate access for agencies that seek an does not require, is too vaguely defined, and independent’’ requirements. appropriate and necessary expansion of and has been enforced inconsistently in scope, while mitigating risk by adding Section 602.14(d) identifies additional requirements to ensure 6 https://www.nature.com/articles/s41599-017- circumstances under which the agencies meet appropriate quality 0001-8, http://ijse.padovauniversitypress.it/system/ Secretary may waive the ‘‘separate and standards. files/papers/2011_2_12.pdf. independent’’ requirements for one type Non-Federal negotiators also 7 http://ijse.padovauniversitypress.it/system/files/ of accrediting agency. Section 602.14(e) expressed concern that the Department’s papers/2011_2_12.pdf, https://www.nature.com/ stipulates that an accrediting agency articles/s41599-017-0001-8. initial proposal was unduly restrictive 8 http://citeseerx.ist.psu.edu/viewdoc/ that is seeking a waiver of the ‘‘separate for agencies seeking an expansion of download?doi=10.1.1.199.1569&rep= and independent’’ requirements must scope to accredit graduate programs. rep1&type=pdf. apply for the waiver each time the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27420 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

agency seeks recognition or continued agencies, and submit to the Secretary, effective controls against conflicts of recognition. summaries of agency actions including interest include guidelines to prevent or Proposed Regulations: We propose to the award of accreditation or resolve such conflicts. Finally, we convert the table in § 602.14(a) to reaccreditation of an institution. propose to clarify in § 602.15(b)(2) that regulatory text. In § 602.14(b), we Current Regulations: Under agencies must retain decision letters propose to clarify the reach of the § 602.15(a), an agency demonstrates that regarding an institution or program’s definition of ‘‘separate and it has the administrative and fiscal accreditation or preaccreditation and its independent’’, where it applies, to capability to grant accreditation if the substantive changes; agencies do not preclude the members of the agency’s agency demonstrates that it has— have to retain every record of decision-making bodies from being • Adequate staff and resources to conversations or interim decisions when elected or selected by the board or chief execute its responsibilities; superseded by a final decision or executive officer of any related, • Competent and knowledgeable determination. associated, or affiliated trade individuals, regarding the agency’s Reasons: In certain occupations, association, professional organization, standards, policies, and procedures, to especially vocational occupations, or membership organization or from conduct accreditation and education or experience may qualify an being staff of such a related, associated, preaccreditation activities; individual for their role with an or affiliated association or organization. • Academic and administrative accrediting agency and to carry out its We also propose to revise § 602.14(b)(3) personnel on its evaluation, policy, and functions. We propose to revise the text so that the requirement pertains to decision-making bodies, if the agency to allow individuals to demonstrate establishing and implementing accredits institutions; their qualifications through either guidelines on avoiding conflicts of • Educators and practitioners on its experience or education. We also interest rather than to avoiding such evaluation, policy, and decision-making propose to include employers as conflicts. bodies, if the agency accredits programs possible members of evaluation, policy, Reasons: We believe that the table or single-purpose institutions that and decision-making bodies in format of the current § 602.14(a) is prepare students for a specific recognition of the expertise that confusing. Additionally, we seek to profession; employers may bring to these processes, • clarify the broader reach of the concept Representatives of the public on all in particular the entry-level of ‘‘separate and independent,’’ which is decision-making bodies; and requirements for employment in related • designed to prevent undue influence on Clear and effective controls against fields. To highlight the voice of an accrediting body by an outside conflicts of interest, or the appearance students, at the request of several organization. Such influence can allow of such conflicts. negotiators including those representing individuals or groups to use the agency Section 602.15(b) requires an students, we propose to specifically to gain a competitive advantage in the accrediting agency to maintain complete note that they are included as members marketplace, by requiring the use of a and accurate records of its last full of the public who may serve on particular exam or specific path to entry accreditation or preaccreditation review decision-making bodies of accrediting in a profession. The Department of each institution or program and of all agencies. believes the current language is decisions made throughout an To reduce administrative burden, we insufficiently specific about the types of institution’s or program’s affiliation propose to amend the types of organizations and agency personnel that with the agency regarding the documentation that agencies must retain may stand to benefit, at the expense of accreditation and preaccreditation of to decision letters related to students and institutions, by limiting any institution or program and accreditation, preaccreditation, and access to a profession or taking other substantive changes. substantive change actions. anticompetitive steps. We also propose Proposed Regulations: In Accreditation and Preaccreditation to clarify that an accrediting agency is § 602.15(a)(2), we propose to require Standards (§ 602.16) responsible for establishing and that an agency have individuals implementing guidelines on avoiding qualified by either education ‘‘or’’ Statute: HEA section 496(a)(5) conflicts of interests, even though it experience, rather than by both contains accreditation standards that an cannot by itself ensure conflicts are education ‘‘and’’ experience. We also accreditation agency must use to assess avoided. propose in this section to make a an institution or program. Section conforming change (as identified earlier) 496(p)(1) establishes that section Administrative and Fiscal by using the term ‘‘correspondence 496(a)(5) does not restrict the ability of Responsibilities (§ 602.15) courses’’ rather than ‘‘correspondence an accreditation agency to set, with the Statute: HEA section 496(c)(1) education.’’ We further propose in involvement of its members, and to requires an accrediting agency that § 602.15(a)(4) to include, as an option, apply, accreditation standards for wishes to be recognized by the Secretary employers as part of accrediting agency institutions or programs that seek as a reliable authority as to the quality evaluation, policy, and decision-making review by the agency. Section 496 (p)(2) of education or training offered by an bodies. Additionally, in this subsection, states that Section 496(a)(5) does not institution to ensure accreditation team we propose to specifically include the prevent an institution from developing members are well trained and option for including students as and using institutional standards to knowledgeable with respect to their possible public representatives on show its success with respect to student responsibilities. Section 496(b)(2) agency decision-making bodies. The achievement, which achievement may requires that an accrediting agency Department notes that the time be considered as part of any review. include at least one member of the commitment required for such activity Section 496(a)(4)(B)(i) requires an public among its board members and may not be feasible for many students. agency that wishes to include distance that guidelines are established for However, negotiators felt it was education or correspondence education members to avoid conflicts of interest. important to acknowledge that students within its scope of accreditation to Section 496(c)(7)(A) requires accrediting could serve in this capacity as a member demonstrate that its standards agencies and associations to make of the public. We also propose to specify effectively address the quality of available to the public and State in this subsection that clear and distance education at an institution.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27421

This section does not, however, require institutional standards to show its In § 602.16(a)(2)(ii), the Department separate standards, procedures, or success with respect to student wishes to clarify that, after the five-year policies for the evaluation of such achievement, which we may consider as limit on preaccreditation has expired, programs. part of any accreditation review. an agency must make a final accrediting Section 496(g) and (o) prevent the Proposed Regulations: Throughout action and must not place an institution Secretary from establishing criteria for § 602.16, we propose conforming or program on another type of an accrediting agency beyond what changes to the earlier proposed change temporary status. statute requires or from specifying, to refer to ‘‘correspondence education’’ In § 602.16(b), we seek to clarify that, defining or prescribing, accrediting as ‘‘correspondence courses.’’ while the HEA lists specific accrediting standards, including standards for In § 602.16(a)(1), we propose to clarify standards all agencies recognized by the assessment of an institution’s student that agencies establish clear Department must have, those standards achievement. Under § 496(g), the expectations across a number of critical do not need to be applied to all Department cannot prohibit an factors. institutions accredited by an agency. accrediting agency from establishing In § 602.16(a)(2)(ii), we propose to The Department does not maintain it is additional standards. specify that the five-year limit on the always appropriate for an agency to Current Regulations: Section duration of preaccreditation status apply federally required standards to 602.16(a)(1) identifies the areas in applies to the time period before the institutions that choose not to which an agency’s accreditation agency makes a final accreditation participate in title IV, HEA programs. In standards must address the quality of decision. such cases, however, the Department the institutions or programs accredited In § 602.16(b), we propose to clarify and negotiators agreed that transparency by the agency. that we do not require agencies to apply is important. Accordingly, we propose Under § 602.16(a)(2), an agency’s accrediting standards required by the that the agency must designate preaccreditation standards must be HEA to institutions that do not institutions that they accredit for non- appropriately related to the agency’s participate in HEA programs if the title IV purposes only. accreditation standards and must not In § 602.16(d)(1), the Department agency clarifies that its grant of permit an institution or program to hold seeks to ensure that, as more institutions accreditation or preaccreditation, by preaccreditation status for more than add direct assessment education request of the institution, does not five years. programs, accrediting agencies are include participation by the institution Section 602.16(c) requires an equipped to evaluate and approve such in title IV, HEA programs. accrediting agency that seeks to include programs. The Department also wants to In § 602.16(d)(1), we propose to add within its scope the evaluation of the ensure that agencies evaluating such quality of institutions offering distance direct assessment to the types of programs first receive Department or correspondence education to have education which an agency’s standards approval for the addition of direct standards that effectively address the must effectively address if the agency assessment programs to their scope of quality of the institutions or programs accredits such programs. recognition so that the Department can accredited by the agency, and provides We propose adding new § 602.16(f)(3), provide proper oversight. In that the agency is not required to have which would permit accrediting § 602.16(f)(3) and (4), the Department separate standards, procedures, or agencies to have separate standards proposes to clarify that a traditional policies for the evaluation of distance regarding an institution’s process for faculty governance process for education or correspondence education. approving curriculum to enable approving curriculum and setting Section 602.16(d) states that an programs to more effectively meet the faculty standards, while widely used, is accrediting agency that does not recommendations of— not the only governance process accredit any institutions that participate (1) Industry advisory boards that currently in use by institutions or in the title IV, HEA programs, or that include employers who hire program allowed by the HEA, and in some accredits only programs within graduates; instances it may be inappropriate to give institutions that are accredited by a (2) Widely recognized industry faculty a stronger voice than employers. nationally recognized institutional standards and organizations; Institutions and programs must also accrediting agency, is not required to (3) Credentialing or other have full autonomy, in conformance have accreditation standards for occupational registration or licensure; or with their agency’s standards, to make program length and objectives of the (4) Employers who make hiring faculty and curriculum decisions that degrees or credentials offered; or related decisions in a given field or occupation. align with stakeholder to an institution’s compliance with Additionally, under proposed recommendations, including the hiring program responsibilities under title IV § 602.16(f)(4), nothing would prohibit requirements of employers. of the HEA. agencies from having separate faculty The Department also seeks to clarify Section 602.16(e) provides that an standards for instructors teaching that agencies may have separate faculty agency that has established and applies courses within a dual or concurrent standards for courses such as those the standards in § 602.16(a) may enrollment program, or career and offered through dual enrollment or in establish any additional accreditation technical education courses, if the the area of career and technical standards that it deems appropriate. instructors are qualified by education or education. The Department does not Section 602.16(f)(1) provides that work experience for that role. believe an agency should have to choose nothing in § 602.16 restricts an Reasons: In § 602.16(a)(1), the between setting rigorous standards for accrediting agency from setting (with Department seeks to move from the faculty that may be appropriate, for the involvement of its members) and vague description of accreditation example, at comprehensive or research applying accreditation standards for or standards that ‘‘effectively address’’ institutions, and allowing other kinds of to institutions or programs that seek factors that contribute to quality to a institutions to hire the faculty that will review by the agency. more specific requirement for agencies provide students with the best Section 602.16(f)(2) provides that to set forth ‘‘clear expectations’’ in these opportunities possible, including in nothing in § 602.16 restricts an areas for the institutions and programs rural locations where faculty with institution from developing and using it accredits. specific kinds of degrees are not

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27422 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

plentiful. In addition, the Department conform to commonly accepted commonly accepted academic standards recognizes that, in many instances, dual standards. ‘‘or the equivalent, including pilot enrollment programs are provided at the Section 602.17(b) requires an agency programs in [proposed] § 602.18(b).’’ high school location due to to demonstrate that it requires an Proposed § 602.17(b) clarifies that the unreasonable travel distances to a local institution or program to prepare an in- self-study process must assess college. In those instances, the high depth self-study that includes the educational quality and success in school teacher may have a different kind assessment of education quality and the meeting the institution’s or program’s of academic credential but may have institution’s or program’s continuing mission and objectives, highlight years of experience teaching college- efforts to improve educational quality. opportunities for improvement, and level courses that are relevant to the Section 602.17(c) requires an agency include a plan for making the dual enrollment opportunity. Also, the to demonstrate that it conducts at least improvements. credential of choice may be very one on-site review of the institution or Proposed § 602.17(e) would replace different for career and technical program to determine if it complies with ‘‘any other appropriate information from education instructors, where workforce the agency’s standards. other sources’’ with ‘‘any other experience may be far more important Section 602.17(d) requires an agency information substantiated by the agency than the academic credential an to demonstrate that it allows the from other sources’’ as a basis for instructor holds. institution or program the opportunity evaluating whether the institution or to respond in writing to the report of the program complies with the agency’s Application of Standards in Reaching on-site review. standards. an Accrediting Decision (§ 602.17) Section 602.17(e) requires an agency In proposed § 602.17(g) we would to demonstrate that it conducts its own remove the list of specific methods by Statute: HEA section 496(a)(4) analysis of the self-study and supporting which an accrediting agency might provides that an agency must documentation; the on-site review require institutions to verify the identity consistently apply and enforce report and the institution’s or program’s of a student who participates in class or standards that respect the stated mission response to the report; and any other coursework. of the institution, including religious appropriate information to determine Reasons: We propose changes to missions, and ensure that the courses or whether the institution or program § 602.17(a)(2) to clarify that we expect programs offered, including distance complies with the agency’s standards. institutional accrediting agencies to education or correspondence courses, Section 602.17(f) requires an agency evaluate both an institution broadly and are of sufficient quality to achieve, for to demonstrate that it provides the individual programs within that the duration of the accreditation period, institution or program with a detailed institution against rigorous standards for the objectives for which the courses or written report that assesses its meeting stated objectives consistent the programs are offered. Section compliance with the agency’s standards with its mission and appropriate given 496(a)(5) provides that the standards for and the institution’s or program’s the credentials awarded. accreditation by an accrediting agency performance with respect to student In § 602.17(a)(3), the Department or a State must assess an institution’s achievement. proposes to clarify that it expects success with respect to student § 602.17(g) requires an agency to agencies to hold institutions and achievement and identifies the items demonstrate that it requires institutions programs to basic, commonly accepted that the agency or State must assess. that offer distance education or academic standards (e.g., the Section 496(a)(6) requires an accrediting correspondence education to have approximate number of credits in a agency to establish due process processes in place to establish that a bachelor’s degree) in order to protect procedures that include allowing for an student who registers for a distance against diploma mills and to ensure institution’s written response to any education or correspondence education transfer of credit opportunities. This is finding of deficiency. Section 496(c) course or program is the same student not, however, meant to replicate the outlines operating procedures an who participates and completes the more stringent ‘‘widely accepted’’ accrediting agency must follow to course or program and receives standard in existing § 602.13. As noted include on-site evaluation of an academic the credit. It lists specific above, we intend to delete the ‘‘widely institution. Section 496(a)(4)(B)(ii) methods an institution could use to accepted’’ requirement. Instead, the requires that an accrediting agency that verify identity. Department proposes to add a reference has distance education in its scope Section 602.17(g)(2) requires an in § 602.17(a)(3) to provisions in ensure that the institution offering agency to make clear, in writing, that § 602.18(b), which provide flexibility for distance or correspondence education institutions must use processes that pilot programs, in order to clarify that has processes to ensure that the same protect student privacy and must notify adherence to foundational standards is student who enrolls in a distance students of any projected additional not a prohibition against innovation or education course or program is the student charges associated with the experimentation with new delivery student who participates in and verification of student identity at the models or types of programs or completes the program. time of registration or enrollment. credentials. Current Regulations: Section Proposed Regulations: Proposed In § 602.17(b), the Department 602.17(a) requires an agency to § 602.17(a)(2) would require an agency proposes to refine the regulation to demonstrate that it evaluates whether an to be successful at achieving its stated focus on continuous improvement institution or a program maintains objectives ‘‘at the institutional and rather than strict, and often educational objectives that are clear, program levels.’’ bureaucratic, requirements for a self- consistent with the institution’s or Proposed § 602.17(a)(3) would replace study. Assessment models that employ program’s mission, and appropriate in the requirement that an agency maintain the use of complicated rubrics and light of the credentials offered; if the degree and certificate requirements that expensive tracking and reporting institution or program is successful in at least conform to commonly accepted software further add to the cost of achieving its stated objectives; and if the standards with a requirement that the accreditation. The Department does not institution or program maintains degree agency maintain degree and certificate maintain that assessment regimes and certificate requirements that at least requirements that at least conform to should be so highly prescriptive or

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27423

technical that institutions or programs (3) Uses its published standards to remain out of compliance with policies, should feel required to hire outside make accreditation and preaccreditation standards, and procedures otherwise consultants to maintain accreditation. decisions; required by those regulations, for a Rather than a ‘‘one-size-fits-all’’ method (4) Has a reasonable basis for period of up to three years, and longer for review, the Department maintains determining the accuracy of information for good cause shown, where there are that peer reviewers should be more used to make accrediting decisions; and circumstances beyond the institution’s open to evaluating the materials an (5) Clearly identifies in writing to the or program’s control requiring this institution or program presents and institution or program any deficiencies forbearance. The proposed language considering them in the context of the in meeting agency standards. gives as examples a natural disaster, a institution’s mission, students served, Proposed Regulations: We propose in teach-out of another institution’s and resources available. § 602.18 to provide more direction to students, significant and documented agencies on what the statutory In § 602.17(e), while the agency local or national economic changes, requirement for accrediting agencies to changes in licensure requirements, should have discretion to include respect the mission of an institution undue hardship on students, and the information from other sources to comprises. In the event that an availability of instructors who do not determine whether the institution or institution believes their mission has meet the agency’s faculty standards but program complies with the agency’s been used as a negative factor by an are qualified by education or work standards, the agency must be able to agency, the institution could submit a substantiate the information. This complaint to the Department, which we experience to teach courses within a provision would allow the agency would investigate under the process dual or concurrent enrollment program. significant autonomy to ensure outlined in § 602.33. In § 602.18(b)(3), Reasons: We believe it is necessary to accountability while excluding findings we propose to provide that agencies provide more direction to agencies against institutions or programs based may not use as a negative factor the regarding respect for an institution’s on unsubstantiated allegations in the institution’s religious-based policies, religious mission. Under the proposed press, in court filings, or elsewhere. decisions, and practices in the areas of consensus language, we would remind In § 602.17(g), the Department curricula, faculty, facilities, equipment, agencies of the pervasive impact an proposes to remove redundant or supplies, student support services, institution’s or program’s religious unclear language, provide flexibility to recruiting and admissions practices, mission may properly have on its agencies to approve verification academic calendars, catalogs, operations, while acknowledging the methods, and avoid circumstances publications, grading, and advertising, right of an agency to require a under which the regulations would among others, provided that the agency comprehensive curriculum. For quickly become out-of-date as may require that the institution’s or example, committee members used technology changes. program’s curricula include all core health care programs as examples with components required by the agency. respect to the issue of curricula. An Ensuring Consistency in Decision- Additionally, in § 602.18(b)(6), we Making (§ 602.18) agency may require its accredited propose to require agencies to publish institution or program to provide Statute: HEA section 496(4)(A) their policies for retroactive application instruction on a range of treatment provides that an accrediting agency of an accreditation decision, and to included in that area of health care consistently applies and enforces provide that such policies must not while also providing instruction on standards that respect the stated mission provide for an effective date that religious tenets against use of those of the institution of higher education, predates either an earlier denial of types of treatment. accreditation or preaccreditation, or the including religious missions, and that We believe that the proposed change agency’s formal approval of the ensure that the courses or programs of related to retroactive effective dates is institution or program for consideration instruction, training, or study offered by also important. Many accrediting the institution of higher education, for accreditation or preaccreditation. In proposed § 602.18(c), we note that agencies already have standards that including distance education or include the retroactive application of an correspondence courses or programs, nothing in the Department’s recognition regulations prohibits an agency from effective date of accreditation. Those are of sufficient quality to achieve, for standards allow students in the cohorts the duration of the accreditation period, having alternate standards, policies, and procedures to satisfy recognition that were the subject of the accreditation the stated objective for which the review—and the subsequent approval— courses or the programs are offered. requirements in the interests of innovation or addressing undue benefit from the positive accreditation Current Regulations: Section 602.18 hardship to students, provided that the decision. We propose appropriate requires accrediting agencies to alternative measures, and selection of guardrails to ensure that the agency consistently apply and enforce participants, are approved by the does not backdate accreditation or standards that respect the stated mission agency’s decision-making body; preaccreditation to a time prior to when of the institution, including religious equivalent goals and metrics are set and the institution or program substantially mission. The agencies must also ensure applied; the process for establishing and complied with the agency’s standards that the institution or program provides applying the alternative standards, and procedures. an education that is of sufficient quality policies, and procedures is published; We intend for paragraphs (c) and (d) to achieve the institution or program’s and the agency requires the institution to provide safe harbors for agencies to stated objective. The agency meets this or program to demonstrate a need for exercise responsibly their ability to requirement if it— the alternative approach, as well as that support innovation and address (1) Has written accreditation and students will receive equivalent benefit hardship, without jeopardizing their preaccreditation requirements and clear and will not be harmed. recognition. Again, the Department has standards; In proposed § 602.18(d), we would included guardrails to ensure careful (2) Has effective controls against the establish that nothing in the recognition consideration and monitoring of this inconsistent application of agency regulations prevents an agency from flexibility and that it contains standards; permitting an institution or program to appropriate protections for students.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27424 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Monitoring and Reevaluation of of 50 percent or more in one year. We action unless the agency extends the Accredited Institutions and Programs use the institution’s fiscal year as the period for achieving compliance for (§ 602.19) one-year period outlined in this good cause. Statute: HEA section 496(a)(6) subsection. Proposed Regulations: In § 602.20(a) Proposed Regulations: We propose in provides that an accrediting agency we propose to require that, in the event § 602.19(e) to echo the statutory must establish and apply review of noncompliance with any agency requirement for a review at the next procedures throughout the accrediting standard, the agency must— NACIQI meeting of any change in scope • process that give adequate written Notify the institution or program of accepted by an agency when the specification of requirements, including the noncompliance; enrollment increases by 50 percent or • clear standards for an accredited Provide the institution or program more at an institution that offers institution or program, and identify with a reasonable written timeline for distance education or correspondence deficiencies at the institution or coming into compliance based on the courses. program examined. nature of the finding, the stated mission, Reasons: We believe that the statutory Section 496(c)(2) requires agencies to and educational objectives of the language clearly outlines the monitor growth of programs at institution or program; requirements for the specific review • institutions that are experiencing Follow its written policies and needed in this circumstance. significant enrollment growth. procedures for granting a good cause Section 496(q) provides that the Enforcement of Standards (§ 602.20) extension that may exceed the standard Secretary requires a review at the next timeframe when it determines such an Statute: HEA section 496 contains the extension is warranted; and NACIQI meeting of any change in scope criteria the Secretary uses to determine • Have a written policy to evaluate undertaken by an agency under section that an accrediting agency is a reliable and approve or disapprove monitoring 496(a)(4)(B)(i)(II) if the enrollment of an authority regarding education quality. or compliance reports it requires and institution offering distance education This section further specifies areas for evaluate an institution’s or program’s or correspondence education accredited which the accrediting agency must progress in resolving the finding of by such agency increases by 50 percent evaluate its institutions and provides noncompliance. or more within any one institutional that the agency will establish and apply We propose to allow the agency to fiscal year. procedures for review throughout the include intermediate compliance Current Regulations: Section accreditation process, including for checkpoints in the timeline as long as 602.19(a) provides that an accrediting evaluation and withdrawal proceedings, the agency provides notice to the agency must regularly reevaluate the that comply with ‘‘due process’’ criteria institution concerning its compliance institutions or programs it accredits or specified in Section (a)(6). preaccredits. Section 496(a)(4) requires that a checkpoints. Additionally, the timeline Section 602.19(b) requires that the recognized agency must consistently must not exceed the lesser of four years, agency must also show that has, and apply and enforce standards that respect or 150 percent of the length of the effectively applies, its required the stated mission of the institution, program for a programmatic accrediting monitoring and evaluation approaches including religious missions, and ensure agency, or 150 percent of the length of that allow the agency to identify that the courses or programs offered, the longest program for an institutional problems with an institution’s or including distance education or accrediting agency. program’s continued compliance with correspondence courses, are of We further propose to amend agency standards and that consider sufficient quality to achieve, for the § 602.20(b) to state that the agency must institutional or program strengths and duration of the accreditation period, the have a policy for taking an immediate stability. These approaches must stated objective for which the courses or adverse action and take such action include periodic reports, and collection the programs are offered. when it determines that such action is and analysis of key data and indicators, Current Regulations: Section appropriate. including fiscal information and 602.20(a) provides that if an agency’s In § 602.20(c), we propose to require measures of student achievement. review of an institution or program that if the institution or program does Section 602.19(c) further provides indicates that the institution or program not bring itself into compliance within that each agency must monitor the is not in compliance with any standard, the prescribed time period, the agency growth of the institutions or programs it the agency must either immediately must take adverse action against the accredits and collect enrollment data initiate adverse action against the institution or program but may maintain from institutions or programs at least institution or program, or require the the accreditation or preaccreditation annually. institution or program to bring itself into until the institution or program has had Additionally, § 602.19(d) requires compliance in no later than— reasonable time to complete its teach- institutional accrediting agencies to • Twelve months, if the program, or out agreement. monitor the program growth at the longest program offered by the We propose to add in § 602.20(d) that institutions experiencing significant institution, is less than a year in length; an agency that accredits institutions enrollment growth, as the agency • Eighteen months, if the program, or may limit the adverse or other action to defines it. the longest program offered by the specific programs or additional Section 602.19(e) requires additional institution, is at least a year, but less locations of an institution, without enrollment monitoring of institutions by than two years, in length; or taking action against the entire any agency that expands its scope of • Two years, if the program, or the institution and all of its programs, recognition to include distance longest program offered by the provided the noncompliance was education or correspondence courses institution, is at least two years in limited to the particular programs or through notice to the Secretary of the length. locations. We also propose to reiterate expansion. The agency must report Under § 602.20(b), if the institution or in new § 602.20(e) that all adverse information to the Secretary within 30 program does not bring itself into actions taken under this subpart are days about any such institution that has compliance within the specified period, subject to the arbitration requirements experienced an increase in enrollment the agency must take immediate adverse in statute.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27425

We also propose in new § 602.20(f) institutions accountable. The section, we would not require agencies that an agency would not be responsible Department believes that a major barrier to apply standards required by the HEA for enforcing requirements in §§ 668.14, to greater institutional accountability is to institutions that do not participate in 668.15, 668.16, 668.41, or 668.46, but the lack of targeted actions agencies title IV, HEA programs. Proposed that if it identifies instances or potential (and the Department) can take to § 602.20(g) would go further to protect instances of noncompliance with any of promote compliance and continuous the institutional autonomy of such these requirements, it must notify the improvement. When faced with institutions. Department. program-level noncompliance, agencies Review of Standards (§ 602.21) Finally, we propose in new may believe they are limited to a rather § 602.20(g) that the Secretary may not blunt institution-level instrument that Statute: HEA section 496(a)(4)(A) require an agency to take action against may not effectively address the source requires that an agency’s standards an institution or program under part 602 of the noncompliance. Agencies may ensure that the courses or programs if the institution or program does not not wish to impose sanctions that offered by an institution are of sufficient participate in any title IV, HEA or other negatively affect an institution when quality to achieve the stated objectives Federal program. only one program is out of compliance for which they are offered for the Reasons: We propose changes in since the collateral damage of broad duration of the accreditation period. § 602.20(a), (b), and (c) to remove overly sanctions can be significant and Current Regulations: Section prescriptive timelines for taking action unwarranted. For example, this 602.21(a) requires an agency to maintain that often require agencies to place a provision would encourage an agency to a systematic program of review that greater importance on acting swiftly work with an institution that otherwise demonstrates the adequacy of its than acting in the best interest of meets the agency’s standards but standards to evaluate the education students. In the case of a revocation of address an outlier program that is not quality of the institution or program in accreditation that is likely to lead to compliant with those standards and is a way that is relevant to the educational institutional closure, institutions or unlikely to be able to become compliant or training needs of the student programs may serve students best if they in a reasonable time period. population. have time to implement a teach-out We propose adding § 602.20(e) to Sections 602.21(b) and (c) contain the plan, enter into teach-out agreements address another barrier to agency action: required procedures for an agency when with other institutions or programs, and The risk of costly and time-consuming evaluating its standards and if it that help students move to a new institution litigation. The Department is aware that determines that it needs to make to complete their programs. For students some agency decisions have resulted in changes to its standards. near completion, it may be preferable to lawsuits by sanctioned institutions or Proposed Regulations: We propose to complete the program prior to the programs without regard to the require in § 602.21(a) that an agency implementation of the adverse action. arbitration requirements in 20 U.S.C. maintain a ‘‘comprehensive’’ systematic Institutions often lose accreditation due 1099b(e). The Department emphasizes program of review and that such review to financial instability, which may or this requirement to ensure that agencies, would include all relevant may not reflect insufficient academic as well as the programs and institutions constituencies, such as educators, quality or institutional integrity. In such they oversee, can quickly and affordably educational institutions (and their cases, an institution’s precipitous address areas of disagreement. students and alumni as appropriate), closure would likely cause unnecessary We also propose adding § 602.20(f) to licensing bodies, practitioners, and harm to students and taxpayers. clarify agency enforcement obligations. employers in the fields for which the Even in the case of less serious We believe this would resolve what the educational institutions or programs findings of noncompliance, current Department believes to be a blurring of within the agency’s jurisdiction prepare regulations do not allow adequate time the lines that divide oversight their students. Additionally, we propose for an institution to implement responsibilities among the members of in § 602.21(d)(3) that, in addition to curricular or other changes to allow it to the regulatory triad (the Department, considering timely comments on come into compliance with standards. accrediting agencies, and States). At proposed changes made by relevant There are also instances in which the times, accrediting agencies may have constituencies and other parties, finding of noncompliance is due to been asked to perform or duplicate the agencies must also be responsive to any economic conditions outside of the work that should be carried out by such comments. institution’s control, in which case the States or the Department. This Reasons: The Department proposes to institution may require additional time duplication is costly to agencies and emphasize that an agency’s system of to adjust to the underlying challenge or institutions, and results in overreach by review of its standards should be for the economic condition to change. agencies due to a fear that they may face comprehensive and involve all Therefore, the Department wishes to negative consequences during their own constituencies, while maintaining provide discretion to the agency to recognition review if they do not act. responsiveness to comments received. decide on the timing of an adverse Perhaps more importantly, these action, based on the nature of the perceived responsibilities distract Substantive Change (§ 602.22) deficiency and the condition of the accrediting agencies, which have Statute: HEA section 496(a)(4)(A) institution and its academic programs. limited resources, from their core provides that an accrediting agency We also propose new provisions in this obligation to oversee academic and consistently applies and enforces section to ensure that any discretion the institutional quality. By explicitly standards that respect the stated mission agency exercises is balanced by strong allowing agencies to leave Department of the institution of higher education, protections for students, clear timelines responsibilities to the Department, we including a religious mission, and that for coming into compliance, and proper believe agencies would be better able to ensure that the courses or programs of oversight by the agency for meeting focus on enforcing their own standards instruction, training, or study offered by those timelines. and procedures and ensuring academic the institution, including distance We propose adding § 602.20(d) to give rigor. education or correspondence courses or institutional accrediting agencies more The proposed addition of § 602.20(g) programs, are of sufficient quality to tools to hold programs within is related to § 602.16(b). In the latter achieve the stated objective for which

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27426 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

the courses or the programs are offered is conducting a teach-out for students of sufficiently extensive to require the for the duration of the accreditation another institution. agency to conduct a new comprehensive period. Under § 602.22(a)(2)(vii), if the evaluation of that institution. Section 496(c)(1) and (2) require that agency’s accreditation of an institution Under § 602.22(b), an agency may agencies perform, at regularly enables the institution to seek eligibility determine the procedures that it uses to established intervals, on-site inspections to participate in title IV, HEA programs, grant prior approval for substantive and reviews with a focus on education the definition of ‘‘substantive change’’ changes. However, the procedures must quality and program effectiveness and must include entering into a contract specify an effective date for the change, monitor the growth of programs. Section under which an ineligible institution or which is not retroactive, except that the 496(c)(4) states that as part of an organization offers more than 25 percent agency may designate the date of a accrediting agency’s operating of one or more of the accredited change of ownership as the effective procedures, the agency must require an institution’s educational programs. date of its approval of the change if it institution to submit plans to establish Under § 602.22(a)(2)(viii), if the makes the decision within 30 days of a branch campus prior to opening the agency’s accreditation of an institution the change of ownership. branch. Section 496(c)(5) requires an enables it to seek eligibility to Section 602.22(c) pertains to accrediting agency to conduct an on-site participate in the title IV, HEA institutions participating in the title IV review of a new branch campus or an programs, the definition of ‘‘substantive programs that have not been pre- institution that has undergone a change change’’ must include the establishment approved by the agency under in ownership within six months of the of an additional location at which the § 602.22(a)(2)(viii) for adding additional establishment of the branch or the institution offers at least 50 percent of locations. In such circumstances, change in ownership. an educational program. The accrediting § 602.22(c) requires that the agency’s Current Regulations: Under agency must approve the addition of procedures for approval of an additional § 602.22(a), if an agency accredits such a location in accordance with location at which an institution offers at institutions, it must maintain adequate § 602.22(c) unless it determines that the least 50 percent of an educational substantive change policies. These institution has— program must provide for a • policies must ensure that any Successfully completed at least one determination of the institution’s fiscal substantive change to the institution’s cycle of accreditation of maximum and administrative capacity to operate educational mission or programs after length offered by the agency and one the additional location, as well as for the agency has granted accreditation or renewal, or has been accredited for at the conducting of site visits in specified least 10 years; preaccreditation does not adversely • circumstances. affect its capacity to continue to meet At least three additional locations Section 602.22(d) states that the the agency’s standards. that the agency has approved; and purpose of site visits described in • Met acceptable agency criteria Under § 602.22(a)(1), an agency must § 602.22(c)(1) are to verify that the indicating enough capacity to add require the institution to obtain the additional location has the personnel, additional locations without individual agency’s approval of a substantive facilities, and resources it claimed to prior approvals. change before the agency includes the Under § 602.22(a)(2)(viii)(B), if the have in its application for approval of change in the scope of accreditation or agency determines under procedures the additional location. preaccreditation it previously granted to consistent with the requirements of Proposed Regulations: We propose to the institution. § 602.22(a)(2)(viii) that an institution change the title of § 602.22 to Section 602.22(a)(2) requires an may add locations without individual ‘‘Substantive changes and other agency to include the following in its approvals by the agency, the agency reporting requirements.’’ Proposed definition of ‘‘substantive change’’: § 602.22(a)(2) would require an agency’s • must require timely reporting of every Any change in the institution’s additional location established under definition of ‘‘substantive change’’ to established mission or objectives. cover ‘‘high-impact, high-risk changes,’’ • that agency approval. Any change in the institution’s legal Under § 602.22(a)(2)(viii)(C), an and would identify required elements of status, form of control, or ownership. agency determination to preapprove an an agency’s definition of ‘‘substantive • The addition of courses or programs institution’s addition of locations may change.’’ that represent a significant departure not exceed five years. We propose in § 602.22(a)(2)(i) to from the existing offerings of Under § 602.22(a)(2)(viii)(D), the limit substantive changes regarding educational programs, or method of agency may not preapprove an mission to ‘‘substantial’’ changes, but to delivery, from those offered when the institution’s addition of locations after include substantial changes to the agency last evaluated the institution. the institution undergoes a change in established mission or objectives of an • The addition of programs of study ownership resulting in a change in institution’s programs. at a credential level different from the control until the institution Proposed § 602.22(a)(2)(iv) would level approved in the institution’s demonstrates that it meets the limit the substantive changes requiring current accreditation or conditions for the agency to preapprove approval regarding the addition of preaccreditation. additional locations described in programs to the addition of graduate • A change from clock hours to credit § 602.22(a)(2)(viii). programs by an institution that hours. Under § 602.22(a)(2)(viii)(E), the previously offered only undergraduate • A substantial increase in the agency must have an effective programs or certificates. number of clock or credit hours mechanism for conducting, at Under proposed § 602.22(a)(2)(v), awarded for successful program reasonable intervals, visits to a substantive changes would include completion. representative sample of additional changes in the way an institution • The acquisition of any other locations. measures student progress, including institution or any program or location of Under § 602.22(a)(3), the agency’s not only changes in clock or credit another institution. substantive change policy must define hours but changes in semesters, • The addition of a permanent when the changes made or proposed by trimesters, or quarters, and changes to location at a site at which the institution an institution are or would be non-time-based methods.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27427

Proposed § 602.22(a)(vi) would placed on probation or equivalent institution or program must simply identify as an additional substantive status, been subject to a negative action report to the agency. In addition, we change an increase in the level of by the agency over the prior three seek to focus the regulations on the credential awarded. academic years, or been provisionally types of changes that we believe pose Proposed § 602.22(a)(2)(ix) would certified, as provided in 34 CFR 668.13. the greatest risk to students and require agency approval of the addition Where approval is not required, an taxpayers. of each new location or branch, except institution must report the additional Specifically, we propose if the institution meets the criteria in location within 30 days. The proposed modifications to § 602.22(a)(2) to reduce proposed paragraph (c), and would add provision would eliminate existing unnecessary burden associated with, for additional criteria for agency prerequisites that either the institution’s example, requiring an institution to seek consideration in such reviews. successful completion of a cycle of an agency’s approval for insubstantial We propose to move to proposed accreditation have been of maximum changes to its mission or objectives, or § 602.22(a)(2)(x) the requirements for length or that the institution has been adding programs at a new credential approval of written arrangements under accredited for at least 10 years. level, other than the addition of which an institution or organization not Proposed § 602.22(c) would also graduate programs. Other proposed certified to participate in the title IV, eliminate the current requirement that changes to this section would clarify HEA programs offers more than 25 and each agency determination that an language or conform to other changes, up to 50 percent of one or more of the institution is qualified to add locations, such as different ways institutions may institution’s programs. without a location-by-location measure student progress. Proposed § 602.22(a)(2)(xi) identifies application, expires after five years. The Department also believes it is the addition of each direct assessment Proposed § 602.22(d) would require important in § 602.22(a)(2) to designate program as a substantive change. the agency to have an effective certain changes as substantive that the Proposed § 602.22(a)(3)(i) provides mechanism for conducting, at regulations did not previously consider that for substantive changes identified reasonable intervals, visits to a as such because they represent unique in proposed § 602.22(a)(2)(iii) (addition representative sample of additional risks to students and taxpayers. We of programs that represent a significant locations approved under proposed propose to include the addition of a departure from prior offerings), (v) § 602.22(a)(2)(viii) and (ix). direct assessment program and moving (change in the way the institution Proposed § 602.22(e) would specify a program to a higher credential level monitors student progress), (viii) minimum requirements for the for this reason. Additionally, we (addition of a permanent location at procedures an agency uses to grant prior propose the latter change to restrict which the institution is conducting a approval for substantive changes. It also credential inflation. teach-out), or (x) (written arrangements would provide that agencies must set Most significantly, the Department for ineligible entities to offer between 25 effective dates for their approvals that proposes to add provisions in and 50 percent of a program), an agency cannot pre-date either an earlier agency § 602.22(a)(3) to allow an agency to may designate senior agency staff to denial, or the agency’s formal approval utilize its senior staff to review certain approve or disapprove the request in a of the substantive change for substantive change requests in order to timely, fair, and equitable matter. consideration for inclusion in the reduce burden on its decision-making Proposed § 602.22(a)(3)(ii) would institution’s preaccreditation. body and allow that body to focus on require senior staff reviewing a request Proposed § 602.22(f) would specify more significant and potentially risky for approval of a written arrangement requirements for site visits of additional changes. This change would represent a under § 602.22(a)(3)(i) to make a final locations that are not a branch campus middle ground between removing items decision within 90 days of receipt of a and where an institution offers at least from substantive change entirely and materially complete request, unless the 50 percent of an educational program. preserving existing regulations. The agency or its staff determines significant Reasons: In § 602.22, the Department proposed change also recognizes the related circumstances require a review proposes to revise its substantive change evolution of agencies into increasingly of the request by the agency’s decision- regulations to provide accrediting complex organizations with diverse making body within 180 days. agencies more flexibility while expertise that they can apply to Proposed § 602.22(b) identifies maintaining proper agency oversight of specialized tasks with more informed additional changes that institutions high-risk changes. Substantive change and timely results that benefit all must report to their accrediting agency. requests are not only burdensome for parties. However, institutions on probation or agencies to review, but also often Requests for approvals of written equivalent status with the agency, on require an institution to pay costly fees arrangements under which non- provisional certification with the and wait many months for a decision. traditional providers offer between 25 Department, or those subject to negative Costs for agency review of substantive and 50 percent of a program are among agency action over the prior three changes can be as high as $66,000 plus the types of substantive changes for academic years must receive prior the expenses associated with any which approval by senior agency staff approval for these changes in addition required site visit. In addition, agency would be permitted under proposed to those in § 602.22(a). boards generally meet infrequently, § 602.22(a)(3)(i). In proposed Proposed § 602.22(c) would maintain meaning that an institution’s § 602.22(a)(3)(ii), we propose other most of the current language in application may be held for several changes to the process for approving § 602.22(a)(2)(viii) relating to the months before it can be reviewed and written arrangements to encourage preapproval of additional locations. approved. This can discourage and timelier approvals. Such agreements Agency approval is not required for an delay changes in programs that could often create programs that are institution that has successfully otherwise be beneficial to students. responsive to local or national completed at least one cycle of The Department also seeks to workforce needs, and delays under the accreditation, has received agency streamline approval of other existing approval process have made approval for the addition of at least two institutional or programmatic changes achieving this important goal more additional locations as provided in by dividing them into those that the difficult. With undue delay, educational § 602.22(a)(2)(ix), and has not been agency must approve and those that the innovations, especially those that

