Vol. 83 Monday, No. 68 April 9, 2018

Pages 15019–15290

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 19:29 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\09APWS.LOC 09APWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS II Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018

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, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the 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 59, 1 (January 2, 1994) 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 $749 plus postage, or $808, plus postage, 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 $165, 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: 83 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 19:29 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\09APWS.LOC 09APWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS III

Contents Federal Register Vol. 83, No. 68

Monday, April 9, 2018

Agriculture Department Drug Enforcement Administration See Animal and Plant Health Inspection Service NOTICES NOTICES Importers of Controlled Substances; Applications: Agency Information Collection Activities; Proposals, AMRI Rensselaer, Inc., 15176 Submissions, and Approvals, 15125–15127 United States Pharmacopeial Convention, 15175–15176

Alcohol and Tobacco Tax and Trade Bureau Education Department PROPOSED RULES NOTICES Viticultural Areas: Meetings: Upper Hudson; Establishment, 15091–15095 National Advisory Committee on Institutional Quality and Integrity, 15133–15136 Animal and Plant Health Inspection Service PROPOSED RULES Energy Department National Poultry Improvement Plan and Auxiliary See Federal Energy Regulatory Commission Provisions, 15082–15089 NOTICES NOTICES Applications To Export Electric Energy: Meetings: Emera Energy Services Subsidiaries, 15138–15139 General Conference Committee of National Poultry Shell Energy North America (US), LP, 15136–15138 Improvement Plan and 44th Biennial Conference, Meetings: 15127 Supercritical CO2 Oxy-combustion Technology Group, 15137 Antitrust Division NOTICES Environmental Protection Agency Changes Under the National Cooperative Research and RULES Production Act: Air Quality State Implementation Plans; Approvals and UHD Alliance, Inc., 15175 Promulgations: Missouri; Update to Materials Incorporated by Reference; Bureau of Consumer Financial Protection Correcting Amendments, 15074–15075 NOTICES Requests for Information: Federal Aviation Administration Bureau Financial Education Programs, 15131–15133 RULES Coast Guard Airworthiness Directives: Airbus Airplanes, 15048–15050 RULES Bombardier, Inc., Airplanes, 15045–15048 Drawbridge Operations: Dassault Aviation Airplanes, 15038–15041 Hackensack River, Jersey City, NJ, 15067–15068 Pacific Aerospace Limited Airplanes, 15043–15045 Special Local Regulations: The Boeing Company Airplanes, 15041–15043 Wy-Hi Rowing Regatta, Detroit River, Trenton Channel, XtremeAir GmbH Airplanes, 15036–15038 Wyandotte, MI, 15065–15067 PROPOSED RULES Amendment of Class D and E Airspace: Special Local Regulations: Cape Girardeau, MO; St. Louis, MO; and Macon, MO; Chesapeake Bay, Between Sandy Point and Kent Island, Correction, 15050 MD, 15096–15098 Standard Instrument Approach Procedures, and Takeoff Choptank River, Cambridge, MD, 15099–15101 Minimums and Obstacle Departure Procedures: NOTICES Miscellaneous Amendments, 15051–15054 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 15167–15168 Funding Opportunities: Criteria and Application Procedures for Military Airport Commerce Department Program, 15191–15194 See International Trade Administration Petitions for Exemptions; Summaries, 15191, 15194–15195 See National Oceanic and Atmospheric Administration Petitions for Exemptions; Summaries: Southern Utah University; Correction, 15195 Comptroller of the Currency Wittman Regional Airport, 15194 RULES Real Estate Appraisals, 15019–15036 Federal Deposit Insurance Corporation RULES Defense Department Real Estate Appraisals, 15019–15036 RULES Paternity Claims and Adoption Proceedings Involving Federal Energy Regulatory Commission Members and Former Members of Armed Forces, 15065 NOTICES NOTICES Authorizations for Continued Project Operation: Agency Information Collection Activities; Proposals, Wisconsin Public Service Corp., 15142–15143 Submissions, and Approvals, 15133 Combined Filings, 15139–15141

VerDate Sep<11>2014 19:26 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\09APCN.SGM 09APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN IV Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Contents

Environmental Assessments; Availability, etc.: Pregnant Women: Scientific and Ethical Considerations Questar Southern Trail Pipeline Co., Navajo Tribal Utility for Inclusion in Clinical Trials, 15161–15162 Authority; Southern Trail Pipeline Abandonment International Drug Scheduling; Convention on Psychotropic Project, 15139 Substances: Records Governing Off-the-Record Communications, 15141– Single Convention on Narcotic Drugs; Cannabis Plant and 15142 Resin; Extracts and Tinctures of Cannabis; Delta-9- Tetrahydrocannabinol; Stereoisomers of Federal Motor Carrier Safety Administration Tetrahydrocannabinol; Cannabidiol, 15155–15157 NOTICES Agency Information Collection Activities; Proposals, Geological Survey Submissions, and Approvals: NOTICES Application for Certificate of Registration for Foreign Agency Information Collection Activities; Proposals, Motor Carriers and Foreign Motor Private Carriers, Submissions, and Approvals: 15222–15223 Did You Feel It? Earthquake Questionnaire, 15170–15171 Hours of Service of Drivers; Exemption Applications: National Tank Truck Carriers and Massachusetts Motor Health and Human Services Department Transportation Assn., 15221–15222 See Food and Drug Administration Qualification of Drivers; Exemption Applications: See Health Resources and Services Administration Diabetes, 15198–15200 See National Institutes of Health Diabetes Mellitus, 15202–15213, 15219–15220, 15225– NOTICES 15232 Meetings: Epilepsy and Seizure Disorders, 15213 Tick-Borne Disease Working Group, 15165 Hearing, 15201–15202 Vision, 15195–15198, 15214–15219, 15223–15225, Health Resources and Services Administration 15232–15233 NOTICES Agency Information Collection Activities; Proposals, Federal Reserve System Submissions, and Approvals: RULES NURSE Corps Loan Repayment Program, 15162–15164 Real Estate Appraisals, 15019–15036 Telehealth Resource Center Performance Measurement NOTICES Tool, 15164–15165 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Homeland Security Department Company, 15143 See Coast Guard Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 15143 Housing and Urban Development Department PROPOSED RULES Federal Trade Commission Acquisition Regulations, 15101–15117 NOTICES NOTICES Agency Information Collection Activities; Proposals, Requests for Nominations: Submissions, and Approvals, 15143–15147 Housing Counseling Federal Advisory Committee, 15168– 15170 Food and Drug Administration PROPOSED RULES Indian Affairs Bureau Color Additive Petitions: NOTICES Aker BioMarine, 15089–15090 Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Bureau of Indian Education Tribal Colleges and Submissions, and Approvals, 15148–15153 Universities; Application for Grants and Annual Agency Information Collection Activities; Proposals, Report Form, 15172 Submissions, and Approvals: Data Elements for Student Enrollment in Bureau-Funded Blood Establishment Registration and Product Listing, Schools, 15174–15175 15147–15148 Documented Petitions for Federal Acknowledgment as Class II Special Controls Guidance Document: Labeling Indian Tribe, 15171–15172 Natural Rubber Latex Condoms, 15158–15159 Leasing of Osage Reservation Lands for Oil and Gas Guidance for Industry on Postmarketing Adverse Event Mining, 15173–15174 Reporting for Medical Products and Dietary Reindeer in Alaska, 15172–15173 Supplements During an Influenza Pandemic, 15153– 15154 Interior Department Petition To Request Exemption From 100 Percent Identity See Geological Survey Testing of Dietary Ingredients: Current Good See Indian Affairs Bureau Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Internal Revenue Service Supplements, 15159–15161 NOTICES Prominent and Conspicuous Mark of Manufacturers on Meetings: Single-Use Devices, 15154–15155 Art Advisory Panel, 15236 Guidance: Taxpayer Advocacy Panel Joint Committee, 15237 Atopic Dermatitis: Timing of Pediatric Studies During Taxpayer Advocacy Panel Notices and Correspondence Development of Systemic Drugs, 15157–15158 Project Committee, 15238

VerDate Sep<11>2014 19:26 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\09APCN.SGM 09APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Contents V

Taxpayer Advocacy Panel Special Projects Committee, National Science Foundation 15237 NOTICES Taxpayer Advocacy Panel Tax Forms and Publications Meetings: Project Committee, 15237–15238 Advisory Committee for Social, Behavioral and Economic Taxpayer Advocacy Panel Taxpayer Assistance Center Sciences, 15177 Improvements Project Committee, 15236–15237 Proposal Review Panel for International Science and Taxpayer Advocacy Panel Taxpayer Communications Engineering, 15177–15178 Project Committee, 15237 Meetings; Sunshine Act, 15177 Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee, 15236 Nuclear Regulatory Commission NOTICES International Trade Administration Guidance: NOTICES Developing Principal Design Criteria for Non-Light Water Antidumping or Countervailing Duty Investigations, Orders, Reactors, 15178–15179 or Reviews: Evaluating Deviations and Reporting Defects and Cast Iron Soil Pipe From the People’s Republic of China, Noncompliance, 15179–15180 15129 Meetings; Sunshine Act, 15179 Certain Uncoated Paper From Indonesia, 15129–15131 Circular Welded Carbon Steel Pipes and Tubes From Postal Regulatory Commission Thailand, 15127–15129 NOTICES New Postal Products, 15180–15181 Justice Department Presidential Documents See Antitrust Division ADMINISTRATIVE ORDERS See Drug Enforcement Administration Defense and National Security: National Defense Authorization Act for Fiscal Year 2018; Labor Department Delegation of Authority (Memorandum of April 4, See Mine Safety and Health Administration 2018), 15287–15289

Mine Safety and Health Administration Securities and Exchange Commission RULES NOTICES Examinations of Working Places in Metal and Nonmetal Self-Regulatory Organizations; Proposed Rule Changes: Mines, 15055–15065 Cboe BZX Exchange, Inc., 15181 Examinations of Working Places in Metal and Nonmetal New York Stock Exchange, LLC, 15187–15189 Mines: Options Clearing Corp., 15181–15187 Announcement of Public Stakeholder Meetings, 15055 State Department National Endowment for the Arts NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Arts Advisory Panel, 15176–15177 Application for Immigrant Visa and Alien Registration, 15189 National Foundation on the Arts and the Humanities See National Endowment for the Arts Surface Transportation Board RULES Updating the Code of Federal Regulations, 15075–15081 National Highway Traffic Safety Administration NOTICES NOTICES Abandonment Exemptions: Petitions for Decisions of Inconsequential Noncompliance: Union Pacific Railroad Co., McLennan County, TX, General Motors, LLC, 15233–15236 15189–15190 Discontinuance of Service Exemptions: National Institutes of Health Union Pacific Railroad Co.; McLennan County, TX, NOTICES 15190–15191 Meetings: National Human Genome Research Institute, 15166– Trade Representative, Office of United States 15167 RULES National Institute of Nursing Research, 15165–15166 Removal of Rules Concerning Classification and National Institute on Deafness and Other Communication Safeguarding of National Security Information, 15054– Disorders, 15166 15055

National Oceanic and Atmospheric Administration Transportation Department RULES See Federal Aviation Administration Fisheries of the Northeastern United States: See Federal Motor Carrier Safety Administration Essential Fish Habitat, 15240–15285 See National Highway Traffic Safety Administration PROPOSED RULES Taking and Importing Marine Mammals: Treasury Department Navy Training and Testing Activities in Atlantic Fleet See Alcohol and Tobacco Tax and Trade Bureau Training and Testing Study Area, 15117–15124 See Comptroller of the Currency

VerDate Sep<11>2014 19:26 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\09APCN.SGM 09APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN VI Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Contents

See Internal Revenue Service Separate Parts In This Issue PROPOSED RULES Eliminating Unnecessary Regulations, 15095–15096 Part II Commerce Department, National Oceanic and Atmospheric Administration, 15240–15285 Veterans Affairs Department RULES Part III Schedule for Rating Disabilities: Presidential Documents, 15287–15289 Gynecological Conditions and Disorders of the Breast, 15068–15074 NOTICES Reader Aids Agency Information Collection Activities; Proposals, Consult the Reader Aids section at the end of this issue for Submissions, and Approvals: phone numbers, online resources, finding aids, and notice Monthly Certification of On-the-Job and Apprenticeship of recently enacted public laws. Training, 15238 To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/ accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

VerDate Sep<11>2014 19:26 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\09APCN.SGM 09APCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / 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 1034...... 15075 1035...... 15075 Administrative Orders: 1037...... 15075 Memorandums: 1090...... 15075 Memorandum of April 1100...... 15075 4, 2018 ...... 15289 1101...... 15075 9 CFR 1103...... 15075 1104...... 15075 Proposed Rules: 1105...... 15075 145...... 15082 1106...... 15075 146...... 15082 1108...... 15075 147...... 15082 1110...... 15075 12 CFR 1112...... 15075 34...... 15019 1113...... 15075 225...... 15019 1114...... 15075 323...... 15019 1116...... 15075 1117...... 15075 14 CFR 1119...... 15075 39 (6 documents) ...... 15036, 1120...... 15075 15038, 15041, 15043, 15045, 1132...... 15075 15048 1133...... 15075 71...... 15050 1135...... 15075 97 (2 documents) ...... 15051, 1141...... 15075 15052 1144...... 15075 15 CFR 1146...... 15075 2008...... 15054 1147...... 15075 1150...... 15075 21 CFR 1152...... 15075 Proposed Rules: 1155...... 15075 73...... 15089 1177...... 15075 1180...... 15075 27 CFR 1182...... 15075 Proposed Rules: 1184...... 15075 9...... 15091 1185...... 15075 1200...... 15075 30 CFR 1220...... 15075 56 (2 documents) ...... 15055 1242...... 15075 57 (2 documents) ...... 15055 1243...... 15075 31 CFR 1244...... 15075 Proposed Rules: 1245...... 15075 1246...... 15075 30...... 15095 1247...... 15075 32...... 15095 1248...... 15075 32 CFR 1253...... 15075 81...... 15065 1305...... 15075 33 CFR 1310...... 15075 100...... 15065 1312...... 15075 117...... 15067 1313...... 15075 1319...... 15075 Proposed Rules: 1331...... 15075 100 (2 documents) ...... 15096, 1333...... 15075 15099 50 CFR 38 CFR 648...... 15240 4...... 15068 Proposed Rules: 40 CFR 218...... 15117 52...... 15074 48 CFR Proposed Rules: 2402...... 15101 2416...... 15101 2437...... 15101 2442...... 15101 2452...... 15101 49 CFR 1001...... 15075 1003...... 15075 1004...... 15075 1005...... 15075 1007...... 15075 1011...... 15075 1012...... 15075 1013...... 15075 1016...... 15075 1018...... 15075 1019...... 15075 1033...... 15075

VerDate Sep 11 2014 19:50 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\09APLS.LOC 09APLS sradovich on DSK3GMQ082PROD with FRONT MATTER LS 15019

Rules and Regulations Federal Register Vol. 83, No. 68

Monday, April 9, 2018

This section of the FEDERAL REGISTER property collateral that is consistent are regulated by the agencies (regulated contains regulatory documents having general with safe and sound banking practices. institutions) would not be required to applicability and legal effect, most of which DATES: This final rule is effective on obtain appraisals in connection with are keyed to and codified in the Code of commercial real estate transactions Federal Regulations, which is published under April 9, 2018. 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: (commercial real estate appraisal OCC: G. Kevin Lawton, Appraiser threshold) from $250,000 to $400,000. The Code of Federal Regulations is sold by (Real Estate Specialist), (202) 649–7152, The proposal followed the completion the Superintendent of Documents. Mitchell E. Plave, Special Counsel, in early 2017 of the regulatory review Legislative and Regulatory Activities process required by the Economic Division, (202) 649–5490, or Joanne Growth and Regulatory Paperwork DEPARTMENT OF THE TREASURY Phillips, Attorney, Bank Activities and Reduction Act (EGRPRA).3 During the Office of the Comptroller of the Structure Division, (202) 649–5500, EGRPRA process, the agencies received Currency Office of the Comptroller of the numerous comments related to the Title Currency, 400 7th Street SW, XI appraisal regulations, including 12 CFR Part 34 Washington, DC 20219. For persons recommendations to increase the who are deaf or hearing impaired, TTY thresholds at or below which [Docket No. OCC–2017–0011] users may contact (202) 649–5597. transactions are exempt from the Title RIN 1557–AE18 Board: Constance Horsley, Deputy XI appraisal requirements. Among other Associate Director, (202) 452–5239, or proposals developed through the FEDERAL RESERVE SYSTEM Carmen Holly, Senior Supervisory EGRPRA process, the agencies Financial Analyst, (202) 973–6122, recommended increasing the 12 CFR Part 225 Division of Supervision and Regulation; commercial real estate appraisal or Gillian Burgess, Senior Counsel, (202) threshold to $400,000.4 [Docket No. R–1568; RIN 7100 AE–81] 736–5564, Matthew Suntag, Counsel, Title XI directs each federal financial FEDERAL DEPOSIT INSURANCE (202) 452–3694, or Kirin Walsh, institutions regulatory agency 5 to CORPORATION Attorney, (202) 452–3058, Legal publish appraisal regulations for Division, Board of Governors of the federally related transactions within its 12 CFR Part 323 Federal Reserve System, 20th and C jurisdiction. The purpose of Title XI is Streets NW, Washington, DC 20551. For RIN 3064 AE–56 to protect federal financial and public the hearing impaired only, policy interests 6 in real estate-related Telecommunications Device for the Deaf Real Estate Appraisals transactions by requiring that real estate (TDD) users may contact (202) 263– appraisals used in connection with AGENCY: Office of the Comptroller of the 4869. federally related transactions (Title XI Currency, Treasury (OCC); Board of FDIC: Beverlea S. Gardner, Senior appraisals) be performed in accordance Governors of the Federal Reserve Examination Specialist, Division of Risk with uniform standards, by individuals System (Board); and Federal Deposit Management and Supervision, (202) whose competency has been Insurance Corporation (FDIC). 898–3640, Mark Mellon, Counsel, Legal demonstrated, and whose professional ACTION: Final rule. Division, (202) 898–3884, or Lauren conduct will be subject to effective Whitaker, Senior Attorney, Legal supervision.7 SUMMARY: The OCC, Board, and FDIC Division, (202) 898–3872, Federal (collectively, the agencies) are adopting Deposit Insurance Corporation, 550 17th 3 Public Law 104–208, Div. A, Title II, section a final rule to amend the agencies’ Street NW, Washington, DC 20429. For 2222, 110 Stat. 3009–414, (1996) (codified at 12 regulations requiring appraisals of real the hearing impaired only, TDD users U.S.C. 3311). estate for certain transactions. The final may contact (202) 925–4618. 4 See FFIEC, Joint Report to Congress: Economic rule increases the threshold level at or SUPPLEMENTARY INFORMATION: Growth and Regulatory Paperwork Reduction Act, below which appraisals are not required (March 2017), (EGRPRA Report), available at I. Background and Summary of the https://www.ffiec.gov/pdf/2017_FFIEC_EGRPRA_ for commercial real estate transactions Joint-Report_to_Congress.pdf. from $250,000 to $500,000. The final Proposed Rule 5 ‘‘Federal financial institutions regulatory rule defines commercial real estate In July 2017, the agencies invited agency’’ means the Board, the FDIC, the OCC, the transaction as a real estate-related comment on a notice of proposed National Credit Union Association (NCUA), and, formerly, the Office of Thrift Supervision. 12 U.S.C. 1 financial transaction that is not secured rulemaking (proposal or proposed rule) 3350(6). by a single 1-to-4 family residential that would amend the agencies’ 6 These interests include those stemming from the property. It excludes all transactions appraisal regulations promulgated federal government’s roles as regulator and deposit secured by a single 1-to-4 family pursuant to Title XI of the Financial insurer of financial institutions that engage in real residential property, and thus estate lending and investment, guarantor or lender Institutions Reform, Recovery, and on mortgage loans, and as a direct party in real construction loans secured by a single 1- Enforcement Act of 1989 (Title XI).2 estate-related financial transactions. These federal to-4 family residential property are Specifically, the proposal would have financial and public policy interests have been excluded. For commercial real estate increased the monetary threshold at or described in predecessor legislation and transactions exempted from the accompanying Congressional reports. See Real below which financial institutions that Estate Appraisal Reform Act of 1988, H.R. Rep. No. appraisal requirement as a result of the 100–1001, pt. 1, at 19 (1988); 133 Cong. Rec. 33047– revised threshold, regulated institutions 1 82 FR 35478 (July 31, 2017). 33048 (1987). must obtain an evaluation of the real 2 12 U.S.C. 3331 et seq. 7 12 U.S.C. 3331.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15020 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Title XI directs the agencies to because they do not require the services income derived from, real estate as the prescribe appropriate standards for Title of an appraiser.13 primary source of repayment.20 XI appraisals under the agencies’ The agencies have exempted several For real estate-related financial 8 respective jurisdictions, including, at a categories of real estate-related financial transactions that are exempt from the minimum, that appraisals be: (1) transactions from the Title XI appraisal Title XI appraisal requirement because Performed in accordance with the requirements.14 The agencies have they are at or below the applicable Uniform Standards of Professional determined that these categories of thresholds or qualify for the exemption 9 Appraisal Practice (USPAP); (2) transactions do not require appraisals by for certain existing extensions of credit,21 the Title XI appraisal written appraisals, as defined by the state certified or state licensed regulations require regulated statute, by licensed or certified appraisers in order to protect federal 10 institutions to obtain an evaluation of appraisers; and (3) subject to financial and public policy interests or the real property collateral that is appropriate review for compliance with to satisfy principles of safe and sound consistent with safe and sound banking USPAP. All federally related banking. transactions must have Title XI practices.22 An evaluation should appraisals. In 1992, Congress amended Title XI, contain sufficient information and expressly authorizing the agencies to analysis to support the financial Title XI defines a ‘‘federally related establish a threshold level at or below institution’s decision to engage in the transaction’’ as a real estate-related which an appraisal by a state certified transaction.23 financial transaction that is regulated or or state licensed appraiser is not The agencies proposed to increase the engaged in by a federal financial required in connection with federally commercial real estate appraisal institutions regulatory agency and related transactions if the agencies threshold from $250,000 to $400,000. 11 requires the services of an appraiser. determine in writing that the threshold The proposal would have defined A real estate-related financial does not represent a threat to the safety commercial real estate transaction to transaction is defined as any transaction and soundness of financial include all real estate-related financial that involves: (i) The sale, lease, institutions.15 As noted above, transactions, except for those secured by purchase, investment in or exchange of transactions at or below the threshold a 1-to-4 family residential property,24 real property, including interests in level are exempt from the Title XI but including loans that finance the property, or financing thereof; (ii) the appraisal requirements and thus are not construction of 1-to-4 family properties refinancing of real property or interests federally related transactions. and that do not include permanent in real property; and (iii) the use of real 25 Under the current thresholds, financing. Under the proposal, property or interests in real property as established in 1994,16 all real estate- regulated institutions would have been security for a loan or investment, related financial transactions with a required to obtain evaluations including mortgage-backed securities.12 transaction value 17 of $250,000 or less, consistent with safe and sound banking The agencies have authority to as well as certain real estate-secured determine those real estate-related 20 See OCC: 12 CFR 34.43(a)(5); Board: 12 CFR business loans (qualifying business 225.63(a)(5); and FDIC: 12 CFR 323.3(a)(5). financial transactions that do not loans or QBLs) with a transaction value 21 Transactions that involve an existing extension require the services of a state certified of $1 million or less, do not require Title of credit at the lending institution are exempt from or state licensed appraiser and are XI appraisals.18 QBLs are business the Title XI appraisal requirements, but are required therefore exempt from the appraisal 19 to have evaluations, provided that there has been loans that are real estate-related no obvious and material change in market requirements of Title XI. These real financial transactions and that are not conditions or physical aspects of the property that estate-related financial transactions are dependent on the sale of, or rental threatens the adequacy of the institution’s real not federally related transactions under estate collateral protection after the transaction, even with the advancement of new monies; or there the statutory or regulatory definitions, 13 See 59 FR 29482 (June 7, 1994). is no advancement of new monies, other than funds 14 See OCC: 12 CFR 34.43(a); Board: 12 CFR necessary to cover reasonable closing costs. See 8 12 U.S.C. 3339. The agencies’ Title XI appraisal 225.63(a); and FDIC: 12 CFR 323.3(a). OCC: 12 CFR 34.43(a)(7) and (b); Board: 12 CFR regulations apply to transactions entered into by the 15 Housing and Community Development Act of 225.63(a)(7) and (b); and FDIC: 12 CFR 323.3(a)(7) agencies or by institutions regulated by the agencies 1992, Pub. L. 102–550, section 954, 106 Stat. 3894 and (b). that are depository institutions or bank holding (amending 12 U.S.C. 3341). 22 See OCC: 12 CFR 34.43(b); Board: 12 CFR companies or subsidiaries of depository institutions 16 See 59 FR at 29482. The NCUA has 225.63(b); and FDIC: 12 CFR 323.3(b). or bank holding companies. See OCC: 12 CFR 34, promulgated similar rules with similar thresholds. 23 Evaluations are not required to be performed in subpart C; Board: 12 CFR 225.61(b); 12 CFR part See 60 FR 51889 (October 4, 1995) and 66 FR 58656 accordance with USPAP or by state certified or state 208, subpart E; and FDIC: 12 CFR part 323. (November 23, 2001). licensed appraisers. The agencies have provided 9 USPAP is written and interpreted by the 17 For loans and extensions of credit, the supervisory guidance for conducting evaluations in Appraisal Standards Board of the Appraisal transaction value is the amount of the loan or a safe and sound manner in the Interagency Foundation. USPAP contains generally recognized extension of credit. For sales, leases, purchases, Appraisal and Evaluation Guidelines (Guidelines) ethical and performance standards for the appraisal investments in or exchanges of real property, the and the Interagency Advisory on the Use of profession in the United States, including real transaction value is the market value of the real Evaluations in Real Estate-Related Financial estate, personal property, and business appraisals. property. For the pooling of loans or interests in Transactions (Evaluations Advisory, and together See http://www.appraisalfoundation.org/imis/TAF/ real property for resale or purchase, the transaction with the Guidelines, Evaluation Guidance). See, 75 Standards/Appraisal_Standards/Uniform_ value is the amount of each loan or the market FR 77450 (December 10, 2010); OCC Bulletin 2016– Standards_of_Professional_Appraisal_Practice/ value of each real property, respectively. See OCC: 8 (March 4, 2016); Board SR Letter 16–5 (March 4, TAF/USPAP.aspx?hkey=a6420a67-dbfa-41b3-9878- 12 CFR 34.42(m); Board: 12 CFR 225.62(m); and 2016); and Supervisory Expectations for fac35923d2af. FDIC: 12 CFR 323.2(m). Evaluations, FDIC FIL–16–2016 (March 4, 2016). 10 Title XI defines ‘‘written appraisal’’ as ‘‘a 18 See OCC: 12 CFR 34.43(a)(1) and (5); Board: 12 24 A 1-to-4 family residential property is a written statement used in connection with a CFR 225.63(a)(1) and (5); and FDIC: 12 CFR property containing one, two, three, or four federally related transaction that is independently 323.3(a)(1) and (5). individual dwelling units, including manufactured and impartially prepared by a licensed or certified 19 The Title XI appraisal regulations define homes permanently affixed to the underlying land appraiser setting forth an opinion of defined value ‘‘business loan’’ to mean ‘‘a loan or extension of (when deemed to be real property under state law). of an adequately described property as of a specific credit to any corporation, general or limited See OCC: 12 CFR part 34 subpart D, Appendix A; date, supported by presentation and analysis of partnership, business trust, joint venture, pool, Board: 12 CFR 208, Appendix C; and FDIC: 12 CFR relevant market information. 12 U.S.C. 3350(10). syndicate, sole proprietorship, or other business part 365, subpart A, Appendix A. 11 12 U.S.C. 3350(4). entity.’’ OCC: 12 CFR 34.42(d); Board: 12 CFR 25 The second part of the definition was intended 12 12 U.S.C. 3350(5). 225.62(d); and FDIC: 12 CFR 323.2(d). to clarify, not be an exception to, the first part.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15021

practices in connection with single 1-to-4 family residential property, would provide burden relief for commercial real estate transactions at or including a loan for construction, will financial institutions, without below the proposed $400,000 threshold. remain subject to the $250,000 sacrificing sound risk management The agencies did not propose increasing threshold.26 The agencies made this principles or safe and sound banking the thresholds for other types of real change in the final rule after practices, and that an increase would estate-related financial transactions, but consideration of the comments, which help justify the cost and return of solicited comment on the suggested that including 1-to-4 family originating smaller and less complex appropriateness of raising the threshold constructions loans that do not include commercial real estate loans. Several for residential real estate transactions permanent financing in the definition, commenters asserted the higher and QBLs. but excluding those that do not, would threshold could be implemented easily The comment period closed on not significantly reduce burden. and would result in burden relief, for September 29, 2017. The agencies These changes are discussed in more example, by reducing loan costs and collectively received over 200 detail below, in the order in which they minimizing delays in loan processing. comments from appraisers, appraiser appear in the rule. As described in more One commenter asserted that the trade organizations, financial detail below, the effective date for the proposed increase would support local institutions, financial institutions trade rule will be the date of its publication and regional economies, and another organizations, and individuals. in the Federal Register. In the Dodd- represented that it would assist small As noted in the proposal, increases in Frank Wall Street Reform and Consumer builders. This same commenter asserted commercial property values over time Protection Act (the Dodd-Frank Act),27 that reducing burden on lenders would have required regulated institutions to Congress amended the threshold facilitate financing to builders generally, obtain Title XI appraisals for a larger provision to require ‘‘concurrence from as they rely heavily on commercial proportion of commercial real estate the Consumer Financial Protection banks for financing. transactions than in 1994 when the Bureau (CFPB) that such threshold level Commenters opposing an increase to current $250,000 threshold was provides reasonable protection for the commercial real estate appraisal established. This increase in the number consumers who purchase 1–4 unit threshold asserted that an increase 28 of appraisals required may have single-family residences.’’ The would elevate risks to financial contributed to increased burden for agencies have received concurrence institutions, the banking system, regulated institutions in terms of time from the CFPB that the commercial real borrowers, small business owners, and cost. The proposal was intended to estate appraisal threshold being adopted commercial property owners, and reduce regulatory burden consistent provides reasonable protection for taxpayers. Several of these commenters with federal financial and public policy consumers who purchase 1–4 unit asserted that the increased risk would interests in real estate-related financial single family residential properties. not be justified by burden relief. Other transactions. Based on supervisory Comments on the Proposed Increase to commenters asserted that the proposed experience and available data, the the Commercial Real Estate Appraisal increase contradicts publicly stated agencies published the proposal to Threshold concerns of the agencies relating to the accomplish these goals without posing a The agencies received a range of state of the commercial real estate threat to the safety and soundness of comments regarding the proposal to market and the quality of evaluation financial institutions. increase the commercial real estate reports. Another commenter asserted II. Revisions to the Title XI Appraisal appraisal threshold. Comments from that the inclusion of construction loans Regulations financial institutions and financial extended to consumers as commercial institutions trade associations generally real estate transactions would magnify Overview of Changes supported an increase, although many risk, as the commenter viewed such After carefully considering the requested a higher increase than loans as particularly risky. One comments and conducting further proposed. Comments from appraisers commenter expressed concern that the analysis, the agencies are adopting a and appraiser-related trade associations proposal would lead to increased use of final rule that increases the commercial generally opposed an increase. automated valuations, which the real estate appraisal threshold with Commenters supporting a threshold commenter asserted are not adequate three modifications from the proposal. increase stated that an increase would substitutes for appraisals, or would First, the agencies have decided to be appropriate, given the increases in eliminate collateral verifications increase the commercial real estate real estate values since the current altogether. appraisal threshold to $500,000 rather threshold was established, the cost and Some commenters opposing the than $400,000 as proposed. Second, the time savings to lenders and borrowers threshold raised issues unrelated to risk. final rule also makes a conforming the higher threshold would provide, and A few asserted that appraisals are change to the section requiring state the burden relief it would provide to relatively inexpensive and, thus, that certified appraisers to be used for financial institutions in rural and other the proposed increase would not federally related transactions that are areas where there are reported shortages materially reduce costs. One commenter commercial real estate transactions of state licensed or state certified expressed the view that an increase in above the increased threshold. appraisers, which may have caused the commercial real estate appraisal Third, the final rule also reflects a transaction delays and increased threshold would be contrary to change to the proposed definition of lending costs. Commenters supporting a consumer protection objectives. Another commercial real estate transaction, threshold increase also asserted that it commenter asserted that the agencies which no longer includes construction are required by Title XI to receive loans secured by a single 1-to-4 family 26 Residential construction loans secured by more concurrence from the CFPB for a residential property, regardless of than one 1-to-4 family residential property will be threshold change. In support of its whether the loan is for initial considered commercial real estate transactions opposition to the proposal, a commenter subject to the higher threshold. cited a 2012 U.S. Government construction only or includes 27 Public Law 111–203, 124 Stat.1376. permanent financing. Thus, under the 28 Dodd-Frank Act, § 1473, 124 Stat. 2190 Accountability Office (GAO) report, final rule, a loan that is secured by a (amending 12 U.S.C. 3341(b)). contending that the report found no

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15022 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

support for raising the threshold.29 reliability of appraisals and whether obtain Title XI appraisals when Another commenter asserted that the appraisers’ valuations are keeping up necessary for risk management and to proposed threshold increase is contrary with property growth trends. Another preserve the safety and soundness of the to Congressional intent and also commenter expressed concern that institution. asserted that most commenters during appraisers’ access to sales contracts can A. Threshold Increase for Commercial the EGRPRA process were against a lead to an over-abundance of appraised threshold increase. values at or above the amounts in the Real Estate Transactions Several commenters rejected contracts. Definition of Commercial Real Estate assertions that there was an appraiser After carefully considering the Transaction shortage warranting regulatory relief, comments received, the agencies have The commercial real estate appraisal some asserting that any shortage is decided to increase the commercial real threshold increase applies only to caused by appraisers’ unwillingness to estate appraisal threshold. As discussed transactions defined as ‘‘commercial work for appraisal management in the proposal and further detailed real estate transactions.’’ Under the companies (AMCs) at the reduced fees below, increasing the commercial real proposed definition, a commercial real being offered to appraisers by AMCs. estate appraisal threshold will provide estate transaction would have included Two commenters questioned the impact regulatory relief for financial construction loans for 1-to-4 family of the proposed commercial real estate institutions by removing the appraisal residential units, but not those appraisal threshold on appraiser requirement for a material number of providing permanent financing. shortages, one asserting that the number transactions without threatening the Accordingly, the proposed definition of commercial real estate appraisers has safety and soundness of financial would have included a loan extended to remained relatively steady in recent institutions. finance the construction of a consumer’s years and the other asserting that The agencies are increasing the dwelling, but would have excluded appraiser shortages are primarily related threshold based on express statutory construction loans that provide both the to residential property valuations. authority to do so if they determine in Many commenters opposing the writing that the threshold does not initial construction funding and proposal highlighted the benefits that represent a threat to the safety and permanent financing. The agencies received several state licensed or state certified soundness of financial institutions.30 comments related to the proposed appraisers bring to the process of The agencies have made this safety and definition. Most comments were not valuing real estate collateral. One of soundness determination and a detailed supportive of the proposed treatment of these commenters asserted that analysis is provided below. loans to finance the construction of 1- appraisers serve a necessary function in Regarding consumer protection to-4 family residential properties. The real estate lending and expressed concerns, the agencies do not expect one commenter in support of the concerns that bypassing them to create that this increase will affect a significant proposal to include 1-to-4 family a more streamlined valuation process number of consumer transactions. As construction-only loans in the definition could lead to fraud and another real discussed in more detail below, the final of a commercial real estate transaction estate crisis. Several commenters rule is only raising the threshold for asserted that these loans are highlighted that appraisers are the only commercial real estate transactions. underwritten similar to commercial real unbiased party in the valuation process, This definition was revised to exclude estate transactions. in contrast to buyers, agents, lenders, construction loans secured by a single 1- Some commenters supported and sellers, who each have an interest to-4 family residential property, which excluding all loans to finance the in the underlying transactions. One would have included construction loans construction of 1-to-4 family residential commenter asserted that appraisers have to consumers. As a result of this change, properties from the definition. Some a unique vantage point during the the final rule will not affect a material commenters maintained that it would be property inspection process to provide number of consumer transactions. safer from a risk perspective to keep lenders with information, in addition to Regarding the efficacy of Title XI appraisals, the agencies recognize and construction loans for 1-to-4 family a valuation, that may be critical to the are supportive of the role that appraisers properties in the residential loan lending decision and help to avoid bad play in ensuring a safe and sound real category subject to the $250,000 loans and fraud. threshold. These commenters asserted Some commenters who were estate lending process, regardless of that 1-to-4 family construction loans are supportive of the proposal also whether it is in connection with an riskier than conventional residential discussed the role of appraisals and appraisal or an evaluation. Indeed, the lending, and maintained that appraisers. One of these commenters Title XI appraisal regulations, appraiser evaluations lack the market analysis asserted that appraisals are an integral independence requirements, and the needed for a phased construction part of the safety and soundness of the Guidelines emphasize the importance of project. One commenter asserted that real estate industry, but believed that an independent opinion of collateral there may be limited benefit to certain transactions are well served by value in the process of real estate including transactions to finance the alternative valuation methods. Some lending. Through the agencies’ construction of 1-to-4 family residential other commenters expressed skepticism supervisory experience with loans that properties without permanent financing about the value of appraisals prepared were exempted by the current in the definition of commercial real by independent appraisers. In this thresholds and an analysis of loan losses estate transaction, because an appraisal regard, one commenter asserted that over prior credit cycles for such loans, would be required prior to the banks have a better understanding of the agencies have found that evaluations permanent financing phase and prudent property values in their communities can be an effective valuation method for risk management would dictate than appraisers from other areas, while lower-risk transactions. Even when the obtaining the appraisal prior to initial another expressed concern for the transaction amount is at or below the threshold, the Evaluation Guidance funding. Another commenter asserted 29 See GAO, ‘‘Real Estate Appraisals: Appraisal encourages regulated institutions to that the implementation of two Subcommittee Needs to Improve Monitoring thresholds for 1-to-4 family residential Procedures,’’ GAO–12–147 (January 2012). 30 12 U.S.C. 3341(b). construction loans would cause

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15023

confusion and increase regulatory The agencies have included the term with the exception that construction burden on financial institutions. ‘‘single’’ in the definition to clarify that loans secured by a single 1-to-4 family A few commenters expressed the view only transactions secured by one 1-to-4 property would not be considered a that all residential construction loans family residential property are excluded commercial real estate transaction for should be included in the definition and from the definition of ‘‘commercial real purposes of this rule. subject to the higher threshold. One estate transaction,’’ whether financing The agencies have determined that, commenter noted that an increasing construction or for other purposes. This on balance, the benefits of adopting this percentage of 1-to-4 family properties change addresses potential confusion definition of commercial real estate are rental properties and that the about whether a loan for the transaction outweigh the drawbacks of proposed definition would have construction of multiple residential the limited inconsistency with other excluded a class of rent-dependent real properties would meet the definition of agency issuances relating to commercial estate that should be classified as ‘‘commercial real estate transaction;’’ a real estate lending. Those issuances are commercial real estate. Another loan that is secured by multiple 1-to-4 for different purposes than the Title XI commenter recommended that family residential properties (for appraisal regulations, and a different set ‘‘construction-to-permanent’’ loans be example, a loan to construct multiple of considerations is relevant for included in the definition of properties in a residential determining what types of transactions commercial real estate transaction to neighborhood) would meet the are appropriately exempt from the Title increase the financing available for new definition of commercial real estate XI appraisal requirement on the basis of home construction, indicating that strict transaction and thus be subject to the transaction size. The definition of underwriting and active engagement higher threshold. commercial real estate transaction in the among the bank, home builder, and This approach addresses concerns final rule ensures that loans made to home buyer alleviate risks for these about consumer protection, because a consumers are largely treated loans. This commenter supported large portion of loans to finance the consistently, remaining subject to the subjecting all construction loans to the purchase or initial construction of a $250,000 threshold. In addition, by same treatment, and asserted that doing single 1-to-4 family residential property categorizing residential construction so would reduce regulatory burden, that are secured by the property are loans more clearly, the definition of provide consistency, and allow for more likely to be extended to consumers who commercial real estate transaction being efficient processes. Another commenter will use the property as their dwelling. adopted can facilitate compliance and indicated that including all 1-to-4 By contrast, transactions secured by enhance the burden reduction benefits family construction loans in the multiple 1-to-4 family properties are of the rule. more likely to be transactions to real definition would avoid creating Threshold Increase additional complications by estate developers or investors in rental distinguishing such loans into two properties. The agencies proposed increasing the The agencies note that they proposed different classes. commercial real estate appraisal to treat construction-only loans to threshold from $250,000 to $400,000. In After carefully considering the consumers as commercial real estate determining the level of increase, the comments, the agencies have adopted a transactions to maintain consistency agencies considered the change in definition of commercial real estate with agency reporting standards and prices for commercial real estate transaction that excludes construction other regulations and guidance that measured by the Federal Reserve loans secured by single 1-to-4 family address construction loans to consumers Commercial Real Estate Price Index residential properties. Specifically, the in other contexts. As in the proposal, (CRE Index). As described in the final rule defines commercial real estate the definition being adopted generally proposal, the CRE Index 33 is a direct transaction as a real estate-related aligns with the categories of commercial measure of the changes in commercial financial transaction that is not secured real estate transactions under the Call real estate prices in the United States.34 by a single 1-to-4 family residential Report 31 and other agency guidance,32 property. This definition eliminates the 2009); Policy Statement on Prudent Commercial distinction between construction loans 31 The following four categories of real-estate Real Estate Loan Workouts, Board SR Letter 09–07 secured by a single 1-to-4 family secured loans in the Consolidated Reports of (October 30, 2009); Policy Statement on Prudent residential property that only finance Condition and Income (Call Report) (FFIEC 031; Commercial Real Estate Loan Workouts, FDIC FIL– construction and those that provide RCFD 1410) are largely captured in the definition 61–2009 (October 30, 2009); Concentrations in of commercial real estate transaction in the rule: (1) Commercial Real Estate Lending, Sound Risk both construction and permanent For construction, land development, and other land Management Practices, 71 FR 74580 (December 12, financing. Under the definition in the loans; (2) secured by farmland; (3) secured by 2006). final rule, neither of these types of loans residential properties with five or more units; or (4) 33 The Board publishes data on the flow of funds will be commercial real estate secured by nonfarm nonresidential properties. As and levels of financial assets and liabilities, by discussed in the proposal, loans that provide sector and financial instrument; full balance sheets, transactions; they will both remain construction funding and are secured by a single 1- including net worth, for households and nonprofit subject to the $250,000 threshold. to-4 family residential property are typically organizations, nonfinancial corporate businesses, This approach addresses the potential reported as ‘‘for construction, land development, and nonfinancial noncorporate businesses; confusion from subjecting two classes of and other land loans.’’ The definition applies to Integrated Macroeconomic Accounts; and corresponding categories of real estate-secured additional supplemental detail. See Board of construction loans secured by a single 1- loans in the FFIEC 041 and FFIEC 051 forms of the Governors of the Federal Reserve System, Financial to-4 family residential property to Call Report. Accounts of the United States, https:// different threshold levels. The revised 32 Other interagency guidance includes all www.federalreserve.gov/releases/z1/current/ definition also reflects comments stating construction loans in one category: Real Estate default.htm. Lending: Interagency Statement on Prudent Risk 34 The CRE Index is quarterly and not seasonally that Title XI appraisals are typically Management for Commercial Real Estate Lending, adjusted. See Board of Governors of the Federal conducted for loans for construction of OCC Bulletin 2015–51 (December 18, 2015); Reserve System, Series analyzer for a single 1-to-4 family residential Statement on Prudent Risk Management for FL075035503.Q, https://www.federalreserve.gov/ property regardless of whether the loan Commercial Real Estate Lending, Board SR Letter apps/fof/SeriesAnalyzer.aspx?s=FL075035503&t= 15–17 (December 18, 2015); Statement on Prudent &bc=:FI075035503,FL075035503&suf=Q; Board of provides only financing for construction Risk Management for CRE Lending, FDIC FIL–62– Governors of the Federal Reserve System, Series or provides ‘‘construction-to- 2015 (December 18, 2015); Guidance on Prudent Structure, https://www.federalreserve.gov/apps/fof/ permanent’’ financing. Loan Workouts, OCC Bulletin 2009–32 (October 30, SeriesStructure.aspx.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15024 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

The CRE Index is comprised of data advocated for automatically increasing the commercial real estate appraisal from the CoStar Commercial Repeat Sale or reevaluating the level more threshold to $500,000, rather than the Index,35 which uses repeat sale frequently than every ten years as real proposed $400,000 level. The proposed regression analysis of 1.7 million estate prices rise and valuation $400,000 threshold was based on the commercial property sales records to technology changes. Some commenters value of the CRE Index in March 2010, compare the change in price for the urged the agencies to conduct further when commercial real estate prices were same property between its most recent analysis to determine whether the at their lowest point in the most recent and previous sale transactions.36 The threshold could be increased to a higher downturn. The agencies proposed this data incorporated into this index covers amount, but did not specify an amount. conservative approach, due to the properties across the country and across Some commenters supported increasing volatility of commercial real estate 37 all price ranges, from before 1994 the threshold to $500,000 and suggested prices over time. The agencies based the through the present. that this higher figure would avoid the beginning point of this analysis on According to the CRE Index, a need for additional changes to the $250,000, because supervisory commercial property that sold for threshold in the near-term due to experience with the $250,000 threshold $250,000 as of June 30, 1994, would be expected increases in prices. A few has confirmed that this threshold level expected to sell for approximately commenters supported raising the did not threaten the safety and $760,000 as of December 2016.38 threshold to $750,000 or higher, soundness of financial institutions. However, because the price of claiming the methodology in the commercial real estate can be proposal was unnecessarily Based on the CRE Index, a commercial particularly volatile, the agencies conservative. property that sold for $250,000 as of proposed to base the increased Some commenters supported June 30, 1994, would be expected to sell threshold on the value of the CRE Index lowering the commercial real estate for $423,600 in March 2010, which was when commercial real estate prices were appraisal threshold to unspecified the trough of the CRE price cycle. at their lowest point in the most recent amounts. Some of those commenters Following this trend, that property downturn, which was $423,000 in specifically objected to the methodology would be expected to have a March 2010. The agencies invited used by the agencies in the proposal, conservative value of approximately comment on the proposed level for the asserting that adjusting the previous $509,000 as of December 2017 (as commercial real estate appraisal $250,000 level for changes in prices was shown below). Based on the comments threshold. inappropriate because that level was not received and this further review of the Most of the commenters, who itself the result of an inflation CRE Index, as well as the safety and supported increasing the threshold to at adjustment. soundness analysis discussed below, the least $400,000, supported a higher After careful consideration of the agencies have decided to finalize the amount. Some of these commenters also comments, the agencies have increased threshold at $500,000.

35 Board of Governors of the Federal Reserve of three appraisal-based commercial property series 37 See id. System, Series analyzer for FL075035503.Q, https:// from National Real Estate Investor. Id. 38 Since the proposal was published, the CRE www.federalreserve.gov/apps/fof/Series 36 CoStar, Federal Reserve’s Flow of Funds to Index data points for some of the recent quarters Analyzer.aspx?s=FL075035503&t=&bc= Incorporate CoStar Group’s Price Indices, CoStar were revised. The numbers in this document reflect (June 4, 2012), http://www.costar.com/News/ :FI075035503,FL075035503&suf=Q. Data for years the revised CRE Index. Article/Federal-Reserves-Flow-of-Funds-To- prior to 1996 are comprised of a weighted average Incorporate-CoStar-Groups-Price-Indices/138998.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4725 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES ER09AP18.006 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15025

Regarding the suggestion to raise the threat to the safety and soundness of delinquencies, or volatility in the commercial real estate appraisal financial institutions. commercial real estate market, which, threshold to $750,000 or higher, the Multiple financial institutions trade some asserted, may be indicative of a agencies also note that $750,000 was associations, financial institutions, market ‘‘bubble.’’ Some commenters close to the high point on the volatile individuals, and home builder and suggested that it is the wrong time to CRE Index, as discussed above. Given realtor associations supported the relax valuation standards, given their the volatility in commercial real estate agencies’ analysis showing that an view that past market bubbles have been prices, raising the threshold to this increase to the appraisal threshold for preceded by loosening of underwriting amount or higher would raise safety and commercial real estate would not have and appraisal standards, and that poor soundness concerns. Finally, a possible a significant impact on the safety and valuation practices contributed to losses threshold increase to $750,000 or higher soundness of financial institutions. A during past financial crises. One of may pose too great a risk to smaller few commenters noted that appraisals these commenters asserted that there is institutions, as such transactions may are only one part of the underwriting increasing risk in commercial real estate represent a higher percentage of capital process, one asserting that loans are lending, particularly among smaller for such firms than has historically been primarily underwritten on borrowers’ community and regional banks, which permitted under the 1994 threshold. ability to repay, with collateral as a the commenter believed are less likely secondary consideration. Another to have robust collateral risk In the proposal, the agencies also commenter asserted that commercial management policies, practices and invited comment on how having three borrowers tend to be larger entities, with procedures. threshold levels ($250,000 for all the capital to withstand detrimental Multiple commenters noted a 2015 transactions, $400,000 for commercial financial events and shifts in the appraiser trade association survey of real estate transactions, and $1 million market. This commenter also indicated appraisal industry professionals, for QBLs) rather than the two threshold that the proposal would not increase including chief appraisers and appraisal levels applicable to Title XI appraisals safety and soundness risk, given that the managers at financial institutions, ($1 million for QBLs and $250,000 for increased threshold would affect a which showed that the majority of those all other transactions) would affect relatively small number of transactions surveyed opposed increasing the current burden on regulated institutions. Three in the commercial real estate lending $250,000 threshold and believed that commenters supported the proposal, market. increases to the threshold could noting that having three thresholds Some commenters noted that increase risk to lenders. would have minimal impact on evaluations would be required where The agencies received a limited operations. One commenter opposed appraisals were not obtained, and some number of comments in response to the having three thresholds, asserting that it asserted that the increased use of request for comment on the data sources will increase complexity, particularly evaluations with these less complex used for the agencies’ safety and for small community banks with less loans would not increase risk if soundness analysis from financial rigorous compliance operations. The prepared with adequate analysis. One of institutions, financial institution trade agencies have determined that the these commenters asserted that associations and appraiser trade burden reduction associated with a evaluations for smaller transactions associations. Multiple commenters higher threshold for commercial real provide more targeted and precise data asserted that the data in the proposal estate transactions outweighs the than appraisals performed by someone supports the increase in the commercial potential burden of implementing three from another area. real estate threshold, and indicated that The agencies received comments from thresholds. they did not know of other sources of appraisers, appraiser-related groups and data that the agencies should consider. Safety and Soundness Considerations individuals opposing the proposed A number of commenters asserted that for Increasing the Threshold for increase, many of whom asserted that the agencies’ analysis was too Commercial Real Estate Transactions appraisals are key to preserving the safety and soundness of financial conservative, that past housing crises do Under Title XI, the agencies may set institutions and the economy. Several of not imply current volatility, and that the a threshold at or below which a Title XI these commenters claimed that data suggest the threshold could be appraisal is not required if they evaluations were not an appropriate increased further than proposed without determine in writing that such a substitute for appraisals, some threatening safety and soundness of threshold level does not pose a threat to suggesting that they are less reliable and financial institutions. One commenter the safety and soundness of financial prepared by individuals that are not opposing the proposal suggested that institutions.39 The analysis of held to the same standards as the data used in the agencies’ safety and supervisory experience and available appraisers. One commenter asserted that soundness analysis was weak and data presented in the proposal indicated the increase would pose safety and questioned why the agencies did not that the proposed threshold level of soundness risks because commercial provide specific numbers to support the $400,000 for commercial real estate loans are riskier than residential loans. assertion that the data related to charge- transactions would not have posed a Another commenter suggested that offs from 2007–2012 is ‘‘no worse than’’ threat to the safety and soundness of entry-level properties that are lower in those from the years 1991–1994, except financial institutions. The agencies price and close to the threshold are for marked increases in construction 40 invited comment on their preliminary more likely to have performance issues loan charge-offs. This commenter also finding and the data used. Taking into compared to more expensive properties. consideration those comments and 40 During the 1991–1994 credit cycle, the net One commenter raised concerns that the charge-off rate for commercial real estate loans updated analysis, discussed below, the rule focused on time and cost savings to reached a high of about 4.5 percent. During the agencies determined that the threshold financial institutions in selecting an 2007–2012 credit cycle, net charge-off rates reached level of $500,000 for commercial real appropriate valuation method, rather a high of about 3.5 percent. These are the numbers estate transactions does not pose a the agencies used to support their conclusion that than risk. the data related to charge-offs from 2007 to 2012 Several commenters voiced concerns was no worse than that from the years 1991 to 1994. 39 12 U.S.C. 3341(b). about recent price increases, increasing Continued

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15026 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

asserted that the agencies’ analysis of with transactions at or below Due to the manner in which IDIs the CoStar data should have considered $250,000.42 In the last three decades, the report information on nonfarm that newly exempted loans under the banking industry suffered two crises in nonresidential (NFNR) loans in the Call higher threshold would more likely be which poorly underwritten and Report, this data set does not enable the extended to small businesses, which by administered commercial real estate agencies to calculate the percentage of nature are more vulnerable to market loans were a key feature in elevated loans that would fall under any volatility and the potential for business levels of loan losses and bank failures. threshold amount between $250,000 failure. Supervisory experience and an and $1 million.44 The percentage of the Based on their supervisory examination of material loss reviews total dollar volume of loans that fall experiences, the agencies disagree that covering those decades suggest that beneath the $250,000 threshold is now increasing the commercial real estate larger acquisition, development, and less than one third of what it was when appraisal threshold would increase risks construction transactions pose greater the threshold was established in 1994.45 to financial institutions, including credit risk, due to the lack of This is true even for institutions under smaller institutions. As outlined earlier, appropriate underwriting and $1 billion in assets, who are more likely the agencies closely examined a variety administration of issues unique to larger to hold smaller loans. Based in part on of data and metrics indicating that the properties, such as longer construction this analysis, the agencies conclude that relative risks associated with the new periods, extended ‘‘lease up’’ periods the exposure of financial institutions threshold in terms of the scope of (the time required to lease a building will remain at acceptable levels with a covered transactions were similar to after construction), and the more $500,000 commercial real estate those presented by the 1994 threshold. complex nature of the construction of appraisal threshold. The agencies specifically examined the such properties.43 The CoStar Comps database provides information from smaller insured In addition to considering the depository institutions (IDIs) from Call sales value data on specific commercial agencies’ supervisory experience since real estate transactions and allows for an Reports to assess the concentration risk 1994, the agencies reviewed how the for institutions and concluded that these analysis of the estimated coverage at any coverage of transactions exempted by potential threshold level. As described risks were similar to those presented for the threshold would change, both in in the proposal, the agencies used this larger IDIs. The agencies also note that terms of number of transactions and dataset to analyze the impact of smaller IDIs are often better positioned aggregate value, in order to consider the increasing the commercial real estate than larger institutions to understand potential impact on safety and and quantify local real estate market appraisal threshold to $400,000, and soundness of increasing the commercial values since they serve a smaller, more have recently updated this analysis to real estate appraisal threshold to defined market area. evaluate the impact of a $500,000 $500,000. In the proposal, the agencies Regarding comments concerning threshold. An analysis of the CoStar used three different metrics to estimate evaluations as a valuation method, in Comps database for the most recent year the overall coverage of the existing the agencies’ views, evaluations are an available suggests that increasing the threshold and the proposed threshold: effective valuation method for smaller amount to $500,000 would significantly (1) The number of commercial real commercial real estate transactions and increase the number of commercial real other transactions under the thresholds. estate transactions at or under the threshold as a share of the number of all estate transactions exempted from the As provided in the Title XI appraisal Title XI appraisal requirements, but the regulations, evaluations for each commercial real estate transactions; (2) the dollar volume of commercial real portion of the total dollar volume of transaction must be consistent with safe commercial real estate transactions that and sound banking practices. The estate transactions at or under the threshold as a share of the total dollar would be exempted by the threshold Evaluation Guidance provides guidance would be comparatively minimal. on appropriate evaluation practices. In volume of all commercial real estate adopting the increased threshold for transactions; and (3) the dollar volume At the existing $250,000 threshold commercial real estate transactions, the of commercial real estate transactions at and the proposed $400,000 threshold, agencies note that regulated institutions or under the threshold relative to IDIs’ the percentage of commercial properties have the flexibility to choose to obtain capital and the allowance for loan and with loans in the CoStar Comps a Title XI appraisal when markets are lease losses, which act as buffers to database that would be exempted from volatile or when an appraisal is absorb losses, as explained below. The the Title XI appraisal regulations would warranted for other reasons.41 agencies examined data reported on the have been 16.1 percent and 26.3 The agencies have no evidence that Call Report and data from the CoStar increasing the appraisal threshold to Comps database to estimate the volume 44 As described in the proposal, IDIs annually of commercial real estate transactions report information on NFNR loans in the Call $500,000 for commercial real estate Report by three separate size categories: (1) Loans transactions will materially increase the covered by the existing threshold and with original amounts of $100,000 or less; (2) loans risk of loss to financial institutions. increased thresholds. with original amounts of more than $100,000, but Analysis of supervisory experience The Call Report data shows that the $250,000 or less; and (3) loans with original scope of the exemption in 1994, in amounts of more than $250,000, but $1 million or concerning losses on commercial real less. They also annually report the dollar amount estate transactions suggests that faulty terms of the number of transactions of all NFNR loans, including those over $1 million. valuations of the underlying real estate impacted, decreased significantly over Using this data, the agencies calculated the dollar collateral since 1994 have not been a time, and implies that raising the amount of NFNR loans at or under the current commercial real estate appraisal $250,000 threshold as a percentage of the dollar material cause of losses in connection amount of all NFNR loans. threshold to $500,000 will not involve 45 In the proposal, the agencies explained that 18 Federal Reserve Bank of San Francisco: Aggregate a greater number of transactions than percent of the dollar volume of all NFNR loans Net Charge-Off Rate Database as derived from the when the thresholds were established in reported by IDIs had original loan amounts of Federal Financial Institutions Examination Council 1994. $250,000 or less when the current appraisal Consolidated Reports of Condition and Income, threshold was established in 1994, but as of the FFIEC031 4Q 2016: http://www.frbsf.org/banking/ fourth quarter of 2016, approximately 4 percent of data/aggregate-data/. 42 See 82 FR at 35484. the dollar volume of such loans had original loan 41 75 FR 77450, 77460. 43 See id. amounts of $250,000 or less. 82 FR at 35485.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15027

percent, respectively.46 The $500,000 transaction value of $1 million or less.48 commenters also expressed concern threshold that the agencies are adopting Accordingly, the agencies proposed to over the lack of standards for will increase the percentage of require that regulated institutions evaluations and the lack of oversight transactions affected by another 5.5 entering into commercial real estate and regulation for persons performing percent, resulting in 31.9 percent of transactions at or below the proposed evaluations. One commenter urged the loans in the CoStar database being commercial real estate appraisal agencies to increase the qualification exempt from the appraisal requirement, threshold obtain evaluations that are requirements for those completing or 15.7 percent more transactions than consistent with safe and sound banking evaluations if the commercial real estate under the $250,000 threshold. The practices unless the institution chooses appraisal threshold were increased. proposed $400,000 threshold would to obtain an appraisal for such As discussed in the proposal, have increased the percentage of transactions.49 institutions must obtain evaluations that exempted transactions by dollar volume The agencies are adopting this aspect are consistent with safe and sound from 0.5 percent, under the current of the proposal in the final rule without banking practices. The agencies have threshold, to 1.2 percent. Increasing the change.50 An evaluation estimates the provided guidance to regulated threshold to $500,000 would increase market value of real estate, but is not institutions on evaluations.53 The the dollar volume by an additional 0.5 subject to the same requirements as a Guidelines state that evaluations should percent, so that a total of 1.8 percent of Title XI appraisal. For example, a Title be performed by persons who are the dollar volume of loans in the CoStar XI appraisal must be performed by a competent and have the relevant database will be exempt from the state certified or state licensed appraiser experience and knowledge of the appraisal requirement, or 1.3 percent and must conform to USPAP standards, market, location, and type of real more of the dollar volume than under whereas evaluations are not required to property being valued. An evaluation is the $250,000 threshold. Thus, this be performed by individuals with not required to be completed by a state analysis indicates that the increased specific credentials or to conform to licensed or state certified appraiser, but threshold will affect a low aggregate USPAP standards. As noted above, the may be completed by an employee of dollar volume, but a material number of agencies have issued guidance on the the regulated institution or by a third transactions. preparation of evaluations.51 party, as addressed in the Evaluations 54 The agencies have used this analysis The agencies requested comment on Advisory. However, the agencies’ final and the Call Report analysis to the proposed requirement that regulated rule does not prohibit regulated determine that increasing the institutions obtain evaluations for institutions from using state licensed or commercial real estate appraisal commercial real estate transactions at or state certified appraisers to prepare threshold to $500,000 does not pose a below the proposed commercial real evaluations. A Title XI appraisal would threat to safety and soundness. In estate appraisal threshold. The agencies satisfy the requirement for an reaching this determination, the also asked related questions concerning ‘‘appropriate evaluation of real property agencies also considered the fact that whether additional guidance is needed collateral that is consistent with safe evaluations would be required for such by institutions to support the increased and sound banking practices;’’ thus, transactions. The Guidelines provide use of evaluations as well as questions regulated institutions that choose to regulated institutions with guidance on concerning burden and costs related to obtain Title XI appraisals for real estate- establishing parameters for ordering the use of evaluations. related financial transactions that require evaluations are not in violation Title XI appraisals for transactions that Evaluations Required at or Below the of the Title XI appraisal regulations. present significant risk, even if those Threshold transactions are eligible for evaluations Evaluation Guidance 47 Several commenters generally under the regulation. Regulated supported the proposal that regulated The agencies also requested comment institutions are encouraged to continue institutions obtain evaluations for on the type of additional guidance, if using a risk-focused approach when commercial real estate transactions at or any, regulated institutions need to considering whether to order an below the threshold. Other commenters support the increased use of appraisal for real estate-related financial expressed concern regarding the evaluations. In response, the agencies transactions. competency and credentialing of received comments indicating concern B. Use of Evaluations persons performing evaluations, as well regarding the clarity of, and the burden as concerns regarding difficulty in produced by, the existing guidance on Overview locating persons qualified to perform evaluations. A few commenters The Title XI appraisal regulations evaluations.52 Some of these requested that the agencies provide require regulated institutions to obtain additional guidance, such as guidance evaluations for three categories of real 48 See OCC: 12 CFR 34.43(a)(1) and (5); Board: 12 relating to the adequacy of evaluation estate-related financial transactions that CFR 225.63(a)(1) and (5); and FDIC: 12 CFR products available on the market or 323.3(a)(1) and (5). examples of acceptable industry the agencies have determined do not 49 An evaluation is not required when real estate- require a Title XI appraisal, including related financial transactions meet the threshold practices for evaluations. Some other commercial and residential real-estate criteria and also qualify for another exemption from related financial transactions of the appraisal requirements where no evaluation is in the proposal: ‘‘Unlike appraisals, evaluations required by the regulation. may be performed by a lender’s own employees and $250,000 or less and QBLs with a 50 The agencies are adopting the commercial real are not required to comply with USPAP.’’ The estate appraisal threshold at $500,000, which is agencies agree with the commenter that regulations 46 Certain percentages shown here differ from the higher than proposed. Financial institutions will be do not prohibit employees of regulated institutions values presented in the proposal because of ongoing required to obtain evaluations for commercial real from preparing appraisals if they are so qualified refinements to the database and filters used to estate transactions with transaction values of and independent of the real estate-related financial extract the information. The methodology was $500,000 or less. transaction. further refined to improve its ability to reflect the 51 See Evaluation Guidance. 53 See Evaluation Guidance. relevant population of commercial real estate 52 A commenter highlighted two sentences in the 54 OCC Bulletin 2016–8 (March 4, 2016); Board transactions. Also, values presented here may not proposal that appeared to conflict with the SR Letter 16–05 (March 4, 2016); and Supervisory sum due to rounding. requirements of the appraisal regulations. First, the Expectations for Evaluations, FDIC FIL–16–2016 47 See Guidelines, Section XI. commenter disagreed with the following statement (March 4, 2016).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15028 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

commenters requested that the agencies for portfolio loans but would not could impose significant additional revisit and relax the current guidance address issues related to secondary costs on lenders and borrowers without pertaining to evaluations and ensure market requirements, which are outside materially increasing the safety and examiners accept evaluations when the agencies’ purview. soundness of the transactions. The permissible. One commenter expressed On the other hand, some commenters agencies’ data and analysis reflect that the view that a simplification would asserted that the agencies had overstated the increase in the commercial real make the current existing guidance for how much the proposal would reduce estate appraisal threshold and evaluations less time consuming and burden for regulated institutions, and corresponding increased use of complex for lower value transactions. questioned the agencies’ methods for evaluations could result in a cost Another commenter suggested there estimating the reduction in burden. savings of several hundred dollars for should be no need for a review of Some commenters expressed concern each commercial real estate transaction, internal evaluations where the direct regarding the length of time required to as discussed below. lender did not complete the evaluation. review an evaluation. A few Based on supervisory experience the The Evaluation Guidance provides commenters suggested that the agencies’ agencies conclude that regulated information to help ensure that cost analysis reflected a lack of institutions generally need less time to evaluations provide a credible estimate precision and absence of detailed review evaluations than Title XI of the market value of the property research to determine the cost appraisals, because the content of the pledged as collateral for the loan. The differential of appraisals and report can be less comprehensive than current Evaluation Guidance provides evaluations between the current and an appraisal report. Transactions flexibility to regulated institutions for proposed threshold. This same permitting the use of an evaluation developing evaluations that are commenter asserted that evaluations typically have a lower dollar value, appropriate for the type and risk of the lack the detail of appraisals, and, as a often are less complex, or are real estate financial transaction and result, lenders are often required to subsequent to previous transactions for does not prescribe specific valuation perform additional research in which Title XI appraisals were obtained. approaches or products to use tools in determining whether evaluations are Therefore, a consolidated analysis is the development of evaluations. Also, in credible, which reduces cost and time more likely to be used in an evaluation. addition to various valuation savings produced by the proposal. One The agencies estimate that, on average, approaches, the Guidelines discuss the commenter implied that the limited the time to review an evaluation for an possible use of several analytical guidance for performing evaluations affected transaction under the final rule methods and technological tools in the creates confusion, which results in will be approximately 30 minutes less development of evaluations, such as added costs. One commenter asserted than the time to review an appraisal.56 automated valuation models and tax that it is not true that evaluations In evaluating this rule, the agencies assessment values. The agencies will contain less detailed information or take considered the impact of obtaining continue to assess the adequacy of less time to review than appraisals.55 evaluations instead of Title XI agency guidance on evaluations. Another commenter asserted that, appraisals on regulated institutions and because evaluations provide less detail borrowers. As noted in the proposal, Cost and Burden of Evaluations than appraisals, lenders may be required based on information from industry The agencies invited comment to do more research to determine participants, the cost of third-party regarding whether the use of evaluations whether the value conclusion is evaluations of commercial real estate reduces burden and cost as compared to credible. generally ranges from $500 to over the use of Title XI appraisals. The The agencies carefully considered $1,500, whereas the cost of appraisals of agencies also invited comment on these comments in evaluating the rule’s such properties generally ranges from whether evaluations are currently impact on the time to obtain and review $1,000 to over $3,000. Commercial real prepared by in-house staff or outsourced Title XI appraisals and evaluations. The estate transactions with transaction to appraisers or other qualified agencies conclude that there may be less values above $250,000, but at or below professionals. delay in finding appropriate personnel $500,000, are likely to involve smaller The agencies received several to perform an evaluation than to and less complex properties, and comments indicating that the proposed perform a Title XI appraisal, particularly appraisals and evaluations on such increase in the commercial real estate in rural areas, because evaluations are properties would likely be at the lower appraisal threshold and the increased not required to be prepared by a end of the cost range. This third-party use of evaluations would provide cost certified or licensed appraiser. pricing information suggests a savings of and time savings for consumers and Requiring regulated institutions to several hundred dollars per transaction institutions, because evaluations tend to procure the services of a state licensed affected by the proposal. Comments cost less that appraisals and take less or state certified appraiser to prepare from financial institutions generally time to prepare. One commenter evaluations for commercial real estate affirmed similar information presented asserted that third-party evaluations are transactions at or below the threshold in the proposal. approximately 25 percent of the cost of In considering the aggregate effect of an appraisal. Another commenter 55 Two commenters disagreed with the agencies’ this rule, the agencies considered the indicated noted that some financial use of the term ‘‘loan officer’’ relative to the number of transactions affected by the estimated time for reviewing an appraisal or institutions prefer to conduct them in- evaluation, and asserted that the usage of the term increased threshold. As previously house to maintain consistency of the could be perceived to imply that originators are discussed, the agencies estimate that the product and because of staff knowledge permitted to be involved in the appraisal review number of commercial real estate of the marketplace. One commenter process, which is contrary to the agencies’ appraiser transactions that would be exempted by independence requirements. The agencies were asserted that appraiser-developed using the term ‘‘loan officer’’ in its broadest context, evaluations are unnecessarily and did not intend to imply that the officer 56 The agencies recognize some evaluations take expensive, necessitating evaluations to originating the credit may conduct appraisal or longer to review than some appraisals; yet, on be conducted in-house. Another evaluation reviews relating to that credit. The use average, evaluations are likely to take less time to of the term ‘‘loan officer’’ was not intended to review than appraisals. This view is based on commenter indicated that increasing the change standards established on appraiser supervisory experience as well as discussions with threshold would provide cost savings independence or any implementing guidance. regulated institutions.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15029

the threshold is expected to increase by $500,000 threshold, the final rule makes the approach used in adopting the 1994 approximately 16 percent under the a corresponding change to this section. amendments to the Title XI appraisal rule. Thus, while the precise number of The amendment to this provision is a regulations. The agencies are not aware affected transactions and the precise technical change that does not alter any of any evidence that using an immediate cost reduction per transaction cannot be substantive requirement. effective date in connection with the determined, the rule is expected to lead III. Effective Date 1994 amendments caused a competitive to significant cost savings for regulated disadvantage or hardship to regulated institutions that engage in commercial The agencies proposed to make the institutions. The agencies also note that real estate lending. final rule, if adopted, effective upon regulated institutions have the publication in the Federal Register. The discretion to use Title XI appraisals in Competitive Disadvantage of agencies reasoned that a delayed lieu of evaluations for any exempt Evaluations effective date was not required by transaction. The agencies received comments from applicable law because the proposal financial institutions, individuals, and a exempted additional transactions from IV. Other Efforts To Relieve Burden trade association representing valuation the Title XI appraisal requirements and Residential and Qualifying Business professionals, indicating concern that did not impose any new requirements Loan Thresholds the proposal would put smaller banks on regulated institutions.58 The agencies The agencies explained in the that do not have in-house expertise to requested comment on whether the proposal that they were not proposing prepare evaluations at a competitive proposed effective date was appropriate. any threshold increases for transactions disadvantage to larger banks. The agencies received three secured by a single 1-to-4 family Commenters asserted that these banks comments on the proposed effective residential property (residential hire outside parties to prepare date. One commenter supported the transactions) or QBLs in connection evaluations and pass the cost along to proposed effective date and did not with this rulemaking. The agencies borrowers, making their loans more think it would pose challenges to requested comment on whether there expensive than comparable loans at financial institutions. The other two are other factors that should be larger financial institutions. commenters disagreed with an In evaluating the final rule, the immediate effective date, asserting that considered in evaluating the current agencies considered these concerns. In financial institutions required time to appraisal threshold for residential response, the agencies note that the cost adjust policies and procedures to transactions. The agencies also invited for completing an evaluation would be implement the proposed changes. One comment and supporting data on the less than the cost for completing a Title commenter recommended a six-month appropriateness of raising the current $1 XI appraisal for the same property, to one-year implementation period, million threshold for QBLs and posed a which thereby reduces burden. The goal while the other suggested an effective number of specific questions related to of the agencies with this increase is to date 180 days after the final rule is regulated institutions’ experiences with provide flexibility to regulated published. QBLs. Numerous commenters, particularly institutions in approaching property The agencies have retained the financial institutions and their trade valuation. Some institutions may not proposed effective date, which is the associations, encouraged the agencies to currently be in a position to take date of publication in the Federal 59 consider increasing the threshold for advantage of this flexibility. However, Register. In doing so, the agencies residential transactions, though few raising the threshold will help those balanced the need for some financial introduced new factors for the agencies’ regulated institutions that choose to institutions to update policies and consideration. Many of these train in-house staff to perform procedures to incorporate evaluations commenters asserted that an increase evaluations and would reduce costs for for transactions exempted by the revised threshold with the benefit of an would produce cost and time savings those institutions that choose to immediate effective date, which will that would benefit regulated institutions outsource evaluations. enable institutions to benefit from lower and consumers without threatening the C. State Certified Appraiser Required costs and regulatory relief upon or safety and soundness of financial As described in the proposal, the shortly after the effective date of the institutions. In support of its position current Title XI appraisal regulations final rule. The agencies note that an that an increase would not threaten require that ‘‘[a]ll federally related effective date immediately upon safety and soundness, one of these transactions having a transaction value publication in the Federal Register is commenters asserted that there is less of $250,000 or more, other than those risk in the homogenous loan pool of 1- 58 involving appraisals of 1-to-4 family See 82 FR at 35482. to-4 family residential loans than there 59 As discussed in Section V.A of the is in commercial real estate. One residential properties, shall require an SUPPLEMENTARY INFORMATION, the 30-day delayed appraisal prepared by a State certified effective date required under the Administrative commenter asserted that the consumer appraiser.’’ 57 In order to make this Procedure Act (APA) is waived pursuant to 5 U.S.C. benefits of appraisals have been paragraph consistent with the other 553(d)(1), which provides a waiver when a overstated, that appraisals are primarily substantive rule grants or recognizes an exception for the benefit of financial institutions, proposed changes to the appraisal or relieves a restriction. Additionally, the Riegle regulations, the agencies proposed to Community Development and Regulatory and that consumers could always order change its wording to introduce the Improvement Act of 1994, Public Law 103–325, 108 their own appraisals. $400,000 threshold and use the term Stat. 2163 (Riegle Act) provides that rules imposing Several commenters supporting an additional reporting, disclosures, or other new increase in the threshold for residential ‘‘commercial real estate transaction.’’ requirements on IDIs generally must take effect on The agencies did not receive any the first day of a calendar quarter that begins on or transactions noted that an increase in comments on this proposed change. after the date on which the regulations are the threshold would be justified by Given the change from the proposed published in final form. 12 U.S.C. 4802(b). As increases in residential property values discussed further in the Section V.D of the since the current threshold was rule from a $400,000 threshold to a SUPPLEMENTARY INFORMATION, the final rule does not impose any new requirements on IDIs, and, as such, established. Some commenters 57 OCC: 12 CFR 34.43(d); Board: 12 CFR the effective date requirement of the Riegle Act is represented that relief would be 225.63(d)(2); and FDIC: 12 CFR 323.3(d)(2). inapplicable. particularly beneficial for lending in