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27428 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

require large investments in state-of-the- institution but would be far less risky at higher education if it has been granted art tools and technologies, can be an institution in good standing. preaccreditation status by an agency beyond the reach of some institutions Proposed changes to § 602.22(c) that has been recognized by the due to high start-up costs or the clarify that an additional location that is Secretary for the granting of inability to commit multiyear funds to not a branch campus in appropriate preaccreditation status, and the seeing such a project through to full circumstances may be approved through Secretary has determined that there is implementation. It can also be a streamlined process. This streamlined satisfactory assurance that the challenging to evaluate the effectiveness process is similar to the existing institution will meet the accreditation of a given innovation if tested on a regulations but ensures that the standards of such an agency within a single campus since limited sample institutions to which it applies have a reasonable time. sizes or certain selection bias may mask degree of experience and have not been Current Regulations: Section or confound results. There may be under recent sanction by the 602.23(a)(2) requires agencies to economies of scale that enable an Department or their accrediting agency. maintain and make available to the outside educational provider to develop We propose to remove other aspects public written materials describing the and test technologies, and provide of the existing regulations relating to procedures that institutions or programs instruction using those technologies, for additional locations because they are must follow in applying for several institutions. overly prescriptive and do not allow accreditation or preaccreditation. Written arrangements can also allow agencies to develop processes for Section 602.23(a)(5) requires an institutions to partner with approving additional locations that accrediting agency to maintain and organizations like building and trade balance accountability and make available to the public written unions to allow students to earn direct responsiveness to institutions’ requests. materials describing the names, academic credit for the learning they do High quality simulators or genuine academic and professional at nonaccredited, state-of-the-art equipment used in the field (e.g., qualifications, and relevant employment teaching facilities that such computer numerical control machines and organizational affiliations of the organizations operate. In such a case, used in advanced manufacturing, virtual members of the agency’s policy and under a written arrangement, students reality technology to simulate medical decision-making bodies and the could receive academic credit for procedures, or aircraft for flight training agency’s principal administrative staff. learning that an institution otherwise and maintenance programs) can be of Section 602.23(d) requires an may not recognize through prior immense value to students, but accrediting agency to ensure that if an learning assessment (PLA). Written immense cost to institutions. Finally, in institution or program elects to disclose arrangements with museums, theaters, proposed § 602.22(e)the Department its accreditation or preaccreditation and hospitals could also provide wishes to address its prior regulatory status, it must do so accurately, students with additional expanded prohibition on retroactive substantive including the specific programs covered learning opportunities. Although changes, which led to difficult and risky by that status and agency’s name, institutions may award credit for the scenarios for students, institutions, and address, and telephone number. learning activities described above taxpayers. For example, institutions will Proposed Regulations: We propose to through PLA, there is less certainty often launch new programs and then add to § 602.23(a)(2) a requirement that regarding how much credit an have them reviewed for approval under accrediting agencies make available to institution will award. Also, if a student the substantive change requirements. the public written materials describing transfers, the receiving institution may Unfortunately, even after those the procedures that institutions or not accept PLA credits. Written programs receive approval, students programs must follow regarding arrangements allow students to earn who completed them before that approval of substantive changes and the direct college credit for learning that approval process are considered to have sequencing of steps relative to any takes place through the nonaccredited graduated from an unaccredited applications or decisions required by provider, which benefits students and program with potential implications for States or by the Department relative to may reduce the cost of postsecondary future employment prospects, including the agency’s preaccreditation, education to students and institutions. occupational licensure. For this reason, accreditation, or substantive change In order to encourage written the Department wishes to codify as an decisions. arrangements, proposed acceptable practice awarding retroactive In proposed § 602.23(a)(5), we would § 602.22(a)(3)(ii) sets deadlines for approval of a substantive change with clarify that agencies must provide a list processing of these requests. The proper safeguards to ensure approvals of the names, academic and professional Department recognizes that some are not backdated to a time prior to qualifications, and relevant employment requests will be more complex than when the institution’s or program’s and organizational affiliations of others and so we propose a bifurcated proposed substantive change was members of the agency’s decision- process whereby agency staff can substantially compliant with the making bodies and principal approve the less complex requests and agency’s standards and procedures. administrative staff. the agency’s decision-making body can In proposed § 602.23(d), we would Operating Procedures All Accrediting approve the more complex requests replace the reference to the address and Agencies Must Have (§ 602.23) with more time for consideration. telephone number of an agency with a Section 602.22(b) reflects our view Statute: HEA sections 496(a)(6) reference to ‘‘contact information for the that risk is particularly acute if the through (8) and (c) establish required agency.’’ Department or the institution’s operating procedures that a recognized We propose adding a new § 602.23(f) accrediting agency has recently accrediting agency must include in its that would specify that, if an accrediting sanctioned an institution, and that such processes. HEA section 101(a)(5) agency offers preaccreditation— institutions accordingly warrant greater provides that a public or nonprofit • The agency’s preaccreditation scrutiny. For such cases, the Department degree-granting institution that is not policies must limit the status to proposes to add requirements to yet fully accredited by a recognized institutions or programs that the agency § 602.22(b) for additional approvals that accrediting agency may nonetheless has determined are likely to succeed in may present risk at a distressed qualify as an HEA-eligible institution of obtaining accreditation;

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27429

• The agency must require all We propose the change to § 602.23(d) (c) The institution notifies the preaccredited institutions to have a to ensure that institutions include the accrediting agency that the institution teach-out plan that ensures that students most appropriate contact information, intends to cease operations. completing the teach-out would meet which may be an email address or other HEA section 496(c)(4) provides that curricular requirements for professional method, rather than only a mailing an accrediting agency’s operating licensure or certification, if any, and address and telephone number. procedures must require an institution that includes a list of academic We propose to add a new § 602.23(f) to submit plans to establish a branch programs offered by the institution, and to provide greater specificity and campus prior to its opening. the names of other institutions that offer safeguards when agencies offer Section 496(c)(5) requires an similar programs and that could preaccreditation. accrediting agency to conduct an on-site potentially enter into a teach-out The Department seeks to mitigate the review at an institution within six agreement with the institution; months of it opening a new branch • additional risk to students and If it denies accreditation to an taxpayers posed by a preaccredited campus or when it has undergone an institution it has preaccredited, the program or institution. Accordingly, we ownership change. agency may maintain the institution’s want to ensure that agencies limit those Section 496(c)(6) requires that teach- preaccreditation for currently enrolled offerings to serious candidates for full out agreements among institutions are students until the institution has had a accreditation only. We also propose to subject to approval by the accrediting reasonable time to complete the require that preaccredited institutions agency consistent with standards activities in its teach-out plan to assist and programs have a plan in place to promulgated by such agency. students in transferring or completing help students complete their program or Section 496(c)(9) requires that, as a their programs, but for no more than 120 transfer elsewhere if the institution or part of the agency’s review for days unless approved by the agency for program fails to reach full accreditation. accreditation or reaccreditation, the good cause; and institution must have transfer of credit • Furthermore, we propose to prevent the The agency may not move an use of preaccreditation as a form of policies that (i) it publicly discloses and accredited institution or program from quasi-accreditation except in the case of (b) include a statement of the criteria it accredited to preaccredited status initial candidacy. established for evaluating and unless, following the loss of approving for transfer credits earned at accreditation, the institution or program Finally, we propose these changes, another institution of higher education. applies for initial accreditation and along with others discussed in § 602.22, Current Regulations: Section 602.24 receives preaccreditation status under to prevent harm to students who attend requires an institutional accrediting the new application. Institutions that preaccredited institutions or programs. agency to establish and follow participated in the title IV, HEA The Department seeks to clarify its procedures relating to branch campuses; programs before the loss of accreditation position that a student who completes a change in ownership; teach-outs; closed are subject to the loss of accreditation or preaccredited program should have the institutions; transfer of credit policies; preaccreditation requirements of 34 CFR same benefits as a student who has and credit-hour policies as specified in 600.11(c). completed an accredited program. We § 602.24(a) through (f). propose to codify this current practice Proposed § 602.23(f)(2) requires that Under § 602.24(a)(1)(iii), the agency to protect students who attend the Secretary consider all credits and must require an institution that plans to preaccredited institutions or programs degrees earned and issued by an establish a branch campus to provide that the accrediting agencies have institution or program holding the agency with a business plan that granted such status with the expectation preaccreditation from a nationally describes the operation, management, that the institutions or programs would recognized agency to be from an and physical resources at the branch meet the requirements for full accredited institution or program. campus. accreditation. Preaccreditation status Reasons: We propose changes to Under § 602.24(a)(2), an agency may allows otherwise-eligible students the § 602.23(a)(2) to clarify the sequencing extend accreditation to a branch campus opportunity to receive title IV, HEA of approvals in instances where more only after it evaluates the business plan program funds; we want their time and than one member of the triad must and takes whatever other actions it money, as well as taxpayer funds, to be approve a change or request. This will deems necessary to determine that the well spent. We further want to support ensure that institutions and programs do branch campus has sufficient students completing preaccredited not experience unnecessary delays and educational, financial, operational, programs to be able to meet State that agencies do not receive information management, and physical resources to occupational licensing requirements. absent decisions from other members of meet the agency’s standards. the triad, when the approval of one Additional Procedures Certain Sections 602.24(a)(3) and (b) require member of the triad (e.g., States) is Institutional Accreditors Must Have an agency to conduct a site visit as soon necessary for another member (e.g., the (§ 602.24) as practicable but no later than six Department) to perform its review. months after the establishment of a We propose the changes to Statute: HEA section 496(c)(3) branch campus or, if the institution has § 602.23(a)(5) to clarify that a list of the requires an institution to submit for undergone a change of ownership that names, academic and professional approval to the accrediting agency a resulted in a change of control, no later qualifications, and relevant employment teach-out plan when any of the than six months after the change of and organizational affiliations of following events occur: ownership. members of the agency’s decision- (a) The Department notifies the Under § 602.24(c), an agency must making bodies and principal accrediting agency of an action against require an institution to submit a teach- administrative staff, rather than the institution pursuant to section out plan for approval if— curriculum vitae and other 487(f). • The Department notifies the agency documentation, adequately satisfy this (b) The accrediting agency acts to that the Department has initiated requirement, in order to reduce withdraw, terminate, or suspend the emergency action against the institution, administrative burden. accreditation of the institution. or an action to limit, suspend, or

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27430 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

terminate an institution’s participation require them and what elements must that the teach-out institution have the in the title IV, HEA programs; be included. capacity to carry out its mission and • The agency acts to withdraw, Paragraph (c)(1)(i) would require meet all obligations, in lieu of the terminate, or suspend accreditation or submission of a teach-out plan by a non- existing requirement that the teach-out preaccreditation of the institution; profit or proprietary institution if the institution remain stable; and by • The institution notifies the agency Secretary notifies the agency of a providing that students should not be that it intends to cease operations or determination by the institution’s required to move or travel for close a location that provides 100 independent auditor expressing doubt substantial distances or durations. percent of at least one program; or about the institution’s ability to operate Proposed paragraph (c)(8) would • A State licensing or authorizing as a going concern or indicating an prohibit an institution from serving as a agency notifies the agency that it has or adverse opinion or material weakness teach-out institution if it is under will revoke the institution’s license or finding related to financial stability. investigation or facing an action or legal authorization to provide an Paragraphs (c)(1)(ii)–(iii) would prosecution for an issue related to education. require a teach-out plan to be submitted academic quality, misrepresentation, Section 602.24(c)(2) requires the if the agency puts the institution or fraud, or other severe matters, or if it is agency to evaluate the teach-out plan to probation or show cause, or if the subject to the conditions that would ensure that it provides for the equitable Secretary notifies the agency that the require submission of a teach-out plan treatment of students; specifies institution has been required to submit under proposed § 602.24(c)(1) or (2). additional charges, if any; and provides a teach-out plan as a condition of Proposed paragraph (c)(9) would notification to the students of any provisional certification. permit an agency approving a written- Proposed paragraph (c)(2) would additional charges. teach-out agreement to waive require both a teach-out plan and, if requirements regarding the percentage Section 602.24(c)(3) requires an practicable, a teach-out agreement if the agency that approves a teach-out plan of credits which must be earned at the institution is placed on reimbursement institution awarding the educational that includes a program accredited by or heightened cash management under another recognized accrediting agency credential for the benefit of students 34 CFR 668.162(d)(2), or if the completing the program under the to notify that accrediting agency of its Department has taken an emergency approval. agreement. action or an action to limit, suspend or Proposed paragraph (c)(10) would Under § 602.24(c)(4) an agency may terminate participation, or the agency require the agency to obtain from the require an institution to enter into a acts to withdraw, terminate, or suspend closing institution all notifications from teach-out agreement as part of its teach- accreditation or preaccreditation, or the the institution about the closure or out plan. institution notifies the agency that it teach-out options to ensure that the Under § 602.24(c)(5), an agency must intends to cease operations entirely or communications are accurate. require an institution that enters into a close a location that provides one Proposed § 602.24(f) would remove teach-out agreement to submit that hundred percent of at least one program the requirement that an agency conduct teach-out agreement for approval. The (including if the location is being moved an effective review and evaluation of the agency may only approve the teach-out and is considered closed by the reliability and accuracy of the agreement if the agreement is between Department), or if the institution’s institution’s assignment of credit hours. institutions that are accredited or pre- license or legal authorization to provide Instead, the section would require that accredited by a nationally recognized an educational program has been or will an accrediting agency— accrediting agency, is consistent with be revoked. • Adopt and apply the definitions of applicable standards and regulations, Proposed paragraph (c)(3) would add ‘‘branch campus’’ and ‘‘additional and provides for the equitable treatment requirements that the teach-out plan location’’ in 34 CFR 600.2; of students in specified ways. Current include a list of currently enrolled • On the Secretary’s request, conform § 602.24(f) also requires agency review students, academic programs offered, its designations of an institution’s of institutional credit hour policies and the names of other institutions that offer branch campuses and additional specifies how an agency meets the similar programs and could potentially locations with the Secretary’s requirements for such review. enter into a teach-out agreement. designations if it learns the designations Proposed Regulations: Under Proposed paragraph (c)(6) would require diverge; and proposed § 602.24(a) agencies would not teach-out agreements to include a • Ensure that it does not accredit or have to require an institution to include complete list of enrolled students and preaccredit fewer than all of the in its branch campus business plan a the program requirements each has programs (except those losing description of the operation, completed, a plan to provide all accreditation under § 602.20(d)), branch management, and physical resources of potentially eligible students with closed campuses, and locations of an the branch campus. Proposed school discharge and State refund institution as certified for title IV § 602.24(a) would also remove the information, a record retention plan to participation by the Secretary, except requirement that an agency may only be provided to all students, information with notice to and permission from the extend accreditation to a branch campus on the number and types of credits the Secretary. after the agency evaluates the business teach-out institution will accept prior to Reasons: We propose the changes in plan and takes whatever other actions it the student’s enrollment, and a clear § 602.24(a) to remove requirements that deems necessary to determine that the statement of tuition and fees. go beyond statutory requirements and branch campus has enough educational, Proposed paragraph (c)(7) would are unnecessarily prescriptive or that financial, operational, management, and modify requirements regarding teach- duplicate requirements in proposed physical resources to meet the agency’s out agreements by providing that a § 602.22. standards. teach-out by an alternative delivery Changes proposed in § 602.24(c) Proposed § 602.24(c) would establish modality is not sufficient unless an would provide additional specificity new requirements for teach-out plans option via the same delivery modality as and clarity to requirements regarding and teach-out agreements, including the original educational program is also teach-out plans and agreements with respect to when an agency must provided; by substituting a requirement considering the Department’s recent

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27431

experience with school closures. The Current Regulations: Section 602.25(f) suspension, or termination of Department believes there is substantial requires an accrediting agency to accreditation. The agency must also confusion in the field about the nature demonstrate the procedures it uses to notify these parties when it places an of teach-outs, which is why it has added satisfy due process throughout the institution on probation, or the clearer definitions in other sections accreditation process, including equivalent, as well as any other adverse related to teach-out agreements, teach- providing an opportunity for an action it takes against the institution. out plans, and the actual execution of a institution or program to appeal any Section 496(a)(7) also requires an teach-out. The changes would also adverse action before the appeal agency to make available to the public clarify the responsibilities of the becomes final. Under § 602.25(f)(1)(iv), and the State licensing authority, and Department and accrediting agencies; the appeal must take place at a hearing submit to the Secretary, a summary of protect taxpayers from unnecessary before an appeals panel that affirms, agency actions, including final denial, expenditures associated with closed amends, reverses, or remands the withdrawal, suspension, or termination schools, including loan discharges and adverse action. In a decision to remand, of accreditation of an institution, and Pell grant lifetime eligibility, for courses the appeals panel must identify specific any findings made in connection with that may need to be repeated when issues that the original decision-making the action taken, together with the institutions are forced to close body must address. official comments of the affected precipitously; and provide consumer Proposed Regulations: We propose in institution, as well as any other adverse protections to students related to the § 602.25(f)(1)(iii) and (iv) to remove action taken with respect to an accuracy and completeness of reversal as an option available to an institution or placement on probation. appeals panel. We also propose to information regarding the teach-out and Section 496(a)(8) further requires an other options, as well as to the quality require that the appeals panel explain the basis for a decision to remand if it agency to make available to the public, and convenience of the teach-out upon request, and to the Secretary and offered. differs from the original decision- making body’s decision, rather than State licensing authority, a summary of We propose to remove the provisions providing for the appeals panel to any review resulting in a final in § 602.24(f) prescribing a specific type identify specific issues that the original accrediting decision involving denial, of review of an institution’s credit hour decision-making body must address in termination, or suspension of policies, and how those policies are the remand. We further propose to accreditation together with comments applied, that accrediting agencies are retain the requirement that the original from the affected institution. required to conduct each time the decision-making body must act in a Section 496(a)(8) further requires an institution is considered for renewal of manner that is consistent with the agency to make available to the public, accreditation. We believe the decisions or instructions from the upon request, and to the Secretary and requirements are unnecessarily appeal body in the case of a remand. State licensing authority, a summary of prescriptive and administratively Reasons: The proposed changes in any review resulting in a final burdensome without adding significant this section clarify the due process accrediting decision involving denial, assurance that the agency review will requirements for agencies when an termination, or suspension of result in improved accountability or institution or program appeals any accreditation together with comments protection for students or taxpayers. We adverse action prior to that action from the affected institution. propose to replace this section with a becoming final. Moreover, the Current Regulations: Under § 602.26, requirement designed to ensure the elimination of an appeals panel’s option an accrediting agency must demonstrate Department’s greater specificity and to reverse the original decision-making that it has established and follows clarity around the definitions of ‘‘branch body’s decision ensures that an agency written procedures requiring the agency campus’’ and ‘‘additional location’’ in board is able to fully re-evaluate its to provide written notice of accrediting § 600.2 are not in conflict with original decision upon remand, whereas decisions to the Secretary, the definitions used by agencies. As a reversal prohibits that re-evaluation. appropriate State licensing or discussed during the negotiated The Department proposes that, when authorizing agency, appropriate rulemaking, the Department learned that the agency’s appeals panel decides to accrediting agencies, and the public. some agencies use the terms ‘‘additional remand the adverse action to the Section 602.26(a) requires an location’’ and ‘‘branch campus’’ original decision-making body, the accrediting agency to provide written differently than the Department, which appeals panel must provide the notice to the Department, the leads to confusion. By standardizing the institution or program with an appropriate State licensing or use of these terms, there will be fewer explanation for any determination that authorizing agency, the appropriate instances of misunderstanding or differs from that of the original decision- accrediting agencies, and the public no conflict. The changes to this section will making body. We intend for these later than 30 days after the agency also help ensure that an institution does changes to assure that institutions or decides to award or renew an not receive title IV funds for any programs are fully informed regarding institution’s or program’s accreditation offerings by an institution that are the decisions being made pertaining to or preaccreditation status. outside of the scope of the accreditation their accreditation status and that the or preacreditation granted. original decision-making body speaks Section 602.26(b) requires an accrediting agency to provide written Due Process (§ 602.25) for the agency in addressing concerns raised in a remand. notice to the Department, the Statute: HEA section 496(a)(6) appropriate State licensing or provides that an agency must establish Notification of Accrediting Decisions authorizing agency, and the appropriate and apply review procedures (§ 602.26) accrediting agencies when it notifies the throughout the accrediting process, Statute: HEA section 496(a)(7) institution or program, but no later than including evaluation and withdrawal provides that an agency must notify the 30 days after it makes the final decision proceedings, which comply with due Secretary and the appropriate State to— process procedures as outlined in that licensing or authorizing agency within • Place an institution or program on section. 30 days of the final denial, withdrawal, probation or an equivalent status;

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27432 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

• Deny, withhold, suspend, revoke, or We propose to redesignate current The Department proposed a technical terminate an accreditation or § 602.26(e) as § 602.26(f) and, in that change to replace ‘‘24 hours’’ with ‘‘one preaccreditation status; or paragraph, replace the 30-day business day,’’ which does not change • Take any other adverse action, as timeframes for a notification of an current practice but clarifies that we do defined by the agency. institution’s or program’s decision to not require agencies to make Section 602.26(c) requires an withdraw voluntarily from accreditation notifications on weekends or holidays. accrediting agency to provide the or preaccreditation or to allow Finally, to decrease timeliness and notices described in § 602.26(b) to the accreditation or preaccreditation to protect students, the Department public within 24 hours of its notice to lapse with timeframes of 10 business proposed to reduce the amount of time, the institution or program. days. from 30 days to 10 business days, in For a decision to deny, withdraw, Reasons: Several committee members which an accrediting agency must notify suspend, revoke, or terminate an proposed to add an additional the Secretary if an institution or accreditation or preaccreditation status, requirement in proposed § 602.26(b) to program decides to voluntarily § 602.26(d) requires an accrediting increase transparency and withdraw from accreditation or agency to make available a brief communication from the accrediting preaccreditation or allows either to statement summarizing the reasons for agency to the Secretary, State licensing lapse. the agency’s decision and the official or authorizing agency, appropriate comments that the affected institution Other Information an Agency Must accrediting agencies, and students or program may make with regard to Provide the Department (§ 602.27) regarding final decision of a probation that decision or evidence that the or equivalent status, or an initiated Statute: HEA section 496(c)(7) affected institution has been offered the adverse action. Current § 602.26(b) provides that an accrediting agency will opportunity to provide official requires an agency to report final make available to the public and submit comment, no later than 60 days after decisions of probation or equivalent or to the State authorizing agency and the making the decision. Secretary, a summary of agency actions, Section 602.26(e) requires an adverse actions in writing to including the award of accreditation or accrediting agency to provide stakeholders no later than 30 days after preaccreditation of an institution. HEA notification to the Secretary, the State making that decision and does not section 487(a)(15) provides that licensing authority, and, on request, the address initiated adverse actions. institutions participating in the title IV, public, if an institution or program Proposed § 602.26(b), revised to pertain HEA programs must acknowledge in decides to withdraw from accreditation to initiated adverse actions as well as their program participation agreements or preaccreditation, or lets its final probation decisions, would use a the authority of the Secretary, guaranty accreditation or preaccreditation lapse, different time frame, because it may take agencies, lenders, accrediting agencies, within 30 days of receiving notification longer than 30 days for an agency to the Secretary of Veterans Affairs, and from the institution of the withdrawal or prepare the written decision regarding State approval agencies to share with lapse of accreditation status. probation or equivalent status, or to Proposed Regulations: Proposed initiate an adverse action (such as each other any information pertaining to § 602.26(b) would require an accrediting denying, withdrawing, suspending, the institution’s eligibility to participate agency to provide written notice of a revoking, or terminating the in the title IV programs and any final decision of a probation or accreditation or preaccreditation of an information on fraud and abuse. equivalent status, or an initiated adverse institution or program), and to have it Current Regulations: Under action to the Secretary, the appropriate reviewed for accuracy and legal § 602.27(a)(1) and (2), an accrediting State licensing or authorizing agency, sufficiency before issuing it to an agency must submit to the Department and the appropriate accrediting agencies institution or program. To solve this a copy of any annual report it prepares at the same time it notifies the issue, a committee member proposed and a copy, updated annually, of its institution or program of the decision that the accrediting agency must directory of accredited and and would require the institution or provide notification to the Secretary, preaccredited institutions and programs. program to disclose such an action State licensing body, and appropriate Under § 602.27(b), if an accrediting within seven business days of receipt to accrediting agencies of such decisions agency has a policy regarding all current and prospective students. simultaneously with its notification to notification to an institution or program Proposed § 602.26(c) would eliminate the institution or program. In addition, of contact with the Department, it must the requirement to provide written to make such actions more transparent, provide for a case-by-case review of the notice of a final decision to place an the accrediting agency must require the circumstances surrounding the contact institution or program on probation institution or program to disclose such and the need for the confidentiality of within 30 days. actions to current and prospective that contact. Upon a specific request by We propose § 602.26(d) to replace the students within seven business days of the Department, the agency must current requirement that the agency receiving the agency’s notification. consider that contact confidential. notify the public of a final probation or The proposed language continues to Proposed Regulations: Proposed adverse action within 24 hours of its require accrediting agencies to provide § 602.27(a)(1) would replace the notice to the institution or program, the Secretary, the State, and appropriate requirements that an agency provide to with a requirement to notify the public accrediting agencies notice of any the Department a copy of any annual within one business day. adverse action at the same time the report and a copy of its directory of We propose to redesignate current agency notifies the institution or accredited and preaccredited § 602.26(d) as § 602.26(e) and, in that program, but no later than 30 days after institutions and programs with a paragraph, add the requirement that an reaching the decision, with notice to the requirement that an agency provide a institution or program subject to a final public of final probation decisions, list, updated annually, of its accredited adverse action must disclose such an initiated adverse actions, and final and preaccredited institutions and action within seven business days of adverse actions due within one business programs. Proposed § 602.27(a)(1) receipt to all current and prospective day of notice to the institution or would specify that the agency may students. program. provide the list electronically.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27433

Proposed § 602.27(b) would replace applications for recognition; making on requests for public disclosure the requirement that an agency must applications for expansion of scope; of agency materials are governed by consider a contact with the Department compliance reports; reviews of agencies FOIA, the Trade Secrets Act, the Privacy confidential ‘‘upon the request of the that have expanded their scope of Act of 1974, the Federal Advisory Department’’ with a requirement that recognition by notice; and staff analyses Committee Act, and other applicable the contact must be considered identifying areas of noncompliance. laws and specifies the agency’s confidential if ‘‘the Department Proposed Regulations: We propose to involvement in meeting the public determines a compelling need for remove and reserve § 602.30. disclosure requirements. confidentiality.’’ Reasons: The Department proposes to Proposed Regulations: We propose to Reasons: We propose to eliminate the remove this section because the change the title of § 602.31 to ‘‘Agency requirement in current § 602.27(a)(1) recognition procedures outlined in other applications and reports to be submitted that an agency submit to the Department sections of this part cover these to the Department.’’ Proposed a copy of any annual report it prepares. activities. § 602.31(a) would contain the Instead we propose that § 602.27(a)(1) application requirements for an Agency Submissions to the Department require the accrediting agency to submit accrediting agency seeking initial or an annually updated list of its (§ 602.31) continued recognition. In § 602.31(a), accredited and preaccredited Statute: HEA section 496(o) the Department proposes to require that institutions and programs. We believe authorizes the Secretary to develop an agency seeking renewal of this will allow the agency to provide regulations that provide procedures for recognition submit a written application needed information to the Department the recognition of accrediting agencies to the Department 24 months prior to more efficiently. The change from the and for administrative appeals. HEA the date on which the current currently required ‘‘directory’’ to the section 496(l) describes the process for recognition expires. We also propose to proposed ‘‘list’’ would not change an accrediting agency that has failed to remove the word ‘‘evidence’’ in current practice, but it may reduce effectively apply the criteria established § 602.31(a)(2) and (3), in reference to the administrative burden and the size of by the Secretary. HEA section 496(d) application that an accrediting agency agency submissions. provides that the period of recognition submits when seeking renewal of The Department proposes to clarify may not exceed five years. HEA section recognition. § 602.27(b) to state that the Department 114, as amended by the HEOA, governs Proposed § 602.31(b) contains the can on a case-by-case basis require that operations of NACIQI. Additionally, the application requirements for an contact with the accrediting agency Department must comply with the accrediting agency seeking an expansion about an institution or program remain requirements in the Freedom of of scope. confidential. The Department can only Information Act (FOIA), 5 U.S.C. 552, Proposed § 602.31(c) specifies the make this request in accordance with the Trade Secrets Act, 18 U.S.C. 1905, requirements for submitting a proposed § 602.27(a)(5) and (6). The the Privacy Act of 1974, as amended, 5 compliance or monitoring report, for an proposed clarification does not change U.S.C. 552a, Appendix 1, and all other agency that must submit such a report. current practice, but it attempts to applicable laws. Proposed technical changes to address a concern raised by the Task Current Regulations: Section § 602.31(d) provide consistency in the Force on Federal Regulation of Higher 602.31(a) contains the application reference to ‘‘correspondence courses.’’ Education and ensures the Department requirements for an accrediting agency Proposed § 602.31(f) contains has a compelling need for seeking initial or continued recognition. requirements pertaining to agency confidentiality. Section 602.31(b) contains the documentary submissions to the application requirements for an Department considering the public Activities Covered by Recognition accrediting agency seeking an expansion availability of agency records obtained Procedures (§ 602.30) of scope. by the Department. In § 602.31(f)(1)(i), Statute: HEA section 496(o) Section 602.31(c) contains the we propose to require accrediting authorizes the Secretary to develop requirements for an accrediting agency agencies to redact personally regulations that provide procedures for to submit a compliance report. identifiable information (PII) and other the recognition of accrediting agencies Section 602.31(d) identifies the sensitive information prior to sending and for administrative appeals. HEA requirements for a review following an the documents to the Department to section 496(l) specifies the process for increase in headcount enrollment of protect sensitive information from an accrediting agency that has failed to distance education students at any public disclosure. In § 602.31(f)(1)(ii), effectively apply the criteria established institution accredited by an agency that we propose to require accrediting by the Secretary. HEA section 496(d) has notified the Secretary of a change in agencies to redact names, personal stipulates that the period of recognition scope to include distance education or addresses, telephone numbers, email not exceed five years. HEA section correspondence education. addresses, Social Security numbers, 496(a) instructs the Secretary to Section 602.31(e) provides that if an information about proprietary business establish criteria to determine if an accrediting agency requests recognition practices, and any other personally agency may be determined to be a from the Department, the agency identifiable information about reliable authority as to the quality of consents to share information and individual students and any other education or training offered by an authorizes Department staff to observe individuals who are not agents of the institution of higher education. This site visits conducted by the agency visit agency or an institution the agency is section also allows the Secretary, after locations where agency activities occur; reviewing. notice and opportunity for a hearing, to obtain copies of documents deemed In addition to the redactions required establish criteria for such necessary by the Department to of agencies under proposed determinations. HEA section 114 complete the review of the agency; and § 602.31(f)(1), proposed § 602.31(f)(2) governs operations of NACIQI. gain Departmental access to agency would permit agencies to redact the Current Regulations: Section 602.30 records, personnel, and facilities. identities of institutions that it believes provides that recognition proceedings Section 602.31(f) explains that the are not essential to the Department’s are administrative actions taken on Department’s processing and decision- review.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27434 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

The Department proposes in submit copies of relevant standards, Procedures for Department Review of § 602.31(f)(4) to reserve the right to policies, or procedures in the expansion Applications for Recognition or for request that the agency disclose any of scope application only in relation to Change of Scope, Compliance Reports, specific material that the accrediting the activities conducted within the and Increases in Enrollment (§ 602.32) agency redacted, and the Department proposed expansion of scope in Statute: HEA section 496(n) directs will ensure that upon such request we addition to documentation of the the Secretary to conduct a do not provide the materials to the application of such standards, policies comprehensive review and evaluation of public if prohibited by law in the event and procedures. the performance of all accrediting of a FOIA request. Under proposed Members of the public may request agencies that seek recognition by the § 602.31(g), we propose to allow the Secretary in order to determine whether Secretary to publish reasonable, uniform accrediting agency records that the such accrediting agencies meet the limits on the length of submissions Department obtained. The Secretary criteria established by the Secretary. submitted under § 602.31. processes requests and makes the Reasons: Currently an agency seeking records available pursuant to statutory This independent evaluation must include the solicitation of third-party renewal of recognition must submit a requirements. The changes we propose information concerning the performance written application to the Secretary at to § 602.31(f) respond to the increased of the agency and site visits, including least once every five years. The number of FOIA requests the Department currently does not have a unannounced site visits, as appropriate, Department is receiving for recognition at accrediting agencies and, at the timeframe for when the agency must materials. The proposed change would submit its written application. Secretary’s discretion, at representative require agencies to redact recognition member institutions. The Secretary Generally, the Department will contact materials rather than allow agencies to the accrediting agency one year in must place a priority for review of make redactions. While the Department agencies on those that accredit advance of the expiration of recognition bears ultimate responsibility for requesting an application for renewal of institutions of higher education that complying with FOIA’s non-disclosure recognition and the agency will submit participate most extensively in requirements, agencies have knowledge the application six months in advance programs authorized under title IV of of the expiration date. The Department the Department does not as to whether the HEA, or on those agencies that have believes adding a timeframe for there is possible proprietary business been the subject of the most complaints submission in § 602.31(a) will allow information in the records they are or legal actions. The Secretary must also more time for the Department and the submitting. In addition, agency consider all available relevant accrediting agency seeking renewal of submissions are often voluminous, and information concerning the compliance recognition to work together given agencies’ greater familiarity with of the accrediting agency, including any collaboratively if an agency’s policies what they propose to submit, it is complaints or legal actions against the and procedures are out of compliance, appropriate for the Department to agency. In cases where the Secretary especially following changes in the require agencies responsibility in the identifies deficiencies in the Department’s regulations or first instance for removing information performance of an accreditation agency requirements. This longer lead time that would compromise individuals’ with respect to the established would allow Department staff to observe privacy if released to the public before requirements, the Secretary will accrediting agency actions throughout they submit the documentation to the consider those deficiencies in the the entire process of reviewing a select Department. In addition to making recognition process. Additionally, the Secretary must determine the agency’s number of representative institutions or redactions mandatory, the proposed scope of recognition when deciding to programs, including observing a site changes provide greater specificity as to recognize the agency. When the visit and the agency’s decision based on the types of information requiring Secretary recognizes an accrediting that visit. This additional time would redaction as a matter of personal also allow an agency to complete its agency, the Secretary will determine the privacy. The proposed changes would process for updating its standards and agency’s scope of recognition. HEA serve the public interest in effective procedures, if necessary, during the section 496(o) authorizes the Secretary review process. administration of FOIA. Proposed to develop regulations that provide Regarding changes to § 602.31(a)(2) § 602.31(f)(4) would help ensure that procedures for the recognition of and (3), the committee noted that the agency redactions do not compromise accrediting agencies and for word ‘‘documentation’’ more the effectiveness of the Department’s administrative appeals. HEA section appropriately described what an review of agency compliance with the 496(l) specifies the process for an accrediting agency compiles and recognition criteria. In the proposed accrediting agency that has failed to submits to the Department than does changes to § 602.31(g) we do not effectively apply the criteria established ‘‘evidence.’’ establish limits on the length of by the Secretary. HEA section 496(d) The Department proposes to remove submissions; however, in the future the provides that the period of recognition the language in current § 602.31(b)(2) Department may establish those limits may not exceed five years. HEA section requiring documentation of experience, through a Federal Register notice. The 114 governs the operations of NACIQI. because we have added a cross- Department has seen an increase in Current Regulations: Under reference to this section in § 602.32(j), applications that are tens of thousands § 602.32(a), the Department publishes a which outlines additional of pages long, which is unnecessary. notice in the Federal Register documentation an agency must submit The Department proposes adding a site requesting public comment after receipt when seeking an expansion of scope. visit to the agency’s offices as part of the of an accrediting agency’s application Currently, an agency must submit a recognition process, which means that for recognition, change in scope, written application for the expansion of compliance report, or increase in head- Department staff will review documents scope to the Secretary. In proposed count enrollment report. § 602.31(b)(2), consistent with a on-site and record their findings Under § 602.32(b), Department staff committee member’s suggestion, we accordingly. analyzes applications and reports would clarify that an agency must submitted by an accrediting agency to

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27435

determine whether the agency meets the recognition, or for expansion of scope, to unnecessarily restrict an institution’s criteria for recognition, considering all compliance reports, and increases in religious mission, the qualifications available relevant information enrollment.’’ necessary for a student to sit for a concerning the compliance of the Proposed § 602.32(a) would require licensure or certification examination, agency with those criteria and in the agencies preparing for a renewal of or the ability for a student to otherwise agency’s effectiveness in applying the recognition to submit a list of all be eligible for entry into a profession. criteria. institutions or programs that it will Proposed § 602.32(f) would retain the Under § 602.32(c), Department staff review over the next year, whether for authority for Department staff to review analyzes the materials submitted in initial or renewed accreditation, on a information directly related to support of an application for expansion compliance report, or with respect to institutions or programs accredited or of scope to ensure that the agency has other reporting requirements. If there preaccredited by the agency relative to the requisite experience, policies, are no institutions or programs their compliance with the agency’s capacity, and performance record to scheduled for an accreditation decision standards, the effectiveness of the support the request. in the upcoming year, the list would standards, and the agency’s application Section 602.32(d) provides that include institutions or programs of those standards, but would add a Department staff evaluation of an scheduled for review for accreditation requirement to make all materials relied agency may also include a review of in the succeeding year. If the agency upon in the evaluation available to the information directly related to does not anticipate a review of any agency for review and comment. institutions or programs accredited or institution or program for initial or Proposed § 602.32(g) would provide preaccredited by the agency relative to renewal of accreditation in the 24 that, if at any point in its evaluation of their compliance with the agency’s months prior to the date recognition an agency seeking initial recognition, standards, the effectiveness of the expires, it may submit a list of Department staff determines that the standards, and the agency’s application institutions or programs it has reviewed agency fails to demonstrate compliance of those standards. at any time since the prior award of with the basic eligibility requirements, Under § 602.32(e), if Department staff recognition or leading up to that award. the staff would require, rather than determine that an agency applying for Proposed § 602.32(b) would specify recommend, the agency to withdraw the initial recognition fails to demonstrate submissions an agency seeking initial application. compliance with basic eligibility recognition must make, in addition to Proposed § 602.32(h) would revise the requirements, the Department returns following the policies and procedures procedures for Department staff to the application with an explanation of specified in § 602.32(a). These complete its evaluation of the agency. In the deficiencies and recommends that submissions comprise letters of support contrast to current regulations, under the agency withdraw its application. from specified constituencies. proposed § 602.32(h)(2), the staff draft Under § 602.32(f), except for an Proposed § 602.32(c) updates the analysis would include any identified application returned to or withdrawn by current requirement in § 602.32(a) for areas of potential non-compliance, as the agency, when Department staff the Department to publish a notice of well as all third party complaints and complete their evaluation of the agency, the agency’s submission of an other materials the Department received the staff: application in the Federal Register, by the established deadline or included • Prepares a written draft analysis of inviting the public to comment. in its review; would not include a the agency; Under proposed § 602.32(d), in recommendation in its draft analysis; • Sends the draft analysis, a proposed addition to current practice where and would provide the agency with at recognition recommendation, and all Department staff would analyze the least 180 days, rather than 30 days, to supporting documents to the agency; agency’s application for initial or respond to the draft. Under proposed • Invites the agency to provide a renewal of recognition, to include § 602.32(h)(4)(i), the staff’s final written written response to the draft analysis, observations of site visits to institutions analysis would indicate whether the specifying a deadline that provides at or programs accredited or preaccredited agency is in full compliance, substantial least 30 days for the agency’s response; by the agency; observations of site visits compliance, or noncompliance with • Reviews the response to the draft to training, decision meetings or other each of the criteria for recognition. analysis and prepares the written final accreditation activities; public Under proposed § 602.32(h)(4)(ii), the analysis and recommendation; and comments and other third-party final written analysis would include a • Provides the agency the final staff information; and complaints or legal recommendation from the staff that the analysis and other information provided actions involving the agency, the senior Department official either to the Advisory Committee no later than Department staff review would also approve, renew with compliance seven days before the Advisory include a file review at the agency, reporting requirements due in 12 Committee meeting. during which Department staff would be months, renew with compliance Under § 602.32(g) the agency may able to retain copies of documents reporting requirements with a deadline request that the Advisory Committee needed for inclusion in the in excess of 12 months based on a defer acting on an application at the administrative record. finding of good cause and extraordinary scheduled Advisory Committee meeting Proposed § 602.32(d) specifies that circumstances, approve with monitoring if the Department has failed to provide reviews of complaints or legal actions or other reporting requirements, or the required materials within the may be considered but are not deny, limit, suspend, or terminate specified timeframes, unless the failure necessarily determinative of recognition. to provide the required information is compliance. Under proposed § 602.32(h)(5), due to the agency not responding to the Proposed § 602.32(e) would allow Department staff would provide the Department’s request for a response Department staff to view as a negative agency with its final written analysis at from the agency within the timeframes factor when considering an application least 30 days before the NACIQI established by the Department. for initial, or expansion of scope of meeting, rather than only seven. Proposed Regulations: We propose to recognition as proposed by an agency, Proposed § 602.32(j) would contain revise the title for § 602.32 to read: among other factors, any evidence that procedures for an agency requesting an ‘‘Procedures for recognition, renewal of the agency was part of a concerted effort expansion of scope. These procedures