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15030 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

rural communities that often have for residential transactions could consider if they decide to propose shortages in state licensed and state discourage entrance into the appraisal changes to the residential or QBL certified appraisers. One of these profession and cause further appraiser thresholds in the future. commenters cited feedback from several shortages. Regarding the requests for state bank supervisory agencies Regarding an increase to the appraisal clarification of the QBL threshold, the indicating that access to appraisers, threshold for QBLs, the majority of Title XI appraisal regulations have particularly for residential transactions, comments received opposed an established a $1 million threshold that is limited in rural areas within their increase. These commenters, who were is applicable to any business loans that states and that federal appraisal appraisers or their trade associations, are not dependent on the sale of, or regulations are causing significant cautioned against a loosening of rental income derived from, real estate burden. A few commenters noted that standards that could raise safety and as the primary source of repayment.60 the government sponsored enterprises soundness concerns. Commenters For example, a loan secured by a farm, (GSEs) waive appraisal requirements for supporting an increase in the QBL which could include a situation where certain residential mortgage loans that threshold asserted that the value of real one or more affiliated limited liability they purchase and they expected the estate offered as collateral on a QBL is companies own the farmland securing GSEs to expand eligibility for such a secondary consideration, because the the loan, could be treated as a QBL waivers. In this regard, they asserted primary source of repayment is not the subject to the $1 million threshold, if that increasing the threshold in the income from or sale of that collateral. repayment is primarily from the appraisal regulations would provide Some commenters also supported an proceeds from the farm business (e.g., burden relief. One of these commenters increase in the threshold due to limited sale of crops and related payments). asserted that as the GSEs expand their availability of appraisers in their states. However, a real estate-related financial appraisal waiver programs, regulated Commenters advocated a range of transaction secured by farmland whose institutions that hold residential increases from $1.5 million to $3 repayment is primarily from rental mortgage loans in portfolio will be at a million. income from renting or leasing the competitive disadvantage if the current Few commenters specifically farmland to a non-affiliated entity threshold in the appraisal regulations is addressed the agencies’ questions would be subject to the final rule’s not increased. Another commenter regarding unique risks that may be $500,000 threshold. posed by QBLs, data regarding QBLs, asserted that, even if inconsistent GSE Other Proposals and Clarifications requirements would negate some of the and regulated institutions’ experiences burden reduction, the agencies should in applying the current QBL threshold. The agencies received several raise the residential threshold now if, by Regarding risks posed by QBLs, one comments suggesting additional ways financial institutions trade association doing so, safety and soundness would the agencies could reduce burden under commented that its members consider not be jeopardized. A separate the Title XI appraisal regulations. One QBLs to be higher-risk loans. An commenter suggested that the agencies commenter urged the agencies to review appraiser trade association that was should provide a de minimis exemption the appraisal requirements of other opposed to an increase asserted that from appraisal requirements for federal agencies and pursue ways to small business loans are riskier than residential mortgage loans that are make appraisal requirements across others and that lenders with retained in portfolio by regulated agencies more consistent. The agencies concentrations in such loans are at institutions. This same commenter have publically articulated their interest greater risk. The commenter also noted urged the agencies to consider more in seeking ways to coordinate appraisal that such loans are usually held in standards across various government regional data in deciding whether to portfolio, thus increasing risk. make future changes to the threshold for agencies that are involved in residential Regarding the agencies’ requests for data 61 residential transactions. mortgage lending. The agencies have on QBLs, a commenter expressed begun conducting outreach to Many commenters, particularly surprise that the agencies lack data on government agencies to implement this appraisers and appraiser trade QBL concentrations, and asserted this goal and will continue to consider associations, supported with the lack of data further supports not opportunities to do so. agencies’ decision not to propose an increasing the threshold. In response to Another commenter asserted that the increase in the threshold for residential the agencies’ question regarding agencies should focus on allowing the transactions. Several commenters regulated institutions’ experiences in use by appraisers of products that pointed to the safety and soundness and applying the QBL threshold, a streamline the valuation process, consumer protection benefits of commenter asserted that many loan instead of exempting additional obtaining appraisals in connection with officers are poorly trained in classifying transactions from the appraisal residential transactions. Several loans as either real estate or business. requirements. Several commenters, commenters also asserted that the The commenter recommended that the including a financial institution and a appraisal regulations already exempt a agencies provide examples of these financial institutions trade association, significant percentage of residential types of loans. In addition, two suggested that certain transactions could mortgage loans. One commenter commenters asked the agencies to be added to the list of exemptions from suggested that the agencies should not clarify the QBL threshold relative to the appraisal requirements to further rely on policies of other federal entities, transactions secured by farmland. reduce regulatory burden without such as the GSEs, in making decisions The agencies appreciate the issues sacrificing safety and soundness. These about the appraisal regulations. Another raised by the commenters relating to the suggestions included exemptions for commenter expressed concern that the thresholds for residential transactions transactions secured by real estate potential negative consequences of and QBLs. As discussed in the proposal, outside the United States; loans below raising the threshold could be the agencies decided not to propose any a threshold that a bank originates and exacerbated by the loosening of change to these thresholds in appraisal standards by the GSEs for connection with this rulemaking. 60 See OCC: 12 CFR 34.43(a)(5); Board: 12 CFR some transactions. Another commenter Nevertheless, the comments reflect a 225.63(a)(5); and FDIC: 12 CFR 323.3(a)(5). asserted that increasing the threshold variety of issues that the agencies would 61 See EGRPRA Report at 36; 82 FR at 35482.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15031

retains ‘‘in-house;’’ transactions currently available to the OCC are not estate prices have increased since 1994, involving mortgage-backed securities sufficient to estimate how many OCC- when the current $250,000 threshold and pools of mortgages; and loans made supervised small entities make was established, a smaller percentage of to certain community development commercial real estate loans in amounts commercial real estate transactions are organizations. An association of state that fall between the current and final currently exempted from the Title XI bank supervisors requested that the thresholds. Therefore, we cannot appraisal requirements than when the agencies release further guidance on the estimate how many small entities may threshold was established. This Title XI process for temporary waivers be affected by the increase threshold. threshold adjustment is intended to of appraiser certification and licensing However, because the final rule does not reduce the regulatory burden associated requirements and also requested that the contain any new recordkeeping, with extending credit secured by education requirements for appraiser reporting, or compliance requirements, commercial real estate in a manner that qualifications be relaxed. A financial the final rule will not impose costs on is consistent with the safety and institution suggested establishing an any OCC-supervised institution. soundness of financial institutions. additional threshold of $50,000, below Accordingly, the OCC certifies that the which certain transactions would not final rule will not have a significant B. Statement of Objectives and Legal require appraisals or evaluations. economic impact on a substantial Basis These comments concerning number of small entities. additional potential exemptions from Board: The Board is providing a As discussed above, the agencies’ the appraisal regulations and additional regulatory flexibility analysis with objective in finalizing this threshold burden relieving measures are outside respect to this final rule. The RFA increase is to reduce the regulatory the scope of this rulemaking. However, requires that an agency prepare and burden associated with extending credit the agencies appreciate the suggestions make available a final regulatory in a safe and sound manner by reducing for ways to expand burden relief beyond flexibility analysis in connection with a the number of commercial real estate what was proposed. final rulemaking that the agency expects transactions that are subject to the Title will have a significant economic impact XI appraisal requirements. V. Regulatory Analysis on a substantial number of small Title XI explicitly authorizes the A. Waiver of Delayed Effective Date entities. The commercial real estate agencies to establish a threshold level at appraisal threshold increase applies to This final rule is effective on April 9, or below which a Title XI appraisal is certain IDIs and nonbank entities that not required if the agencies determine in 2018. The 30-day delayed effective date make loans secured by commercial real writing that the threshold does not required under the APA is waived estate.62 The SBA establishes size represent a threat to the safety and pursuant to 5 U.S.C. 553(d)(1), which standards that define which entities are soundness of financial institutions and provides for waiver when a substantive small businesses for purposes of the rule grants or recognizes an exemption RFA.63 The size standard to be receive concurrence from the CFPB that or relieves a restriction. The amendment considered a small business is: $550 such threshold level provides adopted in this final rule exempts million or less in assets for banks and reasonable protection for consumers additional transactions from the Title XI other depository institutions; and $38.5 who purchase 1-to-4 unit single-family 65 appraisal requirements, which has the million or less in annual revenues for homes. Based on available data and effect of relieving restrictions. the majority of non-bank entities that supervisory experience, the agencies Consequently, the amendment in this are likely to be subject to the final tailored the size and scope of the final rule meets the requirements for rule.64 Based on the Board’s analysis, threshold increase to ensure that it waiver set forth in the APA. and for the reasons discussed below, the would not pose a threat to the safety and soundness of financial institutions or B. Regulatory Flexibility Act final rule may have a significant positive economic impact on a erode protections for consumers who OCC: The Regulatory Flexibility Act substantial number of small entities. purchase 1-to-4 unit single-family (RFA), 5 U.S.C. 601 et seq., generally The Board requested comment on all homes. requires that, in connection with a aspects of the initial regulatory The Board’s final rule applies to state rulemaking, an agency prepare and flexibility analysis it provided in chartered banks that are members of the make available for public comment a connection with the proposal. The Federal Reserve System (state member regulatory flexibility analysis that comments received are addressed banks), as well as bank holding describes the impact of the rule on small below. entities. However, the regulatory companies and nonbank subsidiaries of flexibility analysis otherwise required A. Reasons for the Threshold Increase bank holding companies that engage in under the RFA is not required if an In response to comments received in lending. There are approximately 601 agency certifies that the rule will not the EGRPRA process and in connection state member banks and 35 nonbank have a significant economic impact on with the proposal, the agencies are lenders regulated by the Board that meet a substantial number of small entities increasing the commercial real estate the SBA definition of small entities and (defined in regulations promulgated by appraisal threshold from $250,000 to would be subject to the proposed rule. the Small Business Administration $500,000. Because commercial real Data currently available to the Board do (SBA) to include commercial banks and not allow for a precise estimate of the savings institutions, and trust 62 For its RFA analysis, the Board considered all number of small entities that will be companies, with assets of $550 million Board-regulated creditors to which the proposed affected by the final rule because the rule would apply. number of small entities that will or less and $38.5 million or less, 63 U.S. SBA, Table of Small Business Size respectively) and publishes its Standards Matched to North American Industry engage in commercial real estate certification and a brief explanatory Classification System Codes, available at https:// transactions at or below the commercial www.sba.gov/sites/default/files/files/Size_ real estate appraisal threshold is statement in the Federal Register _ Standards Table.pdf. unknown. together with the rule. 64 Asset size and annual revenues are calculated The OCC currently supervises according to SBA regulations. See 13 CFR 121 et approximately 956 small entities. Data seq. 65 12 U.S.C. 3341(b).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15032 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

C. Projected Reporting, Recordkeeping of larger entities. Thus, while the The FDIC supervises 3,675 depository and Other Compliance Requirements precise number of transactions that will institutions,68 of which 2,950 are The final rule would reduce reporting, be affected and the precise cost defined as small banking entities by the 69 recordkeeping, and other compliance reduction per transaction cannot be terms of the RFA. According to the requirements for small entities. For determined, the final rule is expected to Call Report 2,950 small entities reported transactions at or below the threshold, have a significant positive economic holding some volume of real estate- regulated institutions will be given the impact on small entities that engage in related financial transactions that meet commercial real estate lending. the final rule’s definition of a option to obtain an evaluation of the 70 property instead of an appraisal. commercial real estate transaction. D. Identification of Duplicative, Therefore, 2,950 small entities could be Evaluations may be performed by a Overlapping, or Conflicting Federal lender’s own employees and are not affected by the final rule. Regulations The final rule will raise the appraisal required to comply with USPAP. As threshold for commercial real estate discussed in detail in Section II.B of the The Board has not identified any transactions from $250,000 to $500,000. SUPPLEMENTARY INFORMATION, the cost of federal statutes or regulations that Any commercial real estate transaction obtaining appraisals and evaluations would duplicate, overlap, or conflict with the final rule. with a value in excess of the $500,000 can vary widely depending on the size threshold is required to have an and complexity of the property, the E. Discussion of Significant Alternatives appraisal by a state licensed or state party performing the valuation, and The agencies considered additional certified appraiser. Any commercial real market conditions where the property is estate transaction at or below the burden-reducing measures, such as located. Additionally, the costs of $500,000 threshold requires an increasing the commercial threshold to obtaining appraisals and evaluations evaluation. may be passed on to borrowers. Because an amount higher than $500,000 and To estimate the dollar volume of of this variation in cost and practice, it increasing the residential and business commercial real estate transactions the is not possible to precisely determine loan thresholds, but did not implement change could potentially affect, the the cost savings that regulated such measures for the safety and FDIC used information on the dollar institutions will experience due to the soundness and consumer protection volume and number of loans in the Call decreased cost of obtaining an reasons discussed in the proposal. For Report for small institutions from two evaluation rather than an appraisal. transactions exempted from the Title XI categories of loans included in the However, based on information appraisal requirements under the definition of a commercial real estate available to the Board, it is likely that commercial real estate appraisal transaction. The Call Report data reflect small entities and borrowers engaging in threshold, the final rule requires that 3.92 percent of the dollar volume of commercial real estate transactions regulated institutions to get an NFNR loans secured by real estate has could experience significant cost evaluation if they do not choose to an original amount between $1 and reductions. obtain a Title XI appraisal. The agencies $250,000, while 10.19 percent have an In addition to costing less to obtain believe this requirement is necessary to original amount between $250,000 and than appraisals, evaluations also require protect the safety and soundness of $1 million. The Call Report data also less time to review than appraisals financial institutions, which is a legal reflect that 7.30 percent of the dollar because they contain less detailed prerequisite to the establishment of any volume of agricultural loans secured by information. As discussed further in appraisal threshold. The Board is not farmland has an original amount Section II.B of the SUPPLEMENTARY aware of any other significant between $1 and $250,000, while 6.05 INFORMATION, an evaluation takes alternatives that would reduce burden percent have an original amount approximately 30 minutes less to review on small entities without sacrificing the between $250,000 and $500,000.71 than an appraisal. Thus, the agencies safety and soundness of financial Assuming that the original amount of believe that the final rule will alleviate institutions or consumer protections. NFNR loans secured by real estate and approximately 30 minutes of employee FDIC: The RFA generally requires the original amount of agricultural loans time per affected transaction for which that, in connection with a rulemaking, secured by farmland are normally the lender obtains an evaluation instead an agency prepare and make available distributed, the FDIC estimates that 6.28 of an appraisal. As discussed above, for public comment an initial regulatory and 13.35 percent of loan volume is at some commenters provided anecdotal flexibility analysis describing the or below the $500,000 threshold for evidence to show that the agencies’ impact of the proposed rule on small these categories, respectively. estimate of time savings was incorrect. entities.66 A regulatory flexibility Therefore, raising the appraisal The agencies recognize that certain analysis is not required, however, if the threshold from $250,000 to $500,000 for evaluations may take longer to review agency certifies that the rule will not commercial real estate transactions than others; however, this variation was have a significant economic impact on taken into account in the agencies’ a substantial number of small entities. 68 FDIC-supervised institutions are set forth in 12 estimate of the average time savings that The SBA has defined ‘‘small entities’’ to U.S.C. 1813(q)(2). are expected to occur. 69 FDIC Call Report, September 30, 2017. include banking organizations with total 70 The definition of ‘‘commercial real estate As previously discussed, the Board assets less than or equal to $550 transaction’’ would largely capture the following estimates that the percentage of million.67 For the reasons described four categories of loans secured by real estate in the commercial real estate transactions that below and pursuant to section 605(b) of Call Report (FFIEC 031; RCFD 1410), namely loans would be exempted by the threshold is that are: (1) For construction, land development, the RFA, the FDIC certifies that the final and other land loans; (2) secured by farmland; (3) expected to increase by approximately rule will not have a significant secured by residential properties with five or more 16 percent under the final rule. The economic impact on a substantial units; or (4) secured by NFNR properties. However, Board expects this percentage to be number of small entities. loans secured by a single 1-to-4 family residential higher for small entities, because a property would be excluded from the definition. The definition applies to corresponding categories higher percentage of their loan 66 5 U.S.C. 601 et seq. of real estate-secured loans in the FFIEC 041 and portfolios are likely to be made up of 67 13 CFR 121.201 (as amended, effective FFIEC 051 forms of the Call Report. small, below-threshold loans than those December 2, 2014). 71 FDIC Call Report, September 30, 2017.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15033

could affect an estimated 2.36 to 6.05 and require an appraisal on commercial 1995.76 In accordance with the percent of the dollar volume of all real estate transaction greater than requirements of the PRA, the agencies commercial real estate transactions $250,000 but not more than $500,000 may not conduct or sponsor, and the originated each year for small FDIC- any reduction in costs would be smaller. respondent is not required to respond supervised institutions. This estimate Any associated recordkeeping costs to, an information collection unless it assumes that the distribution of loans are unlikely to change for small FDIC- displays a currently-valid Office of for the other loan categories within the supervised entities as the amount of Management and Budget (OMB) control definition of commercial real estate labor required to satisfy documentation number. The OMB control number for transactions is similar to those loans requirements for an evaluation or an the OCC is 1557–0190, the Board is secured by NFNR properties or appraisal is estimated to be the same at 7100–0250, and the FDIC is 3064–0103, farmland. about five minutes for either an which will be extended, without The final rule is likely to reduce appraisal or evaluation. revision. The agencies have concluded valuation review costs for covered The final rule also is likely to reduce that the final rule does not contain any institutions. The FDIC estimates that it the loan origination costs associated changes to the current information takes a loan officer an average of 40 with real estate appraisals for collections; however, the agencies are minutes to review an appraisal to ensure commercial real estate borrowers. The revising the methodology for calculating that it meets that standards set forth in FDIC assumes that these costs are the burden estimates. There were no Title XI, but 10 minutes to perform a always paid by the borrower for this comments received regarding the PRA. similar review of an evaluation, which analysis. Anecdotal information from The OCC and the FDIC submitted the does not need to meet the Title XI industry participants indicates that a information collection requirements to standards for appraisals. The final rule commercial real estate appraisal costs OMB in connection with the proposal increases the number of commercial real between $1,000 to over $3,000, or about under section 3507(d) of the PRA 77 and estate transactions that would require an $2,000 on average, and a commercial section 1320.11 of the OMB’s evaluation by raising the appraisal real estate evaluation costs between implementing regulations.78 OMB filed threshold from $250,000 to $500,000. $500 to over $1,500, or about $1,000 on a comment pursuant to 5 CFR Assuming that 15 percent of the average. Based on the prior 1320.11(c) instructing the agencies to outstanding balance of commercial real assumptions, the FDIC estimates that examine public comment in response to estate transactions for small entities gets the final rule will affect approximately the proposal and describe in the renewed or replaced by new 2,003 to 5,138 transactions per year,74 or supporting statement of its next originations each year, the FDIC 0.68 to 1.74 loans on average for small collection (the final rule) any public estimates that small entities originate FDIC-supervised institutions. Therefore, comments received regarding the $31.8 billion in new commercial real the final rule could reduce loan collection as well as why (or why it did estate transactions each year. Assuming origination costs for borrowers doing not) incorporate the commenter’s that 2.36 to 6.05 percent of annual business with small entities by $2.0 to recommendation and include the draft originations represent loans with an $5.1 million on average per year.75 final rule in its next submission. The origination amount greater than By lowering valuation costs on OCC and the FDIC have resubmitted the $250,000 but not more than $500,000, commercial real estate transactions collection to OMB in connection with the FDIC estimates that the proposed greater than $250,000 but less than or the final rule. The Board reviewed the rule will affect approximately 2,003 to equal to $500,000 for small FDIC- final rule under the authority delegated 5,138 loans per year,72 or 0.68 to 1.74 supervised institutions, the final rule to the Board by OMB. could marginally increase lending loans on average for small FDIC- Information Collection supervised institutions. Therefore, activity. As discussed previously, based on an estimated hourly rate, the commenters in the EGRPRA review Title of Information Collection: final rule would reduce loan review noted that appraisals can be costly and Recordkeeping Requirements costs for small entities by $67,391 to time consuming. By enabling small Associated with Real Estate Appraisals $172,868, on average, each year.73 If FDIC-supervised institutions to utilize and Evaluations. lenders opt to not utilize an evaluation evaluations for more commercial real Frequency of Response: Event estate transactions, the final rule will generated. 72 Multiplying $31.8 billion by 2.36 percent then reduce transaction costs. The reduction Affected Public: Businesses or other dividing the product by an average loan amount of in loan origination fees could for-profit. $375,000 equals 2,003 loans and multiplying $31.8 marginally increase commercial real Respondents: billion by 6.05 percent then dividing the product OCC: National banks, federal savings estate lending activity for loans with an by an average loan amount of $375,000 equals 5,138 associations. loans. origination value greater than $250,000 Board: State member banks (SMBs) 73 The FDIC estimates that the average hourly and not more than $500,000. compensation for a loan officer is $67.29 an hour. and nonbank subsidiaries of bank The hourly compensation estimate is based on C. Paperwork Reduction Act holding companies (BHCs). published compensation rates for Credit Counselors FDIC: Insured state nonmember banks Certain provisions of the final rule and Loan Officers ($43.40). The estimate includes and state savings associations, insured the September 2017 75th percentile hourly wage contain ‘‘collection of information’’ rate reported by the Bureau of Labor Statistics, state branches of foreign banks. requirements within the meaning of the General Description of Report: For National Industry-Specific Occupational Paperwork Reduction Act (PRA) of Employment and Wage Estimates for the Depository federally related transactions, Title XI Credit Intermediation sector. The reported hourly requires regulated institutions 79 to wage rate is grossed up by 155.0 percent to account 74 Multiplying $31.8 billion by 2.36 percent then for non-monetary compensation as reported by the dividing the product by an average loan amount of 76 3rd Quarter 2017 Employer Costs for Employee $375,000 equals 2,003 loans and multiplying $31.8 44 U.S.C. 3501–3521. Compensation Data. Based on this estimate, loan billion by 6.05 percent then dividing the product 77 44 U.S.C. 3507(d). review costs would decline between $67,391 (2,003 by an average loan amount of $375,000 equals 5,138 78 5 CFR 1320. loans multiplied by 30 minutes and multiplied by loans. 79 National banks, federal savings associations, $67.29 per hour) and $172,868 (5,138 loans 75 Multiplying 2,003 loans by $1,000 savings SMBs and nonbank subsidiaries of BHCs, insured multiplied by 30 minutes and multiplied by $67.29 equals $2.0 million and multiplying 5,138 loans by state nonmember banks and state savings per hour). $1,000 savings equals $5.1 million. Continued

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15034 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

obtain appraisals prepared in Annual Frequency: 143. • Hand Delivery: Comments may be accordance with USPAP promulgated Total Estimated Annual Burden: hand delivered to the guard station at by the Appraisal Standards Board of the 43,794 hours. the rear of the 550 17th Street Building Appraisal Foundation. Generally, these These collections are available to the (located on F Street) on business days standards include the methods and public at www.reginfo.gov. between 7 a.m. and 5 p.m. techniques used to estimate the market The agencies have an ongoing interest Public Inspection: All comments value of a property as well as the in public comments on its burden received will be posted without change requirements for reporting such analysis estimates. Comments on the collection to http://www.fdic.gov/regulations/laws/ and a market value conclusion in the of information should be sent to: federal/ including any personal appraisal. Regulated institutions are OCC: Because paper mail in the information provided. expected to maintain records that Washington, DC area and at the OCC is Additionally, commenters may send a demonstrate that appraisals used in subject to delay, commenters are copy of their comments to the OMB their real estate-related lending encouraged to submit comments by desk officer for the PRA Agencies by activities comply with these regulatory email, if possible. Comments may be mail to the Office of Information and requirements. For commercial real sent to: Legislative and Regulatory Regulatory Affairs, U.S. Office of estate transactions exempted from the Activities Division, Office of the Management and Budget, New Title XI appraisal requirements by the Comptroller of the Currency, Attention: Executive Office Building, Room 10235, final rule, regulated institutions will 1557–0190, 400 7th Street SW, Suite 725 17th Street NW, Washington, DC still be required to obtain an evaluation 3E–218, Mail Stop 9W–11, Washington, 20503; by fax to (202) 395–6974; or by to justify the transaction amount. The DC 20219. In addition, comments may email to [email protected]. be sent by fax to (571) 465–4326 or by agencies estimate that the recordkeeping D. Riegle Act burden associated with evaluations is electronic mail to regs.comments@ the same as the recordkeeping burden occ.treas.gov. You may personally The Riegle Act requires that each of associated with appraisals for such inspect and photocopy comments at the the agencies, in determining the transactions. OCC, 400 7th Street SW, Washington, effective date and administrative Current Action: The threshold change DC 20219. For security reasons, the OCC compliance requirements for new in the final rule will result in lenders requires that visitors make an regulations that impose additional being able to use evaluations instead of appointment to inspect comments. You reporting, disclosure, or other appraisals for certain transactions. It is may do so by calling (202) 649–6700. requirements on IDIs, consider, estimated that the time required to Upon arrival, visitors will be required to consistent with principles of safety and document the review of an appraisal or present valid government-issued photo soundness and the public interest, any an evaluation is the same. While the identification and submit to security administrative burdens that such rulemaking described in this final rule screening in order to inspect and regulations would place on depository will not change the amount of time that photocopy comments. institutions, including small depository institutions spend complying with the All comments received, including institutions, and customers of Title XI appraisal regulation, the attachments and other supporting depository institutions, as well as the agencies are using a more accurate materials, are part of the public record benefits of such regulations.80 In methodology for calculating the burden and subject to public disclosure. Do not addition, in order to provide an of the information collections based on include any information in your adequate transition period, new the experience of the agencies. Thus, the comment or supporting materials that regulations that impose additional PRA burden estimates shown here are you consider confidential or reporting, disclosures, or other new different from those previously inappropriate for public disclosure. requirements on IDIs generally must reported. The agencies are (1) using the Board: Nuha Elmaghrabi, Federal take effect on the first day of a calendar average number of loans per institution Reserve Clearance Officer, Office of the quarter that begins on or after the date as the frequency and (2) using 5 minutes Chief Data Officer, Mail Stop K1–148, on which the regulations are published as the estimated time per response for Board of Governors of the Federal in final form.81 the appraisals or evaluations. Reserve System, Washington, DC 20551, The final rule reduces burden and with copies of such comments sent to does not impose any reporting, PRA Burden Estimates the Office of Management and Budget, disclosure, or other new requirements Estimated average time per response: Paperwork Reduction Project (7100– on IDIs. For transactions exempted from 5 minutes. 0250), Washington, DC 20503. the Title XI appraisal requirements by the proposed rule (i.e., commercial real OCC FDIC: You may submit comments, which should refer to ‘‘Real Estate estate transactions between $250,000 Number of Respondents: 1,200. Appraisals, 3064–0103’’ by any of the and $500,000), lenders are required to Annual Frequency: 1,488. following methods: get an evaluation if they chose not to get Total Estimated Annual Burden: • Agency website: http:// an appraisal. However, the agencies do 148,800 hours. www.fdic.gov/regulations/laws/federal/. not view the option to obtain an Board Follow the instructions for submitting evaluation instead of an appraisal as a new or additional requirement for Number of Respondents: 828 SMBs; comments on the FDIC website. • Federal eRulemaking Portal: http:// purposes of the Riegle Act. First, the 1,215 nonbank subsidiaries of BHCs. Annual Frequency: 419; 25. www.regulations.gov. Follow the process of obtaining an evaluation is not instructions for submitting comments. new since IDIs already get evaluations Total Estimated Annual Burden: • 28,911 hours; 2,531 hours. Email: [email protected]. for transactions at or below the current Include ‘‘Real Estate Appraisals, 3064– $250,000 threshold. Second, for FDIC 0103’’ in the subject line of the message. commercial real estate transactions • Number of Respondents: 3,675. Mail: Jennifer Jones, Attn: between $250,000 and $500,000, IDIs Comments, Federal Deposit Insurance associations, and insured state branches of foreign Corporation, 550 17th Street NW, MB– 80 12 U.S.C. 4802(a). banks. 3105, Washington, DC 20429. 81 12 U.S.C. 4802(b).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15035

can continue to get appraisals instead of tribal governments, or by the private financial and public policy interests in evaluations. Because the final rule sector, in any one year. real estate-related financial transactions imposes no new requirements on IDIs, or to protect the safety and soundness List of Subjects the agencies are not required by the of the institution; or Riegle Act to consider the 12 CFR Part 34 (13) The transaction is a commercial administrative burdens and benefits of Appraisal, Appraiser, Banks, Banking, real estate transaction that has a the rule or delay its effective date. Consumer protection, Credit, Mortgages, transaction value of $500,000 or less. (b) Evaluations required. For a Because delaying the effective date of National banks, Reporting and transaction that does not require the the rule is not required, the agencies are recordkeeping requirements, Savings services of a State certified or licensed making the threshold increase effective associations, Truth in lending. on the first day after publication of the appraiser under paragraph (a)(1), (a)(5), final rule in the Federal Register. 12 CFR Part 225 (a)(7), or (a)(13) of this section, the Additionally, although not required by Administrative practice and institution shall obtain an appropriate the Riegle Act, the agencies did consider procedure, Banks, banking, Federal evaluation of real property collateral the administrative costs and benefits of Reserve System, Capital planning, that is consistent with safe and sound the rule while developing the proposal Holding companies, Reporting and banking practices. and finalizing the rule. In designing the recordkeeping requirements, Securities, * * * * * scope of the threshold increase, the Stress testing. (d) * * * agencies chose to largely align the (2) Commercial real estate definition of commercial real estate 12 CFR Part 323 transactions of more than $500,000. All transaction with industry practice, Banks, banking, Mortgages, Reporting federally related transactions that are regulatory guidance, and the categories and recordkeeping requirements, commercial real estate transactions used in the Call Report in order to Savings associations. having a transaction value of more than reduce the administrative burden of $500,000 shall require an appraisal Office of the Comptroller of the prepared by a State certified appraiser. determining which transactions were Currency 12 CFR Part 34 exempted by the rule. The agencies also * * * * * considered the cost savings that IDIs For the reasons set forth in the joint Federal Reserve Board would experience by obtaining preamble, the OCC amends part 34 of evaluations instead of appraisals and set chapter I of title 12 of the Code of Federal Regulations as follows: the threshold at a level designed to 12 CFR Part 225 provide significant burden relief PART 34—REAL ESTATE LENDING without sacrificing safety and For the reasons set forth in the joint AND APPRAISALS soundness. In the proposal, the agencies preamble, the Board amends part 225 of chapter II of title 12 of the Code of invited comments on compliance with ■ 1. The authority citation for part 34 Federal Regulations as follows: the Riegle Act, but no such comments continues to read as follows: were received. Authority: 12 U.S.C. 1, 25b, 29, 93a, 371, PART 225—BANK HOLDING E. Solicitation of Comments on Use of 1462a, 1463, 1464, 1465, 1701j-3, 1828(o), COMPANIES AND CHANGE IN BANK Plain Language 3331 et seq., 5101 et seq., and 5412(b)(2)(B), CONTROL (REGULATION Y) and 15 U.S.C. 1639h. Section 722 of the Gramm-Leach- ■ 4. The authority citation for part 225 ■ 2. Section 34.42 is amended by Bliley Act 82 requires the agencies to use continues to read as follows: plain language in all proposed and final redesignating paragraphs (e) through (m) as paragraphs (f) through (n), Authority: 12 U.S.C. 1817(j)(13), 1818, rules published after January 1, 2000. 1828(o), 1831i, 1831p–1, 1843(c)(8), 1844(b), The agencies invited comment on how respectively, and by adding a new paragraph (e) to read as follows: 1972(l), 3106, 3108, 3310, 3331–3351, 3906, to make the rule easier to understand, 3907, and 3909; 15 U.S.C. 1681s, 1681w, but no such comments were received. § 34.42 Definitions. 6801 and 6805. F. OCC Unfunded Mandates Reform Act * * * * * ■ 5. Section 225.62 is amended by of 1995 Determination (e) Commercial real estate transaction redesignating paragraphs (e) through (m) means a real estate-related financial as paragraphs (f) through (n), The OCC has analyzed the final rule transaction that is not secured by a respectively, and by adding a new under the factors in the Unfunded single 1-to-4 family residential property. paragraph (e) to read as follows: Mandates Reform Act of 1995 (2 U.S.C. 1532). Under this analysis, the OCC * * * * * § 225.62 Definitions. considered whether the final rule ■ 3. Section 34.43 is amended by: ■ * * * * * includes a federal mandate that may a. Removing the word ‘‘or’’ at the end (e) Commercial real estate transaction result in the expenditure by state, local, of paragraph (a)(11); means a real estate-related financial ■ b. Revising paragraph (a)(12); and tribal governments, in the aggregate, transaction that is not secured by a ■ c. Adding paragraph (a)(13); and or by the private sector, of $100 million single 1-to-4 family residential property. ■ d. Revising paragraphs (b) and (d)(2). or more in any one year (adjusted The revisions and addition read as * * * * * annually for inflation). follows: ■ 6. Section 225.63 is amended by: The final rule does not impose new ■ a. Removing the word ‘‘or’’ at the end requirements or include new mandates. § 34.43 Appraisals required; transactions of paragraph (a)(12); Therefore, we conclude that the final requiring a State certified or licensed ■ b. Revising paragraph (a)(13); rule will not result in an expenditure of appraiser. ■ c. Adding paragraph (a)(14); $100 million or more by state, local, and (a) * * * ■ d. Revising paragraph (b); and (12) The OCC determines that the ■ e. Revising paragraph (d)(2). 82 Public Law 106–102, section 722, 113 Stat. services of an appraiser are not The revisions and addition read as 1338 1471 (1999). necessary in order to protect Federal follows:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15036 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

§ 225.63 Appraisals required; transactions transaction that is not secured by a DEPARTMENT OF TRANSPORTATION requiring a State certified or licensed single 1-to-4 family residential property. appraiser. Federal Aviation Administration (a) * * * ■ 10. Section 323.3 is amended by: (13) The Board determines that the ■ a. Removing the word ‘‘or’’ at the end 14 CFR Part 39 services of an appraiser are not of paragraph (a)(11); necessary in order to protect Federal [Docket No. FAA–2018–0284; Product ■ b. Revising paragraph (a)(12); Identifier 2018–CE–014–AD; Amendment financial and public policy interests in 39–19246; AD 2018–07–15] real estate-related financial transactions ■ c. Adding paragraph (a)(13); or to protect the safety and soundness ■ d. Revising paragraph (b); and RIN 2120–AA64 of the institution; or ■ e. Revising paragraph (d)(2). (14) The transaction is a commercial Airworthiness Directives; XtremeAir real estate transaction that has a The revisions and addition read as GmbH Airplanes follows: transaction value of $500,000 or less. AGENCY: Federal Aviation (b) Evaluations required. For a Administration (FAA), DOT. transaction that does not require the § 323.3 Appraisals required; transactions requiring a State certified or licensed ACTION: Final rule; request for services of a State certified or licensed appraiser. appraiser under paragraph (a)(1), (a)(5), comments. (a)(7), or (a)(14) of this section, the (a) * * * SUMMARY: We are adopting a new institution shall obtain an appropriate (12) The FDIC determines that the airworthiness directive (AD) for evaluation of real property collateral services of an appraiser are not XtremeAir GmbH Model XA42 airplanes that is consistent with safe and sound necessary in order to protect Federal equipped with an engine mount part banking practices. financial and public policy interests in number XA42–7120–151. This AD * * * * * real estate-related financial transactions results from mandatory continuing (d) * * * or to protect the safety and soundness airworthiness information (MCAI) (2) Commercial real estate of the institution; or issued by the aviation authority of transactions of more than $500,000. All (13) The transaction is a commercial another country to identify and address federally related transactions that are an unsafe condition on an aviation commercial real estate transactions real estate transaction that has a transaction value of $500,000 or less. product. The MCAI describes the unsafe having a transaction value of more than condition as cracking of the diagonal $500,000 shall require an appraisal (b) Evaluations required. For a strut of the engine mount frame. We are prepared by a State certified appraiser. transaction that does not require the issuing this AD to require actions to * * * * * services of a State certified or licensed address the unsafe condition on these appraiser under paragraph (a)(1), (a)(5), products. Federal Deposit Insurance Corporation (a)(7), or (a)(13) of this section, the 12 CFR Part 323 institution shall obtain an appropriate DATES: This AD is effective April 30, evaluation of real property collateral 2018. For the reasons set forth in the joint The Director of the Federal Register preamble, the FDIC amends part 323 of that is consistent with safe and sound banking practices. approved the incorporation by reference chapter III of title 12 of the Code of of a certain publication listed in the AD * * * * * Federal Regulations as follows: as of April 30, 2018. (d) * * * PART 323—APPRAISALS We must receive comments on this (2) Commercial real estate AD by May 24, 2018. ■ 7. Revise the authority citation for part transactions of more than $500,000. All ADDRESSES: You may send comments by 323 to read as follows: federally related transactions that are any of the following methods: • Authority: 12 U.S.C. 1818, commercial real estate transactions Federal eRulemaking Portal: Go to 1819(a)(Seventh’’ and ‘‘Tenth), 1831p–1 and having a transaction value of more than http://www.regulations.gov. Follow the 3331 et seq. $500,000 shall require an appraisal instructions for submitting comments. • ■ 8. Section 323.1 is amended by prepared by a State certified appraiser. Fax: (202) 493–2251. • Mail: U.S. Department of revising paragraph (a) to read as follows: * * * * * Transportation, Docket Operations, M– § 323.1 Authority, purpose, and scope. Dated: March 16, 2018. 30, West Building Ground Floor, Room (a) Authority. This subpart is issued Joseph M. Otting, W12–140, 1200 New Jersey Avenue SE, under 12 U.S.C. 1818, 1819(a)(Seventh Comptroller of the Currency. Washington, DC 20590. and Tenth), 1831p–1 and title XI of the • Hand Delivery: U.S. Department of Financial Institutions Reform, Recovery, By order of the Board of Governors of the Transportation, Docket Operations, M– and Enforcement Act of 1989 (FIRREA) Federal Reserve System, March 23, 2018. 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, (Pub. L. 101–73, 103 Stat. 183, 12 U.S.C. Ann E. Misback, 3331 et seq. (1989)). Washington, DC 20590, between 9 a.m. Secretary of the Board. ■ 9. Section 323.2 is amended by and 5 p.m., Monday through Friday, redesignating paragraphs (e) through (m) Dated at Washington, DC on March 20, except Federal holidays. as paragraphs (f) through (n), 2018. For service information identified in respectively, and by adding a new By order of the Board of Directors. this AD, contact XtremeAir GmbH, paragraph (e) to read as follows: Federal Deposit Insurance Corporation. Harzstrasse 2, Am Flughafen Cochstedt, D–39444 Hecklingen, Germany; phone: § 323.2 Definitions. Valerie J. Best, +49 39267 60999 0; fax: +49 39267 * * * * * Assistant Executive Secretary. 60999 20; email: [email protected]; (e) Commercial real estate transaction [FR Doc. 2018–06960 Filed 4–6–18; 8:45 am] internet: https://www.xtremeair.com. means a real estate-related financial BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P You may view this referenced service

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15037

information at the FAA, Policy and Related Service Information Under 1 We will post all comments we Innovation Division, 901 Locust, Kansas CFR Part 51 receive, without change, to http:// City, Missouri 64106. For information XtremeAir GmbH has issued www.regulations.gov, including any on the availability of this material at the XtremeAir Mandatory Service Bulletin personal information you provide. We FAA, call (816) 329–4148. It is also SB–XA42–2018–006, Issue A.00, dated will also post a report summarizing each available on the internet at http:// March 2, 2018. The service information substantive verbal contact we receive www.regulations.gov by searching for describes procedures for inspection of about this AD. locating Docket No. FAA–2018–0284. the engine mount for cracks and Costs of Compliance Examining the AD Docket replacement of the engine mount if necessary. This service information is We estimate that this AD will affect You may examine the AD docket on reasonably available because the 13 products of U.S. registry. We also the internet at http:// interested parties have access to it estimate that it would take about .5 www.regulations.gov by searching for through their normal course of business work-hour per product to comply with and locating Docket No. FAA–2018– or by the means identified in the the basic requirements of this AD. The 0284; or in person at Docket Operations ADDRESSES section of the AD. average labor rate is $85 per work-hour. between 9 a.m. and 5 p.m., Monday FAA’s Determination and Based on these figures, we estimate through Friday, except Federal holidays. Requirements of the AD the cost of the AD on U.S. operators to The AD docket contains this AD, the This product has been approved by be $552.50, or $42.50 per product. In addition, we estimate that any regulatory evaluation, any comments the aviation authority of another necessary follow-on actions would take received, and other information. The country, and is approved for operation about 24 work-hours and require parts street address for the Docket Office in the United States. Pursuant to our costing $5,000, for a cost of $7,040.00 (telephone (800) 647–5527) is in the bilateral agreement with this State of per product. We have no way of ADDRESSES section. Comments will be Design Authority, they have notified us determining the number of products available in the AD docket shortly after of the unsafe condition described in the that may need these actions. receipt. MCAI and service information referenced above. We are issuing this Authority for This Rulemaking FOR FURTHER INFORMATION CONTACT: Jim AD because we evaluated all Rutherford, Aerospace Engineer, FAA, information provided by the State of Title 49 of the United States Code Policy and Innovation Divsion, 901 Design Authority and determined the specifies the FAA’s authority to issue Locust, Room 301, Kansas City, unsafe condition exists and is likely to rules on aviation safety. Subtitle I, Missouri 64106; telephone: (816) 329– exist or develop on other products of the section 106, describes the authority of 4165; fax: (816) 329–4090; email: same type design. the FAA Administrator. ‘‘Subtitle VII: [email protected]. Aviation Programs,’’ describes in more FAA’s Determination of the Effective detail the scope of the Agency’s SUPPLEMENTARY INFORMATION: Date authority. Discussion An unsafe condition exists that We are issuing this rulemaking under requires the immediate adoption of this the authority described in ‘‘Subtitle VII, The European Aviation Safety Agency AD. The FAA has found that the risk to Part A, Subpart III, Section 44701: (EASA), which is the Technical Agent the flying public justifies waiving notice General requirements.’’ Under that for the Member States of the European and comment prior to adoption of this section, Congress charges the FAA with Community, has issued EASA AD No. rule because cracking of the engine promoting safe flight of civil aircraft in 2018–0050–E, dated March 2, 2018 mount frame could lead to in-flight air commerce by prescribing regulations (referred to after this as ‘‘the MCAI’’), to detachment of the engine and result in for practices, methods, and procedures correct an unsafe condition for loss of control. Therefore, we the Administrator finds necessary for XtremeAir GmbH Model XA42 determined that notice and opportunity safety in air commerce. This regulation airplanes. The MCAI states: for public comment before issuing this is within the scope of that authority During a scheduled maintenance AD are impracticable and that good because it addresses an unsafe condition inspection of an XA42 aeroplane, a crack was cause exists for making this amendment that is likely to exist or develop on detected on a diagonal strut of engine mount effective in fewer than 30 days. products identified in this rulemaking frame P/N XA42–7120–151. action. This condition, if not detected and Comments Invited This AD is issued in accordance with corrected, could lead to crack growth and This AD is a final rule that involves authority delegated by the Executive subsequently partial or complete failure of requirements affecting flight safety, and the structural joint, possibly resulting in in- Director, Aircraft Certification Service, flight detachment of the engine and we did not precede it by notice and as authorized by FAA Order 8000.51C. consequent loss of control of the aeroplane, opportunity for public comment. We In accordance with that order, issuance and/or injury to persons on the ground. invite you to send any written relevant of ADs is normally a function of the Prompted by this finding, XtremeAir data, views, or arguments about this AD. Compliance and Airworthiness issued the SB to provide inspection Send your comments to an address Division, but during this transition instructions. listed under the ADDRESSES section. period, the Executive Director has For the reason described above, this Include ‘‘Docket No. FAA–2018–0284; delegated the authority to issue ADs [EASA] AD requires repetitive inspections of Directorate Identifier 2018–CE–014– applicable to small airplanes, gliders, the affected part and, depending on findings, AD’’ at the beginning of your comments. balloons, airships, domestic business jet replacement. We specifically invite comments on the This [EASA] AD is considered interim transport airplanes, and associated action and further AD action may follow. overall regulatory, economic, appliances to the Director of the Policy environmental, and energy aspects of and Innovation Division. You may examine the MCAI on the this AD. We will consider all comments internet at http://www.regulations.gov received by the closing date and may Regulatory Findings by searching for and locating Docket No. amend this AD because of those We determined that this AD will not FAA–2018–0284. comments. have federalism implications under

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15038 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Executive Order 13132. This AD will condition on an aviation product. The MCAI (h) Special Flight Permit not have a substantial direct effect on describes the unsafe condition as cracking of A special flight permit is allowed for this the States, on the relationship between the diagonal strut of the engine mount frame. AD per 14 CFR 39.23 with the following the national government and the States, We are issuing this AD to detect and address limitations: Acrobatic flights are prohibited. or on the distribution of power and cracking of the engine mount frame, which could lead to detachment of the engine in- (i) Related Information responsibilities among the various flight and result in loss of control. Refer to MCAI, EASA AD No. 2018–0050– levels of government. E, dated March 2, 2018, for related For the reasons discussed above, I (f) Actions and Compliance information. You may examine the MCAI on certify that this AD: Unless already done, do the following the internet at http://www.regulations.gov by (1) Is not a ‘‘significant regulatory actions in paragraphs (f)(1) through (4) of this searching for and locating Docket No. FAA– action’’ under Executive Order 12866, AD. 2018–0284. (2) Is not a ‘‘significant rule’’ under (1) Before the next acrobatic flight after (j) Material Incorporated by Reference the DOT Regulatory Policies and April 30, 2018 (the effective date of this AD) Procedures (44 FR 11034, February 26, or within 50 hours time-in-service after the (1) The Director of the Federal Register installation of P/N XA42–7120–151 engine approved the incorporation by reference 1979), (IBR) of the service information listed in this mount on the airplane, whichever occurs (3) Will not affect intrastate aviation paragraph under 5 U.S.C. 552(a) and 1 CFR later, and repetitively thereafter at intervals in Alaska, and part 51. (4) Will not have a significant not to exceed 10 acrobatic flight hours, (2) You must use this service information economic impact, positive or negative, inspect the engine mount following the as applicable to do the actions required by Accomplishment Instructions in XtremeAir on a substantial number of small entities this AD, unless the AD specifies otherwise. Mandatory Service Bulletin SB–XA42–2018– (i) XtremeAir Mandatory Service Bulletin under the criteria of the Regulatory 006, Issue A.00, dated March 2, 2018. Flexibility Act. SB–XA42–2018–006, Issue A.00, dated (2) After the initial inspection required in March 2, 2018. List of Subjects in 14 CFR Part 39 paragraph (f)(1) of this AD, acrobatic flight (ii) Reserved. hours must be recorded in the maintenance (3) For XtremeAir service information Air transportation, Aircraft, Aviation records. For the purpose of this AD, we identified in this AD, contact XtremeAir safety, Incorporation by reference, define acrobatic flight as ‘‘flight during GmbH, Harzstrasse 2, Am Flughafen Safety. which a load factor of 6g is exceeded.’’ Cochstedt, D–39444 Hecklingen, Germany; (3) If a crack is found during any phone: +49 39267 60999 0; fax: +49 39267 Adoption of the Amendment inspection required in paragraph (f)(1) of this 60999 20; email: [email protected]; internet: Accordingly, under the authority AD, before further flight, replace the engine https://www.xtremeair.com. delegated to me by the Administrator, mount with a serviceable part following the (4) You may view this service information the FAA amends 14 CFR part 39 as Accomplishment Instructions in XtremeAir at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For follows: Mandatory Service Bulletin SB–XA42–2018– 006, Issue A.00, dated March 2, 2018. information on the availability of this Replacement of the engine mount does not material at the FAA, call (816) 329–4148. It PART 39—AIRWORTHINESS is also available on the internet at http:// DIRECTIVES eliminate the repetitive inspection requirement in paragraph (f)(1) of this AD. www.regulations.gov by searching for locating Docket No. FAA–2018–0284. ■ 1. The authority citation for part 39 (4) After the effective date of this AD, you may install a new or used P/N XA42–7120– (5) You may view this service information continues to read as follows: 151 engine mount on the airplane. The used that is incorporated by reference at the Authority: 49 U.S.C. 106(g), 40113, 44701. P/N XA42–7120–151 engine mount must be National Archives and Records inspected as specified in paragraph (f)(1) of Administration (NARA). For information on § 39.13 [Amended] this AD and found free of cracks before the availability of this material at NARA, call 202–741–6030, or go to: http:// ■ installation on the airplane. The repetitive 2. The FAA amends § 39.13 by adding www.archives.gov/federal-register/cfr/ibr- inspection requirement in paragraph (f)(1) of the following new AD: locations.html. this AD still applies. 2018–07–15 XtremeAir GmbH: Amendment Issued in Kansas City, Missouri, on March 39–19246; Docket No. FAA–2018–0284; (g) Other FAA AD Provisions 30, 2018. Directorate Identifier 2018–CE–014–AD. The following provisions also apply to this Pat Mullen, (a) Effective Date AD: Acting Deputy Director, Policy & Innovation (1) Alternative Methods of Compliance Division, Aircraft Certification Service. This airworthiness directive (AD) becomes (AMOCs): The Manager, Small Airplane effective April 30, 2018. Standards Branch, FAA, has the authority to [FR Doc. 2018–06949 Filed 4–6–18; 8:45 am] (b) Affected ADs approve AMOCs for this AD, if requested BILLING CODE 4910–13–P using the procedures found in 14 CFR 39.19. None. Send information to ATTN: Jim Rutherford, (c) Applicability Aerospace Engineer, FAA, Policy and DEPARTMENT OF TRANSPORTATION Innovation Division, 901 Locust, Room 301, This AD applies to XtremeAir GmbH Federal Aviation Administration Model XA42 airplanes, all serial numbers, Kansas City, Missouri 64106; telephone: that are: (816) 329–4165; fax: (816) 329–4090; email: (1) Equipped with an engine mount part [email protected]. Before using any 14 CFR Part 39 approved AMOC on any airplane to which number (P/N) XA42–7120–151; and [Docket No. FAA–2017–0908; Product the AMOC applies, notify your appropriate (2) certificated in any category. Identifier 2017–NM–103–AD; Amendment principal inspector (PI) in the FAA Flight 39–19238; AD 2018–07–07] (d) Subject Standards District Office (FSDO), or lacking Air Transport Association of America a PI, your local FSDO. RIN 2120–AA64 (ATA) Code 71: Power Plant. (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective Airworthiness Directives; Dassault (e) Reason actions from a manufacturer, the action must Aviation Airplanes This AD was prompted by mandatory be accomplished using a method approved continuing airworthiness information (MCAI) by the Manager, Small Airplane Standards AGENCY: Federal Aviation issued by the aviation authority of another Branch, FAA; or the European Aviation Administration (FAA), Department of country to identify and address an unsafe Safety Agency (EASA). Transportation (DOT).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15039

ACTION: Final rule. 1200 New Jersey Avenue SE, not properly mechanically locked down, the Washington, DC 20590. pressure maintained in the landing gear SUMMARY: We are adopting a new bracing devices will prevent landing gear FOR FURTHER INFORMATION CONTACT: Tom from collapsing. Dassault published Service airworthiness directive (AD) for all Rodriguez, Aerospace Engineer, Dassault Aviation Model FAN JET Bulletin (SB) F20–676 in 1981 (later revised International Section, Transport in 1998) which contains the necessary FALCON, FAN JET FALCON SERIES D, Standards Branch, FAA, 2200 South E, F, and G airplanes; and certain Model instructions to modify in-service aeroplanes. 216th St., Des Moines, WA 98198; For the reasons described above, this MYSTERE–FALCON 20–C5, 20–D5, 20– telephone and fax 206–231–3226. [EASA] AD requires an electrical E5, and 20–F5 airplanes. This AD was SUPPLEMENTARY INFORMATION: modification of the landing gear sequence prompted by reports of the collapse of logic. the main landing gear (MLG) on Discussion You may examine the MCAI in the touchdown. This AD requires an We issued a notice of proposed electrical modification of the landing AD docket on the internet at http:// rulemaking (NPRM) to amend 14 CFR www.regulations.gov by searching for gear sequence logic. We are issuing this part 39 by adding an AD that would AD to address the unsafe condition on and locating Docket No. FAA–2017– apply to all Dassault Aviation Model 0908. these products. FAN JET FALCON, FAN JET FALCON DATES: This AD is effective May 14, SERIES D, E, F, and G airplanes; and Comments 2018. certain Model MYSTERE–FALCON 20– We gave the public the opportunity to The Director of the Federal Register C5, 20–D5, 20–E5, and 20–F5 airplanes. participate in developing this final rule. approved the incorporation by reference The NPRM published in the Federal We received no comments on the NPRM of a certain publication listed in this AD Register on October 24, 2017 (82 FR or on the determination of the cost to as of May 14, 2018. 49151) (‘‘the NPRM’’). The NPRM was the public. ADDRESSES: For service information prompted by reports of the collapse of identified in this final rule, contact the main landing gear on touchdown. Conclusion Dassault Falcon Jet Corporation, The NPRM proposed to require an We reviewed the relevant data and Teterboro Airport, P.O. Box 2000, South electrical modification of the landing determined that air safety and the Hackensack, NJ 07606; telephone 201– gear sequence logic. We are issuing this public interest require adopting this AD 440–6700; internet http:// AD to prevent MLG collapse, which as proposed except for minor editorial www.dassaultfalcon.com. You may could result in damage to the airplane changes. We have determined that these view this referenced service information and injury to the occupants. minor changes: at the FAA, Transport Standards The European Aviation Safety Agency • Are consistent with the intent that Branch, 2200 South 216th St., Des (EASA), which is the Technical Agent was proposed in the NPRM for Moines, WA. For information on the for the Member States of the European correcting the unsafe condition; and availability of this material at the FAA, Union, has issued EASA AD 2017–0130, • Do not add any additional burden call 206–231–3195. It is also available dated July 26, 2017 (referred to after this upon the public than was already on the internet at http:// as the Mandatory Continuing proposed in the NPRM. www.regulations.gov by searching for Airworthiness Information, or ‘‘the and locating Docket No. FAA–2017– MCAI’’), to correct an unsafe condition Related Service Information Under 1 0908. for all Dassault Aviation Model FAN CFR part 51 JET FALCON, FAN JET FALCON Dassault Aviation has issued Service Examining the AD Docket SERIES D, E, F, and G airplanes; and Bulletin F20–676, Revision 1, dated You may examine the AD docket on certain Model MYSTERE–FALCON 20– March 4, 1998. This service information the internet at http:// C5, 20–D5, 20–E5, and 20–F5 airplanes. describes procedures for an electrical www.regulations.gov by searching for The MCAI states: modification of the MLG sequence logic and locating Docket No. FAA–2017– An incident occurred in January 2016 on to prevent landing gear collapse on 0908; or in person at the Docket a Falcon 20–5 aeroplane where, upon touchdown. This service information is Management Facility between 9 a.m. touchdown, one main landing gear (MLG) reasonably available because the and 5 p.m., Monday through Friday, collapsed, due to a sequence anomaly. interested parties have access to it except Federal holidays. The AD docket This condition, if not corrected, could lead through their normal course of business contains this AD, the regulatory to additional events of MLG collapse, or by the means identified in the possibly resulting in damage to the aeroplane evaluation, any comments received, and ADDRESSES section. other information. The street address for and injury to the occupants. Prompted by previous similar events, Costs of Compliance the Docket Office (telephone 800–647– Dassault developed a modification, ensuring 5527) is Docket Management Facility, that hydraulic pressure of circuit #1 of the We estimate that this AD affects 308 U.S. Department of Transportation, landing gear actuators is maintained after the airplanes of U.S. registry. Docket Operations, M–30, West extension sequence is completed. As a result, We estimate the following costs to Building Ground Floor, Room W12–140, in the unlikely case of having one of the legs comply with this AD:

ESTIMATED COSTS

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

Modification ...... 21 work-hours × $85 per hour = $1,785 ...... $912 $2,697 $830,676

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15040 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Authority for This Rulemaking Adoption of the Amendment (1) Alternative Methods of Compliance (AMOCs): The Manager, International Title 49 of the United States Code Accordingly, under the authority Section, Transport Standards Branch, FAA, specifies the FAA’s authority to issue delegated to me by the Administrator, has the authority to approve AMOCs for this rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as AD, if requested using the procedures found section 106, describes the authority of follows: in 14 CFR 39.19. In accordance with 14 CFR the FAA Administrator. Subtitle VII: 39.19, send your request to your principal Aviation Programs, describes in more PART 39—AIRWORTHINESS inspector or local Flight Standards District detail the scope of the Agency’s DIRECTIVES Office, as appropriate. If sending information directly to the International Section, send it authority. ■ 1. The authority citation for part 39 to the attention of the person identified in We are issuing this rulemaking under continues to read as follows: paragraph (j)(2) of this AD. Information may the authority described in Subtitle VII, be emailed to: 9–ANM–116–AMOC– Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. [email protected]. Before using any approved AMOC, notify your appropriate ‘‘General requirements.’’ Under that § 39.13 [Amended] section, Congress charges the FAA with principal inspector, or lacking a principal promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding inspector, the manager of the local flight air commerce by prescribing regulations the following new airworthiness standards district office/certificate holding directive (AD): district office. for practices, methods, and procedures (2) Contacting the Manufacturer: For any the Administrator finds necessary for 2018–07–07 Dassault Aviation: requirement in this AD to obtain corrective safety in air commerce. This regulation Amendment 39–19238; Docket No. actions from a manufacturer, the action must is within the scope of that authority FAA–2017–0908; Product Identifier be accomplished using a method approved because it addresses an unsafe condition 2017–NM–103–AD. by the Manager, International Section, that is likely to exist or develop on (a) Effective Date Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or products identified in this rulemaking This AD is effective May 14, 2018. action. Dassault Aviation’s EASA Design (b) Affected ADs Organization Approval (DOA). If approved by This AD is issued in accordance with the DOA, the approval must include the authority delegated by the Executive None. DOA-authorized signature. Director, Aircraft Certification Service, (c) Applicability as authorized by FAA Order 8000.51C. (j) Related Information This AD applies to Dassault Aviation (1) Refer to Mandatory Continuing In accordance with that order, issuance airplanes, certificated in any category, of ADs is normally a function of the Airworthiness Information (MCAI) EASA identified in paragraphs (c)(1) and (c)(2) of Airworthiness Directive 2017–0130, dated Compliance and Airworthiness this AD. Division, but during this transition July 26, 2017, for related information. This (1) All Model FAN JET FALCON, FAN JET MCAI may be found in the AD docket on the period, the Executive Director has FALCON SERIES D, E, F, and G airplanes. internet at http://www.regulations.gov by delegated the authority to issue ADs (2) Model MYSTERE–FALCON 20–C5, 20– searching for and locating Docket No. FAA– applicable to transport category D5, 20–E5, and 20–F5 airplanes, except serial 2017–0908. airplanes to the Director of the System numbers (S/Ns) 478 and 485. (2) For more information about this AD, Oversight Division. (d) Subject contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Regulatory Findings Air Transport Association (ATA) of America Code 32, Landing gear. Branch, FAA, 2200 South 216th St., Des We determined that this AD will not Moines, WA 98198; telephone and fax 206– have federalism implications under (e) Reason 231–3226. (3) Service information identified in this Executive Order 13132. This AD will This AD was prompted by reports of the collapse of the main landing gear (MLG) on AD that is not incorporated by reference is not have a substantial direct effect on available at the addresses specified in the States, on the relationship between touchdown. We are issuing this AD to prevent MLG collapse, which could result in paragraphs (k)(3) and (k)(4) of this AD. the national government and the States, damage to the airplane and injury to the (k) Material Incorporated by Reference or on the distribution of power and occupants. responsibilities among the various (1) The Director of the Federal Register levels of government. (f) Compliance approved the incorporation by reference Comply with this AD within the (IBR) of the service information listed in this For the reasons discussed above, I paragraph under 5 U.S.C. 552(a) and 1 CFR certify that this AD: compliance times specified, unless already done. part 51. 1. Is not a ‘‘significant regulatory (2) You must use this service information action’’ under Executive Order 12866, (g) Modification as applicable to do the actions required by 2. Is not a ‘‘significant rule’’ under the Within 74 months after the effective date this AD, unless this AD specifies otherwise. DOT Regulatory Policies and Procedures of this AD, accomplish an electrical (i) Dassault Service Bulletin F20–676, (44 FR 11034, February 26, 1979), modification in accordance with the Revision 1, dated March 4, 1998. (ii) Reserved. 3. Will not affect intrastate aviation in Accomplishment Instructions of Dassault Service Bulletin F20–676, Revision 1, dated (3) For service information identified in Alaska, and March 4, 1998. this AD, contact Dassault Falcon Jet 4. Will not have a significant Corporation, Teterboro Airport, P.O. Box economic impact, positive or negative, (h) No Reporting Requirement 2000, South Hackensack, NJ 07606; on a substantial number of small entities Although the service information telephone 201–440–6700; internet http:// under the criteria of the Regulatory identified in paragraph (g) of this AD www.dassaultfalcon.com. Flexibility Act. specifies to submit certain information to the (4) You may view this service information manufacturer, this AD does not include that at the FAA, Transport Standards Branch, List of Subjects in 14 CFR Part 39 requirement. 2200 South 216th St., Des Moines, WA. For information on the availability of this Air transportation, Aircraft, Aviation (i) Other FAA AD Provisions material at the FAA, call 206–231–3195. safety, Incorporation by reference, The following provisions also apply to this (5) You may view this service information Safety. AD: that is incorporated by reference at the

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15041

National Archives and Records (C&DS), 2600 Westminster Blvd., MC entry door, which would terminate the Administration (NARA). For information on 110–SK57, Seal Beach, CA 90740–5600; AFM limitation revision. We are issuing the availability of this material at NARA, call telephone 562–797–1717; internet this AD to prevent restricted motion of 202–741–6030, or go to: http:// https://www.myboeingfleet.com. You the brake pedals, which can affect www.archives.gov/federal-register/cfr/ibr- may view this service information at the locations.html. stopping performance and directional FAA, Transport Standards Branch, 2200 control of the airplane. This restricted Issued in Des Moines, Washington, on South 216th St., Des Moines, WA. For motion can lead to high speed runway March 20, 2018. information on the availability of this excursion or lateral runway excursion. Michael Kaszycki, material at the FAA, call 206–231–3195. Acting Director, System Oversight Division, It is also available on the internet at Comments Aircraft Certification Service. http://www.regulations.gov by searching We gave the public the opportunity to [FR Doc. 2018–06711 Filed 4–6–18; 8:45 am] for and locating Docket No. FAA–2017– participate in developing this final rule. BILLING CODE 4910–13–P 1176. We have considered the comment Examining the AD Docket received. Boeing stated its support for the NPRM. DEPARTMENT OF TRANSPORTATION You may examine the AD docket on the internet at http:// Conclusion Federal Aviation Administration www.regulations.gov by searching for We reviewed the relevant data, and locating Docket No. FAA–2017– considered the comment received, and 14 CFR Part 39 1176; or in person at Docket Operations determined that air safety and the between 9 a.m. and 5 p.m., Monday [Docket No. FAA–2017–1176; Product public interest require adopting this through Friday, except Federal holidays. Identifier 2017–NM–123–AD; Amendment final rule as proposed, except for minor The AD docket contains this final rule, 39–19237; AD 2018–07–06] editorial changes. We have determined the regulatory evaluation, any that these minor changes: RIN 2120–AA64 comments received, and other • information. The address for Docket Are consistent with the intent that Airworthiness Directives; The Boeing was proposed in the NPRM for Company Airplanes Operations (phone: 800–647–5527) is Docket Operations, U.S. Department of addressing the unsafe condition; and AGENCY: Federal Aviation Transportation, Docket Operations, M– • Do not add any additional burden Administration (FAA), DOT. 30, West Building Ground Floor, Room upon the public than was already ACTION: Final rule. W12–140, 1200 New Jersey Avenue SE, proposed in the NPRM. Washington, DC 20590. Related Service Information Under 1 SUMMARY: We are adopting a new FOR FURTHER INFORMATION CONTACT: CFR Part 51 airworthiness directive (AD) for certain Kelly McGuckin, Aerospace Engineer, The Boeing Company Model 747–8 Systems and Equipment Section, Seattle We reviewed Boeing Alert series airplanes. This AD was prompted ACO Branch, FAA, 2200 South 216th Requirements Bulletin 747–32A2525 by a report of restricted movement of St., Des Moines, WA 98198; telephone RB, dated September 6, 2017. This the right brake pedals after landing and fax 206–231–3546; email: service information describes rollout. This AD requires revising the [email protected]. procedures for modifying intercostal airplane flight manual (AFM) by adding SUPPLEMENTARY INFORMATION: webs near main entry door 3 by drilling an autobrake system limitation. This AD two drain holes in the station-18 also requires modifying intercostal webs Discussion intercostal web at door stop 8 and near a main entry door, which We issued a notice of proposed applying sealant at the fore-aft drain terminates the AFM limitation. We are rulemaking (NPRM) to amend 14 CFR path of the upper main sill web at issuing this AD to address the unsafe part 39 by adding an AD that would station 16 near door 3R and door 3L. condition on these products. apply to certain The Boeing Company This service information is reasonably DATES: This AD is effective May 14, Model 747–8 series airplanes. The available because the interested parties 2018. NPRM published in the Federal have access to it through their normal The Director of the Federal Register Register on January 2, 2018 (83 FR 80). course of business or by the means approved the incorporation by reference The NPRM was prompted by a report of identified in the ADDRESSES section. of a certain publication listed in this AD restricted movement of the right brake Costs of Compliance as of May 14, 2018. pedals after landing rollout. The NPRM ADDRESSES: For service information proposed to require revising the AFM by We estimate that this AD affects 2 identified in this final rule, contact adding an autobrake system limitation. airplanes of U.S. registry. We estimate Boeing Commercial Airplanes, The NPRM also proposed to require the following costs to comply with this Attention: Contractual & Data Services modifying intercostal webs near a main AD:

ESTIMATED COSTS

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

AFM revision ..... 1 work-hour × $85 per hour = $85 ...... $0 $85 $170 Modification ...... 10 work-hours × $85 per hour = $850 ...... (1) 850 1,700 1 We have received no definitive data that enables us to provide parts cost estimates for the modification specified in this AD.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15042 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

According to the manufacturer, some Regulatory Findings 2018–07–06 The Boeing Company: of the costs of this AD may be covered This AD will not have federalism Amendment 39–19237; Docket No. under warranty, thereby reducing the implications under Executive Order FAA–2017–1176; Product Identifier 2017–NM–123–AD. cost impact on affected individuals. We 13132. This AD will not have a do not control warranty coverage for substantial direct effect on the States, on (a) Effective Date affected individuals. As a result, we the relationship between the national This AD is effective May 14, 2018. have included all available costs in our government and the States, or on the cost estimate. distribution of power and (b) Affected ADs Authority for This Rulemaking responsibilities among the various None. Title 49 of the United States Code levels of government. For the reasons discussed above, I (c) Applicability specifies the FAA’s authority to issue certify that this AD: This AD applies to The Boeing Company rules on aviation safety. Subtitle I, (1) Is not a ‘‘significant regulatory Model 747–8 series airplanes, certificated in section 106, describes the authority of action’’ under Executive Order 12866, any category, as identified in Boeing Alert the FAA Administrator. Subtitle VII: (2) Is not a ‘‘significant rule’’ under Requirements Bulletin 747–32A2525 RB, Aviation Programs, describes in more DOT Regulatory Policies and Procedures dated September 6, 2017, except for airplanes detail the scope of the Agency’s (44 FR 11034, February 26, 1979), having line numbers 1443, 1451, 1453, 1456, authority. (3) Will not affect intrastate aviation 1470, 1472, 1475, 1477, 1480, 1492, 1494, We are issuing this rulemaking under in Alaska, and 1497, 1498, 1500, 1503, 1511, 1512, 1513, the authority described in Subtitle VII, (4) Will not have a significant and 1514. Part A, Subpart III, Section 44701: economic impact, positive or negative, (d) Subject ‘‘General requirements.’’ Under that on a substantial number of small entities section, Congress charges the FAA with under the criteria of the Regulatory Air Transport Association (ATA) of promoting safe flight of civil aircraft in Flexibility Act. America Code 32, Landing gear. air commerce by prescribing regulations for practices, methods, and procedures List of Subjects in 14 CFR Part 39 (e) Unsafe Condition the Administrator finds necessary for Air transportation, Aircraft, Aviation This AD was prompted by a report of safety in air commerce. This regulation safety, Incorporation by reference, restricted movement of the brake pedals after is within the scope of that authority Safety. landing rollout. We are issuing this AD to because it addresses an unsafe condition prevent restricted motion of the brake pedals, that is likely to exist or develop on Adoption of the Amendment which can affect stopping performance and products identified in this rulemaking Accordingly, under the authority directional control of the airplane. This action. delegated to me by the Administrator, restricted motion can lead to high speed This AD is issued in accordance with the FAA amends 14 CFR part 39 as runway excursion or lateral runway authority delegated by the Executive follows: excursion. Director, Aircraft Certification Service, (f) Compliance as authorized by FAA Order 8000.51C. PART 39—AIRWORTHINESS In accordance with that order, issuance DIRECTIVES Comply with this AD within the of ADs is normally a function of the compliance times specified, unless already Compliance and Airworthiness ■ 1. The authority citation for part 39 done. continues to read as follows: Division, but during this transition (g) Required Actions period, the Executive Director has Authority: 49 U.S.C. 106(g), 40113, 44701. Within 120 days after the effective date of delegated the authority to issue ADs this AD: Revise the airplane flight manual applicable to transport category § 39.13 [Amended] (AFM) by incorporating the limitation airplanes and associated appliances to ■ 2. The FAA amends § 39.13 by adding specified in figure 1 to paragraph (g) of this the Director of the System Oversight the following new airworthiness AD. Division. directive (AD):

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4725 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES ER09AP18.000 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15043

(h) Terminating Action for AFM Limitation been authorized by the Manager, Seattle ACO DEPARTMENT OF TRANSPORTATION Within 60 months after the effective date Branch, to make those findings. To be of this AD, do all applicable actions approved, the repair method, modification Federal Aviation Administration identified in, and in accordance with, the deviation, or alteration deviation must meet Accomplishment Instructions of Boeing Alert the certification basis of the airplane, and the 14 CFR Part 39 Requirements Bulletin 747–32A2525 RB, approval must specifically refer to this AD. dated September 6, 2017, except where the [Docket No. FAA–2018–0285; Product requirements bulletin specifies applying (l) Related Information Identifier 2018–CE–010–AD; Amendment 39–19245; AD 2018–07–14] sealant, the following type of sealant must be (1) For more information about this AD, used: BMS 5–142, TYPE 2; BMS 5–95; PR– contact Kelly McGuckin, Aerospace RIN 2120–AA64 1826; or PR–1828. Doing the actions Engineer, Systems and Equipment Section, specified in this paragraph terminates the Seattle ACO Branch, FAA, 2200 South 216th Airworthiness Directives; Pacific AFM limitation revision required by Aerospace Limited Airplanes paragraph (g) of this AD. The AFM limitation St., Des Moines, WA 98198; telephone and fax 206–231–3546; email: Kelly.McGuckin@ required by paragraph (g) of this AD may be AGENCY: Federal Aviation faa.gov. removed from the AFM after accomplishing Administration (FAA), DOT. the actions specified in this paragraph. (2) Service information identified in this Note 1 to paragraph (h) of this AD: AD that is not incorporated by reference is ACTION: Final rule; request for Guidance for accomplishing the actions available at the addresses specified in comments. required by paragraph (h) of this AD can be paragraphs (m)(3) and (m)(4) of this AD. found in Boeing Alert Service Bulletin 747– SUMMARY: We are adopting a new 32A2525, dated September 6, 2017, which is (m) Material Incorporated by Reference airworthiness directive (AD) for certain referred to in Boeing Alert Requirements (1) The Director of the Federal Register Pacific Aerospace Limited Model 750XL Bulletin 747–32A2525 RB, dated September approved the incorporation by reference airplanes. This AD results from 6, 2017. (IBR) of the service information listed in this mandatory continuing airworthiness information (MCAI) issued by the (i) Special Flight Permit paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. aviation authority of another country to Special flight permits, as described in (2) You must use this service information identify and correct an unsafe condition Section 21.197 and Section 21.199 of the on an aviation product. The MCAI Federal Aviation Regulations (14 CFR 21.197 as applicable to do the actions required by and 21.199), are not allowed, except as this AD, unless the AD specifies otherwise. describes the unsafe condition as provided by paragraph (j) of this AD. (i) Boeing Alert Requirements Bulletin insufficient engagement of the couplings 747–32A2525 RB, dated September 6, 2017. with the flex drive of the rudder trim (j) Ferry Flight Limitations (ii) Reserved. drive system. We are issuing this AD to Operators who are prohibited from further (3) For service information identified in require actions to address the unsafe flight due to the autobrake system being this AD, contact Boeing Commercial condition on these products. inoperative may perform a one-time non- Airplanes, Attention: Contractual & Data revenue ferry flight to fly the airplane to a DATES: This AD is effective April 30, Services (C&DS), 2600 Westminster Blvd., maintenance facility to either fix the 2018. autobrake system or incorporate the MC 110–SK57, Seal Beach, CA 90740–5600; The Director of the Federal Register terminating action specified in paragraph (h) telephone 562–797–1717; internet https:// approved the incorporation by reference of this AD. This ferry flight must be www.myboeingfleet.com. of a certain publication listed in the AD performed without passengers, and with (4) You may view this service information as of April 30, 2018. interior modifications to allow heated cabin at the FAA, Transport Standards Branch, We must receive comments on this air to warm the brake control cables and 2200 South 216th St., Des Moines, WA. For AD by May 24, 2018. pulleys in the vicinity of door 3L and door information on the availability of this ADDRESSES: 3R. These interior modifications must material at the FAA, call 206–231–3195. You may send comments by include, at a minimum, temporarily (5) You may view this service information any of the following methods: removing the side panels and insulation • Federal eRulemaking Portal: Go to immediately aft of door 3L and door 3R. that is incorporated by reference at the National Archives and Records http://www.regulations.gov. Follow the (k) Alternative Methods of Compliance Administration (NARA). For information on instructions for submitting comments. (AMOCs) • Fax: (202) 493–2251. the availability of this material at NARA, call • (1) The Manager, Seattle ACO Branch, 202–741–6030, or go to: http:// Mail: U.S. Department of FAA, has the authority to approve AMOCs www.archives.gov/federal-register/cfr/ibr- Transportation, Docket Operations, M– for this AD, if requested using the procedures locations.html. 30, West Building Ground Floor, Room found in 14 CFR 39.19. In accordance with W12–140, 1200 New Jersey Avenue SE, 14 CFR 39.19, send your request to your Issued in Des Moines, Washington, on Washington, DC 20590. principal inspector or local Flight Standards March 22, 2018. • Hand Delivery: U.S. Department of District Office, as appropriate. If sending Michael Kaszycki, Transportation, Docket Operations, M– information directly to the manager of the certification office, send it to the attention of Acting Director, System Oversight Division, 30, West Building Ground Floor, Room the person identified in paragraph (l) of this Aircraft Certification Service. W12–140, 1200 New Jersey Avenue SE, AD. Information may be emailed to: 9-ANM- [FR Doc. 2018–06710 Filed 4–6–18; 8:45 am] Washington, DC 20590, between 9 a.m. [email protected]. BILLING CODE 4910–13–P and 5 p.m., Monday through Friday, (2) Before using any approved AMOC, except Federal holidays. notify your appropriate principal inspector, For service information identified in or lacking a principal inspector, the manager this AD, contact Pacific Aerospace of the local flight standards district office/ Limited, Airport Road, Hamilton, certificate holding district office. Private Bag 3027, Hamilton 3240, New (3) An AMOC that provides an acceptable level of safety may be used for any repair, Zealand; phone: +64 7843 6144; fax: +64 modification, or alteration required by this 843 6134; email: pacific@ AD if it is approved by the Boeing aerospace.co.nz; Internet: Commercial Airplanes Organization www.aerospace.co.nz. You may view Designation Authorization (ODA) that has this referenced service information at

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15044 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

the FAA, Policy and Innovation of the drive ends. This service substantive verbal contact we receive Division, 901 Locust, Kansas City, information is reasonably available about this AD. Missouri 64106. For information on the because the interested parties have Costs of Compliance availability of this material at the FAA, access to it through their normal course call (816) 329–4148. It is also available of business or by the means identified We estimate that this AD will affect on the internet at http:// in the ADDRESSES section of the AD. 22 products of U.S. registry. We also estimate that it would take about 6 www.regulations.gov by searching for FAA’s Determination and Requirements locating Docket No. FAA–2018–0285. of the AD work-hours per product to comply with the basic requirements of this AD. The Examining the AD Docket This product has been approved by average labor rate is $85 per work-hour. You may examine the AD docket on the aviation authority of another Required parts would cost about $400 the internet at http:// country, and is approved for operation per product. www.regulations.gov by searching for in the United States. Pursuant to our Based on these figures, we estimate and locating Docket No. FAA–2018– bilateral agreement with this State of the cost of the AD on U.S. operators to 0285; or in person at Docket Operations Design Authority, they have notified us be $20,020, or $910 per product. between 9 a.m. and 5 p.m., Monday of the unsafe condition described in the through Friday, except Federal holidays. MCAI and service information Authority for This Rulemaking The AD docket contains this AD, the referenced above. We are issuing this Title 49 of the United States Code regulatory evaluation, any comments AD because we evaluated all specifies the FAA’s authority to issue received, and other information. The information provided by the State of rules on aviation safety. Subtitle I, street address for Docket Operations Design Authority and determined the section 106, describes the authority of (telephone (800) 647–5527) is in the unsafe condition exists and is likely to the FAA Administrator. ‘‘Subtitle VII: ADDRESSES section. Comments will be exist or develop on other products of the Aviation Programs,’’ describes in more available in the AD docket shortly after same type design. detail the scope of the Agency’s receipt. FAA’s Determination of the Effective authority. FOR FURTHER INFORMATION CONTACT: Date We are issuing this rulemaking under Mike Kiesov, Aerospace Engineer, FAA, the authority described in ‘‘Subtitle VII, Small Airplane Standards Branch, 901 An unsafe condition exists that requires the immediate adoption of this Part A, Subpart III, Section 44701: Locust, Room 301, Kansas City, General requirements.’’ Under that Missouri 64106; telephone: (816) 329– AD. The FAA has found that the risk to the flying public justifies waiving notice section, Congress charges the FAA with 4144; fax: (816) 329–4090; email: promoting safe flight of civil aircraft in [email protected]. and comment prior to adoption of this rule because if the rudder and/or air commerce by prescribing regulations SUPPLEMENTARY INFORMATION: elevator trim drive couplings become for practices, methods, and procedures Discussion disconnected and the rudder and the Administrator finds necessary for elevator trim systems will become safety in air commerce. This regulation The Civil Aviation Authority (CAA), is within the scope of that authority which is the aviation authority for New inoperable, which increases the workload for the pilot. Therefore, we because it addresses an unsafe condition Zealand, has issued CAA AD DCA/ that is likely to exist or develop on 750XL/26, dated February 28, 2018 find good cause that notice and opportunity for prior public comment products identified in this rulemaking (referred to after this as ‘‘the MCAI’’), to action. correct an unsafe condition for Pacific are impracticable. In addition, for the reason stated above, we find that good This AD is issued in accordance with Aerospace Limited Model 750XL authority delegated by the Executive airplanes. The MCAI states: cause exists for making this amendment effective in less than 30 days. Director, Aircraft Certification Service, This [CAA] AD mandates the instructions as authorized by FAA Order 8000.51C. in Pacific Aerospace Limited Mandatory Comments Invited In accordance with that order, issuance Service Bulletin (MSB) PACSB/XL/085 issue This AD is a final rule that involves of ADs is normally a function of the 1, dated 8 January 2018. The MSB is issued Compliance and Airworthiness to prevent disengagement of the rudder and/ requirements affecting flight safety, and or elevator trim drive due to possible we did not precede it by notice and Division, but during this transition insufficient engagement of the couplings opportunity for public comment. We period, the Executive Director has with the flex drive at fuselage stations 115.34 invite you to send any written relevant delegated the authority to issue ADs and 180.85, which could result in an data, views, or arguments about this AD. applicable to small airplanes, gliders, ineffective rudder and/or elevator trim Send your comments to an address balloons, airships, domestic business jet system. listed under the ADDRESSES section. transport airplanes, and associated You may examine the MCAI on the Include ‘‘Docket No. FAA–2018–0285; appliances to the Director of the Policy internet at http://www.regulations.gov Directorate Identifier 2018–CE–010– and Innovation Division. by searching for and locating Docket No. AD’’ at the beginning of your comments. Regulatory Findings FAA–2018–0285. We specifically invite comments on the overall regulatory, economic, We determined that this AD will not Related Service Information Under 1 environmental, and energy aspects of have federalism implications under CFR Part 51 this AD. We will consider all comments Executive Order 13132. This AD will Pacific Aerospace Limited has issued received by the closing date and may not have a substantial direct effect on Pacific Aerospace Mandatory Service amend this AD because of those the States, on the relationship between Bulletin PACSB/XL/085, Issue 1, dated comments. the national government and the States, January 8, 2018. The service information We will post all comments we or on the distribution of power and describes procedures for removal of the receive, without change, to http:// responsibilities among the various rudder and elevator drive shaft www.regulations.gov, including any levels of government. couplings and replacement with new personal information you provide. We For the reasons discussed above, I couplings to ensure proper engagement will also post a report summarizing each certify that this AD:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15045

(1) Is not a ‘‘significant regulatory (f) Actions and Compliance (5) You may view this service information action’’ under Executive Order 12866, Unless already done, within 60 days after that is incorporated by reference at the (2) Is not a ‘‘significant rule’’ under April 30, 2018 (the effective date of this AD), National Archives and Records the DOT Regulatory Policies and remove the rudder and elevator drive shaft Administration (NARA). For information on couplings, part number (P/N) 11–49023–1, the availability of this material at NARA, call Procedures (44 FR 11034, February 26, 202–741–6030, or go to: http:// 1979), and replace with P/N 11–49023–3 at fuselage stations 115.34 and 180.85, ensuring proper www.archives.gov/federal-register/cfr/ibr- (3) Will not affect intrastate aviation locations.html. in Alaska, and engagement of the drive ends. Follow the (4) Will not have a significant Accomplishment Instructions in Pacific Issued in Kansas City, Missouri, on March Aerospace Mandatory Service Bulletin economic impact, positive or negative, 30, 2018. PACSB/XL/085, Issue 1, dated January 8, Pat Mullen, on a substantial number of small entities 2018. under the criteria of the Regulatory Acting Deputy Director, Policy & Innovation Flexibility Act. (g) Other FAA AD Provisions Division, Aircraft Certification Service The following provisions also apply to this [FR Doc. 2018–06950 Filed 4–6–18; 8:45 am] List of Subjects in 14 CFR Part 39 AD: BILLING CODE 4910–13–P Air transportation, Aircraft, Aviation (1) Alternative Methods of Compliance safety, Incorporation by reference, (AMOCs): The Manager, Small Airplane Safety. Standards Branch, FAA, has the authority to DEPARTMENT OF TRANSPORTATION approve AMOCs for this AD, if requested Adoption of the Amendment using the procedures found in 14 CFR 39.19. Federal Aviation Administration Send information to ATTN: Mike Kiesov, Accordingly, under the authority Aerospace Engineer, FAA, Small Airplane delegated to me by the Administrator, Standards Branch, 901 Locust, Room 301, 14 CFR Part 39 the FAA amends 14 CFR part 39 as Kansas City, Missouri 64106; telephone: [Docket No. FAA–2017–0810; Product follows: (816) 329–4144; fax: (816) 329–4090; email: Identifier 2017–NM–045–AD; Amendment [email protected]. Before using any 39–19240; AD 2018–07–09] PART 39—AIRWORTHINESS approved AMOC on any airplane to which DIRECTIVES the AMOC applies, notify your appropriate RIN 2120–AA64 principal inspector (PI) in the FAA Flight ■ 1. The authority citation for part 39 Standards District Office (FSDO), or lacking Airworthiness Directives; Bombardier, continues to read as follows: a PI, your local FSDO. Inc., Airplanes (2) Contacting the Manufacturer: For any Authority: 49 U.S.C. 106(g), 40113, 44701. requirement in this AD to obtain corrective AGENCY: Federal Aviation Administration (FAA), Department of § 39.13 [Amended] actions from a manufacturer, the action must be accomplished using a method approved Transportation (DOT). ■ 2. The FAA amends § 39.13 by adding by the Manager, Small Airplane Standards ACTION: Final rule. the following new AD: Branch, FAA; or the Civil Aviation Authority 2018–07–14 Pacific Aerospace Limited: of New Zealand (CAA). SUMMARY: We are adopting a new airworthiness directive (AD) for certain Amendment 39–19245; Docket No. (h) Related Information FAA–2018–0285; Directorate Identifier Bombardier, Inc., Model CL–600–2C10 Refer to the MCAI by the CAA, AD DCA/ 2018–CE–010–AD. (Regional Jet Series 700, 701, & 702), 750XL/26, dated February 28, 2018, for Model CL–600–2D15 (Regional Jet (a) Effective Date related information. You may examine the MCAI on the internet at http:// Series 705), Model CL–600–2D24 This airworthiness directive (AD) becomes (Regional Jet Series 900), and Model effective April 30, 2018. www.regulations.gov by searching for and locating Docket No. FAA–2018–0285. CL–600–2E25 (Regional Jet Series 1000) (b) Affected ADs airplanes. This AD was prompted by a (i) Material Incorporated by Reference None. report of a smoke-in-cabin event due to (1) The Director of the Federal Register a non-sustaining electrical fire. This AD (c) Applicability approved the incorporation by reference requires installation of protective This AD applies to the following Pacific (IBR) of the service information listed in this sleeves on the bonding jumper wires of Aerospace Limited Model 750XL airplanes, paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. affected galleys and lavatories. We are certificated in any category: issuing this AD to address the unsafe (1) All serial numbers equipped with (2) You must use this service information modification PAC/XL/0582; and as applicable to do the actions required by condition on these products. (2) serial numbers 193 through 197, 199, this AD, unless the AD specifies otherwise. DATES: This AD is effective May 14, 200, and 203. (i) Pacific Aerospace Mandatory Service 2018. Bulletin PACSB/XL/085, Issue 1, dated The Director of the Federal Register (d) Subject January 8, 2018. approved the incorporation by reference Air Transport Association of America (ii) Reserved. of a certain publication listed in this AD (ATA) Code 27: Flight Controls. (3) For service information identified in this AD, contact Pacific Aerospace Limited, as of May 14, 2018. (e) Reason Airport Road, Hamilton, Private Bag 3027, ADDRESSES: For service information This AD was prompted by mandatory Hamilton 3240, New Zealand; phone: +64 identified in this final rule, contact continuing airworthiness information (MCAI) 7843 6144; fax: +64 843 6134; email: pacific@ Bombardier, Inc., 400 Coˆte Vertu Road issued by the aviation authority of another aerospace.co.nz; Internet: West, Dorval, Que´bec H4S 1Y9, Canada; country to identify and correct an unsafe www.aerospace.co.nz. Widebody Customer Response Center condition on an aviation product. The MCAI (4) You may view this service information North America toll-free telephone: 1– describes the unsafe condition as insufficient at the FAA, Policy and Innovation Division, 866–538–1247 or direct-dial telephone: engagement of the couplings with the flex 901 Locust, Kansas City, Missouri 64106. For drive of the rudder trim drive system. We are information on the availability of this 1–514–855–2999; fax: 514–855–7401; issuing this AD to prevent disengagement of material at the FAA, call (816) 329–4148. It email: [email protected]; the rudder and/or elevator trim drive, which is also available on the internet at http:// internet: http://www.bombardier.com. could result in increased workload on the www.regulations.gov by searching for You may view this referenced service pilot and possible loss of control. locating Docket No. FAA–2018–0285. information at the FAA, Transport

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15046 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Standards Branch, 2200 South 216th St., a smoke-in-cabin event due to a non- Bombardier Service Bulletin (SB) 670BA–25– Des Moines, WA. For information on the sustaining electrical fire. The NPRM 101 Revision B dated 12 January 2017. availability of this material at the FAA, proposed to require installation of *** call 206–231–3195. It is also available protective sleeves on the bonding You may examine the MCAI in the on the internet at http:// jumper wires of affected galleys and AD docket on the internet at http:// www.regulations.gov by searching for lavatories. We are issuing this AD to www.regulations.gov by searching for and locating Docket No. FAA–2017– prevent an electrical short of a bonding and locating Docket No. FAA–2017– 0810. jumper wire that may result in in-flight 0810. smoke or fire events, as well as failure Examining the AD Docket of avionics equipment, due to possible Comments You may examine the AD docket on water spray or leakage from a damaged We gave the public the opportunity to the internet at http:// water supply line. participate in developing this final rule. www.regulations.gov by searching for Transport Canada Civil Aviation We considered the comment received. and locating Docket No. FAA–2017– (TCCA), which is the aviation authority The Air Line Pilots Association, 0810; or in person at the Docket for Canada, has issued Canadian AD International supported the NPRM. Management Facility between 9 a.m. CF–2016–20R1, dated February 3, 2017 and 5 p.m., Monday through Friday, (referred to after this as the Mandatory Conclusion except Federal holidays. The AD docket Continuing Airworthiness Information, We reviewed the relevant data, contains this AD, the regulatory or ‘‘the MCAI’’), to correct an unsafe considered the comment received, and evaluation, any comments received, and condition for certain Bombardier, Inc., determined that air safety and the other information. The street address for Model CL–600–2C10 (Regional Jet public interest require adopting this AD the Docket Office (telephone: 800–647– Series 700, 701, & 702), Model CL–600– as proposed except for minor editorial 5527) is Docket Management Facility, 2D15 (Regional Jet Series 705), Model changes. We have determined that these U.S. Department of Transportation, CL–600–2D24 (Regional Jet Series 900), minor changes: Docket Operations, M–30, West and Model CL–600–2E25 (Regional Jet • Are consistent with the intent that Building Ground Floor, Room W12–140, Series 1000) airplanes. The MCAI states: was proposed in the NPRM for 1200 New Jersey Avenue SE, A CRJ900 aeroplane reported a smoke in correcting the unsafe condition; and Washington, DC 20590. cabin event due to a non-sustaining electrical • Do not add any additional burden FOR FURTHER INFORMATION CONTACT: fire. The source of smoke was traced to a upon the public than was already Assata Dessaline, Aerospace Engineer, burnt heated water supply line behind the #2 proposed in the NPRM. Avionics and Administrative Services Galley. The surrounding insulation was also Section, FAA, New York ACO Branch, found burnt. Related Service Information Under 1 1600 Stewart Avenue, Suite 410, The root cause of this electrical fire was an CFR Part 51 Westbury, NY 11590; telephone: 516– electrical short between an un-insulated Bombardier, Inc., has issued Service bonding jumper and a terminal block 228–7301; fax: 516–794–5531. carrying 115 volts AC. The circuit resistance Bulletin 670BA–25–101, Revision B, SUPPLEMENTARY INFORMATION: was high enough and the circuit breakers that dated January 12, 2017. The service information describes procedures for Discussion protect the wiring did not trip open. Electrical short of a bonding jumper may installation of protective sleeves on the We issued a notice of proposed result in in-flight smoke or fire events as well bonding jumper wires of affected galleys rulemaking (NPRM) to amend 14 CFR as failure of avionics equipment due to and lavatories. This service information part 39 by adding an AD that would possible water spray or leakage from a is reasonably available because the apply to certain Bombardier, Inc., Model damaged water supply line. The likelihood of interested parties have access to it CL–600–2C10 (Regional Jet Series 700, this happening is increased by the removal through their normal course of business and installation of the galley or lavatory 701, & 702), Model CL–600–2D15 during maintenance, allowing the bonding or by the means identified in the (Regional Jet Series 705), Model CL– jumper to become wedged under the terminal ADDRESSES section. 600–2D24 (Regional Jet Series 900), and block. Costs of Compliance Model CL–600–2E25 (Regional Jet Series * * * * * 1000) airplanes. The NPRM published Revision 1 of this [Canadian] AD is issued We estimate that this AD affects 544 in the Federal Register on September to mandate [the installation of protective airplanes of U.S. registry. 13, 2017 (82 FR 42953) (‘‘the NPRM’’). sleeves on the galley and lavatory bonding We estimate the following costs to The NPRM was prompted by a report of jumper wires in accordance with] comply with this AD:

ESTIMATED COSTS

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

Install protective sleeves ...... 10 work-hours × $85 per hour = $850 ...... Negligible ...... $850 $462,400

Authority for This Rulemaking detail the scope of the Agency’s air commerce by prescribing regulations authority. for practices, methods, and procedures Title 49 of the United States Code the Administrator finds necessary for specifies the FAA’s authority to issue We are issuing this rulemaking under the authority described in ‘‘Subtitle VII, safety in air commerce. This regulation rules on aviation safety. Subtitle I, is within the scope of that authority section 106, describes the authority of Part A, Subpart III, Section 44701: General requirements.’’ Under that because it addresses an unsafe condition the FAA Administrator. ‘‘Subtitle VII: that is likely to exist or develop on Aviation Programs,’’ describes in more section, Congress charges the FAA with promoting safe flight of civil aircraft in

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15047

products identified in this rulemaking (b) Affected ADs (1) Alternative Methods of Compliance action. None. (AMOCs): The Manager, New York ACO This AD is issued in accordance with Branch, FAA, has the authority to approve authority delegated by the Executive (c) Applicability AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In Director, Aircraft Certification Service, This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this accordance with 14 CFR 39.19, send your as authorized by FAA Order 8000.51C. request to your principal inspector or local In accordance with that order, issuance AD, certificated in any category, all certificated models. Flight Standards District Office, as of ADs is normally a function of the (1) Bombardier, Inc., Model CL–600–2C10 appropriate. If sending information directly Compliance and Airworthiness (Regional Jet Series 700, 701, & 702) to the manager of the certification office, Division, but during this transition airplanes, serial numbers 10001 through send it to ATTN: Program Manager, period, the Executive Director has 10344 inclusive. Continuing Operational Safety, FAA, New delegated the authority to issue ADs (2) Bombardier, Inc., Model CL–600–2D15 York ACO Branch, 1600 Stewart Avenue, applicable to transport category (Regional Jet Series 705) and Model CL–600– Suite 410, Westbury, NY 11590; telephone: 2D24 (Regional Jet Series 900) airplanes, 516–228–7300; fax: 516–794–5531. Before airplanes to the Director of the System using any approved AMOC, notify your Oversight Division. serial numbers 15001 through 15382 inclusive. appropriate principal inspector, or lacking a Regulatory Findings (3) Bombardier, Inc., Model CL–600–2E25 principal inspector, the manager of the local (Regional Jet Series 1000) airplanes, serial flight standards district office/certificate We determined that this AD will not numbers 19001 through 19044 inclusive. holding district office. have federalism implications under (2) Contacting the Manufacturer: For any Executive Order 13132. This AD will (d) Subject requirement in this AD to obtain corrective not have a substantial direct effect on Air Transport Association (ATA) of actions from a manufacturer, the action must the States, on the relationship between America Code 25, Equipment/furnishings. be accomplished using a method approved the national government and the States, by the Manager, New York ACO Branch, (e) Reason FAA; or Transport Canada Civil Aviation or on the distribution of power and This AD was prompted by a report of a (TCCA); or Bombardier, Inc.’s TCCA Design responsibilities among the various smoke-in-cabin event due to a non-sustaining Approval Organization (DAO). If approved by levels of government. electrical fire. We are issuing this AD to the DAO, the approval must include the For the reasons discussed above, I prevent an electrical short of a bonding DAO-authorized signature. certify that this AD: jumper wire that may result in in-flight (i) Related Information 1. Is not a ‘‘significant regulatory smoke or fire events, as well as failure of action’’ under Executive Order 12866, avionics equipment, due to possible water (1) Refer to Mandatory Continuing 2. Is not a ‘‘significant rule’’ under the spray or leakage from a damaged water Airworthiness Information (MCAI) Canadian DOT Regulatory Policies and Procedures supply line. AD CF–2016–20R1, dated February 3, 2017, for related information. This MCAI may be (44 FR 11034, February 26, 1979), (f) Compliance found in the AD docket on the internet at 3. Will not affect intrastate aviation in Comply with this AD within the http://www.regulations.gov by searching for Alaska, and compliance times specified, unless already and locating Docket No. FAA–2017–0810. 4. Will not have a significant done. (2) For more information about this AD, economic impact, positive or negative, contact Assata Dessaline, Aerospace on a substantial number of small entities (g) Protective Sleeve Installation Engineer, Avionics and Administrative under the criteria of the Regulatory (1) For airplanes on which the actions Services Section, FAA, New York ACO Flexibility Act. specified in Bombardier Service Bulletin Branch, 1600 Stewart Avenue, Suite 410, 670BA–25–101, dated December 17, 2015; or Westbury, NY 11590; telephone: 516–228– List of Subjects in 14 CFR Part 39 Bombardier Service Bulletin 670BA–25–101, 7301; fax: 516–794–5531. Revision A, dated October 31, 2016, have not Air transportation, Aircraft, Aviation been done, as of the effective date of this AD: (j) Material Incorporated by Reference safety, Incorporation by reference, Within 6,600 flight hours or 36 months after (1) The Director of the Federal Register Safety. the effective date of this AD, whichever approved the incorporation by reference (IBR) of the service information listed in this Adoption of the Amendment occurs first, install protective sleeves on the bonding jumper wires of affected galleys and paragraph under 5 U.S.C. 552(a) and 1 CFR Accordingly, under the authority lavatories, in accordance with Part A through part 51. delegated to me by the Administrator, Part E, as applicable, of the Accomplishment (2) You must use this service information the FAA amends 14 CFR part 39 as Instructions of Bombardier Service Bulletin as applicable to do the actions required by follows: 670BA–25–101, Revision B, dated January this AD, unless this AD specifies otherwise. 12, 2017. (i) Bombardier Service Bulletin 670BA–25– PART 39—AIRWORTHINESS (2) For airplanes on which the actions 101, Revision B, dated January 12, 2017. DIRECTIVES specified in Bombardier Service Bulletin (ii) Reserved. 670BA–25–101, dated December 17, 2015; or (3) For service information identified in this AD, contact Bombardier, Inc., 400 Coˆte ■ 1. The authority citation for part 39 Bombardier Service Bulletin 670BA–25–101, Revision A, dated October 31, 2016, have Vertu Road West, Dorval, Que´bec H4S 1Y9, continues to read as follows: been done, as of the effective date of this AD: Canada; Widebody Customer Response Authority: 49 U.S.C. 106(g), 40113, 44701. Within 6,600 flight hours or 36 months after Center North America toll-free telephone: 1– the effective date of this AD, whichever 866–538–1247 or direct-dial telephone: 1– § 39.13 [Amended] occurs first, inspect, and if required, install 514–855–2999; fax: 514–855–7401; email: ■ 2. The FAA amends § 39.13 by adding protective sleeves on the bonding jumper [email protected]; internet: http://www.bombardier.com. the following new airworthiness wires of affected galleys and lavatories, in accordance with Part F of the (4) You may view this service information directive (AD): Accomplishment Instructions of Bombardier at the FAA, Transport Standards Branch, 2018–07–09 Bombardier, Inc.: Amendment Service Bulletin 670BA–25–101, Revision B, 2200 South 216th St., Des Moines, WA. For 39–19240; Docket No. FAA–2017–0810; dated January 12, 2017. information on the availability of this Product Identifier 2017–NM–045–AD. material at the FAA, call 206–231–3195. (h) Other FAA AD Provisions (5) You may view this service information (a) Effective Date The following provisions also apply to this that is incorporated by reference at the This AD is effective May 14, 2018. AD: National Archives and Records

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15048 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Administration (NARA). For information on • Hand Delivery: U.S. Department of This condition, if not detected and the availability of this material at NARA, call Transportation, Docket Operations, M– corrected, could lead to hidden sensor signal 202–741–6030, or go to: http:// 30, West Building Ground Floor, Room drift (at flap station 3) which, in combination www.archives.gov/federal-register/cfr/ibr- W12–140, 1200 New Jersey Avenue SE, with an independent failure of a flap down locations.html. Washington, DC, between 9 a.m. and 5 drive disconnect, might lead to in-flight detachment of the outer flap surface, possibly Issued in Des Moines, Washington, on p.m., Monday through Friday, except March 20, 2018. resulting in damage to the aeroplane, and/or Federal holidays. injury to persons on the ground. Michael Kaszycki, For service information identified in Airbus determined that the SPPU Acting Director, System Oversight Division, this final rule, contact Airbus SAS, calibration test can highlight all hidden Aircraft Certification Service. Airworthiness Office—EAL, 1 Rond faults, but this test is only scheduled after [FR Doc. 2018–06712 Filed 4–6–18; 8:45 am] Point Maurice Bellonte, 31707 Blagnac removal/installation of the equipment. BILLING CODE 4910–13–P Cedex, France; telephone +33 5 61 93 36 Consequently, to address this potential 96; fax +33 5 61 93 45 80; email unsafe condition, Airbus issued the SB continued-airworthiness.a350@ [Service Bulletin A350–27–P021, dated DEPARTMENT OF TRANSPORTATION airbus.com; internet http:// February 13, 2018], providing instructions to accomplish the SPPU calibration test at www.airbus.com. You may view this Federal Aviation Administration regular intervals. referenced service information at the For the reason described above, this FAA, Transport Standards Branch, 2200 [EASA] AD requires repetitive SPPU 14 CFR Part 39 South 216th St., Des Moines, WA. For calibration test and, depending on findings, [Docket No. FAA–2018–0269; Product information on the availability of this accomplishment of applicable corrective Identifier 2018–NM–051–AD; Amendment material at the FAA, call 206–231–3195. action(s) [applying corresponding airplane 39–19243; AD 2018–07–12] It is also available on the internet at fault isolation]. http://www.regulations.gov by searching Pending the results of the on-going RIN 2120–AA64 for and locating Docket No. FAA–2018– investigation, this [EASA] AD is still considered to be an interim measure and 0269. Airworthiness Directives; Airbus further [EASA] AD action may follow. Airplanes Examining the AD Docket You may examine the MCAI on the AGENCY: Federal Aviation You may examine the AD docket on internet at http://www.regulations.gov Administration (FAA), DOT. the internet at http:// by searching for and locating Docket No. www.regulations.gov by searching for FAA–2018–0269. ACTION: Final rule; request for and locating Docket No. FAA–2018– comments. Related Service Information Under 1 0269; or in person at the Docket CFR Part 51 SUMMARY: We are adopting a new Operations office between 9 a.m. and 5 airworthiness directive (AD) for all p.m., Monday through Friday, except Airbus has issued Service Bulletin Airbus Model A350–941 airplanes. This Federal holidays. The AD docket A350–27–P021, dated February 13, AD requires performing repetitive contains this AD, the regulatory 2018. The service information describes station position pick-off unit (SPPU) evaluation, any comments received, and performing repetitive SPPU calibration calibration tests, and applying the other information. The street address for tests, and applying the corresponding corresponding airplane fault isolation if the Docket Operations office (telephone airplane fault isolation if necessary. necessary. This AD was prompted by a 800–647–5527) is in the ADDRESSES This service information is reasonably report indicating malfunctions of the section. Comments will be available in available because the interested parties SPPU and failures of the internal wiring the AD docket shortly after receipt. have access to it through their normal due to water ingress via certain FOR FURTHER INFORMATION CONTACT: course of business or by the means electrical connectors, inducing Kathleen Arrigotti, Aerospace Engineer, identified in the ADDRESSES section. subsequent icing during flight. We are International Section, Transport FAA’s Determination and Requirements issuing this AD to address the unsafe Standards Branch, FAA, 2200 South of This AD condition on these products. 216th St., Des Moines, WA 98198; telephone and fax 206–231–3218. This product has been approved by DATES: This AD becomes effective April the aviation authority of another SUPPLEMENTARY INFORMATION: 24, 2018. country, and is approved for operation The Director of the Federal Register Discussion in the United States. Pursuant to our approved the incorporation by reference The European Aviation Safety Agency bilateral agreement with the State of of a certain publication listed in this AD Design Authority, we have been notified as of April 24, 2018. (EASA), which is the Technical Agent for the Member States of the European of the unsafe condition described in the We must receive comments on this MCAI and service information AD by May 24, 2018. Union, has issued EASA Airworthiness Directive 2018–0058, dated March 14, referenced above. We are issuing this ADDRESSES: You may send comments, 2018 (referred to after this as the AD because we evaluated all pertinent using the procedures found in 14 CFR Mandatory Continuing Airworthiness information and determined the unsafe 11.43 and 11.45, by any of the following Information, or ‘‘the MCAI’’), to correct condition exists and is likely to exist or methods: develop on other products of the same • an unsafe condition for all Airbus Federal eRulemaking Portal: Go to Model A350–941 airplanes. The MCAI type design. http://www.regulations.gov. Follow the states: instructions for submitting comments. FAA’s Determination of the Effective • Fax: 202–493–2251. Occurrences have been reported by Airbus Date • Mail: U.S. Department of A350 operators of malfunctions of Station An unsafe condition exists that Position Pick-Off Units (SPPU). Transportation, Docket Operations, M– Investigations indicated that internal wiring requires the immediate adoption of this 30, West Building Ground Floor, Room failures occurred due to water ingress via AD. The FAA has found that the risk to W12–140, 1200 New Jersey Avenue SE, certain electrical connectors, inducing the flying public justifies waiving notice Washington, DC 20590. subsequent icing during flight. and comment prior to adoption of this

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15049

rule because malfunctions of the SPPU Comments Invited received by the closing date and may and failures of the internal wiring due This AD is a final rule that involves amend this AD based on those to water ingress via certain electrical requirements affecting flight safety, and comments. connectors can induce icing, which we did not precede it by notice and We will post all comments we under certain conditions, could lead to opportunity for public comment. We receive, without change, to http:// in-flight detachment of the outer flap invite you to send any written relevant www.regulations.gov, including any surface, and consequent damage to the data, views, or arguments about this AD. personal information you provide. We airplane. Therefore, we determined that Send your comments to an address will also post a report summarizing each notice and opportunity for public listed under the ADDRESSES section. substantive verbal contact we receive comment before issuing this AD are Include ‘‘Docket No. FAA–2018–0269; about this AD. impracticable and that good cause exists Product Identifier 2018–NM–051–AD’’ Costs of Compliances for making this amendment effective in at the beginning of your comments. We fewer than 30 days. specifically invite comments on the We estimate that this AD affects 6 overall regulatory, economic, airplanes of U.S. registry. We estimate environmental, and energy aspects of the following costs to comply with this this AD. We will consider all comments AD:

ESTIMATED COSTS

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

SPPU calibration test .... 2 work-hours × $85 per hour = $170 per test $0 $170 per test cycle ...... $1,020 per test cycle cycle.

We have received no definitive data Regulatory Findings § 39.13 [Amended] that would enable us to provide cost We determined that this AD will not ■ 2. The FAA amends § 39.13 by adding estimates for the on-condition actions have federalism implications under the following new airworthiness specified in this AD. Executive Order 13132. This AD will directive (AD): Authority for This Rulemaking not have a substantial direct effect on 2018–07–12 Airbus: Amendment 39–19243; the States, on the relationship between Docket No. FAA–2018–0269; Product Title 49 of the United States Code the national government and the States, Identifier 2018–NM–051–AD. specifies the FAA’s authority to issue or on the distribution of power and rules on aviation safety. Subtitle I, (a) Effective Date responsibilities among the various This AD becomes effective April 24, 2018. section 106, describes the authority of levels of government. the FAA Administrator. Subtitle VII: For the reasons discussed above, I (b) Affected ADs Aviation Programs, describes in more certify that this AD: None. detail the scope of the Agency’s 1. Is not a ‘‘significant regulatory (c) Applicability authority. action’’ under Executive Order 12866; We are issuing this rulemaking under This AD applies to all Airbus Model A350– 2. Is not a ‘‘significant rule’’ under the 941 airplanes, certificated in any category. the authority described in Subtitle VII, DOT Regulatory Policies and Procedures Part A, Subpart III, Section 44701: (44 FR 11034, February 26, 1979); (d) Subject ‘‘General requirements.’’ Under that 3. Will not affect intrastate aviation in Air Transport Association (ATA) of section, Congress charges the FAA with Alaska; and America Code 27, Flight controls. promoting safe flight of civil aircraft in 4. Will not have a significant (e) Reason air commerce by prescribing regulations economic impact, positive or negative, This AD was prompted by a report for practices, methods, and procedures on a substantial number of small entities the Administrator finds necessary for indicating malfunctions of the station under the criteria of the Regulatory position pick-off unit (SPPU) and failures of safety in air commerce. This regulation Flexibility Act. the internal wiring due to water ingress via is within the scope of that authority certain electrical connectors, inducing because it addresses an unsafe condition List of Subjects in 14 CFR Part 39 subsequent icing during flight. We are that is likely to exist or develop on Air transportation, Aircraft, Aviation issuing this AD to address a hidden sensor products identified in this rulemaking safety, Incorporation by reference, signal drift, which, in combination with an action. Safety. independent failure of a flap down drive This AD is issued in accordance with disconnect, could lead to in-flight Adoption of the Amendment detachment of the outer flap surface, and authority delegated by the Executive possibly result in damage to the airplane. Director, Aircraft Certification Service, Accordingly, under the authority as authorized by FAA Order 8000.51C. delegated to me by the Administrator, (f) Compliance In accordance with that order, issuance the FAA amends 14 CFR part 39 as Comply with this AD within the of ADs is normally a function of the follows: compliance times specified, unless already Compliance and Airworthiness done. Division, but during this transition PART 39—AIRWORTHINESS (g) Repetitive SPPU Calibration Tests and period, the Executive Director has DIRECTIVES Corrective Action delegated the authority to issue ADs ■ 1. The authority citation for part 39 Within 200 flight cycles or 30 days after applicable to transport category the effective date of this AD, whichever airplanes to the Director of the System continues to read as follows: occurs first, accomplish a SPPU calibration Oversight Division. Authority: 49 U.S.C. 106(g), 40113, 44701. test in accordance with the Accomplishment

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15050 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Instructions of Airbus Service Bulletin A350– [email protected]; Group, Central Service Center, 10101 27–P021, dated February 13, 2018. If any internet http://www.airbus.com. Hillwood Parkway, Fort Worth, TX fault message appears after accomplishment (4) You may view this service information 76177; telephone (817) 222–5711. of the SPPU calibration test, before further at the FAA, Transport Standards Branch, flight, apply the corresponding airplane fault 2200 South 216th St., Des Moines, WA. For SUPPLEMENTARY INFORMATION: isolation and continue with the SPPU information on the availability of this calibration test. Repeat the SPPU calibration material at the FAA, call 206–231–3195. History test thereafter at intervals not to exceed 200 (5) You may view this service information flight cycles. that is incorporated by reference at the The FAA published a final rule in the National Archives and Records Federal Register (83 FR 5707; February (h) Other FAA AD Provisions Administration (NARA). For information on 9, 2018) for Docket No. FAA–2016–9559 The following provisions also apply to this the availability of this material at NARA, call modifying Class D airspace at Spirit of AD: 202–741–6030, or go to: http:// St. Louis Airport, St. Louis, MO; Class (1) Alternative Methods of Compliance www.archives.gov/federal-register/cfr/ibr- (AMOCs): The Manager, International locations.html. E airspace designated as a surface area Section, Transport Standards Branch, FAA, at Cape Girardeau Regional Airport, Issued in Des Moines, Washington, on Cape Girardeau, MO, and Spirit of St. has the authority to approve AMOCs for this March 27, 2018. AD, if requested using the procedures found Louis Airport; Class E airspace in 14 CFR 39.19. In accordance with 14 CFR Chris Spangenberg, designated as an extension at Cape 39.19, send your request to your principal Acting Director, System Oversight Division, Girardeau Regional Airport; and Class E Aircraft Certification Service. inspector or local Flight Standards District airspace extending upward from 700 Office, as appropriate. If sending information [FR Doc. 2018–06946 Filed 4–6–18; 8:45 am] feet above the surface at Cape Girardeau directly to the International Section, send it BILLING CODE 4910–13–P to the attention of the person identified in Regional Airport, Spirit of St. Louis paragraph (i)(2) of this AD. Information may Airport, and Macon-Fower Memorial be emailed to: 9–ANM–116–AMOC– DEPARTMENT OF TRANSPORTATION Airport, Macon, MO. A typographical [email protected]. Before using any error was made in the geographic approved AMOC, notify your appropriate Federal Aviation Administration coordinates for the St. Louis Lambert principal inspector, or lacking a principal inspector, the manager of the local flight International Runway 30L Localizer standards district office/certificate holding 14 CFR Part 71 listed in the legal description of Class E district office. [Docket No. FAA–2016–9559; Airspace airspace extending upward from 700 (2) Contacting the Manufacturer: For any Docket No. 16–ACE–11] feet above the surface for St. Louis, MO. requirement in this AD to obtain corrective This action corrects this error. actions from a manufacturer, the action must RIN 2120–AA66 be accomplished using a method approved Correction to Final Rule by the Manager, International Section, Amendment of Class D and E Airspace Transport Standards Branch, FAA; or the for the Following Missouri Towns; Accordingly, pursuant to the European Aviation Safety Agency (EASA); or Cape Girardeau, MO; St. Louis, MO; authority delegated to me, in the Airbus’s EASA Design Organization and Macon, MO Federal Register of February 9, 2018 (83 Approval (DOA). If approved by the DOA, FR 5707) FR Doc. 2018–02139, the approval must include the DOA- AGENCY: Federal Aviation Amendment of Class D and E Airspace authorized signature. Administration (FAA), DOT. for the Following Missouri Towns; Cape (i) Related Information ACTION: Final rule, correction. Girardeau, MO; St. Louis, MO; and (1) Refer to Mandatory Continuing SUMMARY: Macon, MO, is corrected as follows: Airworthiness Information (MCAI) EASA This action corrects the final Airworthiness Directive 2018–0058, dated rule published in the Federal Register § 71.1 [Amended] March 14, 2018, for related information. You on February 9, 2018, modifying Class D may examine the MCAI on the internet at airspace at Spirit of St. Louis Airport, ACE MO E5 St. Louis, MO [Corrected] http://www.regulations.gov by searching for St. Louis, MO; Class E airspace On page 5710, column 2, line 38, and locating Docket No. FAA–2018–0269. designated as a surface area at Cape ° ′ ″ ° ′ ″ (2) For more information about this AD, Girardeau Regional Airport, Cape remove (lat. 38 45 44 N, long. 90 22 56 contact Kathleen Arrigotti, Aerospace W) and add in its place (lat. 38°45′19″ Girardeau, MO, and Spirit of St. Louis ° ′ ″ Engineer, International Section, Transport Airport; Class E airspace designated as N, long. 90 22 56 W). Standards Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone and an extension at Cape Girardeau Regional Issued in Fort Worth, Texas, on April 2, fax 206–231–3218. Airport; and Class E airspace extending 2018. upward from 700 feet above the surface Christopher L. Southerland, (j) Material Incorporated by Reference at Cape Girardeau Regional Airport, Acting Manager, Operations Support Group, (1) The Director of the Federal Register Spirit of St. Louis Airport, and Macon- ATO Central Service Center. approved the incorporation by reference Fower Memorial Airport, Macon, MO. A [FR Doc. 2018–07100 Filed 4–6–18; 8:45 am] (IBR) of the service information listed in this typographical error was made in the paragraph under 5 U.S.C. 552(a) and 1 CFR geographic coordinates for the St. Louis BILLING CODE 4910–13–P part 51. (2) You must use this service information Lambert International Runway 30L as applicable to do the actions required by Localizer listed in the legal description this AD, unless this AD specifies otherwise. of the Class E airspace extending (i) Airbus Service Bulletin A350–27–P021, upward from 700 feet above the surface dated February 13, 2018. for St. Louis, MO. (ii) Reserved. DATES: Effective date 0901 UTC, May 24, (3) For service information identified in 2018. this AD, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, FOR FURTHER INFORMATION CONTACT: 31707 Blagnac Cedex, France; telephone +33 Jeffrey Claypool, Federal Aviation 5 61 93 36 96; fax +33 5 61 93 45 80; email Administration, Operations Support

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15051

DEPARTMENT OF TRANSPORTATION Availability separate SIAP and Takeoff Minimums All SIAPs and Takeoff Minimums and and ODP as amended in the transmittal. Federal Aviation Administration ODPs are available online free of charge. For safety and timeliness of change Visit the National Flight Data Center considerations, this amendment 14 CFR Part 97 online at nfdc.faa.gov to register. incorporates only specific changes Additionally, individual SIAP and contained for each SIAP and Takeoff [Docket No. 31187; Amdt. No. 3794] Takeoff Minimums and ODP copies may Minimums and ODP as modified by be obtained from the FAA Air Traffic FDC permanent NOTAMs. Standard Instrument Approach Organization Service Area in which the The SIAPs and Takeoff Minimums Procedures, and Takeoff Minimums affected airport is located. and Obstacle Departure Procedures; and ODPs, as modified by FDC FOR FURTHER INFORMATION CONTACT: Miscellaneous Amendments permanent NOTAM, and contained in Thomas J. Nichols, Flight Procedure this amendment are based on the AGENCY: Federal Aviation Standards Branch (AFS–420) Flight criteria contained in the U.S. Standard Administration (FAA), DOT. Technologies and Procedures Division, for Terminal Instrument Procedures ACTION: Final rule. Flight Standards Service, Federal (TERPS). In developing these changes to Aviation Administration, Mike SIAPs and Takeoff Minimums and SUMMARY: This rule amends, suspends, Monroney Aeronautical Center, 6500 ODPs, the TERPS criteria were applied South MacArthur Blvd., Oklahoma City, or removes Standard Instrument only to specific conditions existing at Approach Procedures (SIAPs) and OK 73169 (Mail Address: P.O. Box the affected airports. All SIAP associated Takeoff Minimums and 25082, Oklahoma City, OK 73125) amendments in this rule have been Obstacle Departure Procedures for telephone: (405) 954–4164. previously issued by the FAA in a FDC operations at certain airports. These SUPPLEMENTARY INFORMATION: This rule NOTAM as an emergency action of regulatory actions are needed because of amends Title 14, Code of Federal immediate flight safety relating directly the adoption of new or revised criteria, Regulations, Part 97 (14 CFR part 97) by or because of changes occurring in the amending the referenced SIAPs. The to published aeronautical charts. National Airspace System, such as the complete regulatory description of each The circumstances that created the commissioning of new navigational SIAP is listed on the appropriate FAA need for these SIAP and Takeoff facilities, adding new obstacles, or Form 8260, as modified by the National Minimums and ODP amendments changing air traffic requirements. These Flight Data Center (NFDC)/Permanent require making them effective in less changes are designed to provide for the Notice to Airmen (P–NOTAM), and is than 30 days. safe and efficient use of the navigable incorporated by reference under 5 Because of the close and immediate airspace and to promote safe flight U.S.C. 552(a), 1 CFR part 51, and 14 relationship between these SIAPs, operations under instrument flight rules CFR 97.20. The large number of SIAPs, Takeoff Minimums and ODPs, and at the affected airports. their complex nature, and the need for safety in air commerce, I find that notice DATES: a special format make their verbatim This rule is effective April 9, and public procedure under 5 U.S.C. 2018. The compliance date for each publication in the Federal Register 553(b) are impracticable and contrary to SIAP, associated Takeoff Minimums, expensive and impractical. Further, the public interest and, where and ODP is specified in the amendatory airmen do not use the regulatory text of applicable, under 5 U.S.C. 553(d), good provisions. the SIAPs, but refer to their graphic The incorporation by reference of depiction on charts printed by cause exists for making these SIAPs certain publications listed in the publishers of aeronautical materials. effective in less than 30 days. regulations is approved by the Director Thus, the advantages of incorporation The FAA has determined that this of the Federal Register as of April 9, by reference are realized and regulation only involves an established 2018. publication of the complete description body of technical regulations for which of each SIAP contained on FAA form ADDRESSES: Availability of matter frequent and routine amendments are documents is unnecessary. necessary to keep them operationally incorporated by reference in the This amendment provides the affected amendment is as follows: current. It, therefore—(1) is not a CFR sections, and specifies the SIAPs ‘‘significant regulatory action’’ under For Examination and Takeoff Minimums and ODPs with Executive Order 12866; (2) is not a their applicable effective dates. This ‘‘significant rule’’ under DOT regulatory 1. U.S. Department of Transportation, amendment also identifies the airport Policies and Procedures (44 FR 11034; Docket Ops–M30, 1200 New Jersey and its location, the procedure and the February 26, 1979); and (3) does not Avenue SE, West Bldg., Ground Floor, amendment number. Washington, DC 20590–0001; warrant preparation of a regulatory 2. The FAA Air Traffic Organization Availability and Summary of Material evaluation as the anticipated impact is Service Area in which the affected Incorporated by Reference so minimal. For the same reason, the airport is located; The material incorporated by FAA certifies that this amendment will 3. The office of Aeronautical reference is publicly available as listed not have a significant economic impact Navigation Products, 6500 South in the ADDRESSES section. on a substantial number of small entities MacArthur Blvd., Oklahoma City, OK The material incorporated by under the criteria of the Regulatory 73169 or, reference describes SIAPs, Takeoff Flexibility Act. 4. The National Archives and Records Minimums and ODPs as identified in Administration (NARA). the amendatory language for part 97 of List of Subjects in 14 CFR Part 97 For information on the availability of this final rule. Air traffic control, Airports, this material at NARA, call 202–741– 6030, or go to: http://www.archives.gov/ The Rule Incorporation by reference, Navigation federal_register/code_of_federal_ This amendment to 14 CFR part 97 is (air). regulations/ibr_locations.html. effective upon publication of each

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15052 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Issued in Washington, DC, on March 23, ODPs, effective at 0901 UTC on the §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 2018. dates specified, as follows: 97.35 [AMENDED] John S. Duncan, PART 97—STANDARD INSTRUMENT By amending: § 97.23 VOR, VOR/ Director, Flight Standards Service. APPROACH PROCEDURES DME, VOR or TACAN, and VOR/DME or TACAN; § 97.25 LOC, LOC/DME, Adoption of the Amendment ■ 1. The authority citation for part 97 LDA, LDA/DME, SDF, SDF/DME; Accordingly, pursuant to the continues to read as follows: § 97.27 NDB, NDB/DME; § 97.29 ILS, authority delegated to me, Title 14, Authority: 49 U.S.C. 106(f), 106(g), 40103, ILS/DME, MLS, MLS/DME, MLS/RNAV; Code of Federal regulations, Part 97, (14 40106, 40113, 40114, 40120, 44502, 44514, § 97.31 RADAR SIAPs; § 97.33 RNAV CFR part 97), is amended by amending 44701, 44719, 44721–44722. SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: Standard Instrument Approach ■ 2. Part 97 is amended to read as Procedures and Takeoff Minimums and follows: * * * Effective Upon Publication

AIRAC date State City Airport FDC No. FDC date Subject

26–Apr–18 .... MN Alexandria ...... Chandler Field ...... 8/0189 3/1/18 This NOTAM, published in TL 18–09, is hereby re- scinded in its entirety. 26–Apr–18 .... CA Fresno ...... Fresno Yosemite Intl ...... 7/9103 3/8/18 LOC Y RWY 11L, Amdt 2C. 26–Apr–18 .... AL Courtland ...... Courtland ...... 8/0390 3/16/18 Takeoff Minimums and (Ob- stacle) DP, Amdt 2. 26–Apr–18 .... MN Alexandria ...... Chandler Field ...... 8/0431 3/14/18 RNAV (GPS) RWY 22, Orig. 26–Apr–18 .... IN Indianapolis ...... Indianapolis Rgnl ...... 8/0900 3/16/18 VOR RWY 34, Amdt 2C. 26–Apr–18 .... CO Colorado Springs ...... City Of Colorado Springs 8/1731 3/14/18 RNAV (GPS) Y RWY 35L, Muni. Amdt 1A. 26–Apr–18 .... LA Lafayette ...... Lafayette Rgnl/Paul Fournet 8/1749 3/16/18 ILS OR LOC RWY 4R, Amdt Field. 2D. 26–Apr–18 .... LA Lafayette ...... Lafayette Rgnl/Paul Fournet 8/1750 3/16/18 RNAV (GPS) RWY 4R, Field. Amdt 1C. 26–Apr–18 .... LA Lafayette ...... Lafayette Rgnl/Paul Fournet 8/1752 3/16/18 RNAV (GPS) RWY 22L, Field. Amdt 1B. 26–Apr–18 .... LA Lafayette ...... Lafayette Rgnl/Paul Fournet 8/1753 3/16/18 ILS OR LOC RWY 22L, Field. Amdt 5C. 26–Apr–18 .... LA Lake Charles ...... Lake Charles Rgnl ...... 8/4569 3/13/18 RNAV (GPS) RWY 15, Amdt 1A. 26–Apr–18 .... OK Stillwater ...... Stillwater Rgnl ...... 8/4810 3/15/18 RNAV (GPS) RWY 35, Amdt 1A. 26–Apr–18 .... MS Meridian ...... Key Field ...... 8/6080 3/8/18 ILS OR LOC RWY 1, Amdt 26A. 26–Apr–18 .... CA Sacramento ...... Sacramento Intl ...... 8/7363 3/13/18 ILS OR LOC RWY 34L, Amdt 7F. 26–Apr–18 .... CA Arcata/Eureka ...... California Redwood Coast- 8/7880 3/8/18 RNAV (GPS) RWY 32, Humboldt County. Amdt 2. 26–Apr–18 .... MI Marlette ...... Marlette ...... 8/8447 3/13/18 Takeoff Minimums and (Ob- stacle) DP, Orig. 26–Apr–18 .... AZ Casa Grande ...... Casa Grande Muni ...... 8/9260 3/14/18 VOR RWY 5, Amdt 4D. 26–Apr–18 .... AZ Casa Grande ...... Casa Grande Muni ...... 8/9263 3/14/18 ILS OR LOC/DME RWY 5, Amdt 6F.

[FR Doc. 2018–06991 Filed 4–6–18; 8:45 am] SUMMARY: This rule establishes, amends, DATES: This rule is effective April 9, BILLING CODE 4910–13–P suspends, or removes Standard 2018. The compliance date for each Instrument Approach Procedures SIAP, associated Takeoff Minimums, (SIAPs) and associated Takeoff and ODP is specified in the amendatory DEPARTMENT OF TRANSPORTATION Minimums and Obstacle Departure provisions. Procedures (ODPs) for operations at Federal Aviation Administration The incorporation by reference of certain airports. These regulatory certain publications listed in the 14 CFR Part 97 actions are needed because of the regulations is approved by the Director adoption of new or revised criteria, or of the Federal Register as of April 9, because of changes occurring in the 2018. [Docket No. 31186; Amdt. No. 3793] National Airspace System, such as the ADDRESSES: Availability of matters Standard Instrument Approach commissioning of new navigational incorporated by reference in the Procedures, and Takeoff Minimums facilities, adding new obstacles, or amendment is as follows: and Obstacle Departure Procedures; changing air traffic requirements. These Miscellaneous Amendments changes are designed to provide safe For Examination and efficient use of the navigable AGENCY: Federal Aviation airspace and to promote safe flight 1. U.S. Department of Transportation, Administration (FAA), DOT. operations under instrument flight rules Docket Ops–M30, 1200 New Jersey Avenue SE, West Bldg., Ground Floor, ACTION: Final rule. at the affected airports. Washington, DC 20590–0001.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15053

2. The FAA Air Traffic Organization documents is unnecessary. This Regulatory Policies and Procedures (44 Service Area in which the affected amendment provides the affected CFR FR 11034; February 26, 1979); and (3) airport is located; sections and specifies the types of does not warrant preparation of a 3. The office of Aeronautical SIAPs, Takeoff Minimums and ODPs regulatory evaluation as the anticipated Navigation Products, 6500 South with their applicable effective dates. impact is so minimal. For the same MacArthur Blvd., Oklahoma City, OK This amendment also identifies the reason, the FAA certifies that this 73169 or, airport and its location, the procedure, amendment will not have a significant 4. The National Archives and Records and the amendment number. economic impact on a substantial Administration (NARA). For Availability and Summary of Material number of small entities under the information on the availability of this Incorporated by Reference criteria of the Regulatory Flexibility Act. material at NARA, call 202–741–6030, List of Subjects in 14 CFR Part 97 or go to: http://www.archives.gov/ The material incorporated by federal_register/code_of_federal_ reference is publicly available as listed Air traffic control, Airports, regulations/ibr_locations.html. in the ADDRESSES section. Incorporation by reference, Navigation The material incorporated by (air). Availability reference describes SIAPS, Takeoff Issued in Washington, DC, on March 23, All SIAPs and Takeoff Minimums and Minimums and/or ODPS as identified in 2018. ODPs are available online free of charge. the amendatory language for part 97 of John S. Duncan, this final rule. Visit the National Flight Data Center at Director, Flight Standards Service. nfdc.faa.gov to register. Additionally, The Rule individual SIAP and Takeoff Minimums Adoption of the Amendment This amendment to 14 CFR part 97 is and ODP copies may be obtained from Accordingly, pursuant to the effective upon publication of each the FAA Air Traffic Organization authority delegated to me, Title 14, separate SIAP, Takeoff Minimums and Service Area in which the affected Code of Federal Regulations, Part 97 (14 ODP as Amended in the transmittal. airport is located. CFR part 97) is amended by Some SIAP and Takeoff Minimums and FOR FURTHER INFORMATION CONTACT: establishing, amending, suspending, or textual ODP amendments may have removing Standard Instrument Thomas J. Nichols, Flight Procedure been issued previously by the FAA in a Approach Procedures and/or Takeoff Standards Branch (AFS–420), Flight Flight Data Center (FDC) Notice to Minimums and Obstacle Departure Technologies and Programs Divisions, Airmen (NOTAM) as an emergency Procedures effective at 0901 UTC on the Flight Standards Service, Federal action of immediate flight safety relating dates specified, as follows: Aviation Administration, Mike directly to published aeronautical Monroney Aeronautical Center, 6500 charts. South MacArthur Blvd., Oklahoma City, PART 97—STANDARD INSTRUMENT The circumstances that created the APPROACH PROCEDURES OK 73169 (Mail Address: P.O. Box need for some SIAP and Takeoff 25082, Oklahoma City, OK 73125) Minimums and ODP amendments may ■ 1. The authority citation for part 97 Telephone: (405) 954–4164. require making them effective in less continues to read as follows: SUPPLEMENTARY INFORMATION: than 30 days. For the remaining SIAPs Authority: 49 U.S.C. 106(f), 106(g), 40103, This rule amends Title 14 of the Code and Takeoff Minimums and ODPs, an 40106, 40113, 40114, 40120, 44502, 44514, of Federal Regulations, Part 97 (14 CFR effective date at least 30 days after 44701, 44719, 44721–44722. part 97), by establishing, amending, publication is provided. ■ 2. Part 97 is amended to read as suspending, or removes SIAPS, Takeoff Further, the SIAPs and Takeoff follows: Minimums and/or ODPS. The complete Minimums and ODPs contained in this regulatory description of each SIAP and amendment are based on the criteria Effective 26 April 2018 its associated Takeoff Minimums or contained in the U.S. Standard for Harrison, AR, Boone County, Takeoff ODP for an identified airport is listed on Terminal Instrument Procedures Minimums and Obstacle DP, Amdt 2A FAA form documents which are (TERPS). In developing these SIAPs and Kailua/Kona, HI, Ellison Onizuka Kona Intl incorporated by reference in this Takeoff Minimums and ODPs, the at Keahole, RNAV (RNP) Z RWY 17, amendment under 5 U.S.C. 552(a), 1 TERPS criteria were applied to the Orig-B CFR part 51, and 14 CFR part 97.20. The conditions existing or anticipated at the Effective 24 May 2018 applicable FAA forms are FAA Forms affected airports. Because of the close Bettles, AK, Bettles, RNAV (GPS) RWY 2, 8260–3, 8260–4, 8260–5, 8260–15A, and and immediate relationship between Amdt 1 8260–15B when required by an entry on these SIAPs, Takeoff Minimums and Bettles, AK, Bettles, RNAV (GPS) RWY 20, 8260–15A. ODPs, and safety in air commerce, I find Amdt 1 The large number of SIAPs, Takeoff that notice and public procedure under Bettles, AK, Bettles, Takeoff Minimums and Minimums and ODPs, their complex 5 U.S.C. 553(b) are impracticable and Obstacle DP, Amdt 3 nature, and the need for a special format Bettles, AK, Bettles, VOR RWY 2, Amdt 2 contrary to the public interest and, Birmingham, AL, Birmingham-Shuttlesworth make publication in the Federal where applicable, under 5 U.S.C. 553(d), Intl, Takeoff Minimums and Obstacle DP, Register expensive and impractical. good cause exists for making some Amdt 8 Further, airmen do not use the SIAPs effective in less than 30 days. Harrison, AR, Boone County, RNAV (GPS) regulatory text of the SIAPs, Takeoff The FAA has determined that this RWY 18, Orig-A Minimums or ODPs, but instead refer to regulation only involves an established Melbourne, AR, Melbourne Muni-John E their graphic depiction on charts body of technical regulations for which Miller Field, Takeoff Minimums and printed by publishers of aeronautical frequent and routine amendments are Obstacle DP, Amdt 1 materials. Thus, the advantages of necessary to keep them operationally Morrilton, AR, Petit Jean Park, Takeoff Minimums and Obstacle DP, Amdt 2 incorporation by reference are realized current. It, therefore—(1) is not a Palmdale, CA, Palmdale USAF Plant 42, ILS and publication of the complete ‘‘significant regulatory action’’ under OR LOC RWY 25, Amdt 10 description of each SIAP, Takeoff Executive Order 12866; (2) is not a Palmdale, CA, Palmdale USAF Plant 42, Minimums and ODP listed on FAA form ‘‘significant rule’’ under DOT RNAV (GPS) RWY 7, Orig

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15054 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Palmdale, CA, Palmdale USAF Plant 42, Dayton, OH, James M Cox Dayton Intl, RNAV staff. USTR has replaced the rule, which RNAV (GPS) RWY 22, Orig (RNP) Y RWY 6L, Orig-B was promulgated in 1979 and is based Palmdale, CA, Palmdale USAF Plant 42, Dayton, OH, James M Cox Dayton Intl, RNAV on a superseded Executive Order, with RNAV (GPS) RWY 25, Amdt 2 (RNP) Y RWY 24R, Orig-B Palmdale, CA, Palmdale USAF Plant 42, VOR Marion, OH, Marion Muni, RNAV (GPS) updated plain language guidance that is OR TACAN RWY 25, Amdt 8 RWY 13, Orig-A available on the USTR website. Wray, CO, Wray Muni, RNAV (GPS) RWY 35, Marion, OH, Marion Muni, RNAV (GPS) DATES: The final rule is effective April Amdt 2A RWY 25, Orig-A 9, 2018. Yuma, CO, Yuma Muni, RNAV (GPS) RWY Marion, OH, Marion Muni, VOR–A, Amdt 1A 16, Orig Mount Gilead, OH, Morrow County, VOR–A, FOR FURTHER INFORMATION CONTACT: Yuma, CO, Yuma Muni, RNAV (GPS) RWY Amdt 5 Janice Kaye, Monique Ricker or Melissa 34, Orig Franklin, PA, Venango Rgnl, ILS OR LOC Keppel, Office of General Counsel, Yuma, CO, Yuma Muni, Takeoff Minimums RWY 21, Amdt 6B and Obstacle DP, Orig Franklin, PA, Venango Rgnl, RNAV (GPS) United States Trade Representative, Greenfield, IA, Greenfield Muni, RNAV RWY 3, Amdt 1B Anacostia Naval Annex, Building 410/ (GPS) RWY 7, Amdt 1 Franklin, PA, Venango Rgnl, RNAV (GPS) Door 123, 250 Murray Lane SW, Greenfield, IA, Greenfield Muni, RNAV RWY 21, Amdt 1B Washington, DC 20509, jkaye@ (GPS) RWY 25, Amdt 1 Franklin, PA, Venango Rgnl, VOR RWY 3, ustr.eop.gov; [email protected]; Detroit, MI, Coleman A Young Muni, Takeoff Amdt 5B [email protected]; 202–395–3150. Minimums and Obstacle DP, Amdt 7A Greenville, PA, Greenville Muni, RNAV Detroit, MI, Willow Run, Takeoff Minimums (GPS)-B, Orig-A SUPPLEMENTARY INFORMATION: On and Obstacle DP, Amdt 10B Greenville, PA, Greenville Muni, VOR–A, September 26, 1979, USTR’s Missoula, MT, Missoula Intl, ILS Y RWY 12, Amdt 2, CANCELED predecessor, the Office of the Special Orig-C Price, UT, Carbon County Rgnl/Buck Davis Missoula, MT, Missoula Intl, ILS Z RWY 12, Representative for Trade Negotiations, Field, ILS OR LOC RWY 1, Amdt 1A published a rule to establish policies Amdt 12D Price, UT, Carbon County Rgnl/Buck Davis Missoula, MT, Missoula Intl, RNAV (GPS)–D, Field, RNAV (GPS) RWY 1, Amdt 2A and procedures for the security Amdt 1 Price, UT, Carbon County Rgnl/Buck Davis classification, downgrading, Missoula, MT, Missoula Intl, RNAV (GPS) Y Field, VOR RWY 1, Amdt 1A declassification, and safeguarding on RWY 12, Amdt 3 Danville, VA, Danville Rgnl, ILS OR LOC national security information. See 44 FR Missoula, MT, Missoula Intl, RNAV (RNP) RWY 2, Amdt 4C RWY 30, Orig-B 55328–331. The rule, codified at 15 CFR South Hill, VA, Mecklenburg-Brunswick Missoula, MT, Missoula Intl, RNAV (RNP) Z part 2008, is based on a superseded Rgnl, LOC RWY 1, Amdt 1A RWY 12, Orig-D Executive Order, and has never been Olympia, WA, Olympia Rgnl, ILS OR LOC Missoula, MT, Missoula Intl, VOR–A, updated. USTR recently issued RWY 17, Amdt 12C Amdt 13 Olympia, WA, Olympia Rgnl, RNAV (GPS) Classification Guidance based on Missoula, MT, Missoula Intl, VOR–B, RWY 17, Amdt 1 current legal and policy requirements. Amdt 7 The Guidance sets out the policies and Louisburg, NC, Triangle North Executive, ILS Olympia, WA, Olympia Rgnl, RNAV (GPS) OR LOC RWY 5, Amdt 4B RWY 35, Orig-B procedures for classifying, Louisburg, NC, Triangle North Executive, Olympia, WA, Olympia Rgnl, Takeoff downgrading, and declassifying national VOR–A, Amdt 2C Minimums and Obstacle DP, Amdt 6 security information and provides for Raleigh/Durham, NC, Raleigh-Durham Intl, Olympia, WA, Olympia Rgnl, VOR RWY 35, the protection of USTR information and Takeoff Minimums and Obstacle DP, Amdt 13 its availability to authorized users. Olympia, WA, Olympia Rgnl, VOR–A, Amdt 6A USTR will update the guidance as Rocky Mount, NC, Rocky Mount-Wilson Amdt 2 Appleton, WI, Appleton Intl, ILS OR LOC necessary to reflect changes to the Rgnl, ILS OR LOC RWY 4, Amdt 16C governing Executive Order, currently Sanford, NC, Raleigh Exec Jetport at Sanford- RWY 3, Amdt 18 Lee County, ILS Y OR LOC Y RWY 3, Appleton, WI, Appleton Intl, RNAV (GPS) Executive Order 13526 of December 29, Orig-A RWY 30, Amdt 1B 2009, Classified National Security Sanford, NC, Raleigh Exec Jetport at Sanford- [FR Doc. 2018–06993 Filed 4–6–18; 8:45 am] Information, and implementing rules Lee County, ILS Z OR LOC Z RWY 3, BILLING CODE 4910–13–P issued by the Information Security Amdt 2A Oversight Office (ISOO) (32 CFR part Hartington, NE, Hartington Muni/Bud Becker 2001). The Guidance is available on the Fld, RNAV (GPS) RWY 31, Orig-C OFFICE OF THE UNITED STATES USTR website: https://ustr.gov/about- Buffalo, NY, Buffalo Niagara Intl, RNAV us/reading-room/declassification- (GPS) Y RWY 5, Amdt 2D TRADE REPRESENTATIVE Buffalo, NY, Buffalo Niagara Intl, RNAV program. (RNP) Z RWY 23, Orig-A 15 CFR Part 2008 Administrative Procedure and Dayton, OH, James M Cox Dayton Intl, ILS Regulatory Flexibility Acts OR LOC RWY 18, Amdt 10A Removal of the Office of the United Dayton, OH, James M Cox Dayton Intl, ILS States Trade Representative Rules USTR finds good cause to waive prior OR LOC RWY 24L, Amdt 10A Concerning Classification and Dayton, OH, James M Cox Dayton Intl, ILS notice and an opportunity for public Safeguarding of National Security comment, and to make the rule effective OR LOC RWY 24R, Amdt 10A Information Dayton, OH, James M Cox Dayton Intl, RNAV immediately, because it removes an (GPS) RWY 6R, Amdt 1B AGENCY: Office of the United States obsolete regulation that USTR has Dayton, OH, James M Cox Dayton Intl, RNAV Trade Representative. replaced with current guidance. Public (GPS) RWY 18, Amdt 1B ACTION: Final rule. input is not necessary and delaying Dayton, OH, James M Cox Dayton Intl, RNAV codification is not in the public interest. (GPS) RWY 24L, Amdt 1D SUMMARY: This rule removes part 2008 See 5 U.S.C. 553(b)(B) and 553(d)(3). Dayton, OH, James M Cox Dayton Intl, RNAV The Regulatory Flexibility Act (5 U.S.C. (GPS) RWY 36, Amdt 1A of the Office of the United States Trade Dayton, OH, James M Cox Dayton Intl, RNAV Representative’s (USTR) regulations, 601 et seq.) does not apply to this final (GPS) Z RWY 6L, Amdt 1D which established policy and procedure rule since prior notice and an Dayton, OH, James M Cox Dayton Intl, RNAV for the classification and safeguarding of opportunity for public comment are not (GPS) Z RWY 24R, Amdt 2A national security information by USTR required.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15055

Paperwork Reduction Act DEPARTMENT OF LABOR www.msha.gov/regsinfo.htm or http:// www.regulations.gov [Docket Number: The final rule does not contain any Mine Safety and Health Administration information collection requirement that MSHA–2014–0030]. requires the approval of the Office of 30 CFR Parts 56 and 57 FOR FURTHER INFORMATION CONTACT: Management and Budget under the Sheila A. McConnell, Director, Office of Paperwork Reduction Act (44 U.S.C. [Docket No. MSHA–2014–0030] Standards, Regulations, and Variances, 3501 et seq.). RIN 1219–AB87 MSHA, at [email protected] List of Subjects in 15 CFR Part 2008 (email), 202–693–9440 (voice), or 202– Examinations of Working Places in 693–9441 (fax). These are not toll-free Administrative practice and Metal and Nonmetal Mines numbers. procedure, Classified information. AGENCY: Mine Safety and Health SUPPLEMENTARY INFORMATION: PART 2008—[REMOVED AND Administration, Labor. RESERVED] ACTION: Announcement of public I. Stakeholder Meetings stakeholder meetings. ■ For the reasons stated in the preamble, MSHA will hold six public meetings SUMMARY: The Mine Safety and Health and under the authority of 19 U.S.C. to inform and educate the mining Administration (MSHA) is announcing 2171(e)(3), the Office of the United community on the requirements of the the dates and locations of public States Trade Representative removes Metal and Nonmetal Examinations of stakeholder meetings on the Agency’s and reserves part 2008 of chapter XX of Working Places final rule, which is standards for Examinations Of Working title 15 of the Code of Federal effective June 2, 2018. At the meetings, Places in Metal and Nonmetal Mines. Regulations. MSHA will provide training and DATES: The meeting dates and locations compliance assistance materials to Janice Kaye, are listed in the SUPPLEMENTARY attendees. The public meetings will Chief Counsel for Administrative Law, Office INFORMATION section of this document. begin at 9 a.m. and end not later than of the U.S. Trade Representative. ADDRESSES: Federal Register 5 p.m., on the following dates at the [FR Doc. 2018–07220 Filed 4–6–18; 8:45 am] Publications: Access rulemaking locations indicated: BILLING CODE 3290–F8–P documents electronically at http://

Date/time Location Contact No.

May 1, 2018, 9 a.m ...... DoubleTree by Hilton Hotel Bloomington, 10 Brickyard Drive, Bloomington, Illinois 61701 ... 309–664–6446 May 15, 2018, 9 a.m ...... Sheraton Birmingham Hotel, 2101 Richard Arrington Jr. Blvd. N,, Birmingham, Alabama 205–324–5000 35203. May 17, 2018, 9 a.m ...... Hilton Garden Inn, Pittsburgh Downtown, 250 Forbes Avenue, Pittsburgh, Pennsylvania 412–281–5557 15222. May 22, 2018, 9 a.m ...... Renaissance Reno Downtown Hotel, One South Lake Street, Reno, Nevada 89501 ...... 775–682–3900 May 24, 2018, 9 a.m ...... DoubleTree by Hilton Hotel Dallas—Market Center, 2015 Market Center Blvd, Dallas, 214–741–7481 Texas 75207. May 31, 2018, 9 a.m ...... Hilton Garden Inn Denver Tech Center, 7675 East Union Ave., Denver, Colorado 80237 .... 303–770–4200

II. Background DEPARTMENT OF LABOR regulatory burdens without reducing the protections afforded miners. A On January 23, 2017, the Mine Safety Mine Safety and Health Administration document announcing stakeholder and Health Administration published a meetings is published concurrently with final rule (January 2017 rule) amending 30 CFR Parts 56 and 57 this rule in the Federal Register. the standards then in effect on [Docket No. MSHA–2014–0030] DATES: Effective June 2, 2018. examinations of working places in metal FOR FURTHER INFORMATION CONTACT: and nonmetal mines, 30 CFR 56.18002 RIN 1219–AB87 Sheila A. McConnell, Director, Office of and 57.18002 (82 FR 7680). The January Standards, Regulations, and Variances, 2017 final rule, which was scheduled to Examinations of Working Places in Metal and Nonmetal Mines MSHA, at [email protected] become effective on May 23, 2017, was (email), 202–693–9440 (voice), or 202– stayed until June 2, 2018 (82 FR 46411). AGENCY: Mine Safety and Health 693–9441 (fax). These are not toll-free On September 12, 2017, MSHA Administration, Labor. numbers. published a proposed rule that would ACTION: Final rule. SUPPLEMENTARY INFORMATION: make limited changes to the January 2017 final rule (82 FR 42765). The final SUMMARY: On January 23, 2017, the Table of Contents rule, which is published elsewhere in Mine Safety and Health Administration I. Introduction this issue of the Federal Register, is published a final rule (January 2017 A. Regulatory History effective on June 2, 2018. rule) amending provisions regarding B. Executive Orders 12866, 13563, and examinations of working places in metal 13771 Summary David G. Zatezalo, and nonmetal mines which were later II. Regulatory Procedures Assistant Secretary of Labor for Mine Safety stayed. MSHA is further amending the III. Section-by-Section Analysis and Health. affected provisions following expiration IV. Executive Order 12866: Regulatory Planning and Review and Executive [FR Doc. 2018–07083 Filed 4–6–18; 8:45 am] of the stay. These additional Order 13563: Improving Regulation and BILLING CODE 4520–43–P amendments provide mine operators Regulatory Review; and Executive Order additional flexibility in managing their 13771: Reducing Regulation and safety and health programs and reduces Controlling Regulatory Costs

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15056 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

V. Feasibility may adversely affect the safety or health corrective actions that must be included VI. Regulatory Flexibility Analysis and Small of miners and is not corrected promptly. in the working place examinations Business Regulatory Enforcement Lastly, MSHA’s final rule makes a record (82 FR 42757). Specifically, Fairness Act and Executive Order 13272: conforming change and amends MSHA proposed amending the Proper Consideration of Small Entities in Agency Rulemaking §§ 56.18002(c) and 57.18002(c) to introductory text of §§ 56.18002(a) and VII. Paperwork Reduction Act of 1995 require that when a condition that may 57.18002(a) to require that an VIII. Other Regulatory Considerations adversely affect the safety or health of examination of a working place be miners is not corrected promptly, the conducted before work begins, or as Availability of Information examination record shall include, or be miners begin work in that place. The Federal Register Publications: Access supplemented to include, the date of the Agency also proposed amending rulemaking documents electronically at corrective action. §§ 56.18002(b) and (c) and 57.18002(b) http://www.msha.gov/regsinfo.htm or This final rule does not address and (c) to require that the examination http://www.regulations.gov [Docket longstanding concepts, definitions in record include descriptions of adverse Number: MSHA–2014–0030]. Obtain a existing MNM standards, and conditions that are not corrected copy of a rulemaking document from clarifications related to competent promptly, and the dates of corrective the Office of Standards, Regulations, person, working place, promptly, and action. MSHA held four public hearings and Variances, MSHA, by request to adverse conditions, as noted in the from October 24, 2017, to November 2, 202–693–9440 (voice) or 202–693–9441 preamble to the January 2017 rule. 2017, at various locations, to provide (facsimile). (These are not toll-free After consideration of comments the members of the public an numbers.) received on the September 12, 2017 opportunity to present their views on Email Notification: MSHA maintains notice of proposed rulemaking, the the limited proposed changes. These a list that enables subscribers to receive Agency concludes that the final rule hearings were held in Arlington, an email notification when the Agency will reduce the regulatory burden and Virginia; Salt Lake City, Utah; publishes rulemaking documents in the increase flexibility for mine operators Birmingham, Alabama; and Pittsburgh, Federal Register. To subscribe, go to without reducing protections for miners Pennsylvania. The comment period for http://www.msha.gov/subscriptions/ and is consistent with the the proposed limited changes closed on subscribe.aspx. Administration’s initiatives to reduce November 13, 2017. and control regulatory costs. I. Introduction B. Executive Orders 12866, 13563, and Under the Federal Mine Safety and A. Regulatory History 13771 Summary Health Act of 1977 (Mine Act), mine On January 23, 2017, MSHA operators, with the assistance of miners, published a final rule, Examinations of Based on its evaluation of the costs have the primary responsibility to Working Places in Metal and Nonmetal and benefits, MSHA has determined prevent the existence of unsafe and Mines, amending the Agency’s that this final rule will not have an unhealthful conditions and practices. standards for the examinations of annual effect of $100 million or more on Operator compliance with safety and working places in MNM mines, 30 CFR the economy and, therefore, will not be health standards and implementation of 56.18002 and 57.18002 (82 FR 7680). an economically significant regulatory safe work practices provide a substantial The January 2017 rule was scheduled to action pursuant to section 3(f) of measure of protection against hazards become effective on May 23, 2017. On Executive Order (E.O.) 12866. MSHA that cause accidents, injuries, and May 22, 2017, MSHA published a final estimates that the total undiscounted fatalities. Effective working place rule delaying the effective date to costs (using 2016 dollars) of the final examinations are a fundamental October 2, 2017 (82 FR 23139). rule over a 10-year period will be accident prevention tool used by On September 12, 2017, MSHA approximately –$276 million, –$235.4 operators of metal and nonmetal (MNM) proposed to further delay the effective million at a 3 percent rate, and –$193.8 mines. They allow operators to identify date of the final rule from October 2, million at a 7 percent rate. The same and correct adverse conditions that may 2017 to March 2, 2018 (82 FR 42765). annual cost savings occur in each of the affect the safety and health of miners On October 5, 2017, MSHA published a 10 years so the cost annualized over 10 and violations of safety and health final rule that stayed the amendment years will be approximately -$27.6 standards before they cause injury or from the January 2017 rule until June 2, million for all discount rates. This final death to miners. 2018 (82 FR 46411). Also, the October rule is an E.O. 13771 deregulatory MSHA’s final rule makes changes to 5, 2017 final rule reinstated, as 30 CFR action. Negative cost values are cost §§ 56.18002(a) and 57.18002(a), 56.18002T and 57.18002T, the savings that result in a positive net § 56.18002(b) and (c), and § 57.18002(b) provisions of the working place benefit. MSHA estimates that this final and (c) as amended by the Agency’s examination standards that were in rule results in annual cost savings of final rule on examinations of working effect as of October 1, 2017; these $27.6 million. Details on the estimated places that was published on January temporary provisions expire June 2, cost savings of this final rule can be 23, 2017 (January 2017 rule) (82 FR 2018 (82 FR 46411). (Sections found in the rule’s economic analysis. 7680 at 7695). MSHA’s changes to 56.18002T and 57.18002T are II. Regulatory Procedures §§ 56.18002(a) and 57.18002(a) require subsequently referenced in this that a competent person examine each document as the ‘‘standards in effect’’.) On October 5, 2017, MSHA published working place at least once each shift Also, on September 12, 2017, MSHA a final rule staying the amendments before work begins, or as miners begin proposed a limited reopening of the from the January 2017 rule and work in that place, for conditions that rulemaking record for the January 2017 temporarily reinstating the working may adversely affect safety or health. rule and proposed amendments to the place examinations standards that were This final rule also amends January 2017 rule. The proposed in effect as of October 1, 2017, until §§ 56.18002(b) and 57.18002(b) to changes that MSHA published for June 2, 2018 (82 FR 46411). MSHA is require that the working place comment were limited to: (1) When confirming that both the stay and examination record include a working place examinations must begin; temporary provisions expire June 2, description of each condition found that and (2) the adverse conditions and 2018.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15057

III. Section-by-Section Analysis safety and health programs more in the day. This same commenter After further review of the rulemaking efficiently, while reducing burden acknowledged that unsafe conditions record in the September 12, 2017 without compromising miners’ safety can occur throughout the shift and that Federal Register notice of proposed and health. operators are not relieved from their MSHA agrees that the proposed rulemaking, MSHA requested comments ongoing obligation to provide a safe and changes to the January 2017 rule would and information from the mining healthy work environment under the reduce mine operators’ burdens without community only on the limited changes Mine Act simply because a work place compromising the safety and health of in the proposed rule—that is the timing exam was done. Another commenter miners. Under the final rule, like the of the working place examination and stated that the industry’s existing proposal, mine operators will have more practice of conducting these the recording of adverse conditions and flexibility on when to conduct their examinations during the shift corrective action dates in the working place examinations. constitutes a best safety practice. examination record—and how these Furthermore, compared to the January According to the commenter, operators proposed changes may affect the safety 2017 rule, the examination record will know their work processes best, and are and health of miners. MSHA also be less burdensome for operators since in the best position to tailor their solicited comments on cost and benefit only those adverse conditions that are examination practices to occur at a time estimates presented in the preamble to not corrected promptly, and dates of that would provide the maximum safety the proposed rule and on the data and corrective actions for those conditions, benefit to miners. The majority of assumptions the Agency used to must be included in the record. MSHA commenters expressed their support for develop these estimates. This included concludes that the final rule changes retaining the standards in effect which, the Agency’s assumptions on the will reduce the regulatory burden and as previously noted in this preamble, is number of instances adverse conditions provide operators flexibility, without not within the scope of this rulemaking. are promptly corrected, and time saved reducing the safety and health In response to commenters’ concerns, by not requiring these corrected protections afforded miners. MSHA does not believe this final rule conditions to be included in the record. restricts operators’ ability to conduct A. Before Work Begins or as Miners MSHA received many comments their examinations, or restricts their Begin Work related to issues other than those that ability to conduct as many examinations were proposed. For example, This final rule, consistent with the as they need, depending on work place commenters indicated that amendments proposed rule, amends the introductory conditions. The final rule provides to standards in effect are not needed or text of §§ 56.18002(a) and 57.18002(a) operators more flexibility in scheduling are not justified. Many stated the and requires a competent person to examinations than the January 2017 working place examination standards in examine each working place at least rule. Rather than requiring that effect which have been in effect since once each shift before work begins or as examinations occur only before work 1979 are sufficient and effective in miners begin work in that place for begins in a working place, the final rule identifying and correcting conditions conditions that may adversely affect provides the option for a competent that may adversely affect the safety and safety or health. This final rule amends person to perform the examination at health of miners and in reducing the January 2017 provisions to allow the same time that miners begin accidents and injuries in the work place. miners to enter a working place at the working in that place. With this option In some cases, commenters suggested same time that the competent person available, operators will be better able to alternatives that included, for example, conducts the examination. The January manage work schedules to comply with better mine and miner training, and 2017 rule required the examination of examination requirements without work place inspection programs and each working place to be conducted incurring additional costs and burden. plans. before miners begin work in that place. In addition, MSHA recognizes that MSHA has not considered or Many commenters, including some mining operations have dynamic work addressed comments on issues other who stated the proposed change to the environments where conditions are than those proposed because they are timing of the examination is an always changing. For that reason, mine outside the scope of this rulemaking. improvement, stated that the proposed operators and miners need to be aware The Agency’s purpose for the limited rule continues to unnecessarily of conditions that may occur at any time reopening of the rulemaking record for constrain when operators can conduct that could affect the safety and health of the January 2017 rule, and for issuing a their examinations. The reasons miners. The final rule requires that proposed rule, was to reconsider issues commenters gave included that shifts examinations be conducted at least once related to the timing of the examination vary and that circumstances and per shift before work begins or as miners and the recording of adverse conditions conditions often change during the shift. begin work in that place. As a best and corrective actions in the Some commenters expressed concern practice, operators should perform examination record. that operators need flexibility to examinations, consistent with what one Many commenters generally indicated conduct examinations at any time commenter stated, to identify and that the changes in the proposed rule during the shift as circumstances correct adverse conditions as they occur were improvements to the January 2017 dictate, particularly to address changing throughout the shift. Other commenters rule, but several expressed concerns that conditions and hazards that can occur at indicated that their companies’ the proposal did not go far enough in any time throughout the shift. One of practices already include work place reducing mine operators’ regulatory and these commenters stated that requiring examinations that continue during the cost burdens. Some also maintained that work place exams to be performed shift. the proposal would not increase miners’ before miners begin working implicitly Furthermore, as stated in the protections at MNM mines, but would means that exams would take place preamble to the January 2017 rule, increase mine operators’ administrative before conditions start to change. One MSHA acknowledges that for mines and paperwork burdens. commenter commented that, generally, with consecutive shifts or those that One commenter stated that the it is a good practice to conduct the exam operate on a 24-hour, 365-day basis, it proposed changes offer additional before anybody enters the work area, may be appropriate to conduct the flexibility for operators to manage their whether at the start of the shift or later examination for the next shift at the end

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15058 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

of the previous shift (82 FR 7683). In those hazards beforehand, correcting examinations of their own working these cases, MSHA will continue to them, and informing the miners of such areas, and thus appropriate to allow permit mine operators to conduct an hazards before they begin their work. examinations as they begin work. examination on the previous shift. This commenter stated that Another commenter stated that the However, as MSHA stated in the examinations are particularly effective change would maintain safe working January 2017 rule, because conditions at in the discovery and correction of conditions and provide sufficient mines can change, operators should hazardous conditions and practices flexibility for operators to conduct an examine at a time sufficiently close to before they lead to injuries or fatalities, examination while not interrupting the the start of the next shift to minimize that is, if they are conducted before transition of shifts. This commenter miners’ potential exposure to conditions miners are exposed. The commenter pointed out that if only a pre-shift exam that may adversely affect their safety or further stated the standard should not were required, as in the January 2017 health. be changed to allow examinations after rule, the start of the shift would be One commenter noted that the change miners are already exposed. Another delayed to provide time for completion in the proposed rule to allow workers to commenter did not support the changes, of the exam and communication of enter an area at the same time as the describing them as cutbacks in safety adverse conditions, or require personnel competent person does not consider the regulations, stating that lives will be lost to arrive before the shift, resulting in geographic differences between surface and that the money saved is overtime pay and/or delay of work. and underground mines and how insignificant. The final rule allows mine operators surface mine supervision differs While this final rule allows miners to to perform examinations at the same between the two. The commenter enter a working place at the same time time miners begin work. This provides explained that in many cases, due to the a competent person examines for operators with additional flexibility in geographic locations of crews starting at adverse conditions, as stated in the scheduling working place examinations. a surface mine, a competent person preamble to the January 2017 rule, B. Record of Adverse Conditions would not be able to examine all areas MSHA intends for adverse conditions to of the mine where several crews of be identified and miner notification Sections 56.18002(b) and 57.18002(b), miners would be starting work at the provided before miners are potentially like the proposal, require mine same time. exposed to the conditions. Under this operators to make a record of the As indicated in the preamble to the final rule, a competent person will working place examination and to January 2017 rule, it is not MSHA’s identify adverse conditions that can be include, among other information, a intent that the mine operator examine corrected promptly and the operator description of each condition found that the entire mine, unless work is will be responsible for correcting them. may adversely affect the safety or health beginning in the entire mine. An Miners will be promptly notified of of miners that is not corrected promptly. examination is only required in those adverse conditions found that cannot be The January 2017 rule required that areas where work will be performed. If corrected promptly, and operators will each adverse condition be listed in the miners are not scheduled for work in a be required to include them in the examination record. This final rule particular area or place at the mine, that examination record. This final rule, like reduces the mine operator’s place does not need to be examined. the January 2017 rule, will promote recordkeeping burden by requiring that MSHA also recognizes that there are early identification and improve the examination record include only a mines where several crews start work at communication of adverse conditions. description of each adverse condition the same time in different areas of the MSHA believes that prudent operators that is not corrected promptly. A similar mine. The competent person will correct many adverse conditions as conforming change to §§ 56.18002(c) designation is not restricted to competent persons perform and 57.18002(c) requires that the supervisors and foremen. If designated examinations, or as soon as possible examination record include the dates of by the operator as having the required after the completion of examinations. corrective actions for only those adverse experience and ability, a non- For these reasons, MSHA concludes that conditions that are not corrected supervisory miner on the crew starting the requirements in this final rule are as promptly. In response to comments, the work also may be ‘‘competent’’ to protective as those in the January 2017 Agency concludes that providing a mine conduct the examination. MSHA rule. Under this final rule, adverse operator an exception to the believes that existing requirements for conditions will be identified and miners recordkeeping requirement for competent persons provide flexibility will be notified of those adverse conditions that are corrected promptly for operators while requiring the level of conditions that are not promptly provides increased incentive to correct competency necessary to conduct corrected, before they are potentially conditions promptly, without reducing adequate examinations. exposed. protections for miners’ safety and Some commenters did not support the Also, this final rule, like the January health. The Agency also believes that proposed changes stating that allowing 2017 rule, does not require a specific this action will likely result in examinations as miners begin work in a time frame for the examination to be operators’ correcting adverse conditions potentially hazardous area would be conducted. However, whether more quickly, and thereby improving less protective than the January 2017 conducted before work begins in a protections for miners. amendments; one commenter stated the working place or as work begins in that Consistent with the explanation in the proposed revision is contrary to Section place, the examination should be preamble to the January 2017 rule 101(a)(9) of the Mine Act. The conducted within a time frame regarding miner notification commenters supported implementing sufficient to assure any adverse requirements in §§ 56.18002(a)(1) and the January 2017 requirement that the conditions would be identified before 57.18002(a)(1), MSHA interprets examination must occur before miners miners are potentially exposed. promptly to mean before miners are begin work in a working place. One Some commenters supported the potentially exposed to adverse commenter further questioned how option to allow examinations to be conditions. In the preamble, MSHA sending miners into their work place performed as miners begin work in a stated that if adverse conditions in the before an examination has been working place. One commenter noted work area are corrected before miners conducted can be safer than identifying that it is best to train miners to perform are potentially exposed, notification is

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15059

not necessary because no miners are Most commenters, however, were alternatives and, if regulation is exposed to the adverse conditions. generally receptive to the proposed necessary, to select regulatory Similarly, an adverse condition that is changes to the examination record approaches that maximize net benefits corrected promptly no longer presents a requirements. They expressed that the (including potential economic, danger to miners, and a description of changes were an improvement over the environmental, public health and safety the adverse condition would not be January 2017 rule and provided more effects, distributive impacts, and required as part of the examination flexibility for operators. Some noted that equity). E.O. 13563 emphasizes the record. Similarly, if an adverse many adverse conditions are found and importance of quantifying both costs condition is not promptly corrected, the corrected during the examination. and benefits, of reducing costs, of mine operator must notify miners and Others pointed out that requiring all harmonizing rules, and of promoting record it in the examination record. adverse conditions be recorded in the flexibility. E.O. 13771 directs agencies In addition, the purpose of the examination record would overwhelm to reduce regulation and control working place examinations rulemaking the record with minor housekeeping regulatory costs by eliminating at least is to ensure that adverse conditions will issues, and the proposed change would two existing regulations for each new be timely identified, communicated to reduce the regulatory burden on the regulation, and that the cost of planned miners, and corrected, thereby operator. Another commenter stated that regulations be prudently managed and improving miners’ safety and health. removing the requirement to record all controlled through a budgeting process. This final rule reduces the mine adverse conditions will provide an This final rule is an E.O. 13771 operator’s recordkeeping burden but incentive for operators to take corrective deregulatory action. MSHA believes that does not reduce the protections afforded actions immediately. this rule reflects industry best practices miners under the January 2017 rule. MSHA agrees with these commenters and the estimated cost savings will Consistent with industry best practices, and concludes that requiring mine likely be realized. As discussed in this and with comments, MSHA recognizes operators to record only those adverse section, MSHA estimates that this final that prudent mine operators routinely conditions that are not corrected rule results in annual cost savings of correct many adverse conditions during promptly is as protective as the January $27.6 million.1 the examination, or as soon as possible 2017 rule. When a mine operator is not Under E.O. 12866, MSHA must after the completion of the working required to record an adverse condition determine whether a regulatory action is place examination, and that the which is corrected promptly in the ‘‘significant’’ and subject to review by corrective action may be taken by the examination record, the mine operator OMB. Section 3(f) of E.O. 12866 defines competent person or someone else. For is incentivized to correct these a ‘‘significant regulatory action’’ as an these reasons, the final rule requires the conditions. action that is likely to result in a rule: mine operator to record only those Many commenters suggested that (1) Having an annual effect on the conditions that are not promptly MSHA revise the examination record economy of $100 million or more, or corrected and that may expose miners to requirement to include only those adversely and materially affecting a adverse conditions affecting their safety adverse conditions not corrected during sector of the economy, productivity, and health. the shift, instead of the proposed competition, jobs, the environment, In the preamble to the January 2017 requirement to include those not public health or safety, or state, local, or rule, MSHA explained that recording all corrected promptly. They articulated tribal governments or communities (also adverse conditions, even those that are that the reason for the record is to referred to as ‘‘economically corrected promptly, would be useful in document adverse conditions that were significant’’); (2) creating serious identifying trends and areas that could not corrected timely and still need to be inconsistency or otherwise interfering benefit from an increased safety corrected. Some indicated that their with an action taken or planned by emphasis. While this may be true, recommended exception is consistent another agency; (3) materially altering MSHA also believes that a recording with the requirement that the mine the budgetary impacts of entitlements, exception for adverse conditions that operator make the record before the end grants, user fees, or loan programs or the are corrected promptly will yield as of the shift. rights and obligations of recipients much or more in safety benefits, because Recording adverse conditions that are thereof; or (4) raising novel legal or it encourages prompt correction of not corrected promptly, rather than policy issues arising out of legal adverse conditions. those corrected anytime during the shift mandates, the President’s priorities, or Some commenters opposed the as suggested by commenters, provides the principles set forth in this Executive proposed changes to the examination increased incentive for the mine Order. record provisions and expressed their operator to correct the adverse Based on its evaluation of the costs support for implementing requirements conditions sooner and reduces the risk and benefits, MSHA has determined of the January 2017 rule. These of accidents, injuries, or illnesses. that this final rule will not have an commenters suggested that all adverse MSHA’s change to the examination annual effect of $100 million or more on conditions identified during a working record requirements will reduce the the economy and, therefore, will not be place examination must be recorded to operators’ regulatory burden, while an economically significant regulatory encourage mine operators to explore the continuing to provide equivalent action pursuant to section 3(f) of E.O. possible causes of those conditions and protection to miners’ safety and health. 12866. to take appropriate corrective actions. Consistent with the purpose of the IV. Executive Order 12866: Regulatory A. Affected Employees and Revenue January 2017 rule, amending Planning and Review; Executive Order Estimates §§ 56.18002(b) and 57.18002(b) reduces 13563: Improving Regulation and Regulatory Review; and Executive The final rule applies to all MNM the mine operator’s burden in recording mines in the United States. In 2016, each adverse condition and encourages Order 13771: Reducing Regulation and Controlling Regulatory Costs there were approximately 11,624 MNM prompt correction by requiring that the mines employing 140,631 miners, record include only those conditions Executive Orders (E.O.) 13563 and that are not corrected promptly and may 12866 direct agencies to assess all costs 1 Except where noted, the analysis presents all affect the safety and health of miners. and benefits of available regulatory dollar values using 2016 dollars.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15060 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

excluding office workers, and 69,004 Table 1 presents the number of MNM contractors working at MNM mines. mines and employment by mine size.