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27436 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

cross-reference the requirements of institutions or programs and, if with licensing bodies or States to §§ 602.12(a) and 602.31(b), require a appropriate, employers and unnecessarily increase the qualifications statement of the reason for an expansion practitioners. The change effectively necessary for a student to sit for a of scope, require letters of support of at streamlines the current wide acceptance licensure or certification examination. least three institutions or programs requirement under § 602.13, but it We believe the qualifications a student seeking accreditation under the would only apply to accrediting needs for licensure or certification expansion, require the agency to explain agencies seeking initial recognition. examinations may increase as a result of how it will expand capacity to support Proposed § 602.32(c) is a clarifying demands of multiple stakeholders. This the expansion, and designate technical update noting that the would lead to more coursework §§ 602.32(c)–(h) as the procedures to be Department will publish a notice in the required by the student and possibly a used by the Department in considering Federal Register of submission of the higher cost of education and other the request. accrediting agency’s application. This opportunity costs. Proposed § 602.32(k), like proposed would not change current practice. We propose to amend § 602.32(f) to § 602.32(e), provides that the We propose to eliminate discussion of clarify that the Department must make Department may view as a negative a Department staff review of the all materials used in the Department factor in considering issues of scope any compliance report in § 602.32(d), staff’s review available to the evidence that the agency was part of a because we propose to add a new accrediting agency. We believe this will concerted effort to unnecessarily restrict § 602.32(m) addressing this topic. In increase transparency between an institution’s religious mission, the proposed § 602.32(m), we state that the accrediting agencies and the qualifications necessary for a student to Department staff will review public Department. sit for licensure or certification, or the comments solicited by the Department In § 602.32(g), we propose to enable ability for a student to otherwise be staff in the Federal Register regarding Department Staff to require an agency eligible for entry into a profession. the accrediting agency’s compliance that is seeking initial recognition to Proposed § 602.32(l) would add report. The Department does not withdraw its application upon a finding procedures for Department staff contemplate a change to current practice that the agency fails to demonstrate evaluation of a compliance report. regarding review of compliance reports. compliance with the basic eligibility Under proposed § 602.32(m), if an Proposed §§ 602.32(d)(1)(i), (ii), (iv), and requirements for recognition, rather agency is required to be reviewed by the (v) are clarifying technical updates and than merely permitting staff to Advisory Committee, the Department would codify current practice into recommend withdrawal. We propose would follow the process outlined in regulation. this change to serve administrative §§ 602.32(c)–(h). Proposed § 602.32(d)(1)(iii) requires efficiency and recognize that an agency Reasons: Please see preamble Department staff to conduct a file that cannot establish eligibility will not discussion in § 602.31 for rationale on review of documents at the agency. This succeed in obtaining recognition even if proposed § 602.32(a) requiring agencies new provision responds to it were permitted to go forward with the to submit applications for renewal of recommendations made by the Office of hearing process. recognition 24 months prior to the date the Inspector General in their June 27, Proposed changes to §§ 602.32(h)(1) on which the current recognition 2018, report, U.S. Department of and (2) are technical in nature. The expires. Education’s Recognition and Oversight proposal in § 602.32(h)(3) to increase During negotiated rulemaking session, of Accrediting Agencies. The report the time for an agency to respond to a the Department proposed to delete the includes a recommendation to review draft staff analysis from 30 days to 180 requirements in current § 602.13. more agency decisions and member days reflects the Department’s Currently, we require an agency to be institution or program files, and for the determination that the accrediting widely accepted by educators and Department to select a representative agency should have more time to educational institutions, among others. sample of institutions or programs and develop and submit a response to the The Department is concerned that it has decisions it wishes to review as part of draft analysis. Recognition applications been unable to develop metrics that the recognition process, rather than are complex, and the Department ensure equitable review of agencies relying only on the examples the agency believes increasing the time for response regarding wide acceptance. In some provides in its application. We believe will make the process fairer and more instances, agencies provide just a few this will increase collaboration and efficient in the long run. The letters of support and are deemed to transparency between the Department Department proposes under meet the requirement, and in other and accrediting agencies, as well as § 602.32(h)(5) to provide its final staff instances, agencies provide multiple integrate a risk-based review into the analyses to agencies at least 30 days letters substantiating wide acceptance, process. before the NACIQI meeting, rather than and they have been deemed insufficient. We propose to eliminate current only seven, for much the same reasons. The Department also fears that the § 602.32(c) because we outline the Proposed § 602.32(h)(4) reflects the widely accepted standard could block requirements for an agency seeking an Department’s desire to include a competition or prevent innovative expansion of scope in proposed determination of substantial compliance practices since the standard favors the § 602.32(j). as a permissible outcome in recognition status quo. However, the committee Section § 602.32(d)(2) reflects the proceedings. The Department believes wanted to add a guardrail for the initial view of the Department and expressed that with the introduction of this recognition of an agency to ensure that by several committee members that legal concept, here and elsewhere in the new agencies are responding to a actions against an accredited or recognition procedures, the Department legitimate need and proposed to preaccredited institution or program will be able to acknowledge and convey incorporate the themes of current should not necessarily determine the reliability of an agency that has § 602.13 into the proposal of an initial compliance. achieved compliance in all but a application for recognition. Proposed We propose adding §§ 602.32(e) and technical sense, increase the efficiency § 602.32(b) requires an agency seeking (l) because we want to ensure that the of the recognition process, and conserve initial recognition to submit letters of Department’s existing regulations do not resources by leaving such technicalities support from educators, accredited encourage accrediting agencies to work to the staff to follow through on via

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27437

monitoring reports, understanding that This independent evaluation must with or application of the criteria for § 602.33, discussed below, will allow include the solicitation of third-party recognition, Department staff provides a the staff unfettered ability to re-escalate information concerning the performance written draft analysis to the agency and an issue should it prove more serious of the agency and site visits, including invites the agency to provide a written than initially determined. unannounced site visits as appropriate, response by a specified deadline that Proposed § 602.32(h)(4)(ii) attempts to at accrediting agencies, and, at the provides at least 30 days for the align the recommendations available to Secretary’s discretion, at representative agency’s response. Department staff with the corresponding member institutions. The Secretary Under § 602.33(d), if Department staff options available to the senior must place a priority for review of concludes that the agency has Department official under proposed agencies on those that accredit demonstrated compliance with the § 602.36(e), including allowing an institutions of higher education that criteria for recognition, staff notifies the agency more than 12 months to submit participate most extensively in agency, and if applicable the Advisory a compliance report based on a finding programs authorized under title IV of Committee, of the results of the review. of good cause and extraordinary the HEA, as amended, or on those Under § 602.33(e), if Department staff circumstances. The Department believes agencies that have been the subject of determine that the agency has not this change reflects the fact that some the most complaints or legal actions. demonstrated compliance, staff notifies areas of non-compliance require more The Secretary must also consider all the agency, publishes a notice in the than 12 months to address, and that, in available relevant information Federal Register, provides the agency light of the good cause mechanism, the concerning the compliance of the with a copy of all public comments Department should not bind itself to accrediting agency, including any received and, if applicable, invites a reflexively de-recognizing otherwise complaints or legal actions against the written response from the agency dependable agencies. We note that agency. In cases where the Secretary regarding the comment, finalizes the while § 602.32(d)(4)(ii) characterizes notes deficiencies in the performance of staff analysis, and provides the analysis outcomes involving compliance reports an accreditation agency with respect to to the agency and the Advisory as a ‘‘renewal’’ of recognition, these the requirements established, the Committee no later than seven days outcomes are termed a ‘‘continuation’’ Secretary will consider those before the Advisory Committee meeting. under § 602.36(e). The Department deficiencies during the recognition Under § 602.33(f), the Advisory believes ‘‘continuation’’ is more process. Additionally, the Secretary Committee reviews the matter. accurate and contemplates revising must determine the agency’s scope of Proposed Regulations: We propose to § 602.32(d)(4)(ii) in this respect in the recognition when deciding to recognize rename § 602.33 to include procedures final rule. the agency. When the Secretary decides for the review of monitoring reports. Proposed § 602.32(j), describing the to recognize an accrediting agency, the Section 602.33(a)(1) proposes to expand process for an agency seeking an Secretary will determine the agency’s the circumstances under which the expansion of scope, either as a part of scope of recognition. HEA section Department may review an agency for the regular renewal of recognition 496(o) authorizes the Secretary to compliance. Section 602.33(c)(1) process or during a period of develop regulations that provide proposes to change the timeframe for a recognition, largely reflects current procedures for the recognition of written response from 30 days to 90 practice. As noted in the discussion of accrediting agencies and for days. § 602.32(b), the new provisions in administrative appeals. HEA section Reasons: The Department wishes to 602.32(j), requiring an agency to explain 496(l) describes the process for an introduce the use of a monitoring report the reasons for the expansion of scope accrediting agency that has failed to that will allow the Department to review request, submit three letters from effectively apply the criteria established actions taken by an agency that is institutions or programs seeking by the Secretary. HEA section 496(d) otherwise in substantial compliance accreditation under one or more of the stipulates that the period of recognition with the criteria for recognition to elements of the expansion of scope, and not exceed five years. HEA section resolve areas of minor noncompliance. submit an explanation of how the 496(a) instructs the Secretary to By allowing a monitoring report as a agency must expand capacity in order to establish criteria to determine if an method to consider areas of compliance, support the expansion of scope, are agency may be determined to be a the Department can ensure resolution of intended as guardrails to ensure that reliable authority as to the quality of minor problems without requiring a full agencies are responding to a legitimate education or training offered by an compliance review, which burdens both need and have the ability to do so. We institution of higher education. This staff and agencies. The Department intend for proposed § 602.32(m) and (n) section also allows the Secretary, after believes that adding monitoring reports to reflect that we will review notice and opportunity for a hearing, to as an enforcement tool will increase the compliance reports and agencies subject establish criteria for such likelihood of identifying and correcting to review under § 602.19(e) in determinations. HEA section 114 minor problems before they become accordance with current practice and governs the operations of the NACIQI. larger problems. Since proposed procedure. Current Regulations: Under § 602.33(c)(4)(ii), like current § 602.33(a), Department staff may regulations, will permit staff to pursue Procedures for Review of Agencies review the compliance of a recognized any issue pertinent to recognition before During the Period of Recognition agency against the criteria for NACIQI, the senior Department official, (§ 602.33) recognition at any time at the request of and, as applicable, to the Secretary at Statute: HEA section 496(n) instructs the Advisory Committee or based on any point throughout the recognition the Secretary to conduct a credible information that raises issues period, staff will be able to escalate comprehensive review and evaluation of relevant to recognition. The review may issues arising as a result of a monitoring the performance of all accrediting include activities described under report if and when needed. agencies that seek recognition by the §§ 602.32(b) and (d). Secretary in order to determine whether Under § 602.33(c), if Department staff Advisory Committee Meetings (§ 602.34) such accrediting agencies meet the notes that that one or more deficiencies Statute: HEA section 114 governs the criteria established by the Secretary. may exist in the agency’s compliance operations of NACIQI and tasks the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27438 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

group with advising the Department Responding to the Advisory Committee’s limitation regarding submission of regarding the recognition of specific Recommendations (§ 602.35) additional documentation after the accrediting agencies. HEA section Statute: HEA section 496(o) stated timeline. 114(d) establishes the meeting authorizes the Secretary to develop Senior Department Official’s Decision procedures for NACIQI, including that regulations that provide procedures for (§ 602.36) the committee will meet at least twice the recognition of accrediting agencies a year and publish the dates and and for administrative appeals. Statute: HEA section 496(n) instructs locations of meetings in the Federal Current Regulations: Section the Secretary to conduct a Register. Additionally, this section 602.35(a) provides that the agency and comprehensive review and evaluation of requires that we submit an agenda to the Department staff may submit written the performance of all accrediting committee upon notification of the comments to the senior Department agencies seeking the Secretary’s meeting and provides for the official on the Advisory Committee’s recognition to determine whether such opportunity for public comment. recommendation within 10 days agencies meet the Secretary’s criteria. Section 114(d)(3) requires the Secretary following the Advisory Committee This independent evaluation must to designate an employee of the meeting. The agency and Department solicit third-party information Department to serve as the Secretary’s staff must also simultaneously provide a concerning the agency’s performance. designee to the committee. copy of any written comments to each The evaluation must also include other. announced and unannounced site visits, Current Regulations: Under as appropriate, at agencies and, at the § 602.34(c), before a scheduled Advisory Section 602.35(b) limits the comments submitted to the senior Department Secretary’s discretion, at representative Committee meeting, Department staff member institutions. The Secretary provide the Advisory Committee with official to: • Any Advisory Committee must prioritize the review of agencies materials on each agency’s recognition that accredit institutions of higher matter, including, at the request of the recommendation that the agency or Department staff believe the record does education that participate most agency, the agency’s response to the not support; extensively in programs authorized staff’s draft analysis. Under § 602.34(d), • Any incomplete Advisory under title IV of the HEA, or on those the Department provides notice of the Committee recommendation based on agencies that have been the subject of upcoming meeting in the Federal the agency’s application; and the most complaints or legal actions. Register at least 30 days before the • Any recommendation or draft The Secretary must also consider all Advisory Committee meeting. Section proposed decision for the senior available relevant information 602.34(e) provides that NACIQI Department official’s consideration. concerning the compliance of the considers the materials provided by staff Section 602.35(c) describes accrediting agency, including any at a public meeting inviting testimony procedures for the Department and the complaints or legal actions against the from Department staff, the agency, and accrediting agency to provide new agency. In cases where we note interested parties. Section 602.34(g) evidence and comments. deficiencies in the performance of an outlines the recommendations NACIQI Department staff and the agency may accreditation agency with respect to the may make. only submit additional evidence if the Department requirements, the Secretary Proposed Regulations: Proposed Advisory Committee proposes finding will consider those deficiencies during § 602.34(c)(3) would include in the the agency noncompliant with, or the recognition process. materials provided to the Advisory ineffective in its application of, a Additionally, the Secretary must Committee prior to meetings, the criterion or criteria for recognition not determine the agency’s scope of agency’s response to the Department identified in the final Department staff recognition when deciding to recognize staff’s draft written analysis, without the analysis provided to the Advisory the agency. The Secretary will need for the agency to request this Committee. The agency and the determine the agency’s scope of documentation. Proposed 602.34(g), Department must also provide a copy of recognition when it recognizes an which enumerates the types of any response to each other when it accrediting agency. recommendations NACIQI makes to the submits them to the senior Department Current Regulations: Under Department, would reflect the official. Department staff and/or the § 602.36(a)(5), the senior Department Department’s proposed new provisions agency may submit a response to the official makes a decision regarding for monitoring reports, findings and senior Department official within 10 recognition of an agency based on the record compiled under §§ 602.32, determinations of substantial days of receipt of such comments or 602.33, 602.34, and 602.35 including, if compliance, and continuation of new evidence. applicable, new evidence submitted in recognition for longer than 12 months Proposed Regulations: We propose to accordance with § 602.35(c)(1). for good cause in extraordinary clarify that, when a 10-day timeline is Under § 602.36(b), if the statutory circumstances, and would conform with established in § 602.35, we mean 10 business days. We further propose authority or appropriations for the proposed to § 602.36(e), regarding the changing what we previously referred to Advisory Committee ends, or there are Senior Department official’s decision. as ‘‘documentary evidence’’ in fewer duly appointed committee Reasons: The automatic forwarding to (§ 602.36(c)(1)) to ‘‘documentation.’’ members to constitute a quorum, and NACIQI of agency responses to draft Finally, we propose to add that, after the under extraordinary circumstances staff analyses proposed in 602.34(c)(3) responses permitted in this section are when there are serious concerns about would codify current practice. The submitted, neither Department staff nor an agency’s compliance, the senior revisions to subsection (g) reflect the the accrediting agency may submit Department official may make a proposed considerations discussed additional comments or documentation. decision in a recognition proceeding above with respect to proposed Reasons: We propose to revise this based on the record compiled under § 602.32(h)(4) and therefor expands the section for clarity and, in order to §§ 602.32 and 602.33 after providing the range of recommendations for the streamline the review of the Advisory agency an opportunity to respond to the Advisory Committee. Committee’s recommendation, to add a final staff analysis.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27439

In § 602.36(e), (f) and (g), the warranted, or where the agency does not for agencies to apply for a period of regulations discuss the senior hold institutions or programs recognition of a specific length. Department official’s procedural options accountable for complying with one or The proposed regulations would and the recognition decisions the senior more of the agency’s standards in remove the phrase ‘‘or to apply those Department official may make. instances not identified earlier in the criteria effectively’’ from the provision Section 602.36(h) precludes agencies proceedings as noncompliance, the in § 602.36(e)(2)(i) for decisions to deny, from continuing to supplement the senior Department official provides the limit, suspend or terminate recognition administrative record while a agency with an opportunity to submit a because that subparagraph by its terms recognition matter is pending before the written response and documentation already applies to an agency that ‘‘fails senior Department official. Section addressing the finding, and the staff to comply’’ with the criteria for 602.36(i) provides for recognition to with an opportunity to present its recognition, and because the continue if the period of recognition analysis in writing. Department believes failure to comply previously granted expires before the Reasons: Throughout part 602 we sets a workable and sufficient standard. Senior Department Official has made propose to change the word ‘‘evidence’’ The Department views the deleted the recognition determination. to ‘‘documents’’ or ‘‘documentation.’’ phrase as too vague that may invite Section 602.36(j) establishes that the We made that conforming change to inconsistency or conflict with the senior Department official’s decision is 602.36(a)(5), as the term ‘‘evidence’’ is proposed standard of ‘‘substantial final unless an administrative appeal is more often used in legal proceedings. compliance.’’ taken to the Secretary. The committee proposed to limit the We propose to add § 602.36(f) to Proposed Regulations: We propose to senior Department official’s decision- emphasize the senior Department replace the word ‘‘evidence’’ with the making authority under § 602.36(b), official’s authority to determine word ‘‘documentation’’ in § 602.36(a)(5). concerning recognition without input compliance or substantial compliance In § 602.36(a)(5), we propose to replace from NACIQI, to an application for because we should afford accrediting the words ‘‘in a recognition proceeding’’ agencies the opportunity to make minor renewal of recognition or a compliance with the words ‘‘application for renewal modifications to reflect progress toward report. While it is necessary to have this of recognition or compliance report.’’ full compliance through monitoring procedure available for decision-making We propose revising § 602.36(e) to reports. include, among the types of decisions on renewals and compliance reports in Proposed § 602.36(g) would provide the senior Department official may the event NACIQI’s statutory authority agencies whom the senior Department make, approving for recognition and or appropriation ends, or if NACIQI official may deny, limit, suspend, or approving with a monitoring report. lacks a quorum of appointed members, terminate an additional opportunity to Under proposed § 602.36(e), the the committee saw no need for a senior submit a written response and senior Department official approves Department official to conduct documentation. recognition if the agency has proceedings on initial applications for demonstrated ‘‘substantial compliance’’ recognition without input from NACIQI. Appealing the Senior Department with the criteria for recognition of an For the reasons discussed with Official’s Decision to the Secretary accrediting agency. The proposed respect to the provisions in § 602.32 (§ 602.37) regulations in this section would regarding Department staff analyses and Statute: HEA section 496(o) stipulate that the senior Department in § 602.34 regarding NACIQI authorizes the Secretary to develop official may determine that the agency recommendations on recognition, regulations that provide procedures for has demonstrated compliance or proposed § 602.32(e) and (f) include the recognition of accrediting agencies substantial compliance if the agency has revisions to incorporate the concepts of and administrative appeals. HEA a compliant policy or procedure in substantial compliance, monitoring section 496(l) specifies the process for place but has not had the opportunity to reports, and recognition continued an accrediting agency that has failed to apply the policy or procedure. This beyond 12 months in extraordinary effectively apply the criteria established section would also provide for the circumstances for good cause shown. by the Secretary. senior Department official to continue The intent is to make these options HEA section 496(n) instructs the recognition for up to 12 months to available at all levels of the recognition Secretary to conduct a comprehensive enable the agency to submit a process. review and evaluation of the compliance report, or, upon a finding of With respect to the additional change performance of all accrediting agencies exceptional circumstances and good to proposed Section 602.36(e)(1)(i) that seek recognition by the Secretary in cause, for a period of time longer than allowing the Department official to order to determine whether such 12 months if necessary, to establish full determine that the agency has accrediting agencies meet the criteria compliance. demonstrated compliance or substantial established by the Secretary. This Under proposed § 602.36(f), if the compliance when an agency has the evaluation must include the solicitation senior Department official determines necessary policies and procedures, but of third-party information and site visits that the agency is substantially has not had the opportunity to apply at accrediting agencies and associations, compliant or is fully compliant but has them, we propose the additional and, at the Secretary’s discretion, at concerns about the agency maintaining flexibility because accrediting agencies representative member institutions. The compliance, the senior Department should not be penalized when Secretary must prioritize the review of official may approve the agency’s implementing new policies and agencies on those that accredit recognition or renewal of recognition procedures. institutions of higher education that and require periodic monitoring reports The Department proposes to clarify in participate most extensively in that Department staff review and § 602.36(e)(1)(iii) that this provision programs authorized under title IV of approve. refers to the senior Department official’s the HEA, or on those agencies which Under proposed § 602.36(g), where decision regarding changes to scope of have been the subject of the most the senior Department official recognition, and not the length of the complaints or legal actions. The determines that a decision to deny, limit period of recognition, as the Secretary must also consider all or suspend recognition may be Department’s procedures do not provide available relevant information

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27440 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

concerning the compliance of the determining eligibility for all Federal or termination of an institution’s accrediting agency, including any student assistance programs. participation in any title IV program. complaints or legal actions against the Current Regulations: Section 603.24 Section 487(c)(1)(G) provides for the agency. In cases where we note includes criteria for State agencies that Secretary to establish regulations to deficiencies in the performance of an serve as accrediting agencies. The provide for an emergency action against accreditation agency, the Secretary must Secretary uses these criteria in an institution under which funds are take those deficiencies into account in designating a State agency as a reliable withheld from the institution or its the recognition process. Additionally, authority to assess the quality of public students and the institution’s authority the Secretary must determine the postsecondary vocational education in to obligate funds under any title IV, agency’s scope of recognition when its State. HEA program is withdrawn. The deciding to recognize the agency. When Proposed Regulations: We propose to Secretary may do this if the Secretary (1) the Secretary decides to recognize an delete the provisions for review of receives reliable information that the accrediting agency, the Secretary will policies related to credit hours and institution is violating any title IV determine the agency’s scope of application of those policies from provision, any regulation prescribed recognition. § 603.24(c) and redesignate existing under title IV, or any applicable special HEA section 496(l) specifies the § 603.24(d) as § 603.24(c). arrangement, agreement, or limitation; process for an accrediting agency that Reasons: The language in current (2) determines that immediate action is has failed to effectively apply the § 603.24(c) mirrors language in § 602.24 necessary to prevent misuse of Federal Secretary’s established criteria. that the Department also proposes to funds; and (3) determines that the Current Regulations: Under delete. The Department believes that the likelihood of loss outweighs the § 602.37(a)(1), if an agency wishes to current requirements in § 603.24(c) are importance of the procedures prescribed appeal a decision of the senior overly prescriptive and that the State for limitation, suspension, or Department official to the Secretary, the agency serving as an accrediting agency termination. HEA section 495(a)(3) requires that agency must notify the Secretary and should have autonomy and flexibility to each State will notify the Secretary the senior Department official no later work with institutions in developing promptly whenever the State has than 10 days after receipt of the and applying credit-hour policies. decision. credible evidence that an institution of Proposed Regulations: We propose to Robert C. Byrd Honors Scholarship higher education within the State has clarify that where we express a 10-day Program committed fraud in the administration timeline in § 602.37(a)(1), we mean 10 of the student assistance programs Part 654, Subparts A–G (§§ 654.1– authorized by title IV or has business days. We further propose to 654.60) refer to records that we previously substantially violated a provision of title referred to as ‘‘evidence’’ in §§ 602.36(d) Statute: Part A, subpart 6 of the HEA IV. and 602.36(g)(1)(ii) as ‘‘documentation.’’ establishes the terms and conditions of Current Regulations: Section Finally, we propose to add in the Robert C. Byrd Honors Scholarship 668.26(d) identifies the conditions under which an institution that has § 602.37(c) that after the agency’s appeal Program. ended its participation in the title IV, and the senior Department official’s Current Regulations: Sections 654.1 HEA programs may use funds that it has response, neither party may submit through 654.60 provide general received under programs that include additional information. information about the Robert C. Byrd the Federal Pell Grant, TEACH Grant, Reasons: We propose to add Honors Scholarship Program, the campus-based, and Direct Loan § 602.37(c) to strengthen the point made process for States and students to apply programs. This Section also outlines the in current regulations that once an to participate in the program, the process for such an institution to accrediting agency appeals and the process for providing program funds to request additional funds from the senior Department official responds to State and students, and post-award Department if the institution does not the appeal, neither party may submit requirements applicable to States that have enough funds to satisfy an unpaid additional written comments. The received program funds. commitment made to a student under Department proposes to add this new Proposed Regulations: We propose to remove and reserve part 654. that Title IV, HEA program. language to ensure timely resolution of Proposed Regulations: We propose Reasons: Congress has not funded this appeals based on initial filings and adding a new § 668.26(e) under which program since passing the Continuing determinations by the Department. the Secretary may, in certain Appropriations Act of 2011, which We propose to change ‘‘evidence’’ to circumstances, with agreement from an provided funding for fiscal year 2012. ‘‘documentation’’ throughout § 602.37 institution’s accrediting agency and There is no indication that Congress because the term ‘‘evidence’’ is more State, permit the institution to continue will restore funding to this program in common in legal proceedings. Changes to originate, award, or disburse funds the future. regarding timelines are for clarity and to under a title IV, HEA program for no align with other similar timelines in Standards for Participation in the Title more than 120 days following the end these regulations. IV, HEA Programs of the institution’s participation in the title IV, HEA programs. The institution Secretary’s Recognition Procedures for End of an Institution’s Participation would be required to notify the State Agencies (§ 668.26) Secretary of its plans to conduct an Criteria for State Agencies (§ 603.24) Statute: HEA section 487 requires that orderly closure and teach-out in Statute: HEA section 487(c)(4) an eligible institution must enter into a accordance with accrediting agency requires the Secretary to publish a list program participation agreement with requirements; the requirements of the of State agencies that the Secretary the Secretary to be eligible to participate program participation agreement would determines to be a reliable authority in title IV, HEA programs. continue to apply; and we would limit regarding the quality of public Section 487(c)(1)(F) provides for the the disbursements to previously postsecondary vocational education in Secretary to promulgate regulations to enrolled students who could complete their respective States for the purpose of provide for the limitation, suspension, the program within the 120 days. In

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27441

addition, the institution would need to HEA section 485(a)(2) defines the Institutional Information (§ 668.43) present the Secretary with acceptable term ‘‘prospective student’’ as any Statute: HEA section 485(a)(1) written assurances that the health and individual who has contacted an requires that each eligible institution safety of students are not at risk; that the eligible institution requesting participating in a title IV, HEA program institution has adequate financial information concerning admission to disseminate information to prospective resources; and that the institution is not that institution. and enrolled students regarding the subject to probation or the equivalent or Current Regulations: Section institution. The institution must adverse action by its accrediting agency 668.41(d) requires that institutions make produce this information and make it or state authorizing body. available specified information readily available upon request, through Reasons: The Department wishes to concerning the institution, financial appropriate publications, mailings, and ensure that an institution that has assistance available to students enrolled electronic media. Among other things, voluntarily withdrawn from the title IV, at the institution, the institution’s the institution is required to accurately HEA programs or lost its eligibility to retention rate, and completion rate or describe student financial assistance participate may, when the Department graduation rate. Additionally, the programs available to students, the determines it is appropriate, teach-out institution must disclose the placement methods by which that aid is distributed its own students and continue to receive of, and types of employment obtained to students, any application materials title IV funds for a limited time to allow by, graduates of the institution’s degree for financial aid, the cost of attending students to complete their academic or certificate programs, and the types of the institution, any refund policies with program. This would allow students graduate and professional education in which the institution is required to who are near completion of their which graduates of the institution’s comply, information on the academic academic program to finish their four-year degree programs enroll. programs of the institution, the names of program at their chosen institution Proposed Regulations: The agencies which accredit, approve, or rather than requiring them to relocate to license the institution and its programs, another institution. This provision Department proposes to revise § 668.41(d)(5)(i)(A) and (iii) to eliminate and other information. Institutions must aligns with other changes to teach-out in also disclose special facilities and order to protect students and taxpayers the requirement for an institution to disclose any placement rate that it services available to students with for reasons outlined in sections related disabilities, that enrollment in a to teach-out in Part 602. calculates and replace it with a requirement that an institution disclose program of study abroad approved for Disclosures any placement rate that it publishes or credit by the home institution may be considered enrollment in the home Reporting and Disclosure of Information uses in advertising. The Department institution for the purposes of applying (§ 668.41) also proposes to remove the requirement that an institution identify the source of for Federal student aid, and institutional Statute: HEA section 485(a)(1) the information provided in compliance policies and sanctions related to requires that each eligible institution with paragraph 668.41(d)(5), as well as copyright infringement. participating in a title IV, HEA program any timeframes and methodology Current Regulations: Section disseminate information to prospective associated with it. 668.43(a) requires an institution to make and enrolled students regarding the institutional information readily Reasons: The Department believes institution. The institution must be available to enrolled and prospective that the existing requirement that an produced this information and make it students that includes: readily available upon request, through institution disclose any placement rate • The cost of attendance; appropriate publications, mailings, and that it calculates, even those rates that • Any refund policy for the return of electronic media. The institution is it calculates for internal purposes, is unearned tuition and fees or other required to accurately describe student overly burdensome, unhelpful to refundable portions of costs paid to the financial assistance programs available students, and limits an institution’s institution; to students, the methods by which that ability to evaluate its own programs if • The requirements and procedures aid is distributed to students, any the methods used for internal analysis for officially withdrawing; application materials for financial aid, do not meet the standard of rigor • A summary of the requirements for the cost of attending the institution, any required for published placement rates. the return of title IV grant or loan refund policies with which the An institution should be permitted to assistance; institution is required to comply, use any methodology it chooses to • The academic program of the information on the academic programs evaluate the placement success of its institution; of the institution, the names of agencies graduates and act upon that information • The names of associations, agencies which accredit, approve, or license the internally, but there are many occasions or governmental bodies that accredit, institution and its programs, and other when its methods for performing such approve, or license the institution and information. These provisions also calculations may not be complete or its programs and the procedures by require an institution to disclose accurate enough to inform a student which documents describing the information about the institution’s decision. activity may be reviewed; accreditation and State authorization. Requirements to disclose to the public • A description of the services and They also require the disclosure of the any calculated placement rate therefore facilities available to students with placement in employment of, and types incentivize an institution to avoid disabilities; of employment obtained, by graduates calculating any placement rates • The titles of persons designated to of the institution’s degree or certificate whatsoever. On the other hand, if an be available to assist enrolled or programs, gathered from such sources as institution advertises a placement rate prospective students in obtaining alumni surveys, student satisfaction as a means of attracting students, it must information relating to financial aid, surveys, the National Survey of Student clearly disclose that rate and be institutional information, completion or Engagement, the Community College prepared to support it, since advertised graduation rates, institutional security Survey of Student Engagement, State rates are what students rely on when policies, and crime statistics,, and how data systems, or other relevant sources. making decisions about where to attend. those persons may be contacted;

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27442 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

• A statement that a student’s • The types of graduate and its transfer-of-credit policy, especially enrollment in a program of study abroad professional education in which when that policy excludes credits from approved for credit by the home graduates of the institution’s four-year certain types of institutions. The institution may be considered enrolled degree programs enrolled; Department also believes that at the home institution for title IV • The fire safety report prepared by disclosures relating to an institution’s purposes; the institution pursuant to § 668.49; prior learning assessment policies are • • Institutional policies and sanctions The retention rate of certificate- or important to students, especially those related to copyright infringement; degree-seeking, first-time, full-time, who have not attended college before or • undergraduate students; and who are returning to college after many Transfer of credit policies; and • • Written arrangements with other Institutional policies regarding years of experience or training in other institutions or organizations that are vaccinations. fields. While the Department is The Department proposes to add providing a portion of the educational prohibited from regulating on the paragraph (a)(19) to require an program offered by the institution. content of institutions’ credit transfer institution to notify students if its Proposed Regulations: The policies, we believe transparency about accrediting agency requires it to Department proposes to add a new such policies that are anticompetitive, maintain a teach-out plan under subparagraph (v) to the requirements discriminatory, or not based on a § 602.24(c)(1), and to indicate the reason under § 668.43(a)(5) relating to determination of academic quality is why the accrediting agency required especially important for the benefit of academic programs. The proposed such a plan. The Department also students and the public. regulations would require an institution proposes to add paragraph (a)(20), to disclose whether the program would which would require an institution to The Department proposes to add fulfill educational requirements for notify students if it is aware that it is paragraphs (a)(13) through (19) to licensure or certification if the program under investigation, action or ensure that the regulations incorporate is designed to or advertised as meeting prosecution by a law enforcement all of the relevant statutory such requirements. Institutions would agency for an issue related to academic requirements for disclosures, and to be required to disclose, for each State, quality, misrepresentation, fraud, or limit the occasions when an institution whether the program did or did not other severe matters. is required to disclose a placement rate meet such requirements, or whether the Finally, the Department proposes to to cases where the institution has been institution had not made such a add a new paragraph (c) that would required to calculate such a rate by its determination. require an institution to make direct State or accrediting agency. The Department proposes to revise disclosures to individual students in As part of an agreement with the § 668.43(a)(11) regarding an institution’s certain circumstances. We would committee, the Department also agreed transfer of credit policies to require that require an institution to disclose to a to move some provisions from § 668.50, the institution disclose any types of prospective student before enrollment which had only applied to programs institutions from which the institution that the program in which the offered through distance education or will not accept transfer credits. We prospective student intended to enroll correspondence courses. These would also require institutions to did not meet the educational requirements include proposed disclose any written criteria used to requirements for licensure in the State §§ 668.43(a)(19) and (20), which, evaluate and award credit for prior in which the student was located, or if respectively, relate to requirements to learning experience including through the institution had not determined maintain a teach-out plan or agreement service in the armed forces, whether the program met the licensure imposed by an accrediting agency and employment, or other demonstrated requirements in that State. We would investigations by a State regarding competency or learning. also require an institution to make a academic quality, misrepresentation, The Department proposes to revise similar disclosure if the program in fraud, or other severe matters. We § 668.43(a)(12) to provide that which a student was enrolled ceased to intended these requirements to replace disclosures regarding written meet the educational requirements for requirements under §§ 668.50(b)(4) and arrangements under which an entity licensure in which the student was (5), which relate to disclosures of any other than the institution itself provides enrolled. We would require the ‘‘adverse actions’’ taken against an all or part of a program will be included institution to make the latter disclosure institution by an accrediting agency or in the institution’s description of that within 14 days of making such a State, respectively. The existing program. determination. The institution would be requirements relating to adverse actions The Department proposes to add responsible for establishing and in § 668.50(b) are either unnecessary, in paragraphs § 668.43(a)(13) through (18), consistently applying policies for the case of adverse actions taken by which would add disclosure determining the State in which each of accrediting agencies, since those actions requirements that exist in statute but its students is located. It would have to generally strip an institution of its that are not currently reflected in the make such a determination at the time eligibility for title IV, HEA funds and regulations, including: of initial enrollment, and upon receipt disclosures of that fact would come too • The percentage of the institution’s of information from the student, in late for students to act upon, or are enrolled students who are Pell Grant accordance with institutional policies, unclear, as in the case of adverse actions recipients, disaggregated by race, that his or her location had changed to taken by a State, a term which was left ethnicity, and gender; another State. The proposed regulations undefined in § 668.50(b)(5). The • If the institution’s accrediting require institutions to provide the Department intends that these new agency or State requires the institution Secretary, on request, with written provisions would ensure that students to calculate and report a placement rate, documentation of its determination have clear information about serious the institution’s placement in regarding a student’s location. problems at their institutions and employment of, and types of Reasons: The Department proposes to believes that this is most likely to occur employment obtained by, graduates of amend § 668.43(a)(11) to ensure that an when those institutions must have a the institution’s degree or certificate institution provides adequate teach-out plan in place or are under programs; information for students to understand investigation by a State or other agency.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27443

In consensus with the non-Federal and enrolled students regarding the institution of whether the program does negotiators, the Department agreed to institution. An institution must produce or does not meet those licensure or incorporate requirements for general this information and make it readily certification requirements or if the disclosures about an institution’s available upon request, through institution has not made such a awareness of whether its program meets appropriate publications, mailings, and determination. educational requirements for licensure electronic media. The institution is If an institution’s distance or in each State under § 668.43(a)(5), and required to accurately describe, among correspondence program does not meet requirements under proposed other things, student financial licensure and certification requirements § 668.43(c) for direct disclosures to assistance programs available to in a State in which a prospective students when the institution is aware students, the methods by which that aid that a program in which a student was is distributed to students, any student resides, Paragraph (c) of enrolled, or was planning to enroll, did application materials for financial aid, § 668.50(c) requires the institution to not meet educational requirements for the cost of attending the institution, and directly disclose that fact to the student licensure in the State where the student any refund policies with which the prior to enrollment, and to obtain is located. The Department would also institution is required to comply; written acknowledgement from the require institutions to inform a information on the academic programs student. prospective student when the of the institution; and the names of If an institution’s distance or institution had not yet determined agencies that accredit, approve, or correspondence program does not meet whether the program met educational license the institution and its programs, licensure and certification requirements requirements for licensure in the as well as copies of the documents in a State in which a prospective student’s State. The Department describing the institution’s student resides, § 668.50(c) requires the believes that it is vitally important that accreditation, approval or licensing. institution to directly disclose that fact students have as much information as Current Regulations: Section to the student prior to enrollment, and the institution at which they are 668.50(a) requires an institution to to obtain written acknowledgement enrolling regarding whether their provide additional disclosures if the from the student. Paragraph (c) also educational program will meet State institution offers an educational requires individual disclosures to each licensure requirements. We intend for program that is provided, or can be enrolled and prospective student of any these requirements to encourage completed solely, through distance adverse action initiated by a State or an institutions to conduct research education or correspondence courses, accrediting agency related to the regarding whether its programs would except internships and practicums. institution’s distance or correspondence fulfill requirements for State licensure Under § 668.50(b), the institution must programs and any determination by the in the fields for which the programs provide enrolled and prospective institution that the program ceases to prepare students. We believe these students: meet a State’s licensure or certification regulations impose minimal burden on • Information regarding State prerequisites. institutions that lack the resources to authorization of the institution; evaluate the requirements for licensure • An explanation of the consequences Proposed Regulations: We propose to in every State. While some negotiators for a student who changes his or her remove and reserve this section. and subcommittee members suggested State of residence to a State where the Reasons: We moved a number of the that an institution should be able to find institution or program does not meet disclosures required in § 668.50 to relevant information for each State, the State, licensure or certification § 668.43 to consolidate the number of Department and other negotiators noted requirements; • sections in the regulations containing the practical difficulties of such Information on the process for similar requirements. In addition, determinations. Among them, States submitting complaints, including several disclosures contained in often do not publish requirements contact information for the receipt of § 668.50 duplicate of requirements online at all or, if they do, they do not consumer complaints by the appropriate already contained in § 668.43. We did provide regular updates. In addition, State authorities or a description of the not include additional requirements in process for submitting complaints that many State licensing boards operate those cases. Section 668.43(a)(6) independently of one another while was established through a reciprocity requires the disclosure of the names of some municipalities add their own agreement; associations, agencies, or governmental requirements, and so disclosure even • A description of the process for bodies that accredit, approve, or license within States can vary. submitting consumer complaints in Finally, the Department proposes each State in which the program’s the institution and its programs, which requirements under § 668.43(c)(3) that enrolled students reside; duplicates the requirements in would establish a process by which the • Information on any adverse action a § 668.50(b)(1). Additionally, the institution would determine the State in State entity or an accrediting agency has requirement to disclose refund policies which each of its students is located. initiated during the past five years in § 668.50(b)(6) is duplicative of the We intended this process to mirror the related to postsecondary programs requirement § 668.42(a)(2). The State authorization requirements under offered solely through distance disclosure of any adverse action a State § 600.9(c), we intend that it be equitable, education or correspondence courses at entity or accrediting agency has consistent, and not unreasonably the institution; initiated as required in § 668.50(b)(4), burdensome for institutions to • Refund policies that the institution (5) and (c)(1)(ii) has been moved to implement. is required to comply by any State in proposed § 668.43(a)(20). Additionally, which enrolled students reside; and we moved disclosure requirements Institutional Disclosures for Distance or • Information on applicable related to professional licensure or Correspondence Programs (§ 668.50) educational prerequisites for certification in § 668.50(b)(7) and (c)(1) Statute: HEA section 485(a)(1) professional licensure or certification to proposed § 668.43(c), along with requires that each eligible institution for the occupation that the program requirements to make those disclosures participating in a title IV, HEA program prepares students to enter, including directly to students, which was in disseminate information to prospective State by State determinations by the § 668.50(c)(2).

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27444 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Regulatory Impact Analysis qualitative, of this proposed regulatory innovation or anticipated behavioral action and has determined that the changes.’’ Executive Orders 12866, 13563, and benefits would justify the costs. We are issuing these proposed 13771 Under Executive Order 13771, for regulations only on a reasoned Regulatory Impact Analysis each new regulation that the determination that their benefits would justify their costs. In choosing among Introduction Department proposes for notice and comment or otherwise promulgates that alternative regulatory approaches, we Under Executive Order 12866, the is a significant regulatory action under selected those approaches that Office of Management and Budget Executive Order 12866 and that imposes maximize net benefits. Based on the (OMB) must determine whether a total costs greater than zero, it must analysis that follows, the Department regulatory action is ‘‘significant’’ and, identify two deregulatory actions. For believes that these proposed regulations therefore, subject to the requirements of FY 2019, any new incremental costs are consistent with the principles in the Executive order and subject to associated with a new regulation must Executive Order 13563. review by OMB. Section 3(f) of be fully offset by the elimination of We also have determined that this Executive Order 12866 defines a existing costs through deregulatory regulatory action would not unduly ‘‘significant regulatory action’’ as an actions. These proposed regulations are interfere with State, local, and Tribal action likely to result in a rule that a deregulatory action under E.O. 13771 governments in the exercise of their may— and therefore the two-for-one governmental functions. (1) Have an annual effect on the requirements of E.O. 13771 do not In this regulatory impact analysis, we economy of $100 million or more, or apply. discuss the need for regulatory action, adversely affect a sector of the economy, We have also reviewed these the potential costs and benefits, net productivity, competition, jobs, the regulations under Executive Order budget impacts, assumptions, environment, public health or safety, or 13563, which supplements and limitations, and data sources, as well as State, local, or Tribal governments or explicitly reaffirms the principles, the regulatory alternatives we communities in a material way (also structures, and definitions governing considered. referred to as an ‘‘economically regulatory review established in Need for Regulatory Action significant’’ rule); Executive Order 12866. To the extent The proposed regulations address (2) Create serious inconsistency or permitted by law, Executive Order otherwise interfere with an action taken several topics, primarily related to 13563 requires that an agency— accreditation and innovation. The or planned by another agency; (1) Propose or adopt regulations only (3) Materially alter the budgetary Department proposes this regulatory on a reasoned determination that their action primarily to update the impacts of entitlement grants, user fees, benefits justify their costs (recognizing or loan programs or the rights and Department’s accreditation recognition that some benefits and costs are difficult process to reflect only those obligations of recipients thereof; or to quantify); (4) Raise novel legal or policy issues requirements that are critical to (2) Tailor its regulations to impose the assessing the quality of an institution arising out of legal mandates, the least burden on society, consistent with President’s priorities, or the principles and its programs and to protect student obtaining regulatory objectives and and taxpayer investments in order to stated in the Executive order. taking into account—among other things The Department believes this reduce unnecessary burden on and to the extent practicable—the costs proposed regulatory action will have an institutions and accrediting agencies of cumulative regulations; annual effect on the economy of more and allow for greater innovation and (3) In choosing among alternative than $100 million because the proposed educational choice for students. regulatory approaches, select those changes to the accreditation process In addition, the proposed regulations approaches that maximize net benefits could increase student access, improve are needed to strengthen the regulatory (including potential economic, student mobility, and allow for the triad by more clearly defining the roles environmental, public health and safety, establishment of more innovative and responsibilities of accrediting and other advantages; distributive programs, including direct assessment agencies, States, and the Department in impacts; and equity); programs, that may attract new students. oversight of institutions participating in (4) To the extent feasible, specify According to the Department’s FY 2020 title IV, HEA programs. performance objectives, rather than the Budget Summary,9 Federal Direct Loans behavior or manner of compliance a Costs, Benefits, and Transfers and Pell Grants accounted for almost regulated entity must adopt; and As discussed in this NPRM, the $124 billion in new aid available in (5) Identify and assess available Department proposes to amend 2018. Given this scale of Federal student alternatives to direct regulation, regulations governing the recognition of aid amounts disbursed yearly, even including economic incentives—such as accrediting agencies, certain student small percentage changes could produce user fees or marketable permits—to assistance general provisions, and transfers between the Federal encourage the desired behavior, or institutional eligibility as well as make government and students of more than provide information that enables the various technical corrections. The $100 million on an annualized basis. public to make choices. proposed regulations would affect Therefore, OMB has determined that Executive Order 13563 also requires students, institutions of higher this proposed action is ‘‘economically an agency ‘‘to use the best available education, accrediting agencies, and the significant’’ and subject to review by techniques to quantify anticipated Federal government. The Department OMB under section 3(f)(1) of Executive present and future benefits and costs as expects students, institutions, Order 12866. The Department has accurately as possible.’’ The Office of accrediting agencies, and the Federal assessed the potential costs and Information and Regulatory Affairs of government would benefit as the benefits, both quantitative and OMB has emphasized that these proposed regulations would provide techniques may include ‘‘identifying transparency and increased autonomy 9 Available at https://www2.ed.gov/about/ overview/budget/budget20/summary/ changing future compliance costs that and independence of agencies and 20summary.pdf. might result from technological institutions. The proposed regulations

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27445

are also intended to increase student key objectives of the proposed accrediting agencies would be required access to postsecondary education, regulations. to include in public disclosures of the improve teach-outs for students at The regulatory impact on the States in which they conduct their closed or closing schools, restore focus economy of the proposed regulations accrediting activities not only those and clarity to the Department’s agency centers on the benefits of, and the States in which they accredit main recognition process, and integrate risk- tradeoffs associated with, (1) campuses but also the States in which based review into the accreditation streamlining and improving the the agencies accredit branch campuses recognition process. Department’s process for recognition or additional locations. This would The Department of Education and review of accrediting agencies and promote greater transparency and clarity Organization Act of 1979 (Pub. L. 96– (2) enabling accrediting agencies to for students while eliminating burden 88) prohibits the Department from exercise greater autonomy and on agencies and the Department of intervening in institutional decisions flexibility in their oversight of member recognition proceedings focusing on regarding curriculum, faculty, institutions and programs in order to geographic scope as well as the anti- administration, or academic programs of facilitate agility and responsiveness and competitive impact of the Department an institution of higher education. promote innovation. Although we appearing to endorse allocation among Instead, Congress assigned accrediting estimate here the marketplace reaction individual agencies of discrete agencies the role of overseeing the by accrediting agencies, students, geographic territories. quality of institutions and academic institutions, and governmental entities In general, the proposed regulations sufficiency of instructional programs. to such regulatory changes, generally, would simplify the labeling of The Secretary recognized 53 accrediting there is little critical data published on accrediting agencies to better reflect agencies as of April 2019 as shown on which to base estimates of how the their focus. Therefore, the Department the Department’s financial aid proposed regulations, which primarily would no longer categorize agencies as accreditation websites.10 In addition, promote flexibility in accrediting regional or national; we would instead there were four State approval agencies processes, would impact various market include them under a combined that are also identified as title IV segments. The Department is interested umbrella identified as ‘‘institutional.’’ gatekeepers for the approval of in receiving comments or data that The Department’s use of the terms postsecondary vocational education and would support such an analysis. ‘‘regionally accredited’’ and ‘‘nationally accredited’’ related to institutional five State approval agencies for the Accrediting Agencies approval of nurse education (for non- accreditation would no longer apply in title IV, HEA purposes). The proposed regulations would recognition proceedings, although allow accrediting agencies the agencies would not be prohibited from The 53 accrediting agencies are opportunity to exercise a greater degree identifying themselves as they deem independent, membership-based of choice in how they operate. One key appropriate. Programmatic agencies that organizations that oversee students’ change in the proposed regulations currently accredit particular programs access to qualified faculty, appropriate pertains to the concept of not limiting would retain that distinction under the curriculum, and other support services. an agency’s accrediting activities to a proposed regulations. Of the 53 accrediting agencies particular geographic region. The As a result of these proposed changes, recognized by the Secretary, 36 accredit proposed regulations would remove the the Department expects that the institutions for title IV, HEA purposes ‘‘geographic area of accrediting landscape of institutional accrediting and 17 solely accredit programs. While activities’’ from the definition of ‘‘scope agencies may change over time from one postsecondary accreditation is of recognition or scope.’’ The current where some agencies only accredit voluntary, accreditation from either a practice of recognizing geographic scope institutions headquartered in particular nationally recognized accrediting of an accrediting agency may discourage regions (as shown on the map in Chart agency or State approval agency is multiple agencies from also including 1) to one where institutional accrediting required for an institution to participate the same State or territory in their agencies accredit institutions in the title IV, HEA programs. geographic scope. By removing this throughout many areas of the United One goal of our negotiated rulemaking potential obstacle and acknowledging States based more on factors such as was to examine the Department’s that many agencies already operate institutional mission rather than accreditation regulations and processes outside their recognized geographic geography. This could lead to some to determine which are critical to scope, the Department seeks to provide accrediting agencies capturing a larger assessing the quality of an institution increased transparency and introduce share of the market while and its programs and to protecting greater competition and innovation that simultaneously allowing for agencies student and taxpayer investments. In could allow an institution or program to that specialize in niche areas to enjoy negotiating the proposed regulations, select an accrediting agency that best strong demand. The Department wishes negotiators reached consensus on the aligns with the institution’s mission, to emphasize, however, that we would processes that accrediting agencies program offerings, and student not require any institution or program to should follow and understood that population. change to a different accrediting agency certain tradeoffs would be inevitable. Under the proposed regulations, as a result of these regulatory changes, Providing greater flexibility in how accrediting agencies would no longer be nor would we require an agency to agencies approach the accrediting required to apply to the Department to accept a new institution or program for process and promoting innovative change the geographic region in which which it did not have capacity or practices while reducing administrative the agencies accredit institutions, which interest to accredit. burden and streamlining operations are occurs about once a year. However, BILLING CODE 4000–01–P

10 Available at https://www.ed.gov/accreditation? src=accred.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27446 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

BILLING CODE 4000–01–C regulations, the Department could find obtain agency approval more Under the proposed regulations, an agency to be substantially compliant expeditiously where appropriate. accrediting agencies could realize and require it to submit a less Under the proposed regulations, for burden reduction, streamlined burdensome monitoring report to institutions to receive recognition of operations, and an increase in address the concern without requiring preaccreditation or accreditation by the autonomous control. For example, NACIQI or senior Department official Secretary, they would have to agree to under the current regulations, an agency review, saving the agency and the submit any dispute with the accrediting found to have a minor deficiency (such Department time and money while agency to arbitration before bringing any as a missing document) would be maintaining ample oversight and other legal action. We propose adding required to submit a compliance report, preserving the same opportunity to this requirement to highlight the of which there were 17 submitted require the more extensive review if the existing statutory requirement, enable between 2014 and 2018. Agencies agency’s shortcomings prove to be not agencies to pursue adverse actions required to prepare compliance reports as readily remediated as anticipated. without an immediate threat of a need to invest a significant amount of Another example of a proposed change lawsuit, and potentially minimize time and resources. Additionally, to the regulations that would reduce litigation costs for accrediting agencies compliance reports require extensive burden would allow accrediting and institutions. The relative costs of review by Department staff, NACIQI, agencies to use senior staff instead of litigation and arbitration can vary and the senior Department official, at a the agency’s accrediting commission to depending upon the nature of the minimum. Under the proposed approve substantive changes proposed dispute, the parties involved, varied by accredited institutions or programs. costs in different states, and several 11 Council for Higher Education Accreditation, This would allow accrediting agencies Regional Accrediting Organizations web page. other factors. According to the Forum, Available at https://www.chea.org/regional- to structure their work more efficiently previously known as the National accrediting-organizations-accreditor-type. and permit the accredited entities to Arbitration Forum, total arbitration

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.008 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27447

costs can amount to only 25 percent of to report a number of items to the institutions relate to the option of using the cost to bring the same action to Department, institutions, or the public, alternative standards for accreditation court.12 Another article entitled ‘‘The as shown in the Paperwork Reduction under § 602.18, provided that the Iceberg: The True Cost of Litigation Act section of this preamble. institution demonstrates the need for Versus Arbitration’’ 13 cites the average Accrediting agencies would have to, such an alternative and that students cost of arbitration for a business as among other items: (1) Notify the will not be harmed. Institutions would approximately $70,000 while the Department and publish on its website also benefit from accrediting agencies average litigation costs for a given any changes to the geographic scope of having the authority permit the business could total over $120,000. recognition; (2) publish policies for any institution to be out of compliance with The Department does not receive retroactive application of an policies, standards, and procedures information about the number of accreditation decision; (3) provide otherwise required by those regulations, disputes between accreditors and institutions with written timelines for for a period of up to three years, and institutions that go to litigation or compliance and a policy for immediate longer for good cause shown, where arbitration or data about the costs adverse action when warranted; (4) there are circumstances beyond the associated with both those actions. An provide notice to the Department and institution’s or program’s control initial review indicates a range of students of the initiation of an adverse requiring this forbearance. This gives lawsuits and outcomes involving action; (5) update and publish institutions flexibility in the event of a 14 accrediting agencies and institutions. requirements related to teach-out plans natural disaster, a teach-out of another The Department would welcome and teach-out agreements; and (6) redact institution’s students, significant and additional information to better personally identifiable and other documented local or national economic understand the effect of the initial sensitive information prior to sending changes, changes in licensure arbitration requirement. documents to the Department. requirements, undue hardship on The likelihood is that from a cost We estimate the burden for all students, and the availability of perspective, arbitration would be accrediting agencies would be 6,562 instructors who do not meet the considerably less expensive for the hours and $297,652 annually at a $45.36 agency’s faculty standards but are accrediting agencies and schools than wage rate. There are also some qualified by education or work litigation in the first instance and the provisions expected to reduce burden experience to teach courses within a assumption is outcomes would not vary on accrediting agencies, including: (1) dual or concurrent enrollment program. greatly according to the process Allowing decisions to be made by a pursued. It should be noted however, senior staff member; (2) using Senior Decisions about changing accrediting that the proposed regulation would not Department Official determination and agencies would have to balance the preclude an institution from pursuing a monitoring reports and reducing expense of maintaining existing legal remedy—as provided for in preparation and attendance at NACIQI accreditation while working with new statute—after going to arbitration. meetings, and (3) removing existing agencies and the possible reputational Therefore, the proposed arbitration requirements related to evaluating credit effects of appearing to shop for requirement might not ultimately hours. These changes are estimated to accreditation. On the other hand, if change institutional behavior. reduce burden for all accrediting accrediting agencies do realign over Under the proposed regulations, agencies by 2,655 hours and $120,431 at time, some institutions may need to accrediting agencies would be required a $45.36 wage rate. The net annual seek out alternate accreditation as their burden for all accrediting agencies current agency may elect to specialize in 12 www.ffiec.gov/press/comments/ would be estimated at 3,907 hours and a different market segment. nationalarbforum.pdf. $177,222. These estimates were based 13 https://landwehrlawmn.com/cost-litigation- The following table, based on Federal arbitration/. on the 2018 median hourly wage for Student Aid (FSA) information as of 14 See, e.g. Wards Corner Beauty Academy v. postsecondary education administrators April 2019, summarizes data related to National Accred. Comm’n of Arts & Sciences, 922 in the Bureau of Labor Statistics title IV eligible institutions and their F.3d 568 (4th Cir. 2019) (affirming denial of relief Occupational Outlook handbook.15 to institution challenging withdrawal of distribution according to type of accreditation); Professional Massage Training Institutions primary accrediting agency, also known Center, Inc. v. Accreditation Alliance of Career as the title IV gatekeeper accrediting Schools and Colleges, 781 F.3d 161 (4th Cir. 2015) The proposed regulations would also agency. (reversing district court’s decision to order affect institutions. Institutions could reinstatement of accreditation and to award benefit from a more efficient process to As currently configured, both public damages); Escuela de Medicina San Juan Bautista, and private non-profit institutions Inc. v. Liaison Committee on Medical Education, establish new programs and the 820 F. Supp. 2d 317 (D.P.R. 2011) (granting opportunity to seek out alternate overwhelmingly use regional preliminary injunction vacating accrediting accrediting agencies that specialize in accrediting agencies as their primary agency’s appeal decision and requiring agency to evaluating their type of institution. agency for title IV participation, conduct a new appeal); St. Andrews Presbyterian whereas proprietary institutions almost College v. Southern Ass’n of Colleges and Schools, Other changes that could benefit Inc., 679 F. Supp. 2d 1320 (N.D. Ga. 2009) exclusively use national agencies. We (upholding withdrawal of accreditation after 2 years 15 Bureau of Labor Statistics, U.S. Department of do not require foreign schools to report of litigation); Western State University of Southern Labor, Occupational Outlook Handbook, accreditation information, although they California v. American Bar Ass’n, 301 F. Supp. 2d Postsecondary Education Administrators, on the may do so. We show foreign schools 1129 (C.D. Calif. 2004) (granting preliminary internet at https://www.bls.gov/ooh/management/ injunction against withdrawal of provisional postsecondary-education-administrators.htm simply to provide context for how many accreditation) (visited May 21, 2019). are participating.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27448 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

As stated earlier, under the proposed acceptance policy, though it strongly proposed change would affect the regulations, the Department would discourages anticompetitive practices or private loan marketplace. consider regional and national those that deny students the ability to The Department approaches estimates accrediting agencies under one overall continue their education without an for increased financial aid in terms of a ‘‘institutional’’ umbrella. One objective evaluation of that student’s academic range of low, medium, and high impacts of this policy is to increase students’ ability or prior achievement. The based on student risk groups and school academic and career mobility, by Department is hopeful that changes in sectors. This analysis appears in the making it easier for students to transfer these regulations will make it easier for section on Net Budget Impacts. A factor credits to continue or attain an institutions to voluntarily set policies that could increase the Federal aid additional degree at a new institution, that promote competition, support received by institutions is the proposed by eliminating artificial boundaries strong academic rigor, and allow extension of time for achieving between institutions due in part to qualified credits to transfer. compliance in § 602.20, which may reliance on a reputation associated with Nevertheless, other practices would not reduce the likelihood a school will be certain types of accrediting agencies. be prohibited by the proposed dropped by its accreditor. While this change would primarily regulations and certain institutions may Additionally, some institutions would result in some realignment of initially resist the changes intended by benefit from the proposed changes related to State authorization in § 600.9 accrediting agencies and institutions, the proposed regulations. that would generally maintain State there is potential that certain However, a shift from strictly reciprocity agreements for distance postsecondary students could benefit geographic orientation may occur over education and correspondence programs and be enabled to transfer and continue time, probably measured in years, as the as an important method by which their education at four-year institutions characterization of ‘‘institutional’’ in institutions may comply with State where previously they could not do so. terms of accreditation becomes more requirements and reduce the burden on This circumstance could result in prevalent and greater competition institutions that would otherwise be greater access and increased educational occurs, spurring an evolving dynamic subject to numerous sets of varying mobility for students coming from marketplace. Accrediting agencies may requirements established by individual proprietary institutions that use national align in different combinations that States. The proposed regulations would accrediting agencies. It also could result coalesce around specific institutional allow religious institutions exempt from in the award of increased financial aid, dimensions or specialties, such as State authorization under § 600.9(b) to such as Federal Direct Student Loans school size, specialized degrees, or comply with requirements for distance and Pell Grants, on behalf of students employment opportunities. If access to education or correspondence courses by pursuing additional higher education. higher-level educational programs by States in which the institution is not From an impact perspective, there students improves, the Department physically located through State may be several outcomes. The anticipates some modest increase in authorization reciprocity agreements. likelihood in the near term is that the financial aid, through Federal sources Another proposed change that would status quo—where schools, especially such as Direct Loans and Pell Grants. make the administration of distance four-year institutions, maintain their Private loans, which typically require education programs more efficient is distinction under institutional substantial credit scores or co-signers, replacing the concept of a student’s accreditation—prevails, and the impact would be less likely to have a material residence to that of the student’s remains essentially zero or neutral. The impact and are not considered as part of location. As noted in the State Department is prohibited from dictating this analysis. However, the Department Authorization section of this preamble, an institution’s credit transfer or welcomes comments as to whether this residency requirements may differ

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.009 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27449

within States for purposes of voting, and several provisions in the proposed believes programs added in response to paying in-State tuition, and other rights regulations. With the proposed changes the proposed regulations will maintain and responsibilities. By using a to the State Authorization provisions in the quality of current offerings because student’s location instead of residence, § 668.50, institutions would no longer institutions are still required to obtain the Department intends to make its have a separate disclosure related to the accreditor approval when they want to regulations more consistent with complaints process for distance add ‘‘programs that represent a existing State requirements, make it education or correspondence programs. significant departure from the existing easier for institutions to administer, and Those students would receive the offerings or educational programs, or ensure that students who have not general complaints process disclosure method of delivery, from those that established legal or permanent provided to all students. As detailed in were offered when the agency last residence in a State benefit from State the Paperwork Reduction Act section of evaluated the institution’’ and when requirements for an institution to offer this preamble, these consolidations are they want to add graduate programs. distance education and correspondence expected to save 152,405 hours for a Lower level programs that are related to courses in that State. Finally, the total estimated reduction in burden of what they are already offering are proposed regulations would eliminate $6,913,091 at the hourly wage of $45.36 expected to leverage the strengths of the student complaint process requirements described above. Together, the expected existing programs. under current § 600.9(c)(2) as the net impact of the changes to disclosures The Department does not believe regulations under § 668.43(b) already is estimated to be an increase of 429,575 many students rely on the distinction require institutions to disclose the hours totaling $19,485,522 at the hourly between regional and national complaint process in each of the States wage of $45.36. The proposed changes accrediting agencies when deciding where its enrolled students are located. to the substantive change requirements between programs or institutions but Institutions would be required to could reduce the time and expense to instead base their choice on other make some new or revised disclosures institutions by streamlining approval of factors such as location, cost, programs to students and the Department, as institutional or programmatic changes offerings, campus, and career shown in the Paperwork Reduction Act by dividing them into those that the opportunities. Therefore, we do not section of this preamble. Institutions agency must approve and those the think there are costs to students from would be required to (1) update their institution must simply report to the the proposed change to institutional policies and procedures to ensure agency, and also by permitting some versus regional accreditation, especially consistent determination of a student’s changes to be approved by accrediting since institutions would be allowed to location for distance education and agency senior staff rather than by the use whatever terms accurately reflect correspondence course students, and, entire accrediting commission, as well their accreditation to the extent it is upon request, to provide written as by setting deadlines for agency useful for informing the audience of documentation from the policies and approvals of written arrangements. The particular communications. procedure manual of its method and Department welcomes comments from Additionally, if the accreditation market basis for such determinations to the institutions about the anticipated effects transforms over time and certain Secretary; (2) inform the Secretary of the of the proposed regulations on their agencies develop strong reputations in establishment of direct assessment accreditation-related costs and will specialized areas over time, that may be programs after the first; (3) inform the consider any such data received when more informative for students interested Secretary of written arrangements for an evaluating the final regulations. in those outcomes. ineligible program to provide more than The changes to the institutional 25 percent of a program; and (4) provide Students disclosures in the proposed regulations disclosures to students about whether As discussed earlier, the proposed are also aimed at simplifying the programs meet licensure requirements, regulations would provide various disclosures and providing students acceptance of transfer credits, policies benefits to students by improving access more useful information. As detailed in on prior learning assessment, and to higher education and mobility and the Disclosures section of this NPRM, written arrangements for another entity promoting innovative ways for the proposed regulations would require to provide all or part of a program. We employers to partner with accrediting disclosures to ensure that an institution estimate the cost of these disclosures to agencies in establishing appropriate provides adequate information for institutions would be a burden increase quality standards that focus on clear students to understand its transfer-of- of 581,980 hours annually, totaling expectations for success. One possible credit policy, especially when that $26,398,613 (581,980 * $45.36). This outcome of the proposed regulation policy excludes credits from certain wage is based on the 2018 median would be to make it easier for students types of institutions. The Department hourly wage for postsecondary to transfer credits to continue or attain also believes that disclosures relating to education administrators in the Bureau an additional degree at a new an institution’s prior learning of Labor Statistics Occupational Outlook institution. Such an outcome could assessment policies are important to handbook.16 The Department welcomes potentially affect students from students, especially those who have not commenters to provide insight on the proprietary institutions seeking attended college before or who are reasonableness of these disclosure costs. additional education at four-year public returning to college after many years of While institutions will incur some or private nonprofit institutions. If experience or training in other fields. increased costs for these disclosures and institutions are better able to work with Students would also receive information notifications, we do think there will be employers or communities to set up about any written arrangements under time and cost savings from the programs that efficiently respond to which an entity other than the consolidation of reporting requirements local needs, students could benefit from institution itself provides all or part of programs designed for specific in- a program. Another key proposed 16 Bureau of Labor Statistics, U.S. Department of demand skills. Students would have to disclosure is whether the program meets Labor, Occupational Outlook Handbook, consider if choosing a program in a educational requirements for licensure Postsecondary Education Administrators, available at www.bls.gov/ooh/management/postsecondary- preaccreditation status or one that takes in the State in which the student is education-administrators.htm (visited May 21, an innovative approach provides a high located. The proposed regulations about 2019). quality opportunity. The Department teach-out plans required by accreditors

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27450 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

and State actions are intended to ensure the number of reviews due to the transfers. An additional complicating that students have clear information proposed regulations is uncertain, but factor in developing these estimates are about serious problems at their we estimate a cost of $261 per review the related regulatory changes on which institutions, and this is most likely to (6 hours * $43.42). Additional costs may the committee reached consensus in this occur when those institutions are also arise from increased senior negotiated rulemaking that will be required to have a teach-out plan in Department official reviews under proposed in separate notices of place or are under investigation by a proposed § 602.36(g), which provides an proposed rulemaking. For example, the State or other agency. The Department agency subject to a determination that a potential expansion of distance welcomes comments on the proposed decision to deny, limit, or suspend education or direct assessment programs disclosures and the value to students of recognition may be warranted with an because of significant proposed changes the information to be provided. opportunity to submit a written in the regulations governing such Under the proposed regulations, in response and documentation addressing programs will be addressed in a separate certain circumstances, such as when an the finding, and the staff with an notice of proposed rulemaking. In this accrediting agency places a school on opportunity to present its analysis in analysis, we address the impact of the probation, the Department changes the writing. The Department has reviewed accreditation changes and other changes school to reimbursement payment 17 compliance between 2014 and 2018, in these proposed regulations but method, or the school receives an so the administrative burden on the recognize that attributing future changes auditor’s adverse opinion, an Department from this provision is not in the Federal student aid accrediting agency would require a expected to be significant. disbursements to provisions that have teach-out plan to facilitate the The Federal government would overlapping effects is an inexact opportunity for students to complete benefit from savings due to a reduced process. Therefore, in future proposed their academic program. A school number of closed-school loan discharges regulations, as appropriate, we will closing would also trigger a required as a result of an expected increase in consider interactive effects related to the teach-out opportunity. For students, this students completing teach-outs, but it changes proposed in this NPRM. could enable them to complete a could also incur annual costs to fund credential with less burden associated more Pell Grants and some title IV loans The main budget impacts estimated with transferring credits and finding a for students participating in teach-outs from the proposed regulations come new program. Alternatively, they would and increased volume from new from changes in loan volumes and Pell have the option to choose a closed programs or extension of existing Grants disbursed to students as school discharge if it makes sense for programs, as discussed in the Net establishing a program becomes less their situation. The additional flexibility Budget Impacts section. burdensome and additional students under the proposed regulations for receive title IV, HEA funds for teach- Net Budget Impacts accrediting agencies to sanction outs. Changes that could allow volume programs instead of entire institutions The proposed regulations are increases include making it easier for potentially creates a trade-off as the estimated to have a net Federal budget new accreditors to be recognized and students in programs that close are not impact over the 2020–2029 loan cohorts reducing the experience requirement for eligible for closed school discharges. of $97 million in outlays in the primary expanding an agencies’ scope to new However, by focusing on problematic estimate scenario and an increase in Pell degree levels. Agencies would also be programs, fewer institutions may close Grant outlays of $3,744 million over 10 able to establish alternative standards precipitously, and fewer students would years, for a total net impact of $3,841 that require the institution or program to have their programs disrupted. million. A cohort reflects all loans demonstrate a need for the alternative originated in a given fiscal year. approach, as well as that students will Federal Government Consistent with the requirements of the receive equivalent benefit and will not Under the proposed regulations, the Credit Reform Act of 1990, budget cost be harmed. The alternative standard Federal government would incur some estimates for the student loan programs could allow for the faster introduction additional administrative costs. reflect the estimated net present value of of innovative programs. The possibility The costs associated with processing all future non-administrative Federal of additional accreditors would increase post-participation disbursements are not costs associated with a cohort of loans. the chances for institutions to find an expected to be significant as the The Net Budget Impact is compared to accreditor. Institutions’ liability disbursement system is well established the 2020 President’s Budget baseline associated with acquiring additional and designed to accommodate (PB2020). locations and expanded time to come fluctuations in disbursements. A file As the Department recognizes that the into compliance could also keep review at the agency would be market transformations that could occur programs operating longer than they incorporated into the review of agency in connection with the proposed otherwise might. The tables below applications. Currently, the Department regulations are uncertain and we have present the assumed grant and loan reviews approximately 10 accrediting limited data on which to base estimates volume changes used in estimating the agencies for initial or renewal of accrediting agency, institutional, and net budget impact of the proposed applications annually and we expect a student responses to the regulatory regulations for the primary scenario, file review would take Department staff changes, we present alternative with discussion about the assumptions 6 hours at a GS–14 Step 1 hourly wage scenarios to capture the potential range following the tables. rate of $43.42. The potential increase in of impacts on Federal student aid BILLING CODE 4000–01–P

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27451

Estimated program costs for Pell 2020 to 2029 of approximately 200,000 occur. However, even the additional Grants range from $30.1 billion in AY annually. The increase in Pell Grant 180,441 recipients estimated for 2029 2021–22 to $37.2 billion in AY 2029–30, recipients estimated due to the would account for approximately 2 with a ten-year total estimate of $333.8 proposed regulations ranges from about percent of all estimated Pell recipients billion. On average, the FY 2020 12 percent in 2021 to approximately 90 in 2029 and results in an approximately President’s Budget projects a baseline percent by 2029 of the projected average 1.4 percent increase in estimated 10- increase in Pell Grant recipients from annual increase that would otherwise year Pell Grant program costs.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.010 27452 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Table 2B: Assumptions about Change in Loan Volume from

Proposed Regulations by Cohort and Risk-Group

PB2020 Vol Est (Subsidized Percent Change in Loan Volume by and Risk Group and Cohort- Subsidized Unsubsidized) and Unsubsidized Loans FY2020 ($mns) 2020 2021 2022 2023 2024 2-Yr Proprietary 2,774 0 0.5 1 1.5 2

2-Yr NP and Pub 4, 981 0 0.3 0.5 0.75 1

4-Yr Fr/So 17,118 0 0.3 0.5 1 1

4-YR Jr/Sr 20,063 0 0.3 0.5 1 1

Grads 29,186 0 0 -0.2 -0.2 -0.2

2025 2026 2027 2028 2029 2-Yr Proprietary 3 4 5 5 5 2-Yr NP and Pub 1. 25 1.5 2 2.25 2.5 4-Yr Fr/So 1.5 2 2.75 3.5 4 4-YR Jr/Sr 1.5 2 2.75 3.5 4 Grads -0.2 -0.3 -0.3 -0.3 -0.3

PB2020 Vol Est Percent Change in Loan Volume by (PLUS) Risk Group and Cohort - Plus Loans FY2020 ($mns) 2020 2021 2022 2023 2024 2-Yr Proprietary 356 0 0.25 0.5 0.75 1 2-Yr NP and Pub 133 0 0.15 0.25 0.375 0.5

4-Yr Fr/So 8,003 0 0.15 0.25 0.5 0.5

4-YR Jr/Sr 5,713 0 0.15 0.25 0.5 0.5

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.011 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27453

As seen from the approximately $100 school discharges and the potential new programs established under these billion annual loan volume, even small savings from the proposed changes may provisions would have a different range changes will result in a significant be higher. of performance from current programs amount of additional loan transfers. The assumed changes in loan volume or to estimate how performance could Loan volume estimates are updated would result in a small cost that vary. The Department welcomes regularly, but for PB2020 total non- represents the net impact of offsetting comments about where program growth consolidated loan volume estimates subsidy changes by loan type and risk might occur as a result of the proposed between FY2020 and FY2029 range group due to positive subsidy rates for regulations, including other factors that Subsidized and Unsubsidized Stafford from $100.2 billion to $116.1 billion. might change performance, and we will The additional high and low scenarios loans and negative subsidy rates for consider them in developing the final represent a 20 percent increase or Parent PLUS Loans and the interaction regulations. decrease from the assumptions of the potential reduction in closed presented in the table. The Department school discharges and increases in loan Table 3 summarizes the Pell and loan does not anticipate that the changes in volume. We do not assume any changes effects for the Low, Main, and High the proposed regulation will lead to in subsidy rates from the potential impact scenarios over a 10-year period widely different scenarios for volume creation of new programs or the other with years 2022 through 2029 showing growth and therefore believes the 20 changes reflected in the proposed amounts of over $100 million in outlays percent range captures the likeliest regulations. Depending on how per year. Each column reflects a low outcomes. For the provisions aimed at programs are configured, the market impact, medium impact, or high impact reducing closed school discharges by need for them, and their quality, key scenario showing estimated changes to enhancing teach-outs, the main subsidy components such as defaults, Pell Grants and Direct Loans under assumption is that closed school prepayments, and repayment plan those low, medium, and high discharges will decrease by 10 percent, choice may vary and affect the costs conditions. Therefore, the overall estimates. For example, if institutions with a 20 percent decrease in the high amounts reflect the sum of outlay with less favorable program outcomes scenario and a 5 percent decrease in the changes occurring under each scenario low scenario. With some exceptions, the find more lenient accreditors or if they for Pell Grants and Direct Loans when Department has limited information take advantage of the substantive change about teach-outs and what motivates policy revisions to expand their combined. The loan amounts reflect the students to pursue them versus a closed program offerings, there could be an combined change in the volumes and school discharge, but we assume increase in default rates or other closed school discharges, which do have proximity to completion, convenience, repayment issues. On the other hand, interactive and offsetting effects. For and perception of the quality of the institutions with strong programs may example, the closed school changes had teach-out option have a substantial take advantage of the flexibility allowed estimated savings ranging from $80 effect. Absent any evidence of the effect by the substantive change policy million to $201 million when evaluated of the proposed changes on student revisions to expand their program without the volume changes, and the response to teach-out plans, the offerings, possibly by adding certificate volume changes had costs of $182 Department has made a conservative programs. We do not have sufficient million to $252 million when estimated assumption about the decrease in closed information at this point to assume that without the closed school changes.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.012 27454 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

When considering the impact of the increase total loan volumes more than 2 certificate and masters level programs proposed regulations on Federal student percent or Pell Grant recipients more where many loan dollars are directed, aid programs, a key question is the than 2 percent by 2029 compared to the could lead to expansion in Federal aid extent to which the proposed changes FY 2020 President’s Budget baseline. disbursed. The increased volume will expand the pool of students who Another factor reflected in Table 2 is change of the high scenario reflects will receive grants or borrow loans that we do not expect the impacts of the uncertainty about the extent of this compared to the potential shifting of proposed regulations to occur potential expansion, as well as the fact students and associated aid to different immediately upon implementation, but that much of the expansion may involve programs that may arise because of the to be the result of changes in online programs subject to forthcoming changes in accreditation. The postsecondary education over time. proposed regulatory changes that would Department believes many of the Institutions generally undergo interact with these proposed proposed regulatory provisions that accreditation review every 7 to 10 years, regulations. The number of graduate clarify definitions or reflect current depending upon the accrediting agency programs awarding credentials has practice will not lead to significant and their status. Additionally, increased substantially since the expansion of program offerings that accrediting agencies may develop a new introduction of graduate PLUS loans in would not otherwise occur for reasons focus area or geographic scope over time 2006, as has the volume of loans related to institutions’ business plans or as resources are required for expanding disbursed to graduate borrowers, as academic mission. We believe these their operations. To the extent that there shown in Table 4. The proposed provisions may ease the burden of is a change in the institutional regulations would not change the setting up new programs and accelerate accreditation landscape, we would not substantive change requirements for the timeframe for offering them. expect institutions to change agencies graduate programs. This emphasis Accreditation is a significant until their next review point, so the reflects the Department’s concern about consideration when establishing a impacts of the proposed regulations the growing practice of elevating the program because of the expense and would be gradual. level of the credential required to satisfy work involved in seeking and The proposed changes to the occupational licensure requirements. maintaining it, but institutions make substantive change requirements, which Focusing accreditor attention on decisions about programs to offer based would allow institutions to respond graduate programs may slow down or on employment needs, student demand, quickly to market demand and create prevent the creation of some new availability of faculty, and several other undergraduate programs at different programs, which is reflected in the factors. Therefore, the Department does credential levels and focus agency slight reduction in graduate loan not expect the proposed regulations to attention on the creation of graduate volume in Table 2.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.013 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27455 2017 61,470 40,030 27,720 14,090 342,520 529,700 196,790 6,164,090 3,048,600 1,349,090 1,343,570 1,064,240 Years 2013 61,200 41,920 27,320 13,200 986,440 766,010 519,650 104,860 2,709,700 1,289,280 1,282,000 5,942,860 1,987,740 1,919,950 Selected Awards 2010 9,990 4,240 in 22,350 34,840 13,680 409,720 488,020 413,450 244,290 734,880 159,620 1,036,150 2,144,470 690 Awarded 2006 21,640 30,740 30,220 58,490 19,480 606,670 202,920 713, 126,290 2, 1,101,850 1,461,460 1 1 1 1 I 14,596,970 11,029,930 970 99o o2o o8o 89o 54o 2017 2,810 7, 7,170 1,820 Credentials 64,490 71,550 39, 32,320 55, 11, 168,980 and 570 2013 4,160 2,150 2,490 1,010 67,070 46,770 60,440 36,740 31,880 13,900 11,270 161,220 620 2010 9,460 2,280 3,130 1,050 1,550 Programs Credentials 61,950 42,670 37,250 31,590 13,620 58,870 950 680 840 2006 4, 1,890 1,810 1,290 40,000 33,570 30,280 57,240 11,440 50,960 136,190 149,840 Awarding Programs or 4yr 4yr 2yr 2yr : 4yr 4yr 2yr 2yr 17 4yr 4yr 2yr 4 less less less less Prop Prop Prop Public Private Public Private Public Private Public Private less or or or or Table 2006-2017 Certificates Undergraduate Undergraduate Degrees

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.014 27456 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 7,990 66,210 65,420 74,870 51,400 935,950 157,850 7,420 48,950 48,450 74,870 870,070 834,740 899,630 129,020 170,840 1,875,660 1,993,430 1,660 42,980 53,610 14,560 17,770 33,990 712,760 335,760 323,390 0 20 62 2,400 60,880 40,830 74,870 31, 672,990 731,320 116,510 1,465,180 - 680 6,740 2,330 2,580 5,860 32,2501 13,280 59,980 - 650 4,480 4,780 9,920 2,180 3,660 27,370 22,270 25,160 51,820 - 280 4,000 7,530 3,550 3,250 1,920 20,190 47,970 - 260 2,320 3,160 3,000 1,230 5,580 24,850 25,850 18,280 44,370 or or or 4yr 4yr 2yr 2yr 4yr 4yr 2yr 2yr 4yr 4yr 2yr 2yr 2yr less less less less Prop Public Prop Public Prop Public Prop Public Prop Private Private Private Private less less less or or or or Graduate Graduate Certificates Degrees

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.015 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27457 2010-11. Unsub in until Grad 3,410,171,851 10,584,552,835 13,030,559,389 27,025,284,075 Students reports AY2016-17 PLUS to volume Grad in 9,645,335,408 6,094,281,420 1,106,645,769 2,444,408,219 Disbursed split Unsub not Loans Grad as 3,967,504,952 10,232,321,388 12,629,730,564 26,829,556,904 AY2012-13 included PLUS not Unsubsidized Grad 830,210,361 4,934,939,609 7,603,795,406 1,838,645,436 students PLUS Graduate Grad AY2009-10 and graduate 575,779,471 3,909,981,128 5,761,910,576 1,276,149,977 to PLUS PLUS loans 2006-2017 4,000,483 Grad AY2005-06 76,082,940 59,288,547 12,793,910 Graduate Years : 18 4 Unsubsidized Public Private Proprietary Total Selected Table Note:

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.016 27458 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

The proposed regulations also aim to the entire institution. However, to such students. Closed school bring greater clarity to the nature of accrediting agency actions have rarely discharges are a very small percent of teach-outs and to create a more orderly been the sole cause of institutional cohort volume, so the potential volume process for students and institutions closure, so the potential application of increase associated with increased when schools are closing precipitously. this more limited response may not teach-outs ranges is not expected to be We seek through these proposed change the level of closed school substantial and contributes to the regulations to provide students with the discharges significantly. volume increases presented in Table 2. opportunity to finish their program of Nevertheless, students would be study and attain their credential and entitled to teach-outs that facilitate Accounting Statement keep closed school discharges to a program completion and degree minimum to reduce taxpayer cost. attainment. In turn, the expansion of In accordance with OMB Circular A– The proposed regulations would teach-outs could have budgetary 4 we have prepared an accounting permit an accrediting agency to sanction impacts related to financial aid amounts statement showing the classification of a specific program or location within an as students take out loans or grants to the expenditures associated with the institution without taking action against complete their programs. When proposed regulations (see Table 2). This the entire institution if the agency found participating in a teach-out, the table provides our best estimate of the that only that program or location was receiving school may not charge changes in annual monetized transfers noncompliant. The Department students more than what the closing or as a result of the proposed regulations. recognizes that this situation would closed school would have charged for Expenditures are classified as transfers preclude a student from obtaining a the same courses. If teach-outs increase from the Federal Government to affected closed school discharge, since only a significantly, this could result in some student loan borrowers and Pell Grant program was subject to closure and not increase in loan volume and Pell Grants recipients.