TABLE 1—MNM MINES AND EMPLOYMENT IN 2016

Total employment Mine size Number of mines at mines, excluding office workers

1–19 Employees ...... 10,428 52,703 20–500 Employees ...... 1,174 71,257 501+ Employees ...... 22 16,671 Contractors ...... 69,004

Total ...... 11,624 209,635 Source: MSHA MSIS Data (reported on MSHA Form 7000–2) June 6, 2017.

The U.S. Department of the Interior mining industry’s MNM output in 2016 hours worked and revenue produced at (DOI) estimated the value of the U.S. to be $74.6 billion.2 Table 2 presents the MNM mines by mine size.

TABLE 2—MNM TOTAL HOURS AND REVENUES IN 2016

Revenue Mine size Total hours (in millions reported for year of dollars)

1–19 Employees ...... 89,901,269 $22,289 20–500 Employees ...... 153,459,578 40,920 501+ Employees ...... 35,396,747 11,390

Total ...... 278,757,594 74,600 Source: MSHA MSIS Data (total hours worked at MNM mines reported on MSHA Form 7000–2) and estimated DOI reported mining revenues for 2016. MSHA distributed the totals to mine size using employment and hours data.

B. Baseline MSHA’s analysis assumes an average × $52.92 wage × 1.8 shifts per day × 1 × MSHA estimated that the January rate for all MNM mines. Like the exam 285 workdays per year; and • 2017 rule would have resulted in $34.5 January 2017 rule, wage rates for this $1.75 million = 22 mines with 501+ × × × million in annual costs for the MNM final rule are from the U.S. Department employees 85 percent 2.5 hours × × industry. The Agency estimated that the of Labor’s Bureau of Labor Statistics $52.92 wage 2.2 shifts per day 1 × total undiscounted cost over 10 years (BLS), Occupation Employment exam 322 workdays per year. would have been $345.1 million; at a 3 Statistics (OES). For this final rule, In the January 2017 rule, MSHA percent discount rate, $294.4 million; MSHA applied 2016 wage and estimated the cost of making a record of and at a 7 percent discount rate, $242.4 employment data to the January 2017 each examination before the end of the million. rule cost estimate to calculate a shift for which the examination was For the January 2017 rule, MSHA baseline. In the January 2017 rule, conducted. MSHA retained the estimated costs associated with MSHA estimated that a mine operator calculations and assumptions used for conducting an examination before would pay overtime for a competent this cost estimate (82 FR 7691). The miners begin work, the additional time person to arrive before the shift begins revised annual cost base, which was to make a record, and providing miners’ to conduct the working place updated for wage inflation and final representatives a copy of the record. In examination. MSHA also estimated the 2016 data on the number of mines in the preamble to the January 2017 rule, cost for overtime as time and a half operation, is $7.516 million, an × MSHA concluded that MNM mine (52.92/hr = $35.28 1.5). MSHA approximate $216,000 increase. The operators will use a variety of retained the calculations and updated annual cost consists of: scheduling methods to conduct an assumptions used in the January 2017 • $5.70 million = 10,428 mines with examination of a working place before rule to conduct the examination before 1–19 employees × 1.1 shift per day × 1 miners begin work (82 FR 7690). In miners begin work. The revised annual exam record × 169 workdays per year × addition, MSHA considered the cost base is $27.6 million, or an 5 additional minutes × 1 hr/60 min × following variables: (1) Percent of mine approximate $0.7 million increase. The $35.28 per hour; operators currently conducting updated annual cost consists of: • $1.77 million = 1,174 mines with workplace examinations before miners • $5.13 million = 10,428 mines with 20–500 employees × 1.8 shifts per day begin work; (2) number of shifts by mine 1–19 employees × 15 percent × 20 × 1 exam record × 285 workdays per size; (3) average time to conduct a minutes × 1 hr/60 min × $52.92 wage × year × 5 additional minutes × 1 hr/60 workplace examination by mine size; (4) 1.1 shifts per day × 1 exam × 169 min × $35.28 per hour; and hourly wage rate; and (5) number of workdays per year; • $45,816 = 22 mines with 501+ days a mine operates, on average, by • $20.72 million = 1,174 mines with employees × 2.2 shifts per day × 1 exam mine size. The hourly wage rate used in 20–500 employees × 65 percent × 1 hour record × 322 workdays per year × 5

2 Revenue estimates are from U.S. Geological 2017: U.S. Geological Survey, 202 pages, https:// Survey, 2017, Mineral Commodity Summaries doi.org/10.3133/70180197, p. 9.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15061

additional minutes × 1 hr/60 min × conditions that are not corrected require a competent person designated $35.28 per hour. promptly. by a mine operator to examine each MSHA also retained the calculations MSHA does not believe the changes to working place at least once per shift. and assumptions used to estimate the the January 2017 rule reduce the Therefore, requiring a competent person costs of making a copy of the protections afforded miners. As MSHA to perform the examination is not a new examination record and providing it to stated in the preamble to the January cost. miners’ representatives. The annual 2017 rule, the Agency was unable to Some commenters suggested that costs, which were also updated for wage separate quantifiable benefits from the mine operators would incur other costs inflation and the number of mines in January 2017 rule from those benefits related to the January 2017 rule due to operations, consist of: attributable to conducting a workplace differences in physical mine sizes, or • $137,121 = 10,428 mines with 1–19 examination under the standards in differences between underground and × × employees 10 percent 1.1 shifts effect. MSHA continues to anticipate, surface mining operations, and these × × per day 169 workdays per year however, that there will be benefits from amendments did not eliminate all of the × ((1 minute $24.44 per hour) + more effective and consistent working timing costs attributable to the 2017 $0.30 copy costs); place examinations that help to ensure rule. However, these commenters did • $213,000 = 1,174 mines with 20–500 that adverse conditions will be timely × × not provide MSHA sufficient data or employees 50 percent 1.8 shifts identified, communicated to miners, information for the Agency to quantify per day × 285 workdays per year × and corrected. MSHA anticipates that × the costs associated with the differences ((1 minute $24.44 per hour) + the record requirements will improve in mine size or mining operations. $0.30 copy costs); and accident prevention by helping mine Further, MSHA’s estimates represent • $11,024 = 22 mines with 501+ operators identify any patterns or trends averages; individual mines have costs employees × 100 percent × 2.2 shifts of adverse conditions and preventing above and below the average. per day × 322 workdays per year × these conditions from recurring. Since ((1 minute × $24.44 per hour) + MSHA was unable to quantify benefits The January 2017 rule also specified $0.30 copy costs). for this rulemaking, MSHA is not the contents of the examination record, The revised annual cost base is $.361 claiming a monetized benefit for this which included a requirement that the million, an approximate $15,000 final rule. record include a description of all increase. adverse conditions found. Under this E. Compliance Costs final rule, MSHA reduces the mine C. Net Benefits The costs of this final rule are operators’ burden by modifying the Net benefits are the result of associated with conducting required contents of the examination subtracting costs from benefits. As examinations of a working place as record. The final rule requires that the detailed in the Benefits and Compliance miners begin work in that place. For the examination record include a Cost sections below, no monetized January 2017 rule estimate, MSHA description of each adverse condition benefits minus the cost savings of assumed that operators could have that is not corrected promptly, and no ¥$27.6 million results in a net benefit incurred overtime costs, hiring costs, or longer requires a record of adverse of $27.6 million annually undiscounted experience rescheduling costs to comply conditions that are corrected promptly. as well as the same value at discount with the requirement that an MSHA solicited information and data rates of 7 and 3 percent. examination occur before miners began on the number of instances adverse work. Under this rulemaking, MSHA conditions are promptly corrected and, D. Benefits estimated that mine operators would not on average, how much time would be As previously stated, this final rule incur these costs. MSHA solicited saved by not requiring corrected modifies §§ 56.18002(a) and 57.18002(a) comments, but did not receive specific conditions to be included in the record. that required the examination be data or information on the Agency’s MSHA did not receive data or conducted before miners begin work in assumptions or costs saving estimate. information in response to this request; that place to also allow an examination MSHA did not change the therefore, the Agency has estimated no to be as miners begin work in that place. longstanding definition related to change in costs related to the change to In addition the final rule modifies ‘‘competent person.’’ Many commenters the recordkeeping requirements. The §§ 56.18002(b) and 57.18002(b) to recognized that MSHA did not propose following table reports the published require a description of each adverse changing this definition and, that in January 2017 rule costs, updates to the condition found that is not corrected many mines, miners are trained and baseline, and the final rule’s cost promptly. MSHA’s final rule also perform as competent persons. savings (cost reductions have a negative modifies §§ 56.18002(c) and 57.18002(c) However, other commenters considered sign and are a cost savings). As the table to require that the examination record the requirement that a competent person reports, only the timing of the include, or be supplemented to include, perform the examination to be a new examination has a cost impact for this the date of the corrective action for cost. In addition, the standards in effect rulemaking.

TABLE 3—UNDISCOUNTED COSTS, CHANGES, AND REGULATORY SAVINGS [Annual values, millions, 2016 dollars except as noted]

Total Record Examination (may not keeping timing sum due to rounding)

Costs as published in Jan. 2017 rule (published using 2015 dollars) ...... 7.64 26.88 34.51 Changes due to updated 2016 baseline data ...... 0.24 0.72 0.95 Total revised baseline for Jan. 2017 rule ...... 7.88 27.60 35.47

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15062 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

TABLE 3—UNDISCOUNTED COSTS, CHANGES, AND REGULATORY SAVINGS—Continued [Annual values, millions, 2016 dollars except as noted]

Total Record Examination (may not keeping timing sum due to rounding)

Regulatory savings of final rule (change from updated baseline, negative values = cost sav- ings) ...... 0.00 ¥27.60 ¥27.60

Overhead Costs general guidance that applies in this ¥$276 million, ¥$235.4 million at a 3 ¥ MSHA did not include an overhead situation: percent rate, and $193.8 million at a labor cost in the economic analysis for For E.O. 13771 deregulatory actions that 7 percent rate. Negative cost values are this final rule. It is also important to revise or repeal recently issued rules, cost savings. The same annual cost note that there is not one broadly agencies generally should not estimate cost savings occurs in each of the 10 years accepted overhead rate, and the use of savings that exceed the costs previously so the cost annualized over 10 years will projected for the relevant requirements, be approximately ¥$27.6 million. overhead rate to estimate the marginal unless credible new evidence show that costs costs of labor raises a number of issues were previously underestimated. V. Feasibility that should be addressed before applying overhead costs to analyze costs The cost estimate for the January 2017 A. Technological Feasibility of any regulation. There are several rule did not include overhead. If, for The final rule contains examination approaches to look at the cost elements this rule, MSHA had included an timing and recordkeeping requirements that fit the definition of overhead and overhead rate when estimating the and is not technology-forcing. MSHA there are a range of overhead estimates marginal cost of labor and adopted for concludes that the final rule will be currently used within the federal these purposes an overhead rate of 17 technologically feasible. government—for example, the percent on base wages, the overhead B. Economic Feasibility Environmental Protection Agency has costs would increase cost savings from used 17 percent,3 and the Employee $27.6 million to $32.3 million at all MSHA established the economic Benefits Security Administration has discount rates, 17 percent more than feasibility of the January 2017 rule using used 132 percent on average.4 Some costs previously projected. This increase its traditional revenue screening test— overhead costs, such as advertising and in savings of $4.7 million is the same as whether the yearly impacts of a marketing, may be more closely the 17 percent overhead rate because all regulation are less than one percent of correlated with output rather than with rule costs are labor costs and therefore revenues—to establish presumptively labor. Other overhead costs vary with total costs change in direct proportion to that the January 2017 rule was the number of new employees. For the overhead rates selected. MSHA will economically feasible for the mining example, rent or payroll processing continue to study overhead costs to community. This final rule creates a costs may change little with the ensure regulatory costs are cost savings of ¥$27.6 million annually addition of 1 employee in a 500- appropriately attributed without double compared to the January 2017 rule. employee firm, but those costs may counting or showing savings for Although the associated revenues change substantially with the addition concepts not previously considered as decreased slightly from the January of 100 employees. If an employer is able costs. 2017 rule estimate of $77.6 billion in to rearrange current employees’ duties Discounting 2015 to approximately $74.6 billion for 2016, the costs retained from the to implement a rule, then the marginal Discounting is a technique used to share of overhead costs such as rent, January 2017 rule of approximately $7.9 apply the economic concept that the million per year remain well less than insurance, and major office equipment preference for the value of money (e.g., computers, printers, copiers) one percent of revenues and the net decreases over time. In this analysis, decrease in costs (¥$27.6 million would be very difficult to measure with MSHA provides cost totals at zero, 3, annually) is even more supportive of the accuracy (e.g., computer use costs and 7 percent discount rates. The zero associated with 2 hours for rule Agency’s conclusion. MSHA concludes percent discount rate is referred to as familiarization by an existing that the final rule will be economically the undiscounted rate. MSHA used the employee). Guidance on implementing feasible for the MNM mining industry. Excel® Net Present Value (NPV) Executive Order 137715 also provides function to determine the present value VI. Regulatory Flexibility Analysis and of costs and computed an annualized Small Business Regulatory Enforcement 3 U.S. Environmental Protection Agency, ‘‘Wage Rates for Economic Analyses of the Toxics Release cost from the present value using the Fairness Act and Executive Order Inventory Program,’’ June 10, 2002. Excel PMT function.6 The negative 13272: Proper Consideration of Small 4 For a further example of overhead cost value of the PMT function provides the Entities in Agency Rulemaking estimates, please see the Employee Benefits annualized cost over 10 years at 3 and Security Administration’s guidance at https:// In the proposed rule, Examinations of www.dol.gov/sites/default/files/ebsa/laws-and- 7 percent discount rates using the Working Places in Metal and Nonmetal regulations/rules-and-regulations/technical- function’s end of period option. Mines, MSHA requested comments on appendices/labor-cost-inputs-used-in-ebsa-opr-ria- MSHA estimates that the total its proposed certification. MSHA has and-pra-burden-calculations-august-2016.pdf. undiscounted costs of the final rule over 5 Memorandum: Implementing Executive Order reviewed comments pursuant to the 13771, Titled ‘‘Reducing Regulation and Controlling a 10-year period will be approximately Regulatory Flexibility Act (RFA) of Regulatory Costs, M–17–21’’, April 5, 2017, 1980, as amended by the Small Business 6 Question 21, https://www.whitehouse.gov/the- Office of Management and Budget, Office of Regulatory Enforcement Fairness Act press-office/2017/04/05/memorandum- Information and Regulatory Affairs, Regulatory implementing-executive-order-13771-titled- Impact Analysis: Frequently Asked Questions, (SBREFA). For the RFA considerations reducing-regulation. February 7, 2011. and certification, MSHA has included

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15063

the impact of the final rule on small compliance cost estimates and not a substantial number of small entities. entities only as defined by the Small intended to determine the impact of the Additionally, there is the possibility Business Administration. Based on that final rule on small entities, as required. that a rule might have a positive analysis, MSHA certifies that this final On February 26, 2016, SBA’s revised economic impact. To properly apply rule will not have a significant size standards became effective. SBA MSHA’s traditional criteria and economic impact on a substantial updated the small business thresholds consider the positive impact case, number of small entities. The Agency, for mining by establishing a number of MSHA adjusted its traditional threshold therefore, is not required to develop a different levels. MSHA used the SBA analysis criteria to consider the absolute final regulatory flexibility analysis. standards, definitions, and the 2017 value of one percent rather than only MSHA presents the factual basis for this NAICS updates for the screening the adverse case. This slight change certification below. analysis of the final rule. To align means when the absolute value of the MSHA’s data with the SBA definitions, estimated compliance costs exceeds one A. Definition of a Small Mine the Agency used the largest value of percent of revenues, MSHA investigates total mine employment identified by Under the RFA, in analyzing the whether further analysis is required. For total employment reported to MSHA by small entities impacted by this final impact of a rule on small entities, the mine operators, total controller MSHA must use the Small Business rule, MSHA used the average per mine employment, or total employment cost savings and average revenues per Administration’s (SBA’s) definition for a identified from MSHA’s research. small entity, or after consultation with mine (See Table 2) to estimate the the SBA Office of Advocacy, establish B. Factual Basis for Certification revenue at $40.4 billion and costs an alternative definition for the mining MSHA initially evaluates the impacts savings at $17.2 million (subtracting industry by publishing that definition in on small entities by comparing the negative costs results in a positive). the Federal Register for notice and estimated compliance costs of a rule for As a percentage, the absolute value of comment. Although the description of small entities in the sector affected by the impact is approximately 0.04 the base costs in the Baseline section the rule to the estimated revenues for percent ($17.2 million/$40.4 billion); includes various mine sizes, MSHA has the affected sector. When this threshold therefore, using the threshold analysis, not established an alternative definition analysis shows estimated compliance MSHA concludes no further analysis is and, therefore, must use SBA’s costs have been less than one percent of required and concludes the final rule definition. MSHA’s traditional the estimated revenues, the Agency has will not have a significant impact on a definition of a small mine (1–19 concluded that it is generally substantial number of small entities. employees) is used to assist the mining appropriate to conclude that there is no Table 4 shows the estimate of impact by community understand MSHA’s significant adverse economic impact on NAICS code. TABLE 4—SMALL ENTITY IMPACT BY NAICS CODE

Cost savings for small Cost Small standard Number small Revenue One percent mines exceeds 1 NAICS NAICS description (maximum mines small mines of revenues ($ millions, percent employees) ($ millions) ($ millions) savings are (absolute positive) value)

211111 ...... Crude Petroleum and Natural Gas Ex- 1,250 6 16 0 0.0 No. traction. 212210 ...... Iron Ore Mining ...... 750 24 1,671 17 0.3 No. 212221 ...... Gold Ore Mining ...... 1,500 116 2,125 21 0.4 No. 212222 ...... Silver Ore Mining ...... 250 8 155 2 0.0 No. 212230 ...... Copper, Nickel, Lead, and Zinc Mining 750 40 2,423 24 0.5 No. 212291 ...... Uranium-Radium-Vanadium Ore Min- 250 3 85 1 0.1 No. ing. 212299 ...... All Other Metal Ore Mining ...... 750 11 205 2 0.1 No. 212311 ...... Dimension Stone Mining and Quar- 500 762 2,993 30 1.8 No. rying. 212312 ...... Crushed and Broken Limestone Min- 750 1,320 7,102 71 3.3 No. ing and Quarrying. 212313 ...... Crushed and Broken Granite Mining 750 146 1,310 13 0.7 No. and Quarrying. 212319 ...... Other Crushed and Broken Stone 500 1,048 4,030 40 2.2 No. Mining and Quarrying. 212321 ...... Construction Sand and Gravel Mining 500 5,278 9,550 95 4.4 No. 212322 ...... Industrial Sand Mining ...... 500 232 1,182 12 0.7 No. 212324 ...... Kaolin and Ball Clay Mining ...... 750 9 226 2 0.1 No. 212325 ...... Clay and Ceramic and Refractory 500 211 1,380 14 0.9 No. Minerals Mining. 212391 ...... Potash, Soda, and Borate Mineral 750 8 936 9 0.1 No. Mining. 212392 ...... Phosphate Rock Mining ...... 1,000 8 556 6 0.1 No. 212393 ...... Other Chemical and Fertilizer Mineral 500 46 603 6 0.3 No. Mining. 327310 ...... Cement Manufacturing ...... 1,000 39 2,114 21 0.7 No. 327410 ...... Lime Manufacturing ...... 750 32 985 10 0.5 No. 331313 ...... Alumina Refining and Primary Alu- 1,000 5 728 7 0.1 No. minum Production.

Grand Total (totals n/a ...... n/a 9,352 40,374 404 17.2 No. do not sum due to rounding).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15064 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

VII. Paperwork Reduction Act of 1995 C. Executive Order 12630: Government January 2017 rule, MSHA reviewed the Actions and Interference With rule for its energy effects. The impact on The final changes due to this Constitutionally Protected Property uranium mines is applicable in this rulemaking are unlikely to change the Rights case. MSHA data show only two active number of collections or respondents in Section 5 of E.O. 12630 requires uranium mines in 2016. Because this the currently approved collection 1219– Federal agencies to ‘‘identify the takings final rule will have a net cost savings, 0089. The recordkeeping change from implications of proposed regulatory MSHA has concluded that it will not be the January 2017 rule may reduce the actions . . .’’ MSHA has determined a significant energy action because it is burden slightly, but MSHA concludes that this final rule does not include a not likely to have a significant adverse that any small decrease in the time regulatory or policy action with takings effect on the supply, distribution, or use needed to make the record may not be implications. Accordingly, E.O. 12630 of energy. Accordingly, under this measurable. MSHA requested comments requires no further Agency action or analysis, no further Agency action or on this issue in the September 2017 analysis. analysis is required. proposed rule preamble (82 FR 42761). D. Executive Order 12988: Civil Justice List of Subjects in 30 CFR Parts 56 and MSHA received a comment accepting Reform 57 the conclusion and other comments Metals, Mine safety and health, stating the requirement to record all Section 3 of E.O. 12988 contains Reporting and recordkeeping adverse conditions was overly requirements for Federal agencies requirements. burdensome. MSHA revised the promulgating new regulations or regulatory requirement to reduce the reviewing existing regulations to David G. Zatezalo, minimize litigation by eliminating burden but did not receive any Assistant Secretary of Labor for Mine Safety drafting errors and ambiguity, providing comments with information that would and Health. a clear legal standard for affected help MSHA decrease the burden conduct rather than a general standard, For the reasons set out in the estimate. MSHA concludes that the promoting simplification, and reducing preamble, and under the authority of the previously approved collection 1219– burden. MSHA has reviewed this final Federal Mine Safety and Health Act of 0089 remains representative and is not rule and has determined that it will 1977, as amended by the Mine requesting any change to the burden meet the applicable standards provided Improvement and New Emergency estimate in the approved collection. in E.O. 12988 to minimize litigation and Response Act of 2006, MSHA is amending parts 56 and 57 of title 30 of VIII. Other Regulatory Considerations undue burden on the Federal court system. the Code of Federal Regulations as A. The Unfunded Mandates Reform Act follows: E. Executive Order 13132: Federalism of 1995 MSHA has determined that this final PART 56—SAFETY AND HEALTH MSHA has reviewed the final rule rule does not have federalism STANDARDS—SURFACE METAL AND under the Unfunded Mandates Reform implications because it will not have NONMETAL MINES substantial direct effects on the States, Act of 1995 (2 U.S.C. 1501 et seq.). ■ 1. The authority citation for part 56 on the relationship between the national MSHA has determined that this rule continues to read as follows: does not include any federal mandate government and the States, or on the that may result in increased distribution of power and Authority: 30 U.S.C. 811. expenditures by State, local, or tribal responsibilities among the various ■ 2. Revise § 56.18002 to read as governments; nor will it increase private levels of government. Accordingly, E.O. follows: sector expenditures by more than $100 13132 requires no further Agency action or analysis. § 56.18002 Examination of working places. million (adjusted for inflation) in any (a) A competent person designated by one year or significantly or uniquely F. Executive Order 13175: Consultation the operator shall examine each working affect small governments. Accordingly, and Coordination With Indian Tribal place at least once each shift before the Unfunded Mandates Reform Act Governments work begins or as miners begin work in requires no further Agency action or MSHA has determined that this final that place, for conditions that may analysis. rule does not have tribal implications adversely affect safety or health. B. The Treasury and General because it will not have substantial (1) The operator shall promptly notify miners in any affected areas of any Government Appropriations Act of direct effects on one or more Indian tribes, on the relationship between the conditions found that may adversely 1999: Assessment of Federal Federal Government and Indian tribes, affect safety or health and promptly Regulations and Policies on Families or on the distribution of power and initiate appropriate action to correct Section 654 of the Treasury and responsibilities between the Federal such conditions. General Government Appropriations Government and Indian tribes. (2) Conditions noted by the person Act of 1999 (5 U.S.C. 601 note) requires Accordingly, E.O. 13175 requires no conducting the examination that may present an imminent danger shall be agencies to assess the impact of Agency further Agency action or analysis. brought to the immediate attention of action on family well-being. MSHA has G. Executive Order 13211: Actions the operator who shall withdraw all determined that this final rule will have Concerning Regulations That persons from the area affected (except no effect on family stability or safety, Significantly Affect Energy Supply, persons referred to in section 104(c) of marital commitment, parental rights and Distribution, or Use the Federal Mine Safety and Health Act authority, or income or poverty of E.O. 13211 requires agencies to of 1977) until the danger is abated. families and children. Accordingly, publish a statement of energy effects (b) A record of each examination shall MSHA certifies that this final rule will when a rule has a significant energy be made before the end of the shift for not impact family well-being. action that adversely affects energy which the examination was conducted. supply, distribution, or use. In its The record shall contain the name of the

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15065

person conducting the examination; (d) The operator shall maintain the DEPARTMENT OF HOMELAND date of the examination; location of all examination records for at least one SECURITY areas examined; and description of each year, make the records available for condition found that may adversely inspection by authorized representatives Coast Guard affect the safety or health of miners and of the Secretary and the representatives is not corrected promptly. of miners, and provide these 33 CFR Part 100 (c) When a condition that may representatives a copy on request. [Docket No. USCG–2018–0261] adversely affect safety or health is not [FR Doc. 2018–07084 Filed 4–6–18; 8:45 am] RIN 1625–AA08 corrected promptly, the examination BILLING CODE 4520–43–P record shall include, or be Special Local Regulation; Wy-Hi supplemented to include, the date of the Rowing Regatta, Detroit River, Trenton corrective action. DEPARTMENT OF DEFENSE Channel, Wyandotte, MI (d) The operator shall maintain the examination records for at least one Office of the Secretary AGENCY: Coast Guard, DHS. year, make the records available for ACTION: Temporary final rule. inspection by authorized representatives 32 CFR Part 81 of the Secretary and the representatives SUMMARY: The Coast Guard is of miners, and provide these [Docket ID: DOD–2017–OS–0048] establishing a special local regulation representatives a copy on request. RIN 0790–AJ97 for certain navigable waters of the Detroit River, Trenton Channel, PART 57—SAFETY AND HEALTH Paternity Claims and Adoption Wyandotte, MI. This action is necessary STANDARDS—UNDERGROUND Proceedings Involving Members and and is intended to ensure safety of life METAL AND NONMETAL MINES Former Members of the Armed Forces on navigable waters immediately prior to, during, and immediately after the ■ AGENCY: 3. The authority citation for part 57 Department of Defense. Wy-Hi Rowing Regatta event. continues to read as follows: ACTION: Final rule. DATES: This temporary final rule is Authority: 30 U.S.C. 811. SUMMARY: This final rule removes DoD’s effective from 7:30 a.m. until 5:30 p.m. ■ 4. Revise § 57.18002 to read as regulation concerning paternity claims on May 5, 2018. follows: and adoption proceedings involving ADDRESSES: To view documents mentioned in this preamble as being § 57.18002 Examination of working places. members and former members of the Armed Forces. The DoD policy that available in the docket, go to http:// (a) A competent person designated by corresponds with this rule is not www.regulations.gov, type USCG–2018– the operator shall examine each working required by law and was rescinded. This 0261 in the ‘‘SEARCH’’ box and click place at least once each shift before part is not necessary, therefore, it can be ‘‘SEARCH.’’ Click on Open Docket work begins or as miners begin work in removed from the CFR. Folder on the line associated with this that place, for conditions that may DATES: This rule is effective on April 9, rule. adversely affect safety or health. 2018. FOR FURTHER INFORMATION CONTACT: If (1) The operator shall promptly notify you have questions on this temporary miners in any affected areas of any FOR FURTHER INFORMATION CONTACT: LTCOL Reggie Yager, 703–571–9301. rule, call or email Tracy Girard, conditions found that may adversely Prevention Department, Sector Detroit, affect safety or health and promptly SUPPLEMENTARY INFORMATION: It has been Coast Guard; telephone 313–568–9564, initiate appropriate action to correct determined that publication of this CFR or email [email protected]. such conditions. part removal for public comment is SUPPLEMENTARY INFORMATION: (2) Conditions noted by the person impracticable, unnecessary, and conducting the examination that may contrary to public interest since it seeks I. Table of Abbreviations present an imminent danger shall be to remove DoD policy from the CFR that brought to the immediate attention of has already been rescinded. CFR Code of Federal Regulations the operator who shall withdraw all This rule is not significant under DHS Department of Homeland Security persons from the area affected (except Executive Order (E.O.) 12866, FR Federal Register ‘‘Regulatory Planning and Review,’’ NPRM Notice of Proposed Rulemaking persons referred to in section 104(c) of § Section the Federal Mine Safety and Health Act therefore, E.O. 13771, ‘‘Reducing COTP Captain of the Port of 1977) until the danger is abated. Regulation and Controlling Regulatory U.S.C. United States Code (b) A record of each examination shall Costs’’ does not apply. II. Background Information and be made before the end of the shift for List of Subjects in 32 CFR Part 81 which the examination was conducted. Regulatory History The record shall contain the name of the Claims, Infants and children, Military The Coast Guard is issuing this person conducting the examination; personnel. temporary rule without prior notice and date of the examination; location of all opportunity to comment pursuant to areas examined; and description of each PART 81—[REMOVED] authority under section 4(a) of the condition found that may adversely ■ Accordingly, by the authority of 5 Administrative Procedure Act (APA) (5 affect the safety or health of miners and U.S.C. 301, 32 CFR part 81 is removed. U.S.C. 553(b)). This provision is not corrected promptly. authorizes an agency to issue a rule (c) When a condition that may Dated: April 3, 2018. without prior notice and opportunity to adversely affect safety or health is not Aaron T. Siegel, comment when the agency for good corrected promptly, the examination Alternate OSD Federal Register Liaison cause finds that those procedures are record shall include, or be Officer, Department of Defense. ‘‘impracticable, unnecessary, or contrary supplemented to include, the date of the [FR Doc. 2018–07161 Filed 4–6–18; 8:45 am] to the public interest.’’ Under 5 U.S.C. corrective action. BILLING CODE 5001–06–P 553(b) (B), the Coast Guard finds that

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15066 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

good cause exists for not publishing a The COTP or his designated on-scene above, this rule will not have a notice of proposed rulemaking (NPRM) representative will notify the public of significant economic impact on any with respect to this rule because doing the enforcement of this rule by all vessel owner or operator. so would be impracticable. The Coast appropriate means, including a Under section 213(a) of the Small Guard just recently received the final Broadcast Notice to Mariners and Local Business Regulatory Enforcement details of this rowing event, Wy-Hi Notice to Mariners. Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in Rowing Regatta, which does not provide V. Regulatory Analyses sufficient time to publish an NPRM understanding this rule. If the rule prior to the event. Thus, delaying the We developed this rule after would affect your small business, effective date of this rule to wait for a considering numerous statutes and organization, or governmental comment period to run would be Executive orders related to rulemaking. jurisdiction and you have questions contrary to public interest because it Below we summarize our analyses concerning its provisions or options for would inhibit the Coast Guard’s ability based on a number of these statutes and compliance, please contact the person to protect participants, mariners and Executive orders, and we discuss First listed in the FOR FURTHER INFORMATION vessels from the hazards associated with Amendment rights of protestors. CONTACT section. Small businesses may send comments this event. It is impracticable to publish A. Regulatory Planning and Review an NPRM because the special regulation on the actions of Federal employees must be effective on May 5, 2018. Executive Orders 12866 and 13563 who enforce, or otherwise determine direct agencies to assess the costs and compliance with, Federal regulations to III. Legal Authority and Need for Rule benefits of available regulatory the Small Business and Agriculture alternatives and, if regulation is The Coast Guard is issuing this rule Regulatory Enforcement Ombudsman necessary, to select regulatory under authority in 33 U.S.C. 1233. The and the Regional Small Business approaches that maximize net benefits. Captain of the Port Detroit (COTP) has Regulatory Fairness Boards. The Executive Order 13771 directs agencies determined that the likely combination Ombudsman evaluates these actions to control regulatory costs through a of recreation vessels, commercial annually and rates each agency’s budgeting process. This rule has not vessels, and an unknown number of responsiveness to small business. If you been designated a ‘‘significant spectators in close proximity to a youth wish to comment on actions by regulatory action,’’ under Executive rowing regatta along the water pose employees of the Coast Guard, call 1– Order 12866. Accordingly, this rule has extra and unusual hazards to public 888–REG–FAIR (1–888–734–3247). The not been reviewed by the Office of safety and property. Therefore, the Coast Guard will not retaliate against Management and Budget (OMB), and COTP is establishing a special local small entities that question or complain pursuant to OMB guidance it is exempt regulation around the event location to about this rule or any policy or action from the requirements of Executive help minimize risks to safety of life and of the Coast Guard. Order 13771. property during this event. This regulatory action determination C. Collection of Information IV. Discussion of the Rule is based on the size, location, duration, This rule will not call for a new and time-of-year of the special local collection of information under the This rule establishes a temporary regulation. Vessel traffic will be able to Paperwork Reduction Act of 1995 (44 special local regulation from 7:30 a.m. safely transit around this special local U.S.C. 3501–3520). until 5:30 p.m. on May 05, 2018. In light regulation zone which will impact a D. Federalism and Indian Tribal of the aforementioned hazards, the small designated area of the Detroit Governments COTP has determined that a special River from 7:30 a.m. to 5:30 p.m. May local regulation is necessary to protect 05, 2018. Moreover, the Coast Guard A rule has implications for federalism spectators, vessels, and participants. will issue Broadcast Notice to Mariners under Executive Order 13132, The special local regulation will via VHF–FM marine channel 16 about Federalism, if it has a substantial direct encompass the following waterway: All the special local regulation and the rule effect on the States, on the relationship waters of the Detroit River, Trenton allows vessels to seek permission to between the national government and Channel between the following two enter the area. the States, or on the distribution of lines going from bank-to-bank: The first power and responsibilities among the line is drawn directly across the channel B. Impact on Small Entities various levels of government. We have from position 42°11.0′ N, 083°09.4′ W The Regulatory Flexibility Act of analyzed this rule under that Order and (NAD 83); the second line, to the north, 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent is drawn directly across the channel requires Federal agencies to consider with the fundamental federalism from position 42°11.7′ N, 083°08.9′ W the potential impact of regulations on principles and preemption requirements (NAD 83). small entities during rulemaking. The described in Executive Order 13132. An on-scene representative of the term ‘‘small entities’’ comprises small Also, this rule does not have tribal COTP may permit vessels to transit the businesses, not-for-profit organizations implications under Executive Order area when no race activity is occurring. that are independently owned and 13175, Consultation and Coordination The on-scene representative may be operated and are not dominant in their with Indian Tribal Governments, present on any Coast Guard, state, or fields, and governmental jurisdictions because it does not have a substantial local law enforcement vessel assigned to with populations of less than 50,000. direct effect on one or more Indian patrol the event. Vessel operators The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the desiring to transit through the regulated 605(b) that this rule will not have a Federal Government and Indian tribes, area must contact the Coast Guard Patrol significant economic impact on a or on the distribution of power and Commander to obtain permission to do substantial number of small entities. responsibilities between the Federal so. The COTP or his designated on- While some owners or operators of Government and Indian tribes. If you scene representative may be contacted vessels intending to transit the special believe this rule has implications for via VHF Channel 16 or at 313–568– local regulation may be small entities, federalism or Indian tribes, please 9560. for the reasons stated in section V.A contact the person listed in the FOR

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15067

FURTHER INFORMATION CONTACT section § 100.T09–0261 Special Local Regulation; SUMMARY: The Coast Guard has issued a above. Wy-Hi Rowing Regatta, Detroit River, temporary deviation from the operating Trenton Channel, Wyandotte, MI. schedule that governs the Route 1 & 9 E. Unfunded Mandates Reform Act (a) Regulated areas. The following (Lincoln Highway) Bridge across the The Unfunded Mandates Reform Act regulated area is established as a special Hackensack River, mile 1.8, at Jersey of 1995 (2 U.S.C. 1531–1538) requires local regulation: All waters of the City, New Jersey. The deviation is Federal agencies to assess the effects of Detroit River, Trenton Channel between necessary to limit and control bridge their discretionary regulatory actions. In the following two lines going from bank- openings during the reconstruction and particular, the Act addresses actions to-bank: The first line is drawn directly rehabilitation of the Pulaski Skyway that may result in the expenditure by a across the channel from position Bridge. State, local, or tribal government, in the ° ′ ° ′ 42 11.0 N, 083 09.4 W (NAD 83); the DATES: This deviation is effective aggregate, or by the private sector of second line, to the north, is drawn without actual notice from April 9, 2018 $100,000,000 (adjusted for inflation) or directly across the channel from through 11:59 p.m. on July 31, 2018. For ° ′ ° ′ more in any one year. Though this rule position 42 11.7 N, 083 08.9 W (NAD the purposes of enforcement, actual will not result in such an expenditure, 83). notice will be used from 12:01 a.m. on we do discuss the effects of this rule (b) Definition. The term ‘‘designated April 2, 2018, until April 9, 2018. elsewhere in this preamble. representative’’ means Coast Guard ADDRESSES: The docket for this F. Environment Patrol Commanders, including Coast deviation, USCG–2018–0226, is Guard coxswains, petty officers, and available at http://www.regulations.gov. We have analyzed this rule under other officers operating Coast Guard Department of Homeland Security Type the docket number in the vessels, and Federal, state, and local ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Directive 023–01 and Commandant officers designated by or assisting the Instruction M16475.1D, which guide the Click on Open Docket Folder on the line Captain of the Port (COTP) Detroit in the associated with this deviation. Coast Guard in complying with the enforcement of the regulated areas. FOR FURTHER INFORMATION CONTACT: If National Environmental Policy Act of (c) Regulations. (1) Vessels transiting 1969 (42 U.S.C. 4321–4370f), and have you have questions on this temporary through the regulated area are to deviation, call or email Judy K. Leung- determined that this action is one of a maintain the minimum speeds for safe category of actions that do not Yee, Bridge Management Specialist, navigation. First District Bridge Branch, U.S. Coast individually or cumulatively have a (2) Vessel operators desiring to enter, significant effect on the human Guard; telephone 212–514–4336, email transit through, anchoring in, remaining [email protected]. environment. This rule involves a in, or operate within the regulated area SUPPLEMENTARY INFORMATION: The owner special local regulation lasting ten hours must contact the CTOP Detroit or his of the bridge, the New Jersey that will prohibit entry into a designated designated representative to obtain Department of Transportation, requested area. It is categorically excluded from permission to do so. The COTP Detroit a temporary deviation in order to further review under paragraph L[61] of or his designated representative may be complete the reconstruction and Appendix A, Table 1 of DHS Instruction contacted via VHF Channel 16 or at rehabilitation of the adjacent Pulaski Manual 023–01–001–01, Rev. 01. A 313–568–9560. Vessel operators given Skyway Bridge. The Route 1 & 9 Bridge Record of Environmental Consideration permission to operate within the across the Hackensack River, mile 1.8, at supporting this determination is regulated area must comply with all Jersey City, New Jersey is a vertical lift available in the docket where indicated directions given to them by the COTP or bridge with a vertical clearance of 35 under ADDRESSES. his on-scene representative. feet at mean high water and 40 feet at (d) Enforcement date. The regulated G. Protest Activities mean low water in the closed position. area described in paragraph (a) of this The Coast Guard respects the First The existing drawbridge operating section will be enforced from 7:30 a.m. Amendment rights of protesters. regulations are listed at 33 CFR 117.5. until 5:30 p.m. on May 5, 2018. Protesters are asked to contact the This temporary deviation will allow person listed in the FOR FURTHER Dated: April 2, 2018. the Route 1 & 9 Bridge to open on signal INFORMATION CONTACT section to Jeffrey W. Novak, from April 2, 2018 to July 31, 2018, coordinate protest activities so that your Captain, U.S. Coast Guard, Captain of the except that the draw will not open to message can be received without Port Detroit. vessel traffic, Monday through Friday, jeopardizing the safety or security of [FR Doc. 2018–07159 Filed 4–6–18; 8:45 am] between 6 a.m. and 9:30 a.m. and people, places or vessels. BILLING CODE 9110–04–P between 2:30 p.m. and 6 p.m., except holidays. On Federal holidays, the List of Subjects in 33 CFR Part 100 Route 1 & 9 Bridge will open on signal. Marine safety, Navigation (water), DEPARTMENT OF HOMELAND Tide dependent deep draft vessels may Reporting and recordkeeping SECURITY request bridge openings during the rush requirements, Waterways. hour closure periods, provided that at For the reasons discussed in the Coast Guard least a six hour advance notice is given preamble, the Coast Guard amends 33 by calling the number posted at the CFR part 100 as follows: 33 CFR Part 117 bridge. The waterway is transited by PART 100—SAFETY OF LIFE ON [Docket No. USCG–2018–0226] recreational vessels and commercial NAVIGABLE WATERS vessels. Coordination with waterway Drawbridge Operation Regulation; users has indicated no objections to the ■ 1. The authority citation for part 100 Hackensack River, Jersey City, NJ proposed closure of the draw. Vessels continues to read as follows: AGENCY: Coast Guard, DHS. able to pass through the bridge in the Authority: 33 U.S.C. 1233. closed position may do so at any time. ACTION: Notice of deviation from ■ 2. Add § 100.T09–0261 to read as There is no alternate route for vessels to drawbridge regulation. follows: pass, but the bridge will be able to open

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15068 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

for emergencies. The Coast Guard will disorders of the breast. VA provided a continue to be rated under diagnostic also inform the users of the waterways 60-day public comment period and code 7615. Therefore, VA makes no through our Local and Broadcast interested persons were invited to changes based on this comment. Notices to Mariners of the change in submit written comments on or before One commenter wanted to include operating schedule for the bridge so April 28, 2015. VA received 13 premature hysterectomy secondary to vessel operators may arrange their comments. menorrhagia as an additional transits to minimize any impact caused Several commenters expressed their gynecological disability in the rating by the temporary deviation. support for the proposed rule and schedule. VA evaluates service- In accordance with 33 CFR 117.35(e), thanked VA for promoting gender connected hysterectomy under the drawbridge must return to its regular equality in the rating schedule. diagnostic codes 7617 and 7618. The operating schedule immediately at the One commenter demanded cause of the hysterectomy may be a end of the effective period of this compensation for his multiple factor in determining service temporary deviation. This deviation debilitating health issues, which he connection, but is not important in from the operating regulations is attributed to exposure to toxic evaluating the condition. Therefore, VA authorized under 33 CFR 117.35. substances at Fort McClellan. He also makes no changes based on this urged VA to pass the Fort McClellan comment. Dated: April 2, 2018. Health Registry Act, H.R. 411, 113th One commenter suggested adding a Christopher J. Bisignano, Cong. (2013). Several commenters stated new diagnostic code or adjusting an Supervisory Bridge Management Specialist, their belief that their multiple medical existing code for infertility due to the First Coast Guard District. conditions are due to exposure to toxic loss or loss of use of other organs [FR Doc. 2018–07215 Filed 4–6–18; 8:45 am] substances at Fort McClellan and asked besides the uterus and ovaries, BILLING CODE 9110–04–P to be considered for service connection. specifically fallopian tubes. The Another commenter provided commenter asserted that, with respect to information about his medical the uterus and ovaries, the minimum DEPARTMENT OF VETERANS conditions, which he stated he rating for a condition that causes AFFAIRS developed after his reservist’s training at infertility is 20 percent and that this Fort McClellan that involved chemical rating does not take into account 38 CFR Part 4 agent training. These comments focus symptoms, only whether the organs are on issues of service connection, rather able to function reproductively. RIN 2900–AP13 than the appropriate rating for already Therefore, the commenter asserts that Schedule for Rating Disabilities; service-connected disabilities, and any damage to any part of the female Gynecological Conditions and individual claims for VA benefits, reproductive system that causes Disorders of the Breast which are beyond the scope of this infertility should result in at least a 20 rulemaking. Regarding the commenter’s percent evaluation. AGENCY: Department of Veterans Affairs. request that VA ‘‘pass’’ the Fort While tubal damage may be ACTION: Final rule. McClellan Health Registry Act, VA associated with infertility, infertility is notes that this act is a Congressional act not in itself a disability for VA rating SUMMARY: This document amends the and not before VA. This comment is purposes. It does not result in the loss Department of Veterans Affairs (VA) also beyond the scope of this of average earning capacity. See 38 CFR Schedule for Rating Disabilities rulemaking. Therefore, VA makes no 4.1 (stating that the purpose of the rating (VASRD) by revising the portion of the changes to the proposed rule based on schedule is to represent the average rating schedule that addresses these comments. impairment in earning capacity gynecological conditions and disorders One commenter had a question about resulting from diseases and injuries in of the breast. The effect of this action is the proposed note to diagnostic code civil occupations). Diagnostic code to ensure that this portion of the rating 7615 ‘‘Ovary, disease, injury, or 7614, Fallopian tube, disease, injury, or schedule uses current medical adhesions of’’ asking if the note would adhesions of, provides disability ratings terminology and to provide detailed and create a narrow category for disability for functional impairment due to updated criteria for evaluation of evaluation by identifying dysmenorrhea symptoms associated with fallopian gynecological conditions and disorders and secondary amenorrhea. The tube damage. If loss or loss of use of a of the breast. commenter’s concern is not entirely creative organ due to service-connected DATES: Effective Date: This rule is clear. To the extent the commenter is fallopian tube damage is present, VA effective on May 13, 2018. asking whether VA considers will consider special monthly dysmenorrhea and secondary compensation under the provisions of FOR FURTHER INFORMATION CONTACT: amenorrhea disabilities for rating 38 CFR 3.350(a). VA makes no changes Ioulia Vvedenskaya, M.D., M.B.A., purposes, the note to diagnostic code based on this comment. Medical Officer, Part 4 VASRD 7615 provides that dysmenorrhea and The same commenter proposes to add Regulations Staff (211C), Compensation secondary amenorrhea shall be rated the diagnosis of repeated miscarriages to Service, Veterans Benefits under that diagnostic code. To the the list of presumptive conditions for Administration, Department of Veterans extent the commenter is asking whether female veterans who have been exposed Affairs, 810 Vermont Avenue NW, identification of dysmenorrhea and to radiation, herbicides, or other Washington, DC 20420, (202) 461–9700. secondary amenorrhea in the note limits environmental factors that could (This is not a toll-free telephone the application of diagnostic code 7615 negatively impact the ability of a fetus number.) to those diseases, it does not. to properly develop and carry to full SUPPLEMENTARY INFORMATION: VA Dysmenorrhea and secondary term. The commenter also suggested VA published a proposed rule in the amenorrhea are only examples of provide for an award of special monthly Federal Register at 80 FR 10637 on diseases that would be rated under compensation under the provisions of February 27, 2015, to amend 38 CFR diagnostic code 7615. Other § 3.350(a) for repeated miscarriages of 4.116, the portion of the VASRD dealing impairments associated with disease, an unknown etiology while on active with gynecological conditions and injury, or adhesions of the ovaries will duty. Miscarriages themselves are not

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15069

disabilities for VA rating purposes, as higher combined evaluation. The and skin symptoms, which will now be they do not result in impairment of commenter further questioned whether evaluated separately as described in the earning capacity. See 38 CFR 4.1. The rating the manifestations separately revised note to diagnostic code 7621. proposed rating criteria provide for would constitute ‘‘pyramiding’’ under Second, VA agrees with the adequate ratings based on impairment 38 CFR 4.14. commenter that information should be in earning capacity due to service- The same commenter also indicated added to the proposed note under connected damage to reproductive that the Pelvic Organ Prolapse diagnostic code 7621 to clarify how organs, which may include chronic Quantification (POP–Q) scoring system rating personnel should evaluate residuals of medical or surgical upon which proposed diagnostic code urinary and digestive symptoms complications of pregnancy incurred 7621 was based does not correlate with associated with pelvic organ prolapse. during service. Additionally, special the severity of symptoms affecting Specifically, VA is adding information monthly compensation may be multiple body systems. In addition, the to the note under diagnostic code 7621 warranted for loss or loss of use of a same commenter suggested that VA add to clarify that rating personnel should creative organ due to service-connected a note to diagnostic code 7621 to clarify separately evaluate any genitourinary, disability. See 38 CFR 3.350(a)(1). that functional impairment of other digestive, or skin symptoms under the Updating the list of presumptive body systems, including the urinary and appropriate diagnostic code(s) and conditions for veterans who have been the digestive systems, as a result of combine all evaluations with the 10 exposed to radiation, herbicides, or pelvic organ prolapse, shall be percent evaluation under diagnostic other environmental factors is beyond evaluated under the appropriate code 7621. With this clarification, VA the scope of this rulemaking, which is diagnostic codes. ensures that women with pelvic organ about the rating of conditions which Evaluations under proposed prolapse will receive adequate levels of have been service connected, not about diagnostic code 7621 were intended to compensation based on the functional which diseases should be subject to represent the average severity of impairment associated with their presumptive service connection. symptoms, including gynecological, prolapse, regardless of any anatomical Therefore, VA makes no changes based urinary, and digestive symptoms, and differences. The discussion by the on these comments. level of impairment as contemplated by commenter identified another potential The same commenter asked how the POP–Q system. Therefore, assigning approach of considering the greater powerful a diagnosis of female sexual separate ratings under proposed evaluation under either proposed arousal disorder would be as supporting diagnostic code 7621 and the diagnostic code 7621 or the appropriate evidence for military sexual trauma genitourinary or digestive systems system. Under that approach, however, (MST). This rulemaking concerns the would have violated pyramiding a veteran whose evaluation was based rating schedule in part 4, specifically 38 principles under 38 CFR 4.14 by on a diagnostic code under a different CFR 4.116, and the evaluations that VA allowing evaluations for urinary and/or body system would not be compensated assigns for physiological impairment digestive symptoms twice. See Esteban for the disabling effects of prolapse due to disorders of the gynecological v. Brown, 6 Vet. App. 259, 261–262 specific to the gynecological system. system and disorders of the breasts. The (1994). VA acknowledges, however, that The revised rule ensures that the evidentiary criteria for posttraumatic the average may not apply to all women disabling effects associated with stress disorder are listed in 38 CFR and that two women with the same multiple body systems are fully 3.304(f). Further, mental disabilities due degree of prolapse (as measured by captured. to MST are evaluated under the rating POP–Q) may experience different The same commenter also suggested schedule for mental disorders in § 4.130. disabling effects based on their VA amend VA Form 21–0960K–2, This comment is beyond the scope of anatomical size. Therefore, in order to Gynecological Conditions Disability this rulemaking. Therefore, VA makes more accurately evaluate functional Benefits Questionnaire (DBQ) to add no changes based on this comment. impairment and to ensure that the questions regarding the effects of any One commenter was supportive of the severity of the symptoms affecting diagnosed gynecological condition on overall changes and additions to this multiple body systems are fully the digestive system and consideration section of the rating schedule. However, captured, VA amends the proposed of whether the veteran has loss of use the commenter expressed concern that rating criteria and the note under of a creative organ. The commenter the proposed rating criteria for diagnostic code 7621 to include noted that the DBQ already asks the diagnostic code 7621 do not adequately guidance on how to rate the residuals examiner to comment on whether the measure disability affecting multiple and complications of pelvic organ gynecological conditions impact the body systems. Specifically, the prolapse. genitourinary system. Currently, VA commenter stated that the proposed rule First, VA amends diagnostic code Form 21–0960K–2 asks an examiner to was unclear as to whether a veteran 7621 to provide a 10 percent disability report any complications resulting from would obtain evaluations under other rating in all cases of complete or obstetrical or gynecological conditions body systems for the complications of incomplete pelvic organ prolapse due to or procedures. Additionally, VA Form pelvic organ prolapse, or whether the injury, disease, or surgical 21–0960K–2 asks the examiner if the mild, moderate, or severe rating under complications of pregnancy. This veteran has any other pertinent findings, proposed amended diagnostic code minimum level of compensation complications, conditions, signs and/or 7621 is meant to encompass all recognizes the disabling effects of the symptoms related to any conditions symptoms due to one or multiple pelvic alteration to a woman’s normal listed in the diagnosis section of the organ prolapses. The commenter stated anatomy, such as a feeling of vaginal form. Therefore, VA has an adequate that, if these manifestations in different fullness or heaviness or pressure in the mechanism to capture each and every body systems are meant to be pelvis, that are not generally included in condition related to the effects of any compensated under diagnostic code the compensable levels of disability in diagnosed gynecological condition, 7621, there is great potential for other body systems. The higher including the digestive system and loss undercompensating the veteran, as disability ratings in originally proposed of use of a creative organ. VA also notes separate ratings under the genitourinary diagnostic code 7621 took into that all affected DBQs will be updated and digestive system may afford a consideration genitourinary, digestive, upon issuance of this final rule and will

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15070 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

adhere to the same principles of is unnecessary; functional impairment caused in part by decreased blood flow recording pertinent findings. Therefore, due to the colpectomy/total to the genital area and peripheral nerve VA makes no changes based on these vaginectomy is adequately addressed damage due to micro trauma or disease comments. under diagnostic code 7618 for partial process. This form of FSAD does not Lastly, the same commenter suggested and/or total hysterectomy. In rare cases, include the psychological features of VA add a separate diagnostic code in colpectomy is performed without any Female Sexual Interest/Arousal Disorder § 4.116 for loss of coital function due to form of hysterectomy; VA will evaluate outlined in DSM–5 such as lack of, or removal of the vagina by colpectomy these circumstances analogously to significantly reduced, sexual interest or and a note to consider special monthly diagnostic code 7618, and, in the desire. If an individual is diagnosed compensation under 38 CFR 3.350(a) to absence of functional impairment or with Female Sexual Interest/Arousal increase rating consistency. VA other findings, apply the provisions of Disorder as outlined in DSM–5 that is appreciates this comment, but notes that 38 CFR 4.31 to establish service service connected, she will be rated the VASRD, in accordance with 38 CFR connection at a noncompensable rate. under the appropriate diagnostic code 4.1, is ‘‘a guide in the evaluation of This approach provides VA with under 38 CFR 4.130, which pertains to disability’’ in terms of occupational adequate criteria to evaluate functional mental disorders. Furthermore, if her impairment and is not an exhaustive list impairment associated with colpectomy, disability picture includes FSAD, of all potential diseases or conditions. with or without hysterectomy, and to defined as the continual or recurrent This is further reinforced by 38 CFR establish service connection for a inability to accomplish or maintain an 4.20, which specifically provides for disability for purposes of an award of ample lubrication-swelling reaction analogous evaluations for unlisted special monthly compensation under 38 during sexual intercourse, then separate conditions according to closely related CFR 3.350(a). We note that while compensation under diagnostic code diseases or injuries based on function vaginal damage due to colpectomy may 7632 would be appropriate. Therefore, affected, anatomical location, and be associated with loss of coital VA makes no changes based on this symptomatology. function, coital function is not in itself comment. Colpectomy, also known as a disability for VA rating purposes. It VA appreciates the comments vaginectomy, is a surgical procedure does not result in the loss of earning submitted in response to the proposed that obliterates the vaginal canal in capacity. See 38 CFR 4.1. rule. Based on the rationale stated in the order to alleviate the symptoms of Entitlement to special monthly proposed rule and in this document, the advanced pelvic organ prolapse or to compensation for anatomical loss or loss proposed rule is adopted as a final rule treat gynecological malignancies. Such of use of a creative organ may not be with the changes noted above. obliterative procedure is reserved for awarded more than once per creative Additionally, VA notes that it is making women who are not candidates for more organ. In the case of colpectomy with a technical correction to its proposed extensive surgery or do not plan future loss of coital function, the presence or changes to Appendix B to Part 4— vaginal intercourse. Colpectomy is absence of partial/total hysterectomy Numerical Index of Disabilities. generally deemed appropriate for does not entitle a female veteran to Specifically, VA inadvertently left out elderly patients with medical additional awards of special monthly instructions to delete references to comorbidities or for patients with compensation based on further diagnostic codes 7622 and 7623 which, previous failed prolapse surgery or anatomical loss of a creative organ; in as discussed in the proposed rule, are pessary trials who are not sexually either scenario the veteran has met the being removed. active. Evans, J., Karram, M., ‘‘Step by statutory criteria for anatomical loss or Effective Date of Final Rule step: Obliterating the vaginal canal to loss of use of the female creative organ correct pelvic organ prolapse,’’ OBG with varying degrees of functional Veterans Benefits Administration Manag. 2012 February;24(2):30–41 disability associated with the loss/loss (VBA) personnel utilize the Veterans https://www.mdedge.com/sites/default/ of use. Accordingly, establishing a Benefit Management System for Rating files/Document/September-2017/0212_ separate diagnostic code for colpectomy (VBMS–R) to process disability OBGM_Karram.pdf. Colpectomy in would not create entitlement to compensation claims that involve younger patients is performed to treat additional special monthly disability evaluations made under the advanced vaginal and/or uterine cancer. compensation under 38 CFR 3.350. For VASRD. In order to ensure that there is In cases of uterine cancer, colpectomy is these reasons, VA makes no changes no delay in processing veterans’ claims, used exclusively in conjunction with based on these comments at this time. VA must coordinate the effective date of total abdominal hysterectomy. In cases One commenter was supportive of the this final rule with corresponding of vaginal cancer, vaginectomy may be proposed addition of the new diagnostic VBMS–R system updates. As such, this partial, subtotal, or total, depending on code 7632, Female sexual arousal final rule will apply effective May 13, the extent of the disease. Vaginal disorder (FSAD). The commenter noted 2018, the date VBMS–R system updates reconstruction is offered in order to that the title used, ‘‘Female sexual related to this final rule will be preserve coital function. Bardavil, T. et arousal disorder,’’ is not the current complete. al., ‘‘Vaginal Cancer’’ (updated Jan. 11, medical term used in The Diagnostic 2015), Medscape, https:// and Statistical Manual of Mental Executive Orders 12866, 13563, and emedicine.medscape.com/article/ Disorders, Fifth Edition (DSM–5). In 13771 269188-overview#a23 (last accessed DSM–5, gender-specific sexual Executive Orders 12866 and 13563 March 8, 2018). Partial vaginectomy is dysfunctions have been added, and, for direct agencies to assess the costs and not associated with the loss of coital females, sexual desire and arousal benefits of available regulatory function. disorders have been combined into one alternatives and, when regulation is Accordingly, the vast majority of disorder: Female Sexual Interest/ necessary, to select regulatory colpectomy procedures involve Arousal Disorder. approaches that maximize net benefits associated partial or complete VA’s proposed diagnostic code 7632 (including potential economic, hysterectomy, currently addressed in differs from the DSM–5 diagnosis environmental, public health and safety diagnostic code 7618 and a new, because it only addresses the effects, and other advantages; separate diagnostic code for colpectomy physiologic form of FSAD, which is distributive impacts; and equity).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15071

Executive Order 13563 (Improving directly affected. Therefore, pursuant to List of Subjects in 38 CFR Part 4 Regulation and Regulatory Review) 5 U.S.C. 605(b), this rulemaking is emphasizes the importance of exempt from the initial and final Disability benefits, Pensions, quantifying both costs and benefits, regulatory flexibility analysis Veterans. reducing costs, harmonizing rules, and requirements of sections 603 and 604. Signing Authority promoting flexibility. Executive Order Unfunded Mandates 12866 (Regulatory Planning and The Secretary of Veterans Affairs, or Review) defines a ‘‘significant The Unfunded Mandates Reform Act designee, approved this document and regulatory action,’’ which requires of 1995 requires, at 2 U.S.C. 1532, that authorized the undersigned to sign and review by the Office of Management and agencies prepare an assessment of submit the document to the Office of the Budget (OMB), as ‘‘any regulatory action anticipated costs and benefits before Federal Register for publication that is likely to result in a rule that may: issuing any rule that may result in the electronically as an official document of (1) Have an annual effect on the expenditure by State, local, and tribal the Department of Veterans Affairs. economy of $100 million or more or governments, in the aggregate, or by the Jacquelyn Hayes-Byrd, Deputy Chief of adversely affect in a material way the private sector, of $100 million or more Staff, Department of Veterans Affairs, economy, a sector of the economy, (adjusted annually for inflation) in any approved this document on April 3, productivity, competition, jobs, the one year. This final rule will have no 2018, for publication. environment, public health or safety, or such effect on State, local, and tribal Dated: April 3, 2018. governments, or on the private sector. State, local, or tribal governments or Jeffrey M. Martin, communities; (2) Create a serious Paperwork Reduction Act Impact Analyst, Office of Regulation Policy inconsistency or otherwise interfere This final rule contains provisions & Management, Office of the Secretary, with an action taken or planned by constituting a collection of information Department of Veterans Affairs. another agency; (3) Materially alter the under the Paperwork Reduction Act of For the reasons set out in the budgetary impact of entitlements, 1995 (44 U.S.C. 3501–3521). preamble, VA amends 38 CFR part 4 as grants, user fees, or loan programs or the Specifically, this final rule is associated follows: rights and obligations of recipients with information collections related to thereof; or (4) Raise novel legal or policy the filing of disability benefits claims PART 4—SCHEDULE FOR RATING issues arising out of legal mandates, the (VA Form 21–526EZ) as well as DISABILITIES President’s priorities, or the principles Disability Benefits Questionnaires set forth in this Executive Order.’’ (DBQs) which enable a claimant to ■ 1. The authority citation for part 4 The economic, interagency, gather the necessary information from continues to read as follows: budgetary, legal, and policy his or her treating physician as to the Authority: 38 U.S.C. 1155, unless implications of this regulatory action current symptoms and severity of a otherwise noted. have been examined and it has been disability (VA Forms 21–0960K–1, determined not to be a significant Breast Conditions and Disorders DBQ, Subpart B—Disability Ratings regulatory action under Executive Order and 21–0960K–2, Gynecological 12866. VA’s impact analysis can be Conditions DBQ). Both information ■ 2. Amend § 4.116 as follows: found as a supporting document at collections are currently approved by ■ a. Revise the entry for diagnostic code http://www.regulations.gov, usually the Office of Management and Budget 7610; within 48 hours after the rulemaking (OMB) and have been assigned OMB ■ b. Add a note at the end of the entries document is published. Additionally, a control numbers 2900–0747 and 2900– for diagnostic codes 7615 and 7619; copy of the rulemaking and its impact 0778, respectively. VA has reviewed the ■ c. Revise the entry for diagnostic code analysis are available on VA’s website at impact of this final rule on these http://www.va.gov/orpm by following 7621; information collections and determined ■ the link for VA Regulations Published that the information collection burden is d. Remove the entries for diagnostic from FY 2004 through FYTD. This rule de minimis. codes 7622 and 7623; is not an E.O. 13771 regulatory action ■ e. Revise the entries for diagnostic because this rule is not significant under Catalog of Federal Domestic Assistance codes 7627 and 7628; E.O. 12866. The Catalog of Federal Domestic ■ f. Add entries for diagnostic codes Assistance program numbers and titles Regulatory Flexibility Act 7630 through 7632 in numerical order; for this rule are 64.009, Veterans and The Secretary hereby certifies that Medical Care Benefits; 64.104, Pension ■ g. Add an authority citation at the end this final rule will not have a significant for Non-Service-Connected Disability of the section. economic impact on a substantial for Veterans; 64.109, Veterans number of small entities as they are Compensation for Service-Connected The revisions and additions read as defined in the Regulatory Flexibility Disability; and 64.110, Veterans follows: Act, 5 U.S.C. 601–612. This final rule Dependency and Indemnity § 4.116 Schedule of ratings— will not affect any small entities. Only Compensation for Service-Connected gynecological conditions and disorders of certain VA beneficiaries could be Death. the breast.

Rating

******* 7610 Vulva or clitoris, disease or injury of (including vulvovaginitis)

******* 7615 * * *

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15072 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Rating

Note: For the purpose of VA disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dys- function affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diag- nostic code 7615

******* 7619 * * * Note: In cases of the removal of one ovary as the result of a service-connected injury or disease, with the absence or non- functioning of a second ovary unrelated to service, an evaluation of 30 percent will be assigned for the service-connected ovarian loss

******* 7621 Complete or incomplete pelvic organ prolapse due to injury, disease, or surgical complications of pregnancy ...... 10 Note: Pelvic organ prolapse occurs when a pelvic organ such as bladder, urethra, uterus, vagina, small bowel, or rectum drops (prolapse) from its normal place in the abdomen. Conditions associated with pelvic organ prolapse include: uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or any combination thereof. Evaluate pelvic organ prolapse under DC 7621. Evaluate separately any genitourinary, digestive, or skin symptoms under the appropriate diag- nostic code(s) and combine all evaluations with the 10 percent evaluation under DC 7621

******* 7627 Malignant neoplasms of gynecological system ...... 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedures. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. Rate chronic residuals to include scars, lymphedema, dis- figurement, and/or other impairment of function under the appropriate diagnostic code(s) within the appropriate body sys- tem 7628 Benign neoplasms of gynecological system. Rate chronic residuals to include scars, lymphedema, disfigurement, and/or other impairment of function under the appropriate diagnostic code(s) within the appropriate body system

******* 7630 Malignant neoplasms of the breast ...... 100 Note: A rating of 100 percent shall continue beyond the cessation of any surgical, radiation, antineoplastic chemotherapy or other therapeutic procedure. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any change in evaluation based upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter. Rate chronic residuals according to impairment of function due to scars, lymphedema, or disfigurement (e.g., limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626 7631 Benign neoplasms of the breast and other injuries of the breast. Rate chronic residuals according to impairment of func- tion due to scars, lymphedema, or disfigurement (e.g., limitation of arm, shoulder, and wrist motion, or loss of grip strength, or loss of sensation, or residuals from harvesting of muscles for reconstructive purposes), and/or under diagnostic code 7626 7632 Female sexual arousal disorder (FSAD) ...... 1 0 1 Review for entitlement to special monthly compensation under § 3.350 of this chapter.

(Authority: 38 U.S.C. 1155) ■ b. Adding, in numerical order, entries Appendix A to Part 4—Table of ■ 3. Amend appendix A to part 4 by: for diagnostic codes 7630 through 7632. Amendments and Effective Dates Since ■ a. Revising the entries for diagnostic The revisions and additions read as 1946 codes 7610, 7615, 7619, 7621, 7622, follows: 7623, 7627, and 7628; and

Diagnostic Sec. code No.

******* 7610 Criterion May 22, 1995; title May 13, 2018.

******* 7615 Criterion May 22, 1995; note May 13, 2018.

******* 7619 Criterion May 22, 1995; note May 13, 2018.

******* 7621 Criterion May 22, 1995; evaluation May 13, 2018. 7622 Removed May 13, 2018. 7623 Removed May 13, 2018.

******* 7627 Criterion March 10, 1976; criterion May 22, 1995; title, note May 13, 2018. 7628 Added May 22, 1995; title, criterion May 13, 2018.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15073

Diagnostic Sec. code No.

******* 7630 Added May 13, 2018. 7631 Added May 13, 2018. 7632 Added May 13, 2018.

*******

■ 4. Amend appendix B to part 4 by: ■ c. Revising the entries for diagnostic The revisions and additions read as ■ a. Revising the entries for diagnostic codes 7627 and 7628; and follows: codes 7610 and 7621; ■ d. Adding, in numerical order, entries ■ b. Removing the entries for diagnostic Appendix B to Part 4—Numerical Index for diagnostic codes 7630 through 7632. codes 7622 and 7623; of Disabilities

Diagnostic code No.

*******

Gynecological Conditions and Disorders of the Breast

7610 ...... Vulva or clitoris, disease or injury of (including vulvovaginitis).

******* 7621 ...... Complete or incomplete pelvic organ prolapse due to injury or disease or surgical complications of pregnancy.

******* 7627 ...... Malignant neoplasms of gynecological system. 7628 ...... Benign neoplasms of gynecological system.

******* 7630 ...... Malignant neoplasms of the breast. 7631 ...... Benign neoplasms of the breast and other injuries of the breast. 7632 ...... Female sexual arousal disorder (FSAD).

*******

■ 5. Amend appendix C to part 4 as ■ c. Under the heading ‘‘Injury,’’ add in ■ f. Remove the entry ‘‘Pregnancy, follows: alphabetical order an entry for ‘‘Breast’’. surgical complications’’. ■ ■ a. Add in alphabetical order an entry d. Under the heading ‘‘Neoplasms: ■ g. Under the heading ‘‘Uterus,’’ Benign:’’: for ‘‘Complete or incomplete pelvic ■ i. Add in alphabetical order an entry remove the entry ‘‘Displacement’’. organ prolapse due to injury or disease for ‘‘Breast’’. ■ h. Remove ‘‘Vulva disease or injury or surgical complications of pregnancy, ■ ii. Remove ‘‘Gynecological or breast’’ of’’ and add in its place ‘‘Vulva or including uterine or vaginal vault and in its place add ‘‘Gynecological’’. clitoris, disease or injury of’’. prolapse, cystocele, urethrocele, ■ e. Under the heading ‘‘Neoplasms: The additions and revisions read as rectocele, enterocele, or combination’’. Malignant:’’: follows: ■ b. Add in alphabetical order an entry ■ i. Add in alphabetical order an entry for ‘‘Female sexual arousal disorder for ‘‘Breast’’. Appendix C to Part 4—Alphabetical ■ ii. Remove ‘‘Gynecological or breast’’ (FSAD)’’. Index of Disabilities and in its place add ‘‘Gynecological’’.

Diagnostic code No.

******* Complete or incomplete pelvic organ prolapse due to injury or disease or surgical complications of pregnancy, including uterine or vaginal vault prolapse, cystocele, urethrocele, rectocele, enterocele, or combination ...... 7621

******* Female sexual arousal disorder (FSAD) ...... 7632

******* Injury:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15074 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Diagnostic code No.

******* Breast ...... 7631

******* Neoplasms: Benign: Breast ...... 7631

******* Malignant: Breast ...... 7630

*******

[FR Doc. 2018–07081 Filed 4–6–18; 8:45 am] previously removed Missouri Incorporation by reference, BILLING CODE 8320–01–P regulations; omitted the addition of a Intergovernmental relations, Lead, previously approved regulation; and Nitrogen dioxide, Ozone, Particulate erroneously published incorrect state matter, Reporting and recordkeeping ENVIRONMENTAL PROTECTION effective dates and citation information requirements, Sulfur oxides, Volatile AGENCY for previously approved entries. organic compounds, On October 21, 2014 (79 FR 62844), Dated: March 27, 2018. 40 CFR Part 52 in a direct final rule, EPA approved a revision to ‘‘10–6.400’’. The state Karen A. Flournoy, [EPA–R07–OAR–2015–0105; FRL–9976–48– effective date is 6/27/13. Acting Regional Administrator, Region 7. Region 7] On March 3, 2015 (80 FR 11323), in Accordingly, EPA amends 40 CFR a final rule, EPA approved a revision to Approval and Promulgation of Air part 52 as set forth below: Quality Implementation Plans; remove the chapter titled ‘‘Missouri Missouri; Update to Materials Department of Public Safety, Division PART 52—APPROVAL AND Incorporated by Reference; Correcting 50-State Highway Patrol, Chapter 2— PROMULGATION OF Amendments Motor Vehicle Inspection’’ and its IMPLEMENTATION PLANS entries for ‘‘50–2.010 through 50– AGENCY: Environmental Protection 2.420’’. This final rule also approved the ■ 1. The authority citation for part 52 Agency (EPA). addition of ‘‘10–5.381’’. continues to read as follows: ACTION: Final rule; correcting On March 4, 2015 (80 FR 11577), EPA amendments. approved in a direct final rule a revision Authority: 42 U.S.C. 7401 et seq. to remove the entry for ‘‘10–5.240’’ and SUMMARY: The Environmental Protection approved revisions to Missouri Subpart AA—Missouri Agency (EPA), in a final rule action regulations ‘‘10–6.010’’, ‘‘10–6.020’’ and published in the Federal Register on ‘‘10–6.040’’. The state effective date of ■ 2. Amend § 52.1320(c) by: August 6, 2015, erroneously approved ‘‘10–6.010’’ is 7/30/14; the state ■ a. Removing the entry for ‘‘10–5.240’’; and codified previously removed effective date of ‘‘10–6.020’’ is 3/30/14; ■ b. Adding the entry for ‘‘10–5.381’’ in entries; erroneously omitted the and the state effective date of ‘‘10– numerical order; addition of previously approved entries; 6.040’’ is 11/30/14. and erroneously published codification Therefore, we are correcting the EPA’s ■ c. Revising entries ‘‘10–6.010’’, ‘‘10– of previously revised entries. This regulations to remove ‘‘10–5.240’’; add 6.020’’, ‘‘10–6.040’’, and ‘‘10–6.400’’; technical amendment corrects the ‘‘10–5.381’’; remove the chapter titled and erroneous entries. ‘‘Missouri Department of Public Safety, ■ d. Removing the heading ‘‘Missouri DATES: This rule is effective on April 9, Division 50-State Highway Patrol, Department of Public Safety, Division 2018. Chapter 2—Motor Vehicle Inspection’’ 50-State Highway Patrol, Chapter 2— and its entries for ‘‘50–2.010 through FOR FURTHER INFORMATION CONTACT: Jan Motor Vehicle Inspection’’ and the 50–2.420’’; and revise ‘‘10–6.010’’, ‘‘10– entries ‘‘50–2.010’’ through ‘‘50–2.420’’. Simpson at (913) 551–7089, or by email 6.020’’ and ‘‘10–6.040’’ to reflect the at [email protected]. most currently approved dates and The addition and revisions read as SUPPLEMENTARY INFORMATION: The citations. follows: August 6, 2015 (80 FR 46804), Federal § 52.1320 Identification of plan. Register final rule and notice of List of Subjects in 40 CFR Part 52 administrative change inadvertently and Environmental protection, Air * * * * * erroneously approved and codified pollution control, Carbon monoxide, (c) * * *

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15075

EPA-APPROVED MISSOURI REGULATIONS

State Missouri citation Title effective EPA approval date Explanation date

Missouri Department of Natural Resources

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area

******* 10–5.381 ...... On-Board Diagnostics 12/30/2012 3/3/2015, 80 FR 11323 ... Motor Vehicle Emis- sions Inspection.

*******

Chapter 6—Air Quality Standards, Definitions, Sampling and Reference Methods, and Air Pollution Control Regulations for the State of Missouri

10–6.010 ...... Ambient Air Quality 7/30/2014 3/4/2015, 80 FR 11577 ... Hydrogen Sulfide and Sulfuric Acid state standards Standards. are not SIP approved. 10–6.020 ...... Definitions and Common 3/30/2014 3/4/2015, 80 FR 11577 ... Many of the definitions pertain to Title V, 111(d) Reference Tables. and asbestos programs and are approved in the SIP because they provide overall consistency in the use of terms in the air program. Similarly, the EPA has also approved this rule as part of the Title V program, and 111(d) even though many of the definitions pertain only to the SIP.