17 U.S. Department of Education analysis of 2017. Available at https://nces.ed.gov/ipeds/ 18 FSA Data Center loan volume files available at IPEDS completions data for 2006, 2010, 2013, and datacenter/DataFiles.aspx. https://studentaid.ed.gov/sa/about/data-center/ student/title-iv.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.017 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27459

BILLING CODE 4000–01–C ‘‘§ ’’ and a numbered heading; for assurance function is one of the three Regulatory Alternatives Considered example, § 600.2.) main elements of oversight governing • Could the description of the the HEA’s Federal student aid programs. In the interest of ensuring that these proposed regulations in the In order for students to receive Federal proposed regulations produce the best SUPPLEMENTARY INFORMATION section of student aid from the Department for possible outcome, we considered a this preamble be more helpful in postsecondary study, the institution broad range of proposals from internal making the proposed regulations easier must be accredited by a ‘‘nationally sources as well as from non-Federal to understand? If so, how? recognized’’ accrediting agency (or, for negotiators and members of the public • What else could we do to make the certain vocational institutions, approved as part of the negotiated rulemaking proposed regulations easier to by a recognized State approval agency), process. We reviewed these alternatives understand? in detail in the preamble to this NPRM To send any comments that concern be authorized by the State in which the under the ‘‘Reasons’’ sections how the Department could make these institution is located, and receive accompanying the discussion of each proposed regulations easier to approval from the Department through a proposed regulatory provision. Among understand, see the instructions in the program participation agreement. the items discussed was removing or ADDRESSES section. Accrediting agencies, which are revising the limit on how much of a Paperwork Reduction Act of 1995 private educational associations program may be offered by a non- operating in multiple states or with accredited entity, which could allow As part of its continuing effort to national scope, develop evaluation faster expansion of programs but raised reduce paperwork and respondent criteria and conduct peer evaluations to concerns about maintaining program burden, the Department provides the assess whether or not those criteria are general public and Federal agencies quality. Also, a variety of alternatives to met. Institutions and programs that with an opportunity to comment on the proposed elimination of the request an accrediting agency’s requirement that an agency must have proposed and continuing collections of evaluation and that meet that agency’s conducted accrediting activities for at information in accordance with the criteria are then ‘‘accredited’’. least two years prior to seeking Paperwork Reduction Act of 1995 (PRA) recognition when the agency is affiliated (44 U.S.C. 3506(c)(2)(A)). This helps As of April 2019, the Secretary with, or is a division of, a recognized ensure that: The public understands the recognizes 53 accrediting agencies that agency were considered by the Department’s collection instructions, are independent, membership-based negotiating committee. A proposal to respondents can provide the requested organizations designed to ensure make all regional accreditors national data in the desired format, reporting students have access to qualified was not agreed to, with the institutional burden (time and financial resources) is faculty, appropriate curriculum, and designation being used for Department minimized, collection instruments are other support services. Of these 53 business instead. Stricter requirements clearly understood, and the Department accrediting agencies recognized by the for obtaining approval of graduate can properly assess the impact of Secretary, 36 are institutional for title IV programs were considered but not collection requirements on respondents. HEA purposes and 18 are solely agreed upon. These would likely have Sections 600, 602, and 668 contain programmatic. Institutional accrediting had a stronger negative effect on information collection requirements. agencies accredit institutions of higher Under the PRA the Department has graduate program creation than the education, and programmatic submitted a copy of these sections to proposed regulations. While consensus accrediting agencies accredit specific was reached on all provisions, the OMB for its review. A Federal agency may not conduct or educational programs that prepare Department is interested in receiving students for entry into a profession, comments related to other alternatives sponsor a collection of information occupation, or vocation. The PRA to the proposed regulations. unless OMB approves the collection under the PRA and the corresponding section will use these figures in Clarity of the Regulations information collection instrument assessing burden. Additionally, the Executive Order 12866 and the displays a currently valid OMB control numbers of title IV eligible institutions Presidential memorandum ‘‘Plain number. noted in the Regulatory Impact Language in Government Writing’’ Notwithstanding any other provision Analysis, 1,860 public institutions, require each agency to write regulations of law, no person is required to comply 1,704 private institutions, and 1,783 that are easy to understand. with, or is subject to penalty for failure proprietary institutions, will be used as The Secretary invites comments on to comply with, a collection of the basis for assessing institutional how to make these proposed regulations information if the collection instrument burden in the PRA. easier to understand, including answers does not display a currently valid OMB Through this process we identified to questions such as the following: control number. areas where cost savings would likely In the final regulations we will • Are the requirements in the occur under the proposed regulations; display the control numbers assigned by proposed regulations clearly stated? however, many of the associated criteria • OMB to any information collection Do the proposed regulations contain requirements proposed in this NPRM do not have existing information technical terms or other wording that and adopted in the final regulations. collection requests and consequently are interferes with their clarity? not assigned OMB numbers for data • Does the format of the proposed Discussion collection purposes. Instead, they are regulations (grouping and order of The goal of accreditation is to ensure included in the collections table in a sections, use of headings, paragraphing, that institutions of higher education column titled: ‘‘Estimated savings etc.) aid or reduce their clarity? meet acceptable levels of quality. absent ICR requirement’’, and they are • Would the proposed regulations be Accreditation in the United States sometimes referred to as ‘‘hours saved’’. easier to understand if we divided them involves non-governmental entities as These areas of anticipated costs savings into more (but shorter) sections? (A well as Federal and State government are not included in the total burden ‘‘section’’ is preceded by the symbol agencies. Accreditation’s quality calculations.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27460 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Section 600.9—State Authorization such determinations consistently and manual to ensure consistent location apply them to all students. Requirements determinations for distance education Under § 600.9(c)(1)(ii)(B), the and correspondence course students. Under § 600.9(c)(1)(ii)(A), the institution must, upon request, provide Additionally, we estimate that it would institution must determine in which the Secretary with written take an institution 30 minutes to State a student is located while enrolled documentation of its determination of a provide the Secretary, upon request, in a distance education or student’s location, including the basis with written documentation from its correspondence course when the for such determination. policies and procedures manual of its institution participates in a State authorization reciprocity agreement Burden Calculation method of determination of a student’s under which it is covered in accordance We estimate that, on average, an location, including the basis for such with the institution’s policies and institution would need 30 minutes to determination. procedures. The institution must make update its policies and procedures

We estimate that no more than five hours to provide written documentation determination for a student as requested percent of institutions will be required of their basis for a location by the Secretary. We estimate that 89 to provide written documentation to the determination for a student as requested proprietary institutions will require 45 Secretary regarding the basis for the by the Secretary. We estimate that 85 hours to provide written documentation institutions’ determinations of a State private institutions will require 43 of their basis for a location location for a student. We estimate that hours to provide written documentation determination for a student as requested 93 public institutions will require 47 of their basis for a location by the Secretary.

The estimated burden for § 600.9 is Section 602.12—Accrediting Experience 1 hour to inform the Department that it 2,809 hours under OMB Control has expanded its geographic scope and Requirements Number 1845–0144. The estimated to disclose the information publicly on institutional cost is $127,416 based on The Department proposes requiring its website. However, overall burden $45.36 per hour for Postsecondary under § 602.12(b)(1) that an accrediting would decrease because an agency Education Administrators, from the agency notify the Department of its would no longer need to request such an 2019 Bureau of Labor Statistics geographic expansion and to publicly expansion be approved by the Occupational Outlook Handbook. disclose it on its website. Department, which takes, on average, 20 hours. The Department has received, on Burden Calculation average, one such request annually. Under § 602.12(b)(1), we estimate The estimated burden under § 602.12 that, on average, it would take an agency would increase by 1 hour [1 × 1] under

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.018 EP12JN19.019 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27461

OMB Control Number 1840–0788. In programs or locations within and clarity to teach-out plans and addition, in absence of an ICR for institutions accountable. agreements and new provisions expansion of scope, we estimate, on The Department proposes revisions to regarding when they will be required, average, burden reduction under substantive change regulations to what they must include, and what § 602.12 would be 19 hours [1 × (20–1)] provide accrediting agencies more accrediting agencies must consider under OMB Control Number 1840–0788. flexibility to focus on the most before approving them. The estimated institutional cost is important changes. Under Under § 602.24(f), we propose that $45.36 based on $45.36 per hour for § 602.22(a)(3)(i), we propose to have agencies adopt and apply the definitions Postsecondary Education accrediting agencies’ decision-making of ‘‘branch campus’’ and ‘‘additional Administrators, from the 2019 Bureau of bodies designate agency senior staff location’’ in 34 CFR 600.2, and on the Labor Statistics Occupational Outlook members to approve or disapprove Secretary’s request, conform its Handbook. certain substantive changes. Under designations of an institution’s branch § 602.22(a)(3)(ii), we propose a 90-day campuses and additional locations with Section 602.18—Ensuring Consistency timeframe (180 days for those with the Secretary’s if it learns its in Decision-Making; Section 602.20— significant circumstances) for designations diverge. We propose this Enforcement of Standards; Section accrediting agencies to make final change to standardize the use of these 602.22—Substantive Changes and Other decisions about substantive changes terms and alleviate misunderstandings. Reporting; Section 602.23—Operating involving written arrangements for Under § 602.26(b), we propose that Procedures All Agencies Must Have; provision of 25 to 50 percent of a accrediting agencies provide written Section 602.24—Additional Procedures program by a non-eligible entity. Under notice of a final decision of a probation Certain Institutional Agencies Must § 602.22(b), we propose two additional or equivalent status, or an initiated Have; and Section 602.26—Notifications substantive changes for which an adverse action to the Secretary, the of Accrediting Decisions: All Related to institution placed on probation or appropriate State licensing or Proposed Accreditation Agency Policy equivalent status must receive prior authorizing agency, and the appropriate Changes approval and for which other accrediting agencies at the same time it Requirements institutions must provide notice to the notifies the institution or program of the accrediting agency. Under decision. We further propose to require Under § 602.18(a)(6), we propose that § 602.23(f)(1)(ii), we propose that the institution or program to disclose accrediting agencies publish any agencies require that all preaccredited such an action within seven business policies for retroactive application of an institutions have a teach-out plan that days of receipt to all current and accreditation decision. The policies ensures students completing the teach- prospective students. must not provide for an effective date out would meet curricular requirements that predates an earlier denial by the for professional licensure or Burden Calculation agency of accreditation or certification, if any. We further propose Under § 602.18(a)(6), § 602.20(a)(2), preaccreditation to the institution or in this section to require that the teach- § 602.20(b), § 602.20(d), § 602.22(a)(3)(i), program or the agency’s formal approval out plan includes a list of academic § 602.22(a)(3)(ii), § 602.22(b), of the institution or program for programs offered by the institution, as § 602.23(f)(1)(ii), § 602.24(a), § 602.24(c), consideration in the agency’s well as the names of other institutions § 602.24(f), and § 602.26(b), we estimate accreditation or preaccreditation that offer similar programs and that that, on average, an agency would need process. could potentially enter into a teach-out 12 hours to develop policies regarding Under § 602.20(a)(2), we propose that agreement with the institution. submitting written documentation to the accrediting agencies provide institutions Under proposed § 602.24(a), we Secretary, which includes obtaining or programs with written timelines for propose that agencies not require an approval from its decision-making coming into compliance, which may institution’s business plan, submitted to bodies, updating its policies and include intermediate checkpoints as the the Department, to describe the procedures manual, distributing the institutions progress to full compliance. operation, management, and physical new policies to its institutions, and Under § 602.20(b), we propose that resources of the branch campus and training agency volunteers on the accrediting agencies have a policy for remove the requirement that an agency changes. taking immediate adverse action when may only extend accreditation to a Collectively, the one-time estimated warranted. We propose both changes to branch campus after the agency burden for § 602.18(a)(6), § 602.20(a)(2), remove overly prescriptive timelines for evaluates the business plan and takes § 602.20(b), § 602.20(d), § 602.22(a)(3)(i), accrediting agencies that will emphasize whatever other actions it deems § 602.22(a)(3)(ii), § 602.22(b), acting in the best interest of students necessary to determine that the branch § 602.23(f)(1)(ii), § 602.24(a), § 602.24(c), rather than merely acting swiftly. campus has enough educational, § 602.24(f), and § 602.26(b), is 636 hours Under § 602.20(d), we propose to add financial, operational, management, and (53 × 12) under OMB Control Number that accrediting agencies could limit physical resources to meet the agency’s 1840–0788. The estimated institutional adverse actions to specific programs or standards. cost is $28,849 based on $45.36 per hour additional locations without taking Under § 602.24(c), we propose new for Postsecondary Education action against the entire institution. requirements for teach-out plans and Administrators, from the 2019 Bureau of This change would provide accrediting teach-out agreements. We propose these Labor Statistics Occupational Outlook agencies with more tools to hold changes to add additional specificity Handbook.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27462 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Section 602.22—Substantive Changes accreditation or substantive change out plans and teach-out agreements, and Other Reporting Requirements decisions. including when an agency must require them and what elements must be Requirements Burden Calculation included. Under 602.22(a)(3)(i), for certain Under § 602.23(a)(2), we estimate that, Proposed § 602.24(f) would remove substantive changes, the agency’s on average, it would take an agency a the requirement that an agency conduct decision-making body may designate one-time effort of 2 hours to make its an effective review and evaluation of the agency senior staff to approve or application procedures publicly reliability and accuracy of the disapprove the request. available. We anticipate that accrediting institution’s assignment of credit hours. agencies will use their websites to Burden Calculation comply, but any reasonable method is Burden Calculation Although a formal ICR does not exist acceptable if the information is available We believe the requirements under under §§ 602.22(a)(3)(i), we estimate to the public. § 602.24 that are being deleted are that we would save time, on average, by The estimated one-time burden for unnecessarily prescriptive and 6 hours given that a designated agency § 602.23 is 106 hours (53 × 2) under administratively burdensome without staff member could approve or OMB Control Number 1840–0788. The adding significant assurance that the disapprove certain substantive changes estimated institutional cost is $4,808 agency review will result in improved in place of decision-making bodies. based on $45.36 per hour for accountability or protection for students The estimated amount of time saved Postsecondary Education or taxpayers. under § 602.22(a)(3)(i) is 318 hours [53 Administrators, from the 2019 Bureau of Institutional accreditors reviewed and × ¥ ( 6)] under OMB Control Number Labor Statistics Occupational Outlook extended accreditation to 53 branch 1840–0788. There is no estimated Handbook. campuses in 2018; and 26 to date in institutional cost under § 602.22(a)(3)(i), Section 602.24—Additional Procedures 2019. Given these figures, we estimate but we believe that there would be an Certain Institutional Agencies Must that under proposed 602.24(a), an overall savings of $14,424.48 for Have agency would save, on average, three agencies. hours ([2 hours × 53 business plans = Requirements Section 602.23—Operating Procedures 106]/36 institutional accreditors = 3 All Agencies Must Have Under proposed § 602.24(a), agencies hours) not reviewing business plans for would not have to require an branch campus applications. Under Requirements institution’s business plan, submitted to 602.24(c), we estimate that an agency Under § 602.23(a)(2), we propose to the Department, to describe the would need, on average, an additional require that accrediting agencies make operation, management, and physical hour to review the extra requirements publicly available the procedures that resources of the branch campus and we for teach out plans and teach out institutions or programs must follow in would remove the requirement that an agreements of their Title IV gatekeeping applying for substantive changes. While agency may only extend accreditation to institutions (1 hour × 5,347 institutions). we are aware that some agencies a branch campus after the agency Accreditors review their institutions voluntarily make such procedures evaluates the business plan and takes at different intervals with a maximum of publicly available, we propose to whatever other actions it deems 10 years. Using a five-year interval as an require it. We further propose to require necessary to determine that the branch ‘‘mean’’, agencies would review and that the agencies make publicly campus has enough educational, evaluate credit hours of 5,347 Title IV available the sequencing of steps financial, operational, management, and gatekeeping institutions every five relative to any applications or decisions physical resources to meet the agency’s years. Under 602.24(f), we estimate that required by States or the Department standards. Proposed § 602.24(c) would accrediting agencies have conducted the relative to the agency’s preaccreditation, establish new requirements for teach- one-time review and evaluation of 80

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00060 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.020 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27463

percent (4,277) of their institutions’ average, added burden of 5,347 hours (1 Postsecondary Education credit hours given the requirement × 5,347); and 2,246 saved hours (106 + Administrators, from the 2019 Bureau of became effective eight years ago (2011) 2,140) if an ICR was associated with the Labor Statistics Occupational Outlook leaving, no more than likely, 20 percent proposed changes to lift required review Handbook. (1,070) of institutions’ credit hours to be of institutions’ business plans and credit reviewed and evaluated. hours. Collectively, under 602.24(a), The estimated institutional cost is 602.24(c), and 602,24(f), we estimate, on $242,540 based on $45.36 per hour for

TABLE 4—SUMMARY OF PROPOSED BURDEN AND HOURS SAVED FOR ADDITIONAL PROCEDURES CERTAIN INSTITUTIONAL AGENCIES MUST HAVE

Branch Changes Hours campus Total burden Hours saved

Business Plans—Applications ...... 2 53 ...... 106 Teachout Plans & Agreements ...... 1 5,347 5,347 ...... Credit Hours ...... 2 × 5,347 × .20 ...... 2,140

Total ...... 1 ...... 5,347 2,246

Section 602.31—Agency Applications help prevent public disclosure of that average, it would take an agency 5.37 and Reports To Be Submitted to the sensitive information. hours to comply with the proposed redaction requirements under Department Burden Calculation § 602.31(f). Requirements In FY 2018, the Department closed 10 The estimated burden for § 602.31 is Given the increased number of FOIA requests that were associated with 285 hours ([285 hours/53 agencies] = Freedom of Information Act (FOIA) accreditation. The estimated 5.37) under OMB Control Number calculations are based on the time 1840–0788. The estimated institutional requests, in § 602.31(f), we propose to Department staff spent redacting PII, not cost is $12,928 based on $45.36 per hour require that accrediting agencies redact the total time staff used to conduct for Postsecondary Education personally identifiable information and searches and process the requests. Using Administrators, from the 2019 Bureau of other sensitive information prior to the FY 2018 FOIA data related to Labor Statistics Occupational Outlook sending documents to the Department to accreditors, we estimate that, on Handbook.

TABLE 5—SUMMARY OF BURDEN FOR ACCREDITORS TO REDACT PII

Hours Cost per hour Total burden Per agency

Total ...... 285 $45.36 $12,928 $244

Section 602.32—Procedures for agency plans to consider for an award Section 602.36—Senior Department Applying for Recognition, Renewal of of initial or renewed accreditation over Official’s Decision Recognition, or for Expansion of Scope, the next year or, if none, over the Requirements Compliance Reports, and Increases in succeeding year, and any institutions Enrollment subject to compliance reports or Under proposed § 602.36(f), the senior Requirements reporting requirements. Also, under Department official (SDO) would § 602.32(j)(1), we anticipate that, on determine whether an agency is Under § 602.32(a), we propose average, it would take an agency 20 compliant or substantially compliant, specifying what accrediting agencies hours to compose and submit a request which would give accrediting agencies preparing for recognition renewal would for an expansion of scope of recognition. opportunities to make minor submit to the Department 24 months modifications to reflect progress toward Over the last five years, the prior to the date their current full compliance using periodic Department has received fewer than five recognition expires. Under monitoring reports. § 602.32(j)(1), we propose outlining the requests for expansion of scope. Burden Calculation process for an agency seeking an The estimated burden for § 602.32 is × × expansion of scope, either as a part of 179 hours (53 3) + (1 20) under OMB If we determine that an agency is the regular renewal of recognition Control Number 1840–0788. The substantially compliant, the SDO could process or during a period of estimated institutional cost is $8,119 allow the agency to submit periodic recognition. based on $45.36 per hour for monitoring reports for review by Burden Calculation Postsecondary Education Department staff in place of the Administrators, from the 2019 Bureau of currently used compliance report; the Under § 602.32(a), we anticipate that, Labor Statistics Occupational Outlook compliance report, requires a review by on average, it would take an agency 3 Handbook. the NACIQI, attendance at one of its bi- hours to gather, in conjunction with annual meetings, and conceivably materials required by § 602.31(a), a list comments filed with the SDO and an of all institutions or programs that the appeal to the Secretary. From 2014

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00061 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27464 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

through 2018, the Department reviewed that, on average, the proposed changes completes its application for renewal of 17 compliance reports. Under proposed would save an agency 72 hours for recognition by the Secretary. § 602.36(f) these 17 compliance reports travel and meeting attendance, given we We estimate that, on average, the could have had the following would not require attendance at one of burden for § 602.36 would increase 8 designations: Five monitoring reports NACIQI’s bi-annual meetings unless the hours (1 × 8) under OMB Control (one annually); two requiring both agency does not address the initial areas Number 1840–0788. However, compliance and monitoring reports (less of noncompliance satisfactorily through considering the time saved for travel, we than one annually); and 10 (two the use of monitoring reports. However, estimate (72 ¥ 8 = 64) 64 saved hours annually) as compliance reports. Using if we require an accrediting agency to overall. The estimated institutional cost data from our findings during reviews, submit both a monitoring report and a is $363 based on $45.36 per hour for we anticipate that proposed changes compliance report, we estimate that the Postsecondary Education would reduce the burden on an agency. proposed changes in § 602.36(f) would Administrators, from the 2019 Bureau of If an accrediting agency is required to increase the burden for an accrediting Labor Statistics Occupational Outlook submit a monitoring report, we estimate agency by 8 hours as the agency Handbook.

TABLE 6—SUMMARY OF BURDEN AND HOURS SAVED USING MONITORING REPORTS

Report type Number Hours Total burden Hours saved

Monitoring ...... 1 72 ...... 72 Mont. & Comp...... 1 8 8 ......

Section 668.26 End of an Institution’s notify the Secretary of its plans to institution’s State authorizing body or Participation in the Title IV, HEA conduct an orderly closure in the accrediting agency. Programs accordance with its accrediting agency, Burden Calculation teach out its students, agree to abide by Requirements the conditions of the program We estimate that, on average, an Under proposed § 668.26, the participation agreement in place prior to institution would need 5 hours to draft, Secretary may permit an institution that the end of participation, and provide and finalize for the appropriate has ended its participation in title IV written assurances of the health and institutional management signature, the programs to continue to originate, safety of the students, the adequate written request for extension of award, or disburse title IV funds for up financial resources to complete the eligibility from the Secretary. We to 120 days under specific teach-out and the institution is not anticipate that 5 institutions may utilize circumstances. The institution must subject to adverse action by the this opportunity annually.

TABLE 7—§ 668.26

Time per Respondent Responses response Total hours (hours)

Public ...... 1 5 = 5 Private ...... 2 5 = 10 Proprietary ...... 2 5 = 10

...... = 25

The estimated burden for § 668.26 is required to disclose, for each State, institution itself provides all or part of 25 hours under OMB Control Number whether the program did or did not a program be included in the 1845–NEW1. The estimated meet such requirements, or whether the description of that program. institutional cost is $1,134 based on institution had not made such a The proposed regulations would add $45.36 per hour for Postsecondary determination. disclosure requirements that are in The proposed regulations in Education Administrators, from the statute but not reflected fully in the 2019 Bureau of Labor Statistics § 668.43(a)(11) would revise the regulations as well as new disclosure Occupational Outlook Handbook. information about an institution’s transfer of credit policies to require the requirements. These disclosures would Section 668.43—Institutional disclosure of any types of institutions include: In § 668.43(a)(13), the Information from which the institution will not percentage of the institution’s enrolled students disaggregated by gender, race, Requirements accept transfer credits. Institutions would also be required to disclose any ethnicity, and those who are Pell Grant The proposed regulations in written criteria used to evaluate and recipients; in § 668.43(a)(14) placement § 668.43(a)(5) would require an award credit for prior learning in employment of, and types of institution to disclose whether the experience. employment obtained by, graduates of program would fulfill educational The proposed regulations in the institution’s degree or certificate requirements for licensure or § 668.43(a)(12) would require programs; in § 668.43(a)(15) the types of certification if the program is designed institutions to provide disclosures graduate and professional education in to or advertised as meeting such regarding written arrangements under which graduates of the institution’s requirements. Institutions would be which an entity other than the four-year degree programs enrolled; in

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00062 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27465

§ 668.43(a)(16) the fire safety report requirements in that State had not been institutions offered 134,387 programs, prepared by the institution pursuant to made. We would also require an private institutions offered 70,678 § 668.49; in § 668.43(a)(17) the retention institution to make a similar disclosure programs, and proprietary institutions rate of certificate- or degree-seeking, to a student who was enrolled in a offered 21,668 programs. first-time, full-time, undergraduate program previously meeting those For § 668.43(a)(5)(v), we estimate that students; and in § 668.43(a)(18) requirements which ceased to meet the five percent or 11,337 of all programs institutional policies regarding educational requirements for licensure would be designed for specific vaccinations. in that State. The proposed regulations The proposed regulations in would hold the institutions responsible professional licenses or certifications § 668.43(a)(19) would require an for establishing and consistently required for employment in an institution to disclose to students if its applying policies for determining the occupation or is advertised as meeting accrediting agency requires it to State in which each of its students is such State requirements. We further maintain a teach-out plan under located. Such a determination would estimate that it would take an § 602.24(c)(1), and to indicate the reason have to be made at the time of initial institution an estimated 50 hours per why the accrediting agency required enrollment, and upon receipt of program to research individual State such a plan. information from the student, in requirements, determine program The proposed regulations in accordance with institutional policies, compatibility and provide a listing of § 668.43(a)(20) would require that an that his or her location had changed to the States where the program institution disclose students if it is another State. The proposed regulations curriculum meets the State aware that it is under investigation by require institutions to provide the requirements, where it does not meet a law enforcement agency for an issue Secretary, on request, with written the State requirements, or list the States related to academic quality, documentation of its determination where no such determination has been misrepresentation, fraud, or other severe regarding a student’s location. made. We base this estimate on matters. Burden Calculation institutions electing not to research and The proposed regulations would add report licensing requirements for States a new paragraph (c) requiring an We anticipate that most institutions in which they had no enrollment or institution to make direct disclosures to will provide this disclosure information expressed interest. Additionally, we individual students in certain electronically on either the general believe that some larger institutions and circumstances. Institutions would be institution website or individual associations have gathered such data required to disclose to a prospective program websites as required. Using student that the program in which they data from the National Center for and have shared it with other intended to enroll did not meet the Educational Statistics, there were institutions so there is less burden as educational requirements for licensure approximately 226,733 certificate and the research has been done. in the State in which the student was degree granting programs in 2017 The estimated burden for located, or if such a determination of identified for the public, private and § 668.43(a)(5)(v) would be 556,850 whether the program met the licensure proprietary sectors. Of those, public hours 1845–NEW1.

For § 668.43(a)(11) through (20), we develop and post on institutional or § 668.43(a)(13) through (20) would be estimate that it would take institutions programmatic websites the required 10,694 hours 1845–NEW1. an average of 2 hours to research, information. The estimated burden for

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00063 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.021 27466 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

For § 668.43(c), we anticipate that would provide this information of 4 hours for the institutions to disclose institutions would provide this electronically to enrolled students when this information to prospective and information electronically to a determination has been made that the enrolled students for a total of 6 hour of prospective students regarding the program’s curriculum no longer meets burden. We estimate that five percent of determination of a program’s State requirements. We estimate that the institutions would meet the criteria curriculum to meet State requirements institutions would take an average of 2 to require these disclosures. The for students located in that State or if no hours to develop the language for the estimated burden for § 668.43(c) would such determination has been made. individualized disclosures. We estimate be 1,602 hours 1845–NEW1. Likewise, we anticipate that institutions that it would take an additional average

The total estimated burden for 668.50—Institutional Disclosures for education or correspondence courses proposed § 668.43 would be 579,146 Distance or Correspondence Programs were required to provide to students enrolled or seeking enrollment in such hours under OMB Control Number Requirements 1845–NEW1. The estimated programs. These disclosures included institutional cost is $26,270,062.56 The proposed regulatory package will whether the distance education program based on $45.36 per hour for remove and reserve the current was authorized by the State where the Postsecondary Education regulatory requirements in § 668.50. student resided, if the institution was part of a State reciprocity agreement and Administrators, from the 2019 Bureau of Burden Calculation Labor Statistics Occupational Outlook consequences of a student moving to a The proposed regulatory package will Handbook. State where the institution did not meet remove and reserve the current State authorization requirements. Other regulatory requirements in § 668.50. disclosures covered the process of This removes seven public disclosures submitting a complaint to the that institutions offering distance appropriate State agency where the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00064 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.022 EP12JN19.023 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27467

main campus is located, process of provided within 30 days of when the Consistent with the discussion above, submitting a complaint if the institution institution became aware of the action; the following chart describes the is covered under a State reciprocity and, a notice of the institution’s sections of the proposed regulations agreement, disclosure of adverse actions determination the distance education involving information collection, the initiated by the institution’s State entity program no longer meets the information being collected and the related to distance education, disclosure prerequisites for licensure or collections that the Department will of adverse actions initiated by the certification of a State. This disclosure submit to OMB for approval and public institution accrediting agency, the had to be made within seven days of comment under the PRA, and the disclosure of any refund policy required such a determination. estimated costs associated with the by any State in which the institution information collections. The monetized enrolls a student, and disclosure of The removal of these regulations net costs of the increased burden on whether the distance education program would eliminate the burden as assessed meets the applicable prerequisites for § 668.50 which is associated with OMB institutions and accrediting agencies professional licensure or certification in Control Number 1845–0145. The total using wage data developed using the State where the student resides, if burden hours of 152,405 currently in the Bureau of Labor Statistics data, available such a determination has been made. information collection 1845–0145 will at https://www.bls.gov/ooh/ Also, there were two disclosures that be discontinued upon the final effective management/postsecondary-education- were required to be provided directly to date of the regulatory package. The adminstrators.htm is $26,696,265 as currently enrolled and prospective estimated institutional cost savings is shown in the chart below. This cost is students in either distance education. $¥6,913,091 based on $45.36 per hour based on the estimated hourly rate of Those disclosures included notice of an for Postsecondary Education $45.36 for institutions and accrediting adverse action taken by a State or Administrators, from the 2019 Bureau of agencies. accrediting agency related to the Labor Statistics Occupational Outlook BILLING CODE 4000–01–P distance education program and Handbook.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00065 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27468 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

Collection Information

Regulatory Section Information Collection OMB Control Estimated Estimated Number and costs savings estimated absent ICR burden requirement

§ 600.9(c) (1) (ii) (A) Institution must OMB 1845-0144 $127,417 § 600.9(c) (l) (ii) (B) determine in which We estimate State authorization. State a student is that the burden located while enrolled would increase in a distance education by 2,809 hours. or correspondence course when the institution participates in a State authorization reciprocity agreement under which it is covered in accordance with the institution's policies and procedures, and make such determinations consistently and apply them to all students.

Institution must, upon request, provide the Secretary with written documentation of its determination of a student's location, including the basis for such determination.

§ 602.12(b) (1) Agency would notify the OMB 1840-0788 $45 \'ile estimate Accrediting Department of a vile estimate that, on experience. geographic expansion that the burden average, and publicly disclose would increase agencies it on the agency's by 1 hour. would save website, without 19 hours requesting permission. given they would inform the Department of a geographic expansion rather than request it, amounting to a $861.84 savings.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.024 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27469

§ 602.18(a) (6) Agency would publish OMB 1840-0788 $28,849 Ensuring consistency and distribute new vile estimate in decision-making. policies, with detailed that the burden requirements. would increase § 602.20(a) (2); by 636 hours. § 602.20(b) § 602.20(d) Enforcement of standards.

§ 602.22 (a) (3) (i) § 602.22 (a) (3) (ii) § 602.22(b) Substantive changes and other reporting requirements.

§ 602.23(f) (1) (ii) Operating procedures all agencies must have.

§ 602.24(a) § 602.24(c) § 602.24(f) Additional procedures certain institutional agencies must have.

§ 602.26(b) Notifications of accrediting decisions. § 602.22 (a) (3) (i) Agency would designate \'ile estimate Substantive changes a staff member to agencies and other reporting approve or disapprove would save, requirements. certain substantive on average, changes. 318 hours, given designated substantive approvals could be determined by a senior staff member in place of the now required decision­ making body, amounting to $14,424.48. § 602.23(a) (2) Agency would make OMB 1840-0788 $4,808 § 602.23(f) (1) (ii) publicly available the vile estimate Operating procedures procedures that that the burden all agencies must institutions or would increase

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.025 27470 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

have. programs must follow in by 106 hours. applying for accreditation, preaccreditation, or substantive changes and the sequencing of those steps relative to any applications or decisions required by States or the Department relative to the agency's preaccreditation, accreditation or substantive change decisions; require that all preaccredited institutions have a teach-out plan with specific requirements. § 602.24 Agency would delete OMB 1840-0788 $242,540 \'ile estimate Additional procedures existing credit hour vile estimate that certain institutional policy requirements and that the burden agencies agencies must have. overly prescriptive would increase would save language; and add new by 5,347 hours. overall, on language with average, definition 2246 hours clarifications. given the proposed regulation would delete existing requirements related to evaluating credit hours amounting to a $101,878.56 savings. § 602.31(f) Agency would redact OMB 1840-0788 $12,928 Agency applications personally identifiable Vile estimate and reports to be information and other that the burden submitted to the sensitive information would increase Department. prior to sending by 285 hours. documents to the Department. § 602.32(a) Specifies what OMB 1840-0788 $8,119 § 602.32(j) (1) accrediting agencies vile estimate Procedures for preparing for that the burden applying for recognition renewal would increase recognition, renewal would submit to the by 179 hours. of recognition, or Department 24 months for expansion of prior to the date their scope, compliance current recognition reports, and expires; outlines the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.026 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27471

increases in process for an agency enrollment. seeking an expansion of scope, either as a part of the regular renewal of recognition process or during a period of recognition. § 602.36(f) Senior Senior Department OMB 1840-0788 $363 The increase Department official's Official would vile estimate in burden decision. determine whether an that the burden does not agency is compliant or would increase reflect the substantially by 8 hours. time saved compliant, which would for give accrediting preparing agencies opportunities and to make minor attending modifications to NACIQI reflect progress toward meetings. We full compliance using estimate periodic monitoring that there reports. would be 72 hours saved, on average, amounting to $3,265.92. § 668.26 End of an Secretary may permit an OMB 1845-NEvill $1,134 institution's institution that has vile estimate participation in the ended its participation that the burden Title IV, HEA in title IV programs to would increase programs. continue to originate, by 25 hours. award, or disburse title IV funds for up to 120 days under specific circumstances. The institution must notify the Secretary of its plans to conduct an orderly closure in accordance with its accrediting agency, teach out its students, agree to abide by the conditions of the program participation agreement in place prior to the end of participation, and provide written assurances of the health and safety of the students, the adequate financial resources to complete the teach-out and the institution is not subject to adverse action by the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00069 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.027 27472 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

institution's State authorizing body or the accrediting agency. § 668.43(a)(5) The proposed OMB 1845-NEWl $25,712,316 Institutional regulations would 1i\le estimate information. require an institution that the burden to disclose whether a would increase program would fulfill by 566,850 educational hours. requirements for licensure or certification if the program is designed to or advertised as meeting such requirements. Institutions would be required to disclose, for each State, whether the program did or did not meet such requirements, or whether the institution had not made such a determination. § 668.43(a) (11) The proposed OMB 1845-NEWl $485,080 through ( 2 0) regulations would add We estimate Institutional disclosure requirements that the burden information. that are in statute but would increase not reflected fully in by 10,694 the regulations as well hours. as new disclosure requirements. § 668.43(c) The proposed OMB 1845-NEWl $72,667 Institutional regulations would We estimate information. require direct that the burden disclosure to would increase individual students in by 1,602 hours. circumstances where an offered program no longer met the education requirements for licensure in a State where a prospective student was located, as well as to students enrolled in a program that ceased to meet such requirements. § 668.50 The proposed OMB 1845-0145 This Institutional regulations would 1i\le estimate a represents Disclosure for remove and reserve this decrease of a cost. Distance or section. The proposed 152,405. This savings of Correspondence regulations have move collection $- Programs. some of the disclosure would be 6,913,091. requirements from this discontinued section to 668.43. upon the final Other requirements have effective date been deemed of the duplicative. regulatory package.

BILLING CODE 4000–01–C Control number affected by the The total burden hours and change in regulations follows: burden hours associated with each OMB

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00070 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.028 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27473

If you want to comment on the whether the information will have Regulatory Flexibility Act Certification proposed information collection practical use; The Secretary proposes to certify that requirements, please send your • Evaluating the accuracy of our these proposed regulations would not comments to the Office of Information estimate of the burden of the proposed have a significant economic impact on and Regulatory Affairs, OMB, Attention: collections, including the validity of our a substantial number of small entities. Desk Officer for U.S. Department of methodology and assumptions; Of the entities that would be affected Education. Send these comments by • Enhancing the quality, usefulness, by the proposed regulations, many email to [email protected] and clarity of the information we institutions are considered small. The or by fax to (202) 395–6974. You may collect; and Department recently proposed a size also send a copy of these comments to • classification based on enrollment using the Department contact named in the Minimizing the burden on those IPEDS data that established the ADDRESSES section of this preamble. who must respond. This includes percentage of institutions in various exploring the use of appropriate We have prepared an Information sectors considered to be small entities, automated, electronic, mechanical, or Collection Request (ICR) for these as shown in Table [6].19 This size other technological collection collections. In preparing your comments classification was described in the techniques. you may want to review the ICR, which NPRM published in the Federal is available at www.reginfo.gov. Click on OMB is required to make a decision Register July 31, 2018 for the proposed Information Collection Review. These concerning the collection [collections] borrower defense rule (83 FR 37242, proposed collections are identified as of information contained in these 37302). The Department has discussed proposed collections 1840–0788, 1845– proposed regulations between 30 and 60 the proposed standard with the Chief 0012, 1845–0144, 1845–0145, and 1845– days after publication of this document Counsel for Advocacy of the Small NEW1. in the Federal Register. Therefore, to Business Administration, and while no ensure that OMB gives your comments change has been finalized, the We consider your comments on these full consideration, it is important that Department continues to believe this proposed collections of information in— OMB receives your comments by July approach better reflects a common basis • Deciding whether the proposed 12, 2019. This does not affect the for determining size categories that is collections are necessary for the proper deadline for your comments to us on the linked to the provision of educational performance of our functions, including proposed regulations. services.