******* 10–6.040 ...... Reference Methods ...... 11/30/2014 3/4/2015, 80 FR 11577.

******* 10–6.400 ...... Restriction of Emission of 6/27/2013 10/21/2014, 79 FR Particulate Matter From 62844. Industrial Processes.

*******

* * * * * to reflect certain statutory changes • corrects obsolete contact [FR Doc. 2018–07216 Filed 4–6–18; 8:45 am] enacted in the Surface Transportation information (e.g., 49 CFR BILLING CODE 6560–50–P Board Reauthorization Act of 2015 and 1180.4(c)(5)(ii), 1182.3); to replace certain obsolete or incorrect • corrects references to United States references in the regulations. Code or Code of Federal Regulations SURFACE TRANSPORTATION BOARD 1 DATES: This rule is effective May 2, sections that have been moved or are 2018. otherwise incorrect (e.g., 49 CFR 49 CFR Parts 1001, 1003, 1004, 1005, 1244.9(d)(2), 1103.3(c)(2)); 1007, 1011, 1012, 1013, 1016, 1018, FOR FURTHER INFORMATION CONTACT: • 1019, 1033, 1034, 1035, 1037, 1090, revises URL references to reflect the Sarah Fancher: (202) 245–0355. Federal 2 1100, 1101, 1103, 1104, 1105, 1106, Board’s new website (e.g., 49 CFR Information Relay Service (FIRS) for the 1001.1(d)); 1108, 1110, 1112, 1113, 1114, 1116, hearing impaired: (800) 877–8339. 1117, 1119, 1120, 1132, 1133, 1135, • revises the Board’s regulations to 1141, 1144, 1146, 1147, 1150, 1152, SUPPLEMENTARY INFORMATION: In this reflect that the STB Reauthorization Act 1155, 1177, 1180, 1182, 1184, 1185, decision, the Board is revising, sec. 4 expanded the Board from three 1200, 1220, 1242, 1243, 1244, 1245, correcting, and updating its regulations members to five members (49 CFR 1246, 1247, 1248, 1253, 1305, 1310, in 49 CFR ch. X. Some of these revisions 1011.3); and 1312, 1313, 1319, 1331, and 1333 are necessitated by changes made by the • corrects an omitted subheading (49 Surface Transportation Board CFR pt. 1248). [Docket No. EP 746] Reauthorization Act of 2015, Public Law Updating the Code of Federal 114–110, 129 Stat. 2228 (2015) (STB 1 The STB Reauthorization Act revised parts of Regulations Reauthorization Act). the United States Code, including re-designating Chapter 7 of Title 49 of the Code as Chapter 13. STB This decision makes the following AGENCY: Surface Transportation Board. Reauthorization Act sec. 3. changes to the Board’s regulations: 2 As a result of the STB Reauthorization Act, the ACTION: Final rules. • Board is no longer administratively housed in the Eliminates or changes obsolete Department of Transportation; therefore, the Board SUMMARY: The Surface Transportation agency and/or office titles (e.g., 49 CFR changed its website from ‘‘www.stb.dot.gov’’ to Board (Board) is updating its regulations 1105.7(b), 1152.50(d)(1)(ii)); ‘‘www.stb.gov.’’

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15076 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Because these revisions are not 49 CFR Part 1019 49 CFR Part 1117 substantive and/or relate to rules of Conflict of interests. Administrative practice and agency organization, procedure, or procedure. practice, the Board finds good cause that 49 CFR Part 1033 notice and comment under the Railroads. 49 CFR Part 1119 Administrative Procedure Act (APA) are Administrative practice and 49 CFR Part 1034 unnecessary. 5 U.S.C. 553(b)(3)(A) & (B). procedure. The Regulatory Flexibility Act (RFA), Railroads. as amended by the Small Business 49 CFR Part 1120 Regulatory Enforcement Fairness Act of 49 CFR Part 1035 Freight, Motor carriers, Uniform 1996, 5 U.S.C. 601–612, generally Maritime carriers, Railroads. System of Accounts. requires an agency to prepare a regulatory flexibility analysis of any rule 49 CFR Part 1037 49 CFR Part 1132 subject to notice and comment Claims, Grains, Railroads. Administrative practice and rulemaking requirements, unless the procedure. agency certifies that the rule will not 49 CFR Part 1090 have a significant economic impact on Freight, Intermodal transportation, 49 CFR Part 1133 a substantial number of small entities. Maritime carriers, Motor carriers, Claims, Freight. Because the Board has determined that Railroads. notice and comment are not required 49 CFR Part 1135 49 CFR Part 1100 under the APA for this rulemaking, the Administrative practice and requirements of the RFA do not apply. Administrative practice and procedure, Railroads, Reporting and These final rules do not contain a new procedure. recordkeeping requirements. or amended information collection requirement subject to the Paperwork 49 CFR Part 1101 49 CFR Part 1141 Reduction Act of 1995, 44 U.S.C. 3501– Administrative practice and Administrative practice and 3521. procedure. procedure. List of Subjects 49 CFR Part 1103 49 CFR Part 1144 49 CFR Part 1001 Administrative practice and Railroads. procedure, Lawyers. Administrative practice and 49 CFR Part 1146 procedure, Confidential business 49 CFR Part 1104 information, Freedom of information. Railroads. Administrative practice and 49 CFR Part 1147 49 CFR Part 1003 procedure. Common carriers, Reporting and Railroads. 49 CFR Part 1105 recordkeeping requirements. 49 CFR Part 1150 Environmental impact statements, 49 CFR Part 1004 Reporting and recordkeeping Administrative practice and Administrative practice and requirements. procedure, Railroads. procedure, Motor carriers. 49 CFR Part 1106 49 CFR Part 1152 49 CFR Part 1005 Administrative practice and Administrative practice and Claims, Freight, Investigations, procedure, Federal Railroad procedure, Railroads, Reporting and Maritime carriers, Motor carriers, Administration, Railroad safety. recordkeeping requirements, Uniform Railroads. System of Accounts. 49 CFR Part 1108 49 CFR Part 1007 49 CFR Part 1155 Administrative practice and Privacy. procedure, Railroads. Administrative practice and 49 CFR Part 1011 procedure, Railroads, Waste treatment 49 CFR Part 1110 and disposal. Administrative practice and Administrative practice and procedure, Authority delegations 49 CFR Part 1177 procedure. (Government agencies), Organization Administrative practice and and functions (Government agencies). 49 CFR Part 1112 procedure, Archives and records, 49 CFR Part 1012 Administrative practice and Maritime carriers, Railroads. procedure. Sunshine Act. 49 CFR Part 1180 49 CFR Part 1013 49 CFR Part 1113 Administrative practice and Common carriers, Reporting and Administrative practice and procedure, Railroads, Reporting and recordkeeping requirements, Securities, procedure. recordkeeping requirements. Trusts and trustees. 49 CFR Part 1114 49 CFR Part 1182 49 CFR Part 1016 Administrative practice and Administrative practice and Claims, Equal access to justice, procedure. procedure, Motor carriers. Lawyers. 49 CFR Part 1116 49 CFR Part 1184 49 CFR Part 1018 Administrative practice and Administrative practice and Claims, Income taxes. procedure. procedure, Motor carriers.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15077

49 CFR Part 1185 49 CFR Part 1331 Authority: 49 U.S.C. 1321, 11706, 14706, 15906. Administrative practice and Buses, Freight forwarders, Maritime procedure, Antitrust, Railroads. carriers, Motor carriers, Moving of PART 1007—RECORDS CONTAINING household goods, Pipelines, Railroads. 49 CFR Part 1200 INFORMATION ABOUT INDIVIDUALS 49 CFR Part 1333 Freight forwarders, Maritime carriers, ■ 6. Revise the authority citation for part Motor carriers, Railroads, Uniform Penalties, Railroads. 1007 to read as follows: System of Accounts. It is ordered: Authority: 5 U.S.C. 552, 49 U.S.C. 1321. 1. The rule modifications set forth 49 CFR Part 1220 below are adopted as final rules. PART 1011—BOARD ORGANIZATION; Freight forwarders, Maritime carriers, 2. This decision is effective May 2, DELEGATIONS OF AUTHORITY Motor carriers, Moving of household 2018. goods, Railroads, Reporting and Decided: March 27, 2018. ■ 7. Revise the authority citation for part recordkeeping requirements. By the Board, Board Members Begeman 1011 to read as follows: 49 CFR Part 1242 and Miller. Authority: 5 U.S.C. 553; 31 U.S.C. 9701; Kenyatta Clay, 49 U.S.C. 1301, 1321, 11123, 11124, 11144, Railroads, Taxes. Clearance Clerk. 14122, and 15722. 49 CFR Part 1243 For the reasons set forth in the ■ 8. Amend § 1011.3 as follows: ■ Railroads, Reporting and preamble, under the authority of 49 a. Revise the section heading. recordkeeping requirements. U.S.C. 1321, title 49, chapter X, parts ■ b. In paragraph (a)(1): 1001, 1003, 1004, 1005, 1007, 1011, ■ i. Remove the citation to ‘‘49 U.S.C. 49 CFR Part 1244 1012, 1013, 1016, 1018, 1019, 1033, 701(c)(1)’’ and add in its place ‘‘49 Freight, Railroads, Reporting and 1034, 1035, 1037, 1090, 1100, 1101, U.S.C. 1301(c)(1)’’. recordkeeping requirements. 1103, 1104, 1105, 1106, 1108, 1110, ■ ii. Remove the citation to ‘‘49 U.S.C. 1112, 1113, 1114, 1116, 1117, 1119, 701(c)(2)’’ and add in its place ‘‘49 49 CFR Part 1245 1120, 1132, 1133, 1135, 1141, 1144, U.S.C. 1301(c)(2)’’. Railroad employees, Reporting and 1146, 1147, 1150, 1152, 1155, 1177, ■ c. Revise paragraph (a)(3). recordkeeping requirements, Wages. 1180, 1182, 1184, 1185, 1200, 1220, The revisions read as follows: 1242, 1243, 1244, 1245, 1246, 1247, 49 CFR Part 1246 1248, 1253, 1305, 1310, 1312, 1313, § 1011.3 The Chairman, Vice Chairman, and Board Members. Railroad employees, Reporting and 1319, 1331, and 1333 of the Code of recordkeeping requirements. Federal Regulations are amended as (a) * * * follows: (3) In the Chairman’s absence, the 49 CFR Part 1247 Vice Chairman is acting Chairman, and Freight, Railroads, Reporting and PART 1001—INSPECTION OF has the authority and responsibilities of recordkeeping requirements. RECORDS the Chairman. In the Vice Chairman’s ■ absence, the Chairman, if present, has 49 CFR Part 1248 1. The authority citation for part 1001 the authority and responsibilities of the continues to read as follows: Freight, Railroads, Reporting and Vice Chairman. In the absence of both recordkeeping requirements, Statistics. Authority: 5 U.S.C. 552; 49 U.S.C. 1302, the Chairman and the Vice Chairman, and 49 U.S.C. 1321. the Board may temporarily designate 49 CFR Part 1253 § 1001.1 [Amended] one of its members to act as Chairman Freight forwarders, Maritime carriers, and to have the authority and ■ Motor carriers, Pipelines, Railroads, 2. In § 1001.1 (d), remove responsibilities of the Chairman and Reporting and recordkeeping ‘‘www.stb.dot.gov’’ and add in its place Vice Chairman. ‘‘www.stb.gov’’. requirements. * * * * * 49 CFR Part 1305 PART 1003—FORMS § 1011.7 [Amended] Pipelines, Reporting and ■ 3. Revise the authority citation for part ■ 9. In § 1011.7 (a)(2)(ix), remove the recordkeeping requirements. 1003 to read as follows: reference to ‘‘Section of Environmental 49 CFR Part 1310 Authority: 49 U.S.C. 1321, 13301(f). Analysis’’ and add in its place ‘‘Office of Environmental Analysis’’. Freight forwarders, Motor carriers, PART 1004—INTERPRETATIONS AND Moving of household goods. ROUTING REGULATIONS PART 1012—MEETINGS OF THE BOARD 49 CFR Part 1312 ■ 4. Revise the authority citation for part Freight forwarders, Maritime carriers, 1004 to read as follows: ■ 10. Revise the authority citation for part 1012 to read as follows: Motor carriers, Moving of household Authority: 49 U.S.C. 1321. goods, Pipelines, Railroads. Authority: 5 U.S.C. 552b(g), 49 U.S.C. 1301, 1321. 49 CFR Part 1313 PART 1005—PRINCIPLES AND PRACTICES FOR THE INVESTIGATION Administrative practice and AND VOLUNTARY DISPOSITION OF PART 1013—GUIDELINES FOR THE procedure, Agricultural commodities, LOSS AND DAMAGE CLAIMS AND PROPER USE OF VOTING TRUSTS Forests and forest products, Railroads. PROCESSING SALVAGE ■ 11. Revise the authority citation for 49 CFR Part 1319 ■ 5. Revise the authority citation for part part 1013 to read as follows: Freight forwarders. 1005 to read as follows: Authority: 49 U.S.C. 1321, 13301(f).

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15078 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

PART 1016—SPECIAL PROCEDURES PART 1101—DEFINITIONS AND ■ d. In paragraph (g), remove the GOVERNING THE RECOVERY OF CONSTRUCTION reference to ‘‘SEA’’ and add in its place EXPENSES BY PARTIES TO BOARD ‘‘OEA’’. ADJUDICATORY PROCEEDINGS ■ 21. Revise the authority citation for part 1101 to read as follows: § 1105.11 [Amended] ■ 12. Revise the authority citation for Authority: 49 U.S.C. 1321. ■ 29. In the appendix to § 1105.11, part 1016 to read as follows: PART 1103—PRACTITIONERS remove the reference to ‘‘SEA’’ and add Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. in its place ‘‘OEA’’. 1321. ■ 22. Revise the authority citation for § 1105.12 [Amended] part 1103 to read as follows: PART 1018—DEBT COLLECTION Authority: 21 U.S.C. 862; 49 U.S.C. ■ 30. In the appendix to § 1105.12, in ■ 13. Revise the authority citation for 1303(c), 1321. the Sample Local Newspaper Notice for Petitions for Abandonment Exemptions, part 1018 to read as follows: § 1103.3 [Amended] remove the reference to ‘‘SEA’’ Authority: 31 U.S.C. 3701, 31 U.S.C. 3711 ■ 23. In § 1103.3(c)(2), remove ‘‘21 wherever it appears and add in its place et seq., 49 U.S.C. 1321, 31 CFR parts 900– U.S.C. 853a’’ and add in its place ‘‘21 ‘‘OEA’’. 904. U.S.C. 862’’. PART 1106—PROCEDURES FOR PART 1019—REGULATIONS PART 1104—FILING WITH THE GOVERNING CONDUCT OF SURFACE SURFACE TRANSPORTATION BOARD BOARD—COPIES—VERIFICATION— CONSIDERATION OF SAFETY TRANSPORTATION BOARD SERVICE—PLEADINGS, GENERALLY EMPLOYEES INTEGRATION PLANS IN CASES INVOLVING RAILROAD ■ 24. The authority citation for part CONSOLIDATIONS, MERGERS, AND ■ 14. Revise the authority citation for 1104 continues to read as follows: ACQUISITIONS OF CONTROL part 1019 to read as follows: Authority: 5 U.S.C. 553 and 559; 18 U.S.C. Authority: 49 U.S.C. 1321. 1621; and 49 U.S.C. 1321. ■ 31. Revise the authority citation for part 1106 to read as follows: PART 1033—CAR SERVICE § 1104.1 [Amended] ■ 25. In § 1104.1(e), remove ‘‘http:// Authority: 5 U.S.C. 553; 5 U.S.C. 559; 49 ■ 15. Revise the authority citation for www.stb.dot.gov’’ and add in its place U.S.C. 1321; 49 U.S.C. 10101; 49 U.S.C. part 1033 to read as follows: ‘‘www.stb.gov’’. 11323–11325; 42 U.S.C. 4332. ■ Authority: 49 U.S.C. 1321, 11121, 11122. PART 1105—PROCEDURES FOR 32. In § 1106.2: IMPLEMENTATION OF ■ a. Remove the definition of Section of PART 1034—ROUTING OF TRAFFIC ENVIRONMENTAL LAWS Environmental Analysis. ■ b. Add a definition of Office of ■ 16. Revise the authority citation for ■ 26. Revise the authority citation for Environmental Analysis in alphabetical part 1034 to read as follows: part 1105 to read as follows: order to read as follows: Authority: 49 U.S.C. 1321, 11123. Authority: 16 U.S.C. 1456, and 1536; 42 U.S.C. 4332 and 6362(b); 49 U.S.C. 1301 note § 1106.2 Definitions. PART 1035—BILLS OF LADING (1995) (Savings Provisions), 1321(a), 10502, * * * * * and 10903–10905; 54 U.S.C. 306108. ■ 17. Revise the authority citation for ■ 27. In § 1105.7(b), revise the Office of Environmental Analysis part 1035 to read as follows: concluding sentence to read as follows: (‘‘OEA’’) means the Office that prepares the Board’s environmental documents Authority: 49 U.S.C. 1321, 11706, 14706. § 1105.7 Environmental reports. and analyses. PART 1037—BULK GRAIN AND GRAIN * * * * * * * * * * PRODUCTS—LOSS AND DAMAGE (b) * * * CLAIMS For information regarding the names § 1106.4 [Amended] and addresses of the agencies to be ■ 33. In § 1106.4(a), (b)(1), (b)(2), and contacted, interested parties may ■ 18. Revise the authority citation for (b)(3), remove the reference to ‘‘SEA’’ contact the Board’s Office of part 1037 to read as follows: wherever it appears and add in its place Environmental Analysis. Authority: 49 U.S.C. 1321. ‘‘OEA’’. * * * * * PART 1090—PRACTICES OF § 1105.10 [Amended] PART 1108—ARBITRATION OF CARRIERS INVOLVED IN THE CERTAIN DISPUTES SUBJECT TO THE INTERMODAL MOVEMENT OF ■ 28. In § 1105.10: STATUTORY JURISDICTION OF THE CONTAINERIZED FREIGHT ■ a. In paragraph (a)(1), remove the SURFACE TRANSPORTATION BOARD reference to ‘‘Section of Environmental ■ 19. Revise the authority citation for Analysis’’ and add in its place ‘‘Office ■ 34. The authority citation for part part 1090 to read as follows: of Environmental Analysis (OEA)’’. 1108 continues to read as follows: ■ b. In paragraph (a)(3), remove the Authority: 49 U.S.C. 1321. reference to ‘‘the Section of Authority: 49 U.S.C. 11708, 49 U.S.C. Environmental Analysis’’ and add in its 1321(a), and 5 U.S.C. 571 et seq. PART 1100—GENERAL PROVISIONS place ‘‘OEA’’. § 1108.3 [Amended] ■ c. In paragraph (b), remove the ■ 20. Revise the authority citation for reference to ‘‘the Section of ■ 35. In § 1108.3(c), remove part 1100 to read as follows: Environmental Analysis’’ and add in its ‘‘www.stb.dot.gov’’ and add in its place Authority: 49 U.S.C. 1321. place ‘‘OEA’’. ‘‘www.stb.gov’’.

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15079

PART 1110—PROCEDURES PART 1133—RECOVERY OF Analysis (SEA)’’ and add in its place GOVERNING INFORMAL DAMAGES ‘‘Office of Environmental Analysis (OEA)’’. RULEMAKING PROCEEDINGS ■ 46. Revise the authority citation for ■ b. In paragraph (c)(1)(ii), remove the ■ 36. Revise the authority citation for part 1133 to read as follows: reference to ‘‘SEA’’ and add in its place part 1110 to read as follows: Authority: 49 U.S.C. 1321. ‘‘OEA’’. ■ Authority: 49 U.S.C. 1321. c. In paragraph (c)(3), remove the PART 1135—RAILROAD COST reference to ‘‘SEA’’ wherever it appears PART 1112—MODIFIED PROCEDURES RECOVERY PROCEDURES and add in its place ‘‘OEA’’. ■ ■ d. In paragraph (c)(4), remove the ■ 47. Revise the authority citation for 37. Revise the authority citation for part 1135 to read as follows: reference to ‘‘SEA’s’’ and add in its part 1112 to read as follows: place ‘‘OEA’s’’. Authority: 5 U.S.C. 553, and 49 U.S.C. ■ Authority: 5 U.S.C. 559; 49 U.S.C. 1321. e. In paragraph (d): 1321, 10701, 10704, 10708, and 11145. ■ i. Remove the reference to ‘‘SEA’’ PART 1113—ORAL HEARING PART 1141—PROCEDURES TO wherever it appears and add in its place CALCULATE INTEREST RATES ‘‘OEA’’. ■ 38. Revise the authority citation for ■ ii. Remove the reference to ‘‘SEA’s’’ part 1113 to read as follows: ■ 48. Revise the authority citation for wherever it appears and add in its place Authority: 5 U.S.C. 559; 49 U.S.C. 1321. part 1141 to read as follows: ‘‘OEA’s’’. Authority: 49 U.S.C. 1321. PART 1114—EVIDENCE; DISCOVERY PART 1152—ABANDONMENT AND PART 1144—INTRAMODAL RAIL DISCONTINUANCE OF RAIL LINES ■ 39. The authority citation for part COMPETITION AND RAIL TRANSPORTATION UNDER 1114 continues to read as follows: 49 U.S.C. 10903 ■ 49. Revise the authority citation for Authority: 5 U.S.C. 559; 49 U.S.C. 1321. ■ part 1144 to read as follows: 56. The authority citation for part 1152 continues to read as follows: § 1114.31 [Amended] Authority: 49 U.S.C. 1321, 10703, 10705, ■ and 11102. Authority: 11 U.S.C. 1170; 16 U.S.C. 40. In § 1114.31(b)(1), remove ‘‘49 1247(d) and 1248; 45 U.S.C. 744; and 49 U.S.C. 721(c)’’ and add in its place ‘‘49 PART 1146—EXPEDITED RELIEF FOR U.S.C. 1301, 1321(a), 10502, 10903–10905, U.S.C. 1321(c)’’. SERVICE EMERGENCIES and 11161. PART 1116—ORAL ARGUMENT ■ 50. Revise the authority citation for § 1152.20 [Amended] BEFORE THE BOARD part 1146 to read as follows: ■ 57. In § 1152.20(a)(2)(vii), remove the reference to ‘‘Military Traffic ■ 41. Revise the authority citation for Authority: 49 U.S.C. 1321, 11101, and 11123. Management Command’’ and add in its part 1116 to read as follows: place ‘‘Military Surface Deployment and Authority: 49 U.S.C. 1321. PART 1147—TEMPORARY RELIEF Distribution Command’’. UNDER 49 U.S.C. 10705 AND 11102 § 1152.21 [Amended] PART 1117—PETITIONS (FOR RELIEF) FOR SERVICE INADEQUACIES NOT OTHERWISE COVERED ■ 58. In § 1152.21, remove the reference ■ 51. Revise the authority citation for to ‘‘Section of Environmental Analysis’’ ■ 42. Revise the authority citation for part 1147 to read as follows: wherever it appears and add in its place part 1117 to read as follows: Authority: 49 U.S.C. 1321, 10705, 11101, ‘‘Office of Environmental Analysis’’. Authority: 49 U.S.C. 1321. and 11102. § 1152.22 [Amended] PART 1119—COMPLIANCE WITH PART 1150—CERTIFICATE TO ■ 59. In § 1152.22(i), remove the BOARD DECISIONS CONSTRUCT, ACQUIRE, OR OPERATE reference to ‘‘Section of Environmental RAILROAD LINES Analysis’’ wherever it appears and add ■ 43. Revise the authority citation for in its place ‘‘Office of Environmental ■ part 1119 to read as follows: 52. Revise the authority citation for Analysis’’. part 1150 to read as follows: Authority: 49 U.S.C. 1321. Authority: 49 U.S.C. 1321(a), 10502, § 1152.50 [Amended] PART 1120—USE OF 1977–1978 10901, and 10902. ■ 60. In § 1152.50(d)(1)(ii), remove the reference to ‘‘Military Traffic STUDY OF MOTOR CARRIER § 1150.1 [Amended] PLATFORM HANDLING FACTORS Management Command’’ and add in its ■ 53. In § 1150.1(b), remove the place ‘‘Military Surface Deployment and ■ 44. Revise the authority citation for reference to ‘‘Section of Environmental Distribution Command’’. part 1120 to read as follows: Analysis’’ and add in its place ‘‘Office of Environmental Analysis’’. § 1152.60 [Amended] Authority: 49 U.S.C. 1321, 13701, 13703. ■ 61. In § 1152.60(c), remove the § 1150.10 [Amended] PART 1132—PROTESTS REQUESTING reference to ‘‘Section of Environmental ■ 54. In § 1150.10(g), remove the Analysis’’ wherever it appears and add SUSPENSION AND INVESTIGATION reference to ‘‘Section of Environmental OF COLLECTIVE RATEMAKING in its place ‘‘Office of Environmental Analysis’’ and add in its place ‘‘Office Analysis’’. ACTIONS of Environmental Analysis’’. PART 1155—SOLID WASTE RAIL ■ 45. Revise the authority citation for § 1150.36 [Amended] TRANSFER FACILITIES part 1132 to read as follows: ■ 55. In § 1150.36: Authority: 49 U.S.C. 1321, 13301(f), and ■ a. In paragraph (b), remove the ■ 62. Revise the authority citation for 13703. reference to ‘‘Section of Environmental part 1155 to read as follows:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15080 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Authority: 49 U.S.C. 1321(a), 10908, Registration & Safety Information, Chief, Authority: 49 U.S.C. 1321, 11145. 10909, 10910. Registration, Licensing & Insurance ■ 63. In Appendix A to part 1155, Division, 1200 New Jersey Ave. SE, Mail PART 1244—WAYBILL ANALYSIS OF remove ‘‘http://www.stb.dot.gov’’ and Stop W65–331, Washington, DC 20590’’. TRANSPORTATION OF PROPERTY— add in its place ‘‘www.stb.gov’’. RAILROADS § 1182.3 [Amended] ■ 79. Revise the authority citation for PART 1177—RECORDATION OF ■ 71. In § 1182.3(a)(2), remove ‘‘Chief, part 1244 to read as follows: DOCUMENTS Lic. & Ins. Div., U.S.D.O.T. Office of ■ Motor Carriers-HIA 30, 400 Virginia Authority: 49 U.S.C. 1321, 10707, 11144, 64. Revise the authority citation for 11145. part 1177 to read as follows: Ave. SW, Ste. 600, Washington, DC 20004’’ and add in its place ‘‘Federal Authority: 49 U.S.C. 1321, 11301. § 1244.4 [Amended] Motor Carrier Safety Administration, ■ 80. In § 1244.4(c)(1), remove ‘‘http:// PART 1180—RAILROAD ACQUISITION, Office of Registration & Safety www.stb.dot.gov’’ and add in its place CONTROL, MERGER, Information, Chief, Registration, ‘‘www.stb.gov’’. CONSOLIDATION PROJECT, Licensing & Insurance Division, 1200 TRACKAGE RIGHTS, AND LEASE New Jersey Ave. SE, Mail Stop W65– § 1244.9 [Amended] PROCEDURES 331, Washington, DC 20590’’. ■ 81. In § 1244.9: ■ § 1182.8 [Amended] a. In paragraph (b)(4)(ii), remove the ■ 65. Revise the authority citation for reference to ‘‘§ 1244.8(e)’’ and add in its ■ part 1180 to read as follows: 72. In § 1182.8(f), remove ‘‘Office of place ‘‘§ 1244.9(e)’’. Motor Carriers of the U.S. Department of Authority: 5 U.S.C. 553 and 559; 11 U.S.C. ■ b. In paragraph (d)(2), remove the 1172; 49 U.S.C. 1321, 10502, 11323–11325. Transportation’’ and add in its place reference to ‘‘49 CFR 1224.8’’ and add ‘‘Federal Motor Carrier Safety in its place ‘‘49 CFR 1244.9’’. § 1180.1 [Amended] Administration’’. ■ c. In paragraph (h): ■ 66. In § 1180.1(f)(1): ■ i. Remove the reference to ‘‘Military PART 1184—MOTOR CARRIER ■ a. Remove the reference to ‘‘Section of Traffic Management Command POOLING OPERATIONS Environmental Analysis (SEA)’’ and add (MTMC)’’ and add in its place ‘‘Military in its place ‘‘Office of Environmental ■ 73. Revise the authority citation for Surface Deployment and Distribution Analysis (OEA)’’. part 1184 to read as follows: Command (SDDC)’’. ■ b. Remove the reference to ‘‘SEA’’ and ■ ii. Remove the reference to ‘‘MTMC’s’’ Authority: 49 U.S.C. 1321, 14302. add in its place ‘‘OEA’’. and add in its place ‘‘SDDC’s’’. ■ 67. In § 1180.4, revise paragraph PART 1185—INTERLOCKING (c)(5)(ii) to read as follows: PART 1245—CLASSIFICATION OF OFFICERS RAILROAD EMPLOYEES; REPORTS § 1180.4 Procedures. ■ 74. Revise the authority citation for OF SERVICE AND COMPENSATION * * * * * part 1185 to read as follows: (c) * * * ■ 82. Revise the authority citation for (5) * * * Authority: 49 U.S.C. 1321, 10502, and part 1245 to read as follows: 11328. (ii) The Secretary of the United States Authority: 49 U.S.C. 1321, 11145. Department of Transportation (Office of PART 1200—GENERAL ACCOUNTING Chief Counsel, Federal Railroad REGULATIONS UNDER THE PART 1246—NUMBER OF RAILROAD Administration, 1200 New Jersey INTERSTATE COMMERCE ACT EMPLOYEES Avenue SE, Washington, DC 20590. ■ 83. Revise the authority citation for * * * * * ■ 75. Revise the authority citation for part 1200 to read as follows: part 1246 to read as follows: § 1180.6 [Amended] Authority: 49 U.S.C. 1321, 11145. ■ Authority: 49 U.S.C. 1321, 11142, 11143, 68. In § 1180.6(a)(8), remove the 11144, 11145. reference to ‘‘Section of Environmental PART 1247—REPORT OF CARS Analysis’’ and add in its place ‘‘Office PART 1220—PRESERVATION OF LOADED AND CARS TERMINATED of Environmental Analysis’’. RECORDS ■ 84. Revise the authority citation for PART 1182—PURCHASE, MERGER, ■ 76. Revise the authority citation for part 1247 to read as follows: AND CONTROL OF MOTOR part 1220 to read as follows: Authority: 49 U.S.C. 1321, 10707, 11144, 11145. PASSENGER CARRIERS Authority: 49 U.S.C. 1321, 11144, 11145. ■ 69. Revise the authority citation for § 1247.1 [Amended] PART 1242—SEPARATION OF part 1182 to read as follows: ■ COMMON OPERATING EXPENSES 85. In § 1247.1, remove ‘‘http:// Authority: 5 U.S.C. 559; 21 U.S.C. 862; BETWEEN FREIGHT SERVICE AND www.stb.dot.gov’’ and add in its place and 49 U.S.C. 13501, 13541(a), 13902(c), and PASSENGER SERVICE FOR ‘‘www.stb.gov’’. 14303. RAILROADS PART 1248—FREIGHT COMMODITY § 1182.2 [Amended] ■ 77. Revise the authority citation for STATISTICS ■ 70. In § 1182.2(a)(11), remove ‘‘21 part 1242 to read as follows: ■ U.S.C. 853a’’ and add in its place ‘‘21 86. Revise the authority citation for U.S.C. 862’’. (a)(2), remove ‘‘Chief, Lic. Authority: 49 U.S.C. 1321, 11142. part 1248 to read as follows: & Ins. Div., U.S.D.O.T. Office of Motor PART 1243—QUARTERLY OPERATING Authority: 49 U.S.C. 1321, 11144 and 11145. Carriers-HIA 30, 400 Virginia Ave. SW, REPORTS—RAILROADS Ste. 600, Washington, DC 20004’’ and ■ 87. Designate §§ 1248.1 through add in its place ‘‘Federal Motor Carrier ■ 78. Revise the authority citation for 1248.6 as subpart A, and add a heading Safety Administration, Office of part 1243 to read as follows: for subpart A to read as follows:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15081

Subpart A—Railroads Authority: 49 U.S.C. 1321(a), 13702(a), PART 1319—EXEMPTIONS 13702(c) and 13702(d). PART 1253—RATE-MAKING ■ 93. Revise the authority citation for ORGANIZATION; RECORDS AND PART 1312—REGULATIONS FOR THE part 1319 to read as follows: REPORTS PUBLICATION, POSTING AND FILING OF TARIFFS FOR THE Authority: 49 U.S.C. 1321(a) and 13541. ■ 88. Revise the authority citation for TRANSPORTATION OF PROPERTY BY part 1253 to read as follows: PART 1331—APPLICATIONS UNDER OR WITH A WATER CARRIER IN 49 U.S.C. 10706 AND 13703 Authority: 49 U.S.C. 1321, 10706, 13703, NONCONTIGUOUS DOMESTIC TRADE 11144, and 11145. ■ 94. Revise the authority citation for ■ PART 1305—DISCLOSURE AND 91. Revise the authority citation for part 1331 to read as follows: NOTICE OF CHANGE OF RATES AND part 1312 to read as follows: Authority: 49 U.S.C. 1321, 10706 and OTHER SERVICE TERMS FOR Authority: 49 U.S.C. 1321(a), 13702(a), 13703. PIPELINE COMMON CARRIAGE 13702(b) and 13702(d). PART 1333—DEMURRAGE LIABILITY ■ 89. Revise the authority citation for PART 1313—RAILROAD CONTRACTS part 1305 to read as follows: FOR THE TRANSPORTATION OF ■ 95. Revise the authority citation for Authority: 49 U.S.C. 1321(a) and 15701(e). AGRICULTURAL PRODUCTS part 1333 to read as follows: PART 1310—TARIFF REQUIREMENTS ■ 92. Revise the authority citation for Authority: 49 U.S.C. 1321. FOR HOUSEHOLD GOODS CARRIERS part 1313 to read as follows: [FR Doc. 2018–06657 Filed 4–6–18; 8:45 a.m.] ■ 90. Revise the authority citation for Authority: 49 U.S.C. 1321(a) and 10709. BILLING CODE 4915–01–P part 1310 to read as follows:

VerDate Sep<11>2014 16:01 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4700 Sfmt 9990 E:\FR\FM\09APR1.SGM 09APR1 sradovich on DSK3GMQ082PROD with RULES 15082

Proposed Rules Federal Register Vol. 83, No. 68

Monday, April 9, 2018

This section of the FEDERAL REGISTER please call (202) 799–7039 before biosecurity, surveillance, and contains notices to the public of the proposed coming. diagnostics. The committee consists of issuance of rules and regulations. The representatives from the poultry and egg purpose of these notices is to give interested FOR FURTHER INFORMATION CONTACT: Dr. Denise Heard, DVM, Senior industries, universities, and State and persons an opportunity to participate in the Federal governments and is appointed rule making prior to the adoption of the final Coordinator, National Poultry rules. Improvement Plan, VS, APHIS, USDA, by the Senior Coordinator and approved 1506 Klondike Road, Suite 101, by the General Conference Committee.’’ Conyers, GA 30094–5104; (770) 922– We are proposing to amend the DEPARTMENT OF AGRICULTURE 3496. definition to specify that the committee is divided into three subcommittees Animal and Plant Health Inspection SUPPLEMENTARY INFORMATION: (Mycoplasma, Salmonella, and Avian Service Background Influenza), and that committee members The National Poultry Improvement may serve on one, two, or all three of 9 CFR Parts 145, 146, and 147 Plan (NPIP, also referred to below as those subcommittees. For many technical committee members, [Docket No. APHIS–2017–0055] ‘‘the Plan’’) is a cooperative Federal- belonging to all three subcommittees RIN 0579–AE37 State-industry mechanism for controlling certain poultry diseases. The can be time consuming and daunting. Plan consists of a variety of programs Therefore, having the flexibility to serve National Poultry Improvement Plan and on just one or two of the subcommittees Auxiliary Provisions intended to prevent and control poultry diseases. Participation in all Plan if they so choose would allow members AGENCY: Animal and Plant Health programs is voluntary, but breeding to focus their expertise on their specific Inspection Service, USDA. flocks, hatcheries, and dealers must first disease areas. The amended definition would also explain more of the purpose ACTION: Proposed rule. qualify as ‘‘U.S. Pullorum-Typhoid Clean’’ as a condition for participating of the committee, i.e., that it evaluates SUMMARY: We are proposing to amend in the other Plan programs. proposed changes to the regulations and the regulations governing the National The Plan identifies States, program standards and provides Poultry Improvement Plan (NPIP) by independent flocks, hatcheries, dealers, recommendations to the Delegates of the updating and clarifying several and slaughter plants that meet certain National Plan Conference as to whether provisions, including those concerning disease control standards specified in proposals are scientifically or NPIP participation, voting requirements, the Plan’s various programs. As a result, technically sound. In addition to testing procedures, and standards. customers can buy poultry that has amending the definition in the sections These proposed changes were voted on tested clean of certain diseases or that where it currently appears in parts 145 and approved by the voting delegates at has been produced under disease- and 147, we would also add the the NPIP’s 2016 National Plan prevention conditions. definition to part 146 for the sake of Conference. The regulations in 9 CFR parts 145, consistency across the regulations. DATES: We will consider all comments 146, and 147 (referred to below as the Addition of Birds to Existing Flocks regulations) contain the provisions of that we receive on or before May 9, In § 145.4, paragraph (d) states that 2018. the Plan. The Animal and Plant Health Inspection Service (APHIS or the participants in the Plan may not buy or ADDRESSES: You may submit comments Service) amends these provisions from receive products for any purpose from by either of the following methods: time to time to incorporate new nonparticipants unless they are part of • Federal eRulemaking Portal: Go to scientific information and technologies an equivalent program, as determined http://www.regulations.gov/#!docket within the Plan. The changes we are by the Official State Agency. The Detail;D=APHIS-2017-0055. proposing, which are discussed below, regulations do, however, make an • Postal Mail/Commercial Delivery: were approved by the voting delegates exception to that requirement by Send your comment to Docket No. at the Plan’s 2016 Biennial Conference. allowing participants to buy or receive APHIS–2017–0055, Regulatory Analysis Participants and voting delegates at products from flocks that are neither and Development, PPD, APHIS, Station the Biennial Conference represented the participants nor part of an equivalent 3A–03.8, 4700 River Road, Unit 118, poultry industry, flockowners, breeders, program, for use in breeding flocks or Riverdale, MD 20737–1238. hatcherymen, slaughter plants, poultry for experimental purposes, with the Supporting documents and any veterinarians, diagnostic laboratory permission of the Official State Agency comments we receive on this docket personnel, Official State Agencies from (OSA) and the concurrence of APHIS may be viewed at http:// cooperating States, and other poultry and after first segregating the birds www.regulations.gov/#!docket industry affiliates. The proposed before introducing them into the Detail;D=APHIS-2017-0055 or in our amendments are discussed in the order breeding flock, and introducing them reading room, which is located in room they would appear in the regulations. only after they have reached sexual 1141 of the USDA South Building, 14th maturity and have been tested and Street and Independence Avenue SW, Definitions found negative for pullorum-typhoid. Washington, DC. Normal reading room The term NPIP Technical Committee We are proposing to amend that hours are 8 a.m. to 4:30 p.m., Monday is currently defined in § § 145.1, 147.41, testing requirement so that it includes through Friday, except holidays. To be and 147.51 as ‘‘A committee made up of testing not only for pullorum-typhoid, sure someone is there to help you, technical experts on poultry health, but also for any other disease for which

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15083

the flock they are being introduced into and the breeding flocks are located. A the trachea as a sampling site. The holds a disease classification (e.g., M. follow-up of any positive results would trachea is the best anatomical location gallisepticum or M. synoviae). As noted continue to be handled by the to sample for those diseases, and both previously, breeding flocks must first Department and the Official State the choanal cleft and the trachea are qualify as ‘‘U.S. Pullorum-Typhoid Agency and confirmed by NVSL. recommended sampling sites for M. Clean’’ as a condition for participating gallisepticum and M. synoviae detection in the other Plan programs, hence the Reactors by PCR and culture. As part of this current requirement that birds test We are proposing to amend §§ 145.23, change, we would remove references to negative for pullorum-typhoid before 145.33, 145.43, 145.53, 145.63, 145.73, the ‘‘choanal palatine cleft/fissure area’’ being introduced into a flock. Requiring 145.83, and 145.93 regarding the U.S. and simply refer to the choanal cleft for that they also test negative for any other Pullorum-Typhoid Clean classification. clarity’s sake. disease for which the flock holds status The regulations in each of these sections Those same Plan classifications also would ensure that the flock maintains describe the means by which flocks may provide instructions for the number of its eligibility for those other Plan demonstrate freedom from pullorum birds to be sampled. The current programs. and typhoid to the Official State regulations in § 145.53(c) and (d) call for Agency. One of those means is that the a random sample of 50 percent of the Testing flock was officially blood tested with no birds in the flock, with a maximum of The regulations in § 145.14 regarding reactors. 200 birds and a minimum of 30 birds testing state that for Plan programs in In order to take into account the per flock or all birds in the flock if the which a representative sample may be possibility of test results that indicate flock size is less than 30 birds. The tested in lieu of an entire flock, except the presence of a reactor in the flock, phrasing of the sample sizes has been a the ostrich, emu, rhea, and cassowary but that upon further testing are found source of confusion for some growers program in § 145.63(a), the minimum negative for S. pullorum or S. and field technicians who gather the number tested shall be 30 birds per gallinarum, we are proposing to amend samples, so we are proposing to modify house, and when a house contains fewer those sections. Specifically, the the wording to provide more clarity. than 30 birds, all the birds in the house regulations would provide that a flock The actual sample sizes would remain must be tested. However, over the years could demonstrate freedom from the same. a number of Plan programs have been pullorum and typhoid when it has been U.S. Salmonella Monitored amended to allow for alternative officially blood tested with either no sampling and testing approaches. In reactors or reactors that, upon further We are proposing to amend § 145.73 order for the text of § 145.14 to not be bacteriological examination conducted by adding a new paragraph (g), entitled at odds with the provisions governing in accordance with part 147 of the U.S. Salmonella Monitored. The those Plan programs, we would amend regulations, fail to isolate S. pullorum or primary egg-type breeder companies the introductory text of the section to S. gallinarum. routinely monitor their flocks and include the caveat ‘‘unless otherwise chicks for all Salmonella serotypes with specified within the Plan program.’’ Terminology the goal of producing Salmonella-free We are also proposing to amend We are proposing to amend the product. The addition of a Salmonella § 145.14(d) to add provisions for the use regulations in §§ 145.45, 145.74, and Monitored program for primary egg-type of real-time reverse transcriptase 145.84 regarding avian influenza clean breeder companies would formalize polymerase chain reaction (RRT–PCR) compartments. These sections currently those efforts and provide recognition testing for avian influenza (AI) by use the term notifiable avian influenza, and potential additional marketing primary breeder authorized laboratories. or NAI, but that term has been removed opportunities for flocks that choose to The current regulations provide that from the World Health Organization participate. RRT–PCR testing must be conducted (OIE) Terrestrial Code and Terrestrial The provisions of the new paragraph using reagents approved by the Manual. We would instead refer to H5/ would mirror those of existing Department and the Official State H7 avian influenza to harmonize the § 145.83(f), which is the U.S. Salmonella Agency and using the National regulations with current OIE Monitored program for primary meat- Veterinary Services Laboratories (NVSL) terminology. type chicken breeding flocks. We would official protocol for RRT–PCR and reflect this proposed program for performed by personnel who have Shipping Forms primary egg-type chicken breeding passed an NVSL proficiency test. The regulations in § 145.52(d) set out flocks by adding a reference to We are proposing to allow NPIP the information that participating flocks § 145.73(g) to § 145.10(o), which is primary breeder authorized laboratories are to provide in reporting poultry sales where the illustrative design for the U.S. to use federally licensed kits or NVSL to importing States. One of the pieces of Salmonella Monitored program is tests on their own breeding flocks for information required is the NPIP located. more flexibility. An NPIP primary hatchery approval number of the selling Biosecurity Measures breeder authorized laboratory with an hatchery. Because the hatchery that accredited quality assurance program ships the poultry may differ from the The regulations in § 145.82 set out that can satisfactorily pass a proficiency hatchery filling the order, we would participation requirements for primary test provided by the Service using the amend the paragraph to also require the meat-type chicken breeding flocks. We NVSL approved protocol or federally NPIP hatchery approval number of the are proposing to amend this section by licensed kit would be allowed to run shipping hatchery. This would aid in adding a new paragraph (d) that would this assay as a routine surveillance traceback efforts should the need arise. provide that poultry must be protected measure. An authorized laboratory’s use from vectors known to be in the wild of the test would be addressed in the Sampling Sites and thus must be housed in enclosed memorandum of understanding between We are proposing to amend the structures during brooding, rearing, the laboratory, the Official State Agency, regulations in § 145.53 regarding the grow-out, or laying periods with no and the State Animal Health Official of U.S. M. Gallisepticum Clean and U.S. intentional access to the outdoors, the State or States where the laboratory M. Synoviae Clean classifications to add creatures found in the wild or raised on

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15084 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

open range or pasture, or be provided conference, who combines them into universities, and State and Federal with untreated open source water such one report showing, in numerical governments, and therefore would be in as that directly from a pond, stream, or sequence, the committee a position to decide whether the use of spring that wild birds or vermin have recommendations on each proposal. We spiked samples would be useful or access to for usage for drinking water, as are proposing to amend paragraph (d) of appropriate under a given set of a cooling agent, or during a wash down/ that section to provide that, after circumstances. clean out process. These additional completing the combined report, the Paragraph (a)(1) also states that when biosecurity measures are intended to chairman will distribute copies of the evaluating an unlicensed test, protect these flocks from the report electronically to the Official State laboratories should be selected for their introduction of disease from natural Agency in advance of the voting, which experience with testing for the target sources. takes place on the last day of the organism or analyte with the current conference. This would allow the OSA NPIP approved test. For the sake of Sample Size to in turn provide the full report to the clarity, we would add an example of We are proposing to amend § 146.23 delegates from their States, which what is intended by that requirement. to change the testing requirements for would provide them more time to Specifically, we would add ‘‘(e.g., a commercial table-egg laying flocks. The review and discuss the proposals and Salmonella test should be evaluated by current regulations state that a sample of thus make more informed decisions NPIP authorized laboratories that test at least 11 birds from table-egg layer when voting on the proposals. for Salmonella routinely).’’ pullet flocks and table-egg layer flocks Paragraph (a)(3) provides that, when participating in the U.S. H5/H7 Avian Authorized Laboratories evaluating an unlicensed test kit, the Influenza Monitored classification must We are proposing to amend cooperating laboratories must perform a test negative to H5/H7 subtypes of avian § 147.52(a) regarding the administration current NPIP procedure or NPIP influenza within 30 days prior to of check tests at authorized laboratories. approved test on the samples alongside movement. We would change that time The regulations currently state that the test kit for comparison. We are period to 21 days. NPIP will coordinate the distribution of proposing to amend that requirement to We are proposing this change to check tests from NVSL to authorized state that the cooperating laboratory reflect the OIE’s established maximum laboratories. An authorized laboratory must also provide an outline of the incubation period for avian influenza of must use a regularly scheduled check method on the worksheet for diagnostic 21 days. This change would also make test for each assay that it performs. test evaluation and include the H5/H7 Avian Influenza Monitored We are proposing to provide that the reproducibility and robustness data. program for commercial table-egg layers NPIP may approve and authorize This additional requirement would consistent with the corresponding additional laboratories to produce and allow the NPIP Technical Committee to programs for commercial broilers and distribute check tests as needed. This fully evaluate the new test utilizing a turkeys. change would allow us to supplement concise template for information. the supply of check tests produced by Currently, companies submit upwards General Conference Committee NVSL with kits prepared by other 50 pages of raw data to the Technical We are proposing to amend § 147.43 approved laboratories, and NPIP and Committee to evaluate in order to make to clarify election procedures for the NVSL would work together to ensure a recommendation. The new worksheet regional committee members of the that laboratory tests and submissions are is only two pages, and the company General Conference Committee. The accurate. We would also replace the submitting the test would only insert current regulations simply state that current reference to ‘‘regularly the most pertinent information needed regional committee members and their scheduled’’ check tests with a reference for the Technical Committee to evaluate alternates will be elected by the official to ‘‘the next available’’ check test. This that test. The supporting data would delegates of their respective regions; in more accurately describes the manner in also be submitted along with the 2-page practice, the nominee receiving the most which NPIP administers check tests to worksheet, but would only need to be votes would become the committee its authorized laboratories. referenced when something was not member and the nominee in second Approval of Diagnostic Test Kits clear on the worksheet. place would become the alternate. We Finally, the regulations in paragraph are proposing to amend the regulations We are proposing to amend the (a)(4) refer to ‘‘raw data’’ compiled to specify that ballots will be printed to regulations in § 147.54 regarding the during the evaluation of the unlicensed allow the regional delegates to cast a approval of diagnostic test kits not test kit. We are proposing instead to vote for the member and another vote licensed by the Service. First, we would refer to ‘‘compiled output data.’’ This for the alternate. This change would amend paragraph (a)(1), which currently change would reduce the amount of allow the region’s delegates to provides that spiked samples (clinical information (raw data) that companies specifically vote for their committee sample matrix with a known amount of would need to submit to the Technical member and alternate rather than pure culture added) should only be used Committee with the worksheet having the nominee with the second- in the event that no other sample types described in the previous paragraph. By most votes becoming the alternate by are available. (Field samples are eliminating the need for companies to default. preferred due to the often unrealistic submit only their complied output data outcomes of spiked samples.) In order to rather than all the data in its raw form, Committee Consideration of Proposed ensure that spiked samples are used we would reduce by up to half the Changes only as a last resort, we would add a amount of information to be submitted, The regulations in § 147.46 provide requirement that prior approval must be which would also benefit the Technical that various committees make obtained from the NPIP Technical Committee reviewers. recommendations to the conference as a Committee. The NPIP Technical whole concerning each proposal Committee is made up of technical Editorial Correction considered at the biennial conference. experts on poultry health, biosecurity, The regulations in § 145.93 contains The individual committee reports are surveillance, and diagnostics drawn several references to paragraph (a) of submitted to the chairman of the from the poultry and egg industries, that section, which is reserved. We

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15085

would correct those references to cite principally entities engaged in poultry § 145.1 Definitions. paragraph (b). production and processing—are * * * * * predominantly small by Small Business Executive Orders 12866 and 13771 and NPIP Technical Committee. *** Administration standards. In those Regulatory Flexibility Act The NPIP Technical Committee is instances in which an addition or divided into three subcommittees This proposed rule has been modification could potentially result in (Mycoplasma, Salmonella, and Avian determined to be not significant for the a cost to certain entities, we do not Influenza). NPIP Technical Committee purposes of Executive Order 12866 and, expect the costs to be significant. This Members may serve on one, two, or all therefore, has not been reviewed by the proposed rule embodies changes three subcommittees. The committee Office of Management and Budget. decided upon by the NPIP GCC on will evaluate proposed changes to the Further, because this rule is not behalf of Plan members, that is, changes Provisions and Program Standards of significant, it is not a regulatory action recognized by the poultry industry as in the Plan which include, but are not under Executive Order 13771. their interest. We note that NPIP limited to, tests and sanitation In accordance with the Regulatory membership is voluntary. procedures, and provide Flexibility Act, we have analyzed the Under these circumstances, the recommendations to the Delegates of the potential economic effects of this action Administrator of the Animal and Plant National Plan Conference as to whether on small entities. The analysis is Health Inspection Service has they are scientifically or technically summarized below. Copies of the full determined that this action will not sound. analysis are available by contacting the have a significant economic impact on * * * * * person listed under FOR FURTHER a substantial number of small entities. INFORMATION CONTACT or on the § 145.4 [Amended] ADDRESSES Executive Order 12372 Regulations.gov website (see ■ 3. In § 145.4, paragraph (d)(2) is above for instructions for accessing This program/activity is listed in the amended by adding the words ‘‘and any Regulations.gov). Catalog of Federal Domestic Assistance other disease for which the flock into This rulemaking would result in under No. 10.025 and is subject to which the birds are being introduced various changes to 9 CFR parts 145 Executive Order 12372, which requires through 147, modifying provisions of holds a disease classification’’ after the intergovernmental consultation with words ‘‘pullorum-typhoid’’. the National Poultry Improvement Plan State and local officials. (See 2 CFR (NPIP). The modifications are chapter IV.) § 145.10 [Amended] recommended by the NPIP General ■ Executive Order 12988 4. In § 145.10, paragraph (o) is Conference Committee (GCC), which amended by adding the citation represents cooperating State agencies This proposed rule has been reviewed ‘‘§ 145.73(g),’’ after the citation and poultry industry members and under Executive Order 12988, Civil ‘‘§ 145.53(f),’’. advises the Secretary on issues Justice Reform. If this proposed rule is ■ 5. Section 145.14 is amended as pertaining to poultry health. The rule adopted: (1) All State and local laws and follows: would amend definitions, clarify the regulations that are in conflict with this ■ a. In the introductory text, in the third final determination status of pullorum- rule will be preempted; (2) no sentence, by adding the words ‘‘unless typhoid reactors, clarify requirements retroactive effect will be given to this otherwise specified within the Plan prior to comingling, allow for the use of rule; and (3) administrative proceedings program,’’ after the words ‘‘30 birds per reverse transcription polymerase chain will not be required before parties may house,’’ and in the last sentence, by reaction (RRT–PCR) for avian influenza file suit in court challenging this rule. adding the words ‘‘, unless otherwise surveillance under certain conditions, Paperwork Reduction Act specified within the Plan program’’ after clarify testing requirements, update the words ‘‘must be tested’’; and World Organization for Animal Health This proposed rule contains no new ■ b. By revising paragraph (d)(2)(i)(A). terminology, update testing information collection or recordkeeping The revision reads as follows: requirements for M. gallisepticum and requirements under the Paperwork M. synoviae PCR testing, amend Form Reduction Act of 1995 (44 U.S.C. 3501 § 145.14 Testing. 9–31 requirements, add a U.S. et seq.). * * * * * Salmonella Monitored classification List of Subjects in 9 CFR Parts 145, 146, (d) * * * (2) * * * program, amend participation and 147 requirements, amend testing (i) * * * requirements for U.S. H5/H7 AI Animal diseases, Poultry and poultry (A) The RRT–PCR tests must be Monitored Classification Program, products, Reporting and recordkeeping conducted using reagents approved by amend participation and voting requirements. the Department and the Official State requirements, amend Committee Accordingly, we propose to amend 9 Agency. The RRT–PCR must be consideration of proposed changes, CFR parts 145, 146, and 147 as follows: conducted using the National Veterinary clarify check test proficiency Services Laboratories (NVSL) official requirements, and clarify requirements PART 145—NATIONAL POULTRY protocol for RRT–PCR or a test kit for new test submissions. IMPROVEMENT PLAN FOR BREEDING licensed by the Department and These changes would align the POULTRY approved by the Official State Agency and the State Animal Health Official, regulations with international standards ■ 1. The authority citation for part 145 and must be conducted by personnel and make them more transparent to continues to read as follows: APHIS stakeholders and the general who have passed an NVSL proficiency public. The changes in this proposed Authority: 7 U.S.C. 8301–8317; 7 CFR test. For non-National Animal Health rule were voted on and approved by the 2.22, 2.80, and 371.4. Laboratory Network (NAHLN) voting delegates at the Plan’s 2016 ■ 2. In § 145.1, the definition of NPIP authorized laboratories: Biennial Conference. Technical Committee is amended by (1) RRT–PCR testing may be used by The establishments that would be adding three sentences after the last primary breeder company authorized affected by the proposed changes— sentence to read as follows: laboratories.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15086 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

(2) RRT–PCR testing can only be of more than 300, and each bird in ■ 11. Section 145.53 is amended as performed on their own breeding flocks flocks of 300 or less, has been officially follows: and only used for routine surveillance. tested for pullorum-typhoid with either ■ a. By revising paragraphs (b)(1) and (3) The authorized laboratory must no reactors or reactors that, upon further (b)(5); have a quality system that is accredited bacteriological examination conducted ■ b. In paragraph (c)(1)(i), by adding the as ISO/IEC 17025 or equivalent to in accordance with part 147 of this words ‘‘trachea or’’ before the word perform the avian influenza RRT–PCR subchapter, fail to isolate S. pullorum or ‘‘choanal’’ and by removing the words assay. S. gallinarum: Provided, That a ‘‘palatine cleft/fissure area’’ and adding (4) The use of the RRT–PCR test by bacteriological examination monitoring the word ‘‘cleft’’ in their place. the authorized laboratory must be program acceptable to the Official State ■ c. By revising paragraph (c)(1)(ii) approved in the memorandum of Agency and approved by APHIS may be introductory text; understanding (MOU) between the used in lieu of blood testing. ■ d. In paragraph (c)(1)(ii)(A), by adding the words ‘‘trachea or’’ before the word authorized laboratory, the Official State * * * * * Agency, and the State Animal Health ■ 9. Section 145.45 is amended as ‘‘choanal’’ and by removing the words Official(s) of both the location of the follows: ‘‘palatine cleft/fissure area’’ and adding authorized laboratory and the location ■ a. By revising paragraph (a) the word ‘‘cleft’’ in their place; ■ where the breeding flocks reside. introductory text; and e. In paragraph (d)(1)(i), by adding the (5) Split samples for testing must ■ b. By removing the word ‘‘NAI’’ and words ‘‘trachea or’’ before the word occur between the authorized laboratory adding the words ‘‘H5/H7 AI’’ in its ‘‘choanal’’ and by removing the words and a NAHLN laboratory at a frequency place each time it appears in the ‘‘palatine cleft/fissure area’’ and adding designated in the MOU. following paragraphs: the word ‘‘cleft’’ in their place. ■ * * * * * ■ i. Paragraph (a)(1), introductory text; f. By revising paragraph (d)(1)(ii) ■ 6. In § 145.23, paragraph (b)(1) is ■ ii. Paragraph (a)(1)(i); introductory text; and ■ revised to read as follows: ■ iii. Paragraph (a)(1)(iii), introductory g. In paragraph (d)(1)(ii)(A), by adding text; the words ‘‘trachea or’’ before the word § 145.23 Terminology and classification; ■ iv. Paragraph (a)(1)(v); ‘‘choanal’’ and by removing the words flocks and products. ■ v. Paragraph (a)(2)(iii); and ‘‘palatine cleft/fissure area’’ and adding * * * * * ■ vi. Paragraph (a)(4). the word ‘‘cleft’’ in their place. (b) * * * The revision reads as follows: The revisions read as follows: (1) It has been officially blood tested § 145.53 Terminology and classification; with either no reactors or reactors that, § 145.45 Terminology and classification; compartments. flocks and products. upon further bacteriological examination conducted in accordance (a) US H5/H7 AI Clean Compartment. * * * * * with part 147 of this subchapter, fail to This program is intended to be the basis (b) * * * (1) It has been officially blood tested isolate S. pullorum or S. gallinarum. from which the primary turkey breeding-hatchery industry may within the past 12 months with either * * * * * demonstrate the existence and no reactors or reactors that, upon further ■ 7. In § 145.33, paragraph (b)(1) is implementation of a program that has bacteriological examination conducted revised to read as follows: been approved by the Official State in accordance with part 147 of this § 145.33 Terminology and classification; Agency and APHIS to establish a subchapter, fail to isolate S. pullorum or flocks and products. compartment consisting of a primary S. gallinarum. * * * * * breeding-hatchery company that is free * * * * * (b) * * * of H5/H7 avian influenza (AI). For the (5) It is a primary breeding flock (1) It has been officially blood tested purpose of the compartment, avian located in a State determined to be in with either no reactors or reactors that, influenza is defined according to the compliance with the provisions of upon further bacteriological OIE Terrestrial Animal Health Code paragraph (b)(4) of this section, and in examination conducted in accordance Chapter 10.4. This compartment has the which a sample of 300 birds from flocks with part 147 of this subchapter, fail to purpose of protecting the defined of more than 300, and each bird in isolate S. pullorum or S. gallinarum. subpopulation and avoiding the flocks of 300 or less, has been officially * * * * * introduction and spread of H5/H7 AI tested for pullorum-typhoid within the ■ 8. In § 145.43, paragraphs (b)(1) and within that subpopulation by past 12 months with either no reactors (5) are revised to read as follows: prohibiting contact with other or reactors that, upon further commercial poultry operations, other bacteriological examination conducted § 145.43 Terminology and classification; domestic and wild birds, and other in accordance with part 147 of this flocks and products. intensive animal operations. The subchapter, fail to isolate S. pullorum or * * * * * program shall consist of the following: S. gallinarum: Provided, That a (b) * * * * * * * * bacteriological examination monitoring (1) It has been officially blood tested ■ 10. Section 145.52 is amended by program or serological examination with either no reactors or reactors that, redesignating paragraphs (d)(7) and monitoring program for game birds upon further bacteriological (d)(8) as paragraphs (d)(8) and (d)(9), acceptable to the Official State Agency examination conducted in accordance respectively, and by adding a new and approved by the Service may be with part 147 of this subchapter, fail to paragraph (d)(7) to read as follows: used in lieu of annual blood testing: isolate S. pullorum or S. gallinarum. And Provided further, That when a flock * * * * * § 145.52 Participation. is a hobbyist or exhibition waterfowl or (5) It is a primary breeding flock * * * * * exhibition poultry primary breeding located in a State determined to be in (d) * * * flock located in a State which has been compliance with the provisions of (7) The NPIP hatchery approval deemed to be a U.S. Pullorum-Typhoid paragraph (b)(4) of this section and in number of the shipping hatchery; Clean State for the past 3 years, and which a sample of 300 birds from flocks * * * * * during which time no isolation of

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15087

pullorum or typhoid has been made that officially tested for pullorum-typhoid the following requirements, as can be traced to a source in that State, within the past 12 months with either determined by the Official State Agency: a bacteriological examination no reactors or reactors that, upon further (i) The flock is maintained in monitoring program or a serological bacteriological examination conducted accordance with part 147 of this examination monitoring program in accordance with part 147 of this subchapter with respect to flock acceptable to the Official State Agency subchapter, fail to isolate S. pullorum or sanitation, cleaning and disinfection, and approved by the Service may be S. gallinarum; or and Salmonella isolation, sanitation, used in lieu of annual blood testing. (B) It is a multiplier or primary and management. (c) * * * breeding flock of 300 birds or more in (ii) Measures shall be implemented to (1) * * * which a sample of a minimum of 30 control Salmonella challenge through (ii) It is a multiplier breeding flock birds has been officially tested for feed, feed storage, and feed transport. which originated as U.S. M. pullorum-typhoid within the past 12 (iii) Chicks shall be hatched in a Gallisepticum Clean baby poultry from months with either no reactors or hatchery whose sanitation is maintained primary breeding flocks and from which reactors that, upon further in accordance with part 147 of this a random sample of birds has been bacteriological examination conducted subchapter and sanitized or fumigated tested for M. gallisepticum as provided in accordance with part 147 of this in accordance with part 147 of this in § 145.14(b) when more than 4 months subchapter, fail to isolate S. pullorum or subchapter. of age or upon reaching sexual maturity. S. gallinarum. (iv) An Authorized Agent shall take environmental samples from the For flocks of more than 400 birds, 200 * * * * * birds shall be tested. For flocks of 60 to ■ 13. Section 145.73 is amended as hatchery every 30 days; i.e., meconium 400 birds, 50 percent of the birds shall follows: or chick papers. An authorized be tested. For flocks of fewer than 60 ■ a. By revising paragraphs (b)(1) and laboratory for Salmonella shall examine birds, all birds shall be tested up to a (b)(2)(ii); and the samples bacteriologically. maximum of 30 birds: Provided, that to ■ b. By adding paragraph (g). (v) An Authorized Agent shall take retain this classification, the flock shall The revisions and addition read as environmental samples in accordance be subjected to one of the following follows: with part 147 of this subchapter from procedures: each flock at 4 months of age and every § 145.73 Terminology and classification; 30 days thereafter. An authorized * * * * * flocks and products. (d) * * * laboratory for Salmonella shall examine (1) * * * * * * * * the environmental samples (ii) It is a multiplier breeding flock (b) * * * bacteriologically. All Salmonella that originated as U.S. M. Synoviae (1) It has been officially blood tested isolates from a flock shall be Clean chicks from primary breeding with either no reactors or reactors that, serogrouped and shall be reported to the flocks and from which a random sample upon further bacteriological Official State Agency on a monthly of birds has been tested for M. synoviae examination conducted in accordance basis. as provided in § 145.14(b) when more with part 147 of this subchapter, fail to (vi) Owners of flocks may vaccinate than 4 months of age or upon reaching isolate S. pullorum or S. gallinarum. with a paratyphoid vaccine: Provided, (2) * * * sexual maturity. For flocks of more than That a sample of 350 birds, which will (ii) In the primary breeding flock, a 400 birds, 200 birds shall be tested. For be banded for identification, shall sample of 300 birds from flocks of more flocks of 60 to 400 birds, 50 percent of remain unvaccinated until the flock than 300, and each bird in flocks of 300 the birds shall be tested. For flocks of reaches at least 4 months of age to allow or less, has been officially tested for fewer than 60 birds, all birds shall be for the serological testing required pullorum-typhoid with either no tested up to a maximum of 30 birds: under paragraph (g)(1)(iv) of this reactors or reactors that, upon further Provided, that to retain this section. bacteriological examination conducted classification, the flock shall be (vii) Any flock entering the in accordance with part 147 of this subjected to one of the following production period that is in compliance subchapter, fail to isolate S. pullorum or procedures: with all the requirements of this S. gallinarum: Provided, That a paragraph (g) with no history of * * * * * bacteriological examination monitoring Salmonella isolations shall be ■ 12. Section 145.63 is amended by program acceptable to the Official State considered ‘‘Salmonella negative’’ and revising paragraphs (a)(1) and (a)(2)(i) as Agency and approved by APHIS may be may retain this definition as long as no follows: used in lieu of blood testing. environmental or bird Salmonella § 145.63 Terminology and classification; * * * * * isolations are identified and confirmed flocks and products. (g) U.S. Salmonella Monitored. This from the flock or flock environment by * * * * * program is intended to be the basis from sampling on four separate collection (a) * * * which the primary egg-type breeder dates over a minimum of a 2-week (1) It has been officially blood tested industry may conduct a program for the period. Sampling and testing must be within the past 12 months with either prevention and control of salmonellosis. performed as described in paragraph no reactors or reactors that, upon further It is intended to reduce the incidence of (g)(1)(vi) of this section. An bacteriological examination conducted Salmonella organisms in hatching eggs unconfirmed environmental Salmonella in accordance with part 147 of this and chicks through an effective and isolation shall not change this subchapter, fail to isolate S. pullorum or practical sanitation program at the Salmonella negative status. S. gallinarum. breeder farm and in the hatchery. This (2) The Official State Agency may (2) * * * will afford other segments of the poultry monitor the effectiveness of the (i)(A) It is a multiplier or primary industry an opportunity to reduce the sanitation practices in accordance with breeding flock of fewer than 300 birds incidence of Salmonella in their part 147 of this subchapter. in which a sample of 10 percent of the products. (3) In order for a hatchery to sell birds in a flock or at least 1 bird from (1) A flock and the hatching eggs and products of paragraphs (g)(1)(i) through each pen, whichever is more, has been chicks produced from it that have met (vii) of this section, all products

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15088 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

handled shall meet the requirements of in accordance with part 147 of this S. gallinarum: Provided, That when a the classification. subchapter, fail to isolate S. pullorum or flock is a primary breeding flock located (4) This classification may be revoked S. gallinarum: Provided, That a in a State which has been deemed to be by the Official State Agency if the bacteriological examination monitoring a U.S. Pullorum-Typhoid Clean State for participant fails to follow recommended program acceptable to the Official State the past 3 years, and during which time corrective measures. Agency and approved by APHIS may be no isolation of pullorum or typhoid has used in lieu of blood testing. been made that can be traced to a source § 145.74 [Amended] * * * * * in that State, a bacteriological ■ 14. Section 145.74 is amended as examination monitoring program or a follows: § 145.84 [Amended] serological examination monitoring ■ a. In paragraph (a) introductory text, ■ 17. Section 145.84 is amended as program acceptable to the Official State in the first sentence, by removing the follows: Agency and approved by the Service words ‘‘, also referred to as notifiable ■ a. In the introductory text of may be used in lieu of annual blood avian influenza (NAI)’’ and, in the paragraph (a), in the first sentence, by testing. second sentence, by removing the word removing the words ‘‘, also referred to * * * * * ‘‘NAI’’ and adding the words ‘‘H5/H7 as notifiable avian influenza (NAI)’’ and, AI’’ in its place; and in the second sentence, by removing the PART 146—NATIONAL POULTRY ■ b. By removing the word ‘‘NAI’’ and word ‘‘NAI’’ and adding the words ‘‘H5/ IMPROVEMENT PLAN FOR adding the words ‘‘H5/H7 AI’’ in its H7 AI’’ in its place; and COMMERCIAL POULTRY place each time it appears in the ■ b. By removing the word ‘‘NAI’’ and following paragraphs: adding the words ‘‘H5/H7 AI’’ in its ■ 19. The authority citation for part 146 ■ i. Paragraph (a)(1), introductory text; place each time it appears in the continues to read as follows: ■ ii. Paragraph (a)(1)(i); following paragraphs: Authority: 7 U.S.C. 8301–8317; 7 CFR ■ iii. Paragraph (a)(1)(iii), introductory ■ i. Paragraph (a)(1) introductory text; 2.22, 2.80, and 371.4. text; ■ ii. Paragraph (a)(1)(i); ■ 20. In § 146.1, a definition of NPIP ■ ■ iv. Paragraph (a)(1)(v); iii. Paragraph (a)(1)(iii) introductory Technical Committee is added in ■ v. Paragraph (a)(2)(iii); and text; alphabetical order to read as follows: ■ vi. Paragraph (a)(4). ■ iv. Paragraph (a)(1)(v); ■ 15. Section 145.82 is amended by ■ v. Paragraph (a)(2)(iii); and § 146.1 Definitions. adding paragraph (d) to read as follows: ■ vi. Paragraph (a)(4). * * * * * ■ 18. Section 145.93 is amended as § 145.82 Participation. NPIP Technical Committee. A follows: committee made up of technical experts * * * * * ■ a. By revising paragraph (b)(1); on poultry health, biosecurity, ■ (d) Poultry must be protected from b. In paragraph (b)(3)(viii), by surveillance, and diagnostics. The vectors known to be in the wild and removing the words ‘‘paragraphs committee consists of representatives thus must be housed in enclosed (a)(3)(i),’’ and adding the words from the poultry and egg industries, structures during brooding, rearing, ‘‘paragraphs (b)(3)(i),’’ in their place; universities, and State and Federal ■ grow-out, or laying periods with no c. In paragraph (b)(4), by removing the governments and is appointed by the intentional access to the outdoors, words ‘‘paragraph (a)(3)’’ and adding the Senior Coordinator and approved by the creatures found in the wild, or raised on words ‘‘paragraph (b)(3)’’ in their place; General Conference Committee. The open range or pasture, or be provided and ■ NPIP Technical Committee is divided with untreated open source water such d. By revising paragraph (b)(5). into three subcommittees (Mycoplasma, The revisions read as follows: as that directly from a pond, stream, or Salmonella, and Avian Influenza). NPIP spring that wild birds or vermin have § 145.93 Terminology and classification; Technical Committee Members may access to for usage for drinking water, as flocks and products. serve on one, two, or all three a cooling agent, or during a wash down/ * * * * * subcommittees. The committee will clean out process. evaluate proposed changes to the ■ 16. Section 145.83 is amended by (b) * * * (1) It has been officially blood tested Provisions and Program Standards of revising paragraphs (b)(1) and (b)(2)(ii) within the past 12 months with either the Plan which include, but are not to read as follows: no reactors or reactors that, upon further limited to, tests and sanitation § 145.83 Terminology and classification; bacteriological examination conducted procedures, and provide flocks and products. in accordance with part 147 of this recommendations to the Delegates of the * * * * * subchapter, fail to isolate S. pullorum or National Plan Conference as to whether (b) * * * S. gallinarum. they are scientifically or technically (1) It has been officially blood tested * * * * * sound. with either no reactors or reactors that, (5) It is a primary breeding flock * * * * * upon further bacteriological located in a State determined to be in § 146.23 [Amended] examination conducted in accordance compliance with provisions of ■ with part 147 of this subchapter, fail to paragraph (b)(3) of this section, and in 21. In § 146.23, paragraphs (a)(1)(i) isolate S. pullorum or S. gallinarum. which a sample of 300 birds from flocks and (2)(i) are amended by removing the (2) * * * of more than 300, and each bird in number ‘‘30’’ and adding the number (ii) In the primary breeding flock, a flocks of 300 or less, has been officially ‘‘21’’ in its place. sample of 300 birds from flocks of more tested for pullorum-typhoid within the PART 147—AUXILIARY PROVISIONS than 300, and each bird in flocks of 300 past 12 months with either no reactors ON NATIONAL POULTRY or less, has been officially tested for or reactors that, upon further IMPROVEMENT PLAN pullorum-typhoid with either no bacteriological examination conducted reactors or reactors that, upon further in accordance with part 147 of this ■ 22. The authority citation for part 147 bacteriological examination conducted subchapter, fail to isolate S. pullorum or continues to read as follows:

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15089

Authority: 7 U.S.C. 8301–8317; 7 CFR Provisions and Program Standards of significance of the effect(s) can be 2.22, 2.80, and 371.4. the Plan which include, but are not evaluated. ■ 23. In § 147.41, the definition of NPIP limited to, tests and sanitation * * * * * Technical Committee is amended by procedures, and provide (3) The kit will be provided to the adding three sentences after the last recommendations to the Delegates of the cooperating laboratories in its final form sentence to read as follows: National Plan Conference as to whether and include the instructions for use. they are scientifically or technically The cooperating laboratories must § 147.41 Definitions. sound. perform the assay exactly as stated in * * * * * ■ 27. In § 147.52, paragraph (a) is the supplied instructions. Each NPIP Technical Committee. *** revised to read as follows: laboratory must test a panel of at least The NPIP Technical Committee is § 147.52 Authorized laboratories. 25 known positive samples. In addition, divided into three subcommittees each laboratory must test at least 50 (Mycoplasma, Salmonella, and Avian * * * * * (a) Check-test proficiency. The NPIP known negative samples obtained from Influenza). NPIP Technical Committee several sources, to provide a Members may serve on one, two, or all will serve as the lead agency for the coordination of available check tests representative sampling of the general three subcommittees. The committee population. The cooperating will evaluate proposed changes to the from the National Veterinary Services Laboratories. Further, the NPIP may laboratories must perform a current Provisions and Program Standards of NPIP procedure or NPIP approved test the Plan which include, but are not approve and authorize additional laboratories to produce and distribute a on the samples alongside the test kit for limited to, tests and sanitation comparison and must provide an procedures, and provide check test as needed. The authorized laboratory must use the next available outline of the method on the worksheet recommendations to the Delegates of the for diagnostic test evaluation. National Plan Conference as to whether check test for each assay that it performs. Reproducibility and robustness data they are scientifically or technically should also be included. sound. * * * * * ■ (4) Cooperating laboratories will * * * * * 28. In § 147.54, paragraphs (a)(1), (3), submit to the kit manufacturer all ■ 24. In § 147.43, paragraph (b) is and (4) are revised to read as follows: compiled output data regarding the amended by adding a sentence after the § 147.54 Approval of diagnostic test kits assay response. Each sample tested will second sentence to read as follows: not licensed by the Service. be reported as positive or negative, and § 147.43 General Conference Committee. (a) * * * the official NPIP procedure used to (1) The sensitivity of the kit will be classify the sample must be submitted * * * * * in addition to the assay response value. (b) * * * The ballots for electing evaluated in at least three NPIP A completed worksheet for diagnostic regional committee members and their authorized laboratories by testing test evaluation is required to be alternates will be printed in such a way known positive samples, as determined submitted with the compiled output as to allow the specific selection of one by the official NPIP procedures found in data and may be obtained by contacting nominee for member, and one nominee the NPIP Program Standards or through the NPIP Senior Coordinator. Data and for alternate from the remaining other procedures approved by the the completed worksheet for diagnostic nominees. * * * Administrator. Field samples, for which the presence or absence of the target test evaluation must be submitted to the * * * * * organism or analyte has been NPIP Senior Coordinator 4 months prior ■ 25. In § 147.46, paragraph (d) is determined by the current NPIP test, are to the next scheduled General amended by adding a sentence after the the preferred samples and should be Conference Committee meeting, which last sentence to read as follows: used when possible. Samples from a is when approval will be sought. § 147.46 Committee consideration of variety of field cases representing a * * * * * proposed changes. range of low, medium, and high analyte Done in Washington, DC, this 3rd day of * * * * * concentrations should be used. In some April 2018. (d) * * * Once completed, the cases it may be necessary to utilize Kevin Shea, samples from experimentally infected combined committee report will be Administrator, Animal and Plant Health distributed electronically to the Official animals. Spiked samples (clinical Inspection Service. sample matrix with a known amount of State Agencies prior to the delegates [FR Doc. 2018–07076 Filed 4–6–18; 8:45 am] voting on the final day of the biennial pure culture added) should only be used BILLING CODE 3410–34–P conference. in the event that no other sample types * * * * * are available. When the use of spiked ■ 26. In § 147.51, the definition of NPIP samples may be necessary, prior approval from the NPIP Technical DEPARTMENT OF HEALTH AND Technical Committee is amended by HUMAN SERVICES adding three sentences after the last Committee is required. Pure cultures should never be used. Additionally, sentence to read as follows: Food and Drug Administration laboratories should be selected for their § 147.51 Definitions. experience with testing for the target 21 CFR Part 73 * * * * * organism or analyte with the current NPIP Technical Committee. *** NPIP approved test. (e.g., a Salmonella [Docket No. FDA–2018–C–1007] The NPIP Technical Committee is test should be evaluated by NPIP divided into three subcommittees authorized laboratories that test for Aker BioMarine; Filing of Color (Mycoplasma, Salmonella, and Avian Salmonella routinely). If certain Additive Petition Influenza). NPIP Technical Committee conditions or interfering substances are AGENCY: Food and Drug Administration, Members may serve on one, two, or all known to affect the performance of the HHS. three subcommittees. The committee kit, appropriate samples will be ACTION: Notification of petition. will evaluate proposed changes to the included so that the magnitude and

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15090 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

SUMMARY: The Food and Drug • Mail/Hand delivery/Courier (for and/or go to the Dockets Management Administration (FDA, the Agency, or written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, we) is announcing that we have filed a Management Staff (HFA–305), Food and Rockville, MD 20852. petition, submitted by Aker BioMarine, Drug Administration, 5630 Fishers proposing that the color additive Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: regulations be amended to provide for • For written/paper comments Stephen DiFranco, Center for Food the safe use of Antarctic krill meal submitted to the Dockets Management Safety and Applied Nutrition (HFS– which is composed of the ground and Staff, FDA will post your comment, as 265), Food and Drug Administration, dried tissue of Euphausia superba, for well as any attachments, except for 5001 Campus Dr., College Park, MD use in the feed of salmonid fish. The use information submitted, marked and 20740, 240–402–2710. identified, as confidential, if submitted would enhance the color of the SUPPLEMENTARY INFORMATION: Under the salmonid fish flesh. as detailed in ‘‘Instructions.’’ Instructions: All submissions received Federal Food, Drug, and Cosmetic Act DATES: Submit either electronic or must include the Docket No. FDA– (section 721(d)(1) (21 U.S.C. written comments on the petitioner’s 2018–C–1007 for ‘‘Aker BioMarine; 379e(d)(1))), we are giving notice that environmental assessment by May 9, Filing of Color Additive Petition.’’ we have filed a color additive petition 2018. Received comments, those filed in a (CAP 5C0303), submitted by Aker ADDRESSES: You may submit comments timely manner (see ADDRESSES), will be BioMarine, c/o Intertek Scientific & as follows. Please note that late, placed in the docket and, except for Regulatory Consultancy (Aker untimely filed comments will not be those submitted as ‘‘Confidential BioMarine), Rm. 1036, Building A8 considered. Electronic comments must Submissions,’’ publicly viewable at Cody Technology Park, Ively Road, be submitted on or before May 9, 2018. https://www.regulations.gov or at the Farnborough, Hampshire, GU14 0LX, The https://www.regulations.gov Dockets Management Staff between 9 UK. The petition proposes to amend the electronic filing system will accept a.m. and 4 p.m., Monday through color additive regulations in part 73 (21 Friday. CFR part 73) Listing of Color Additives comments until midnight Eastern Time • at the end of May 9, 2018. Comments Confidential Submissions—To Exempt From Certification to provide received by mail/hand delivery/courier submit a comment with confidential for the safe use of Antarctic krill meal (for written/paper submissions) will be information that you do not wish to be which is composed of the ground and made publicly available, submit your considered timely if they are dried tissue of Euphausia superba, for comments only as a written/paper postmarked or the delivery service use in the feed of salmonid fish. The use submission. You should submit two acceptance receipt is on or before that of such feed would enhance the color of date. copies total. One copy will include the information you claim to be confidential the salmonid fish flesh. Electronic Submissions with a heading or cover note that states We are reviewing the potential ‘‘THIS DOCUMENT CONTAINS Submit electronic comments in the environmental impact of this petition. CONFIDENTIAL INFORMATION.’’ The following way: To encourage public participation • Agency will review this copy, including consistent with regulations issued under Federal eRulemaking Portal: the claimed confidential information, in https://www.regulations.gov. Follow the the National Environmental Policy Act its consideration of comments. The (40 CFR 1501.4(b)), we are placing the instructions for submitting comments. second copy, which will have the Comments submitted electronically, environmental assessment submitted claimed confidential information with the petition that is the subject of including attachments, to https:// redacted/blacked out, will be available www.regulations.gov will be posted to this notice on public display at the for public viewing and posted on Dockets Management Staff (see the docket unchanged. Because your https://www.regulations.gov. Submit ADDRESSES) for public review and comment will be made public, you are both copies to the Dockets Management comment. solely responsible for ensuring that your Staff. If you do not wish your name and comment does not include any contact information to be made publicly We will also place on public display, confidential information that you or a available, you can provide this in the Dockets Management Staff and at third party may not wish to be posted, information on the cover sheet and not https://www.regulations.gov, any such as medical information, your or in the body of your comments and you amendments to, or comments on, the anyone else’s Social Security number, or must identify this information as petitioner’s environmental assessment confidential business information, such ‘‘confidential.’’ Any information marked without further announcement in the as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed Federal Register. If, based on our that if you include your name, contact except in accordance with 21 CFR 10.20 review, we find that an environmental information, or other information that and other applicable disclosure law. For impact statement is not required, and identifies you in the body of your more information about FDA’s posting this petition results in a regulation, we comments, that information will be of comments to public dockets, see 80 posted on https://www.regulations.gov. will publish the notice of availability of FR 56469, September 18, 2015, or access our finding of no significant impact and • If you want to submit a comment the information at: https://www.gpo.gov/ the evidence supporting that finding with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- with the regulation in the Federal do not wish to be made available to the 23389.pdf. public, submit the comment as a Docket: For access to the docket to Register in accordance with 21 CFR written/paper submission and in the read background documents or the 25.51(b). manner detailed (see ‘‘Written/Paper electronic and written/paper comments Dated: April 3, 2018. Submissions’’ and ‘‘Instructions’’). received, go to https:// Leslie Kux, www.regulations.gov and insert the Written/Paper Submissions Associate Commissioner for Policy. docket number, found in brackets in the [FR Doc. 2018–07155 Filed 4–6–18; 8:45 am] Submit written/paper submissions as heading of this document, into the follows: ‘‘Search’’ box and follow the prompts BILLING CODE 4164–01–P

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 9990 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15091

DEPARTMENT OF THE TREASURY Background on Viticultural Areas the procedure for proposing an AVA and provides that any interested party TTB Authority Alcohol and Tobacco Tax and Trade may petition TTB to establish a grape- Bureau Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) 27 CFR Part 9 U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the of the Treasury to prescribe regulations establishment or modification of AVAs. [Docket No. TTB–2018–0005; Notice No. for the labeling of wine, distilled spirits, 174] Petitions to establish an AVA must and malt beverages. The FAA Act include the following: RIN 1513–AC38 provides that these regulations should, • Evidence that the area within the among other things, prohibit consumer proposed AVA boundary is nationally Proposed Establishment of the Upper deception and the use of misleading or locally known by the AVA name Hudson Viticultural Area statements on labels and ensure that specified in the petition; labels provide the consumer with • An explanation of the basis for AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity defining the boundary of the proposed Trade Bureau, Treasury. and quality of the product. The Alcohol AVA; ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau • A narrative description of the (TTB) administers the FAA Act features of the proposed AVA affecting SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the viticulture, such as climate, geology, and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, soils, physical features, and elevation, establish the approximately 1,500- codified at 6 U.S.C. 531(d). The that make the proposed AVA distinctive square mile ‘‘Upper Hudson’’ Secretary has delegated various and distinguish it from adjacent areas viticultural area in all or portions of authorities through Treasury outside the proposed AVA boundary; Albany, Montgomery, Rensselaer, Department Order 120–01, dated • The appropriate United States Saratoga, Schenectady, Schoharie, and December 10, 2013, (superseding Geological Survey (USGS) map(s) Washington Counties in New York. The Treasury Order 120–01, dated January showing the location of the proposed proposed viticultural area does not lie 24, 2003), to the TTB Administrator to AVA, with the boundary of the within, nor does it contain, any other perform the functions and duties in the proposed AVA clearly drawn thereon; established viticultural area. TTB administration and enforcement of these and designates viticultural areas to allow provisions. • A detailed narrative description of vintners to better describe the origin of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on their wines and to allow consumers to part 4) authorizes TTB to establish USGS map markings. better identify wines they may definitive viticultural areas and regulate Upper Hudson Petition purchase. TTB invites comments on this the use of their names as appellations of proposed addition to its regulations. origin on wine labels and in wine TTB received a petition from Andrew DATES: Comments must be received by advertisements. Part 9 of the TTB and Kathleen Weber, owners of June 8, 2018. regulations (27 CFR part 9) sets forth Northern Cross Vineyard, on behalf of ADDRESSES: Please send your comments standards for the preparation and local grape growers and vintners, on this proposed rule to one of the submission of petitions for the proposing to establish the following addresses: establishment or modification of approximately 1,500-square mile • Internet: http://www.regulations.gov American viticultural areas (AVAs) and ‘‘Upper Hudson’’ AVA. Nineteen (via the online comment form for this lists of the approved AVAs. commercial vineyards, covering approximately 67.5 acres, are proposed rule as posted within Docket Definition No. TTB–2018–0005 at distributed across the proposed AVA. ‘‘Regulations.gov,’’ the Federal e- Section 4.25(e)(1)(i) of the TTB According to the petition, several rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines vineyard owners are planning to expand • U.S. Mail: Director, Regulations and a viticultural area for American wine as their vineyards by a total of 14 Rulings Division, Alcohol and Tobacco a delimited grape-growing region having additional acres in the near future, and Tax and Trade Bureau, 1310 G Street distinguishing features, as described in 4 new vineyards are also planned. All NW, Box 12, Washington, DC 20005; or part 9 of the regulations, and a name 19 of the vineyards within the proposed • Hand delivery/courier in lieu of and a delineated boundary, as AVA also have attached wineries. mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. The distinguishing feature of the Trade Bureau, 1310 G Street NW, Suite These designations allow vintners and proposed Upper Hudson AVA is its 400, Washington, DC 20005. consumers to attribute a given quality, climate. Unless otherwise noted, all See the Public Participation section of reputation, or other characteristic of a information and data pertaining to the this proposed rule for specific wine made from grapes grown in an area proposed AVA contained in this instructions and requirements for to the wine’s geographic origin. The proposed rule comes from the petition submitting comments, and for establishment of AVAs allows vintners for the proposed Upper Hudson AVA information on how to request a public to describe more accurately the origin of and its supporting exhibits. their wines to consumers and helps hearing or view or request copies of the Name Evidence petition and supporting materials. consumers to identify wines they may purchase. Establishment of an AVA is The proposed Upper Hudson AVA is FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement located along the Hudson River. Karen A. Thornton, Regulations and by TTB of the wine produced in that According to the petition, the term Rulings Division, Alcohol and Tobacco area. ‘‘Upper Hudson’’ is used to describe the Tax and Trade Bureau, 1310 G Street non-tidal portion of the river above the NW, Box 12, Washington, DC 20005; Requirements Federal Dam in Troy, New York. For phone (202) 453–1039, ext. 175. Section 4.25(e)(2) of the TTB example, the U.S. Geological Survey has SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines a web page with information about the

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15092 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Hudson River watershed in the region of Distinguishing Features conducted at several universities, most ¥ the proposed AVA titled ‘‘USGS Water The distinguishing feature of the of these varietals are cold hardy to 15 Resources Links for the Upper proposed Upper Hudson AVA is its degrees F, while Pinot Noir is cold 1 ¥ Hudson.’’ The petition also included a climate. The petition included hardy only to 8 degrees F. Because ‘‘USA Today’’ article about kayaking information on the USDA plant winter temperatures within the trips within the region that includes the proposed Upper Hudson AVA regularly hardiness zones and the growing degree ¥ proposed AVA and is titled ‘‘Kayaking day accumulations (GDDs) 5 for the drop as low as 20 degrees, these 2 in the Upper Hudson.’’ proposed AVA and the surrounding varietals would not be suitable for The petition included a listing of areas. growing within the proposed AVA. organizations and businesses within the Growing Degree Days proposed AVA that use the name Plant Hardiness Zones ‘‘Upper Hudson.’’ The Phi Beta Kappa The USDA plant hardiness zone map The petition included a graph fraternal organization 3, and the included in the petition divides the showing the average GDD Editorial Freelancers Association 4 both United States into zones based on the accumulations for 19 locations within have chapters within the proposed average annual minimum winter the proposed AVA and the surrounding boundaries of the AVA referred to as temperature. The map is divided into 13 areas. Six of these locations are within ‘‘Upper Hudson.’’ The Upper Hudson zones, from the coolest zone 1 to the the proposed AVA, and the remainder Green Party and the Upper Hudson warmest zone 13. Each zone has a 10- are from the surrounding areas. The Peace Action are two other degree Fahrenheit (F) range and is graph may be viewed in its entirety on organizations located within the further divided into two 5-degree F sub- Regulations.gov as part of the public proposed AVA. The Upper Hudson zones, which are designated ‘‘a’’ and docket, Docket No. TTB–2018–0005. Research Center provides laboratory and ‘‘b’’. According to the map, the The following table lists only the field station facilities within the proposed Upper Hudson AVA falls into locations in the graph for which at least proposed AVA for researchers of zones 5a and 5b. Average minimum 3 years of data was available, as well as Rensselaer Polytechnic Institute who temperatures in these zones range from the location’s direction relevant to the study freshwater habitats. Medical ¥20 to ¥15 degrees F. The petition proposed AVA. facilities within the proposed AVA states that these average minimum include Upper Hudson Dermatology and winter temperatures are cold enough to LOCATIONS WITH GDD DATA Upper Hudson Primary Care. Finally, damage or even kill many varietals of AVAILABLE FROM 2012–2014 Upper Hudson Farm Direct provides grapes. Therefore, vineyard owners deliveries of fresh produce from farms Direction from within the proposed AVA plant cold- Location Proposed AVA within the region of the proposed AVA. hardy varietals such as Marquette, Boundary Evidence Frontenac, La Crescent, and La Crosse, Ticonderoga, NY ...... North. which have been developed to Rutland, VT ...... Northeast. The proposed Upper Hudson AVA withstand temperatures as low as ¥30 East Dorset, VT ...... East. includes all or portions of Albany, degrees. North Adams, MA ...... Southeast. Montgomery, Rensselaer, Saratoga, The plant hardiness zone map shows Pittsfield, MA ...... Southeast. Schenectady, Schoharie, and that the regions to the immediate east Castleton, NY ...... South. Hudson, NY ...... South. Washington Counties in New York. The and west of the proposed Upper Hudson proposed boundaries follow a series of Cobleskill, NY ...... Southwest. AVA are also classified as zones 5a and North Blenheim, NY ...... Southwest. roads and rivers. To the east of the 5b. However, the Adirondack and Gloversville, NY ...... West. proposed AVA are the foothills of the Allegheny mountains farther to the west Bennington, VT ...... West. Taconic Mountains, which have higher and northwest of the proposed AVA are Clifton Park, NY ...... Within. elevations and cooler growing season classified as zones 3b, 4a, and 4b, Melrose, NY ...... Within. temperatures than the proposed AVA. meaning that average minimum Schoharie, NY ...... Within. To the south of the proposed AVA is the temperatures in the region are between Guilderland, NY ...... Within. region known as the Lower Hudson ¥35 and ¥25 degrees F. Glens Falls, NY ...... Within. River Valley, which includes the The region south of the proposed established Hudson River Region AVA AVA, which includes the established The graph included in the petition (27 CFR 9.47). This region has warmer Hudson River Region AVA, is classified shows that the locations within the annual temperatures than the proposed as zones 6a and 6b, with average proposed AVA achieved GDD AVA, due to the tidal nature of the minimum temperatures between ¥10 accumulations ranging between 2,300 lower portion of the Hudson River. To and 0 degrees F. According to the and 2,700. Guilderland, Melrose, Clifton the west of the proposed AVA are the petition, grape varietals commonly Park, and Schoharie all had GDD Adirondack and Allegheny Mountains, grown within the established Hudson accumulations of over 2,500, which is which have higher elevations and cooler River Region AVA include Seyval generally considered to be the minimum annual temperatures than the proposed GDD accumulations needed to ripen Blanc, Baco Noir, Cabernet Franc, Pinot 6 AVA. To the north of the proposed AVA Noir, Vignoles, and Traminette. The most varietals of grapes . Glens Falls, are the valleys of Lake George and Lake petition states that according to research which is located at the northernmost Champlain, where growing season boundary of the proposed AVA, is temperatures are generally warmer due 5 In the Winkler climate classification system, shown as having slightly fewer than to the moderating effects of the lakes. annual heat accumulation during the growing 2,500 GDDs. According to the petition, season, measured in annual growing degree days the locations within the proposed AVA (GDDs), defines climatic regions. One GDD 1 reach 2,500 GDDs late in September, http://water.usgs.gov/lookup/getwatershed accumulates for each degree Fahrenheit that a day’s ?02020001. mean temperature is above 50 degrees, the meaning that the fruit typically has only 2 http://traveltips.usatoday.com/kayaking-upper- minimum temperature required for grapevine hudson-61158.html. growth. See Albert J. Winkler, General Viticulture 6 See Albert J. Winkler, General Viticulture 3 http://uhpbk.org. (Berkeley: University of California Press, 2d ed. (Berkeley: University of California Press, 2d ed. 4 www.the-efa.org/chp/?chp=upperhudson. 1974), pages 61–64. 1974), pages 61–64, 143.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15093

a few weeks to continue maturing before grape hybrids, but not the grape Public Participation the first frost sets in. The petition states varietals that are commonly grown Comments Invited that, as a result, wineries often must farther south within the established work with tart fruit and remove the Hudson River Region AVA. TTB invites comments from interested tartness as part of the winemaking members of the public on whether it process through the use of Malolactic TTB Determination should establish the proposed AVA. fermentation, pH adjustment, or TTB is also interested in receiving TTB concludes that the petition to residual sugars. comments on the sufficiency and By contrast, the graph shows that the establish the approximately 1,500- accuracy of the name, boundary, soils, locations to the north and south of the square mile Upper Hudson AVA merits climate, and other required information proposed AVA have GDD consideration and public comment, as submitted in support of the petition. accumulations over 2,700. Ticonderoga invited in this proposed rule. Please provide any available specific information in support of your is located on the shore of Lake Boundary Description Champlain, and Hudson and Castleton comments. are both located along the tidal portion See the narrative description of the Because of the potential impact of the of the Hudson River. Hudson, the boundary of the petitioned-for AVA in establishment of the proposed Upper southernmost location shown on the the proposed regulatory text published Hudson AVA on wine labels that graph, has the highest GDD at the end of this proposed rule. include the term ‘‘Upper Hudson,’’ as accumulation of any location depicted discussed above under Impact on in the graph, with just over 2,900. Maps Current Wine Labels, TTB is According to the petition, the warming particularly interested in comments effects of both Lake Champlain and the The petitioner provided the required regarding whether there will be a tidal portion of the Hudson River maps, and they are listed below in the conflict between the proposed area contribute to the higher GDD proposed regulatory text. name and currently used brand names. accumulations in the regions north and Impact on Current Wine Labels If a commenter believes that a conflict south of the proposed AVA. The graph will arise, the comment should describe also shows that these locations all reach Part 4 of the TTB regulations prohibits the nature of that conflict, including any 2,500 GDDs earlier in September than any label reference on a wine that anticipated negative economic impact the locations within the proposed AVA. indicates or implies an origin other than that approval of the proposed AVA will The petition states that grapes in these the wine’s true place of origin. For a have on an existing viticultural warmer regions have more time to wine to be labeled with an AVA name, enterprise. TTB is also interested in mature before the first frost, so the at least 85 percent of the wine must be receiving suggestions for ways to avoid grapes ‘‘have the tartness removed in derived from grapes grown within the conflicts, for example, by adopting a the vineyard.’’ area represented by that name, and the modified or different name for the AVA. The remaining locations, to the east, wine must meet the other conditions southeast, southwest, and west of the Submitting Comments listed in § 4.25(e)(3) of the TTB proposed Upper Hudson AVA, all have You may submit comments on this regulations (27 CFR 4.25(e)(3)). If the lower GDD accumulations than the proposed rule by using one of the proposed AVA. Of these locations, wine is not eligible for labeling with an following three methods (please note North Adams and Bennington have the AVA name and that name appears in the that TTB has a new address for highest GDD accumulations, with just brand name, then the label is not in comments submitted by U.S. Mail): over 2,300. Gloversville had the lowest, compliance and the bottler must change • Federal e-Rulemaking Portal: You with just over 1,700. The petition shows the brand name and obtain approval of may send comments via the online that viticulture in these regions would a new label. Similarly, if the AVA name comment form posted with this be difficult because the GDD appears in another reference on the proposed rule within Docket No. TTB– accumulations would not reach the label in a misleading manner, the bottler 2018–0005 on ‘‘Regulations.gov,’’ the levels necessary to reliably ripen most would have to obtain approval of a new Federal e-rulemaking portal, at http:// varietals of grapes. label. Different rules apply if a wine has www.regulations.gov. A direct link to a brand name containing an AVA name that docket is available under Notice Summary of Distinguishing Features that was used as a brand name on a No. 174 on the TTB website at https:// In summary, the evidence provided in label approved before July 7, 1986. See www.ttb.gov/wine/wine- the petition indicates that the climate of § 4.39(i)(2) of the TTB regulations (27 rulemaking.shtml. Supplemental files the proposed Upper Hudson AVA CFR 4.39(i)(2)) for details. may be attached to comments submitted distinguishes it from the surrounding If TTB establishes this proposed AVA, via Regulations.gov. For complete regions in each direction. The proposed instructions on how to use its name, ‘‘Upper Hudson,’’ will be AVA has lower GDD accumulations Regulations.gov, visit the site and click recognized as a name of viticultural than the regions to the north and south, on the ‘‘Help’’ tab. which benefit from the warming significance under § 4.39(i)(3) of the • U.S. Mail: You may send comments influence of Lake Champlain and the TTB regulations (27 CFR 4.39(i)(3)). The via postal mail to the Director, tidal portion of the Hudson River. The text of the proposed regulation clarifies Regulations and Rulings Division, region to the south is also classified in this point. Consequently, if this Alcohol and Tobacco Tax and Trade a warmer plant hardiness zone. The proposed rule is adopted as a final rule, Bureau, 1310 G Street NW, Box 12, proposed AVA has higher GDD wine bottlers using the name ‘‘Upper Washington, DC 20005. accumulations than the regions to the Hudson’’ in a brand name, including a • Hand Delivery/Courier: You may east and west and is also classified in a trademark, or in another label reference hand-carry your comments or have them warmer plant hardiness zone than the as to the origin of the wine, would have hand-carried to the Alcohol and region to the west. As a result of its to ensure that the product is eligible to Tobacco Tax and Trade Bureau, 1310 G climate, the proposed Upper Hudson use the AVA name as an appellation of Street NW, Suite 400, Washington, DC AVA is suitable for growing cold-hardy origin. 20005.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15094 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Please submit your comments by the and any electronic or mailed comments chapter, ‘‘Upper Hudson’’ is a term of closing date shown above in this that TTB receives about this proposal by viticultural significance. proposed rule. Your comments must appointment at the TTB Information (b) Approved maps. The four United reference Notice No. 174 and include Resource Center, 1310 G Street NW, States Geological Survey (USGS) your name and mailing address. Your Washington, DC 20005. You may also 1:100,000 scale topographic maps used comments also must be made in obtain copies at 20 cents per 8.5- x 11- to determine the boundary of the Upper English, be legible, and be written in inch page. Please note that TTB is Hudson viticultural area are titled: language acceptable for public unable to provide copies of USGS maps (1) Glens Falls, New York—Vermont, disclosure. TTB does not acknowledge or any similarly-sized documents that 1989; receipt of comments, and TTB considers may be included as part of the AVA (2) Albany, New York— all comments as originals. petition. Contact TTB’s information Massachusetts—Vermont, 1989; In your comment, please clearly specialist at the above address or by (3) Amsterdam, New York, 1985; indicate if you are commenting on your telephone at (202) 453–2265 to schedule photoinspected 1990; and own behalf or on behalf of an an appointment or to request copies of (4) Gloversville, New York, 1985; association, business, or other entity. If comments or other materials. photoinspected 1992; you are commenting on behalf of an (c) Boundary. The Upper Hudson entity, your comment must include the Regulatory Flexibility Act viticultural area is located in Albany, entity’s name, as well as your name and TTB certifies that this proposed Montgomery, Rensselaer, Saratoga, position title. If you comment via regulation, if adopted, would not have Schenectady, Schoharie, and Regulations.gov, please enter the a significant economic impact on a Washington Counties in New York. The entity’s name in the ‘‘Organization’’ substantial number of small entities. boundary of the Upper Hudson blank of the online comment form. If The proposed regulation imposes no viticultural area is as described below: you comment via postal mail or hand new reporting, recordkeeping, or other (1) The point of the beginning is on delivery/courier, please submit your administrative requirement. Any benefit the Glens Falls map at the intersection entity’s comment on letterhead. derived from the use of an AVA name of U.S. Highway 9 and State Highway You may also write to the would be the result of a proprietor’s 32, in Glens Falls. From the beginning Administrator before the comment efforts and consumer acceptance of point, proceed east on State Highway 32 closing date to ask for a public hearing. wines from that area. Therefore, no to its intersection with State Highway The Administrator reserves the right to regulatory flexibility analysis is 254; then determine whether to hold a public required. (2) Proceed southeasterly along State hearing. Highway 254 to its intersection with Executive Order 12866 U.S. Highway 4 in Hudson Falls; then Confidentiality It has been determined that this (3) Proceed south along U.S. Highway All submitted comments and proposed rule is not a significant 4 to its intersection with State Highway attachments are part of the public record regulatory action as defined by 197 in Fort Edward; then and subject to disclosure. Do not Executive Order 12866 of September 30, (4) Proceed east, then southeast along enclose any material in your comments 1993. Therefore, no regulatory State Highway 197 to its intersection that you consider to be confidential or assessment is required. with State Highway 40 in Argyle; then inappropriate for public disclosure. (5) Proceed southeast in a straight line Drafting Information to the intersection of State Highway 29 Public Disclosure Karen A. Thornton of the Regulations and State Highway 22 in Greenwich TTB will post, and you may view, and Rulings Division drafted this Junction; then copies of this proposed rule, selected proposed rule. (6) Proceed south along State supporting materials, and any online or Highway 22, crossing onto the Albany mailed comments received about this List of Subjects in 27 CFR Part 9 map, to the highway’s intersection with proposal within Docket No. TTB–2018– Wine. State Highway 7 in Hoosick; then 0005 on the Federal e-rulemaking (7) Proceed southwest along State Proposed Regulatory Amendment portal, Regulations.gov, at http:// Highway 7, crossing the Hudson River, www.regulations.gov. A direct link to For the reasons discussed in the to the highway’s intersection with State that docket is available on the TTB preamble, TTB proposes to amend title Highway 32 in Green Island; then website at https://www.ttb.gov/wine/ 27, chapter I, part 9, Code of Federal (8) Proceed south on State Highway wine-rulemaking.shtml under Notice Regulations, as follows: 32 to its intersection with U.S. Highway No. 174. You may also reach the 20 in Albany; then relevant docket through the PART 9—AMERICAN VITICULTURAL (9) Proceed west on U.S. Highway 20 Regulations.gov search page at http:// AREAS its intersection with U.S. Highway 9; then www.regulations.gov. For information ■ 1. The authority citation for part 9 (10) Proceed southwest along U.S. on how to use Regulations.gov, click on continues to read as follows: the site’s ‘‘Help’’ tab. Highway 9 to its intersection with State All posted comments will display the Authority: 27 U.S.C. 205. Highway 443; then commenter’s name, organization (if (11) Proceed southwest, then westerly any), city, and State, and, in the case of Subpart C—Approved American along State Highway 443, crossing onto mailed comments, all address Viticultural Areas the Amsterdam map, to the highway’s information, including email addresses. ■ 2. Subpart C is amended by adding intersection with an unnamed state TTB may omit voluminous attachments §9.__ to read as follows: highway known locally as State or material that the Bureau considers Highway 30 in Vroman Corners; then unsuitable for posting. §9.__ Upper Hudson. (12) Proceed northwesterly along You may also view copies of this (a) Name. The name of the viticultural State Highway 30 to its intersection proposed rule, all related petitions, area described in this section is ‘‘Upper with State Highway 30A in Sidney maps and other supporting materials, Hudson’’. For purposes of part 4 of this Corners; then

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15095

(13) Proceed north along State ADDRESSES: Submit comments of the law. These regulations are Highway 30A, crossing over the electronically through the Federal proposed to be removed from the Code Mohawk River, to the highway’s eRulemaking Portal: http:// of Federal Regulations solely because intersection with State Highway 5 in www.regulations.gov, or by mail to: The the regulations are outdated and Fonda; then Treasury Department, Attn: Office of the unnecessary. (14) Proceed east along State Highway Assistant General Counsel for Banking Explanation of Provisions 5 to its intersection with State Highway and Finance, 1500 Pennsylvania 67 in Amsterdam; then Avenue NW, Washington, DC 20220. The regulations, or portions of (15) Proceed east along State Highway Because paper mail in the Washington, regulations, proposed to be removed 67 to its intersection with an unnamed DC area may be subject to delay, it is relate to components of Treasury light-duty road known locally as recommended that comments be programs that are no longer in existence. Morrow Road; then submitted electronically. Please include They are: TARP Standards for (16) Proceed northeast in a straight your name, affiliation, address, email Compensation and Corporate line, crossing over the southeastern address, and telephone number in your Governance, 31 CFR part 30. The corner of the Gloversville map and onto comment. Comments will be available regulations in 31 CFR part 30 set forth the Glens Falls map, to the point where for public inspection on standards for the compensation of Daly Creek empties into Great www.regulations.gov. In general, executives of companies that received Sacandaga Lake; then comments received, including capital from Treasury as part of the (17) Proceed northeast, then east attachments and other supporting Troubled Asset Relief Program (TARP) along the southern shore of Great materials, are part of the public record developed under the Emergency Sacandaga Lake to its confluence with and are available to the public. Do not Economic Stabilization Act of 2008 the Hudson River in the town of Lake submit any information in your (EESA) (12 U.S.C. 5201 et seq.). Portions Luzerne; then comment or supporting materials that of this rule relate to ‘‘exceptional (18) Proceed south, then easterly you consider confidential or financial assistance’’ that was provided along the southern bank of the Hudson inappropriate for public disclosure. to some of the largest financial River to its intersection with U.S. institutions in the United States under FOR FURTHER INFORMATION CONTACT: programs specifically created for those Highway 9 in South Glens Falls; then Laurie Adams, Office of the Assistant (19) Proceed northwest along U.S. institutions. Other portions of the rule General Counsel for Banking and established and provided authority to Highway 9, crossing the Hudson River, Finance at (202) 927–8727 or and returning to the beginning point. the Office of the Special Master for [email protected]. TARP Executive Compensation (Special Signed: November 30, 2017. SUPPLEMENTARY INFORMATION: Master). The Special Master was given John J. Manfreda Background authority to approve certain payments Administrator. to employees of TARP recipients Approved: March 30, 2018. On February 24, 2017, the President receiving exceptional financial Timothy E. Skud issued Executive Order 13777, assistance, review payments to Enforcing the Regulatory Reform Deputy Assistant Secretary, (Tax, Trade, and employees made prior to February 17, Tariff Policy). Agenda (82 FR 12285). E.O. 13777 2009, and issue advisory opinions on directed each agency to establish a compensation to TARP recipients. [FR Doc. 2018–07210 Filed 4–6–18; 8:45 am] Regulatory Reform Task Force. Each BILLING CODE 4810–31–P The TARP program has largely wound Regulatory Reform Task Force was down and there are no recipients of directed to review existing regulations exceptional financial assistance left in DEPARTMENT OF THE TREASURY for regulations that: (i) Eliminate jobs, or the TARP program. Additionally, the inhibit job creation; (ii) are outdated, Special Master had the opportunity to 31 CFR Parts 30 and 32 unnecessary, or ineffective; (iii) impose review compensation made prior to costs that exceed benefits; (iv) create a February 17, 2009. Given the absence of Eliminating Unnecessary Regulations serious inconsistency or otherwise exceptional financial assistance entities interfere with regulatory reform AGENCY: Departmental Offices, Treasury. and the current status of the TARP initiatives and policies; (v) are program, the Office of the Special ACTION: Notice of proposed rulemaking. inconsistent with the requirements of Master for TARP Executive the Information Quality Act (section 515 SUMMARY: Pursuant to the policies stated Compensation no longer has any of the Treasury and General employees. Thus, Treasury proposes in Executive Order 13777 (the executive Government Appropriations Act of order), the Treasury Department that Section 30.16 of 31 CFR part 30 be 2001) or OMB Information Quality removed. conducted a review of existing Guidance issued pursuant to that regulations, with the goal of reducing provision; or (vi) derive from or Payments in Lieu of Low Income regulatory burden by revoking or implement Executive Orders or other Housing Tax Credits (31 CFR Part 32) revising existing regulations that meet Presidential directives that have been The regulation in 31 CFR part 32 sets the criteria set forth in the executive subsequently rescinded or substantially forth Treasury’s policy regarding the order. This notice of proposed modified. time limitation within which State rulemaking proposes to streamline our This notice of proposed rulemaking housing credit agencies must disburse regulations by removing one regulation proposes to remove one regulation and funds received under section 1602 of that is no longer necessary because it portions of a second regulation that the American Recovery and does not have any current or future have no current or future applicability Reinvestment Tax Act of 2009. This rule applicability, and by amending one and, therefore, no longer provide useful allowed States to disburse section 1602 regulation to remove portions that no guidance. Removing these regulations funds to subawardees through December longer have any current or future from the Code of Federal Regulations 31, 2011 under certain conditions. applicability. will streamline Title 31, Money and Treasury no longer awards section DATES: Comment due date: June 8, 2018. Finance: Treasury; and increase clarity 1602 funds to State housing credit

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15096 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

agencies. Thus, Treasury proposes to DEPARTMENT OF HOMELAND II. Background, Purpose, and Legal remove 31 CFR part 32 because no State SECURITY Basis housing credit agencies hold section The Coast Guard published a Notice Coast Guard 1602 funds and because the time period of Proposed Rulemaking on January 12, for disbursement of section 1602 funds 2018 (83 FR 1597), proposing to 33 CFR Part 100 to subawardees has expired. establish a special local regulation for the Bay Bridge Paddle, on June 2, 2018 Procedural Matters [Docket Number USCG–2017–1054] (rain date of June 3, 2018). The This proposed rule is not a significant RIN 1625–AA08 comment period closed February 12, regulatory action under Executive Order 2018. The Coast Guard received one 12866. Therefore, a regulatory Special Local Regulation; Chesapeake comment on the original request for assessment is not required. The Bay, between Sandy Point and Kent comments. undersigned certifies that this proposed Island, MD Subsequent to the Coast Guard rule, if adopted, would not have a publishing the notice of proposed AGENCY: Coast Guard, DHS. significant economic impact on a rulemaking, ABC Events, Inc., notified substantial number of small entities. ACTION: Supplemental notice of the Coast Guard that as a result of a meeting with the bridge authority a This certification is based on the fact proposed rulemaking; reopening of public comment period. change of the elite paddler race course that this rule would remove outdated location is necessary. We are issuing and unnecessary regulations and SUMMARY: The Coast Guard proposes to this supplemental proposal to amend therefore would have no economic amend its notice of proposed the proposed special local regulation to impact on any small entities. rulemaking and reopen the public increase the size of the paddle race area, Accordingly, an analysis under the comment period for a special local and reopen the comment period to Regulatory Flexibility Act (5 U.S.C. regulation for certain waters of the account for this change. The Coast chapter 6) is not required. Chesapeake Bay between Sandy Point, Guard will accept and review any Notwithstanding this certification, the Anne Arundel County, MD and Kent comments received between the close of Department invites comments on any Island, Queen Anne’s County, MD, the comment period and the publication impact this rule would have on small during the Bay Bridge Paddle on June 2, of this supplemental notice of proposed entities. 2018 (rain date of June 3, 2018) rulemaking. published in the Federal Register on The purpose of this rulemaking is to List of Subjects January 12, 2018. This proposed protect event participants, spectators 31 CFR Part 30 rulemaking would prohibit persons and and transiting vessels on certain waters vessels from being in the regulated area of the Chesapeake Bay before, during, Securities. unless authorized by the Captain of the and after the scheduled event. The Coast Port Maryland-National Capital Region 31 CFR Part 32 Guard proposes this rulemaking under or Coast Guard Patrol Commander. authority in 33 U.S.C. 1233, which Housing, taxes. DATES: Comments and related material authorizes the Coast Guard to establish must be received by the Coast Guard on and define special local regulations. Proposed Amendments to the or before May 9, 2018. Regulations III. Discussion of Proposed Rule ADDRESSES: You may submit comments This proposed rule would create a For the reasons stated in the identified by docket number USCG– 2017–1054 using the Federal temporary special local regulation on preamble, 31 CFR parts 30 and 32 are certain waters of the Chesapeake Bay for proposed to be amended as follows: eRulemaking Portal at http:// www.regulations.gov. See the ‘‘Public the Bay Bridge Paddle. This special local regulation would expand the PART 30—[AMENDED] Participation and Request for Comments’’ portion of the proposed regulated area northward of the north bridge (westbound span) of ■ SUPPLEMENTARY INFORMATION section for 1. The authority citation for part 30 the William P. Lane, Jr. (US–50/301) continues to read as follows: further instructions on submitting comments. Memorial Bridges from that area Authority: 12 U.S.C. 5221; 31 U.S.C. 321. described in the original published FOR FURTHER INFORMATION CONTACT: If notice of proposed rulemaking. Bridge § 30.16 [Removed] you have questions about this proposed rehabilitation work along the eastern rulemaking, call or email Mr. Ronald ■ 2. Section 30.16 is removed. portion of the north bridge (westbound Houck, U.S. Coast Guard Sector span) of the William P. Lane, Jr. (US– PART 32—PAYMENTS IN LIEU OF Maryland-National Capital Region; 50/301) Memorial Bridges includes the telephone 410–576–2674, email LOW INCOME HOUSING TAX CREDITS placement of barges and other marine [email protected]. [REMOVED] equipment in the waterway. Allowing SUPPLEMENTARY INFORMATION: the proposed paddling event to proceed ■ 3. Part 32 is removed. I. Table of Abbreviations along its original race course would adversely affect both the bridge work Ryan Brady, CFR Code of Federal Regulations activities and event participants. The Executive Secretary. COTP Captain of the Port expanded area allows the event planner DHS Department of Homeland Security [FR Doc. 2018–07102 Filed 4–6–18; 8:45 am] an alternative to mitigate the risk posed FR Federal Register BILLING CODE 4810–25–P NPRM Notice of proposed rulemaking to event participants by altering the race SNPRM Supplemental notice of proposed course northward of that area. rulemaking The revised proposed regulated area § Section would cover all navigable waters of the U.S.C. United States Code Chesapeake Bay, adjacent to the

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15097

shoreline at Sandy Point State Park and would issue a Broadcast Notice to Federalism, if it has a substantial direct between and adjacent to the spans of the Mariners via VHF–FM marine channel effect on the States, on the relationship William P. Lane Jr. Memorial Bridges, 16 about the status of the regulated area. between the national government and from shoreline to shoreline, bounded to Moreover, the rule would allow vessels the States, or on the distribution of the north by a line drawn from the to seek permission to enter the regulated power and responsibilities among the western shoreline at latitude area, and vessel traffic would be able to various levels of government. We have 39°01′05.23″ N, longitude 076°23′47.93″ safely transit the regulated area once the analyzed this proposed rule under that W; thence eastward to latitude COTP Coast Guard Patrol Commander Order and have determined that it is 39°01′02.08″ N, longitude 076°22′40.24″ deems it safe to do so. consistent with the fundamental W; thence southeastward to eastern federalism principles and preemption shoreline at latitude 38°59′13.70″ N, B. Impact on Small Entities requirements described in Executive longitude 076°19′58.40″ W; and The Regulatory Flexibility Act of Order 13132. bounded to the south by a line drawn 1980, 5 U.S.C. 601–612, as amended, Also, this proposed rule does not have parallel and 500 yards south of the requires Federal agencies to consider tribal implications under Executive south bridge span that originates from the potential impact of regulations on Order 13175, Consultation and the western shoreline at latitude small entities during rulemaking. The Coordination with Indian Tribal 39°00′17.08″ N, longitude 076°24′28.36″ term ‘‘small entities’’ comprises small Governments, because it would not have W; thence southward to latitude businesses, not-for-profit organizations a substantial direct effect on one or 38°59′38.36″ N, longitude 076°23′59.67″ that are independently owned and more Indian tribes, on the relationship W; thence eastward to latitude operated and are not dominant in their between the Federal Government and 38°59′26.93″ N, longitude 076°23′25.53″ fields, and governmental jurisdictions Indian tribes, or on the distribution of W; thence eastward to the eastern with populations of less than 50,000. power and responsibilities between the shoreline at latitude 38°58′40.32″ N, The Coast Guard certifies under 5 U.S.C. Federal Government and Indian tribes. longitude 076°20′10.45″ W, located 605(b) that this proposed rule would not If you believe this proposed rule has between Sandy Point and Kent Island, have a significant economic impact on implications for federalism or Indian MD. The duration of the regulated area a substantial number of small entities. tribes, please contact the person listed is intended to ensure the safety of While some owners or operators of in the FOR FURTHER INFORMATION vessels and these navigable waters vessels intending to transit the regulated CONTACT section. before, during, and after the scheduled area may be small entities, for the E. Unfunded Mandates Reform Act 8 a.m. until 12:30 p.m. paddle race reasons stated in section IV.A above this event. proposed rule would not have a The Unfunded Mandates Reform Act All other regulatory provisions in the significant economic impact on any of 1995 (2 U.S.C. 1531–1538) requires original proposed rulemaking remain vessel owner or operator. Federal agencies to assess the effects of the same. The regulatory text we are If you think that your business, their discretionary regulatory actions. In proposing appears at the end of this organization, or governmental particular, the Act addresses actions document. jurisdiction qualifies as a small entity that may result in the expenditure by a and that this rule would have a State, local, or tribal government, in the IV. Regulatory Analyses significant economic impact on it, aggregate, or by the private sector of We developed this proposed rule after please submit a comment (see $100,000,000 (adjusted for inflation) or considering numerous statutes and ADDRESSES) explaining why you think it more in any one year. Though this Executive Orders related to rulemaking. qualifies and how and to what degree proposed rule would not result in such Below we summarize our analyses this rule would economically affect it. an expenditure, we do discuss the based on a number of these statutes and Under section 213(a) of the Small effects of this rule elsewhere in this Executive orders and we discuss First Business Regulatory Enforcement preamble. Amendment rights of protestors. Fairness Act of 1996 (Public Law 104– F. Environment A. Regulatory Planning and Review 121), we want to assist small entities in understanding this proposed rule. If the We have analyzed this proposed rule Executive Orders 12866 and 13563 rule would affect your small business, under Department of Homeland direct agencies to assess the costs and organization, or governmental Security Directive 023–01, which guides benefits of available regulatory jurisdiction and you have questions the Coast Guard in complying with the alternatives and, if regulation is concerning its provisions or options for National Environmental Policy Act of necessary, to select regulatory compliance, please contact the person 1969 (42 U.S.C. 4321–4370f), and have approaches that maximize net benefits. listed in the FOR FURTHER INFORMATION made a preliminary determination that Executive Order 13771 directs agencies CONTACT section. The Coast Guard will this action is one of a category of actions to control regulatory costs through a not retaliate against small entities that that do not individually or cumulatively budgeting process. This SNPRM has not question or complain about this have a significant effect on the human been designated a ‘‘significant proposed rule or any policy or action of environment. This proposed rule regulatory action,’’ under Executive the Coast Guard. involves implementation of a temporary Order 12866. Accordingly, the SNPRM special local regulation lasting for 6 has not been reviewed by the Office of C. Collection of Information hours. The category of water activities Management and Budget (OMB), and This proposed rule would not call for includes but is not limited to sail boat pursuant to OMB guidance it is exempt a new collection of information under regattas, boat parades, power boat from the requirements of Executive the Paperwork Reduction Act of 1995 racing, swimming events, crew racing, Order 13771. (44 U.S.C. 3501–3520). canoe and sail board racing. Normally This regulatory action determination such actions are categorically excluded is based on the size and duration of the D. Federalism and Indian Tribal from further review under paragraph regulated area, which would impact a Governments L[61] of Appendix A, Table 1 of DHS small designated area of the Chesapeake A rule has implications for federalism Instruction Manual 023–01–001–01, Bay for six hours. The Coast Guard under Executive Order 13132, Rev. 01. A preliminary Record of

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15098 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Environmental Consideration PART 100—SAFETY OF LIFE ON (c) Special local regulations: (1) The supporting this determination is NAVIGABLE WATERS COTP or Coast Guard Patrol available in the docket where indicated Commander may forbid and control the under ADDRESSES. We seek any ■ 1. The authority citation for part 100 movement of all vessels and persons, comments or information that may lead continues to read as follows: including event participants, in the to the discovery of a significant Authority: 33 U.S.C. 1233; 33 CFR 1.05–1. regulated area. When hailed or signaled environmental impact from this ■ 2. Add § 100.501T05–1054 to read as by an official patrol, a vessel or person proposed rule. follows: in the regulated area shall immediately G. Protest Activities comply with the directions given. § 100.501T05–1054 Special Local Failure to do so may result in expulsion The Coast Guard respects the First Regulation; Chesapeake Bay, between from the area, citation for failure to Amendment rights of protesters. Sandy Point and Kent Island, MD. comply, or both. The Coast Guard Patrol Protesters are asked to contact the (a) Regulated area. The following Commander may terminate the event, or person listed in the FOR FURTHER location is a regulated area: All the operation of any support vessel INFORMATION CONTACT section to navigable waters of the Chesapeake Bay, participating in the event, at any time it coordinate protest activities so that your adjacent to the shoreline at Sandy Point is deemed necessary for the protection message can be received without State Park and between and adjacent to of life or property. jeopardizing the safety or security of the spans of the William P. Lane Jr. (2) Except for participants and vessels people, places, or vessels. Memorial Bridges, from shoreline to already at berth, all persons and vessels V. Public Participation and Request for shoreline, bounded to the north by a within the regulated area at the time it line drawn from the western shoreline Comments ° ′ ″ is implemented are to depart the at latitude 39 01 05.23 N, longitude regulated area. We view public participation as 076°23′47.93″ W; thence eastward to (3) Persons and vessels desiring to essential to effective rulemaking, and latitude 39°01′02.08″ N, longitude transit, moor, or anchor within the will consider all comments and material 076°22′40.24″ W; thence southeastward regulated area must first obtain received during the comment period. to eastern shoreline at latitude authorization from the COTP Maryland- Your comment can help shape the 38°59′13.70″ N, longitude 076°19′58.40″ National Capital Region or Coast Guard outcome of this rulemaking. If you W; and bounded to the south by a line Patrol Commander. Prior to the submit a comment, please include the drawn parallel and 500 yards south of enforcement period, vessels or persons docket number for this rulemaking, the south bridge span that originates seeking permission to transit, moor, or indicate the specific section of this from the western shoreline at latitude document to which each comment 39°00′17.08″ N, longitude 076°24′28.36″ anchor within the area may contact the applies, and provide a reason for each W; thence southward to latitude COTP Maryland-National Capital suggestion or recommendation. 38°59′38.36″ N, longitude 076°23′59.67″ Region at telephone number 410–576– We encourage you to submit W; thence eastward to latitude 2693 or on Marine Band Radio, VHF– comments through the Federal 38°59′26.93″ N, longitude 076°23′25.53″ FM channel 16 (156.8 MHz). During the eRulemaking Portal at http:// W; thence eastward to the eastern enforcement period, vessels or persons www.regulations.gov. If your material shoreline at latitude 38°58′40.32″ N, seeking permission to transit, moor, or cannot be submitted using http:// longitude 076°20′10.45″ W, located anchor within the area may contact the www.regulations.gov, contact the person between Sandy Point and Kent Island, Coast Guard Patrol Commander on in the FOR FURTHER INFORMATION MD. All coordinates reference North Marine Band Radio, VHF–FM channel CONTACT section of this document for American Datum 83 (NAD 1983). 16 (156.8 MHz) for direction. alternate instructions. (b) Definitions. (1) Captain of the Port (4) The Coast Guard may be assisted We accept anonymous comments. All (COTP) Maryland-National Capital in the patrol and enforcement of the comments received will be posted Region means the Commander, U.S. regulated area by other Federal, State, without change to http:// Coast Guard Sector Maryland-National and local agencies. The Coast Guard www.regulations.gov and will include Capital Region or any Coast Guard Patrol Commander and official patrol any personal information you have commissioned, warrant or petty officer vessels enforcing this regulated area can provided. For more about privacy and who has been authorized by the Captain be contacted on marine band radio the docket, visit http:// of the Port to act on his behalf. VHF–FM channel 16 (156.8 MHz) and www.regulations.gov/privacyNotice. (2) Coast Guard Patrol Commander channel 22A (157.1 MHz). Documents mentioned in this SNPRM means a commissioned, warrant, or (5) The Coast Guard will publish a as being available in the docket, and all petty officer of the U.S. Coast Guard notice in the Fifth Coast Guard District public comments, will be in our online who has been designated by the Local Notice to Mariners and issue a docket at http://www.regulations.gov Commander, Coast Guard Sector marine information broadcast on VHF– and can be viewed by following that Maryland-National Capital Region. FM marine band radio announcing website’s instructions. Additionally, if (3) Official Patrol means any vessel specific event date and times. you go to the online docket and sign up assigned or approved by Commander, (d) Enforcement period. This section for email alerts, you will be notified Coast Guard Sector Maryland-National will be enforced from 7 a.m. to 1:30 p.m. when comments are posted or a final Capital Region with a commissioned, on June 2, 2018, and, if necessary due rule is published. warrant, or petty officer on board and to inclement weather, from 7 a.m. to displaying a Coast Guard ensign. 1:30 p.m. on June 3, 2018. List of Subjects in 33 CFR Part 100 (4) Participant means all persons and Marine safety, Navigation (water), vessels participating in the Bay Bridge Dated: April 4, 2018. Reporting and recordkeeping Paddle event under the auspices of the Lonnie P. Harrison, Jr., requirements, Waterways. Marine Event Permit issued to the event Captain, U.S. Coast Guard, Captain of the For the reasons discussed in the sponsor and approved by Commander, Port Maryland-National Capital Region. preamble, the Coast Guard proposes to Coast Guard Sector Maryland-National [FR Doc. 2018–07196 Filed 4–6–18; 8:45 am] amend 33 CFR part 100 as follows: Capital Region. BILLING CODE 9110–04–P

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 9990 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15099

DEPARTMENT OF HOMELAND provided by the sponsor to the Coast Maryland-National Capital Region or the SECURITY Guard on February 5, 2018. The open Coast Guard Patrol Commander. The water swim consists of approximately regulatory text we are proposing appears Coast Guard 200 participants competing on a at the end of this document. designated 1.75-mile linear course that IV. Regulatory Analyses 33 CFR Part 100 starts at the beach of Bill Burton Fishing [Docket Number USCG–2018–0093] Pier State Park at Trappe, MD, proceeds We developed this proposed rule after across the Choptank River along and considering numerous statutes and RIN 1625–AA08 between the fishing piers and the Executive Orders related to rulemaking. Senator Frederick C. Malkus, Jr. Below we summarize our analyses Special Local Regulation; Choptank Memorial (U.S.–50) Bridge, and finishes based on a number of these statutes and River, Cambridge, MD at the beach of the Dorchester County Executive Orders and we discuss First AGENCY: Coast Guard, DHS. Visitors Center at Cambridge, MD. Amendment rights of protestors. Hazards from the swim competition ACTION: Notice of proposed rulemaking. include participants swimming within A. Regulatory Planning and Review SUMMARY: The Coast Guard proposes to and adjacent to the designated Executive Orders 12866 and 13563 establish special local regulations for navigation channel and interfering with direct agencies to assess the costs and certain waters of the Choptank River. vessels intending to operate within that benefits of available regulatory This action is necessary to provide for channel, as well as swimming within alternatives and, if regulation is the safety of life on the navigable waters approaches to local public and private necessary, to select regulatory located at Cambridge, MD during a marinas and public boat facilities. The approaches that maximize net benefits. swim event on May 20, 2018. This COTP Maryland-National Capital Executive Order 13771 directs agencies proposed rulemaking would prohibit Region has determined that potential to control regulatory costs through a persons and vessels from entering the hazards associated with the swim would budgeting process. This NPRM has not regulated area unless authorized by the be a safety concern for anyone intending been designated a ‘‘significant Captain of the Port Maryland-National to participate in this event or for vessels regulatory action,’’ under Executive Capital Region or the Coast Guard Patrol that operate within specified waters of Order 12866. Accordingly, the NPRM Commander. We invite your comments the Choptank River. has not been reviewed by the Office of on this proposed rulemaking. The purpose of this rulemaking is to Management and Budget (OMB), and protect event participants, spectators pursuant to OMB guidance it is exempt DATES: Comments and related material and transiting vessels on specified must be received by the Coast Guard on from the requirements of Executive waters of the Choptank River before, Order 13771. or before May 9, 2018. during, and after the scheduled event. This regulatory action determination ADDRESSES: You may submit comments The Coast Guard proposes this is based on the size, time of day and identified by docket number USCG– rulemaking under authority in 33 U.S.C. duration of the regulated area, which 2018–0093 using the Federal 1233, which authorize the Coast Guard would impact a small designated area of eRulemaking Portal at http:// to establish and define special local the Choptank River for 2.5 hours. The www.regulations.gov. See the ‘‘Public regulations. Participation and Request for Coast Guard would issue a Broadcast Comments’’ portion of the III. Discussion of Proposed Rule Notice to Mariners via VHF–FM marine SUPPLEMENTARY INFORMATION section for The COTP Maryland-National Capital channel 16 about the status of the further instructions on submitting Region proposes to establish special regulated area. Moreover, the rule comments. local regulations from 7 a.m. through would allow vessel operators to request 9:30 a.m. on May 20, 2018. There is no permission to enter the regulated area FOR FURTHER INFORMATION CONTACT: If alternate date planned for this event. for the purpose of safely transiting the you have questions about this proposed The regulated area would include all regulated area if deemed safe to do so rulemaking, call or email Mr. Ronald navigable waters of the Choptank River, by the Coast Guard Patrol Commander. Houck, U.S. Coast Guard Sector from shoreline to shoreline, within an Maryland-National Capital Region; B. Impact on Small Entities area bounded on the east by a line telephone 410–576–2674, email drawn from latitude 38°35′14.2″ N, The Regulatory Flexibility Act of [email protected]. longitude 076°02′33.0″ W, thence south 1980, 5 U.S.C. 601–612, as amended, SUPPLEMENTARY INFORMATION: to latitude 38°34′08.3″ N, longitude requires Federal agencies to consider ° ′ ″ I. Table of Abbreviations 076 03 36.2 W, and bounded on the the potential impact of regulations on west by a line drawn from latitude small entities during rulemaking. The CFR Code of Federal Regulations 38°35′32.7″ N, longitude 076°02′58.3″ term ‘‘small entities’’ comprises small COTP Captain of the Port W, thence south to latitude 38°34′24.7″ businesses, not-for-profit organizations DHS Department of Homeland Security ° ′ ″ that are independently owned and FR Federal Register N, longitude 076 04 01.3 W, located at NPRM Notice of proposed rulemaking Cambridge, MD. The regulated area is operated and are not dominant in their § Section approximately 2,800 yards in length and fields, and governmental jurisdictions U.S.C. United States Code 900 yards in width. The duration of the with populations of less than 50,000. regulated area is intended to ensure the The Coast Guard certifies under 5 U.S.C. II. Background, Purpose, and Legal safety of event participants and vessels 605(b) that this proposed rule would not Basis within the specified navigable waters have a significant economic impact on On January 4, 2018, Cambridge Multi before, during, and after the scheduled a substantial number of small entities. Sport of Cambridge, MD notified the 7:30 a.m. to 9 a.m. swim. Except for While some owners or operators of Coast Guard that it will be conducting Maryland Freedom Swim participants, vessels intending to transit the regulated the Maryland Freedom Swim from 7:30 no vessel or person would be permitted area may be small entities, for the a.m. until 9 a.m. on May 20, 2018. to enter the regulated area without reasons stated in section IV.A above this Details of the planned event were obtaining permission from the COTP proposed rule would not have a

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15100 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

significant economic impact on any E. Unfunded Mandates Reform Act applies, and provide a reason for each vessel owner or operator. The Unfunded Mandates Reform Act suggestion or recommendation. If you think that your business, of 1995 (2 U.S.C. 1531–1538) requires We encourage you to submit organization, or governmental Federal agencies to assess the effects of comments through the Federal eRulemaking Portal at http:// jurisdiction qualifies as a small entity their discretionary regulatory actions. In www.regulations.gov. If your material and that this rule would have a particular, the Act addresses actions cannot be submitted using http:// significant economic impact on it, that may result in the expenditure by a www.regulations.gov, contact the person please submit a comment (see State, local, or tribal government, in the in the FOR FURTHER INFORMATION ADDRESSES) explaining why you think it aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or CONTACT section of this document for qualifies and how and to what degree alternate instructions. this rule would economically affect it. more in any one year. Though this proposed rule would not result in such We accept anonymous comments. All Under section 213(a) of the Small an expenditure, we do discuss the comments received will be posted Business Regulatory Enforcement effects of this rule elsewhere in this without change to http:// Fairness Act of 1996 (Pub. L. 104–121), preamble. www.regulations.gov and will include we want to assist small entities in any personal information you have understanding this proposed rule. If the F. Environment provided. For more about privacy and rule would affect your small business, We have analyzed this proposed rule the docket, visit http:// organization, or governmental under Department of Homeland www.regulations.gov/privacyNotice. jurisdiction and you have questions Security Management Directive 023–01, Documents mentioned in this NPRM concerning its provisions or options for which guides the Coast Guard in as being available in the docket, and all compliance, please contact the person complying with the National public comments, will be in our online listed in the FOR FURTHER INFORMATION Environmental Policy Act of 1969 (42 docket at http://www.regulations.gov CONTACT section. The Coast Guard will U.S.C. 4321–4370f), and have made a and can be viewed by following that not retaliate against small entities that preliminary determination that this website’s instructions. Additionally, if question or complain about this action is one of a category of actions that you go to the online docket and sign up proposed rule or any policy or action of do not individually or cumulatively for email alerts, you will be notified the Coast Guard. have a significant effect on the human when comments are posted or a final environment. This proposed rule rule is published. C. Collection of Information involves implementation of regulations List of Subjects in 33 CFR Part 100 This proposed rule would not call for within 33 CFR part 100 applicable to organized marine events on the Marine safety, Navigation (water), a new collection of information under Reporting and recordkeeping the Paperwork Reduction Act of 1995 navigable waters of the United States that could negatively impact the safety requirements, Waterways. (44 U.S.C. 3501–3520). of waterway users and shore side For the reasons discussed in the D. Federalism and Indian Tribal activities in the event area lasting for 2.5 preamble, the Coast Guard proposes to Governments hours. Normally such actions are amend 33 CFR part 100 as follows: categorically excluded from further A rule has implications for federalism review under paragraph L[61] of PART 100—SAFETY OF LIFE ON under Executive Order 13132, Appendix A, Table 1 of DHS Instruction NAVIGABLE WATERS Federalism, if it has a substantial direct Manual 023–01–001–01, Rev. 01. We ■ 1. The authority citation for part 100 effect on the States, on the relationship seek any comments or information that continues to read as follows: between the national government and may lead to the discovery of a the States, or on the distribution of significant environmental impact from Authority: 33 U.S.C. 1233; 33 CFR power and responsibilities among the this proposed rule. 1.05–1. various levels of government. We have ■ G. Protest Activities 2. Add § 100.501T05–0093 to read as analyzed this proposed rule under that follows: Order and have determined that it is The Coast Guard respects the First consistent with the fundamental Amendment rights of protesters. § 100.501T05–0093 Special local federalism principles and preemption Protesters are asked to contact the regulation, Choptank River, Cambridge, MD. requirements described in Executive person listed in the FOR FURTHER (a) Definitions. As used in this Order 13132. INFORMATION CONTACT section to section: coordinate protest activities so that your (1) Captain of the Port (COTP) Also, this proposed rule does not have message can be received without Maryland-National Capital Region tribal implications under Executive jeopardizing the safety or security of means the Commander, U.S. Coast Order 13175, Consultation and people, places, or vessels. Guard Sector Maryland-National Capital Coordination with Indian Tribal Region or any Coast Guard Governments, because it would not have V. Public Participation and Request for commissioned, warrant or petty officer a substantial direct effect on one or Comments who has been authorized by the COTP more Indian tribes, on the relationship We view public participation as to act on his behalf. between the Federal Government and essential to effective rulemaking, and (2) Coast Guard Patrol Commander Indian tribes, or on the distribution of will consider all comments and material means a commissioned, warrant, or power and responsibilities between the received during the comment period. petty officer of the U.S. Coast Guard Federal Government and Indian tribes. Your comment can help shape the who has been designated by the If you believe this proposed rule has outcome of this rulemaking. If you Commander, Coast Guard Sector implications for federalism or Indian submit a comment, please include the Maryland-National Capital Region. tribes, please contact the person listed docket number for this rulemaking, (3) Official Patrol means any vessel in the FOR FURTHER INFORMATION indicate the specific section of this assigned or approved by Commander, CONTACT section. document to which each comment Coast Guard Sector Maryland-National

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15101

Capital Region with a commissioned, FM channel 16 (156.8 MHz) and General Counsel, Department of warrant, or petty officer on board and channel 22A (157.1 MHz). Housing and Urban Development, 451 displaying a Coast Guard ensign. (4) The Coast Guard will publish a 7th Street SW, Room 10276, (4) Participant means all persons and notice in the Fifth Coast Guard District Washington, DC 20410–0500. vessels participating in the Maryland Local Notice to Mariners and issue a 2. Electronic Submission of Freedom Swim event under the marine information broadcast on VHF– Comments. Interested persons may auspices of the Marine Event Permit FM marine band radio. submit comments electronically through issued to the event sponsor and (d) Enforcement officials. The Coast the Federal eRulemaking Portal at approved by Commander, Coast Guard Guard may be assisted with marine www.regulations.gov. HUD strongly Sector Maryland-National Capital event patrol and enforcement of the encourages commenters to submit Region. regulated area by other Federal, State, comments electronically. Electronic (b) Location. The following location is and local agencies. submission of comments allows the a regulated area: All navigable waters of (e) Enforcement period. This section commenter maximum time to prepare the Choptank River, from shoreline to will be enforced from 7 a.m. through and submit a comment, ensures timely shoreline, within an area bounded on 9:30 a.m. on May 20, 2018. receipt by HUD, and enables HUD to the east by a line drawn from latitude make comments immediately available 38°35′14.2″ N, longitude 076°02′33.0″ Dated: April 3, 2018. ° ′ ″ Lonnie P. Harrison, Jr., to the public. Comments submitted W, thence south to latitude 38 34 08.3 electronically through the N, longitude 076°03′36.2″ W, and Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. www.regulations.gov website can be bounded on the west by a line drawn viewed by other commenters and ° ′ ″ [FR Doc. 2018–07109 Filed 4–6–18; 8:45 am] from latitude 38 35 32.7 N, longitude interested members of the public. To 076°02′58.3″ W, thence south to latitude BILLING CODE 9110–04–P ° ′ ″ ° ′ ″ submit comments electronically, 38 34 24.7 N, longitude 076 04 01.3 commenters should follow the W, located at Cambridge, MD. All instructions provided on the website. coordinates reference Datum NAD 1983. DEPARTMENT OF HOUSING AND (c) Special local regulations: (1) The URBAN DEVELOPMENT Note: To receive consideration as public COTP or Coast Guard Patrol comments, comments must be submitted Commander may forbid and control the 48 CFR Parts 2402, 2416, 2437, 2442, through one of the two methods specified movement of all vessels and persons, and 2452 above. Again, all submissions must refer to the docket number and title of the rule. including event participants, in the [Docket No. FR–6041–P–01] regulated area. When hailed or signaled No Facsimile Comments. Facsimile by an official patrol, a vessel or person RIN 2501–AD85 (FAX) comments are not acceptable. in the regulated area shall immediately Public Inspection of Public comply with the directions given. HUD Acquisition Regulation (HUDAR) Comments. All properly submitted Failure to do so may result in expulsion AGENCY: Office of the Chief Procurement comments and communications from the area, citation for failure to Officer, HUD. submitted to HUD will be available for comply, or both. The Coast Guard Patrol public inspection and copying between ACTION: Commander may terminate the event, or Proposed rule. 8 a.m. and 5 p.m. weekdays at the above the operation of any support vessel SUMMARY: This proposed rule would address. Due to security measures at the participating in the event, at any time it amend the HUD Acquisition Regulation HUD Headquarters building, an advance is deemed necessary for the protection (HUDAR) to implement miscellaneous appointment to review the public of life or property. changes. These changes include comments must be scheduled by calling (2) Except for participants and vessels incorporation of several clauses and the Regulations Division at 202–402– already at berth, all persons and vessels associated additions to the HUDAR 3055 (this is not a toll-free number). within the regulated area at the time it matrix, replacement of references to Individuals with speech or hearing is implemented shall depart the Government Technical Representatives impairments may access this number regulated area. (GTRs) with references to Contracting via TTY by calling the Federal (3) Persons and vessels desiring to Information Relay Service, toll-free, at transit, moor, or anchor within the Officer’s Representatives (CORs), codification of deviations approved by 800–877–8339. Copies of all comments regulated area must obtain authorization submitted are available for inspection from the COTP Maryland-National HUD’s Chief Procurement Officer (CPO) and minor corrections to clauses, and downloading at Capital Region or Coast Guard Patrol www.regulations.gov. Commander. Prior to the enforcement provisions, and the HUDAR matrix. period, vessel operators may request DATES: Comment due date: June 8, 2018. FOR FURTHER INFORMATION CONTACT: Dr. permission to transit, moor, or anchor ADDRESSES: Interested persons are Akinsola A. Ajayi, Acting Assistant within the regulated area from the COTP invited to submit comments regarding Chief Procurement Officer for Policy, Maryland-National Capital Region at this proposed rule to the Regulations Systems and Risk Management, Office telephone number 410–576–2693 or on Division, Office of General Counsel, of the Chief Procurement Officer, Marine Band Radio, VHF–FM channel Department of Housing and Urban Department of Housing and Urban 16 (156.8 MHz). During the enforcement Development, 451 7th Street SW, Room Development, 451 7th Street SW, period, persons or vessel operators may 10276, Washington, DC 20410–0500. Washington, DC 20410; telephone request permission to transit, moor, or Communications and comment number 202–708–0294 (this is not a toll- anchor within the regulated area from submissions must refer to the above free number), fax number 202–708– the Coast Guard Patrol Commander on docket number and title. There are two 8912. Persons with hearing or speech Marine Band Radio, VHF–FM channel methods for submitting public impairments may access Dr. Ajayi’s 16 (156.8 MHz). The Coast Guard Patrol comments. telephone number via TTY by calling Commander and official patrol vessels 1. Submission of Comments by Mail. the toll-free Federal Relay Service at enforcing this regulated area can be Comments may be submitted by mail to 800–877–8339. contacted on marine band radio VHF– the Regulations Division, Office of SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15102 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

I. Background provision 2452.237–82 and clause status of the Government Technical The uniform regulation for the 2452.237–83 relating to controlled Representative; procurement of supplies and services by unclassified information to codify a Add provision 2452.237–82, Access to Federal departments and agencies, the class deviation previously approved by Controlled Unclassified Information Federal Acquisition Regulation (FAR), the CPO on June 18, 2015. (CUI), pursuant to a class deviation was promulgated on September 19, 1983 In part 2442, the rule would revise previously approved by the CPO on (48 FR 42102). The FAR is codified in 2442.1107 to codify a class deviation June 18, 2015; title 48, chapter 1, of the Code of previously approved by the CPO on Codify clause 2452.237–83, Access to Federal Regulations. HUD promulgated April 1, 2016, to (1) revise the Controlled Unclassified Information its regulation to implement the FAR on procurement instruments, types of (CUI), pursuant to a class deviation March 1, 1984 (49 FR 7696). contracts, and types of services being previously approved by the CPO on The HUDAR (title 48, chapter 24 of acquired to those to which the clause June 18, 2015; the Code of Federal Regulations) is will be applicable, (2) adjust the Pursuant to a class deviation signed prescribed under section 7(d) of the threshold at which the clause becomes by the CPO on October 16, 2015, codify Department of Housing and Urban applicable, and (3) make other minor a class deviation to clauses 2452.237– Development Act (42 U.S.C. 3535(d)); changes. 75, Access to HUD Facilities, and section 205(c) of the Federal Property In part 2452, the rule would: 2452.239–70, Access to HUD Systems, and Administrative Services Act of 1949 Make minor typographical, to add a requirement for contractors to (40 U.S.C. 121(c)); and the general nonsubstantive corrections to clauses report the status of PIV cards to the authorization in FAR 1.301. HUDAR 2452.203–70, 2452.208–71, 2452.215– Government on a quarterly basis. was last revised by final rule published 70, 2452.216–80, 2452.219–72, Additionally, in 2452.237–75 and on March 15, 2016 (81 FR 13747). 2452.232–70, and 2452.242–71; 2452.239–70, a definition of ‘‘contract’’ II. This Proposed Rule Change references to Government is added; Technical Representative or GTR to This proposed rule would amend the In 2452.246–70, a clause relating to Contracting Officer’s Representative or inspection and acceptance of work is HUDAR, 48 CFR chapter 24, to propose COR respectively; revising all clause and provision added as prescribed in 2446.246–70. Add clause 2452.216–81, Level of references to the Government Technical In the matrix, four clauses or Effort and Fee Payment, and clause Representative or GTR to Contracting provisions are added relating to level of 2452.216–82, Labor Categories, Officer’s Representative or COR. effort and fee payment, labor categories, Requirements, and Estimated Level of Accordingly, the definition in 48 CFR requirements and estimated level of Effort. These are previously agency- 2402.101 of ‘‘Government Technical effort, and access to controlled specific clauses that HUD now wishes to Representative’’ would be removed. unclassified information. Additionally, codify. Clause 2452.216–81 provides Also, the obsolete term ‘‘Government some corrections of ‘‘Provision or Technical Monitor’’ would be removed. contractors with the total level of effort Clause’’ (P/C) and ‘‘Uniform Contract HUD is also proposing to codify certain to be provided and the method for Format’’ (UCF) designations are made. agency-specific clauses, include class calculating the fee. Clause 2452.216–82 III. Findings and Certifications deviations in certain clauses, and make provides estimated hours and labor several administrative, nonsubstantive categories to assist vendors in Paperwork Reduction Act Statement corrections, such as typographical developing proposals for immediate corrections and updated applicability requirements; these estimates are not The information collection dates. binding upon the Government; requirements contained in this proposed In part 2416, the rule would correct Codify a class deviation approved by rule are being submitted to the Office of the prescription for 2416.506–70 to the CPO on October 19, 2016, to clause Management and Budget (OMB) under change ‘‘provision’’ to ‘‘clause,’’ instruct 2452.232–71 at paragraph (b)(2) to the Paperwork Reduction Act of 1995 the Contracting Officer to insert the require contractors to provide (44 U.S.C. 3501–3520). In accordance clause at 2452.216–77, add supporting documentation with with the Paperwork Reduction Act, an prescriptions for clause 2452.216–81 vouchers that adequately prove the agency may not conduct or sponsor, and and provision 2452.216–82 to codify legitimacy and compliance of costs a person is not required to respond to, agency-specific clauses. These clauses claimed, and the ability to appropriately a collection of information, unless the relate to estimated quantities, level of allocate costs claimed; collection displays a currently valid effort and fee payment, and labor Revise clause 2452.237–73 to remove OMB control number. categories. the second sentence of paragraph (b). In The burden of the information In part 2437, the rule would revise the current codification, that sentence collections in this proposed rule is 2437.110(e) to add prescriptions for relates to notification of a change in estimated as follows:

REPORTING AND RECORDKEEPING BURDEN

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

HUDAR: 2452.204–70 ...... 20 1 20 16 320 $14,080.00 2452.209–70 ...... 10 1 10 0.5 5 220.00 2452.209–72 ...... 2 1 2 1 2 88.00 2452.215–70 ...... 150 1 150 80 12,000 528,000.00 2452.215–70, Alt I ...... 25 1 25 40 1,000 44,000.00 2453.215–72 ...... 25 4 100 2 200 8,800.00 2452.216–72 ...... 2 4 8 2 16 704.00

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15103

REPORTING AND RECORDKEEPING BURDEN—Continued

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

2452.216–75 ...... 2 4 8 40 320 14,080.00 2452.216–78, Alt II ...... 5 1 5 4 20 880.00 2452.219–70 ...... 50 1 50 0.5 25 1,100.00 2452.219–74 ...... 1 1 1 16 16 704.00 2452.227–70 ...... 5 1 5 40 200 8,800.00 2452.237–70 ...... 150 1 150 1 150 6,600.00 2452.237–75 (initial) ...... 100 1 100 8 800 35,200.00 2452.237–75 (report) ...... 100 4 400 8 3,200 140,800.00 2451.237–81 ...... 20 1 20 0.5 10 440.00 2452.239–70 (initial) ...... 100 1 100 8 800 35,200.00 2452.239–70 (report) ...... 100 4 400 8 3,200 140,800.00 2452.242–71 (plan) ...... 40 4 160 8 320 14,080.00 2452.242–71 (report) ...... 10 4 40 6 240 10,560.00 2453.227–70 ...... 1 1 1 8 8 352.00 Contractor Release ...... 15 1 15 1 15 660.00 Contractor Assignment of Rebates, Credits ...... 1 1 1 1 1 44.00

Total Costs ...... 1,006,192.00

In accordance with 5 CFR Washington, DC 20503, Fax number: 202– Regulatory Flexibility Act 1320.8(d)(1), HUD is soliciting 395–6947 The Regulatory Flexibility Act (RFA) comments from members of the public and to one of the two options below: (5 U.S.C. 601 et seq.) generally requires and affected agencies concerning this an agency to conduct a regulatory collection of information to: Ms. Colette Pollard, HUD Reports Liaison (1) Evaluate whether the proposed Officer, Office of the Chief Information flexibility analysis of any rule subject to collection of information is necessary Officer, Department of Housing and Urban notice and comment rulemaking for the proper performance of the Development, 451 7th Street SW, Room requirements, unless the agency certifies functions of the agency, including 2204, Washington, DC 20410 that the rule will not have a significant whether the information will have or economic impact on a substantial number of small entities. This proposed practical utility; Interested persons may submit (2) Evaluate the accuracy of the rule makes technical changes to existing comments regarding the information agency’s estimate of the burden of the contracting procedures and does not collection requirements electronically proposed collection of information; make any major changes that would (3) Enhance the quality, utility, and via the Federal eRulemaking Portal at significantly impact businesses. clarity of the information to be http://www.regulations.gov. HUD Accordingly, the undersigned certifies collected; and strongly encourages commenters to that this rule will not have a significant (4) Minimize the burden of the submit comments electronically. economic impact on a substantial collection of information on those who Electronic submission of comments number of small entities. are to respond, including through the allows the commenter maximum time to Notwithstanding HUD’s determination use of appropriate automated collection prepare and submit comments, ensures that this rule will not have a significant techniques or other forms of information timely receipt by HUD, and enables economic impact on a substantial technology, e.g., permitting electronic HUD to make comments immediately number of small entities, HUD submission of responses. available to the public. Comments specifically invites comments regarding Interested persons are invited to submitted electronically via the http:// less burdensome alternatives to this rule submit comments regarding the www.regulations.gov website can be that will meet HUD’s objectives as information collection requirements in viewed by other commenters and described in this preamble. this rule. Under the provisions of 5 CFR interested members of the public. To part 1320, OMB is required to make a submit comments electronically, Environmental Impact decision concerning this collection of commenters should follow the This proposed rule does not direct, information between 30 and 60 days instructions provided on the website. provide for assistance or loan and after the publication date. Therefore, a Unfunded Mandates Reform Act mortgage insurance for, or otherwise comment on the information collection govern or regulate real property requirements is best assured of having Title II of the Unfunded Mandates acquisition, disposition, leasing, its full effect if OMB receives the Reform Act of 1995 (2 U.S.C. 1531– rehabilitation, alteration, demolition, or comment within 30 days of the 1538) (UMRA) establishes requirements new construction, or establish, revise, or publication date. This time frame does for Federal agencies to assess the effects provide for standards for construction or not affect the deadline for comments to of their regulatory actions on state, construction materials, manufactured the agency on the proposed rule, local, and tribal governments and the housing, or occupancy. Accordingly, however. Comments must refer to the private sector. This rule does not under 24 CFR 50.19(c)(1), this proposed proposal by name and docket number impose any Federal mandate on any rule is categorically excluded from (FR–6041–P–01) and must be sent to: state, local, or tribal government or the environmental review under the HUD Desk Officer, Office of Management and private sector within the meaning of National Environmental Policy Act of Budget, New Executive Office Building, UMRA. 1969 (42 U.S.C. 4321).