19 U.S. Department of Education, National Center Education Data System 2016 Institutional downloaded March 3, 2018. Available at for Education Statistics. Integrated Postsecondary Characteristics: Directory Information survey file nces.ed.gov/ipeds/datacenter/DataFiles.aspx.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00071 Fmt 4701 Sfmt 4725 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 EP12JN19.030 EP12JN19.031 27474 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

However, the proposed regulations government overseeing a population persons] listed under FOR FURTHER are not expected to have a significant below 50,000. INFORMATION CONTACT. The Department does not have economic impact on small entities. Electronic Access to This Document: revenue information for accreditors and Nothing in the proposed regulations The official version of this document is believes most are organized as nonprofit would compel institutions, small or not, the document published in the Federal to engage in substantive changes to entities that are defined as ‘‘small Register. You may access the official programs that would trigger reporting to entities’’ if they are independently edition of the Federal Register and the accrediting agencies or the Department. owned and operated and not dominant The proposed regulations would in their field of operation. While Code of Federal Regulations at consolidate or relocate several dominance in accreditation is hard to www.govinfo.gov. At this site you can institutional disclosures and add determine, as it currently stands, the view this document, as well as all other disclosure requirements under § 668.43, Department believes regional documents of this Department including disclosures relating to accreditors are dominant within their published in the Federal Register, in whether a program meets requirements regions and programmatic accreditors text or Adobe Portable Document for licensure, transfer of credit policies, very often have dominance in their Format (PDF). To use PDF, you must written criteria to evaluate and award field. Therefore, we do not consider the have Adobe Acrobat Reader, which is credit for prior learning experience, and 53 accrediting agencies to be small available free at the site. written agreements under which an entities, but we welcome comments on You may also access documents of the this determination and will consider entity other than the institution itself Department published in the Federal any information received in evaluating provides all or part of a program. The Register by using the article search proposed regulations would also add the final regulations. Even if the accrediting agencies were feature at: www.federalregister.gov. disclosure requirements that exist in Specifically, through the advanced statute but are not currently reflected in considered small entities, the proposed regulations are designed to grant them search feature at this site, you can limit the regulations, including: (1) The your search to documents published by percentage of the institution’s enrolled greater flexibility in their operations and the Department. students who are Pell Grant recipients, reduce their administrative burden so they can focus on higher risk changes to disaggregated by race, ethnicity, and List of Subjects gender; (2) placement in employment of, institutions and programs. Nothing in and types of employment obtained by, the proposed regulations would require 34 CFR Part 600 accrediting agencies to expand their graduates of the institution’s degree or Colleges and universities, Foreign certificate programs if its accrediting operations or take on new institutions, but they would give them that relations, Grant programs—education, agency or State required it to calculate Loan programs—education, Reporting such rates; (3) the types of graduate and opportunity. There could even be and recordkeeping requirements, professional education in which potential opportunities for accreditors Student aid, Vocational education. graduates of the institution’s four-year that are small entities to develop in degree programs enrolled; (4) the fire specialized areas and potentially grow. Thus, the Department believes small 34 CFR Part 602 safety report prepared by the institution entities would experience regulatory pursuant to § 668.49; (5) the retention Colleges and universities, Reporting relief and a positive economic impact as rate of certificate- or degree-seeking, and recordkeeping requirements. a result of these proposed regulations first-time, full-time, undergraduate with effects that will develop over years 34 CFR Part 603 students; and (6) institutional policies as accrediting agencies and institutions regarding vaccinations. The small decide how to react to the changes in Colleges and universities, Vocational institutions that have distance the proposed regulations. education. education or correspondence programs would benefit from the elimination of Federalism 34 CFR Part 654 the disclosure requirement related to the Executive Order 13132 requires us to Grant programs-education, Reporting complaints process. Across all ensure meaningful and timely input by and recordkeeping requirements, institutions, the net result of the State and local elected officials in the Scholarships and fellowships. institutional disclosure changes is development of regulatory policies that $19,485,522 and there is no reason to have federalism implications. 34 CFR Part 668 believe the burden would fall ‘‘Federalism implications’’ means disproportionately on small institutions. substantial direct effects on the States, Administrative practice and Using the 57 percent figure for small on the relationship between the procedure, Colleges and universities, institutions in Table 6, the estimated National Government and the States, or Consumer protection, Grant programs— cost of the disclosures in the proposed on the distribution of power and education, Loan programs—education, regulations for small institutions is responsibilities among the various Reporting and recordkeeping $11,106,748. Institutions of any size levels of government. The proposed requirements, Selective Service System, would benefit from the opportunity to regulations in 600, 602, 603, and 668 Student aid, Vocational education. seek out a different or additional may have federalism implications. We Dated: June 7, 2019. accreditation in a timeframe that suits encourage State and local elected Betsy DeVos, them, but there is no requirement to do officials to review and provide so. comments on these proposed Secretary of Education. The other group affected by the regulations. For the reasons discussed in the proposed regulations are accrediting Accessible Format: Individuals with preamble, the Secretary of Education agencies. The State agencies that act as disabilities can obtain this document in proposes to amend parts 600, 602, 603, accreditors are not small, as public an accessible format (e.g., braille, large 654, and 668 of title 34 of the Code of institutions are defined as ‘‘small print, audiotape, or compact disc) on Federal Regulations as follows: organizations’’ if they are operated by a request to the person [one of the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00072 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27475

PART 600—INSTITUTIONAL the governing body of an institution of dispute involving an adverse action, ELIGIBILITY UNDER THE HIGHER postsecondary education and that such as the final denial, withdrawal, or EDUCATON ACT OF 1965, AS includes, refers to, or is predicated upon termination of accreditation, to AMENDED religious tenets, beliefs, or teachings. arbitration before initiating any other * * * * * legal action. ■ 1. The authority citation for part 600 Teach-out: A period of time during (e) For purposes of this section, a continues to read as follows: which a program, institution, or ‘‘program leading to a baccalaureate Authority: 20 U.S.C. 1001, 1002, 1003, institutional location that provides 100 degree in liberal arts’’ is a program that 1088, 1091, 1094, 1099b, and 1099c, unless percent of at least one program engages is a general instructional program falling otherwise noted. in an orderly closure or when, following within one or more of the following ■ 2. Section 600.2 is amended by: the closure of an institution or campus, generally accepted instructional ■ a. Adding in alphabetical order a another institution provides an categories comprising such programs, definition for ‘‘additional location’’; opportunity for the students of the but including only instruction in regular ■ b. Revising the definition of ‘‘Branch closed school to complete their programs, and excluding independently Campus’’; program, regardless of their academic designed programs, individualized ■ c. Adding in alphabetical order a progress at the time of closure. Eligible programs, and unstructured studies: definition for ‘‘preaccreditation’’; borrowers should never be prevented (1) A program that is a structured ■ d. Removing the definition of from accessing closed school discharge, combination of the arts, biological and ‘‘preaccredited’’; as provided in 34 CFR 685.214, instead physical sciences, social sciences, and ■ e. Adding in alphabetical order of a teach-out. Any institution is humanities, emphasizing breadth of definitions for ‘‘religious mission’’, prohibited from engaging in study. ‘‘teach-out’’, and ‘‘teach-out agreement’’; misrepresentation about the nature of (2) An undifferentiated program that and the teach-out plans, teach-out includes instruction in the general arts ■ f. Revising the definition of ‘‘teach-out agreements, and transfer of credit. or general science. plan’’. Teach-out agreement: A written (3) A program that focuses on The additions and revisions read as agreement between institutions that combined studies and research in follows: provides for the equitable treatment of humanities subjects as distinguished § 600.2 Definitions. students and a reasonable opportunity from the social and physical sciences, for students to complete their program emphasizing languages, literature, art, * * * * * music, philosophy, and religion. Additional location: A facility that is of study if an institution, or an (4) Any single instructional program geographically apart from the main institutional location that provides 100 in liberal arts and sciences, general campus of the institution and at which percent of at least one program offered, studies, and humanities not listed in the institution offers at least 50 percent ceases to operate or plans to cease paragraph (e)(1) through (3) of this of a program and may qualify as a operations before all enrolled students section. branch campus. have completed their program of study. Teach-out plan: A written plan * * * * * * * * * * developed by an institution that ■ 5. Section 600.6 is amended by Branch campus: An additional provides for the equitable treatment of revising paragraph (d) to read as location of an institution that is students if an institution, or an follows: geographically apart and independent of institutional location that provides 100 the main campus of the institution. The percent of at least one program, ceases § 600.6 Postsecondary vocational Secretary considers a location of an to operate or plans to cease operations institution. institution to be independent of the before all enrolled students have * * * * * main campus if the location— completed their program of study. (d) The Secretary does not recognize (1) Is permanent in nature; * * * * * the accreditation or preaccreditation of (2) Offers courses in educational an institution unless the institution programs leading to a degree, certificate, ■ 3. Section 600.4 is amended by revising paragraph (c) to read as follows: agrees to submit any dispute involving or other recognized educational an adverse action, such as the final credential; § 600.4 Institution of higher education. denial, withdrawal, or termination of (3) Has its own faculty and * * * * * accreditation, to arbitration before administrative or supervisory (c) The Secretary does not recognize initiating any other legal action. organization; and the accreditation or preaccreditation of (4) Has its own budgetary and hiring * * * * * an institution unless the institution ■ authority. 6. Section 600.9 is amended by: agrees to submit any dispute involving ■ a. Revising paragraphs (b) and (c)(1); * * * * * an adverse action, such as the final and Preaccreditation: The status of denial, withdrawal, or termination of ■ b. Revising paragraph (d)(1)(iii), as accreditation and public recognition accreditation, to arbitration before added at 81 FR 92262 (Dec. 19, 2016), that a nationally recognized accrediting initiating any other legal action. effective July 1, 2018, and delayed until agency grants to an institution or July 1, 2020, at 83 FR 31303 (July 3, program for a limited period of time that * * * * * ■ 4. Section 600.5 is amended by 2018). signifies the agency has determined that revising paragraphs (d) and (e) to read The revisions read as follows: the institution or program is progressing as follows: toward full accreditation and is likely to § 600.9 State authorization. attain full accreditation before the § 600.5 Proprietary institution of higher * * * * * expiration of that limited period of time education. (b) An institution is considered to be (sometimes referred to as ‘‘candidacy’’). * * * * * legally authorized to operate * * * * * (d) The Secretary does not recognize educational programs beyond secondary Religious mission: A published the accreditation of an institution unless education if it is exempt as a religious institutional mission that is approved by the institution agrees to submit any institution from State authorization

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00073 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27476 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

under the State constitution or by State agency in accordance with suspension order during the preceding law. § 602.22(a)(2)(ix) and (c). 24 months. (c)(1)(i) If an institution that meets the * * * * * (ii) Notwithstanding paragraphs requirements under paragraph (a)(1) or ■ 7. Section 600.11 is amended by (b)(2)(i)(A) and (B) of this section, the (b) of this section offers postsecondary revising paragraphs (a) and (b)(2) to read Secretary may determine the education through distance education or as follows: institution’s cause for seeking multiple correspondence courses to students accreditation or preaccreditation to be located in a State in which the § 600.11 Special rules regarding reasonable if the institution’s primary institution is not physically located or institutional accreditation or interest in seeking multiple preaccreditation. in which the institution is otherwise accreditation is based on that agency’s subject to that State’s jurisdiction as (a) Change of accrediting agencies. (1) geographic area, program-area focus, or determined by that State, except as For purposes of §§ 600.4(a)(5)(i), mission; and provided in paragraph (c)(1)(ii) of this 600.5(a)(6), and 600.6(a)(5)(i), the * * * * * section, the institution must meet any of Secretary does not recognize the ■ 8. Section 600.31 is amended: that State’s requirements for it to be accreditation or preaccreditation of an ■ a. By revising paragraph (a)(1); legally offering postsecondary distance otherwise eligible institution if that ■ b. In paragraph (b), by revising the education or correspondence courses in institution is in the process of changing definitions of ‘‘closely-held that State. The institution must, upon its accrediting agency, unless the corporation’’, ‘‘ownership or ownership request, document the State’s approval institution provides the following to the interest’’, ‘‘parent’’, and ‘‘person’’; and to the Secretary; or Secretary and receives approval: ■ c. Revising paragraphs (c)(3) through (ii) If an institution that meets the (i) All materials related to its prior (5). requirements under paragraph (a)(1) or accreditation or preaccreditation. The revisions read as follows: (b) of this section offers postsecondary (ii) Materials demonstrating § 600.31 Change in ownership resulting in education through distance education or reasonable cause for changing its accrediting agency. The Secretary will a change in control for private nonprofit, correspondence courses in a State that private for-profit and public institutions. participates in a State authorization not determine such cause to be (a)(1) Except as provided in paragraph reciprocity agreement, and the reasonable if the institution— (a)(2) of this section, a private nonprofit, institution is covered by such (A) Has had its accreditation private for-profit, or public institution agreement, the institution is considered withdrawn, revoked, or otherwise that undergoes a change in ownership to meet State requirements for it to be terminated for cause during the that results in a change in control ceases legally offering postsecondary distance preceding 24 months, unless such to qualify as an eligible institution upon education or correspondence courses in withdrawal, revocation, or termination the change in ownership and control. A that State, subject to any limitations in has been rescinded by the same change of ownership that results in a that agreement and to any additional accrediting agency; or change in control includes any change requirements of that State. The (B) Has been subject to a probation or by which a person who has or thereby institution must, upon request, equivalent, show cause order, or acquires an ownership interest in the document its coverage under such an suspension order during the preceding entity that owns the institution or the agreement to the Secretary. 24 months. (2) Notwithstanding paragraph parent of that entity, acquires or loses (A) For purposes of this section, an the ability to control the institution. institution must make a determination, (a)(1)(ii) of this section, the Secretary in accordance with the institution’s may determine the institution’s cause * * * * * policies or procedures, regarding the for changing its accrediting agency to be (b) * * * State in which a student is located, reasonable if the agency did not provide Closely-held corporation. Closely-held which must be applied consistently to the institution its due process rights as corporation (including the term ‘‘close all students. defined in § 602.25, the agency applied corporation’’) means— its standards and criteria inconsistently, (1) A corporation that qualifies under (B) The institution must, upon or if the adverse action or show cause the law of the State of its incorporation request, provide the Secretary with or suspension order was the result of an or organization as a closely-held written documentation of its agency’s failure to respect an corporation; or determination of a student’s location, institution’s stated mission, including (2) If the State of incorporation or including the basis for such religious mission. organization has no definition of determination; and (b) * * * closely-held corporation, a corporation (C) An institution must make a (2) Demonstrates to the Secretary the stock of which— determination regarding the State in reasonable cause for that multiple (i) Is held by no more than 30 persons; which a student is located at the time accreditation or preaccreditation. and of the student’s initial enrollment in an (i) The Secretary determines the (ii) Has not been and is not planned educational program and, if applicable, institution’s cause for multiple to be publicly offered. upon formal receipt of information from accreditation to be reasonable unless the the student, in accordance with the * * * * * institution— institution’s procedures, that the Ownership or ownership interest. (1) (A) Has had its accreditation student’s location has changed to Ownership or ownership interest means withdrawn, revoked, or otherwise another State. a legal or beneficial interest in an terminated for cause during the institution or its corporate parent, or a * * * * * preceding 24 months, unless such right to share in the profits derived from (d) * * * withdrawal, revocation, or termination the operation of an institution or its (1) * * * has been rescinded by the same corporate parent. (iii) The additional location or branch accrediting agency; or (2) Ownership or ownership interest campus must be approved by the (B) Has been subject to a probation or does not include an ownership interest institution’s recognized accrediting equivalent, show cause order, or held by—

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00074 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27477

(i) A mutual fund that is regularly and commonality of ownership, control, or institution may not originate publicly traded; management between the institutions, applications for, make awards of or (ii) A U.S. institutional investor, as as described in 34 CFR 668.188(b) and commitments for, deliver, or disburse defined in 17 CFR 240.15a–6(b)(7); 34 CFR 668.207(b) and the applicant funds under the applicable title IV, HEA (iii) A profit-sharing plan of the institution agrees— program, except— institution or its corporate parent, (1) To be liable for all improperly * * * * * provided that all full-time permanent expended or unspent title IV, HEA employees of the institution or its program funds received during the PART 602—THE SECRETARY’S corporate parent are included in the current academic year and up to one RECOGNITION OF ACCREDITING plan; or academic year prior by the institution AGENCIES (iv) An employee stock ownership that has closed or ceased to provide ■ plan (ESOP). educational programs; 11. The authority citation for part 602 Parent. The parent or parent entity is (2) To be liable for all unpaid refunds continues to read as follows: the entity that controls the specified owed to students who received title IV, Authority: 20 U.S.C. 1099b, unless entity directly or indirectly through one HEA program funds during the current otherwise noted. or more intermediaries. academic year and up to one academic ■ 12. Section 602.3 is amended: Person. Person includes a legal entity year prior; and ■ a. By redesignating the introductory or a natural person. * * * * * text as paragraph (b); (c) * * * (d)(1) An institution that conducts a ■ (3) Other entities. The term ‘‘other b. By adding paragraph (a); and teach-out at a site of a closed institution ■ c. In newly redesignated paragraph entities’’ includes limited liability or an institution engaged in a formal (b): companies, limited liability teach-out plan approved by the ■ i. By removing in the definitions of partnerships, limited partnerships, and institution’s agency may apply to have ‘‘branch campus’’, ‘‘correspondence similar types of legal entities. A change that site approved as an additional education’’, ‘‘direct assessment in ownership and control of an entity location if— program’’, ‘‘institution of higher that is neither closely-held nor required (i) The closed institution ceased education’’, ‘‘nationally recognized to be registered with the SEC occurs operations, or the closing institution is accrediting agency’’, ‘‘preaccredited’’, when— engaged in an orderly teach-out plan ‘‘State’’, ‘‘teach-out agreement’’, and (i) A person who has or acquires an and the Secretary has evaluated and ownership interest acquires both control ‘‘teach-out plan’’; approved that plan; and ■ of at least 25 percent of the total of ii. Adding in alphabetical order (ii) The teach-out plan required under definitions for ‘‘monitoring report’’ and outstanding voting stock of the 34 CFR 668.14(b)(31) is approved by the corporation and control of the ‘‘substantial compliance’’; and closed or closing institution’s ■ iii. Revising the definitions of corporation; or accrediting agency. (ii) A person who holds both ‘‘compliance report’’, ‘‘final accrediting (2)(i) An institution that conducts a action’’, ‘‘programmatic accrediting ownership or control of at least 25 teach-out and is approved to add an percent of the total outstanding voting agency’’, ‘‘scope of recognition’’, and additional location described in ‘‘senior Department official’’. stock of the corporation and control of paragraph (d)(1) of this section— the corporation, ceases to own or The additions and revisions read as (A) Does not have to meet the follows: control that proportion of the stock of requirement of § 600.5(a)(7) or the corporation, or to control the § 600.6(a)(6) for the additional location § 602.3 What definitions apply to this part? corporation. described in paragraph (d)(1) of this (a) The following definitions are (4) General partnership or sole section; contained in the regulations for proprietorship. A change in ownership (B) Is not responsible for any Institutional Eligibility under the Higher and control occurs when a person who liabilities of the closed or closing Education Act of 1965, as amended, 34 has or acquires an ownership interest institution as provided under paragraph CFR part 600: acquires or loses control as described in (c)(1) and (c)(2) of this section if the Accredited this section. institutions are not related parties and (5) Wholly-owned subsidiary. An Additional location there is no commonality of ownership Branch campus entity that is a wholly-owned subsidiary or management between the changes ownership and control when its Correspondence course institutions, as described in 34 CFR Institution of higher education parent entity changes ownership and 668.188(b) and 34 CFR 668.207(b); and control as described in this section. Nationally recognized accrediting * * * * * agency * * * * * ■ 10. Section 600.41 is amended by: Preaccreditation ■ 9. Section 600.32 is amended by ■ a. Removing paragraph (a)(1)(ii)(B) Religious mission revising paragraphs (c) introductory and redesignating paragraphs (a)(1)(C) Secretary text, (c)(1) and (2), (d)(1), (d)(2)(i) through (G) as paragraphs (a)(1)(B) State introductory text, and (d)(2)(i)(A) and through (F); and Teach-out (B) to read as follows: ■ b. Revising paragraph (d) introductory Teach-out agreement § 600.32 Eligibility of additional locations. text. Teach-out plan The revision reads as follows: * * * * * (b) * * * (c) Notwithstanding paragraph (b) of § 600.41 Termination and emergency * * * * * this section, an additional location is action proceedings. Compliance report means a written not required to satisfy the two-year * * * * * report that the Department requires an requirement of § 600.5(a)(7) or (d) After a termination under this agency to file when the agency is found § 600.6(a)(6) if the applicant institution section of the eligibility of an institution to be out of compliance to demonstrate and the original institution are not as a whole or as to a location or that the agency has corrected related parties and there is no educational program becomes final, the deficiencies specified in the decision

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00075 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27478 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

letter from the senior Department generally adheres with fidelity to those recognition as a programmatic official or the Secretary. Compliance policies, practices, and standards; or the accrediting agency; reports must be reviewed by Department agency has policies, practices, and (ii) That covers the range of the staff and the Advisory Committee and standards in place that need minor specific degrees, certificates, approved by the senior Department modifications to reflect its generally institutions, and programs for which it official or, in the event of an appeal, by compliant practice. seeks recognition; and the Secretary. * * * * * (iii) In the geographic area for which * * * * * ■ 13. Section 602.10 is amended by it seeks recognition; and Final accrediting action means a final revising paragraph (a) to read as follows: (2) Conducted accrediting activities, determination by an accrediting agency including deciding whether to grant or regarding the accreditation or § 602.10 Link to Federal programs. deny accreditation or preaccreditation, preaccreditation status of an institution * * * * * for at least two years prior to seeking or program. A final accrediting action is (a) If the agency accredits institutions recognition, unless the agency seeking a decision made by the agency, at the of higher education, its accreditation is initial recognition is affiliated with, or conclusion of any appeals process a required element in enabling at least is a division of, an already recognized available to the institution or program one of those institutions to establish agency. under the agency’s due process policies eligibility to participate in HEA (b)(1) A recognized agency seeking an and procedures. programs. If, pursuant to 34 CFR expansion of its scope of recognition 600.11(b), an agency accredits one or must follow the requirements of * * * * * §§ 602.31 and 602.32 and demonstrate Monitoring report means a report that more institutions that participate in that it has accreditation or an agency is required to submit to HEA programs and that could designate preaccreditation policies in place that Department staff when it is found to be the agency as its link to HEA programs, meet all the criteria for recognition substantially compliant. The report the agency satisfies this requirement, covering the range of the specific contains documentation to demonstrate even if the institution currently degrees, certificates, institutions, and that— designates another institutional programs for which it seeks the (i) The agency is implementing its accrediting agency as its Federal link; or expansion of scope and has engaged and current or corrected policies; or * * * * * (ii) The agency, which is compliant in ■ 14. Section 602.11 is revised to read can show support from relevant practice, has updated its policies to as follows: constituencies for the expansion. A align with those compliant practices. change to an agency’s geographic area of § 602.11 Geographic area of accrediting accrediting activities does not constitute * * * * * activities. an expansion of the agency’s scope of Programmatic accrediting agency The agency must demonstrate that it recognition, but the agency must notify means an agency that accredits specific conducts accrediting activities within— the Department of, and publicly disclose educational programs, including those (a) A State, if the agency is part of a on the agency’s website, any such that prepare students in specific State government; change. academic disciplines or for entry into a (b) A region or group of States chosen (2) An agency that cannot profession, occupation, or vocation. by the agency in which an agency demonstrate experience in making * * * * * provides accreditation to a main accreditation or preaccreditation Scope of recognition or scope means campus, a branch campus, or an decisions under the expanded scope at the range of accrediting activities for additional location of an institution. An the time of its application or review for which the Secretary recognizes an agency whose geographic area includes an expansion of scope may— agency. The Secretary may place a a State in which a branch campus or (i) If it is an institutional accrediting limitation on the scope of an agency’s additional location is located is not agency, be limited in the number of recognition for title IV, HEA purposes. required to also accredit a main campus institutions to which it may grant The Secretary’s designation of scope in that State. An agency whose accreditation under the expanded scope defines the recognition granted geographic area includes a State in for a designated period of time; or according to— which only a branch campus or (ii) If it is a programmatic accrediting (i) Types of degrees and certificates additional location is located is not agency, be limited in the number of covered; required to accept an application for programs to which it may grant (ii) Types of institutions and programs accreditation from other institutions in accreditation under that expanded covered; such State; or scope for a certain period of time; and (iii) Types of preaccreditation status (c) The United States. (iii) Be required to submit a covered, if any; and monitoring report regarding (iv) Coverage of accrediting activities (Authority: 20 U.S.C. 1099b) accreditation decisions made under the related to distance education or ■ 15. Section 602.12 is revised to read expanded scope. correspondence courses. as follows: Senior Department official means the (Authority: 20 U.S.C. 1099b) official in the U.S. Department of § 602.12 Accrediting experience. § 602.13 [Removed and Reserved] Education designated by the Secretary (a) An agency seeking initial ■ 16. Section 602.13 is removed and who has, in the judgment of the recognition must demonstrate that it reserved. Secretary, appropriate seniority and has— ■ 17. Section 602.14 is revised to read relevant subject matter knowledge to (1) Granted accreditation or as follows: make independent decisions on preaccreditation prior to submitting an accrediting agency recognition. application for recognition— § 602.14 Purpose and organization. Substantial compliance means the (i) To one or more institutions if it is (a) The Secretary recognizes only the agency demonstrated to the Department requesting recognition as an following four categories of accrediting that it has the necessary policies, institutional accrediting agency and to agencies: practices, and standards in place and one or more programs if it is requesting (1) A State agency that—

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00076 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27479

(i) Has as a principal purpose the (4) The agency’s dues are paid (a) The agency has— accrediting of institutions of higher separately from any dues paid to any (1) Adequate administrative staff and education, higher education programs, related, associated, or affiliated trade financial resources to carry out its or both; and association or membership organization; accrediting responsibilities; (ii) Has been listed by the Secretary as and (2) Competent and knowledgeable a nationally recognized accrediting (5) The agency develops and individuals, qualified by education or agency on or before October 1, 1991. determines its own budget, with no experience in their own right and (2) An accrediting agency that— review by or consultation with any trained by the agency on their (i) Has a voluntary membership of other entity or organization. responsibilities, as appropriate for their institutions of higher education; (c) The Secretary considers that any roles, regarding the agency’s standards, (ii) Has as a principal purpose the joint use of personnel, services, policies, and procedures, to conduct its accrediting of institutions of higher equipment, or facilities by an agency on-site evaluations, apply or establish education and that accreditation is used and a related, associated, or affiliated its policies, and make its accrediting to provide a link to Federal HEA trade association or membership and preaccrediting decisions, including, programs in accordance with § 602.10; organization does not violate the if applicable to the agency’s scope, their and ‘‘separate and independent’’ responsibilities regarding distance (iii) Satisfies the ‘‘separate and requirements in paragraph (b) of this education and correspondence courses; independent’’ requirements in section if— (3) Academic and administrative paragraph (b) of this section. (1) The agency pays the fair market personnel on its evaluation, policy, and (3) An accrediting agency that— value for its proportionate share of the decision-making bodies, if the agency (i) Has a voluntary membership; and joint use; and accredits institutions; (ii) Has as its principal purpose the (2) The joint use does not compromise (4) Educators, practitioners, and/or accrediting of institutions of higher the independence and confidentiality of employers on its evaluation, policy, and education or programs, and the the accreditation process. decision-making bodies, if the agency accreditation it offers is used to provide (d) For purposes of paragraph (a)(4) of accredits programs or single-purpose a link to non-HEA Federal programs in this section, the Secretary may waive institutions that prepare students for a accordance with 602.10. the ‘‘separate and independent’’ (4) An accrediting agency that, for specific profession; requirements in paragraph (b) of this (5) Representatives of the public, purposes of determining eligibility for section if the agency demonstrates which may include students, on all title IV, HEA programs— that— (i)(A) Has a voluntary membership of decision-making bodies; and (1) The Secretary listed the agency as (6) Clear and effective controls, individuals participating in a a nationally recognized agency on or profession; or including guidelines, to prevent or before October 1, 1991, and has resolve conflicts of interest, or the (B) Has as its principal purpose the recognized it continuously since that accrediting of programs within appearance of conflicts of interest, by date; the agency’s— institutions that are accredited by (2) The related, associated, or another nationally recognized (i) Board members; affiliated trade association or (ii) Commissioners; accrediting agency; and membership organization plays no role (ii) Satisfies the ‘‘separate and (iii) Evaluation team members; in making or ratifying either the (iv) Consultants; independent’’ requirements in accrediting or policy decisions of the (v) Administrative staff; and paragraph (b) of this section or obtains agency; (vi) Other agency representatives; and a waiver of those requirements under (3) The agency has sufficient (b) The agency maintains complete paragraph (d) of this section. budgetary and administrative autonomy and accurate records of— (b) For purposes of this section, to carry out its accrediting functions (1) Its last full accreditation or ‘‘separate and independent’’ means independently; and preaccreditation review of each that— (4) The agency provides to the related, institution or program, including on-site (1) The members of the agency’s associated, or affiliated trade association evaluation team reports, the institution’s decision-making body, who decide the or membership organization only or program’s responses to on-site accreditation or preaccreditation status information it makes available to the reports, periodic review reports, any of institutions or programs, establish the reports of special reviews conducted by agency’s accreditation policies, or both, public. (e) An agency seeking a waiver of the the agency between regular reviews, and are not elected or selected by the board ‘‘separate and independent’’ a copy of the institution’s or program’s or chief executive officer of any related, requirements under paragraph (d) of this most recent self-study; and associated, or affiliated trade section must apply for the waiver each (2) All decision letters issued by the association, professional organization, time the agency seeks recognition or agency regarding the accreditation and or membership organization and are not continued recognition. preaccreditation of any institution or staff of the related, associated, or program and any substantive changes. affiliated trade association, professional (Authority: 20 U.S.C. 1099b) organization, or membership ■ 18. Section 602.15 is revised to read (Authority: 20 U.S.C. 1099b) organization; as follows: ■ 19. Section 602.16 is amended by: (2) At least one member of the ■ a. Revising paragraphs (a)(1) agency’s decision-making body is a § 602.15 Administrative and fiscal introductory text, (a)(2), (b) and (c); representative of the public, and at least responsibilities. ■ b. Redesignating paragraph (d) as one-seventh of the body consists of The agency must have the paragraph (d)(2); representatives of the public; administrative and fiscal capability to ■ c. Adding paragraph (d)(1); (3) The agency has established and carry out its accreditation activities in ■ d. Removing the ‘‘or’’ at the end of implemented guidelines for each light of its requested scope of paragraph (f)(1); member of the decision-making body recognition. The agency meets this ■ e. Removing the period at the end of including guidelines on avoiding requirement if the agency demonstrates paragraph (f)(2) and adding a semicolon conflicts of interest in making decisions; that— in its place; and

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00077 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27480 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

■ f. Adding paragraphs (f)(3) and (4). (4) Agencies from having separate including areas needing improvement, The revisions and additions read as faculty standards for instructors and the institution’s or program’s follows: teaching courses within a dual or performance with respect to student concurrent enrollment program, as achievement; § 602.16 Accreditation and defined in 20 U.S.C. 7801, or career and (g) Requires institutions to have preaccreditation standards. technical education courses, as long as processes in place through which the (a) * * * the instructors, in the agency’s institution establishes that a student (1) The agency’s accreditation judgment, are qualified by education or who registers in any course offered via standards must set forth clear work experience for that role. distance education or correspondence is expectations for the institutions or * * * * * the same student who academically programs it accredits in the following ■ 20. Section 602.17 is revised to read engages in the course or program; and areas: as follows: (h) Makes clear in writing that * * * * * institutions must use processes that (2) The agency’s preaccreditation § 602.17 Application of standards in protect student privacy and notify standards, if offered, must: reaching an accreditation decision. students of any projected additional (i) Be appropriately related to the The agency must have effective student charges associated with the agency’s accreditation standards; and mechanisms for evaluating an verification of student identity at the (ii) Not permit the institution or institution’s or program’s compliance time of registration or enrollment. with the agency’s standards before program to hold preaccreditation status (Authority: 20 U.S.C. 1099b) for more than five years before a final reaching a decision to accredit or accrediting action is made. preaccredit the institution or program. ■ 21. Section 602.18 is revised to read (b) Agencies are not required to apply The agency meets this requirement if as follows: the agency demonstrates that it— the standards described in paragraph § 602.18 Ensuring consistency in decision- (a)(1)(x) of this section to institutions (a) Evaluates whether an institution or making. that do not participate in title IV, HEA program— (1) Maintains clearly specified (a) The agency must consistently programs. Under such circumstance, the apply and enforce standards that respect agency’s grant of accreditation or educational objectives that are consistent with its mission and the stated mission of the institution, preaccreditation must specify that the including religious mission, and that grant, by request of the institution, does appropriate in light of the degrees or certificates awarded; ensure that the education or training not include participation by the offered by an institution or program, institution in title IV, HEA programs. (2) Is successful in achieving its stated objectives at both the institutional and including any offered through distance (c) If the agency only accredits education, correspondence courses, or programs and does not serve as an program levels; and (3) Maintains requirements that at direct assessment education is of institutional accrediting agency for any least conform to commonly accepted sufficient quality to achieve its stated of those programs, its accreditation academic standards, or the equivalent, objective for the duration of any standards must address the areas in including pilot programs in § 602.18(b); accreditation or preaccreditation period. paragraph (a)(1) of this section in terms (b) Requires the institution or program (b) The agency meets the requirement of the type and level of the program to engage in a self-study process that in paragraph (a) of this section if the rather than in terms of the institution. assesses the institution’s or program’s agency— (d)(1) If the agency has or seeks to education quality and success in (1) Has written specification of the include within its scope of recognition meeting its mission and objectives, requirements for accreditation and the evaluation of the quality of highlights opportunities for preaccreditation that include clear institutions or programs offering improvement, and includes a plan for standards for an institution or program distance education, correspondence making those improvements; to be accredited or preaccredited; courses, or direct assessment education, (c) Conducts at least one on-site (2) Has effective controls against the the agency’s standards must effectively review of the institution or program inconsistent application of the agency’s address the quality of an institution’s during which it obtains sufficient standards; distance education, correspondence information to determine if the (3) Bases decisions regarding courses, or direct assessment education institution or program complies with accreditation and preaccreditation on in the areas identified in paragraph the agency’s standards; the agency’s published standards and (a)(1) of this section. (d) Allows the institution or program does not use as a negative factor the * * * * * the opportunity to respond in writing to institution’s religious mission-based (f) * * * the report of the on-site review; policies, decisions, and practices in the (3) Agencies from having separate (e) Conducts its own analysis of the areas covered by § 602.16(a)(1)(ii), (iii), standards regarding an institution’s self-study and supporting (iv), (vi), and (vii) provided, however, process for approving curriculum to documentation furnished by the that the agency may require that the enable programs to more effectively institution or program, the report of the institution’s or program’s curricula meet the recommendations of— on-site review, the institution’s or include all core components required by (i) Industry advisory boards that program’s response to the report, and the agency; include employers who hire program any other information substantiated by (4) Has a reasonable basis for graduates; the agency from other sources to determining that the information the (ii) Widely recognized industry determine whether the institution or agency relies on for making accrediting standards and organizations; program complies with the agency’s decisions is accurate; (iii) Credentialing or other standards; (5) Provides the institution or program occupational registration or licensure; or (f) Provides the institution or program with a detailed written report that (iv) Employers in a given field or with a detailed written report that clearly identifies any deficiencies in the occupation, in making hiring decisions; assesses the institution’s or program’s institution’s or program’s compliance or compliance with the agency’s standards, with the agency’s standards; and

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00078 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27481

(6) Publishes any policies for (i) A natural disaster or other (2)2).f). This provision does not require retroactive application of an catastrophic event significantly institutions or programs to provide accreditation decision, which must not impacting an institution’s or program’s annual reports on each specific provide for an effective date that operations; accreditation criterion. predates either— (ii) Accepting students from another (c) Each agency must monitor overall (i) An earlier denial by the agency of institution that is implementing a teach- growth of the institutions or programs it accreditation or preaccreditation to the out or closing; accredits and, at least annually, collect institution or program; or (iii) Significant and documented local head-count enrollment data from those (ii) The agency’s formal approval of or national economic changes, such as institutions or programs. the institution or program for an economic recession or closure of a (d) Institutional accrediting agencies consideration in the agency’s large local employer; must monitor the growth of programs at accreditation or preaccreditation (iv) Changes relating to State licensure institutions experiencing significant process. requirements; enrollment growth, as reasonably (c) Nothing in this part prohibits an (v) The normal application of the defined by the agency. agency, when special circumstances agency’s standards creates an undue (e) Any agency that has notified the exist, to include innovative program hardship on students; or Secretary of a change in its scope in accordance with § 602.27(a) must delivery approaches or, when an undue (vi) Instructors who do not meet the monitor the headcount enrollment of hardship on students occurs, from agency’s typical faculty standards, but each institution it has accredited that applying equivalent written standards, who are otherwise qualified by offers distance education or policies, and procedures that provide education or work experience, to teach correspondence courses. The Secretary alternative means of satisfying one or courses within a dual or concurrent will require a review, at the next more of the requirements set forth in 34 enrollment program, as defined in 20 meeting of the National Advisory CFR 602.16, 602.17, 602.19, 602.20, U.S.C. 7801, or career and technical Committee on Institutional Quality and 602.22, and 602.24, as compared with education courses; Integrity, of any change in scope written standards, policies, and (2) The grant of the period of undertaken by an agency if the procedures the agency ordinarily noncompliance is approved by the enrollment of an institution that offers applies, if— agency’s decision-making body; (3) The agency projects that the distance education or correspondence (1) The alternative standards, policies, courses that is accredited by such and procedures, and the selection of institution or program has the resources necessary to achieve compliance with agency increases by 50 percent or more institutions or programs to which they within any one institutional fiscal year. will be applied, are approved by the the standard, policy, or procedure postponed within the time allotted; and If any such institution has experienced agency’s decision-making body and an increase in head-count enrollment of otherwise meet the intent of the (4) The institution or program demonstrates to the satisfaction of the 50 percent or more within one agency’s expectations and requirements; institutional fiscal year, the agency must (2) The agency sets and applies agency that the period of noncompliance will not— report that information to the Secretary equivalent goals and metrics for within 30 days of acquiring such data. assessing the performance of (i) Contribute to the cost of the institutions or programs; program to the student without the (Authority: 20 U.S.C. 1099b) (3) The agency’s process for student’s consent; ■ 23. Section 602.20 is revised to read establishing and applying the (ii) Create any undue hardship on, or as follows: alternative standards, policies, and harm to, students; or § 602.20 Enforcement of standards. procedures, is set forth in its published (iii) Compromise the program’s accreditation manuals; and academic quality. (a) If the agency’s review of an institution or program under any (4) The agency requires institutions or (Authority: 20 U.S.C. 1099b) standard indicates that the institution or programs seeking the application of ■ 22. Section 602.19 is revised to read program is not in compliance with that alternative standards to demonstrate the as follows: standard, the agency must— need for an alternative assessment (1) Follow its written policy for approach, that students will receive § 602.19 Monitoring and reevaluation of accredited institutions and programs. notifying the institution or program of equivalent benefit, and that students the finding of noncompliance; will not be harmed through such (a) The agency must reevaluate, at (2) Provide the institution or program application. regularly established intervals, the with a written timeline for coming into (d) Nothing in this part prohibits an institutions or programs it has compliance that is reasonable, as agency from permitting the institution accredited or preaccredited. determined by the agency’s decision- or program to be out of compliance with (b) The agency must demonstrate it making body, based on the nature of the one or more of its standards, policies, has, and effectively applies, monitoring finding, the stated mission, and and procedures adopted in satisfaction and evaluation approaches that enable educational objectives of the institution of §§ 602.16, 602.17, 602.19, 602.20, the agency to identify problems with an or program. The timeline may include 602.22, and 602.24 for a period of time, institution’s or program’s continued intermediate checkpoints on the way to as determined by the agency annually, compliance with agency standards and full compliance and must not exceed not to exceed three years unless the that take into account institutional or the lesser of four years or 150 percent agency determines there is good cause program strengths and stability. These of the— to extend the period of time, and if— approaches must include periodic (i) Length of the program in the case (1) The agency and the institution or reports, and collection and analysis of of a programmatic accrediting agency; or program can show that the key data and indicators, identified by (ii) Length of the longest program at circumstances requiring the period of the agency, including, but not limited the institution in the case of an noncompliance are beyond the to, fiscal information and measures of institutional accrediting agency; institution’s or program’s control, such student achievement, consistent with (3) Follow its written policies and as— the provisions of § 602.16(g)(1) and procedures for granting a good cause

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00079 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27482 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

extension that may exceed the standard that its standards are adequate to (iv) The addition of graduate timeframe described in paragraph (a)(2) evaluate the quality of the education or programs by an institution that of this section when such an extension training provided by the institutions previously offered only undergraduate is determined by the agency to be and programs it accredits and relevant programs or certificates. warranted; and to the educational or training needs of (v) A change in the way an institution (4) Have a written policy to evaluate students. measures student progress, including and approve or disapprove monitoring * * * * * whether the institution measures or compliance reports it requires, (c) If the agency determines, at any progress in clock hours or credit-hours, provide ongoing monitoring, if point during its systematic program of semesters, trimesters, or quarters, or warranted, and evaluate an institution’s review, that it needs to make changes to uses time-based or non-time-based or program’s progress in resolving the its standards, the agency must initiate methods. finding of noncompliance. action within 12 months to make the (vi) A substantial increase in the (b) Notwithstanding paragraph (a) of changes and must complete that action number of clock hours or credit hours this section, the agency must have a within a reasonable period of time. awarded, or an increase in the level of policy for taking an immediate adverse (d) Before finalizing any changes to its credential awarded, for successful action, and take such action, when the standards, the agency must— completion of one or more programs. agency has determined that such action (1) Provide notice to all of the (vii) The acquisition of any other is warranted. agency’s relevant constituencies, and institution or any program or location of (c) If the institution or program does other parties who have made their another institution. not bring itself into compliance within interest known to the agency, of the (viii) The addition of a permanent the period specified in paragraph (a) of changes the agency proposes to make; location at a site at which the institution this section, the agency must take (2) Give the constituencies and other is conducting a teach-out for students of adverse action against the institution or interested parties adequate opportunity another institution that has ceased program, but may maintain the to comment on the proposed changes; operating before all students have institution’s or program’s accreditation and completed their program of study. or preaccreditation until the institution (3) Take into account and be (ix) The addition of a new location or or program has had reasonable time to responsive to any comments on the branch campus, except as provided in complete the activities in its teach-out proposed changes submitted timely by paragraph (c) of this section. The agreement to assist students in the relevant constituencies and other agency’s review must include transferring or completing their interested parties. assessment of the institution’s fiscal and programs. * * * * * administrative capability to operate the (d) An agency that accredits ■ 25. Section 602.22 is revised to read location or branch campus, the regular institutions may limit the adverse or as follows: evaluation of locations, and verification other action to particular programs that of the following: are offered by the institution or to § 602.22 Substantive changes and other (A) Academic control is clearly particular additional locations of an reporting requirements. identified by the institution. institution, without necessarily taking (a) If the agency accredits institutions, (B) The institution has adequate action against the entire institution and it must maintain adequate substantive faculty, facilities, resources, and all of its programs, provided the change policies that ensure that any academic and student support systems noncompliance was limited to that substantive change to the institution’s or in place. particular program or location. program’s mission after the agency has (C) The institution is financially (e) All adverse actions taken under accredited or preaccredited the stable. this subpart are subject to the arbitration institution does not adversely affect the (D) The institution had engaged in requirements in 20 U.S.C. 1099b(e). capacity of the institution to continue to long-range planning for expansion. (f) An agency is not responsible for meet the agency’s standards. The agency (x) Entering into a written enforcing requirements in 34 CFR meets this requirement if— arrangement under 34 CFR 668.5 under 668.14, 668.15, 668.16, 668.41, or (1) The agency requires the institution which an institution or organization not 668.46, but if, in the course of an to obtain the agency’s approval of the certified to participate in the title IV, agency’s work, it identifies instances or substantive change before the agency HEA programs offers more than 25 and potential instances of noncompliance includes the change in the scope of up to 50 percent of one or more of the with any of these requirements, it must accreditation or preaccreditation it accredited institution’s educational notify the Department. previously granted to the institution; programs. (xi) Addition of each direct (g) The Secretary may not require an and assessment program. agency to take action against an (2) The agency’s definition of (3)(i) For substantive changes under institution or program that does not substantive change covers high-impact, only paragraph (a)(2)(iii), (v), (vi), (viii), participate in any title IV, HEA or other high-risk changes, including at least the or (x) of this section, the agency’s Federal program as a result of a following: decision-making body may designate requirement specified in this part. (i) Any substantial change in the established mission or objectives of the agency senior staff to approve or (Authority: 20 U.S.C. 1099b) institution or its programs. disapprove the request in a timely, fair, ■ 24. Section 602.21 is amended by (ii) Any change in the legal status, and equitable manner; and revising paragraphs (a) and (c) and form of control, or ownership of the (ii) In the case of a request under adding paragraph (d) to read as follows: institution. paragraph (a)(2)(x) of this section, the (iii) The addition of programs that agency must make a final decision § 602.21 Review of standards. represent a significant departure from within 90 days of receipt of a materially (a) The agency must maintain a the existing offerings or educational complete request, unless the agency or comprehensive systematic program of programs, or method of delivery, from its staff determine significant review that involves all relevant those that were offered or used when circumstances related to the substantive constituencies and that demonstrates the agency last evaluated the institution. change require a review by the agency’s