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15104 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Executive Order 13132, Federalism Categories, Requirements, and contracts meeting the requirements Executive Order 13132 (entitled Estimated Level of Effort, in all level-of- stated in paragraphs (a) and (b) of this ‘‘Federalism’’) prohibits an agency from effort solicitations. Contracting Officer’s section, and in instances where the publishing any rule that has federalism Representatives will provide the labor clause is to be incorporated, pursuant to implications if the rule imposes descriptions and estimated number of FAR 12.301(f), a waiver to the standard substantial direct compliance costs on hours. Contracting Officers will obtain commercial requirements, to include the state and local governments and is not wage rate determinations for any clause, is not required. classifications covered by the Service required by statute, or the rule preempts (d) The Contracting Officer shall use Contract Act. state law, unless the agency meets the the basic clause for cost type, labor- hour, and time and materials contracts consultation and funding requirements PART 2437—SERVICE CONTRACTING of section 6 of the Executive Order. This for the services described in paragraph proposed rule would not have ■ 5. The authority citation for part 2437 (b) of this section. The clause shall be federalism implications and would not continues to read as follows: used with its alternate for fixed-price type contracts for the services described impose substantial direct compliance Authority: 40 U.S.C. 121(c); 42 U.S.C. costs on state and local governments or 3535(d). in paragraph (b). The Contracting Officer may elect to incorporate the preempt state law within the meaning of ■ 6. Amend 2437.110 by adding the Executive Order. clause into contracts below the paragraphs (e)(7) and (8) to read as established threshold. List of Subjects in 48 CFR Parts 2402, follows: (e) The clause is not applicable to 2416, 2437, 2442, and 2452 2437.110 Solicitation provisions and contracts that only expend a level of Government procurement. contract clauses. effort without a completion deliverable/ For the reasons discussed in the * * * * * product due, e.g., temporary services. preamble, HUD proposes to amend 48 (e) * * * (f) This clause is not applicable to CFR chapter 24 as follows: (7) The Contracting Officer shall Information Technology service insert provision 2452.237–82, Access to contracts being managed through PART 2402—DEFINITIONS OF WORDS Controlled Unclassified Information Earned Value Management techniques AND TERMS (CUI), in Section L of solicitations when that require reporting of Earned Value controlled unclassified information Management. ■ 1. The authority citation for part 2402 (‘‘CUI’’), as defined in the provision, continues to read as follows: will be provided to potential offerors for PART 2452—SOLICITATION the purpose of preparing offers. PROVISIONS AND CONTRACT Authority: 40 U.S.C. 121(c); 42 U.S.C. CLAUSES 3535(d). (8) The Contracting Officer shall insert clause 2452.237–83 in Section H, ■ 9. The authority citation for part 2452 2402.101 [Amended] Access to Controlled Unclassified continues to read as follows: ■ 2. Amend 2402.101 by removing the Information (CUI), of solicitations and contracts under which contractor and/or Authority: 40 U.S.C. 121(c); 42 U.S.C. definitions of ‘‘Government Technical 3535(d). Monitor (GTM)’’ and ‘‘Government subcontractor employees will be granted Technical Representative (GTR)’’. access to controlled unclassified Subpart 2452.2—Texts of Provisions information (CUI) as defined in the and Clauses PART 2416—TYPES OF CONTRACTS clause. ■ 10. Revise 2452.203–70 to read as ■ 3. The authority citation for part 2416 PART 2442—CONTRACT follows: continues to read as follows: ADMINISTRATION AND AUDIT SERVICES 2452.203–70 Prohibition against the use of Authority: 40 U.S.C. 121(c); 41 U.S.C. 253; federal employees. 42 U.S.C. 3535(d). ■ 7. The authority citation for part 2442 As prescribed in 2403.670, insert the ■ 4. Amend 2416.506–70 by revising continues to read as follows: following clause in solicitations and paragraph (c) and adding paragraphs (e) Authority: 40 U.S.C. 121(c); 42 U.S.C. contracts: and (f) to read as follows: 3535(d). PROHIBITION AGAINST THE USE OF 2416.506–70 Solicitation provisions and ■ 8. Revise 2442.1107 to read as follows: FEDERAL EMPLOYEES ([ABBREVIATED contract clauses. MONTH AND YEAR OF DATE OF 2442.1107 Contract clause. * * * * * PUBLICATION OF FINAL RULE]) (a) For purposes of clause 2452.242– (c) Estimated quantities— In accordance with Federal Acquisition 71, the term ‘‘contract’’ shall also requirements contract. The Contracting Regulation 3.601, contracts are not to be include task orders and purchase orders. Officer shall insert the clause at awarded to Federal employees or a business (b) The Contracting Officer shall concern or other organization owned or 2452.216–77, Estimated Quantities— insert a clause substantially the same as substantially owned or controlled by one or Requirements Contract, in all the clause at 2452.242–71, Contract more Federal employees. For the purposes of solicitations for requirements contracts. Management System, in solicitations this contract, this prohibition against the use * * * * * and contracts when all of the following of Federal employees includes any work (e) Level of effort and fee payment. conditions apply: performed by the contractor or any of its The Contracting Officer shall insert (1) A contract exceeds $1,000,000, employees, subcontractors, or consultants. clause 2452.216–81, Level of Effort and including all options; and (End of clause) Fee Payment, in all level-of-effort term (2) The contract is a completion type ■ 11. Revise 2452.208–71 to read as contracts. that requires the delivery of an overall follows: (f) Labor categories, requirements, and end deliverable or solution (e.g., estimated level of effort. The evaluation, study, model). 2452.208–71 Reproduction of reports. Contracting Officer shall insert (c) To the extent the clause will not As prescribed in 2408.802–70, insert provision 2452.216–82, Labor normally be included in commercial the following clause in solicitations and

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15105

contracts where the contractor is up through the permitted number. Pages LEVEL OF EFFORT AND FEE PAYMENT required to produce, as an end product, beyond that limit will not be evaluated. ([ABBREVIATED MONTH AND YEAR OF (2) A page shall consist of one side of a DATE OF PUBLICATION OF FINAL RULE]) publications or other written materials: ″ ″ single sheet of 8.5 x 11 paper, single (a) The total level of effort to be provided REPRODUCTION OF REPORTS spaced, using not smaller than 12-point type ([ABBREVIATED MONTH AND YEAR OF under this contract is ll hours. The font, and having margins at the top, bottom, contractor shall be reimbursed for the actual DATE OF PUBLICATION OF FINAL RULE]) and sides of the page of no less than one inch labor costs incurred. in width. In accordance with Title I of the (b) The contractor shall be paid the fixed (3) Any exemptions from this limitation are Government Printing and Binding fee specified in B. ll, Estimated Cost and stipulated under the Instructions to Offerors. Regulations, printing of reports, data or other Fixed Fee, herein, on a prorated basis in (4) Offerors are encouraged to use recycled written material, if required herein, is proportion to the percentage of the level of authorized provided that the material paper and to use both sides of the paper (see the FAR clause at 52.204–4). effort (LOE) performed at the time of billing produced does not exceed 5,000 production in accordance with the following formula: units of any page and that items consisting (End of Provision) (Number of acceptable hours delivered) of multiple pages do not exceed 25,000 ■ 13. Revise 2452.216–80 to read as divided by (Total hours in level of effort) X production units in aggregate. The aggregate (Total fixed fee) = Fee payment number of production units is determined by follows: (e.g., 1,000 hours delivered/10,000 hours multiplying the number of pages by the 2452.216–80 Estimated cost and fixed-fee. (LOE) × $15,000 = $1,500) number of copies. A production unit is one (c) In no event shall the amount of fee paid sheet, size 8.5 by 11 inches or less, printed As prescribed in 2416.307(b), insert under the contract exceed the total fixed fee on one side only and in one color. All copy the following clause: specified in B.[ ], Estimated Cost and Fixed preparation to produce camera-ready copy ESTIMATED COST AND FIXED–FEE Fee, herein. for reproduction must be set by methods ([ABBREVIATED MONTH AND YEAR OF other than hot metal typesetting. The reports DATE OF PUBLICATION OF FINAL RULE]) (End of clause) should be produced by methods employing (a) It is estimated that the total cost to the ■ stencils, masters and plates which are to be 15. Add 2452.216–82 to read as Government for full performance of this follows: used on single unit duplicating equipment no contract will be $lll [Contracting Officer larger than 11 by 17 inches with a maximum insert amount], of which $lll 3 1 2452.216–82 Labor categories, image of 10 ⁄4 by 14 ⁄4 inches and are [Contracting Officer insert amount] requirements, and estimated level of effort. prepared by methods or devices that do not represents the estimated reimbursable costs, utilize reusable contact negatives and/or and $lll [Contracting Officer insert As prescribed in 2416.506–70(g), positives prepared with a camera requiring a amount] represents the fixed fee. insert the following provision in all darkroom. All reproducibles (camera ready (b) If this contract is incrementally funded, level-of-effort solicitations: copies for reproduction by photo offset the following shall apply: LABOR CATEGORIES, REQUIREMENTS, methods) shall become the property of the (1) Total funds currently available for AND ESTIMATED LEVEL OF EFFORT Government and shall be delivered to the payment and allotted to this contract are ([ABBREVIATED MONTH AND YEAR OF Government with the report, data, or other $lll [Contracting Officer insert amount], DATE OF PUBLICATION OF FINAL RULE]) written materials. of which lll [Contracting Officer insert (End of clause) amount] represents the limitation for (a) The Government anticipates that the following categories of labor shall be ■ reimbursable costs and $lll Contracting 12. Amend 2452.215–70 by revising Officer insert amount] represents the necessary to provide the services required by Alternate II to read as follows: prorated amount of the fixed fee (see also the any contract resulting from this solicitation. Offerors must provide evidence that 2452.215–70 Proposal content. clause at FAR 52.232–22, ‘‘Limitation of Funds’’ herein). proposed staff meet the technical * * * * * (2) If and when the contract is fully requirements for each category. (1) [Insert labor titles and technical Alternate II funded, as specified in paragraph (a) of this clause, the clause at FAR 52.232–20, requirements] As prescribed in 2415.209(a), add the ‘‘Limitation of Cost,’’ herein, shall become (b) To assist offerors in the preparation of following paragraph (e) when the size of applicable. proposals, the Government estimates that the any proposal Part I or Part II will be (3) The Contracting Officer may allot following levels of effort (staff hours) will be limited: additional funds to the contract up to the necessary to provide the services required by total specified in paragraph (a) of this clause any contract resulting from this solicitation. PROPOSAL CONTENT ALTERNATE II without the concurrence of the contractor. These estimates are not binding on the ([ABBREVIATED MONTH AND YEAR OF (End of clause) Government. Offerors must break out their DATE OF PUBLICATION OF FINAL RULE]) proposed costs by labor category. The ■ (e) Size limits of Parts I and II. (1) Offerors 14. Add 2452.216–81 to read as contract performance period is intended to be shall limit submissions of Parts I and II of follows: for a total of [ ] months (a base period of their initial proposals to the page limitations [ ] months with [ ][insert number of 2452.216–81 Level of effort and fee identified in the Instructions to Offerors. options] [ ][insert number of months per payment. Offerors are cautioned that, if any Part of option]-month option periods. The actual their proposal exceeds the stipulated limits As prescribed in 2416.506–70(f), duration of the base period may be different. for that Part, the Government will evaluate insert the following clause in all level- Offerors may propose labor at different rates only the information contained in the pages of-effort term contracts: per contract period.

STAFF HOURS

1st option 2nd option 3rd option 4th option Labor category Base period period period period period

[Insert titles and estimated number of hours per category]

(End of provision) ■ 16. Revise 2452.219–72 to read as 2452.219–72 Section 8(a) direct awards. follows: As prescribed in 2419.811–3(f), insert the following clause:

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15106 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

SECTION 8(A) DIRECT AWARD https://arc.publicdebt.treas.gov/ipp/ Acquisition Regulation and HUD Acquisition ([ABBREVIATED MONTH AND YEAR OF fsippqrg.htm in accordance with the Regulation. The Contracting Officer may DATE OF PUBLICATION OF FINAL RULE]) instructions on the website. To constitute a disallow all or part of a claimed cost that is (a) This contract is issued as a direct award proper invoice, the invoice must include all inadequately supported. between the Department of Housing and items required by the FAR clause at 52.232– (3) For time-and-materials and labor-hour Urban Development (HUD) and the 8(a) 25, ‘‘Prompt Payment.’’ contracts, the Contractor shall aggregate Contractor pursuant to a Partnership (2) To assist the Government in making vouchered costs by the individual task for Agreement (Agreement) between the Small timely payments, the Contractor is also which the costs were incurred and clearly Business Administration (SBA) and HUD. requested to include on each invoice the identify the task or job. appropriation number shown on the contract The SBA retains responsibility for 8(a) (c) Final payment. The final payment shall award document (e.g., block 14 of the certification, 8(a) eligibility determinations not be made until the Contracting Officer has Standard Form (SF) 26, block 21 of the SF– and related issues, and providing counseling certified that the Contractor has complied 33, or block 25 of the SF–1449). and assistance to the 8(a) contractor under with all terms of the contract. the 8(a) program. The cognizant SBA district (End of Alternate II) (End of clause) office is: ■ 18. Revise 2452.232–71 to read as ALTERNATE I ([ABBREVIATED MONTH [To be completed by Contracting Officer at follows: AND YEAR OF DATE OF PUBLICATION OF time of award]. FINAL RULE]) (b) SBA is the prime contractor and lll 2452.232–71 Voucher submission (cost- As prescribed in HUDAR Section [insert name of 8(a) contractor] is the reimbursement, time-and-materials, and 2432.908(c)(3), replace paragraphs (a)(1) and subcontractor under this contract. Under the labor hour). (2) with the following Alternate I paragraphs terms of the Agreement, HUD is responsible As prescribed in HUDAR Section to HUDAR Clause 2452.232–71, Voucher for administering the contract and taking any 2432.908(c)(3), insert the following Submission (Cost Reimbursement, Time- action on behalf of the Government under the And-Materials, and Labor Hour) in time and terms and conditions of the contract. clause in all cost-reimbursable, time- material, cost-reimbursable and labor hour However, the HUD Contracting Officer shall and-materials, and labor-hour solicitations and contracts other than give advance notice to the SBA before issuing solicitations and contracts where performance-based under which a final notice terminating performance, either vouchering and payments will NOT be performance-based payments will be used in whole or in part, under the contract. The made through the Department of and where invoices are to be submitted HUD Contracting Officer shall also Treasury’s Bureau of Fiscal Services electronically by email, but will not be paid coordinate with SBA prior to processing any Invoice Processing Platform (IPP) through the Department of Treasury’s Bureau novation agreement(s). HUD may assign system: of Fiscal Services Invoice Processing contract administration functions to a Platform (IPP) system. contract administration office. 2452.232–71 VOUCHER SUBMISSION (a) Voucher submission. (1) The Contractor (c) lll [insert name of 8(a) contractor] (COST–REIMBURSEMENT, TIME-AND- shall submit vouchers electronically via agrees: MATERIALS, AND LABOR HOUR) email to the email addresses shown on the (1) To notify the HUD Contracting Officer, ([ABBREVIATED MONTH AND YEAR OF contract award document (e.g., block 12 of simultaneously with its notification to SBA DATE OF PUBLICATION OF FINAL RULE]) the Standard Form (SF) 26, block 25 of the (as required by SBA’s 8(a) regulations), when (a) Voucher submission. (1) The Contractor SF–33, or block 18a of the SF–1449) and the owner or owners upon whom 8(a) shall submit lll [Contracting Officer carbon copy the Contracting Officer and the eligibility is based, plan to relinquish insert billing period, e.g., monthly], an Contracting Officer’s Representative (COR). ownership or control of the concern. original and two copies of each voucher. In In addition to the items required by the Consistent with 15 U.S.C. 637(a)(21), transfer addition to the items required by the clause clause at FAR 52.232–25, Prompt Payment, of ownership or control shall result in at FAR 52.232–25, Prompt Payment, the the voucher shall show the elements of cost termination of the contract for convenience, voucher shall show the elements of cost for for the billing period and the cumulative unless SBA waives the requirement for the billing period and the cumulative costs costs to date. The Contractor shall clearly termination prior to the actual relinquishing to date. The Contractor shall submit all include in the Subject line of the email: of ownership or control. vouchers, except for the final voucher, as VOUCHER INCLUDED; CONTRACT/ORDER (2) To adhere to the requirements of FAR follows: original to the payment office and #: lll and CONTRACT LINE ITEM 52.219–14, ‘‘Limitations on Subcontracting.’’ one copy each to the Contracting Officer and NUMBER(S) lll. (End of Clause) the Contracting Officer’s Representative (COR) identified in the contract. The (2) To assist the Government in making ■ 17. Revise Alternate II of 2452.232–70 Contractor shall submit all copies of the final timely payments, the contractor is requested to read as follows: voucher to the Contracting Officer. to include on each voucher the applicable (2) To assist the Government in making appropriation number(s) shown on the award 2452.232–70 Payment schedule and timely payments, the Contractor is requested or subsequent modification document (e.g., invoice submission (Fixed-Price). to include on each voucher the applicable block 14 of the Standard Form (SF) 26, or * * * * * appropriation number(s) shown on the award block 21 of the SF–33). or subsequent modification document (e.g., (End of Alternate I) ALTERNATE II ([ABBREVIATED MONTH block 14 of the Standard Form (SF) 26, or AND YEAR OF DATE OF PUBLICATION OF As prescribed in HUDAR Section block 21 of the SF–33). The contractor is also FINAL RULE]) 2432.908(c)(3), replace paragraphs (a)(1) and requested to clearly indicate on the mailing (2) of the HUDAR Clause 2452.232–71, As prescribed in HUDAR Section envelope that a payment voucher is enclosed. Voucher Submission (Cost-Reimbursement, 2432.908(c)(2), replace paragraphs (b)(1) and (b) Contractor remittance information. (1) Time-And-Materials, And Labor Hour) with (2) of the HUDAR Clause 2452.232–70 The Contractor shall provide the payment the following Alternate II language in all Payment Schedule and Invoice Submission office with all information required by other cost-reimbursement, time-and-materials, and (Fixed-price) with the following Alternate II payment clauses contained in this contract. labor-hour type solicitations and contracts language in all fixed price solicitations and (2) The Contractor shall submit all when requiring vouchers to be submitted contracts when requiring invoices to be necessary supporting documentation with electronically to the Department of submitted electronically to the Department of vouchers that adequately demonstrate that Treasury’s Bureau of Fiscal Services Invoice Treasury’s Bureau of Fiscal Services Invoice costs claimed (1) have been incurred Processing Platform (IPP) system. Processing Platform (IPP) system: (including time sheets from the prime and (b) Submission of invoices. (1) The subcontractor’s automated or manual time ALTERNATE II ([ABBREVIATED MONTH Contractor shall obtain access and submit tracking records and paid invoices for AND YEAR OF DATE OF PUBLICATION OF invoices to the Department of Treasury materials acquired), (2) reflect that they are FINAL RULE]) Bureau of Fiscal Services’ Invoice Platform allocable to the contract tasks, and (3) (a) Voucher submission. (1) The Contractor Processing System via the Web at URL: comply with cost principles in the Federal shall obtain access and submit invoices to the

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15107

Department of Treasury Bureau of Fiscal is of a nature described in paragraph (b) of site, https://www.opm.gov/investigations/e- Services’ Invoice Platform Processing System this clause. qip-application/. The COR will provide all via the Web at URL: https:// (End of clause) other forms that are not obtainable via the arc.publicdebt.treas.gov/ipp/fsippqrg.htm in internet. ■ accordance with the instructions on the 20. Revise 2452.237–75 to read as (2) The Contractor shall deliver the forms website. To constitute a proper voucher, in follows: and information required in paragraph (c)(1) addition to the items required by the clause of this clause to the COR as secure as at FAR 52.232–25, Prompt Payment, the 2452.237–75 Access to HUD facilities. possible. voucher shall show the elements of cost for As prescribed in 2437.110(e)(3), insert (3) The information provided in the billing period and the cumulative costs the following clause in solicitations and accordance with paragraph (c)(1) of this to date. contracts: clause will be used to perform a background investigation to determine the suitability of (2) To assist the Government in making ACCESS TO HUD FACILITIES timely payments, the Contractor is requested the contractor employees to have access to ([ABBREVIATED MONTH AND YEAR OF Government facilities. After completion of to include on each voucher the applicable DATE OF PUBLICATION OF FINAL RULE]) appropriation number(s) shown on the award the investigation, the COR will notify the or subsequent modification document (e.g., (a) Definitions. As used in this clause— Contractor in writing when any contractor block 14 of the Standard Form (SF) 26, or ‘‘Access’’ means physical entry into and, to employee is determined to be unsuitable for block 21 of the SF–33). the extent authorized, mobility within a access to a Government facility. The Government facility. (End of Alternate II) Contractor shall immediately remove such ‘‘Contract’’ means any authorized employee(s) from work on this contract that ■ 19. Revise 2452.237–73 to read as contractual instrument, including, but not requires physical presence in a Government follows: restricted to, task orders, purchase orders, facility. Blanket Purchase Agreement calls, etc. (4) Affected contractor employees who 2452.237–73 Conduct of work and ‘‘Contractor employee’’ means an employee have had a Federal background investigation technical guidance. of the prime contractor or of any without a subsequent break in Federal As prescribed in 2437.110(e)(2), insert subcontractor, affiliate, partner, joint venture, employment or Federal contract service the following clause in all contracts for or team members with which the Contractor exceeding 2 years may be exempt from the services: is associated. It also includes consultants investigation requirements of this clause engaged by any of those entities. subject to verification of the previous CONDUCT OF WORK AND TECHNICAL ‘‘Facility’’ and ‘‘Government facility’’ mean investigation. For each such employee, the GUIDANCE ([ABBREVIATED MONTH AND buildings, including areas within buildings Contractor shall submit the following YEAR OF DATE OF PUBLICATION OF that are owned, leased, shared, occupied, or information in lieu of the forms and FINAL RULE]) otherwise controlled by the Federal information listed in paragraph (c)(1) of this (a) The Contracting Officer will provide the Government. clause: completed PIV and Pre-Security contractor with the name and contact ‘‘NACI’’ means National Agency Check Form. information of the Contracting Officer’s with Inquiries, the minimum background (d) PIV Cards. (1) HUD will issue a PIV Representative (COR) assigned to this investigation prescribed by the U.S. Office of Card to each contractor employee who is to contract. The COR will serve as the Personnel Management. be given access to HUD facilities and who Contractor’s liaison with the Contracting ‘‘PIV Card’’ means the Personal Identity does not already possess a PIV Card Officer with regard to the conduct of work. Verification (PIV) Card, the Federal acceptable to HUD (see paragraph (b) of this The Contracting Officer will notify the Government-issued identification credential clause). HUD will not issue the PIV Card Contractor in writing of any change to the (identification badge). until the contractor employee has (1) current COR’s status or the designation of a (b) General. The performance of this successfully cleared the FBI National successor COR. contract requires contractor employees to Criminal History Fingerprint Check, (2) HUD (b) The COR for liaison with the Contractor have access to HUD facilities. All such has initiated the background investigation for as to the conduct of work is [to be inserted employees who do not already possess a the contractor employee, and (3) a Security at time of award] or a successor designated current PIV Card acceptable to HUD shall be Approval Notice from HUD PSD via by the Contracting Officer. required to provide personal background [email protected] has been (c) The COR will provide guidance to the information, undergo a background received. Initiation is defined to mean that all Contractor on the technical performance of investigation (NACI or other OPM-required background information required in the contract. Such guidance shall not be of or approved investigation), including an FBI paragraph (c)(1) of this clause has been a nature which: National Criminal History Fingerprint Check, delivered to HUD. The employee may not be (1) Causes the Contractor to perform work and obtain a PIV Card prior to being given access prior to those three events. HUD outside the statement of work or permitted access to any such facility in the may issue a PIV Card and grant access specifications of the contract; performance of this contract. pending the completion of the background (2) Constitutes a change as defined in FAR Unescorted access to any such facility in investigation. HUD will revoke the PIV Card 52.243–1; performance of this contract. HUD may and the employee’s access if the background (3) Causes an increase or decrease in the accept a PIV Card issued by another Federal investigation process for the employee, cost of the contract; Government agency, but shall not be required including adjudication of the investigation (4) Alters the period of performance or to do so. No contractor employee will be results, has not been completed within 6 delivery dates; or permitted unescorted access to a HUD facility months after the issuance of the PIV Card. (5) Changes any of the other express terms without a proper PIV Card. (2) PIV Cards shall identify individuals as or conditions of the contract. (c) Background information. (1) For each contractor employees. Contractor employees (d) The COR will issue technical guidance contractor employee subject to the shall display their PIV Cards on their persons in writing or, if issued orally, he/she will requirements of this clause and not in at all times while working in a HUD facility, confirm such direction in writing within five possession of a current PIV Card acceptable and shall present cards for inspection upon (5) calendar days after oral issuance. The to HUD, the Contractor shall submit the request by HUD officials or HUD security COR may issue such guidance via telephone, following properly completed forms: personnel. facsimile (fax), or electronic mail. Electronic Standard Form (SF) 85, (3) The Contractor shall be responsible for (e) Other specific limitations [to be inserted ‘‘Questionnaire for Non-Sensitive Positions all PIV Cards issued to the Contractor’s by Contracting Officer]: via e-QIP,’’ completed USAccess enrollment employees and shall immediately notify the (f) The Contractor shall promptly notify the (electronic fingerprinting) and Optional Form COR if any PIV Card(s) cannot be accounted Contracting Officer whenever the Contractor (OF) 306 (Items 1 through 17). Forms SF–85 for. The Contractor shall promptly return PIV believes that guidance provided by any and OF–306 are available from OPM’s Cards to HUD, as required by the FAR clause government personnel, whether or not website, http://www.opm.gov. The electronic at 52.204–9. The Contractor shall notify the specifically provided pursuant to this clause, questionnaire is available on OPM’s e-QIP COR immediately whenever any contractor

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15108 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

employee no longer has a need for his/her (CUI), as defined in the provision, will company authorized to bind the firm to the HUD-issued PIV Card (e.g., employee be provided to potential offerors for the commitments made by the agreement and the terminates employment with the contractor, purpose of preparing offers. individual nondisclosure agreements employee’s duties no longer require access to executed by those offeror employees or HUD facilities). The COR will instruct the ACCESS TO CONTROLLED UNCLASSIFIED representatives to whom the sensitive Contractor on how to return the PIV Card, INFORMATION (CUI) ([ABBREVIATED information will be provided. and upon expiration of this contract, the COR MONTH AND YEAR OF DATE OF (2) Nondisclosure Agreement between the will instruct the Contractor on how to return PUBLICATION OF FINAL RULE]) Department of Housing and Urban all HUD-issued PIV Cards not previously (a) For the sole purpose of preparing an Development and Offeror Employee or Other returned. Unless otherwise directed by the offer in response to this solicitation, HUD External Party Granting Conditional Access Contracting Officer, the Contractor shall not may make certain controlled unclassified to Controlled Unclassified Information return PIV Cards to any person other than the information (CUI) available to prospective (‘‘Nondisclosure Agreement’’) (see COR. offerors. Attachment Jll [contracting officer insert (4) The Contractor shall submit a report to (b) CUI: attachment number]). A separate agreement the Contracting Officer and COR no later than (1) Is any information which the loss, must be executed by each person to whom five (5) calendar days after the end of each misuse, or modification of, or unauthorized access to CUI will be provided, regardless of calendar quarter that provides the status of access to, could adversely affect the national whether HUD or the Offeror provides such each employee who is required to work in a interest or the conduct of Federal programs access. The offeror is responsible for ensuring HUD facility during the performance of the or the privacy to which individuals are that each individual who is provided access contract. At a minimum, the report shall entitled under section 552a of title 5, United to CUI executes a nondisclosure agreement. identify the contractor and the contract States Code (the Privacy Act), but which has (3) NDAs must be submitted to the CO and number, and list for each employee the not been specifically authorized under COR within ten (10) days after contract following information: criteria established by an Executive Order or award or as otherwise specified by the CO. (i) Employee name; an Act of Congress to be kept secret in the (d) CUI will be provided to prospective (ii) Name of HUD facility where employee interest of national defense or foreign policy; offerors as follows: [describe how works; (2) Is not available to the general public; information will be provided including: the (iii) Date background check submitted; (3) May include: party responsible for providing access to (iv) Date PIV Card issued; (i) Government acquisition-sensitive information, the procedure for obtaining (v) PIV card number; information, including source selection access, and the format in which the (vi) Date employee no longer has need of information as defined at section 2.101 of the information is contained; e.g., ‘‘by the the HUD PIV Card; Federal Acquisition Regulation (48 CFR contracting officer on compact disk (CD) at (vii) Date Contracting Officer and COR chapter 1); contractor bid or proposal the pre-proposal meeting]. were notified that employee no longer had information; (e) The offeror’s failure to comply with any need of the HUD PIV Card; and (ii) Information contained in individual part of this provision or with the terms of the (viii) Date PIV Card was returned to COR. contracts that is not public information and required nondisclosure agreements may (e) Control of access. HUD shall have, and such contract information that is contained disqualify the offeror for consideration of any exercise, complete control over granting, in Government databases; proprietary contract awarded under this solicitation. denying, withholding, and terminating access economic, financial, or business information (End of Provision) of contractor employees to HUD facilities. (e.g., salary information) provided to the ■ 22. Add 2452.237–83 to read as The COR will notify the Contractor Government by other parties (e.g., other immediately when HUD has determined that contractors) or belonging to HUD; follows: an employee is unsuitable or unfit to be (iii) Personally identifiable information permitted access to a HUD facility. The 2452.237–83 Access to controlled (PII) that includes, but is not limited to, unclassified information (CUI). Contractor shall immediately notify such Social Security numbers, names, dates of employee that he/she no longer has access to birth, places of birth, parents’ names, credit As prescribed in HUDAR any HUD facility, remove the employee from card numbers, applications for entitlements, 2437.110(e)(8), the Contracting Officer any such facility that he/she may be in, and and information relating to a person’s private shall insert clause 2452.237–83 in provide a suitable replacement in accordance financial, income, employment, and tax Section H of solicitations and contracts with the requirements of this clause. records; and under which contractor and/or (f) Access to HUD information systems. If (iv) Other information that the HUD subcontractor employees will be granted this contract requires contractor employees to Contracting Officer (CO) or other authorized have access to HUD information system(s), access to controlled unclassified HUD employee explicitly identifies as CUI. information as defined in the clause. application(s), or information contained in (4) May exist in various physical media such systems, the Contractor shall comply (e.g., paper, electronic file, audio, or video ACCESS TO CONTROLLED UNCLASSIFIED with all requirements of HUDAR clause disc), may be transmitted orally, developed INFORMATION (CUI) ([ABBREVIATED 2452.239–70, Access to HUD Systems, under or pre-exist any related contract, and MONTH AND YEAR OF DATE OF including providing for each affected may be in its original form, or a derivative PUBLICATION OF FINAL RULE]) employee any additional background form (i.e., where the information has been (a) For the sole purpose of performing work investigation forms prescribed in that clause. included in contractor-generated work, or required under this contract, the contracting (g) Subcontracts. The Contractor shall where it is discernible from materials officer may grant the contractor–including incorporate this clause in all subcontracts incorporating or based upon such contractor employees, subcontractors, and where the requirements specified in information). subcontractor employees–access to paragraph (b) of this section are applicable to (c) As a prior condition to being provided controlled unclassified information (CUI). performance of the subcontract. access to any CUI, each prospective offeror (b) CUI: (End of clause) shall execute the following nondisclosure (1) Is any information which the loss, ■ 21. Add 2452.237–82 to read as agreements and deliver the executed misuse, or modification of, or unauthorized agreements to the Contracting Officer: access to, could adversely affect the national follows: (1) Nondisclosure Agreement between the interest or the conduct of Federal programs 2452.237–82 Access to controlled Department of Housing and Urban or the privacy to which individuals are unclassified information (CUI). Development (‘‘HUD’’) and Offeror Granting entitled under section 552a of title 5, United Conditional Access to Controlled States Code (the Privacy Act), but which has As prescribed in HUDAR Unclassified Information (‘‘Offeror not been specifically authorized under 2437.110(e)(7), the Contracting Officer Agreement’’) (see Attachment J-ll criteria established by an Executive Order or shall insert provision 2452.237–82 in [contracting officer insert attachment an Act of Congress to be kept secret in the Section L of solicitations when number]). This agreement must be executed interest of national defense or foreign policy; controlled unclassified information by an officer or other representative of the (2) Is not available to the general public;

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15109

(3) May include: ‘‘Contractor employee’’ means an employee (3) An alien lawfully admitted into, and (i) Government acquisition-sensitive of the prime contractor or of any lawfully permitted to be employed in the information, including source selection subcontractor, affiliate, partner, joint venture, United States, provided that for any such information as defined at section 2.101 of the or team members with which the Contractor individual, the Government is able to obtain Federal Acquisition Regulation (48 CFR is associated. It also includes consultants sufficient background information to chapter 1); contractor bid or proposal engaged by any of those entities. complete the investigation as required by this information; ‘‘Mission-critical system’’ means an clause. Failure on the part of the contractor (ii) Information contained in individual information technology or to provide sufficient information to perform contracts that is not public information and telecommunications system used or operated a required investigation or the inability of the such contract information that is contained by HUD or by a HUD contractor, or Government to verify information provided in Government databases; proprietary organization on behalf of HUD, that processes for affected contractor employees will result economic, financial, or business information any information, the loss, misuse, disclosure, in denial of their access. (e.g., salary information) provided to the or unauthorized access to, or modification of (d) Background investigation process. (1) Government by other parties (e.g., other which would have a debilitating impact on The Contracting Officer’s Representative contractors) or belonging to HUD; the mission of the agency. (COR) shall notify the contractor of those (iii) Personally identifiable information ‘‘NACI’’ means a National Agency Check contractor employee positions requiring (PII) that includes, but is not limited to social with Inquiries, the minimum background background investigations. security numbers, names, dates of birth, investigation prescribed by the Office of (i) For each contractor employee requiring places of birth, parents’ names, credit card Personnel Management (OPM). access to HUD information systems, the numbers, applications for entitlements, and ‘‘PIV Card’’ means the Personal Identity contractor shall submit the following information relating to a person’s private Verification (PIV) Card, the Federal properly completed forms: Electronic Government-issued identification credential financial, income, employment, and tax Standard Form (SF) 85, ‘‘Questionnaire for (i.e., identification badge). records; and Non-sensitive Positions’’ via e-QIP, ‘‘Sensitive information’’ means any (iv) Other information that the HUD completed USAccess enrollment (electronic information of which the loss, misuse, or contracting officer or other authorized HUD fingerprinting) and Optional Form (OF) 306 unauthorized access to, or modification of, (Items 1 through 17). The SF–85 and OF–306 employee explicitly identifies as CUI; and could adversely affect the national interest, (4) May exist in various physical media are available from the OPM website, http:// the conduct of Federal programs, or the www.opm.gov. The electronic questionnaire (e.g., paper, electronic file, audio or video privacy to which individuals are entitled disc) or be transmitted orally, may be is available on OPM’s e-QIP site, https:// under section 552a of title 5, United States www.opm.gov/investigations/e-qip- developed under or pre-exist any related Code (the Privacy Act), but which has not contract, and may be in its original form or application/. been specifically authorized under criteria (ii) For each contractor employee requiring a derivative form (i.e., where the information established by an Executive Order or an Act access to mission-critical systems and/or has been included in contractor-generated of Congress to be kept secret in the interest sensitive information contained within a work, or where it is discernible from of national defense or foreign policy. HUD system and/or application(s), the materials incorporating or based upon such ‘‘System’’ means an interconnected set of Contractor shall submit the following information). information resources under the same direct properly completed forms: Electronic SF– (c) As a prior condition to being provided management control, which shares common 85P, ‘‘Questionnaire for Public Trust access to any CUI, each contractor or functionality. A system normally includes subcontractor employee shall execute the hardware, software, information, data, Positions’’ via e-QIP;’’ Electronic Standard nondisclosure agreement in attachment J.ll applications, communications, and people Form (SF) 85, ‘‘Questionnaire for Non- [contracting officer insert attachment (see OMB Circular A–130). System includes sensitive Positions via e-QIP,’’ completed number] to this contract and deliver the any system owned by HUD or owned and USAccess enrollment (electronic executed agreement to the contracting officer. operated on HUD’s behalf by another party. fingerprinting) and Optional Form (OF) 306 (d) The contractor shall include this clause (b) General. (1) The performance of this (Items 1 through 17). The SF–85 and OF–306 in all subcontracts. contract requires contractor employees to are available from the OPM website, http:// (e) The contractor’s failure to comply with have access to a HUD system or systems. All www.opm.gov. The Electronic questionnaire any part of this clause or with the terms of such employees who do not already possess is available on OPM’s e-QIP site, https:// the required nondisclosure agreements may a current PIV Card acceptable to HUD shall www.opm.gov/investigations/e-qip- result in the termination of this contract for be required to provide personal background application/; and a Fair Credit Reporting Act default. information, undergo a background form (authorization for the credit-check portion of the investigation). Contractor (End of Clause) investigation (NACI or other OPM-required or approved investigation), including an FBI employees shall complete the Medical ■ 23. Revise 2452.239–70 to read as National Criminal History Fingerprint Check, Release behind the SF–85P. follows: and obtain a PIV Card prior to being (iii) The electronic questionnaires (e-QIP) permitted access to any such system in SF–85, 85P, and OF–306 are available from 2452.239–70 Access to HUD systems. performance of this contract. HUD may OPM’s websites https://www.opm.gov/ As prescribed in 2439.107(a), insert accept a PIV Card issued by another Federal investigations/e-qip-application/ and http:// the following clause: Government agency, but shall not be required www.opm.gov. The COR will provide all to do so. No contractor employee will be other forms that are not obtainable via the ACCESS TO HUD SYSTEMS permitted access to any HUD system without internet. ([ABBREVIATED MONTH AND YEAR OF a PIV Card. (2) The Contractor shall deliver the forms DATE OF PUBLICATION OF FINAL RULE]) (2) All contractor employees who require and information required in paragraph (d)(1) (a) Definitions. As used in this clause— access to mission-critical systems or sensitive of this clause to the COR as securely as ‘‘Access’’ means the ability to obtain, view, information contained within a HUD system possible. read, modify, delete, and/or otherwise make or application(s) are required to have a more (3) Affected contractor employees who use of information resources. extensive background investigation. The have had a Federal background investigation ‘‘Application’’ means the use of investigation shall be commensurate with the without a subsequent break in Federal information resources (information and risk and security controls involved in employment or Federal contract service information technology) to satisfy a specific managing, using, or operating the system or exceeding 2 years may be exempt from the set of user requirements (see Office of applications(s). investigation requirements of this clause, Management and Budget (OMB) Circular A– (c) Citizenship-related requirements. Each subject to verification of the previous 130). affected contractor employee as described in investigation. For each such employee, the ‘‘Contract’’ means any authorized paragraph (b) of this clause shall be: Contractor shall submit the following contractual instrument, including, but not (1) A United States (U.S.) citizen; or, information in lieu of the forms and restricted to, task orders, purchase orders, (2) A national of the United States (see 8 information listed in paragraph (d)(1) of this Blanket Purchase Agreement calls, etc. U.S.C. 1408); or, clause: PIV and Pre-Security Form.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15110 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

(4) The investigation process shall consist (2) PIV Cards shall identify individuals as (h) Nondisclosure of information. (1) of a range of personal background inquiries contractor employees. Contractor employees Neither the Contractor nor any of its and contacts (written and personal) and shall display their PIV Cards on their persons employees shall divulge or release data or verification of the information provided on at all times while working in a HUD facility, information developed or obtained during the investigative forms described in and shall present cards for inspection upon performance of this contract, except to paragraph (d)(1) of this clause. request by HUD officials or HUD security authorized Government personnel with an (5) Upon completion of the investigation personnel. established need to know, or upon written process, the COR will notify the Contractor (3) The Contractor shall be responsible for approval of the Contracting Officer. if any contractor employee is determined to all PIV Cards issued to the Contractor’s Information contained in all source be unsuitable to have access to the system(s), employees and shall immediately notify the documents and other media provided by application(s), or information. Such an COR if any PIV Card(s) cannot be accounted HUD is the sole property of HUD. employee may not be given access to those for. The Contractor shall promptly return PIV (2) The contractor shall require that all resources. If any such employee has already Cards to HUD as required by the FAR clause employees who may have access to the been given access pending the results of the at 52.204–9. The Contractor shall notify the system(s)/applications(s) identified in background investigation, the Contractor COR immediately whenever any contractor paragraph (b) of this clause sign a pledge of shall ensure that the employee’s access is employee no longer has a need for his/her nondisclosure of information. The employees revoked immediately upon receipt of the HUD-issued PIV Card (e.g., the employee shall sign these pledges before they are COR’s notification. terminates employment with the Contractor, permitted to perform work under this (6) Failure of the COR to notify the the employee’s duties no longer require contract. The contractor shall maintain the Contractor (see paragraph (d)(1) of this access to HUD systems). The COR will signed pledges for a period of 3 years after clause) of any employee who should be instruct the Contractor as to how to return final payment under this contract. The subject to the requirements of this clause and the PIV Card. Upon expiration of this contractor shall provide a copy of these is known, or should reasonably be known, by contract, the COR will instruct the Contractor pledges to the COR. the Contractor to be subject to the as to how to return all HUD-issued PIV Cards (i) Security procedures. (1) The Contractor requirements of this clause, shall not excuse not previously returned. Unless otherwise shall comply with applicable Federal and the Contractor from making such employee(s) directed by the Contracting Officer, the HUD statutes, regulations, policies, and known to the COR. Any such employee who Contractor shall not return PIV Cards to any procedures governing the security of the is identified and is working under the person other than the COR. system(s) to which the Contractor’s contract, without having had the appropriate (4) The Contractor shall submit a report to employees have access including, but not background investigation or furnished the the Contracting Officer and COR no later than limited to: required forms for the investigation, shall five (5) calendar days after the end of each (i) The Federal Information Security calendar quarter that provides the status of cease to perform such work immediately and Management Act (FISMA); each employee who is required to work in a shall not be given access to the system(s)/ (ii) Office of Management and Budget HUD facility during the performance of the application(s) described in paragraph (b) of (OMB) Circular A–130, Management of contract. At a minimum, the report shall this clause until the Contractor has provided Federal Information Resources, Appendix III, identify the Contractor and the contract Security of Federal Automated Information the investigative forms to the COR for the number, and list for each employee the Resources; employee, as required in paragraph (d)(1) of following information: (iii) HUD Handbook 2400.25, Information this clause. (i) Employee name; (7) The Contractor shall notify the COR in (ii) Name of HUD facility where employee Technology Security Policy; writing whenever a contractor employee for works; (iv) HUD Handbook 732.3, Personnel whom a background investigation package (iii) Date background check submitted; Security/Suitability; was required and submitted to HUD, or for (iv) Date PIV Card issued; (v) Federal Information Processing whom a background investigation was (v) PIV card number; Standards 201 (FIPS 201), Sections 2.1 and completed, terminates employment with the (vi) Date employee no longer has need of 2.2; Contractor or otherwise is no longer the HUD PIV Card; (vi) Homeland Security Presidential performing work under this contract that (vii) Date Contracting Officer and COR Directive 12 (HSPD–12); and requires access to the system(s), were notified that employee no longer has (vii) OMB Memorandum M–05–24, application(s), or information. The Contractor need of the HUD PIV Card; and Implementing Guidance for HSPD–12. shall provide a copy of the written notice to (viii) Date PIV Card returned to COR. The HUD Handbooks are available online the Contracting Officer. (f) Control of access. HUD shall have and at: http://www.hud.gov/offices/adm/ (e) PIV Cards. (1) HUD will issue a PIV exercise full and complete control over hudclips/ or from the COR. Card to each contractor employee who is to granting, denying, withholding, and (2) The Contractor shall develop and be given access to HUD systems and does not terminating access of contractor employees to maintain a compliance matrix that lists each already possess a PIV Card acceptable to HUD systems. The COR will notify the requirement set forth in paragraphs (b), (c), HUD (see paragraph (b) of this clause). HUD Contractor immediately when HUD has (d), (e), (f), (g), (h), (i)(1), and (m) of this will not issue the PIV Card until the determined that an employee is unsuitable or clause with specific actions taken, and/or contractor employee has (1) successfully unfit to be permitted access to a HUD system. procedures implemented, to satisfy each cleared an FBI National Criminal History The Contractor shall immediately notify such requirement. The contractor shall identify an Fingerprint Check, (2) HUD has initiated the employee that he/she no longer has access to accountable person for each requirement, the background investigation for the contractor any HUD system, physically retrieve the date upon which actions/procedures were employee, and (3) a Security Approval Notice employee’s PIV Card from the employee, and initiated/completed, and certify that from HUD PSD via PSDContractorIn-box@ provide a suitable replacement employee in information contained in this compliance hud.gov has been received. Initiation is accordance with the requirements of this matrix is correct. The Contractor shall ensure defined to mean that all background clause. that information in this compliance matrix is information required in paragraph (d)(1) of (g) Incident response notification. An complete, accurate, and up-to-date at all this clause has been delivered to HUD. The incident is defined as an event, either times for the duration of this contract. Upon employee may not be given access prior to accidental or deliberate, that results in request, the Contractor shall provide copies those three events. HUD may issue a PIV unauthorized access, loss, disclosure, of the current matrix to HUD. Card and grant access pending the modification, or destruction of information (3) The Contractor shall ensure that its completion of the background investigation. technology systems, applications, or data. employees, in performance of the contract, HUD will revoke the PIV Card and the The contractor shall immediately notify the receive annual training (or once if the employee’s access if the background COR and the Contracting Officer of any contract is for less than one year) in HUD investigation process for the employee, known or suspected incident, or any information technology security policies, including adjudication of the investigation unauthorized disclosure of the information procedures, computer ethics, and best results, has not been completed within 6 contained in the system(s) to which the practices in accordance with HUD Handbook months after the issuance of the PIV Card. Contractor has access. 2400.25.

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15111

(j) Access to contractor’s systems. The (b) The contract management system shall reporting period for budgeted work, and the Contractor shall afford HUD, including the consist of two parts: projected costs required to complete the work Office of Inspector General, access to the (1) Baseline plan. The baseline plan shall under the contract. Contractor’s facilities, installations, consist of: (3) Reporting frequency. The reports operations, documentation (including the (i) A narrative portion that: described in paragraph (b)(2) of this clause compliance matrix required under paragraph (A) Identifies each task and significant shall be submitted [insert period, e.g., (i)(2) of this clause), databases, and personnel activity required for completing the contract used in performance of the contract. Access work, critical path activities, task monthly, quarterly, or schedule based on shall be provided to the extent required to dependencies, task milestones, and related when payments will be made under the carry out, but not limited to, any information deliverables; contract]. security program activities, investigation, and (B) Describes the contract schedule, (c) The formats, forms, and/or software to audit to safeguard against threats and hazards including the period of time needed to be used for the contract management system to the integrity, availability, and accomplish each task and activity (see under this contract shall be [Contracting confidentiality of HUD data and systems, or paragraph (b)(1)(ii)(B) of this clause); Officer insert appropriate language, such as to the function of information systems (C) Describes staff (e.g., hours per ‘‘as prescribed in the schedule;’’ ‘‘a format, operated on behalf of HUD, and to preserve individual), financial, and other resources forms and/or software designated by the evidence of computer crime. allocated to each task and significant activity; COR’’ or, ‘‘the Contractor’s own format, forms (k) Contractor compliance with this clause. and Failure on the part of the Contractor to (D) Provides the rationale for contract work and/or software, subject to the approval of comply with the terms of this clause may organization and resource allocation. the COR.’’]. result in termination of this contract for (ii) A graphic portion showing: (d) When this clause applies to individual default. (A) Cumulative planned or budgeted costs task orders under the contract, the word (l) Physical access to Federal Government of work scheduled for each reporting period ‘‘contract’’ shall mean ‘‘task order.’’ facilities. The Contractor and any over the life of the contract (i.e., the budgeted (End of clause) subcontractor(s) shall also comply with the baseline); and requirements of HUDAR clause 2452.237–75 (B) The planned start and completion dates * * * * * when the Contractor’s or subcontractor’s of all planned and budgeted tasks and ■ employees will perform any work under this 25. Revise 2452.246–70 to read as activities. follows: contract on site in a HUD or other Federal (2) Progress reports. Progress reports shall Government facility. consist of: 2452.246–70 Inspection and acceptance. (m) Subcontracts. The Contractor shall (i) A narrative portion that: incorporate this clause in all subcontracts (A) Provides a brief, concise summary of As prescribed in 2446.502–70, insert where the requirements specified in technical progress made and the costs paragraph (b) of this clause are applicable to the following clause in all solicitations incurred for each task during the reporting performance of the subcontract. and contracts: period; and (End of clause) (B) Identifies problems, or potential INSPECTION AND ACCEPTANCE ■ 24. Amend 2452.242–71 by revising problems, that will affect the contract’s cost ([ABBREVIATED MONTH AND YEAR OF the introductory text and main clause to or schedule, the causes of the problems, and DATE OF PUBLICATION OF FINAL RULE]) read as follows: the Contractor’s proposed corrective actions. Inspection and acceptance of all work (ii) A graphic portion showing: required under this contract shall be 2452.242–71 Contract management (A) The original time-phased, budgeted performed by the Contracting Officer’s system. baseline; Representative (COR) or other individual as (B) The schedule status and degree of As prescribed in 2442.1107, insert the designated by the Contracting Officer or COR. following clause: completion of the tasks, activities, and deliverables shown in the baseline plan for (End of clause) CONTRACT MANAGEMENT SYSTEM the reporting period, including actual start ([ABBREVIATED MONTH AND YEAR OF and completion dates for all tasks and ■ 26. Revise 2452.3 to read as follows: DATE OF PUBLICATION OF FINAL RULE]) activities in the baseline plan; and 2452.3 Provision and clause matrix. (a) The Contractor shall use contract (C) The costs incurred during the reporting management baseline planning and progress period, the current total amount of costs BILLING CODE 4210–67–P reporting as described herein. incurred through the end date of the

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15112 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

HUDAR Matrix

Key:

T:~:l!e of Contract:

IP/C IEIIProvision or Clause liD DR IEIIDismantling, Demolition, or Removal oflmprovements IEIIArchitect- Engineering I 101 IIA&E I IUCF IEIIUniform Contract Format Section, when ApplicableiiFAC IEIIFacilities I IFPSUP IEIIFixed-Price Supply IliND DEL IEIIIndefinite Delivery I ICRSUP IEIIcost-Reimbursement Supply IEIITransportation IITRN I IFPR&D IEIIFixed-Price Research & Development II SAP IEIISimplified Acquisition Procedures (excluding micro-purchase) ICRR&D IEIICost Reimbursement Research & Development IIUTL svciEIIUtility Services I IFPSVC IEIIFixed-Price Service IEIICommercial Items llci I ICRSVC lEI ICost Reimbursement Service II IFPCON IEIIFixed-Price Construction llcontract Purl!ose:

lcRCON lEI Icost Reimbursement Construction IIR IEIIReq uired

IT&M LH IEIITime & Material/Labor Hours liRA IEIIRequired when Applicable

ILMV IEIILeasing of Motor Vehicles llo IEIIoptional lcoM svciEIIcommunication Services lloo IEIIRevision

PRINCIPLE TYPE AND/OR PURPOSE OF CONTRACT II PROVISION OR CLAUSE

2452.203-70 Prohibition Against the Use of Federal Employees

2452.204-70 Preservation of, and Access to, Contract Records (Tangible and Electronically Stored Information (ESI) Formats) ~=====l ======!::=:::!!::::=::!~==l!:=::::!!:::=::!!:::::::::!!::=::::!l!::=::;!!::=!!::=::::!l I Alternate! II 2404.7001 I@JQJD0D0D0D01RAIDD~IRAI~~~D~D I Altematell II 2404.7001 I@JQJ0D0D0D0DIRAIDIRAI~IRAI~~~D~0 ::~:~;,"""' '~'W'-'" ~D~~[j[j~~~~[j~[j~[j~~~~~~

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.001 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15113

PR~:~~~: OR PREs~:IBED ~~ucF~~~~R:DIIRC:nl~~~c:NIIc~:IIT~HMIILMVII~~~~~~DDRIIA&EIIFACII::IITRNIQI~~~~GJ ~}~;;". D~D~~DDDDDDDDDDDDDDDDD ~;~~:~" D~DDDDDDDDDDDDDDDDDDDD r~~~;". D~DDDDDDDDDDDDDDDDDDDD ~::~:r 2415.20~., ~~DDLJLJ~~~~LJLIJ~LJ~~~D~~ I Alternate! 112415.209(a) 10QJ~~DD~~DDIRAIIRAIIRAI~D~~~D~~ I Alternate[[ 112415.209(a) 10QJDDIRAURAI~~~RAIIRAIIRAIIRAIIRAIIRAIIRAIIRAIIRAIIRAIDIRAIIRAI I Alternate[[[ 112415.209(a) 10QJ~~~~RA~~~~~~~RAIIRAIIRAIIRAI~~~RAID~IRAI r= r= r==r== = r== 2452.215-71 2415.209(a)(2) P M RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA Relative Importance of Technical Evaluation Factors to Cost

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.002 15114 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

2452.216-76 2416.506- C I RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA Minimum and 70(b) Maximum Quantities and Amounts for Order ~~~~~,, :======:,,~,::~ ~lJDDUDDDDDDDDDDDDDDDtJ 24 ~~:::~ ;:,::~ DD~~Llll~~~~Ll~Ll~Ll~~~~~~ I Alternate! I 24~~(~~6- DCJLJLJLJLJLJLJLJLJEJLJLJLJLJLJLJLJLJLJLJ

I Altemateii I 24~~(~~6- DCJLJLJLJLJLJLJLJLJEJLJLJLJLJLJLJLJLJLJLJ ~~~;:~~~· l4lb.3~(h) DDD~DLJD~D~DDDDDDDDDDD ~;:;~~1:· l4lb.3~(h) DDD~DLJD~D~DDDDDDDDDDD ~~~:~".. ,,~,~~ ~DDDDDDDDDDDDDDDDDDDD r= r== r= = r== 2452.216-82 2416.506- P L RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA Labor 70(g) Categories, Requirements, and Estimated Level of Effort

2419 70

~\~:::~:;. :======:. ••,, ~lJDDlJDDDDDDDDDDDDDDDtJ r- r-- r--- - r-- 2452.219-71 2419.811- C I Notification of 3(d)(3) competition limited to eligible 8(a) concerns- Altern ate III to FAR 52.219-18

3

~~:g,, :======:l4,,.• ll- (" ~DDDDDDDDDDDDDDDDDDDO

;~:::.~::' l4<070.(b) ~DDDDDDDDDDDDDDDDDDDD 12452.219-74 11 2419.708(b) I~QJ@J@J@:J~@J@J~~~~~~~@J~~D~~

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.003 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15115 ;,:;:.::::: DDDDDDDDDDDDDDDDDDDDDD PR~~~~~:OR PRES~:IBED ~Q~~IR:DIIR~D~~~~~~~~~~~IIDDRIIA&EIQ~Q~~GJ r--- r--- r--- r-- r--- 2452.222-70 2422.1408(c) C I RA RA RA RA RA RA RA RA RA RA RA RA RA RA Accessibility of meetings, conferences, and seminars to persons with disabilities ~~::::· LJ~DDD~~~~~~LJD~~~~~~~~~ I Alternate I II 2427.470 I@JQJDDI RA II RA ~~~~~~DI RA II RAil RA ~~~~~~~ r=== r=== r=== r=== r=== 2452.232-70 2432.908(c)(2) C I R R R R Payment Schedule and Invoice Submission (Fixed-Price) !::::::::::::!!::::::::::::!:::::: ======!::::::::::::!!::::::::::::!!::::::::::::!!::::::::::::!!::::::::::::!!::::::::::::! I Alternate rll2432.908(c)(2li@]QJ~DI RA ID~D~DDDDDDDDDDDD 2432

tE::~m."" WS(o)(J) ~DDDDDDDDDDDDDDDDDDDD I Alternate rll2432.908(c)(3li@JQJD~DI RA ID~D~I RA IDDDDDDDDDD

E§~~:~, wLw;-w ~DDDDDDDDDDDDDDDDDDDD 2432

;~:?~~ WS(o)(l) ~DDDDDDDDDDDDDDDDDDDD ~!:.::::4N". 2432705~, ~D~~LJLJ~~~~LJLJLJ~LJ~~~~~~ Ei~;~ ... D~DDDDDDDDDDDDDDDDDDDD !:~~~~n7:17o Key 2437.110(e)(l) ~CJDLJI RA II RA ILJLJI RA II RA II RA 101 RA II RA 11 RA IIRAiuiRA IDLJIRAI 2437 2

r~~? ll0(·)( )~DDDDDDDDDDDDDDDDDDDD 7 ;;;::~ "' -· .o,.)(.,, ~DDDLJLJOD~~LJ[J[J~LJOD~DOO

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.004 15116 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

2452.237-81 2437.110(e)(6) C I LABOR CATEGORIES, UNIT PRICES PER HOUR, AND PAYMENT RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA

2452.237-82 2437.110(e)(7) P L RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA Access to Cuntrulled Unclassified Information (CUI)

2452.237-83 2437.110(e)(8) C H RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA RA Access to Controlled Unclassified Information (CUI)

PROVISION OR PRESCRIBED [;!]n~l

~:::~~ 2439.107(>) ~DDDLJLJ~U~~LJDLJ~LJ~~~U~U 2439 107

r.~~;,,, . (h) ~DDDDDDDDDDDDDDDDDDDD I II IDDOODDDDDDDDDDDDDDODD 2 2442 705 70 :::~~~~ ~::ts . - ~CJDLJDEJDLJDEJEJDDDDDDDDDD g~~~:, D~DDDDDDDDDDDDDDDDDDDD I Alternate I II 2442.1107 1@]0001 RA ID~D~DI RA 101 RA ~~~ RA ID~D@J~~ I II IDDOODDDDDDDDDDDDDDODD 2 20 ~::::::, «4. ~,, ~DUULJLJ~U~~LJLJLJ~LJ~~~U~U

:::::::". 24%502-70 ~~~~LIJ~~~~LJLJLJ~LJ~~~~~LJ ~r1?~: D~DDDDDDDDDDDDDDDDDDDD

BILLING CODE 4210–67–C

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.005 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15117

Dated: February 28, 2018. Atmospheric Administration (NOAA), Background Keith W. Surber, Commerce. Chief Procurement Officer. A proposed rule published March 13, ACTION: Proposed rule; correction. 2018 (83 FR 10954) for the take of [FR Doc. 2018–06362 Filed 4–6–18; 8:45 am] marine mammals incidental to the BILLING CODE 4210–67–P SUMMARY: This document contains Navy’s training and testing activities in corrections to the preamble of the the AFTT Study Area. This correction proposed regulations published on replaces Table 4 contained in the DEPARTMENT OF COMMERCE March 13, 2018, governing the take of preamble of the proposed training National Oceanic and Atmospheric marine mammals incidental to the U.S. activities within the AFTT Study Area. Administration Navy (Navy) training and testing activities in the Atlantic Fleet Training Need for Correction and Testing (AFTT) Study Area. This 50 CFR Part 218 As published on page 10963 of the action is necessary to correct an error in preamble to the proposed rule, Table 4. [Docket No. 170720687–8212–01] where sections of the table were omitted Proposed Training was incorrect. in the Federal Register notice on March RIN 0648–BH06 Sections of the table were missing from 13, 2018. the preamble, specifically Amphibious Taking and Importing Marine DATES: Applicable on April 9, 2018. Warfare, Anti-Submarine Warfare, Mammals; Taking Marine Mammals Expeditionary Warfare, Mine Warfare, Incidental to the U.S. Navy Training FOR FURTHER INFORMATION CONTACT: and a portion of Surface Warfare. This and Testing Activities in the Atlantic Stephanie Egger, Office of Protected correction does not change NMFS’ Fleet Training and Testing Study Area Resources, NMFS; phone: (301) 427– analysis or conclusions in the proposed 8401, [email protected]. AGENCY: National Marine Fisheries rule. Table 4 is corrected to read as Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: follows:

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15118 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Table 4. Proposed Training Activities Analyzed within the AFTT Study Area.

Aircraft carrier and its associated aircraft VACAPES integrate with surface RC and submarine units in Composite Training Navy Acoustic a challenging multi­ 12 21 days Unit Exercise Cherry threat operational PointRC environment in order JAXRC to certify them for deployment.

ASW1, ASW2, 4 20 JAXRC Aircraft carrier and its ASW3, associated aircraft ASW4, integrates with surface HF1, Fleet and submarine units in LF6, Up to 10 Acoustic Exercises/Sustainment a challenging multi- IYIF1, days Exercise threat operational VACAPES MF3, 2 10 environment in order RC IYIF4, to maintain their IYIF5, ability to deploy. Iv!Fll, IYIF12

ASW1, 6 30 JAXRC ASW3, submarines integrate Navy ASW4, 3 15 Cherry the use of their Naval Undersea HF1, PointRC sensors to search for, Warfare Training LF6, Acoustic detect, classify, 2-5 days Assessment Course IYIF1, localize, and trdck a IYIF3, threat submarine in VACAPES IYIF4, 3 15 order to launch an RC IYIF5, exercise torpedo. IYIF12

ASW1, 2 10 JAXRC ASW3, ASW4, Navy Surface ships, aircraft, HF1, 1 5 Cherry Anti-Submarine and submarines LF6, PointRC Acoustic Warfare Tactical coordinate to search IYIF1, 5-7 days Development Exercise for, detect, and track IYIF3, VACAPES submarines. IYIF4, 1 5 IYIF5, RC MFll, IYIF12

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.007 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15119

' .·. Jntegrate'f/1(/oordintited Ttqining ._. Small (Jo(frdinated Anti...Sub~rine Waifa:re. trciittil1t:. > : ASW2, 4 20 JAXRC ASW3, Navy ASW4, 5 25 Cherry Surface ships and HFl, PointRC helicopters search for, I'v!Fl, Acoustic Group Sail 2-3 days detect, and track threat MF3, submarines. MF4, VACAPES 5 25 MF5, RC I'v!Fll, MF12 .. Alnphihious Warfare .. · ··: .· .· . ' ; .•:" ..... · · ...... ·. .·.· . ' . I ·.• ...•... ·.·. Surface ship crews GOMEX 4 20 use large-caliber guns RC lo support forces 12 60 JAXRC ashore; however, the Navy Naval Surface Fire l-2 hrs of land target is 2 10 Cherry Explosive Support Exercise -At E5 firing, 8 simulated at sea. PointRC Sea hrs total Rounds are scored by passive acoustic buoys VACAPES 38 190 located at or ncar the RC target area...... ; ... . < ., ... . A.nfi..Sulimwi1m Warfare .····. .. '< .• ··. .. Helicopter aircrews 14 70 JAXRC search for, !rack, and Anti-submarine detect submarines. MF4, Acoustic Warfare Torpedo Recoverable air MF5, VACAPES 2-5 hrs 4 20 Exercise - Helicopter launched torpedoes TORPl RC are employed against submarine targets. Maritime patrol 14 70 JAXRC aircraft aircrews Anti-submarine search for, track, and Warfare Torpedo detect submarines. MF5, Acoustic VACAPES 2-8 hrs Exercise - Maritime Recoverable air TORPl 4 20 RC Patrol Aircraft launched torpedoes are employed against submarine targets. Surface ship crews 16 80 JAXRC Anti-Submarine search for, track, and ASW3, Acoustic Warfare Torpedo detect submarines. MFl, VACAPES 2-5 hrs 5 25 Exercise -Ship Exercise torpedoes are TORPl RC used. Submarine crews 12 60 JAXRC ASW4, Anti-Submarine search for, track, and Northeast HFl, 6 30 Acoustic Warfare Torpedo detect submarines. RC 8 hrs MF3, Exercise- Submarine Exercise torpedoes are VACAPES TORP2 2 10 used. RC Other 24 120 AFTT Areas Anti-Submarine Helicopter aircrews 370 1,850 JAXRC MF4, Acoustic Warfare Tracking search for, track, and Navy 2-4 hrs MF5 Exercise - Helicopter detect submarines. 12 60 Cherry PointRC VACAPES 8 40 RC

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.008 15120 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Northeast 90 450 RC Anti-Submarine Maritime patrol VACAPES 176 880 Warfare Tracking aircraft aircrews ASW2, RC Acoustic 2-8 hrs Exercise - Maritime search for, track, and Iv!F5 525 2,625 JAXRC Patrol Aircraft detect submarines. Navy 46 230 Cherry PointRC Northeast 5* 25* RC Other 110* 550* AFTT ASWl, Areas Anti-Submarine Surface ship crews ASW3, GOMEX 5* 25* Acoustic Warfare Tracking search for, track, and IviF 1, RC 2-4 hrs Exercise - Ship detect submarines. Iv!Fll, 440* 2,200* JAXRC MF12 Navy 55* 275* Cherry PointRC VACAPES 220* 1,1 00* RC Other 44 220 AFTT Areas 13 65 JAXRC Anti-Submarine Submarine crews ASW4, Navy Acoustic Warfare Tracking search for, track, and HF1, 1 5 Cherry 8 hrs Exercise- Submarine detect submarines. Iv!F3 PointRC Northeast 18 90 RC VACAPES 6 30 RC : ··· .. ···.·. ·: ·.. ·. : ... . :.·· < \ · .. ·. : .... ExpeditWnal'J' Wa11{«ra •· .... .· .. ·•······· ...... GOMEX 2 10 RC Small boat crews 2 10 JAXRC engage in force Navy Maritime Security protection activities 2 10 Cherry Explosive Operations- Anti- by using anti- E2 1 hr PointRC Swimmer Grenades swimmer grenades to Northeast defend against hostile 4 20 RC divers. VACAPES 5 25 RC · .. . . . ·:·. .. Mine .Warfar~· .. . . ·.· ·.·.. • .•··.· : ... ··· .. GOMEX 66 330 RC 317 1,585 JAXRC Navy Helicopter aircrews Airborne Mine 371 1,855 Cherry detect mines using Acoustic Countermeasure - HF4 PointRC 2 hrs towed or laser nrine Mine Detection NSWC detection systems. 244 1,220 Panama City VACAPES 1,540 7,700 RC

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.009 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15121

Beaumont, TX: Boston, MA; COipUS Christi, TX; Delaware Bay, DE: Earle, NJ; GOMEX RC: Hampton Maritime security Roads, VA; Civilian Port Defense personnel train to HF4, JAXRC: Acoustic, -Homeland Security protect civilian ports Multiple SAS2 l 3 Kings Bay, Explosive Anti-Terrorism/Force against enemy efforts days E2,E4 GA;NS Protection Exercise to interfere with Mayport; access to those ports. Morehead City, NC; Port Canaveral, FL; Savannah, GA; Tampa Bay, FL; VACAPES RC: Wilmington ,DE A detaclnnent of GOMEX 2 10 helicopter aircrews RC Coordinated Unit train as a unit in the 2 10 JAXRC Level Helicopter use of airborne mine Navy Multiple Acoustic Airborne Mine countermeasures, such HF4 2 10 Cherry days Countermeasure as towed mine PointRC Exercise detection and VACAPES neutralization 2 10 RC svstems. GOMEX 132 660 Ship, small boat, and RC Mine helicopter crews 71 355 JAXRC Countermeasures - 1.5-4 hrs Acoustic, locate and disable HF4, Navy Mine Neutralization- Explosive mines using remotely E4 71 355 Cherry Remotely Operated operated underwater PointRC Vehicle vehicles. VACAPES 630 3,150 RC Ship crews detect and GOMEX 22 llO Mine avoid mines while RC Acoustic Countermeasures - navigating restricted HF4 53 265 JAXRC 1.5-4 hrs Ship Sonar areas or channels VACAPES 53 265 using active sonar. RC Lower 6 30 Chesapeake Mine Neutralization- Personnel disable E4,E5, Bay Upto4 Ex.1Jlosive Explosive Ordnance threat mines using E6,E7 GOMEX hrs Disposal explosive charges. 16 80 RC 20 100 JAXRC

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.010 15122 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Key West 17 85 RC Navy 16 80 Cherry PointRC VACAPES 524 2,620 RC .· .. i :., .·.· ·.· ...... •.· .·.· .. . : ·., Surface War.farf! ····.• .· : ' ... ··· . . GOMEX 67 335 RC 434 2,170 JAXRC Fixed-wing aircrews E9, Bombing Exercise Navy Explosive deliver bombs against ElO, lhr Air-to-Surface 108 540 Cherry surface targets. El2 PointRC VACAPES 329 1,645 RC GOMEX 6 30 RC 26 130 JAXRC Navy Gunnery Exercise Small boat crews fire 128 640 Cherry Explosive Surface-to-Surface medium-caliber guns El lhr PointRC Boat Medium-Caliber at surface targets. Northeast 2 10 RC VACAPES 260 1,300 RC Other 10 50 AFTT Areas GOMEX 9 45 Gunnery Exercise Surface ship crews RC Up to 3 Explosive Surface-to-Surface fire large-caliber guns E3,E5 51 255 JAXRC hrs Ship Large-Caliber at surface targets. Navy 35 175 Cherry PointRC VACAPES 75 375 RC Other 41 195 AFTT Areas GOMEX Surface ship crews 33 165 Gunnery Exercise RC fire medium-caliber Explosive Surface-to-Surface El 161 805 JAXRC 2-3 hrs guns at surface Ship Medium-Caliber Navy targets. 72 360 Cherry PointRC VACAPES 321 1,605 RC Naval forces defend VACAPES 2 10 against a swarm of RC surface threats (ships Integrated Live Fire or small boats) with El,E3, Explosive 6-8 hrs Exercise bombs, missiles, E6, E10 2 10 JAXRC rockets, and small-, medium- and large- caliber guns. Ex1Jlosive Missile Exercise Fixed-wing and E6,E8, 102 510 JAXRC lhr

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.011 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15123

Air-to-Surface helicopter aircrews E10 Navy fire air-to-surface 52 260 Cherry missiles at surface PointRC targets. VACAPES 88 440 RC GOMEX 10 50 RC Helicopter aircrews 102 510 JAXRC Missile Exercise fire both precision- Navy Explosive Air-to-Surface- guided and m1guided E3 1 hr 10 50 Cherry Rocket rockets at surface PointRC targets. VACAPES 92 460 RC Surface ship crews 16 80 JAXRC defend against surface Missile Exercise Explosive threats (ships or small E6, E10 VACAPES 2-5 hrs Surface-to-Surface 12 60 boats) and engage RC them with missiles. Aircraft, ship, and submarine crews deliberately sink a seaborne target, usually a TORP2 4-8 hrs, decommissioned ship , E5, Acoustic, SINKEX possibly Sinking Exercise (made E8,E9, 1 5 Explosive Box over 1-2 environmentally safe E10, days for sinking according Ell to U.S. Environmental Protection Agency standards), with a variety of munitions. · .· · ·. ·...... ··.: .• ...... Other T!'aininl! Ar;tivit;ies ...... · .• .:·. < ' Impact Lower Up to 20 A temporary pier is hammer 1 5 Chesapeake days for constmcted off the or Bay constmcti Elevated Causeway beach. Supporting Acoustic vibrator on, and System pilings arc driven into Navy y up to 10 the sand and then later 1 5 Cherry extracto days for removed. PointRC r removal NSB New 169 845 London Submarine crews NSB Kings operate sonar for 3 15 Bay navigation and object HFl, NS Upto2 Acoustic Submarine Navigation detection while 3 15 MF3 Mayport hrs transiting into and out 84 420 NS Norfolk of port during reduced Port visibility. 23 115 Canaveral, FL Other 12 60 AFTT Maintenance of Areas Submarine Sonar submarine sonar NSBNew Acoustic MF3 66 330 Up to 1 hr Maintenance systems is conducted London pierside or at sea. 9 45 JAXRC NSB Kings 2 10 Bay

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4725 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.012 15124 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules

Dated: April 3, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–07131 Filed 4–6–18; 8:45 am] BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4702 Sfmt 9990 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS EP09AP18.013 15125

Notices Federal Register Vol. 83, No. 68

Monday, April 9, 2018

This section of the FEDERAL REGISTER potential persons who are to respond to DEPARTMENT OF AGRICULTURE contains documents other than rules or the collection of information that such proposed rules that are applicable to the persons are not required to respond to Request for Extension and Revision of public. Notices of hearings and investigations, the collection of information unless it a Currently Approved Information committee meetings, agency decisions and displays a currently valid OMB control Collection rulings, delegations of authority, filing of number. petitions and applications and agency AGENCY: Agricultural Marketing Service, statements of organization and functions are Animal and Plant Health Inspection USDA. examples of documents appearing in this Service section. ACTION: Notice and request for Title: Importation of Baby Squash and comments. Baby Courgettes from Zambia. DEPARTMENT OF AGRICULTURE SUMMARY: In accordance with the OMB Control Number: 0579–0347. Paperwork Reduction Act of 1995, this Submission for OMB Review; Summary of Collection: Under the notice announces our intention to Comment Request Plant Protection Act (7 U.S.C 7701), the request a 3-year extension and revision Secretary of Agriculture is authorized to of a currently approved information April 4, 2018. carry out operations or measures to collection for ‘‘Export Inspection and The Department of Agriculture has detect, eradicate, suppress, control, Weighing Waiver for High Quality submitted the following information prevent, or retard the spread of plant Specialty Grain Transported in collection requirement(s) to OMB for pests new to the United States or not Containers’’. review and clearance under the known to be widely distributed The realignment of offices within the Paperwork Reduction Act of 1995, throughout the United States. APHIS U.S. Department of Agriculture Public Law 104–13. Comments are fruits and vegetables regulations allow authorized by the Secretary’s requested regarding (1) whether the the importation into the continental Memorandum dated November 14, collection of information is necessary United States of baby squash and baby 2017, eliminates the Grain Inspection, for the proper performance of the courgettes from Zambia. As a condition Packers and Stockyard Administration functions of the agency, including of entry, both commodities would have (GIPSA) as a standalone agency. The whether the information will have to be produced in accordance with a grain inspection activities formerly part practical utility; (2) the accuracy of the systems approach that would include of GIPSA are now organized under agency’s estimate of burden including AMS. the validity of the methodology and requirements for pest exclusion at the production site, fruit fly trapping inside assumptions used; (3) ways to enhance DATES: We will consider comments that and outside the production site, and the quality, utility and clarity of the we receive by June 8, 2018. pest excluding packinghouse information to be collected; and (4) ADDRESSES: We invite you to submit ways to minimize the burden of the procedures. Both commodities would also be required to be accompanied by comments on this notice by any of the collection of information on those who following methods: are to respond, including through the a phytosanitary certificate with an • The Federal eRulemarking portal: use of appropriate automated, additional declaration stating that the baby squash and baby courgette have http://www.regulations.gov. electronic, mechanical, or other • technological collection techniques or been produced in accordance with the Karen W. Guagliardo, Director, other forms of information technology. proposed requirements. Quality Assurance and Compliance Comments regarding this information Need and Use of the Information: Division (QACD), Federal Grain collection received by May 9, 2018 will APHIS will collect information using Inspection Service (FGIS), USDA/AMS, be considered. Written comments the following: Physanitary Certificate, STOP 3630, Room 2420-South, 1400 should be addressed to: Desk Officer for Records and Monitoring, Labeling on Independence Avenue SW, Washington, Agriculture, Office of Information and Cartons, Approval and Inspection of DC 20250–3630; [email protected]. Regulatory Affairs, Office of Greenhouses, Greenhouse Pest Comments should reference ‘‘High Management and Budget (OMB), New Detection Notification, and Emergency Quality Specialty Grain Exported in Executive Office Building, 725—17th Action Notification. Containers Information Collection,’’ and should reference the date and page Street NW, Washington, DC 20502. Description of Respondents: Business Commenters are encouraged to submit number of this issue of the Federal or other for-profits; Federal Register. The information collection their comments to OMB via email to: Government. [email protected] or package, public comments, and other fax (202) 395–5806 and to Departmental Number of Respondents: 2. documents relating to this action will be Clearance Office, USDA, OCIO, Mail Frequency of Responses: available for public inspection in the Stop 7602, Washington, DC 20250– Recordkeeping; Reporting: On occasion. above office during regular business hours (7 CFR 1.27(b)). 7602. Copies of the submission(s) may Total Burden Hours: 10. be obtained by calling (202) 720–8958. FOR FURTHER INFORMATION CONTACT: For An agency may not conduct or Ruth Brown, information regarding the collection of sponsor a collection of information Departmental Information Collection information activities and the use of the unless the collection of information Clearance Officer. information, contact Candace A. displays a currently valid OMB control [FR Doc. 2018–07149 Filed 4–6–18; 8:45 am] Hildreth, Compliance Officer at (202) number and the agency informs BILLING CODE 3410–34–P 720–0203.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15126 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

SUPPLEMENTARY INFORMATION: Congress upon request, for review and copying assumptions used; (3) ways to enhance enacted The United States Grain purposes. the quality, utility and clarity of the Standards Act (USGSA) (7 U.S.C. 71— information to be collected; and (4) Grain Contracts 87k) to facilitate the marketing of grain ways to minimize the burden of the in interstate and foreign commerce. The Estimate of Burden: Public reporting collection of information on those who USGSA, with few exceptions, requires and recordkeeping burden for are to respond, including through the that all grain shipped from the United maintaining contract information use of appropriate automated, States must be officially inspected and averages 6.0 hours per exporter. electronic, mechanical, or other officially weighed. The USGSA Respondents: Exporters of high technological collection techniques or authorizes the Department of quality specialty grain in containers. other forms of information technology. Agriculture to waive the mandatory Estimated Number of Respondents: Comments regarding this information inspection and weighing requirements 40. collection received by May 9, 2018 will of the USGSA in circumstances when Estimated Number of Respondents be considered. Written comments the objectives of the USGSA would not per Request: 1. should be addressed to: Desk Officer for Estimated Total Burden on be impaired. Agriculture, Office of Information and Respondents: 240 Hours. Regulatory Affairs, Office of Section 7 CFR 800.18 of the Estimated Total Cost: $1,780. regulations waives the mandatory Management and Budget (OMB), New Comments: Comments are invited on: Executive Office Building, 725 17th inspection and weighing requirements (a) Whether the collection of of the USGSA for high quality specialty Street NW, Washington, DC 20502. information is necessary for the proper Commenters are encouraged to submit grain exported in containers. FGIS performance of the functions of the established this waiver to facilitate the their comments to OMB via email to: agency, including whether the [email protected] or marketing of high quality specialty grain information will have practical utility; exported in containers. This action was fax (202) 395–5806 and to Departmental (b) the accuracy of agency’s estimate of Clearance Office, USDA, OCIO, Mail consistent with the objectives of the the burden of the proposed collection of USGSA and would promote the Stop 7602, Washington, DC 20250– information including the validity of the 7602. Copies of the submission(s) may continuing development of the high methodology and assumptions used; (c) quality specialty grain export market. be obtained by calling (202) 720–8958. ways to enhance the quality, utility, and An agency may not conduct or To ensure that exporters of high clarity of the information to be quality specialty grain complied with sponsor a collection of information collected; and (d) ways to minimize the unless the collection of information this waiver, FGIS required exporters to burden of the collection of information maintain records generated during the displays a currently valid OMB control on those who are to respond, including number and the agency informs normal course of business that pertain through the use of appropriate to these shipments and make these potential persons who are to respond to automated, electronic, mechanical, or the collection of information that such documents available upon request for other technological collection review or copying purposes (76 FR persons are not required to respond to techniques or forms of information the collection of information unless it 45397). These records shall be technology. All responses to this notice maintained for a period of 3 years. This displays a currently valid OMB control will be summarized and included in the number. information collection requirement is request for OMB approval. All essential to ensure that exporters who comments will also become a matter of Food Safety and Inspection Service ship high quality specialty grain in public record. Title: Marking, Labeling, and containers comply with the waiver Packaging of Meat, Poultry, and Egg provisions. FGIS does not require Dated: April 4, 2018. Greg Ibach, Products. exporters of high quality specialty grain OMB Control Number: 0583–0092. to complete and submit new Federal Under Secretary, Marketing and Regulatory Summary of Collection: The Food Programs. government record(s), form(s), or Safety and Inspection Service (FSIS) has report(s). [FR Doc. 2018–07211 Filed 4–6–18; 8:45 am] been delegated the authority to exercise Title: Export Inspection and Weighing BILLING CODE 3410–02–P the functions of the Secretary as Waiver for High Quality Specialty Grain provided in the Federal Meat Inspection Transported in Containers. Act (FMIA) (21 U.S.C. 601 seq.), the DEPARTMENT OF AGRICULTURE OMB Number: 0580–0022. Poultry Products Inspection Act (PPIA) Expiration Date of Approval: July 31, Submission for OMB Review; (21 U.S.C. 451 et seq.), and the Egg 2018. Comment Request Products Inspection Act (EPIA) (21 Type of Request: Extension and U.S.C. 1031, et seq.). These statues revision of a currently approved April 4, 2018. mandate that FSIS protect the public by information collection. The Department of Agriculture has ensuring that meat, poultry, and egg Abstract: The regulations under the submitted the following information products are safe, wholesome, USGSA waive the mandatory inspection collection requirement(s) to OMB for unadulterated, and properly labeled and and weighing requirements for high review and clearance under the packaged. quality specialty grain exported in Paperwork Reduction Act of 1995, Need and Use of the Information: containers. FGIS established this waiver Public Law 104–13. Comments are FSIS will collect information to ensure to facilitate the marketing of high requested regarding (1) whether the that meat, poultry, and egg products are quality specialty grain exported in collection of information is necessary accurately labeled. To control the containers. To ensure compliance with for the proper performance of the manufacture of marking devices bearing this wavier, FGIS required these functions of the agency, including official marks, FSIS requires that official exporters to maintain records generated whether the information will have meat and poultry establishments and during their normal course of business practical utility; (2) the accuracy of the the manufacturers of such marking that pertain to these shipments and agency’s estimate of burden including devices complete FSIS form 5200–7, make these documents available to FGIS the validity of the methodology and Authorization Certificate, FSIS form