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00080 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27483

decision-making body to occur within (d) The agency must have an effective the personnel, facilities, and resources 180 days. mechanism for conducting, at the institution claimed it had in its (b) Institutions that have been placed reasonable intervals, visits to a application to the agency for approval of on probation or equivalent status, have representative sample of additional the additional location. been subject to negative action by the locations approved under paragraphs (h) The agency’s substantive change agency over the prior three academic (a)(2)(viii) and (ix) of this section. policy must define when the changes years, or are under a provisional (e) The agency may determine the made or proposed by an institution are certification, as provided in 34 CFR procedures it uses to grant prior or would be sufficiently extensive to 668.13, must receive prior approval for approval of the substantive change. require the agency to conduct a new the following additional substantive However, these procedures must specify comprehensive evaluation of that changes (all other institutions must an effective date, on which the change institution. report these changes within 30 days to is included in the program’s or (Authority: 20 U.S.C. 1099b) their accrediting agency): institution’s accreditation, that does not (1) A change in an existing program’s pre-date either an earlier agency denial ■ 26. Section 602.23 is amended by: ■ method of delivery. of the substantive change, or the a. Revising paragraphs (a)(2), (a)(5) (2) A change of 25 percent or more of agency’s formal approval of the introductory text, and (d); ■ a program since the agency’s most substantive change for consideration by b. Redesignating paragraph (f) as recent accreditation review. paragraph (g); and the agency for inclusion in the ■ (3) The development of customized program’s or institution’s accreditation c. Adding a new paragraph (f). The revisions and addition read as pathways or abbreviated or modified or preaccreditation. An agency may follows: courses or programs to— designate the date of a change in (i) Accommodate and recognize a ownership as the effective date of its § 602.23 Operating procedures all student’s existing knowledge, such as approval of that substantive change if agencies must have. knowledge attained through the accreditation decision is made (a) * * * employment or military service; and within 30 days of the change in (2) The procedures that institutions or (ii) Close competency gaps between ownership. Except as provided in programs must follow in applying for demonstrated prior knowledge or paragraphs (d) and (f) of this section, accreditation, preaccreditation, or competency and the full requirements of these procedures may, but need not, substantive changes and the sequencing a particular course or program. require a visit by the agency. of those steps relative to any (4) Entering into a written (f) If the agency’s accreditation of an applications or decisions required by arrangement under 34 CFR 668.5 under institution enables the institution to States or the Department relative to the which an institution or organization not seek eligibility to participate in title IV, agency’s preaccreditation, accreditation, certified to participate in the title IV, HEA programs, the agency’s procedures or substantive change decisions; HEA programs offers up to 25 percent of for the approval of an additional * * * * * one or more of the accredited location that is not a branch campus (5) A list of the names, academic and institution’s educational programs. where at least 50 percent of an professional qualifications, and relevant (c) Institutions that have successfully educational program is offered must employment and organizational completed at least one cycle of include— affiliations of— accreditation and have received agency (1) A visit, within six months, to each approval for the addition of at least two additional location the institution * * * * * (d) If an institution or program elects additional locations as provided in establishes, if the institution— paragraph (a)(2)(ix) of this section, that (i) Has a total of three or fewer to make a public disclosure of its have not been placed on probation or additional locations; accreditation or preaccreditation status, equivalent status or been subject to a (ii) Has not demonstrated, to the the agency must ensure that the negative action by the agency over the agency’s satisfaction, that the additional institution or program discloses that prior three academic years, and that are location is meeting all of the agency’s status accurately, including the specific not under a provisional certification, as standards that apply to that additional academic or instructional programs provided in 34 CFR 668.13, need not location; or covered by that status and the name and apply for agency approval of subsequent (iii) Has been placed on warning, contact information for the agency. additions of locations, and may report probation, or show cause by the agency * * * * * these changes to the accrediting agency or is subject to some limitation by the (f)(1) If preaccreditation is offered— within 30 days, if the institution has agency on its accreditation or (i) The agency’s preaccreditation met criteria established by the agency preaccreditation status; policies must limit the status to indicating sufficient capacity to add (2) A mechanism for conducting, at institutions or programs that the agency additional locations without individual reasonable intervals, visits to a has determined are likely to succeed in prior approvals, including, at a representative sample of additional obtaining accreditation; minimum, satisfactory evidence of a locations of institutions that operate (ii) The agency must require all system to ensure quality across a more than three additional locations; preaccredited institutions to have a distributed enterprise that includes— and teach-out plan, which must ensure (1) Clearly identified academic (3) A mechanism, which may, at the students completing the teach-out control; agency’s discretion, include visits to would meet curricular requirements for (2) Regular evaluation of the additional locations, for ensuring that professional licensure or certification, if locations; accredited and preaccredited any, and which must include a list of (3) Adequate faculty, facilities, institutions that experience rapid academic programs offered by the resources, and academic and student growth in the number of additional institution and the names of other support systems; locations maintain education quality. institutions that offer similar programs (4) Financial stability; and (g) The purpose of the visits described and that could potentially enter into a (5) Long-range planning for in paragraph (f) of this section is to teach-out agreement with the expansion. verify that the additional location has institution;

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00081 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27484 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

(iii) An agency that denies agency of a determination by the notify that accrediting agency of its accreditation to an institution it has institution’s independent auditor approval. preaccredited may maintain the expressing doubt with the institution’s (5) The agency may require an institution’s preaccreditation for ability to operate as a going concern or institution it accredits or preaccredits to currently enrolled students until the indicating an adverse opinion or a enter into a teach-out agreement as part institution has had a reasonable time to finding of material weakness related to of its teach-out plan. complete the activities in its teach-out financial stability. (6) The agency must require a closing plan to assist students in transferring or (ii) The agency acts to place the institution to include in its teach-out completing their programs, but for no institution on probation or equivalent agreement— more than 120 days unless approved by status. (i) A complete list of students the agency for good cause; and (iii) The Secretary notifies the agency currently enrolled in each program at (iv) The agency may not move an that the institution is participating in the institution and the program accredited institution or program from title IV, HEA programs under a requirements each student has accredited to preaccredited status provisional program participation completed; unless, following the loss of agreement and the Secretary has (ii) A plan to provide all potentially accreditation, the institution or program required a teach-out plan as a condition eligible students with information about applies for initial accreditation and is of participation. how to obtain a closed school discharge awarded preaccreditation status under (2) The agency must require an and, if applicable, information on State the new application. Institutions that institution it accredits or preaccredits to refund policies; participated in the title IV, HEA submit a teach-out plan and, if (iii) A record retention plan to be programs before the loss of accreditation practicable, teach-out agreements (as provided to all enrolled students that are subject to the requirements of 34 defined in 34 CFR 600.2) to the agency delineates the final disposition of teach- CFR 600.11(c). for approval upon the occurrence of any out records (e.g., student transcripts, (2) All credits and degrees earned and of the following events: billing, financial aid records); issued by an institution or program (i) The Secretary notifies the agency (iv) Information on the number and holding preaccreditation from a that it has placed the institution on the types of credits the teach-out institution nationally recognized agency are reimbursement payment method under is willing to accept prior to the student’s considered by the Secretary to be from 34 CFR 668.162(c) or the heightened enrollment; and cash monitoring payment method an accredited institution or program. (v) A clear statement to students of requiring the Secretary’s review of the * * * * * the tuition and fees of the educational institution’s supporting documentation ■ 27. Section 602.24 is revised to read program and the number and types of under 34 CFR 668.162(d)(2). as follows: credits that will be accepted by the (ii) The Secretary notifies the agency teach-out institution. § 602.24 Additional procedures certain that the Secretary has initiated an institutional agencies must have. emergency action against an institution, (7) The agency must require an institution it accredits or preaccredits If the agency is an institutional in accordance with section 487(c)(1)(G) that enters into a teach-out agreement, accrediting agency and its accreditation of the HEA, or an action to limit, either on its own or at the request of the or preaccreditation enables those suspend, or terminate an institution agency, to submit that teach-out institutions to obtain eligibility to participating in any title IV, HEA agreement for approval. The agency may participate in title IV, HEA programs, program, in accordance with section approve the teach-out agreement only if the agency must demonstrate that it has 487(c)(1)(F) of the HEA. the agreement meets the requirements of established and uses all of the following (iii) The agency acts to withdraw, 34 CFR 600.2 and this section, is procedures: terminate, or suspend the accreditation (a) Branch campus. The agency must or preaccreditation of the institution. consistent with applicable standards require the institution to notify the (iv) The institution notifies the agency and regulations, and provides for the agency if it plans to establish a branch that it intends to cease operations equitable treatment of students being campus and to submit a business plan entirely or close a location that provides served by ensuring that the teach-out for the branch campus that describes— one hundred percent of at least one institution— (1) The educational program to be program, including if the location is (i) Has the necessary experience, offered at the branch campus; and being moved and is considered by the resources, and support services to (2) The projected revenues and Secretary to be a closed school. provide an educational program that is expenditures and cash flow at the (v) A State licensing or authorizing of acceptable quality and reasonably branch campus. agency notifies the agency that an similar in content, delivery modality, (b) Site visits. The agency must institution’s license or legal and scheduling to that provided by the undertake a site visit to a new branch authorization to provide an educational institution that is ceasing operations campus or following a change of program has been or will be revoked. either entirely or at one of its locations; ownership or control as soon as (3) The agency must evaluate the however, while an option via an practicable, but no later than six months teach-out plan to ensure it includes a alternate method of delivery may be after the establishment of that campus list of currently enrolled students, made available to students, such an or the change of ownership or control. academic programs offered by the option is not sufficient unless an option (c) Teach-out plans and agreements. institution, and the names of other via the same method of delivery as the (1) The agency must require an institutions that offer similar programs original educational program is also institution it accredits to submit a teach- and that could potentially enter into a provided; out plan as defined in 34 CFR 600.2 to teach-out agreement with the (ii) Has the capacity to carry out its the agency for approval upon the institution. mission, and meet all obligations to occurrence of any of the following (4) If the agency approves a teach-out existing students; and events: plan that includes a program or (iii) Demonstrates that it— (i) For a nonprofit or proprietary institution that is accredited by another (A) Can provide students access to the institution, the Secretary notifies the recognized accrediting agency, it must program and services without requiring

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00082 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27485

them to move or travel for substantial participation by the Secretary, except (1) A final decision to deny, distances or durations; and with notice to and permission from the withdraw, suspend, revoke, or terminate (B) Will provide students with Secretary. the accreditation or preaccreditation of information about additional charges, if (Authority: 20 U.S.C. 1099b) an institution or program. any. ■ (2) A final decision to take any other (8) Irrespective of any teach-out plan 28. Section 602.25 is amended by adverse action, as defined by the revising paragraphs (f)(1)(iii) and (iv) to or signed teach-out agreement, the agency, not listed in paragraph (c)(1) of read as follows: agency must not permit an institution to this section; serve as a teach-out institution under § 602.25 Due process. (d) Provides written notice to the the following conditions: * * * * * public of the decisions listed in (i) The institution is subject to the (f) * * * paragraphs (b) and (c) of this section conditions in paragraph (c)(1) or (2). (1) * * * within one business day of its notice to (ii) The institution is under (iii) Does not serve only an advisory the institution or program; investigation, subject to an action, or or procedural role, and has and uses the (e) For any decision listed in being prosecuted for an issue related to authority to make the following paragraph (c) of this section, the agency academic quality, misrepresentation, decisions: To affirm, amend, or remand requires the institution or program to fraud, or other severe matters by a law adverse actions of the original decision- disclose the decision to current and enforcement agency. making body; and prospective students within seven (9) The agency is permitted to waive (iv) Affirms, amends, or remands the business days of receipt and makes requirements regarding the percentage adverse action. A decision to affirm or available to the Secretary, the of credits which must be earned by a amend the adverse action is appropriate State licensing or student at the institution awarding the implemented by the appeals panel or by authorizing agency, and the public, no educational credential if the student is the original decision-making body, at later than 60 days after the decision, a completing his or her program through the agency’s option; however, in the brief statement summarizing the reasons a written teach-out agreement. event of a decision to remand the for the agency’s decision and the official (10) The agency must require the adverse action to the original decision- comments that the affected institution institution to provide copies of all making body for further consideration, or program may wish to make with notifications from the institution related the appeals panel must explain the basis regard to that decision, or evidence that to the institution’s closure or to teach- for a decision that differs from that of the affected institution has been offered out options to ensure the information the original decision-making body and the opportunity to provide official accurately represents students’ ability to the original decision-making body in a comment; transfer credits and may require remand must act in a manner consistent (f) Notifies the Secretary, the corrections. with the appeals panel’s decisions or appropriate State licensing or (d) Closed institution. If an institution instructions. authorizing agency, the appropriate the agency accredits or preaccredits * * * * * accrediting agencies, and, upon request, closes without a teach-out plan or ■ 29. Section 602.26 is amended by: the public if an accredited or agreement, the agency must work with ■ a. Redesignating paragraphs (b), (c), preaccredited institution or program— the Department and the appropriate (d), and (e) as paragraphs (c), (d), (e), (1) Decides to withdraw voluntarily State agency, to the extent feasible, to and (f); assist students in finding reasonable from accreditation or preaccreditation, ■ b. Adding a new paragraph (b); and within 10 business days of receiving opportunities to complete their ■ c. Revising newly redesignated notification from the institution or education without additional charges. paragraphs (c), (d), (e), and (f). (e) Transfer of credit policies. The program that it is withdrawing The addition and revisions read as voluntarily from accreditation or accrediting agency must confirm, as part follows: of its review for initial accreditation or preaccreditation; or preaccreditation, or renewal of § 602.26 Notification of accrediting (2) Lets its accreditation or accreditation, that the institution has decisions. preaccreditation lapse, within 10 transfer of credit policies that— * * * * * business days of the date on which (1) Are publicly disclosed in (b) Provides written notice of a final accreditation or preaccreditation lapses. accordance with § 668.43(a)(11); and decision of a probation or equivalent * * * * * (2) Include a statement of the criteria status or an initiated adverse action to ■ 30. Section 602.27 is revised to read established by the institution regarding the Secretary, the appropriate State as follows: the transfer of credit earned at another licensing or authorizing agency, and the institution of higher education. appropriate accrediting agencies at the § 602.27 Other information an agency (f) Agency designations. In its same time it notifies the institution or must provide the Department. accrediting practice, the agency must— program of the decision and requires the (a) The agency must submit to the (1) Adopt and apply the definitions of institution or program to disclose such Department— ‘‘branch campus’’ and ‘‘additional an action within seven business days of (1) A list, updated annually, of its location’’ in 34 CFR 600.2; receipt to all current and prospective accredited and preaccredited (2) On the Secretary’s request, students; institutions and programs, which may conform its designations of an (c) Provides written notice of the be provided electronically; institution’s branch campuses and following types of decisions to the (2) A summary of the agency’s major additional locations with the Secretary’s Secretary, the appropriate State accrediting activities during the if it learns its designations diverge; and licensing or authorizing agency, and the previous year (an annual data (3) Ensure that it does not accredit or appropriate accrediting agencies at the summary), if requested by the Secretary preaccredit an institution comprising same time it notifies the institution or to carry out the Secretary’s fewer than all of the programs, branch program of the decision, but no later responsibilities related to this part; campuses, and locations of an than 30 days after it reaches the (3) Any proposed change in the institution as certified for title IV decision: agency’s policies, procedures, or

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00083 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27486 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

accreditation or preaccreditation (1) A statement of the agency’s demonstrate the effective application of standards that might alter its— requested scope of recognition; the criteria for recognition or that the (i) Scope of recognition, except as (2) Documentation that the agency Department may require. provided in paragraph (a)(4) of this complies with the criteria for (e) Consent to sharing of information. section; or recognition listed in subpart B of this By submitting an application for (ii) Compliance with the criteria for part, including a copy of its policies and recognition, the agency authorizes recognition; procedures manual and its accreditation Department staff throughout the (4) Notification that the agency has standards; and application process and during any expanded its scope of recognition to (3) Documentation of how an agency period of recognition— include distance education or that includes or seeks to include (1) To observe its site visits to one or correspondence courses as provided in distance education or correspondence more of the institutions or programs it section 496(a)(4)(B)(i)(I) of the HEA. courses in its scope of recognition accredits or preaccredits, on an Such an expansion of scope is effective applies its standards in evaluating announced or unannounced basis; on the date the Department receives the programs and institutions it accredits (2) To visit locations where agency notification; that offer distance education or activities such as training, review and (5) The name of any institution or correspondence courses. evaluation panel meetings, and decision program it accredits that the agency has (b) Applications for expansions of meetings take place, on an announced reason to believe is failing to meet its scope. An agency seeking an expansion or unannounced basis; title IV, HEA program responsibilities or of scope by application must submit a (3) To obtain copies of all documents is engaged in fraud or abuse, along with written application to the Secretary. The the staff deems necessary to complete its the agency’s reasons for concern about application must— review of the agency; and the institution or program; and (1) Specify the scope requested; (4) To gain access to agency records, (2) Provide copies of any relevant (6) If the Secretary requests, personnel, and facilities. information that may bear upon an standards, policies, or procedures (f) Public availability of agency accredited or preaccredited institution’s developed and applied by the agency for records obtained by the Department. (1) compliance with its title IV, HEA its use in accrediting activities The Secretary’s processing and program responsibilities, including the conducted within the expansion of decision-making on requests for public eligibility of the institution or program scope proposed and documentation of disclosure of agency materials reviewed to participate in title IV, HEA programs. the application of these standards, under this part are governed by the (b) If an agency has a policy regarding policies, or procedures; and Freedom of Information Act, 5 U.S.C. notification to an institution or program (3) Provide the materials required by 552; the Trade Secrets Act, 18 U.S.C. of contact with the Department in § 602.32(j) and, if applicable, 1905; the Privacy Act of 1974, as accordance with paragraph (a)(5) or (6) § 602.32(m). amended, 5 U.S.C. 552a; the Federal of this section, it must provide for a (c) Compliance or monitoring reports. Advisory Committee Act, 5 U.S.C. case-by-case review of the If an agency is required to submit a Appdx. 1; and all other applicable laws. circumstances surrounding the contact, compliance or monitoring report, it In recognition proceedings, agencies and the need for the confidentiality of must do so within 30 days following the must, before submission to the that contact. When the Department end of the period for achieving Department— determines a compelling need for compliance as specified in the decision (i) Redact the names and any other confidentiality, the agency must of the senior Department official or personally identifiable information consider that contact confidential upon Secretary, as applicable. about individual students and any other specific request of the Department. (d) Review following an increase in headcount enrollment. If an agency that individuals who are not agents of the (Authority: 20 U.S.C. 1099b) has notified the Secretary in writing of agency or of an institution the agency is § 602.30 [Removed and Reserved] its change in scope to include distance reviewing; (ii) Redact the personal addresses, ■ 31. Section 602.30 is removed and education or correspondence courses in personal telephone numbers, personal reserved. accordance with § 602.27(a)(4) reports ■ 32. Section 602.31 is revised to read an increase in headcount enrollment in email addresses, Social Security as follows: accordance with § 602.19(e) for an numbers, and any other personally institution it accredits, or if the identifiable information regarding § 602.31 Agency applications and reports Department notifies the agency of such individuals who are acting as agents of to be submitted to the Department. an increase at one of the agency’s the agency or of an institution under (a) Applications for recognition or accredited institutions, the agency must, review; renewal of recognition. An accrediting within 45 days of reporting the increase (iii) Designate all business agency seeking initial or continued or receiving notice of the increase from information within agency submissions recognition must submit a written the Department, as applicable, submit a that the agency believes would be application to the Secretary. Each report explaining— exempt from disclosure under accrediting agency must submit an (1) How the agency evaluates the exemption 4 of the Freedom of application for continued recognition at capacity of the institutions or programs Information Act (FOIA), 5 U.S.C. least once every five years, or within a it accredits to accommodate significant 552(b)(4). A blanket designation of all shorter time period specified in the final growth in enrollment and to maintain information contained within a recognition decision, and, for an agency education quality; submission, or of a category of seeking renewal of recognition, 24 (2) The specific circumstances documents, as meeting this exemption months prior to the date on which the regarding the growth at the institution will not be considered a good faith effort current recognition expires. The or program that triggered the review and and will be disregarded; and application, to be submitted the results of any evaluation conducted (iv) Ensure documents submitted are concurrently with information required by the agency; and only those required for Department by § 602.32(a) and, if applicable, (3) Any other information that the review or as requested by Department § 602.32(b), must consist of— agency deems appropriate to officials.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00084 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27487

(2) The agency may, but is not (1) Letters of support for the agency scope of, recognition as proposed by an required to, redact the identities of from at least three accredited agency, among other factors, any institutions that it believes are not institutions or programs, three evidence that the agency was part of a essential to the Department’s review of educators, and, if appropriate, three concerted effort to unnecessarily restrict the agency and may identify any other employers or practitioners, explaining the qualifications necessary for a material the agency believes would be the role for such an agency and the student to sit for a licensure or exempt from public disclosure under reasons for their support; and certification examination or otherwise FOIA, the factual basis for the request, (2) Letters from at least one program be eligible for entry into a profession. and any legal basis the agency has or institution that will rely on the (f) Department staff’s evaluation of an identified for withholding the document agency as its link to a Federal program agency may also include a review of from public disclosure. upon recognition of the agency or information directly related to (3) The Secretary processes FOIA intends to seek multiple accreditation institutions or programs accredited or requests in accordance with 34 CFR part which will allow it in the future to preaccredited by the agency relative to 5 and makes all documents provided to designate the agency as its Federal link. their compliance with the agency’s the Advisory Committee available to the (c) Department staff publishes a notice standards, the effectiveness of the public. of the agency’s submission of an standards, and the agency’s application (4) Upon request by Department staff, application in the Federal Register of those standards, but must make all the agency must disclose to Department inviting the public to comment on the materials relied upon in the evaluation staff any specific material the agency agency’s compliance with the criteria available to the agency for review and has redacted that Department staff for recognition and establishing a comment. believes is needed to conduct the staff deadline for receipt of public comment. (g) If, at any point in its evaluation of review. Department staff will make any (d) The Department staff analyzes the an agency seeking initial recognition, arrangements needed to ensure that the agency’s application for initial or Department staff determines that the materials are not made public if renewal of recognition, to determine agency fails to demonstrate compliance prohibited by law. whether the agency satisfies the criteria with the basic eligibility requirements for recognition, taking into account all (g) Length of submissions. The in §§ 602.10 through 602.15, the staff— available relevant information (1) Returns the agency’s application Secretary may publish reasonable, concerning the compliance of the and provides the agency with an uniform limits on the length of agency with those criteria and in the explanation of the deficiencies that submissions described in this section. agency’s consistency in applying the caused staff to take that action; and (Authority: 20 U.S.C. 1099b) criteria. The analysis of an application (2) Requires that the agency withdraw ■ 34. Section 602.32 is revised to read includes— its application and instructs the agency as follows: (1)(i) Observations from site visits, on that it may reapply when the agency is an announced or unannounced basis, to able to demonstrate compliance. § 602.32 Procedures for recognition, (h) Except with respect to an renewal of recognition, expansion of scope, the agency or to a location where the compliance reports, and increases in agency conducts activities such as application that has been returned and enrollment. training, review and evaluation panel is withdrawn under paragraph (g) of this meetings, or decision meetings; section, when Department staff (a) An agency preparing for renewing (ii) Observations from site visits, on completes its evaluation of the agency, recognition will submit, 24 months an announced or unannounced basis, to the staff— prior to the date on which the current one or more of the institutions or (1) Prepares a written draft analysis of recognition expires, and in conjunction programs the agency accredits or the agency’s application; with the materials required by preaccredits; (2) Sends to the agency the draft § 602.31(a), a list of all institutions or (iii) A file review at the agency of analysis including any identified areas programs that the agency plans to documents, at which time Department of potential noncompliance and all consider for an award of initial or staff may retain copies of documents third-party comments and complaints, if renewed accreditation over the next needed for inclusion in the applicable, and any other materials the year or, if none, over the succeeding administrative record; Department received by the established year, as well as any institutions or (iv) Review of the public comments deadline or is including in its review; programs currently subject to and other third-party information (3) Invites the agency to provide a compliance report review or reporting Department staff receives by the written response to the draft analysis requirements. An agency that does not established deadline, the agency’s and third-party comments or other anticipate a review of any institution or responses to the third-party comments, material included in the review, program for an initial award of as appropriate, and any other specifying a deadline that provides at accreditation or renewed accreditation information Department staff obtains for least 180 days for the agency’s response; in the 24 months prior to the date of purposes of evaluating the agency under (4) Reviews the response to the draft recognition expiration may submit a list this part; and analysis the agency submits, if any, and of institutions or programs it has (v) Review of complaints or legal prepares the written final analysis— reviewed for an initial award of actions involving the agency. (i) Indicating that the agency is in full accreditation or renewal of accreditation (2) Review of complaints or legal compliance, substantial compliance, or at any time since the prior award of actions against an accredited or noncompliance with each of the criteria recognition or leading up to the preaccredited institution or programs for recognition; and application for an initial award of accredited or preaccredited by the (ii) Recommending that the senior recognition. agency, which may be considered but Department official approve, renew with (b) An agency seeking initial are not necessarily determinative of compliance reporting requirements due recognition must follow the policies and compliance. in 12 months, renew with compliance procedures outlined in paragraph (a) of (e) The Department may view as a reporting requirement with a deadline this section, but in addition must also negative factor when considering an in excess of 12 months based on a submit— application for initial, or expansion of finding of good cause and extraordinary

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00085 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27488 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

circumstances, approve with monitoring the agency’s responses to the third-party (C) Provides the agency with a copy or other reporting requirements, deny, comments, as appropriate, other third- of all public comments received and limit, suspend, or terminate recognition; party information Department staff invites a written response from the and receives, and additional information agency; (5) Provides to the agency, no later described in paragraphs (d) and (e) of (D) Finalizes the staff analysis as than 30 days before the Advisory this section, as appropriate. necessary to reflect its review of any Committee meeting, the final staff (m) If an agency is required to be agency response and any public analysis and any other available reviewed by the Advisory Committee comment received; information provided to the Advisory under § 602.19(e), the Department will (E) Provides to the agency, no later Committee under § 602.34(c). follow the process outlined in than 30 days before the Advisory (i) The agency may request that the § 602.32(a) through (h). Committee meeting, the final staff Advisory Committee defer acting on an (Authority: 20 U.S.C. 1099b) analysis and a recognition application at that Advisory Committee ■ 35. Section 602.33 is revised to read recommendation and any other meeting if Department staff fails to as follows: information provided to the Advisory provide the agency with the materials Committee under § 602.34(c); and described, and within the timeframes § 602.33 Procedures for review of (F) Submits the matter for review by provided, in paragraphs (g)(3) and (5) of agencies during the period of recognition, the Advisory Committee in accordance this section. If the Department staff’s including the review of monitoring reports. with § 602.34. (a) Department staff may review the failure to send the materials in (Authority: 20 U.S.C. 1099b) accordance with the timeframe compliance of a recognized agency with ■ the criteria for recognition at any time— 36. Section 602.34 is revised to read described in paragraph (g)(3) or (5) of as follows: this section is due to the failure of the (1) Based on the submission of a agency to, by the deadline established monitoring report as directed by a § 602.34 Advisory Committee meetings. by the Secretary, submit reports to the decision by the senior Department (a) Department staff submits a Department, other information the official or Secretary; or proposed schedule to the Chairperson of (2) Based on any information that, as Secretary requested, or its response to the Advisory Committee based on determined by Department staff, appears the draft analysis, the agency forfeits its anticipated completion of staff analyses. credible and raises issues relevant to the right to request a deferral of its (b) The Chairperson of the Advisory criteria for recognition. application. (b) The review may include, but need Committee establishes an agenda for the (j)(1) An agency seeking an expansion not be limited to, any of the activities next meeting and, in accordance with of scope, either as part of the regular described in § 602.32(d) and (f). the Federal Advisory Committee Act, renewal of recognition process or during (c) If, in the course of the review, and presents it to the Designated Federal a period of recognition, must submit an after providing the agency the Official for approval. application to the Secretary, separately documentation concerning the inquiry (c) Before the Advisory Committee or as part of the policies and procedures and consulting with the agency, meeting, Department staff provides the outlined in paragraph (a) of this section, Department staff notes that one or more Advisory Committee with— that satisfies the requirements of deficiencies may exist in the agency’s (1) The agency’s application for §§ 602.12(b) and 602.31(b) and— compliance with the criteria for recognition, renewal of recognition, or (i) States the reason for the expansion recognition or in the agency’s effective expansion of scope when Advisory of scope request; application of those criteria, Department Committee review is required, or the (ii) Includes letters from at least three staff— agency’s compliance report and institutions or programs that would seek (1) Prepares a written draft analysis of supporting documentation submitted by accreditation under one or more of the the agency’s compliance with the the agency; elements of the expansion of scope; and criteria of concern; (2) The final Department staff analysis (iii) Explains how the agency must (2) Sends to the agency the draft of the agency developed in accordance expand capacity to support the analysis including any identified areas with § 602.32 or § 602.33, and any expansion of scope, if applicable, and, of noncompliance and all supporting supporting documentation; if necessary, how it will do so and how documentation; (3) The agency’s response to the draft its budget will support that expansion of (3) Invites the agency to provide a analysis; capacity. written response to the draft analysis (4) Any written third-party comments (2) The application will be considered within 90 days; the Department received about the in accordance with paragraphs (c) (4) Reviews any response provided by agency on or before the established through (h) of this section. the agency, including any monitoring deadline; (k) The Department may view as a report submitted, and either— (5) Any agency response to third-party negative factor when considering an (i) Concludes the review; comments; and application for initial or expansion of (ii) Continues monitoring of the (6) Any other information Department scope of recognition as proposed by an agency’s areas of deficiencies; or staff relied upon in developing its agency, among other factors, any (iii)(A) Notifies the agency, in the analysis. evidence that the agency was part of a event that the agency’s response or (d) At least 30 days before the concerted effort to unnecessarily restrict monitoring report does not satisfy the Advisory Committee meeting, the the qualifications necessary for a staff, that the draft analysis will be Department publishes a notice of the student to sit for a licensure or finalized for presentation to the meeting in the Federal Register inviting certification examination or otherwise Advisory Committee; interested parties to make oral be eligible for entry into a profession. (B) Publishes a notice in the Federal presentations before the Advisory (l) Department staff’s evaluation of a Register with an invitation for the Committee. compliance report includes review of public to comment on the agency’s (e) The Advisory Committee considers public comments solicited by compliance with the criteria in question the materials provided under paragraph Department staff in the Federal Register and establishing a deadline for receipt (c) of this section in a public meeting received by the established deadline, of public comment; and invites Department staff, the

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00086 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27489

agency, and other interested parties to (c) * * * but has not had the opportunity to apply make oral presentations during the (2) * * * No additional comments or such policy or procedure. meeting. A transcript is made of all new documentation may be submitted (ii) If the senior Department official Advisory Committee meetings. after the responses described in this approves recognition, the recognition (f) The written motion adopted by the paragraph are submitted. decision defines the scope of Advisory Committee regarding each * * * * * recognition and the recognition period. agency’s recognition will be made ■ 38. Section 602.36 is amended by: The recognition period does not exceed available during the Advisory ■ a. Removing the word ‘‘evidence’’ in five years, including any time during Committee meeting. The Department paragraph (a)(5) and adding in its place which recognition was continued to will provide each agency, upon request, the word ‘‘documentation’’; permit submission and review of a with a copy of the motion on ■ b. Revising paragraphs (b) and (e); compliance report. (iii) If the scope of recognition is less recognition at the meeting. Each agency ■ c. Adding paragraph (f); than that requested by the agency, the that was reviewed will be sent an ■ d. Redesignating paragraphs (g) senior Department official explains the electronic copy of the motion relative to through (j). that agency as soon as practicable after reasons for continuing or approving a The revisions and addition read as lesser scope. the meeting. follows: (g) After each meeting of the Advisory (2)(i) Except as provided in paragraph Committee, the Advisory Committee § 602.36 Senior Department official’s (e)(3) of this section, if the agency fails forwards to the senior Department decision. to comply with the criteria for official its recommendation with respect * * * * * recognition listed in subpart B of this to each agency, which may include, but (b) In the event that statutory part, the senior Department official is not limited to— authority or appropriations for the denies, limits, suspends, or terminates (1)(i) For an agency that is fully Advisory Committee ends, or there are recognition. (ii) If the senior Department official compliant, approve initial or renewed fewer duly appointed Advisory denies, limits, suspends, or terminates recognition; Committee members than needed to recognition, the senior Department (ii) Continue recognition with a constitute a quorum, and under official specifies the reasons for this required compliance report to be extraordinary circumstances when there decision, including all criteria the submitted to the Department within 12 are serious concerns about an agency’s agency fails to meet and all criteria the months from the decision of the senior compliance with subpart B of this part agency has failed to apply effectively. Department official; that require prompt attention, the senior (3)(i) If the senior Department official (iii) In conjunction with a finding of Department official may make a concludes an agency is noncompliant, exceptional circumstances and good decision on an application for renewal the senior Department official may cause, continue recognition for a of recognition or compliance report on continue the agency’s recognition, specified period in excess of 12 months the record compiled under § 602.32 or pending submission of a compliance pending submission of a compliance § 602.33 after providing the agency with report that will be subject to review in report; an opportunity to respond to the final (iv) In the case of substantial the recognition process, provided that— staff analysis. Any decision made by the compliance, grant initial recognition or (A) The senior Department official senior Department official under this renewed recognition and recommend a concludes that the agency will paragraph from the Advisory Committee monitoring report with a set deadline to demonstrate compliance with, and may be appealed to the Secretary as be reviewed by Department staff to effective application of, the criteria for provided in § 602.37. ensure that corrective action is taken recognition within 12 months from the and full compliance is achieved or * * * * * date of the senior Department official’s maintained (or for action by staff under (e) The senior Department official’s decision; or § 602.33 if it is not); or decision may include, but is not limited (B) The senior Department official (v) Deny, limit, suspend, or terminate to, approving for recognition; approving identifies a deadline more than 12 recognition; with a monitoring report; denying, months from the date of the decision by (2) Grant or deny a request for limiting, suspending, or terminating which the senior Department official expansion of scope; or recognition following the procedures in concludes the agency will demonstrate (3) Revise or affirm the scope of the paragraph (g) of this section; granting or full compliance with, and effective agency. denying an application for an expansion application of, the criteria for (Authority: 20 U.S.C. 1099b) of scope; revising or affirming the scope recognition, and also identifies of the agency; or continuing recognition exceptional circumstances and good ■ 37. Section 602.35 is amended: pending submission and review of a cause for allowing the agency more than ■ a. In paragraph (a), by adding the compliance report under §§ 602.32 and 12 months to achieve compliance and word ‘‘business’’ between ‘‘ten’’ and 602.34 and review of the report by the effective application. ‘‘days’’; senior Department official under this (ii) In the case of a compliance report ■ b. In paragraph (c)(1), by removing the section. ordered under paragraph (e)(3)(i) of this words ‘‘documentary evidence’’ and (1)(i) The senior Department official section, the senior Department official adding in its place the word approves recognition if the agency has specifies the criteria the compliance ‘‘documentation’’; and ■ c. In paragraph (c)(2), by adding the demonstrated compliance or substantial report must address, and the time word ‘‘business’’ between ‘‘ten’’ and compliance with the criteria for period for achieving compliance and ‘‘days’’ and adding a sentence to the end recognition listed in subpart B of this effective application of the criteria. The of the paragraph. part. The senior Department official may compliance report documenting The addition reads as follows: determine that the agency has compliance and effective application of demonstrated compliance or substantial criteria is due not later than 30 days § 602.35 Responding to the Advisory compliance with the criteria for after the end of the period specified in Committee’s recommendation. recognition if the agency has a the senior Department official’s * * * * * compliant policy or procedure in place decision.

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00087 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27490 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

(iii) If the record includes a (1)(i) Does not make a decision (2) Submit its appeal to the Secretary compliance report required under regarding recognition of the agency; and in writing no later than 30 days after paragraph (e)(3)(i) of this section, and (ii) Refers the matter to Department receipt of the decision; and the senior Department official staff for review and analysis under (3) Provide the senior Department determines that an agency has not § 602.32 or § 602.33, as appropriate, and official with a copy of the appeal at the complied with the criteria for consideration by the Advisory same time it submits the appeal to the recognition, or has not effectively Committee under § 602.34; or Secretary. applied those criteria, during the time (2)(i) Provides the information to the (b) The senior Department official may file a written response to the period specified by the senior agency and Department staff; appeal. To do so, the senior Department Department official in accordance with (ii) Permits the agency to respond to paragraph (e)(3)(i) of this section, the official must— the senior Department official and the senior Department official denies, (1) Submit a response to the Secretary Department staff in writing, and to limits, suspends, or terminates no later than 30 days after receipt of a include additional documentation recognition, except, in extraordinary copy of the appeal; and relevant to the issue, and specifies a circumstances, upon a showing of good (2) Provide the agency with a copy of deadline; cause for an extension of time as the senior Department official’s determined by the senior Department (iii) Provides Department staff with an response at the same time it is official and detailed in the senior opportunity to respond in writing to the submitted to the Secretary. Department official’s decision. If the agency’s submission under paragraph (c) Once the agency’s appeal and the senior Department official determines (h)(2)(ii) of this section, specifying a senior Department official’s response, if good cause for an extension has been deadline; and any, have been provided, no additional shown, the senior Department official (iv) Issues a recognition decision written comments may be submitted by specifies the length of the extension and based on the record described in either party. what the agency must do during it to paragraph (a) of this section, as (d) Neither the agency nor the senior merit a renewal of recognition. supplemented by the information Department official may include in its (f) If the senior Department official provided under this paragraph. submission any new documentation it determines that the agency is (i) No agency may submit information did not submit previously in the substantially compliant, or is fully to the senior Department official, or ask proceeding. compliant but has concerns about the others to submit information on its (e) On appeal, the Secretary makes a agency maintaining compliance, the behalf, for purposes of invoking recognition decision, as described in senior Department official may approve paragraph (h) of this section. Before § 602.36(e). If the decision requires a the agency’s recognition or renewal of invoking paragraph (h) of this section, compliance report, the report is due recognition and require periodic the senior Department official will take within 30 days after the end of the monitoring reports that are to be into account whether the information, if period specified in the Secretary’s reviewed and approved by Department submitted by a third party, could have decision. The Secretary renders a final staff. been submitted in accordance with decision after taking into account the (g) If the senior Department official § 602.32(a) or § 602.33(c)(). senior Department official’s decision, the agency’s written submissions on determines, based on the record, that a (j) If the senior Department official appeal, the senior Department official’s decision to deny, limit, suspend, or does not reach a final decision to response to the appeal, if any, and the terminate an agency’s recognition may approve, deny, limit, suspend, or entire record before the senior be warranted based on a finding that the terminate an agency’s recognition before Department official. The Secretary agency is noncompliant with one or the expiration of its recognition period, notifies the agency in writing of the more criteria for recognition, or if the the senior Department official Secretary’s decision regarding the agency does not hold institutions or automatically extends the recognition agency’s recognition. programs accountable for complying period until a final decision is reached. with one or more of the agency’s (f) The Secretary may determine, (k) Unless appealed in accordance standards or criteria for accreditation based on the record, that a decision to with § 602.37, the senior Department that were not identified earlier in the deny, limit, suspend, or terminate an official’s decision is the final decision of proceedings as an area of agency’s recognition may be warranted the Secretary. noncompliance, the senior Department based on a finding that the agency is official provides— * * * * * noncompliant with, or ineffective in its (1) The agency with an opportunity to ■ 38. Section 602.37 is revised to read application with respect to, a criterion submit a written response addressing as follows: or criteria for recognition not identified the finding; and as an area of noncompliance earlier in (2) The staff with an opportunity to § 602.37 Appealing the senior Department the proceedings. In that case, the official’s decision to the Secretary. present its analysis in writing. Secretary, without further consideration (h) If relevant and material (a) The agency may appeal the senior of the appeal, refers the matter to the information pertaining to an agency’s Department official’s decision to the senior Department official for compliance with recognition criteria, Secretary. Such appeal stays the consideration of the issue under but not contained in the record, comes decision of the senior Department § 602.36(g). After the senior Department to the senior Department official’s official until final disposition of the official makes a decision, the agency attention while a decision regarding the appeal. If an agency wishes to appeal, may, if desired, appeal that decision to agency’s recognition is pending before the agency must— the Secretary. the senior Department official, and if the (1) Notify the Secretary and the senior (g) If relevant and material senior Department official concludes the Department official in writing of its information pertaining to an agency’s recognition decision should not be intent to appeal the decision of the compliance with recognition criteria, made without consideration of the senior Department official, no later than but not contained in the record, comes information, the senior Department 10 business days after receipt of the to the Secretary’s attention while a official either— decision; decision regarding the agency’s

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00088 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules 27491

recognition is pending before the PART 654—[REMOVED AND (i) The health and safety of the Secretary, and if the Secretary RESERVED] institution’s students are not at risk; concludes the recognition decision (ii) The institution has adequate ■ should not be made without 41. Under the authority of Authority: financial resources to ensure that consideration of the information, the 20 U.S.C. 1099b, part 654 is removed instructional services remain available Secretary either— and reserved. to students during the teach-out; and (iii) The institution is not subject to (1)(i) Does not make a decision PART 668—STUDENT ASSISTANCE probation or its equivalent or adverse regarding recognition of the agency; and GENERAL PROVISIONS action by the institution’s State (ii) Refers the matter to Department ■ 42. The authority citation for part 668 authorizing body or accrediting agency. staff for review and analysis under continues to read as follows: § 602.32 or § 602.33, as appropriate; * * * * * review by the Advisory Committee Authority: 20 U.S.C. 1001–1003, 1070g, § 668.41 [Amended] 1085, 1088, 1091, 1092, 1094, 1099c–1, under § 602.34; and consideration by ■ 1221–3, and 1231a, unless otherwise noted. 46. Section 668.41 is amended by: the senior Department official under ■ a. Removing the word ‘‘calculates’’ § 602.36; or § 668.8 [Amended] and adding in its place the phrase (2)(i) Provides the information to the ■ 43. Section 668.8 is amended in ‘‘publishes or uses in advertising’’ in agency and the senior Department paragraph (l)(2) introductory text by paragraph (d)(5)(i)(A); official; removing the words ‘‘in accordance ■ b. Removing and reserving paragraph (ii) Permits the agency to respond to with 34 CFR 602.24(f) or, if applicable, (d)(5)(ii); and the Secretary and the senior Department 34 CFR 603.24(c),’’. ■ c. Removing paragraph (d)(5)(iii). official in writing, and to include ■ 47. Section 668.43 is amended by: § 668.14 [Amended] additional documentation relevant to ■ a. Removing the word ‘‘and’’ at the the issue, and specifies a deadline; ■ 44. Section 668.14 is amended in end of paragraph (a)(5)(iii); paragraph (b)(32) introductory text by ■ b. Adding the word ‘‘and’’ at the end (iii) Provides the senior Department removing the citation ‘‘34 CFR 602.3’’ of paragraph (a)(5)(iv)’ official with an opportunity to respond and adding in its place ‘‘34 CFR 600.2’’. ■ c. Adding paragraph (a)(5)(v); in writing to the agency’s submission ■ 45. Section 668.26 is amended by: ■ d. Removing the word ‘‘and’’ at the under paragraph (g)(2)(ii) of this section, ■ a. Redesignating paragraph (e) as end of paragraph (a)(10)(iii); specifying a deadline; and paragraph (f); and ■ e. Revising paragraphs (a)(11) and (iv) Issues a recognition decision ■ b. Adding new paragraph (e). (12); based on all the materials described in The addition reads as follows: ■ f. Adding paragraphs (a)(13) through paragraphs (e) and (g) of this section. (20); and § 668.26 End of an institution’s ■ g. Adding paragraph (c). (h) No agency may submit participation in the Title IV, HEA programs. information to the Secretary, or ask The additions read as follows: others to submit information on its * * * * * (e) Notwithstanding paragraph (d) of § 668.43 Institutional information. behalf, for purposes of invoking this section, with agreement from the (a) * * * paragraph (g) of this section. Before institution’s accrediting agency and (5) * * * invoking paragraph (g) of this section, State, the Secretary may permit an (v) If an educational program is the Secretary will take into account institution to continue to originate, designed to meet educational whether the information, if submitted award, or disburse funds under a title requirements for a specific professional by a third party, could have been IV, HEA program for no more than 120 license or certification that is required submitted in accordance with days following the end of the for employment in an occupation, or is § 602.32(a) or § 602.33(c). institution’s participation in the advertised as meeting such (i) If the Secretary does not reach a program if— requirements, information regarding final decision on appeal to approve, (1) The institution has notified the whether completion of that program deny, limit, suspend, or terminate an Secretary of its plans to conduct an would be sufficient to meet licensure agency’s recognition before the orderly closure in accordance with any requirements in a State for that expiration of its recognition period, the applicable requirements of its occupation, including— Secretary automatically extends the accrediting agency; (A) A list of all States for which the recognition period until a final decision (2) As part of the institution’s orderly institution has determined that its is reached. closure, it is performing a teach-out that curriculum meets the State educational (Authority: 20 U.S.C. 1099b) has been approved by its accrediting requirements for licensure or agency; certification; PART 603—SECRETARY’S (3) The institution agrees to abide by (B) A list of all States for which the RECOGNITION PROCEDURES FOR the conditions of the program institution has determined that its STATE AGENCIES participation agreement that was in curriculum does not meet the State effect prior to the end of its educational requirements for licensure ■ 39. The authority citation for part 603 participation, except that it will or certification; and continues to read as follows: originate, award, or disburse funds (C) A list of all States for which the Authority: 20 U.S.C. 1094(C)(4), unless under that program only to previously institution has not made a otherwise noted. enrolled students who can complete the determination that its curriculum meets program within 120 days of the date that the State educational requirements for § 603.24 [Amended] the institution’s participation ended; licensure or certification; ■ 40. Section 603.24 is amended by and * * * * * removing paragraph (c) and (4) The institution presents the (11) A description of the transfer of redesignating paragraph (d) as Secretary with acceptable written credit policies established by the paragraph (c). assurances that— institution which must include a

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00089 Fmt 4701 Sfmt 4702 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 27492 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Proposed Rules

statement of the institution’s current Engagement, the Community College institution must provide notice to that transfer of credit policies that includes, Survey of Student Engagement, State effect to the student within 14 calendar at a minimum— data systems, or other relevant sources days of making such determination. (i) Any established criteria the approved by the institution’s accrediting (3)(i) Disclosures under paragraphs institution uses regarding the transfer of agency as applicable; (c)(1) and (2) of this section must be credit earned at another institution and (15) The types of graduate and made directly to the student in writing, any types of institutions or sources from professional education in which which may include through email or which the institution will not accept graduates of the institution’s four-year other electronic communication. credits; and degree programs enrolled, gathered from (ii) A list of institutions with which such sources as alumni surveys, student (ii)(A) For purposes of this paragraph the institution has established an satisfaction surveys, the National (c), an institution must make a articulation agreement; and Survey of Student Engagement, State determination regarding the State in (iii) Written criteria used to evaluate data systems, or other relevant sources; which a student is located in and award credit for prior learning (16) The fire safety report prepared by accordance with the institution’s experience including, but not limited to, the institution pursuant to § 668.49; policies or procedures, which must be service in the armed forces, paid or (17) The retention rate of certificate- applied consistently to all students. unpaid employment, or other or degree-seeking, first-time, full-time, (B) The institution must, upon demonstrated competency or learning. undergraduate students entering such request, provide the Secretary with (12) A description of written institution; written documentation of its arrangements the institution has entered (18) Institutional policies regarding determination of a student’s location into in the program description in vaccinations; under paragraph (c)(3)(ii)(A) of this accordance with § 668.5, including, but (19) If the institution is required to section, including the basis for such not limited to, information on— maintain a teach-out plan by its determination; and accrediting agency, notice that the (i) The portion of the educational (C) An institution must make a program that the institution that grants institution is required to maintain such teach-out plan and the reason that the determination regarding the State in the degree or certificate is not providing; which a student is located at the time (ii) The name and location of the accrediting agency required such plan under § 602.24(c)(1); and of the student’s initial enrollment in an other institutions or organizations that educational program and, if applicable, are providing the portion of the (20) If the institution is aware that it is under investigation, action, or upon formal receipt of information from educational program that the institution the student, in accordance with the that grants the degree or certificate is prosecution by a law enforcement agency for an issue related to academic institution’s procedures under not providing; paragraph (c)(3)(ii)(A) of this section, (iii) The method of delivery of the quality, misrepresentation, fraud, or other severe matter, notice of that fact. that the student’s location has changed portion of the educational program that to another State. the institution that grants the degree or * * * * * * * * * * certificate is not providing; and (c) Direct disclosures to students. (1) (iv) Estimated additional costs If the institution has made a § 668.188 [Amended] students may incur as the result of determination under paragraph (a)(5)(v) ■ enrolling in an educational program that of this section that the program’s 48. Section 668.188 is amended in is provided, in part, under the written curriculum does not meet the State paragraph (c) introductory text by arrangement. educational requirements for licensure removing the citation ‘‘34 CFR 602.3’’ (13) The percentage of those enrolled, or certification in the State in which a and adding in its place ‘‘34 CFR 600.2’’. full-time students at the institution prospective student is located, or if the PART 674—FEDERAL PERKINS LOAN who— institution has not made a PROGRAM (i) Are male; determination regarding whether the program’s curriculum meets the State (ii) Are female; ■ 49. The authority citation for part 674 (iii) Receive a Federal Pell Grant; and educational requirements for licensure continues to read as follows: (iv) Are a self-identified member of a or certification, the institution must racial or ethnic group; provide notice to that effect to the Authority: 20 U.S.C. 1070g, 1087aa– (14) If the institution’s accrediting student prior to the student’s enrollment 1087hh; Pub. L. 111–256, 124 Stat. 2643; agency or State requires the institution in the program. unless otherwise noted. to calculate and report a placement rate, (2) If the institution makes a § 674.33 [Amended] the institution’s placement in determination under paragraph employment of, and types of (a)(5)(v)(B) of this section that a ■ 50. Section 674.33 is amended in employment obtained by, graduates of program’s curriculum does not meet the paragraph (g)(4)(i)(C) by removing the the institution’s degree or certificate State educational requirements for citation ‘‘34 CFR 602.2’’ and adding in programs, gathered from such sources as licensure or certification in a State in its place ‘‘34 CFR 600.2’’. alumni surveys, student satisfaction which a student who is currently [FR Doc. 2019–12371 Filed 6–11–19; 8:45 am] surveys, the National Survey of Student enrolled in such program is located, the BILLING CODE 4000–01–P

VerDate Sep<11>2014 17:19 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00090 Fmt 4701 Sfmt 9990 E:\FR\FM\12JNP2.SGM 12JNP2 jbell on DSK3GLQ082PROD with PROPOSALS2 Vol. 84 Wednesday, No. 113 June 12, 2019

Part III

Department of Defense General Services Administration National Aeronautics and Space Administration

48 CFR Chapter 1 Federal Acquisition Regulations; Final Rules

VerDate Sep<11>2014 18:38 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12JNR2.SGM 12JNR2 jbell on DSK3GLQ082PROD with RULES2 27494 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective date, see the Administration (NASA). separate document, which follows. GENERAL SERVICES ADMINISTRATION ACTION: Summary presentation of a final FOR FURTHER INFORMATION CONTACT: Mr. rule. Michael O. Jackson, Procurement NATIONAL AERONAUTICS AND Analyst, at 202–208–4949 for SPACE ADMINISTRATION SUMMARY: This document summarizes clarification of content. For information the Federal Acquisition Regulation pertaining to status or publication 48 CFR Chapter 1 (FAR) rule agreed to by the Civilian schedules, contact the Regulatory Agency Acquisition Council and the Secretariat Division at 202–501–4755. [Docket No. FAR 2019–0002, Sequence Defense Acquisition Regulations Please cite FAC 2019–03, FAR case No. 2] Council (Councils) in this Federal 2017–006. Federal Acquisition Regulation; Acquisition Circular (FAC) 2019–03. A Federal Acquisition Circular 2019–03; companion document, the Small Entity Introduction Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is AGENCY: Department of Defense (DoD), available via the internet at http:// General Services Administration (GSA), www.regulations.gov.

RULE LISTED IN FAC 2019–03

Subject FAR case Analyst

Exception from Certified Cost or Pricing Data Requirements—Adequate Price Competition ...... 2017–006 Jackson.

SUPPLEMENTARY INFORMATION: A the Administrator of National DEPARTMENT OF DEFENSE summary for the FAR rule follows. For Aeronautics and Space Administration. GENERAL SERVICES the actual revisions and/or amendments Unless otherwise specified, all ADMINISTRATION made by this FAR Case, refer to the Federal Acquisition Regulation (FAR) specific subject set forth in the and other directive material contained document following this item summary. NATIONAL AERONAUTICS AND in FAC 2019–03 is effective June 12, FAC 2019–03 amends the FAR as SPACE ADMINISTRATION 2019 except for FAR Case 2017–006, follows: which is effective July 12, 2019. 48 CFR Part 15 Exception From Certified Cost or Pricing Data Requirements—Adequate Kim Herrington, [FAC 2019–03; FAR Case 2017–006; Docket Price Competition (FAR Case 2017–006) Acting Principal Director, Defense Pricing and No. 2017–0006; Sequence No. 1] Contracting, Department of Defense. RIN 9000–AN53 This final rule amends the FAR to Jeffrey A. Koses, provide guidance to DoD, NASA, and Federal Acquisition Regulation: the Coast Guard, consistent with section Senior Procurement Executive/Deputy CAO, Exception From Certified Cost or 822 of the National Defense Office of Acquisition Policy, U.S. General Services Administration. Pricing Data Requirements—Adequate Authorization Act for Fiscal Year 2017 Price Competition that addresses the exception from William G. Roets, II, certified cost or pricing data Acting Assistant Administrator, Office of AGENCY: Department of Defense (DoD), requirements when price is based on Procurement, National Aeronautics and General Services Administration (GSA), adequate price competition. Section 822 Space Administration. and National Aeronautics and Space excludes from the standard for adequate [FR Doc. 2019–12267 Filed 6–11–19; 8:45 am] Administration (NASA). price competition the situation in which BILLING CODE 6820–EP–P ACTION: Final rule. there was an expectation of competition, but only one offer is received. The SUMMARY: DoD, GSA, and NASA are standard of adequate price competition issuing a final rule amending the that is based on a reasonable Federal Acquisition Regulation (FAR) to expectation of competition is now provide guidance to DoD, NASA, and applicable only to agencies other than the Coast Guard, consistent with a DoD, NASA, and the Coast Guard. section of the National Defense This final rule will not have a Authorization Act for Fiscal Year 2017 significant economic impact on a that addresses the exception from substantial number of small entities. certified cost or pricing data requirements when price is based on William F. Clark, adequate price competition Director, Office of Government-wide DATES: Effective July 12, 2019. Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement Federal Acquisition Circular (FAC) Analyst, at 202–208–4949 for 2019–03 is issued under the authority of clarification of content. For information the Secretary of Defense, the pertaining to status or publication Administrator of General Services, and schedules, contact the Regulatory

VerDate Sep<11>2014 17:36 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2 jbell on DSK3GLQ082PROD with RULES2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27495

Secretariat Division at 202–501–4755. judgment, and that any regulatory 15.403–1(c)(1), i.e., ‘‘responsible Please cite FAC 2019–03, FAR Case changes should be focused on training offerors, competing independently, 2017–006. and appointment of contracting officers submit priced offers that satisfy the SUPPLEMENTARY INFORMATION: Governmentwide. Another respondent Government’s expressed requirement.’’ stated that the ability to utilize ‘‘the b. Competing Independently I. Background expectation of competition’’ is a DoD, GSA, and NASA published a valuable tool that should not be Comment: One respondent sought proposed rule at 83 FR 27303 on June removed for DoD, NASA, and the Coast elaboration on the use of the phrase 12, 2018, to revise the standard for Guard. ‘‘competing independently,’’ ‘‘adequate price competition’’ Response: This rule is required to specifically if it were to be used in the applicable to DoD, NASA, and the Coast partially implement section 822 of the context of a contractor’s affiliate or long- Guard, as required by section 822 of the NDAA for FY 2017, which excludes term agreement holder entering a price National Defense Authorization Act from the standard for adequate price competition. (NDAA) for Fiscal Year (FY) 2017 (Pub. competition the situation in which there Response: The first standard for L. 114–328). Section 822 excludes from was an expectation of competition, but adequate price competition in FAR the standard for adequate price only one offer is received. 15.403–1(c)(1)(i) already includes the competition the situation in which there 2. Applicability requirement that two or more was an expectation of competition, but responsible offerors, competing only one offer is received. The standard a. All Federal Agencies independently, submit price offers that of adequate price competition that is Comment: One respondent satisfy the Government’s expressed based on a reasonable expectation of recommended that the rule should also requirements, where award will be competition is now applicable only to apply to all Federal agencies. made in a best-value competition and agencies other than DoD, NASA, and the Response: Section 822 of the NDAA there is no finding that the price of the Coast Guard. Ten respondents for FY 2017 only applies to DoD, NASA, otherwise successful offeror is submitted comments on the proposed and the Coast Guard (see 10 U.S.C. unreasonable. Whether two offerors are rule. 2306a). competing independently is specific to the particular circumstances. II. Discussion and Analysis b. Below Simplified Acquisition The Civilian Agency Acquisition Threshold and Commercial Items 4. Impact on Burden and Procurement Council and the Defense Acquisition Comment: One respondent Action Lead Time Regulations Council (the Councils) recommended that the rule should Comment: Several respondents reviewed the public comments in the apply to all noncompetitive contracts commented on the increased burdens development of the final rule. A and subcontracts at or below the that will result from this rule and discussion of the comments and the simplified acquisition threshold (SAT) potential impact on procurement action changes made to the rule as a result of and to the acquisition of commercial lead time (PALT). One respondent those comments are provided as products and services. stated that this change will increase the follows: Response: Section 822 of the NDAA burden on the contracting officer in for FY 2017 only addressed when A. Summary of Significant Changes obtaining certified cost or pricing data contractors need to provide cost or and conducting additional proposal Instead of providing a separate pricing data for DoD, NASA, and the analysis. Another respondent was standard for DoD, NASA, and the Coast Coast Guard. Certified cost or pricing concerned that the new statutory Guard, the final rule states first what is data is not required below the SAT or framework will likely generate costly common to all agencies, and then makes for the acquisition of commercial and time-consuming rework of the standard relating to expectation of products or services. See 10 U.S.C. proposals by requiring a bidder to competition applicable only to agencies 2306a and 41 U.S.C. 3502 and 3503. provide a second, TINA-compliant other than DoD, NASA, and the Coast These sections set the threshold at $2 proposal when it is learned that they are Guard. This clarification is not intended million (section 811 of Pub. L. 115–91) the only responsive bidder. to reflect a substantive change from the and exempt commercial items. Response: This rule provides to DoD, proposed rule; rather, it is intended as 3. Terminology NASA, and the Coast Guard the revised a drafting improvement. standard on how to determine adequate For simplicity, the final rule does not a. Responsive and Viable Offer price competition. The principle will use the terms ‘‘responsive’’ and Comment: Several respondents not have an impact on offerors/ ‘‘viable,’’ but expresses the new requested a definition of ‘‘responsive contractors or contracting officers until requirements using the existing FAR offer.’’ Another respondent stated that implemented at the agency level by terminology. the term, ‘‘responsive’’ is not DoD, NASA, and the Coast Guard. There B. Analysis of Public Comments appropriate to define ‘‘adequate price are no projected reporting, competition’’ under FAR part 15. This recordkeeping, or other compliance 1. Statutory Requirement for the Rule. respondent cited a Government requirements of this rule. However, the Comment: One respondent found it Accountability Office ruling that corollary of this FAR change is that unclear what problem this rule is trying responsiveness is applicable to FAR part DoD, NASA, and the Coast Guard will to resolve. The respondent urged 14 sealed bidding acquisitions and not be required, by statute, to obtain reconsideration of this regulation until FAR part 15 contracting by negotiation. certified cost or pricing data from an the actual problem can be identified and Two respondents recommended offeror when only one offer is received targeted with an expected outcome that including a definition of ‘‘viable offer.’’ and no other exception applies, which provides an acceptable solution. The Response: The terms ‘‘responsive’’ will likely increase burden and PALT respondent further recommended that and ‘‘viable’’ have been removed from (e.g., see DoD proposed rule published contracting officers should be allowed the final rule. The concept is conveyed under DFARS Case 2017–D009 at 83 FR wide latitude to exercise business through current FAR language at FAR 30656 on June 29, 2018).

VerDate Sep<11>2014 17:36 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2 jbell on DSK3GLQ082PROD with RULES2 27496 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations

5. Subcontracts III. Applicability to Contracts at or There are no projected reporting, Below the Simplified Acquisition recordkeeping, or other compliance Comment: Several respondents raised Threshold and for Commercial Items, requirements of the rule. The rule amends issues relating to subcontracts. Including Commercially Available Off- the standards for adequate price competition for DoD, NASA, and the Coast Guard. One respondent asked whether this the-Shelf Items However, the corollary of this FAR change is rule intends for subcontracts under This rule does not contain any that DoD, NASA, and the Coast Guard will DoD, NASA, and Coast Guard contracts solicitation provision or contract clause be required to obtain certified cost or pricing to be competed at the same standard as that applies to contracts or subcontracts data from an offeror when only one offer is is being applied to prime contracts. at or below the simplified acquisition received, and no other exception applies. Since this rule does not impose a burden Another respondent was concerned threshold or contracts or subcontracts on small entities, DoD, GSA, and NASA were that the FAR rule did not implement 10 for the acquisition of commercial items, unable to identify any alternatives that would U.S.C. 2306a(b)(6), which requires a including commercially available off- reduce burden on small business and still prime contractor required to submit cost the-shelf items. meet the requirements of the statute. or pricing data to determine whether a IV. Executive Orders 12866 and 13563 Interested parties may obtain a copy subcontract under such contract Executive Orders (E.O.s) 12866 and of the FRFA from the Regulatory qualifies for an exception under 13563 direct agencies to assess all costs Secretariat Division. The Regulatory paragraph (b)(1)(A) (adequate price and benefits of available regulatory Secretariat has submitted a copy of the competition) from such requirement. alternatives and, if regulation is FRFA to the Chief Counsel for Advocacy One respondent expressed concern necessary, to select regulatory of the Small Business Administration. about restarts of subcontract approaches that maximize net benefits VII. Paperwork Reduction Act competitions when a prime contractor (including potential economic, receives only one offer for a subcontract. environmental, public health and safety The rule does not contain any This respondent also speculated that effects, distributive impacts, and information collection requirements that prime contractors may take on more equity). E.O. 13563 emphasizes the require the approval of the Office of evaluation risks to avoid finding importance of quantifying both costs Management and Budget under the suppliers unacceptable, so as not to end and benefits, of reducing costs, of Paperwork Reduction Act (44 U.S.C. up with only one responsive and viable harmonizing rules, and of promoting chapter 35). offer. flexibility. This is not a significant List of Subjects in 48 CFR Part 15 regulatory action and, therefore, was not Response: This FAR rule lays out the Government procurement. general principle of what constitutes subject to review under Section 6(b) of adequate price competition for DoD, E.O. 12866, Regulatory Planning and William F. Clark, NASA, and the Coast Guard. The details Review, dated September 30, 1993. This Director, Office of Government-wide rule is not a major rule under 5 U.S.C. of applicability to subcontracts and Acquisition Policy, Office of Acquisition 804. Policy, Office of Government-wide Policy. responsibilities of the prime contractor will be addressed at the agency level V. Executive Order 13771 Therefore, DoD, GSA and NASA are (e.g., see DoD proposed rule published This final rule is not an E.O. 13771 amending 48 CFR part 15 as set forth under DFARS Case 2017–D009 at 83 FR regulatory action, because this rule is below: 30656 on June 29, 2018). The concern not significant under E.O. 12866. about potential impact on subcontract PART 15—CONTRACTING BY awards cannot be resolved, because this VI. Regulatory Flexibility Act NEGOTIATION change is required by statute. DoD, GSA, and NASA have prepared ■ 1. The authority citation for part 15 a Final Regulatory Flexibility Analysis 6. Edits continues to read as follows: (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The Authority: 40 U.S.C. 121(c); 10 U.S.C. Comment: One respondent requested chapter 137; and 51 U.S.C. 20113. insertion of the word ‘‘or’’ between FRFA is summarized as follows: ■ 15.403–1(c)(1)(i)(A)(2) and section The reason for this action is to implement 2. Amend section 15.305 by revising (c)(1)(i)(B) to clarify that the two options section 822 of the National Defense the third sentence of paragraph (a)(1) to are separate and distinct and are not Authorization Act (NDAA) for Fiscal Year read as follows: (FY) 2017 (Pub. L. 114–328). The objective of both required to meet the standard for 15.305 Proposal evaluation. adequate price competition. this rule is to provide a separate standard for ‘‘adequate price competition’’ as the basis for (a) * * * Response: The language in the an exception to the requirement to provide (1) * * * In limited situations, a cost proposed rule text between FAR certified cost or pricing data. The statutory analysis may be appropriate to establish 15.403–1(c)(1)(i)(A) and (B) is structured basis is 10 U.S.C. 2306a, as amended by reasonableness of the otherwise consistent with the FAR drafting section 822 of the NDAA for FY 2017. Section 822 modifies 10 U.S.C. 2306a, the successful offeror’s price (see 15.403– convention for vertical lists of items Truth in Negotiations Act, which is 1(c)(1)(i)(C)). * * * separated by semi-colons: Namely, in a applicable only to DoD, NASA, and the Coast * * * * * vertical list of more than two items, the Guard. ■ 3. Amend section 15.403–1 by conjunction ‘‘and’’ or ‘‘or’’ only appears No significant issues were raised by the revising paragraph (c)(1) to read as between the last two items in the list. public with regard to the initial regulatory follows: However, as noted in section II.A. of flexibility analysis. this preamble, FAR 15.403–1(c)(1) is This rule only provides a statement of 15.403–1 Prohibition on obtaining certified internal guidance to DoD, NASA, and the revised in this final rule to provide a cost or pricing data (10 U.S.C. 2306a and 41 Coast Guard. This principle will not have U.S.C. chapter 35). drafting improvement and clarification, impact on small entities until implemented which obviates the request to modify at the agency level by DoD, NASA, and the * * * * * the proposed rule language. Coast Guard. (c) * * *

VerDate Sep<11>2014 17:36 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\12JNR2.SGM 12JNR2 jbell on DSK3GLQ082PROD with RULES2 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Rules and Regulations 27497

(1) Adequate price competition. (i) A (2) The determination that the and National Aeronautics and Space price is based on adequate price proposed price is based on adequate Administration (NASA). competition when— price competition and is reasonable has ACTION: Small Entity Compliance Guide. (A) Two or more responsible offerors, been approved at a level above the competing independently, submit contracting officer; or priced offers that satisfy the (B) Price analysis clearly SUMMARY: This document is issued Government’s expressed requirement; demonstrates that the proposed price is under the joint authority of DOD, GSA, (B) Award will be made to the offeror reasonable in comparison with current and NASA. This Small Entity whose proposal represents the best or recent prices for the same or similar Compliance Guide has been prepared in value (see 2.101) where price is a items, adjusted to reflect changes in accordance with section 212 of the substantial factor in source selection; market conditions, economic Small Business Regulatory Enforcement and conditions, quantities, or terms and Fairness Act of 1996. It consists of a (C) There is no finding that the price conditions under contracts that resulted summary of the rule appearing in of the otherwise successful offeror is from adequate price competition. Federal Acquisition Circular (FAC) unreasonable. Any finding that the price * * * * * 2019–03, which amends the Federal is unreasonable must be supported by a Acquisition Regulation (FAR). An 15.404–1 [Amended] statement of the facts and approved at asterisk (*) next to a rule indicates that a level above the contracting officer. ■ 4. Amend section 15.404–1 by a regulatory flexibility analysis has been (ii) For agencies other than DoD, removing from paragraph (b)(2)(i) ‘‘(see prepared. Interested parties may obtain NASA, and the Coast Guard, a price is 15.403–1(c)(1)(i))’’ and adding ‘‘(see further information regarding this rule also based on adequate price 15.403–1(c)(1))’’ in its place. by referring to FAC 2019–03, which competition when– [FR Doc. 2019–12263 Filed 6–11–19; 8:45 am] precedes this document. These (A) There was a reasonable BILLING CODE 6820–EP–P documents are also available via the expectation, based on market research internet at http://www.regulations.gov. or other assessment, that two or more responsible offerors, competing DEPARTMENT OF DEFENSE DATES: June 12, 2019. independently, would submit priced GENERAL SERVICES FOR FURTHER INFORMATION CONTACT: Mr. offers in response to the solicitation’s ADMINISTRATION Michael O. Jackson at 202–208–4949 for expressed requirement, even though clarification of content. For information only one offer is received from a NATIONAL AERONAUTICS AND pertaining to status or publication responsible offeror and if— SPACE ADMINISTRATION schedules, contact the Regulatory (1) Based on the offer received, the Secretariat Division at 202–501–4755. contracting officer can reasonably 48 CFR Chapter 1 Please cite FAC 2019–03, FAR Case conclude that the offer was submitted 2017–006. with the expectation of competition, [Docket No. FAR 2019–0002, Sequence No. e.g., circumstances indicate that— 2] (i) The offeror believed that at least Federal Acquisition Regulation; one other offeror was capable of Federal Acquisition Circular 2019–03; submitting a meaningful offer; and Small Entity Compliance Guide (ii) The offeror had no reason to believe that other potential offerors did AGENCY: Department of Defense (DoD), not intend to submit an offer; and General Services Administration (GSA),

RULE LISTED IN FAC 2019–03

Subject FAR case Analyst

*Exception From Certified Cost or Pricing Data Requirements—Adequate Price Competition ...... 2017–006 Jackson.

SUPPLEMENTARY INFORMATION: A the Coast Guard, consistent with section expectation of competition is now summary for the FAR rule follows. For 822 of the National Defense applicable only to agencies other than the actual revisions and/or amendments Authorization Act for Fiscal Year 2017 DoD, NASA, and the Coast Guard. made by this FAR Case, refer to the that addresses the exception from specific subject set forth in the certified cost or pricing data William F. Clark, document following this item summary. requirements when price is based on Director, Office of Government-wide FAC 2019–03 amends the FAR as adequate price competition. Section 822 Acquisition Policy, Office of Acquisition follows: excludes from the standard for adequate Policy, Office of Government-wide Policy. price competition the situation in which [FR Doc. 2019–12264 Filed 6–11–19; 8:45 am] Exception From Certified Cost or there was an expectation of competition, BILLING CODE 6820–EP–P Pricing Data Requirements—Adequate but only one offer is received. The Price Competition (FAR Case 2017–006) standard of adequate price competition This final rule amends the FAR to that is based on a reasonable provide guidance to DoD, NASA, and

VerDate Sep<11>2014 17:36 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4701 Sfmt 9990 E:\FR\FM\12JNR2.SGM 12JNR2 jbell on DSK3GLQ082PROD with RULES2 Vol. 84 Wednesday, No. 113 June 12, 2019

Part IV

The President

Proclamation 9904—National Day of Remembrance of the 75th Anniversary of D-Day

VerDate Sep<11>2014 17:43 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12JND0.SGM 12JND0 jbell on DSK3GLQ082PROD with PRESDOC0 VerDate Sep<11>2014 17:43 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\12JND0.SGM 12JND0 jbell on DSK3GLQ082PROD with PRESDOC0 27501

Federal Register Presidential Documents Vol. 84, No. 113

Wednesday, June 12, 2019

Title 3— Proclamation 9904 of June 6, 2019

The President National Day of Remembrance of the 75th Anniversary of D-Day

By the President of the United States of America

A Proclamation On June 6, 1944, D-Day, more than 130,000 American and Allied troops stormed the beaches of Normandy, France, and thousands more parachuted in behind enemy lines, on a mission to retake Europe from the control of Nazi Germany. The night before the operation, the largest amphibious assault in the history of war, General Dwight D. Eisenhower issued a message to the Allied Expeditionary Force: ‘‘The eyes of the world are upon you. The hopes and prayers of liberty-loving people everywhere march with you . . . We will accept nothing less than full victory.’’ Seventy-five years later, these words remind us of the magnitude of the day and of the heroism of the thousands who waded onto the beaches, parachuted into the country- side, and gave their all to change the course of history and to bring liberty to millions. On that fateful June morning, before dawn, paratroopers from the Army’s 82nd and 101st Airborne Divisions, among others, fell in behind enemy lines. Shortly thereafter, the first wave of American, British, and Canadian infantry divisions, which had crossed the English Channel in 7,000 vessels and landing craft, rushed forth onto the five beaches of the targeted 50- mile stretch of the French coastline, codenamed Utah, Omaha, Gold, Juno, and Sword. Awaiting these brave men was a shoreline littered with anti-landing obstacles, landmines, bunkers, and strategically positioned machine-gun nests. These defenses inflicted devastating losses on the Allied forces. 1,465 Americans perished on the beaches of Normandy that day. On Omaha Beach—the bloodiest of the five—the U.S. Army’s 1st and 29th Infantry Divisions suffered horrific losses: 2,400 soldiers were killed or wounded by day’s end. Secure in the nobility of their cause and driven by love of country, the heroes of D-Day pressed forward against the German onslaught. Through their gallantry and dedication to duty, they overwhelmed the enemy and secured a beachhead that allowed wave after wave of infantry to push onto the continent. By day’s end, the D-Day forces had pried open Europe’s northern door—so tightly sealed by the Nazis for years. Through that door streamed the forces of liberation, which ultimately ended the war, ended the horrors of the Holocaust, ended the tyrannical Hitler regime, and laid the foundations of a peace that persists to this day. Today, we pause to remember and honor all of the brave soldiers, sailors, and airmen whose selfless sacrifices catalyzed the deliverance of oppressed people and secured freedom for decades to come. May we always be true to the virtues and principles for which this D-Day generation—the Greatest Generation—paid so dearly. As we mark 75 years since the D-Day landings, we recognize that their legacy grows ever more meaningful with time. The story of America will forever include the valor and sacrifice of the intrepid servicemen who took those beaches in northwest France on June 6, 1944. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution

VerDate Sep<11>2014 17:43 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12JND0.SGM 12JND0 jbell on DSK3GLQ082PROD with PRESDOC0 27502 Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Presidential Documents

and the laws of the United States, do hereby proclaim June 6, 2019, as a National Day of Remembrance of the 75th Anniversary of D-Day. I call upon all Americans to observe this day with programs, ceremonies, and activities that honor those who fought and died so that men and women they had never met might know what it is to be free. IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of June, in the year of our Lord two thousand nineteen, and of the Independence of the United States of America the two hundred and forty-third.

[FR Doc. 2019–12552 Filed 6–11–19; 11:15 am] Billing code 3295–F9–P

VerDate Sep<11>2014 17:43 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\12JND0.SGM 12JND0 jbell on DSK3GLQ082PROD with PRESDOC0 Trump.EPS i

Reader Aids Federal Register Vol. 84, No. 113 Wednesday, June 12, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JUNE

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 71 ...... 25497, 26376, 26377, Presidential Documents 3 CFR 27044 Executive orders and proclamations 741–6000 Proclamations: 121...... 25499 The United States Government Manual 741–6000 9897...... 26313 135...... 25499 9898...... 26315 Other Services 9899...... 26317 15 CFR Electronic and on-line services (voice) 741–6020 9900...... 26319 705...... 26751 Privacy Act Compilation 741–6050 9901...... 26321 740...... 25986 9902...... 26323 746...... 25986 ELECTRONIC RESEARCH 9903...... 26737 801...... 27197 9904...... 27501 World Wide Web Executive Orders: 18 CFR 11888 (Amended by 401...... 27035 Full text of the daily Federal Register, CFR and other publications Proc. 9902) ...... 26323 420...... 27035 is located at: www.govinfo.gov. Federal Register information and research tools, including Public 5 CFR 21 CFR Inspection List and electronic text are located at: 894...... 26543 1100...... 27200 www.federalregister.gov. Proposed Rules: 1140...... 27200 532...... 26767 1143...... 27200 E-mail 1650...... 26769 FEDREGTOC (Daily Federal Register Table of Contents Electronic 1651...... 26769 22 CFR Mailing List) is an open e-mail service that provides subscribers 42...... 25989 with a digital form of the Federal Register Table of Contents. The 6 CFR digital form of the Federal Register Table of Contents includes Proposed Rules: 25 CFR HTML and PDF links to the full text of each document. 31...... 25495 Proposed Rules: 30...... 26785 To join or leave, go to https://public.govdelivery.com/accounts/ 7 CFR USGPOOFR/subscriber/new, enter your email address, then 26 CFR follow the instructions to join, leave, or manage your 3434...... 26544 subscription. Proposed Rules: 1...... 26559 340...... 26514 Proposed Rules: PENS (Public Law Electronic Notification Service) is an e-mail 372...... 26514 1...... 26605 service that notifies subscribers of recently enacted laws. To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 10 CFR 30 CFR and select Join or leave the list (or change settings); then follow 170...... 25679 Proposed Rules: the instructions. 171...... 25679 913...... 26802 FEDREGTOC and PENS are mailing lists only. We cannot Proposed Rules: 31 CFR respond to specific inquiries. 50...... 27209 171...... 26774 515...... 25992 Reference questions. Send questions and comments about the Federal Register system to: [email protected] 12 CFR 32 CFR The Federal Register staff cannot interpret specific documents or 50...... 25975 171...... 27201 regulations. 249...... 25975 268...... 27027 33 CFR FEDERAL REGISTER PAGES AND DATE, JUNE 329...... 25975 100 ...... 25680, 26565, 27036 117...... 26764, 27036 25493–25678...... 3 13 CFR 147...... 27036 25679–25974...... 4 Proposed Rules: 165 ...... 25993, 25995, 26567, 25975–26330...... 5 115...... 25496 26569, 26571, 26572, 26574, 26331–26542...... 6 27036, 27039 14 CFR 26543–26738...... 7 Proposed Rules: 26739–27026...... 10 25 ...... 25978, 26739, 26741 165 ...... 25506, 25721, 25723, 27027–27192...... 11 39 ...... 25982, 25984, 26331, 27210 27193–27502...... 12 26334, 26546, 26548, 26556, 26743, 27193 34 CFR 71 ...... 25679, 26341, 26342, Ch. II ...... 25682 26343, 26558, 26746 225...... 25996 97...... 26748, 26749 Proposed Rules: Proposed Rules: Ch. III ...... 26623 25...... 26593 600...... 27404 39 ...... 26023, 26025, 26027, 602...... 27404 26373, 26598, 26601, 26775, 603...... 27404 26778, 26781, 27042 654...... 27404

VerDate Sep 11 2014 18:57 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\12JNCU.LOC 12JNCU jbell on DSK3GLQ082PROD with FRONTCU ii Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Reader Aids

668...... 27404 180...... 26630 46 CFR 49 CFR 674...... 27404 239...... 26632 10...... 26580 541...... 27205 271...... 27057 38 CFR 11...... 26580 Proposed Rules: 300...... 25509, 25725 15...... 26580 17...... 25998, 26278 721...... 27061 270...... 27215 47 CFR 271...... 27215 39 CFR 42 CFR 1152...... 26387 20...... 26345 1...... 26363 412...... 26360 2...... 25685 40 CFR 422...... 26578 5...... 25685 50 CFR 423...... 25610, 26578 52 ...... 26019, 26347, 26349, 15...... 25685 17...... 26393 438...... 26578 27...... 26363 27039, 27202 300...... 25493 460...... 25610 64...... 25692, 26364 80...... 26980 622...... 26022 498...... 26578 Proposed Rules: 180...... 26352 635...... 25707 271...... 26359 Proposed Rules: 1 ...... 25514, 26234, 26634 648...... 26766 300...... 26576 Ch. IV...... 27070 2...... 25514 482...... 27069 660...... 25708 Proposed Rules: 25...... 25514 52 ...... 26030, 26031, 26041, 485...... 27069 27...... 25514 665...... 26394 64...... 26379 679...... 25494 26047, 26049, 26053, 26057, 44 CFR 26379, 26804, 26806, 27046, 96...... 26634 Proposed Rules: 27049, 27053, 27055, 27212 206...... 25685 648...... 26634 48 CFR 63...... 25904 660...... 27072 70...... 27055 45 CFR Ch.1 ...... 27494, 27497 81...... 26627 88...... 26580 15...... 27494

VerDate Sep 11 2014 18:57 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\12JNCU.LOC 12JNCU jbell on DSK3GLQ082PROD with FRONTCU Federal Register / Vol. 84, No. 113 / Wednesday, June 12, 2019 / Reader Aids iii

in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List June 11, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

VerDate Sep 11 2014 18:57 Jun 11, 2019 Jkt 247001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\12JNCU.LOC 12JNCU jbell on DSK3GLQ082PROD with FRONTCU