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15127

7234–1, Application for Approval of 1. NPIP approval of new diagnostic 2016, through February 28, 2017. This Labels, Marking or Device and FSIS tests. review covers three producers or Form 8822–4 Request for Label 2. Salmonella update. exporters of the subject merchandise, Reconsideration. If the information is 3. National Veterinary Services Pacific Pipe Public Company Limited not collected it would reduce the Laboratories avian influenza update. (Pacific Pipe), Saha Thai Steel Pipe effectiveness of the meat, poultry, and 4. Mycoplasma update. (Public) Company, Ltd. (Saha Thai), and egg products inspection program. The meeting will be open to the Thai Premium Pipe Co. Ltd. (Thai Description of Respondents: Business public; however, public participation in Premium). or other for-profit. discussions during the sessions will Commerce exercised its discretion to Number of Respondents: 6,418. only be allowed if time permits. Written toll all deadlines affected by the closure Frequency of Responses: statements may be filed at the meeting of the Federal Government from January Recordkeeping; Reporting: On occasion. or filed with the Committee before or 20 through 22, 2018.1 On March 1, 2018, Total Burden Hours: 128,267. after the meeting by sending them to the we further extended the deadline for the person listed under FOR FURTHER preliminary results to 365 days.2 On Ruth Brown, INFORMATION CONTACT. Please refer to March 1, 2018, Commerce extended the Departmental Information Collection Docket No. APHIS–2017–0104 when deadline for issuing the preliminary Clearance Officer. submitting your statements. results to 365 days.3 As a result, the [FR Doc. 2018–07160 Filed 4–6–18; 8:45 am] This notice of meeting is given revised deadline for the preliminary BILLING CODE 3410–DM–P pursuant to section 10 of the Federal results of this review is now April 3, Advisory Committee Act (5 U.S.C. App. 2018. 2). DEPARTMENT OF AGRICULTURE Scope of the Order Done in Washington, DC, this 3rd day of Animal and Plant Health Inspection April 2018. The products covered by the Service Kevin Shea, antidumping order are certain circular welded carbon steel pipes and tubes Administrator, Animal and Plant Health [Docket No. APHIS–2017–0104] Inspection Service. from Thailand. The subject merchandise has an outside diameter of 0.375 inches [FR Doc. 2018–07075 Filed 4–6–18; 8:45 am] General Conference Committee of the or more, but not exceeding 16 inches. National Poultry Improvement Plan and BILLING CODE 3410–34–P For a full description of the scope of this 44th Biennial Conference order, please see the accompanying Preliminary Decision Memorandum.4 AGENCY: Animal and Plant Health DEPARTMENT OF COMMERCE Inspection Service, USDA. Methodology ACTION: Notice of meeting. International Trade Administration Commerce is conducting this review [A–549–502] in accordance with section 751(a)(2) of SUMMARY: We are giving notice of a the Tariff Act of 1930, as amended (the meeting of the General Conference Circular Welded Carbon Steel Pipes Act). Export price is calculated in Committee of the National Poultry and Tubes From Thailand: Preliminary accordance with section 772 of the Act. Improvement Plan (NPIP) and the Results of Antidumping Duty Normal value is calculated in NPIP’s 44th Biennial Conference. Administrative Review; 2016–2017 accordance with section 773 of the Act. DATES: The General Conference For a full description of the Committee meeting will be held on June AGENCY: Enforcement and Compliance, methodology underlying these 26, 2018, from 1:30 p.m. to 5:30 p.m. International Trade Administration, preliminary results, see the Preliminary The General Session of the Biennial U.S. Department of Commerce. Decision Memorandum, which is hereby Conference will be held on June 27, SUMMARY: The Department of Commerce adopted by this notice. A list of the 2018, from 8 a.m. to 5 p.m. and June 28, (Commerce) preliminarily finds that topics discussed in the Preliminary 2018, from 8 a.m. to 12:30 p.m. certain producers or exporters of subject Decision Memorandum is attached as ADDRESSES: The meeting and conference merchandise have made sales of subject will be held at the Franklin Marriott merchandise at less than normal value. 1 See Memorandum for The Record from Cool Springs, 700 Cool Springs We invite interested parties to comment Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance, performing the non- Boulevard, Franklin, TN 37067. on these preliminary results. exclusive functions and duties of the Assistant FOR FURTHER INFORMATION CONTACT: Dr. DATES: Applicable April 9, 2018. Secretary for Enforcement and Compliance, Denise Heard, Senior Coordinator, FOR FURTHER INFORMATION CONTACT: ‘‘Deadlines Affected by the Shutdown of the Toni Federal Government’’ (Tolling Memorandum), National Poultry Improvement Plan, VS, Page, AD/CVD Operations, Office VII, dated January 23, 2018. APHIS, USDA, 1506 Klondike Road, Enforcement and Compliance, 2 See Commerce Memorandum, ‘‘Circular Welded Suite 101, Conyers, GA 30094; (770) International Trade Administration, Steel Pipes and Tubes from Thailand: Extension of 922–3496. U.S. Department of Commerce, 1401 Deadline for Preliminary Results of Antidumping Duty Administrative Review—2016–2017,’’ (March SUPPLEMENTARY INFORMATION: The Constitution Avenue NW, Washington, 1, 2018). General Conference Committee (the DC 20230; telephone: (202) 482–1398. 3 See Commerce Memorandum, ‘‘Circular Welded Committee) of the National Poultry SUPPLEMENTARY INFORMATION: Carbon Steel Pipes and Tubes from Thailand: Improvement Plan (NPIP), representing Extension of Deadline for Preliminary Results of Background Antidumping Duty Administrative Review—2016– cooperating State agencies and poultry 2017,’’ (March 1, 2018). industry members, serves an essential Commerce is conducting an 4 See the Memorandum, ‘‘Circular Welded Carbon function by acting as liaison between administrative review of the Steel Pipes and Tubes from Thailand: Decision the poultry industry and the Department antidumping duty order on circular Memorandum for the Preliminary Results of Antidumping Duty Administrative Review; 2016– in matters pertaining to poultry health. welded carbon steel pipes and tubes 2017’’ (dated concurrently with this Federal Topics for discussion at the upcoming (pipes and tubes) from Thailand. The Register notice) (Preliminary Decision meeting include: period of review (POR) is March 1, Memorandum).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15128 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

the Appendix to this notice. The received successfully in its entirety by for consumption on or after the date of Preliminary Decision Memorandum is a Commerce’s electronic records system, publication of the final results of this public document and is on file ACCESS, by 5:00 p.m. Eastern Time administrative review, as provided for electronically via Enforcement and within 30 days after the date of by section 751(a)(2)(C) of the Act: (1) Compliance’s Antidumping and publication of this notice. Requests The cash deposit rate for the companies Countervailing Duty Centralized should contain: (1) The party’s name, under review will be equal to the Electronic Service System (ACCESS). address and telephone number; (2) the weighted-average dumping margin ACCESS is available to registered users number of participants; and (3) a list of established in the final results of this at http://access.trade.gov, and is issues to be discussed. Issues raised in review (except, if that rate is de the hearing will be limited to those available to all parties in the Central minimis, then the cash deposit rate will raised in the respective case briefs. Records Unit, Room B8024 of the main be zero); (2) for previously reviewed or Commerce intends to issue the final Department of Commerce building. In investigated companies not listed above addition, a complete version of the results of this administrative review, in the Preliminary Results of Review, Preliminary Decision Memorandum can including the results of its analysis of including those for which Commerce be accessed directly on the internet at the issues raised in any written briefs, http://enforcement.trade.gov/frn/. The not later than 120 days after the date of may determine had no shipments signed Preliminary Decision publication of this notice, unless during the POR, the cash deposit rate Memorandum and the electronic extended, pursuant to section will continue to be the company- versions of the Preliminary Decision 751(a)(3)(A) of the Act. specific rate published for the most recently completed segment of this Memorandum are identical in content. Assessment Rates proceeding; (3) if the exporter is not a Preliminary Results of Review Upon completion of this firm covered in this review or another Commerce preliminarily determines administrative review, Commerce shall completed segment of this proceeding, that the following weighted-average determine and U.S. Customs and Border but the producer is, then the cash dumping margins exist for the period Protection (CBP) shall assess deposit rate will be the rate established March 1, 2016, through February 28, antidumping duties on all appropriate for the most recently completed segment 2017: entries. If a respondent’s weighted- of this proceeding for the manufacturer average dumping margin is not zero or of the merchandise; and (4) if neither Weighted- de minimis (i.e., less than 0.5 percent) Average in the final results of this review, we the exporter nor the manufacturer is a Producer/exporter dumping will calculate importer-specific ad firm covered in this or any previously margin completed segment of this proceeding, (percent) valorem assessment rates on the basis of the ratio of the total amount of dumping then the cash deposit rate will be the Pacific Pipe Company Lim- calculated for an importer’s examined ‘‘all-others’’ rate of 15.67 percent ited ...... 10.66 sales and the total entered value of such established in the less-than-fair-value Saha Thai Steel Pipe (Pub- sales in accordance with 19 CFR investigation.8 These deposit lic) Company, Ltd ...... 0.00 351.212(b)(1). Where either the requirements, when imposed, shall Thai Premium Pipe Co. Ltd .. 5.34 respondent’s weighted-average dumping remain in effect until further notice. margin is zero or de minimis within the Notification to Importers Disclosure and Public Comment meaning of 19 CFR 351.106(c), or an We intend to disclose the calculations importer-specific rate is zero or de This notice serves as a preliminary performed to parties in this proceeding minimis, we will instruct CBP to reminder to importers of their within five days after public liquidate the appropriate entries responsibility under 19 CFR announcement of the preliminary without regard to antidumping duties. 351.402(f)(2) to file a certificate Commerce clarified its ‘‘automatic results in accordance with 19 CFR regarding the reimbursement of 351.224(b). Pursuant to 19 CFR assessment’’ regulation on May 6, 2003.7 This clarification applies to entries of antidumping duties prior to liquidation 351.309(c), interested parties may of the relevant entries during this submit case briefs not later than 30 days subject merchandise during the POR produced by a respondent for which it review period. Failure to comply with after the date of publication of this this requirement could result in notice. Rebuttal briefs, limited to issues did not know its merchandise was Commerce’s presumption that raised in the case briefs, may be filed destined for the United States. In such reimbursement of antidumping duties not later than five days after the date for instances, we will instruct CBP to filing case briefs.5 Parties who submit liquidate unreviewed entries at the all- occurred and the subsequent assessment case briefs or rebuttal briefs in this others rate if there is no rate for the of double antidumping duties. intermediate company(ies) involved in proceeding are encouraged to submit Notification to Interested Parties with each argument: (1) A statement of the transaction. We intend to issue instructions to the issue; (2) a brief summary of the We are issuing and publishing these CBP 15 days after publication of the argument; and (3) a table of authorities.6 preliminary results in accordance with final results of this review. Pursuant to 19 CFR 351.310(c), sections 751(a)(1) and 777(i) of the Act, interested parties who wish to request a Cash Deposit Requirements and 19 CFR 351.213(h) and hearing, must submit a written request The following cash deposit 351.221(b)(4). to the Assistant Secretary for requirements will be effective for all Enforcement and Compliance, filed shipments of subject merchandise electronically via ACCESS. An entered, or withdrawn from warehouse, electronically filed document must be 7 For a full discussion of this clarification, see 5 See 19 CFR 351.309(d). Antidumping and Countervailing Duty Proceedings: 8 See Antidumping Duty Order; Circular Welded 6 See 19 CFR 351.303 (for general filing Assessment of Antidumping Duties, 68 FR 23954 Carbon Steel Pipes and Tubes from Thailand, 51 FR requirements). (May 6, 2003) (Assessment Policy Notice). 8341 (March 11, 1986).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15129

Dated: April 3, 2018. within 65 days of the date on which DATES: Applicable April 9, 2018. Gary Taverman, Commerce initiated the investigation. FOR FURTHER INFORMATION CONTACT: Deputy Assistant Secretary for Antidumping However, if the petitioner makes a Blaine Wiltse or David Crespo, AD/CVD and Countervailing Duty Operations, timely request for an extension of the Operations, Office II, Enforcement and performing the non-exclusive functions and period within which the determination Compliance, International Trade duties of the Assistant Secretary for must be made, Commerce may postpone Administration, U.S. Department of Enforcement and Compliance. making the preliminary determination Commerce, 1401 Constitution Avenue Appendix—List of Topics Discussed in until no later than 130 days after the NW, Washington, DC 20230; telephone: the Preliminary Decision Memorandum date on which it initiated the (202) 482–6345 or (202) 482–3693, investigation, pursuant to section respectively. I. Summary 703(c)(1)(A) of the Act. The Cast Iron II. Background SUPPLEMENTARY INFORMATION: III. Scope of the Order Soil Pipe Institute (the petitioner) has IV. Particular Market Situation made a timely request to postpone the Background V. Comparison to Normal Value preliminary determination, maintaining Commerce is conducting an VI. Product Comparisons that the current deadline does not administrative review of the VII. Discussion of Methodology realistically provide Commerce with antidumping duty order on certain A. Determination of Comparison Method adequate time to review the uncoated paper (uncoated paper) from B. Results of the Differential Pricing questionnaire responses.2 Indonesia. The notice of initiation of Analysis In light of the request from the C. Date of Sale this administrative review was petitioner, Commerce, in accordance 1 D. Export Price published on May 9, 2017. We E. Normal Value with section 703(c)(l)(A) of the Act, is rescinded the review of PT. Indah Kiat F. Currency Conversion postponing the deadline for the Pulp and Paper Tbk, PT. Pabrik Kertas VIII. Recommendation preliminary determination to no later Tjiwi Kimia Tbk, and Pindo Deli Pulp 2 [FR Doc. 2018–07191 Filed 4–6–18; 8:45 am] than 130 days after the day on which and Paper Mills on August 11, 2017. As Commerce initiated this investigation, 3 BILLING CODE 3510–DS–P a result, this review only covers APRIL, i.e., June 25, 2018. Pursuant to section a producer and exporter of the subject 705(a)(1) of the Act and 19 CFR merchandise. The POR is August 26, DEPARTMENT OF COMMERCE 351.210(b)(1), the deadline for the final 2015, through February 28, 2017. determination will continue to be 75 Commerce exercised its discretion to International Trade Administration days after the date of the preliminary toll all deadlines affected by the closure determination, unless postponed. [C–570–080] of the Federal Government from January This notice is issued and published in 20 through January 22, 2018. As a result, Countervailing Duty Investigation of accordance with section 703(c)(2) of the the revised deadline for the preliminary Cast Iron Soil Pipe From the People’s Act and 19 CFR 351.205(f)(1). results of this review is now April 3, Republic of China: Postponement of Dated: April 3, 2018. 2018.4 Preliminary Determination Gary Taverman, We preliminarily determine that APRIL has not made sales of subject Deputy Assistant Secretary for Antidumping AGENCY: Enforcement and Compliance, and Countervailing Duty Operations merchandise at less than normal value. International Trade Administration, performing the non-exclusive functions and If these preliminary results are adopted Department of Commerce. duties of the Assistant Secretary for DATES: Applicable April 9, 2018. Enforcement and Compliance. 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–07192 Filed 4–6–18; 8:45 am] 21513 (May 9, 2017) (Initiation Notice), as corrected Omar Qureshi, AD/CVD Operations, BILLING CODE 3510–DS–P by Initiation of Antidumping and Countervailing Office V, Enforcement and Compliance, Duty Administrative Reviews, 82 FR 26444, 26451 International Trade Administration, (June 7, 2017). U.S. Department of Commerce, 1401 DEPARTMENT OF COMMERCE 2 See Certain Uncoated Paper from Indonesia: Rescission, in Part, of Antidumping Duty Constitution Avenue NW, Washington, International Trade Administration Administrative Review; 2015–2017, 82 FR 37565 DC 20230; telephone: (202) 482–5307. (August 11, 2017), as corrected by Certain Uncoated SUPPLEMENTARY INFORMATION: [A–560–828] Paper from Indonesia: Notice of Correction to Rescission, in Part, of Antidumping Duty Background Certain Uncoated Paper From Administrative Review; 2015–2017, 82 FR 44381 (September 22, 2017). On February 15, 2018, the Department Indonesia: Preliminary Results of 3 Commerce selected PT Anugerah Kertas Utama, of Commerce (Commerce) initiated the Antidumping Duty Administrative PT Riau Andalan Kertas, and APRIL Fine Paper countervailing duty (CVD) investigation Review; 2015–2017 Macao Offshore Limited (collectively, APRIL) as a of cast iron soil pipe from the People’s mandatory respondent in this investigation. AGENCY: Enforcement and Compliance, Further, for these preliminary results, Commerce Republic of China.1 Currently, the International Trade Administration, preliminarily has determined to collapse, and treat preliminary determination is due no Department of Commerce. as a single entity, this company and two affiliated later than April 23, 2018. parties, PT Sateri Viscose International and A P SUMMARY: The Department of Commerce Fine Paper Trading (Hong Kong) Limited. See Postponement of the Preliminary (Commerce) preliminarily determines Memorandum, ‘‘Decision Memorandum for the Determination that the sole exporter subject to this Preliminary Results of the 2015–2017 Administrative Review of the Antidumping Duty Section 703(b)(1) of the Tariff Act of administrative review has not made Order on Certain Uncoated Paper from Indonesia,’’ 1930, as amended (the Act), requires sales of subject merchandise at less than dated concurrently with, and hereby adopted by, Commerce to issue the preliminary normal value. We invite interested this notice (Preliminary Decision Memorandum), at parties to comment on these preliminary 4–6. The collapsed entity is hereinafter collectively determination in a CVD investigation referred to as APRIL. results. 4 See Memorandum, ‘‘Deadlines Affected by the 1 See Cast Iron Soil Pipe from the People’s Shutdown of the Federal Government,’’ dated Republic of China: Initiation of Countervailing Duty 2 See, the petitioner’s March 28, 2018, January 23, 2018. All deadlines in this segment of Investigation, 83 FR 8047 (February 23, 2018). submission. the proceeding have been extended by three days.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15130 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

in the final results of this review, we 4802.69.3000, 4811.90.8050 and Electronic Service System (ACCESS). will instruct U.S. Customs and Border 4811.90.9080. Although the HTSUS ACCESS is available to registered users Protection (CBP) not to assess numbers are provided for convenience at https://access.trade.gov, and to all antidumping duties on any of APRIL’s and for customs purposes, the written parties in the Central Records Unit, entries in accordance with the Final product description remains dispositive. room B8024 of the main Commerce Modification for Reviews.5 Methodology building. In addition, a complete Scope of the Order version of the Preliminary Decision Commerce is conducting this review Memorandum can be accessed directly The merchandise subject to the order in accordance with section 751(a)(1)(B) 6 at http://enforcement.trade.gov/frn/. is certain uncoated paper. The product and (2) of the Tariff Act of 1930, as The signed and electronic versions of is currently classified under the amended (the Act). Export price is the Preliminary Decision Memorandum following Harmonized Tariff Schedule calculated in accordance with section are identical in content. A list of the of the United States (HTSUS) item 772 of the Act. Normal value is topics discussed in the Preliminary numbers: 4802.56.1000, 4802.56.2000, calculated in accordance with section Decision Memorandum is attached as an 4802.56.3000, 4802.56.4000, 773 of the Act. 4802.56.6000, 4802.56.7020, For a full description of the Appendix to this notice. 4802.56.7040, 4802.57.1000, methodology underlying our Preliminary Results of the Review 4802.57.2000, 4802.57.3000, and conclusions, see the Preliminary 4802.57.4000. Some imports of subject Decision Memorandum. The As a result of this review, we merchandise may also be classified Preliminary Decision Memorandum is a preliminarily determine that the under 4802.62.1000, 4802.62.2000, public document and is on file weighted-average dumping margin 4802.62.3000, 4802.62.5000, electronically via Enforcement and exists for APRIL for the period August 4802.62.6020, 4802.62.6040, Compliance’s Antidumping and 26, 2015, through February 28, 2017, as 4802.69.1000, 4802.69.2000, Countervailing Duty Centralized follows:

Weighted- average Exporter/producer dumping margin (percent)

PT Anugerah Kertas Utama, PT Riau Andalan Kertas, PT Sateri Viscose International, A P Fine Paper Trading (Hong Kong) Limited, and APRIL Fine Paper Macao Offshore Limited (collectively, APRIL) ...... 0.00

Disclosure and Public Comment Eastern Time within 30 days after the weighted-average dumping margin is date of publication of this notice.12 above de minimis in the final results of Commerce intends to disclose the Hearing requests should contain: (1) The this review, then pursuant to 19 CFR calculations performed in connection party’s name, address, and telephone 351.212(b)(1), because APRIL reported with these preliminary results to number; (2) the number of participants; interested parties within five days after the entered value for all of its U.S. sales, 7 and (3) a list of issues to be discussed. we intend to calculate an importer- the date of publication of this notice. Issues raised in the hearing will be Interested parties may submit case briefs specific ad valorem duty assessment limited to issues raised in the briefs. If rate based on the ratio of the total to Commerce no later than 30 days after a request for a hearing is made, parties the date of publication of this notice.8 amount of antidumping duties will be notified of the time and date for calculated for the examined sales to the Rebuttal briefs, limited to issues raised the hearing to be held at the U.S. in the case briefs, may be filed no later total entered value of those sales. Where Department of Commerce, 1401 either the respondent’s weighted- than five days after the time limit for Constitution Avenue NW, Washington, 9 average dumping margin is zero or de filing case briefs. Parties who submit 13 DC 20230. minimis within the meaning of 19 CFR case briefs or rebuttal briefs in this Commerce intends to issue the final 351.106(c), or an importer-specific rate proceeding are encouraged to submit results of this administrative review, is zero or de minimis, we intend to with each argument: (1) A statement of including the results of its analysis the issue; (2) a brief summary of the raised in any written briefs, not later instruct CBP to liquidate the appropriate argument; and (3) a table of than 120 days after the publication date entries without regard to antidumping 10 authorities. Case and rebuttal briefs of this notice, pursuant to section duties. We intend to instruct CBP to 11 should be filed using ACCESS. 751(a)(3)(A) of the Act. take into account the ‘‘provisional Pursuant to 19 CFR 351.310(c), measures cap’’ in accordance with 19 interested parties who wish to request a Assessment Rates CFR 351.212(d). In addition, for entries hearing must submit a written request to If APRIL’s weighted-average dumping of subject merchandise during the POR the Assistant Secretary for Enforcement margin remains zero or de minimis in produced by APRIL for which it did not and Compliance, filed electronically via the final results of this review, then we know its merchandise was destined for ACCESS. An electronically-filed intend to instruct CBP to liquidate the United States, we intend to instruct document must be received successfully APRIL’s entries without regard to CBP to liquidate unreviewed entries at in its entirety by ACCESS by 5 p.m. antidumping duties. If APRIL’s the all-others rate if there is no rate for

5 See Antidumping Proceedings: Calculation of 6 For a complete description of the Scope of the 10 See 19 CFR 351.309(c)(2) and (d)(2). the Weighted-Average Dumping Margin and Order, see Preliminary Decision Memorandum. 11 See 19 CFR 351.303. Assessment Rate in Certain Antidumping 7 See 19 CFR 351.224(b). 12 See 19 CFR 351.310(c). Proceedings: Final Modification, 77 FR 8101, 8102 8 (February 14, 2012) (Final Modification for See 19 CFR 351.309(c). 13 Id. Reviews). 9 See 19 CFR 351.309(d).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15131

the intermediate company or companies reimbursement of antidumping duties ADDRESSES: You may submit responsive involved in the transaction. The all- occurred and the subsequent assessment information and other comments, others rate is 2.10 percent.14 of double antidumping duties. identified by Docket No. CFPB–2018– The final results of this review shall We are issuing and publishing these 0015, by any of the following methods: be the basis for the assessment of results in accordance with sections • Electronic: Go to http:// antidumping duties on entries of 751(a)(1) and 777(i)(1) of the Act and 19 www.regulations.gov. Follow the merchandise covered by the final results CFR 351.213(h)(1). instructions for submitting comments. • of this review and for future deposits of Dated: April 3, 2018. Email: FederalRegisterComments@ estimated duties, where applicable.15 Gary Taverman, cfpb.gov. Include Docket No. CFPB– We intend to issue liquidation Deputy Assistant Secretary for Antidumping 2018–0015 in the subject line of the instructions to CBP 15 days after message. and Countervailing Duty Operations, • publication of the final results of this performing the non-exclusive functions and Mail: Comment Intake, Consumer review. duties of the Assistant Secretary for Financial Protection Bureau, 1700 G Cash Deposit Requirements Enforcement and Compliance. Street NW, Washington, DC 20552. • Hand Delivery/Courier: Comment Appendix The following deposit requirements Intake, Consumer Financial Protection will be effective for all shipments of the List of Topics Discussed in the Bureau, 1700 G Street NW, Washington, subject merchandise entered, or Preliminary Decision Memorandum DC 20552. withdrawn from warehouse, for Instructions: The Bureau encourages consumption on or after the publication 1. Summary 2. Background the early submission of comments. All date of the final results of this 3. Scope of the Order submissions must include the document administrative review, as provided by 4. Affiliation and Collapsing title and docket number. Please note the section 751(a)(2)(C) of the Act: (1) The a. Legal Framework number of the question on which you cash deposit rate for APRIL will be that b. Affiliation and Single Entity Analysis are commenting at the top of each established in the final results of this 5. Discussion of the Methodology response (you do not need to answer all a. Normal Value Comparisons review, except if the rate is less than questions). Because paper mail in the 0.50 percent and, therefore, de minimis b. Determination of Comparison Method c. Results of Differential Pricing Analysis Washington, DC area and at the Bureau within the meaning of 19 CFR d. Product Comparisons is subject to delay, commenters are 351.106(c)(1), in which case the cash e. Date of Sale encouraged to submit comments deposit rate will be zero; (2) for f. Export Price electronically. In general, all comments previously investigated companies not g. Duty Drawback received will be posted without change participating in this review, the cash h. Normal Value to http://www.regulations.gov. In deposit will continue to be the i. Home Market Viability and Comparison addition, comments will be available for company-specific rate published for the Market ii. Level of Trade public inspection and copying at 1700 most recently completed segment; (3) if G St NW, Washington, DC 20552, on the exporter is not a firm covered in this iii. Cost of Production Analysis 1. Calculation of Cost of Production official business days between the hours review, or the original less-than-fair- 2. Test of Comparison Market Sales Prices of 10 a.m. and 5 p.m. eastern standard value (LTFV) investigation, but the 3. Results of the COP Test time. You can make an appointment to manufacturer is, the cash deposit rate iv. Calculation of Normal Value Based on inspect the documents by telephoning will be the rate established for the most Comparison Market Prices 202–435–7275. recent segment for the manufacturer of v. Calculation of Normal Value Based on All submissions in response to this the merchandise; and 4) the cash Constructed Value request for information, including deposit rate for all other manufacturers 6. Currency Conversion 7. Recommendation attachments and other supporting or exporters will continue to be 2.10 materials, will become part of the public percent, the all-others rate made [FR Doc. 2018–07193 Filed 4–6–18; 8:45 am] record and subject to public disclosure. effective by the LTFV investigation.16 BILLING CODE 3510–DS–P Sensitive personal information, such as These deposit requirements, when account numbers or Social Security imposed, shall remain in effect until numbers, or names of other individuals, further notice. BUREAU OF CONSUMER FINANCIAL should not be included. Submissions PROTECTION Notification to Importers will not be edited to remove any [Docket No. CFPB–2018–0015] identifying or contact information. This notice also serves as a preliminary reminder to importers of FOR FURTHER INFORMATION CONTACT: Request for Information Regarding Davida Farrar, Counsel, Consumer their responsibility under 19 CFR Bureau Financial Education Programs 351.402(f) to file a certificate regarding Education and Engagement Division, at the reimbursement of antidumping AGENCY: Bureau of Consumer Financial 202–435–9523, or Katherine Gillespie, duties prior to liquidation of the Protection. Deputy Associate Director, Consumer relevant entries during this review ACTION: Notice and request for Education and Engagement Division, at period. Failure to comply with this information. 202–435–7847. If you require this document in an alternative electronic requirement could result in the _ Secretary’s presumption that SUMMARY: The Bureau of Consumer format, please contact CFPB Financial Protection (Bureau) is seeking [email protected]. 14 See Certain Uncoated Paper from Australia, comments and information from SUPPLEMENTARY INFORMATION: The Brazil, Indonesia, the People’s Republic of China, interested parties to assist the Bureau in Consumer Financial Protection Act of and Portugal: Amended Final Affirmative assessing the overall efficiency and 2010 (Act) lists ‘‘conducting financial Antidumping Determinations for Brazil and effectiveness of its consumer financial Indonesia and Antidumping Duty Orders, 81 FR education programs’’ as one of six 11174 (March 3, 2016) (Order). education programs. primary functions of the Bureau.1 One 15 See section 751(a)(2)(C) of the Act. DATES: Comments must be received by 16 See Order, 81 FR at 11174. July 9, 2018. 1 12 U.S.C. 5511(c)(1).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15132 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

of the Bureau’s statutory objectives webinars, training, and tips on Questions for Commenters under the Act is to ensure that, with delivering financial education and on The Bureau requests that, where respect to consumer financial products ways to measure and increase the possible, comments include specific and services, ‘‘consumers are provided financial well-being of the people suggestions regarding ways to: with timely and understandable served through financial education. The • Improve the Bureau’s existing information to make responsible Bureau has contracted with outside programs and delivery mechanisms; decisions about financial entities to support specific elements of • Better measure and evaluate the 2 transactions.’’ The Act directs the the Bureau’s financial education work. effectiveness of the Bureau’s financial Bureau to develop and implement The Bureau uses various metrics to education work; and ‘‘initiatives intended to educate and • Eliminate or minimize the measure the reach and effectiveness of empower consumers to make better duplication of the Bureau’s financial informed financial decisions.’’ 3 The Act its financial education work, including education work with work performed by also directs the Bureau to develop and the number of consumers and financial other entities, including federal, state, implement a strategy to improve educators using the Bureau’s and local agencies. consumers’ financial literacy by, among information and tools, qualitative user The following list of general questions other things, providing opportunities for feedback, increased understanding of represents a preliminary attempt by the consumers to access information and certain topics, and user satisfaction Bureau to identify elements of Bureau resources related to a range of financial ratings. The Bureau has also developed financial education programs that are of topics including credit products, an evidence-based scale to measure the greatest interest to the public. This histories, and scores; savings, borrowing financial well-being as an outcome of non-exhaustive list is meant to assist in and other services found at mainstream financial education programs.13 The the formulation of comments and is not financial institutions; preparing for Bureau has used this scale to conduct a intended to restrict the issues that may major purchases such as education; debt National Financial Well-being Survey.14 be addressed. Please feel free to reduction; improving the consumer’s The scale and underlying research are comment on some or all of the questions financial situation; the development of also available for financial educators to below, but please be sure to indicate on long-term savings strategies; and wealth- use as they measure their own which area you are commenting. 4 building. Pursuant to the Act, the programs. The Bureau is seeking feedback on all Bureau develops programs to serve the aspects of its consumer financial general public,5 as well as specific The Bureau is a member of the federal education programs, including but not populations, including servicemembers, Financial Literacy and Education limited to the following topics: veterans and their families,6 older Commission (FLEC), and the Bureau’s 1. The Bureau’s focus on specific Americans,7 students,8 and traditionally Director is the Vice-Chair of FLEC. The financial education topics and delivery underserved consumers.9 Bureau has coordinated with other channels, and use of technology and The Bureau conducts various Federal agencies to deliver financial contractors. financial education programs covering a education, such as cooperating with the a. Are the Bureau’s financial range of financial topics. Currently, the Federal Deposit Insurance Corporation education programs focusing on the Bureau offers information directly to (FDIC) to create Money Smart for Older right topics and areas to educate and Americans through the Bureau’s website Adults. empower consumers to make better and indirectly through community informed financial decisions? channels, such as libraries and social Overview of This Request for b. What financial education topics service agencies. The topics covered on Information should the Bureau address? c. What delivery channels should the the Bureau’s website and through its The Bureau is using this request for Bureau use to conduct financial print publications include mortgages, information to seek public input credit reporting, student loans, debt education programs? regarding the efficiency and d. What technologies should the collection, and bank accounts. The effectiveness of the Bureau’s financial Bureau has also created guides for Bureau use to provide financial education programs, including its focus specific financial decisions, including education? on various topics, programs, delivery Buying a House,10 Paying for College,11 e. How should the Bureau use channels and methods, the use of and Planning for Retirement.12 The contractors in its financial education Bureau also focuses on providing technology, and the use of the work? information to specific audiences, procurement process to support its f. Should the Bureau’s financial including older Americans, families, work. The Bureau encourages comments education work focus on other students and servicemembers. The from all interested members of the populations or audiences, in addition to Bureau also provides financial public. The Bureau anticipates that the the general population and those educators with tools, research, responding public may include specific populations referenced in the individual consumers, financial statute? 2. Measuring the effectiveness of the 2 12 U.S.C. 5511(b)(1). educators, members of industry, 3 12 U.S.C. 5493(d)(1). consumer advocates, researchers or Bureau’s financial education programs. 4 12 U.S.C. 5493(d)(2)(B)–(F). members of academia, state and local a. How should the Bureau measure 5 12 U.S.C. 5493(d)(1). officials, and others. This RFI is not the the success of its financial education 6 12 U.S.C. 5493(e)(1)(A). vehicle to express interest in contracting programs? 7 12 U.S.C. 5493(g)(1). b. How should the Bureau measure with the Bureau. Additionally, the 8 12 U.S.C. 5535(a); 5493(d)(2)(D)(i). return on investment of financial Bureau does not provide grants. 9 12 U.S.C. 5493(b)(2). education programs? 10 https://www.consumerfinance.gov/owning-a- c. How should the Bureau measure home/. 13 https://www.consumerfinance.gov/data- the benefit of its financial education 11 https://www.consumerfinance.gov/paying-for- research/research-reports/financial-well-being- college/. scale/. work? Should the measures vary 12 https://www.consumerfinance.gov/consumer- 14 https://www.consumerfinance.gov/data- depending on the type of education, the tools/retirement/. research/financial-well-being-survey-data/. topic, or the delivery channel?

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15133

d. Is there one set of metrics for proposed information collection; ways Number of Respondents: 150. program effectiveness that the Bureau to enhance the quality, utility, and Responses per Respondent: 10. could use across its financial education clarity of the information to be Annual Responses: 1,500. programs, or should it use different collected; and ways to minimize the Average Burden per Response: 15 metrics depending on the type of burden of the information collection on minutes. program and delivery method (e.g., respondents, including through the use Frequency: On occasion. online versus through a community of automated collection techniques or The DD Form 2088 is used to verify channel)? other forms of information technology. the professional and ecclesiastical e. How can the Bureau’s financial qualifications of Religious Ministry DATES: Consideration will be given to all Professionals for initial appointment or well-being scale be used to measure the comments received by June 8, 2018. effectiveness of financial education a chaplain’s change of career status ADDRESSES: You may submit comments, appointments as chaplains in the programs? identified by docket number and title, f. Should the Bureau consider Military Service. This form is an by any of the following methods: essential element of a chaplain’s adopting any measures of success for • Federal eRulemaking Portal: http:// professional qualifications and will financial education that are used by www.regulations.gov. Follow the others? What are those measures? become a part of a chaplain’s military instructions for submitting comments. personnel record. DoD listed endorsing 3. Avoiding duplication in financial • Mail: Department of Defense, Office agents utilize the form to endorse education between the Bureau and other of the Chief Management Officer, federal agencies or other entities. military chaplains representing their Directorate for Oversight and organizations. a. Are there programs at other federal Compliance, 4800 Mark Center Drive, agencies that are similar to the Bureau’s Mailbox #24 Suite 08D09B, Alexandria, Dated: April 4, 2018. programs? Are these programs or VA 22350–1700. Shelly E. Finke, aspects of these programs more or less Instructions: All submissions received Alternate OSD Federal Register, Liaison effective than the Bureau’s? If so, how must include the agency name, docket Officer, Department of Defense. and why? number and title for this Federal [FR Doc. 2018–07148 Filed 4–6–18; 8:45 am] b. Are there ways to improve Register document. The general policy BILLING CODE 5001–06–P coordination in financial education for comments and other submissions activities between the Bureau and other from members of the public is to make agencies? these submissions available for public DEPARTMENT OF EDUCATION 4. Are there other perspectives or viewing on the internet at http:// information that will assist the Bureau www.regulations.gov as they are National Advisory Committee on in its financial education work? received without change, including any Institutional Quality Integrity; Meeting Authority: 12 U.S.C. 5511(c). personal identifiers or contact AGENCY: National Advisory Committee Dated: April 3, 2018. information. on Institutional Quality and Integrity Mick Mulvaney, Any associated form(s) for this (NACIQI), Office of Postsecondary collection may be located within this Acting Director, Bureau of Consumer Education, U.S. Department of Financial Protection. same electronic docket and downloaded Education. for review/testing. Follow the [FR Doc. 2018–07222 Filed 4–6–18; 8:45 am] ACTION: Announcement of an open instructions at http:// meeting. BILLING CODE 4810–AM–P www.regulations.gov for submitting comments. Please submit comments on SUMMARY: This notice sets forth the any given form identified by docket agenda, time, and location for the May DEPARTMENT OF DEFENSE number, form number, and title. 22–24, 2018 meeting of the National Advisory Committee on Institutional Office of the Secretary FOR FURTHER INFORMATION CONTACT: To request more information on this Quality and Integrity (NACIQI), and [Docket ID: DoD–2018–OS–0018] proposed information collection or to provides information to members of the obtain a copy of the proposal and public regarding the meeting, including Proposed Collection; Comment associated collection instruments, requesting to make oral comments. The Request please write to the Executive Director of notice of this meeting is required under § 10(a)(2) of the Federal Advisory AGENCY: Office of the Under Secretary of the Armed Forces Chaplains Board, Defense for Personnel and Readiness, USD P&R (MPP) AFCB, 4000 Defense Committee Act (FACA) and DoD. Pentagon, Room 2D580, Washington, DC § 114(d)(1)(B) of the Higher Education Act (HEA) of 1965, as amended. ACTION: Information collection notice. 20301–4000, or call the Office of the Executive Director of the Armed Forces DATES: The NACIQI meeting will be SUMMARY: In compliance with the Chaplains Board at 703–697–9015. held on May 22, 23, and 24, 2018, each Paperwork Reduction Act of 1995, the SUPPLEMENTARY INFORMATION: day from 8:30 a.m. to 5:30 p.m. Office of the Deputy Assistant Secretary Title; Associated Form; and OMB ADDRESSES: Double Tree by Hilton of Defense for Military Personnel Policy Number: Appointment of Chaplains for Washington DC Crystal City, announces a proposed public the Military Services; DD Form 2088; Washington Ballroom, 300 Army Navy information collection and seeks public OMB Control Number 0704–0190. Drive, Arlington, VA 22202 comment on the provisions thereof. Needs and Uses: This information FOR FURTHER INFORMATION CONTACT: Comments are invited on: Whether the collection is necessary to provide Jennifer Hong, Executive Director/ proposed collection of information is certification that a Religious Ministry Designated Federal Official, NACIQI, necessary for the proper performance of Professional is professionally qualified U.S. Department of Education, 400 the functions of the agency, including to become a chaplain. Maryland Avenue SW, Room 271–03, whether the information shall have Affected Public: Not-For-Profit Washington, DC 20202, telephone: (202) practical utility; the accuracy of the Institutions. 453–7805, or email: Jennifer.Hong@ agency’s estimate of the burden of the Annual Burden Hours: 375. ed.gov.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15134 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

SUPPLEMENTARY INFORMATION: Scope of Recognition: The accreditation 602.16(a)(1)(ii), 602.16(a)(1)(iii), NACIQI’s Statutory Authority and of institutions and programs of nurse 602.16(a)(1)(iv), 602.16(a)(1)(v), Function: NACIQI is established under anesthesia at the post master’s 602.16(a)(1)(vi), 602.16(a)(1)(vii), § 114 of the HEA. NACIQI advises the certificate, master’s, or doctoral degree 602.16(a)(1)(viii), 602.16(a)(1)(ix), Secretary of Education with respect to: levels in the United States, and its 602.16(a)(1)(x), 602.16(a)(2), 602.17(a), • The establishment and enforcement territories, including programs offering 602.19(b), 602.20(a), and 602.26(b). of the standards of accrediting agencies distance education. or associations under subpart 2, part G, 5. Liaison Committee on Medical 3. American Psychological Title IV of the HEA, as amended. Education. Scope of Recognition: The Association, Commission on • The recognition of specific accreditation of medical education Accreditation. Findings identified in the accrediting agencies or associations. programs within the United States September 22, 2016 letter from the • The preparation and publication of leading to the M.D. degree. senior Department official following the the list of nationally recognized 6. National Association of Schools of June 23, 2016 NACIQI meeting available accrediting agencies and associations. Art and Design. Scope of Recognition: at: https://opeweb.ed.gov/aslweb/ • The eligibility and certification For the accreditation throughout the finalstaffreports.cfm. That letter process for institutions of higher United States of freestanding identifies the following Criterion as education under Title IV of the HEA and institutions and units offering art/design areas of noncompliance: 34 CFR part C, subchapter I, chapter 34, Title and art/design-related programs (both 602.19(a), and 602.20(b). Scope of 42, together with recommendations for degree- and non-degree-granting), Recognition: The accreditation in the improvement in such process. including those offered via distance United States of doctoral programs in • The relationship between (1) education. clinical, counseling, school and accreditation of institutions of higher 7. Northwest Commission on Colleges combined professional-scientific education and the certification and and Universities. Scope of Recognition: psychology; doctoral internship eligibility of such institutions, and (2) The accreditation and preaccreditation programs in health service psychology; State licensing responsibilities with (‘‘Candidacy Status’’) of postsecondary and postdoctoral residency programs in respect to such institutions. degree-granting educational institutions health service psychology. The • Any other advisory function in Alaska, Idaho, Montana, Nevada, preaccreditation in the United States of relating to accreditation and Oregon, Utah, and Washington, and the doctoral internship programs in health institutional eligibility that the accreditation of programs offered via service psychology; and postdoctoral Secretary of Education may prescribe by distance education within these residency programs in health service regulation. institutions. psychology. Meeting Agenda: Agenda items for the Compliance Report May 2018 meeting are below. 4. Transnational Association of 1. American Bar Association, Council Christian Colleges and Schools, Applications for Renewal of of the Section of Legal Education and Accreditation Commission. Findings Recognition Admissions to the Bar. Findings identified in the October 28, 2016 letter 1. Academy of Nutrition and identified in the October 28, 2016 letter from the senior Department official Dietetics, Accreditation Council for from the senior Department official following the June 23, 2016 NACIQI Education in Nutrition and Dietetics. following the June 23, 2016 NACIQI meeting available at: https:// Scope of Recognition: The accreditation meeting available at: https:// opeweb.ed.gov/aslweb/ and pre-accreditation, within the United opeweb.ed.gov/aslweb/ finalstaffreports.cfm. That letter States, of Didactic and Coordinated finalstaffreports.cfm. That letter identifies the following Criterion as Programs in Dietetics at both the identifies the following Criterion as areas of noncompliance: 34 CFR undergraduate and graduate level, areas of noncompliance: 34 CFR 602.15(a)(2), and 602.19(b). Scope of postbaccalaureate Dietetic Internships, 602.15(a)(1), 602.15(a)(2), 602.15(a)(3), Recognition: The accreditation and and Dietetic Technician Programs at the 602.16(a)(1)(viii), and 602.17(b). Scope preaccreditation (‘‘Candidate’’ Status) of associate degree level, and for its of Recognition: The accreditation Christian postsecondary institutions in accreditation of such programs offered throughout the United States of the United States that offer certificates, via distance education. programs in legal education that lead to diplomas, and associate, baccalaureate, 2. Accreditation Council on the first professional degree in law as and graduate degrees, including Optometric Education. Scope of well as freestanding law schools offering institutions that offer distance Recognition: The accreditation in the such programs. This recognition also education. United States of professional optometric extends to the Accreditation Committee degree programs, optometric technician of the Section of Legal Education Application for an Expansion of Scope (associate degree) programs, and (Accreditation Committee) for decisions optometric residency programs, and for involving continued accreditation Association of Advanced Rabbinical the pre-accreditation category of (referred to by the agency as ‘‘approval’’) and Talmudic Schools, Accreditation Preliminary Approval for professional of law schools. Commission. Scope of Recognition: The optometric degree programs. 2. American Osteopathic Association, accreditation and preaccreditation 3. Association of Advanced Commission on Osteopathic College (‘‘Correspondent’’ and ‘‘Candidate’’) Rabbinical and Talmudic Schools, Accreditation. Findings identified in the within the United States of advanced Accreditation Commission. Scope of October 28, 2016 letter from the senior rabbinical and Talmudic schools. Recognition: The accreditation and Department official following the June Requested Scope: The accreditation of preaccreditation (‘‘Correspondent’’ 23, 2016 NACIQI meeting available at: advanced Rabbinical and Talmudic and‘‘Candidate’’) within the United https://opeweb.ed.gov/aslweb/ institutions in the United States which States of advanced rabbinical and finalstaffreports.cfm. That letter grant postsecondary degrees such as Talmudic schools. identifies the following Criterion as Associate, Baccalaureate, Masters, 4. Council on Accreditation of Nurse areas of noncompliance: 34 CFR 602.11, Doctorate, First Rabbinic and First Anesthesia Educational Programs. 602.13, 602.15(a)(3), 602.16(a)(1)(i), Talmudic degrees.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15135

Application for Renewal of provides further explanation and regarding recognition of any individual Recognition—State Agency for the context framing NACIQI’s work. As agency. Approval of Public Postsecondary noted in this document, NACIQI’s The discussions and issues described Vocational Education reviews of accrediting agencies will above are in addition to, rather than Puerto Rico State Agency for the include consideration of data and substituting for, exploration by Approval of Public Postsecondary information available on the Committee members of any topic Vocational, Technical Institutions and accreditation data dashboards, https:// relevant to recognition. Programs. sites.ed.gov/naciqi/files/2017/09/ Institutional-Performance-by- Submission of Requests To Make an Reducing Regulatory Burden in Accreditor-June-2017-Corrected.pdf. Oral Comment Regarding a Specific Accreditation Accrediting agencies that will be Accrediting Agency or State Approval reviewed for renewal of recognition will Agency Under Review, or To Make an Update from the U.S. Department of Oral Comment or Written Statement Education on efforts to reduce not be on the consent agenda and are advised to come prepared to answer Regarding Other Issues Within the regulatory burden and improve Scope of NACIQI’s Authority efficiencies in the accreditation questions related to the following: program. • Decision activities of and data Opportunity to submit a written gathered by the agency. comment regarding a specific Oversight of For-Profit Institutions’ Æ NACIQI will inquire about the accrediting agency or state approval Conversions to Non-Profit Entities range of accreditation activities of the agency under review was solicited by a NACIQI received a letter from U.S. agency since its prior review for previous Federal Register notice Senators Warren, Brown, Murray, recognition, including discussion about published on January 24, 2018 (Vol. 83, Durbin, and Blumenthal, regarding their the various favorable, monitoring, and No. 16). The comment period for concerns of for-profit institutions adverse actions taken. Information about submission of such comments closed on converting to, or attempting to convert the primary standards cited for the February 16, 2018. A second notice was to, non-profit entities in order to avoid monitoring and adverse actions that published on February 22, 2018 (Vol. regulatory scrutiny. This letter is have been taken will be sought. 83, No. 36) extending the written available at: https://sites.ed.gov/naciqi/ Æ NACIQI will also inquire about comment period until March 1, 2018 for files/2018/03/2018.01.11-Letter-to- what data the agency routinely gathers the Accrediting Council for Independent NACIQI-re-sectorial-conversions.pdf. about the activities of the institutions it Colleges and Schools and the American NACIQI will discuss this letter and the accredits and about how that data is Bar Association, Council of the Section issues it raises at the meeting. used in their evaluative processes. of Legal Education and Admissions to • Standards and practices with regard the Bar. Subsequently, a corrected Presentation on Outcome Measures to student achievement. notice was published on February 28, (OM) Component of the U.S. Æ How does your agency address 2018 (Vol. 83, No. 40) clarifying the Department of Education’s Integrated ‘‘success with respect to student scope of written comments that could be Postsecondary Education Data System achievement’’ in the institutions it submitted regarding the Accrediting (IPEDS) for Inclusion in the Accreditor accredits? Council for Independent Colleges and Dashboards Æ Why was this strategy chosen? How Schools and the American Bar Presentation by the Western Association is this appropriate in your context? Association, Council of the Section of of Schools and Colleges, Senior Colleges Æ What are the student achievement Legal Education and Admissions to the and University Commission (WSCUC) challenges in the institutions accredited Bar. Because all deadlines have passed, by your agency? no further written comments regarding WSCUC will present on its Æ Graduation Rate Dashboard tool (GRD), What has changed/is likely to a specific agency or state approval and how the agency uses outcome change in the standards about student agency under review will be accepted at measures, such as the GRD, as part of its achievement for the institutions this time. Members of the public may accredited by your agency? submit written statements regarding accreditation process. This presentation Æ is responsive to NACIQI’s line of In what ways have student other issues within the scope of inquiry into how accrediting agencies achievement results been used for NACIQI’s authority for consideration by use data to inform the accreditation monitoring or adverse actions? the Committee in the manner described • process. Agency activities in improving below. No individual in attendance or program/institutional quality. making oral presentations may Subcommittee on Data Æ How does this agency define ‘‘at distribute written materials at the The subcommittee on data will report risk?’’ meeting. Oral comments may not exceed out on its activities since the last Æ What tools does this agency use to three minutes. NACIQI meeting. evaluate ‘‘at risk’’ status? Written statements and oral Æ What tools does this agency have to comments concerning NACIQI’s work Meeting Discussion help ‘‘at risk’’ institutions improve? outside of a specific accrediting agency In addition to following the HEA, the Æ What can the agency tell us about under review must be limited to the FACA, implementing regulations, and how well these tools for improvement scope of NACIQI’s authority as outlined the NACIQI charter, as well as its have worked? under section 114 of the HEA. customary procedural protocols, To the extent NACIQI’s questions go There are two methods the public NACIQI inquiries will include the to improvement of institutions and may use to request to make a third-party questions and topics listed in the pilot programs that are not at risk of falling oral comment of three minutes or less at plan it adopted at its December 2015 into noncompliance with agency the May 22–24, 2018 meeting. To meeting. A document entitled ‘‘June requirements, the responses will be submit a written statement to NACIQI 2016 Pilot Plan’’ and available at: http:// used to inform NACIQI’s general policy concerning its work outside a specific sites.ed.gov/naciqi/files/naciqi-dir/2016- recommendations to the Department accrediting agency under review, please spring/pilot-project-march-2016.pdf, rather than its recommendations follow Method One.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15136 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Method One: Submit a written request the document published in the Federal Department of Energy Organization Act by email to the ThirdPartyComments@ Register. Free internet access to the (42 U.S.C. 7151(b), 7172(f)) and require ed.gov mailbox. Please do not send official edition of the Federal Register authorization under section 202(e) of material directly to NACIQI members. and the Code of Federal Regulations is the Federal Power Act (16 U.S.C. Written statements to NACIQI available via the Federal Digital System 824a(e)). concerning its work outside a specific at: www.gpo.gov/fdsys. At this site you On May 9, 2013, DOE issued Order accrediting agency under review, and can view this document, as well as all No. EA–338–A to Shell Energy, which requests to make oral comments, must other documents of this Department authorized the Applicant to transmit be received by May 9, 2018, and include published in the Federal Register, in electric energy from the United States to the subject line ‘‘Oral Comment text or Adobe Portable Document Mexico as a power marketer for a five- Request: (agency name),’’ ‘‘Oral Format (PDF). To use PDF, you must year term using existing international Comment Request: (subject)’’ or have Adobe Acrobat Reader, which is transmission facilities. That authority ‘‘Written Statement: (subject).’’ The available free at the site. You may also expires on May 5, 2018. On February 26, email must include the name(s), title, access documents of the Department 2018, Shell Energy filed an application organization/affiliation, mailing published in the Federal Register by with DOE for renewal of the export address, email address, telephone using the article search feature at: authority contained in Order No. EA– number, of the person(s) submitting a www.federalregister.gov. Specifically, 338 for an additional five-year term. written statement or requesting to speak, through the advanced search feature at In its application, Shell Energy states and a brief summary (not to exceed one this site, you can limit your search to that it does not own or operate any page) of the principal points to be made documents published by the electric generation or transmission during the oral presentation. All Department. facilities, and it does not have a individuals submitting an advance franchised service area. The electric Authority: 20 U.S.C. 1011c. request in accordance with this notice energy that Shell Energy proposes to will be afforded an opportunity to Lynn B. Mahaffie, export to Mexico would be purchased speak. Deputy Assistant Secretary for Planning, from third parties such as electric Method Two: Register at the meeting Policy and Innovation. utilities and Federal power marketing location on May 22, 2018, from 7:30 [FR Doc. 2018–07212 Filed 4–6–18; 8:45 am] agencies pursuant to voluntary agreements. The existing international a.m.–8:30 a.m., to make an oral BILLING CODE P comment during NACIQI’s transmission facilities to be utilized by deliberations. The requestor must Shell Energy have previously been authorized by Presidential Permits provide the subject or agency name on DEPARTMENT OF ENERGY which he or she wishes to comment, in issued pursuant to Executive Order addition to his or her name, title, [OE Docket No. EA–338–B] 10485, as amended, and are appropriate organization/affiliation, mailing for open access transmission by third address, email address, and telephone Application To Export Electric Energy; parties. number. A total of up to fifteen minutes Shell Energy North America (US), L.P. Procedural Matters: Any person desiring to be heard in this proceeding for each agenda item will be allotted for AGENCY: Office of Electricity Delivery should file a comment or protest to the oral commenters who register on May and Energy Reliability, DOE. 22, 2018 by 8:30 a.m. Individuals will application at the address provided ACTION: Notice of Application. be selected on a first-come, first-served above. Protests should be filed in basis. If selected, each commenter’s SUMMARY: Shell Energy North America accordance with Rule 211 of the Federal remarks may not exceed three minutes. (US), L.P. (Shell Energy or Applicant) Energy Regulatory Commission’s (FERC) Access to Records of the Meeting: The has applied to renew its authority to Rules of Practice and Procedures (18 Department will post the official report transmit electric energy from the United CFR 385.211). Any person desiring to of the meeting on the NACIQI website States to Mexico pursuant to the Federal become a party to these proceedings within 90 days after the meeting. Power Act. should file a motion to intervene at the Pursuant to the FACA, the public may above address in accordance with FERC DATES: Comments, protests, or motions also inspect the materials at 400 Rule 214 (18 CFR 385.214). Five copies to intervene must be submitted on or Maryland Avenue SW, Washington, DC, of such comments, protests, or motions before May 9, 2018. by emailing [email protected] to intervene should be sent to the or by calling (202) 453–7615 to schedule ADDRESSES: Comments, protests, address provided above on or before the an appointment. motions to intervene, or requests for date listed above. Reasonable Accommodations: The more information should be addressed Comments and other filings meeting site is accessible to individuals to: Office of Electricity Delivery and concerning Shell Energy’s application to with disabilities. If you will need an Energy Reliability, Mail Code: OE–20, export electric energy to Mexico should auxiliary aid or service to participate in U.S. Department of Energy, 1000 be clearly marked with OE Docket No. the meeting (e.g., interpreting service, Independence Avenue SW, Washington, EA–338–B. An additional copy is to be assistive listening device, or materials in DC 20585–0350. Because of delays in provided directly to both Serena A. an alternate format), notify the contact handling conventional mail, it is Rwejuna, Bracewell LLP, 2001 M Street person listed in this notice at least two recommended that documents be NW, Suite 900, Washington, DC 20036 weeks before the scheduled meeting transmitted by overnight mail, by and David L. Smith, Shell Energy North date. Although we will attempt to meet electronic mail to Electricity.Exports@ America (US), L.P., 1000 Main, Suite a request received after that date, we hq.doe.gov, or by facsimile to 202–586– 1200, Houston, TX 77002. may not be able to make available the 8008. A final decision will be made on this requested auxiliary aid or service SUPPLEMENTARY INFORMATION: Exports of application after the environmental because of insufficient time to arrange electricity from the United States to a impacts have been evaluated pursuant it. foreign country are regulated by the to DOE’s National Environmental Policy Electronic Access to This Document: Department of Energy (DOE) pursuant to Act Implementing Procedures (10 CFR The official version of this document is sections 301(b) and 402(f) of the part 1021) and after a determination is

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15137

made by DOE that the proposed action RSVP, to confirm their participation and Dated: March 28, 2018. will not have an adverse impact on the receive login instructions, by emailing Heather Quedenfeld, sufficiency of supply or reliability of the [email protected]. Associate Director, Coal Technology U.S. electric power supply system. The objective of the Supercritical CO Development & Integration Center, National Copies of this application will be 2 Energy Technology Laboratory. Oxy-combustion Technology Group is to made available, upon request, for public [FR Doc. 2018–07197 Filed 4–6–18; 8:45 am] promote a technical understanding of inspection and copying at the address oxy-combustion for direct-fired sCO BILLING CODE 6450–01–P provided above, by accessing the 2 program website at http://energy.gov/ power cycles by sharing information or node/11845, or by emailing Angela Troy viewpoints from individual participants DEPARTMENT OF ENERGY at [email protected]. regarding risk reduction and challenges associated with developing the [OE Docket No. EA–339–B] Issued in Washington, DC, on April 3, technology. 2018. Application To Export Electric Energy; Christopher Lawrence, Oxy-combustion systems in directly Shell Energy North America (US), L.P. Electricity Policy Analyst Office of Electricity heated supercritical CO2 (SCO2) power cycles utilize natural gas or syngas oxy- AGENCY: Office of Electricity Delivery Delivery and Energy Reliability. and Energy Reliability, DOE. [FR Doc. 2018–07199 Filed 4–6–18; 8:45 am] combustion systems to produce a high ACTION: Notice of Application. BILLING CODE 6450–01–P temperature SCO2 working fluid and have the potential to be efficient, cost SUMMARY: Shell Energy North America effective and well-suited for carbon (US), L.P. (Applicant or Shell Energy) DEPARTMENT OF ENERGY dioxide (CO2) capture. To realize the has applied to renew its authority to benefits of direct fired SCO2 power Notice of Public Meeting of the transmit electric energy from the United cycles, the following challenges must be States to Canada pursuant to the Federal Supercritical CO2 Oxy-combustion addressed: chemical kinetic Technology Group Power Act. uncertainties, combustion instability, DATES: Comments, protests, or motions AGENCY: National Energy Technology flowpath design, thermal management, to intervene must be submitted on or Laboratory, Office of Fossil Energy, pressure containment, definition/ before May 9, 2018. prediction of turbine inlet conditions, Department of Energy. ADDRESSES: Comments, protests, ACTION: Notice of public meeting. ignition, off-design operation, transient motions to intervene, or requests for capabilities, in-situ flame monitoring, more information should be addressed SUMMARY: The National Energy and modeling, among others. to: Office of Electricity Delivery and Technology Laboratory (NETL) will host The format of the meeting will Energy Reliability, Mail Code: OE–20, a public meeting via WebEx April 24, facilitate equal opportunity for U.S. Department of Energy, 1000 2018, of the Supercritical CO Oxy- 2 discussion among all participants; all Independence Avenue SW, Washington, combustion Technology Group, to participants will be welcome to speak. DC 20585–0350. Because of delays in address challenges associated with oxy- handling conventional mail, it is combustion systems in directly heated Following a detailed presentation by one volunteer participant regarding recommended that documents be supercritical CO2 (sCO2) power cycles. lessons learned from his or her area of transmitted by overnight mail, by DATES: The public meeting will be held research, other participants will be electronic mail to Electricity.Exports@ on April 24, 2018, from 1:00 p.m. to hq.doe.gov, or by facsimile to 202–586– 3:00 p.m. provided the opportunity to briefly share lessons learned from their own 8008. ADDRESSES: The public meeting will be research. Meetings are expected to take SUPPLEMENTARY INFORMATION: Exports of held via WebEx and hosted by NETL. place every other month with a different electricity from the United States to a FOR FURTHER INFORMATION CONTACT: For volunteer presenting at each meeting. foreign country are regulated by the further information regarding the public Meeting minutes shall be published for Department of Energy (DOE) pursuant to meeting, please contact Seth Lawson or those who are unable to attend. sections 301(b) and 402(f) of the Walter Perry at NETL by telephone at Department of Energy Organization Act (304) 285–4469, by email at This meeting is considered ‘‘open-to- (42 U.S.C. 7151(b), 7172(f)) and require [email protected], the-public;’’ the purpose for this authorization under section 202(e) of [email protected], or by postal meeting has been examined during the the Federal Power Act (16 mail addressed to National Energy planning stages, and NETL management U.S.C.§ 824a(e)). Technology Laboratory, 3610 Collins has made specific determinations that On May 9, 2013, DOE issued Order Ferry Road, P.O. Box 880, Morgantown, affect attendance. All information No. EA–339–A to Shell Energy, which WV 26507–0880. Please direct all media presented at this meeting must meet authorized the Applicant to transmit inquiries to the NETL Public Affairs criteria for public sharing or be electric energy from the United States to Officer at (304) 285–0228. published and available in the public Canada as a power marketer for a five- SUPPLEMENTARY INFORMATION: domain. Participants should not year term using existing international communicate information that is transmission facilities. That authority Instructions and Information on the expires on May 5, 2018. On February 26, Public Meeting considered official use only, proprietary, sensitive, restricted or 2018, Shell Energy filed an application The public meeting will be held via protected in any way. Foreign nationals, with DOE for renewal of the export WebEx. The public meeting will begin who may be present, have not been authority contained in Order No. EA– at 1:00 p.m. and end at 3:00 p.m. approved for access to DOE information 339 for an additional five-year term. Agenda details will be available prior to and technologies. In its application, Shell Energy states the meeting on the NETL website, that it does not own or operate any https://www.netl.doe.gov/events/sco2- electric generation or transmission tech-group. Interested parties may facilities, and it does not have a

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15138 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

franchised service area. The electric DEPARTMENT OF ENERGY any electric generation or transmission energy that Shell Energy proposes to facilities, and it does not have a [OE Docket Nos. EA–444, EA–445, EA–446, export to Canada would be surplus EA–447, EA–448, EA–449 and EA–450] franchised service area. The electric energy purchased from third parties energy that each Applicant proposes to such as electric utilities and Federal Application To Export Electric Energy; export to Canada would be surplus power marketing agencies pursuant to Emera Energy Services Subsidiaries energy purchased from third parties voluntary agreements. The existing such as electric utilities and Federal international transmission facilities to AGENCY: Office of Electricity Delivery and Energy Reliability, DOE. power marketing agencies pursuant to be utilized by Shell Energy have voluntary agreements. The existing ACTION: Notice of application. previously been authorized by international transmission facilities to Presidential Permits issued pursuant to SUMMARY: Seven power marketing be utilized by the Applicant have Executive Order 10485, as amended, subsidiaries of Emera Incorporated previously been authorized by and are appropriate for open access (Emera) have applied for authority to Presidential Permits issued pursuant to transmission by third parties. transmit electric energy from the United Executive Order 10485, as amended, PROCEDURAL MATTERS: Any person States to Canada pursuant to the Federal and are appropriate for open access desiring to be heard in this proceeding Power Act. transmission by third parties. should file a comment or protest to the DATES: Comments, protests, or motions Procedural Matters: Any person to intervene must be submitted on or application at the address provided desiring to be heard in this proceeding above. Protests should be filed in before May 9, 2018. should file a comment or protest to the accordance with Rule 211 of the Federal ADDRESSES: Comments, protests, application at the address provided Energy Regulatory Commission’s (FERC) motions to intervene, or requests for above. Protests should be filed in Rules of Practice and Procedures (18 more information should be addressed accordance with Rule 211 of the Federal CFR 385.211). Any person desiring to to: Office of Electricity Delivery and become a party to these proceedings Energy Reliability, Mail Code: OE–20, Energy Regulatory Commission’s (FERC) should file a motion to intervene at the U.S. Department of Energy, 1000 Rules of Practice and Procedures (18 above address in accordance with FERC Independence Avenue SW, Washington, CFR 385.211). Any person desiring to Rule 214 (18 CFR 385.214). Five copies DC 20585–0350. Because of delays in become a party to these proceedings of such comments, protests, or motions handling conventional mail, it is should file a motion to intervene at the to intervene should be sent to the recommended that documents be above address in accordance with FERC address provided above on or before the transmitted by overnight mail, by Rule 214 (18 CFR 385.214). Five copies date listed above. electronic mail to Electricity.Exports@ of such comments, protests, or motions Comments and other filings hq.doe.gov, or by facsimile to 202–586– to intervene should be sent to the concerning Shell Energy’s application to 8008. address provided above on or before the export electric energy to Canada should SUPPLEMENTARY INFORMATION: Exports of date listed above. be clearly marked with OE Docket No. electricity from the United States to a Comments and other filings EA–339–B. An additional copy is to be foreign country are regulated by the concerning the Applicant’s application provided directly to both Serena A. Department of Energy (DOE) pursuant to to export electric energy to Canada Rwejuna, Bracewell LLP, 2001 M Street, sections 301(b) and 402(f) of the should be clearly marked with OE Department of Energy Organization Act NW, Suite 900, Washington, DC 20036 Docket Nos. EA–444, EA–445, EA–446, and David L. Smith, Shell Energy North (42 U.S.C. 7151(b), 7172(f)) and require authorization under section 202(e) of EA–447, EA–448, EA–449 or EA–450 as America (US), L.P., 1000 Main, Suite listed above. An additional copy is to be 1200, Houston, TX 77002. the Federal Power Act (16 U.S.C.§ 824a(e)). provided to both Michael G. Henry, A final decision will be made on this On February 22, 2018, seven Emera Energy Services, Inc., 101 Federal application after the environmental subsidiaries of Emera each separately St., Suite 1101, Boston, MA 02110 and impacts have been evaluated pursuant applied to DOE for authority to transmit to Bonnie A. Suchman, Esq., Suchman to DOE’s National Environmental Policy electric energy from the United States to Law LLC, 8104 Paisley Place, Potomac, Act Implementing Procedures (10 CFR Canada as a power marketer for a five- MD 20854. part 1021) and after a determination is year term using existing international A final decision will be made on this made by DOE that the proposed action transmission facilities. The Applicants will not have an adverse impact on the application after the environmental are: Emera Energy Services Subsidiary impacts have been evaluated pursuant sufficiency of supply or reliability of the No. 9 LLC (EESS–9) (OE Docket No. EA– to DOE’s National Environmental Policy U.S. electric power supply system. 444); Emera Energy Services Subsidiary Act Implementing Procedures (10 CFR No. 10 LLC (EESS–10) (OE Docket No. Copies of this application will be part 1021) and after a determination is made available, upon request, for public EA–445); Emera Energy Services made by DOE that the proposed action inspection and copying at the address Subsidiary No. 11 LLC (EESS–11) (OE will not have an adverse impact on the provided above, by accessing the Docket No. EA–446); Emera Energy sufficiency of supply or reliability of the program website at http://energy.gov/ Services Subsidiary No. 12 LLC (EESS– node/11845, or by emailing Angela Troy 12) (OE Docket No. EA–4447; Emera U.S. electric power supply system. at [email protected]. Energy Services Subsidiary No. 13 LLC Copies of this application will be (EESS–13) (OE Docket No. EA–448); made available, upon request, for public Issued in Washington, DC, on April 3, Emera Energy Services Subsidiary No. 2018. inspection and copying at the address 14 LLC (EESS–14) (OE Docket No. EA– Christopher Lawrence, provided above, by accessing the 449); and Emera Energy Services program website at http://energy.gov/ Electricity Policy Analyst, Office of Electricity Subsidiary No. 15 LLC (EESS–15) (OE Delivery and Energy Reliability. node/11845, or by emailing Angela Troy Docket No. EA–450). at [email protected]. [FR Doc. 2018–07198 Filed 4–6–18; 8:45 am] In its application, each Applicant BILLING CODE 6450–01–P states that it does not own or control

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15139

Issued in Washington, DC, on April 3, Project Description or at [email protected]. The 2018. Questar proposes to abandon about eLibrary link on the FERC website also Christopher Lawrence, 488 miles of natural gas pipeline and provides access to the texts of formal Electricity Policy Analyst, Office of Electricity related facilities located in California, documents issued by the Commission, Delivery and Energy Reliability. Arizona, Utah, and New Mexico. About such as orders, notices, and rule [FR Doc. 2018–07201 Filed 4–6–18; 8:45 am] 220 miles proposed for abandoned in makings. BILLING CODE 6450–01–P place are in San Bernardino County, Dated: April 3, 2018. California and Mohave, Yavapai, Kimberly D. Bose, Coconino and Apache Counties, DEPARTMENT OF ENERGY Secretary. Arizona. About 268 miles would be [FR Doc. 2018–07134 Filed 4–6–18; 8:45 am] Federal Energy Regulatory abandoned by sale are in Coconino, BILLING CODE 6717–01–P Commission Navajo and Apache Counties, Arizona; San Yuan County, New Mexico and San Yuan County, Utah. DEPARTMENT OF ENERGY [Docket No. CP18–39–000; CP18–40–000] Background Notice of Schedule for Environmental Federal Energy Regulatory Review of the Questar Southern Trail On February 8, 2018, the Commission Commission issued a Notice of Intent to Prepare an Pipeline Company Southern Trail Combined Notice of Filings Pipeline Abandonment Project; Navajo Environmental Assessment for the Tribal Utility Authority Proposed Southern Trail Pipeline Take notice that the Commission has Abandonment Project (Project) and received the following Natural Gas On December 22, 2017, Questar Request for Comments on Pipeline Rate and Refund Report filings: Southern Trail Pipeline Company Environmental Issues (NOI). The NOI (Questar) filed an application in Docket was sent to affected landowners; federal, Filings Instituting Proceedings No. CP18–39–000 requesting permission state, and local government agencies; Docket Numbers: RP18–664–000. pursuant to section 7(b) of the Natural elected officials; environmental and Applicants: Horizon Pipeline Gas Act to abandon all of its certificated public interest groups; Native American Company, L.L.C. facilities, part by sale to Navajo Tribal tribes; other interested parties; and local Description: Penalty Revenue Utility Authority and part in place. The libraries and newspapers. In response to Crediting Report of Horizon Pipeline proposed Southern Trail Pipeline the NOI, the Commission received Company, L.L.C. Abandonment Project (Project) includes comments from the U.S. Environmental Filed Date: 3/29/18. the abandonment of about 488 miles of Protection Agency and one landowner Accession Number: 20180329–5371. natural gas pipeline and related (Atkinson Trading Company). The Comments Due: 5 p.m. ET 4/10/18. primary issues raised by the facilities located in California, Arizona, Docket Numbers: RP18–665–000. Utah, and New Mexico. commentors are purpose and need; Applicants: Natural Gas Pipeline On December 22, 2017, the Navajo water resources; fish and wildlife; Company of America. Tribal Utility Authority filed a related cultural resources and tribal Description: Penalty Revenue application in Docket No. CP18–40–000 consultation; air quality and noise; Crediting Report of Natural Gas Pipeline requesting a service area determination impacts on landowners, including Company of America LLC. pursuant to section 7(f) of the Natural eminent domain; cumulative impacts; Filed Date: 3/29/18. Gas Act to utilize those acquired and alternatives. Accession Number: 20180329–5372. facilities to provide to its own service. Additional Information Comments Due: 5 p.m. ET 4/10/18. On January 3, 2018, the Federal In order to receive notification of the Docket Numbers: RP18–666–000. Energy Regulatory Commission issuance of the EA and to keep track of Applicants: Bison Pipeline LLC. (Commission or FERC) issued its Notice all formal issuances and submittals in Description: Company Use Gas of Applications for the proposals. specific dockets, the Commission offers Annual Report of Bison Pipleine LLC. Among other things, that notice alerted a free service called eSubscription. This Filed Date: 3/28/18. agencies issuing federal authorizations can reduce the amount of time you Accession Number: 20180328–5289. of the requirement to complete all spend researching proceedings by Comments Due: 5 p.m. ET 4/9/18. necessary reviews and to reach a final automatically providing you with Docket Numbers: RP18–667–000. decision on a request for a federal notification of these filings, document Applicants: Iroquois Gas authorization within 90 days of the date summaries, and direct links to the Transmission System, L.P. of issuance of the Commission staff’s documents. Go to www.ferc.gov/docs- Description: Annual Fuel and Losses Environmental Assessment (EA) for the filing/esubscription.asp. Retention Calculations of Iroquois Gas Project. This instant notice identifies the Additional information about the Transmission System, L.P. FERC staff’s planned schedule for the Project is available from the Filed Date: 3/29/18. completion of the EA for the Project. Commission’s Office of External Affairs Accession Number: 20180329–5373. Schedule for Environmental Review at (866) 208–FERC or on the FERC Comments Due: 5 p.m. ET 4/10/18. website (www.ferc.gov). Using the Docket Numbers: RP18–668–000. Issuance of EA—April 25, 2018 eLibrary link, select General Search Applicants: Rockies Express Pipeline 90-day Federal Authorization Decision from the eLibrary menu, enter the LLC. Deadline—July 24, 2018 selected date range and Docket Number Description: Annual Incidental If a schedule change becomes excluding the last three digits (i.e., Purchases and Sales Report of Rockies necessary, additional notice will be CP18–39 and CP18–40), and follow the Express Pipeline LLC. provided so that the relevant agencies instructions. For assistance with access Filed Date: 3/30/18. are kept informed of the Project’s to eLibrary, the helpline can be reached Accession Number: 20180330–5318. progress. at (866) 208–3676, TTY (202) 502–8659, Comments Due: 5 p.m. ET 4/11/18.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15140 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Docket Numbers: RP18–669–000. Comments Due: 5 p.m. ET 4/16/18. DEPARTMENT OF ENERGY Applicants: Gulf South Pipeline Docket Numbers: RP18–676–000. Company, LP. Applicants: Algonquin Gas Federal Energy Regulatory Description: § 4(d) Rate Filing: Cap Transmission, LLC. Commission Rel Neg Rate Agmts (Pensacola 43993 to Description: § 4(d) Rate Filing: BP 49330 to 49345) to be effective Negotiated Rates—Con Edison Releases Combined Notice of Filings #1 4/1/2018. eff 4–1–2018 Filing #3 to be effective Take notice that the Commission Filed Date: 4/2/18. 4/1/2018. received the following electric corporate Accession Number: 20180402–5121. Filed Date: 4/2/18. filings: Comments Due: 5 p.m. ET 4/16/18. Accession Number: 20180402–5186. Comments Due: 5 p.m. ET 4/16/18. Docket Numbers: EC18–79–000. Docket Numbers: RP18–670–000. Applicants: MDU Resources Group, Applicants: Gulf South Pipeline Docket Numbers: RP18–677–000. Inc., Ace Wind LLC, Thunder Spirit Company, LP. Applicants: Iroquois Gas Wind, LLC. Description: § 4(d) Rate Filing: Cap Transmission System, L.P. Description: Application of MDU Rel Neg Rate Agmts (Petrohawk 41455 Description: § 4(d) Rate Filing: 040218 Resources Group, Inc., et al. for releases eff 4–1–2018) to be effective Negotiated Rates—Sierentz Global Authorization under FPA Section 203 4/1/2018. Merchants R–7845–04 to be effective for Disposition of Jurisdictional Filed Date: 4/2/18. 4/3/2018. Facilities, et al. Filed Date: 4/2/18. Accession Number: 20180402–5122. Filed Date: 4/2/18. Accession Number: 20180402–5200. Comments Due: 5 p.m. ET 4/16/18. Accession Number: 20180402–5400. Comments Due: 5 p.m. ET 4/16/18. Comments Due: 5 p.m. ET 4/23/18. Docket Numbers: RP18–671–000. Docket Numbers: RP18–678–000. Take notice that the Commission Applicants: Gulf Crossing Pipeline Applicants: Northern Natural Gas received the following electric rate Company LLC. Company. Description: § 4(d) Rate Filing: Cap Description: § 4(d) Rate Filing: filings: Rel Neg Rate Agmts (Newfield 18 20180402 Negotiated Rate to be effective Docket Numbers: ER10–3199–004. releases eff 4–1–2018) to be effective 4/3/2018. Applicants: MDU Resources Group, 4/1/2018. Filed Date: 4/2/18. Inc. Filed Date: 4/2/18. Accession Number: 20180402–5246. Description: Supplement to December Accession Number: 20180402–5123. Comments Due: 5 p.m. ET 4/16/18. 29, 2017 Updated Market Analysis in Comments Due: 5 p.m. ET 4/16/18. Docket Numbers: RP18–679–000. the Central Region of MDU Resources Docket Numbers: RP18–672–000. Applicants: Transcontinental Gas Group, Inc. Applicants: Texas Gas Transmission, Pipe Line Company. Filed Date: 4/2/18. LLC. Description: Request for Waiver of Accession Number: 20180402–5404. Description: § 4(d) Rate Filing: Cap Section 284.13(d)(1) of the Comments Due: 5 p.m. ET 4/23/18. Rel Neg Rate Agmts (Gulfport 34939, Commission’s regulations of Docket Numbers: ER18–728–001. 35446 to Eco-Energy 37068, 37069) to be Transcontinental Gas Pipe Line Applicants: California Independent effective 4/1/2018. Company, LLC. System Operator Corporation. Filed Date: 4/2/18. Filed Date: 3/30/18. Description: Compliance filing: 2018– Accession Number: 20180402–5127. Accession Number: 20180330–5338. 04–03 Petition for Tariff Waiver to Delay Comments Due: 5 p.m. ET 4/16/18. Comments Due: 5 p.m. ET 4/11/18. Implementation RAAIM Methodology to be effective N/A. Docket Numbers: RP18–673–000. The filings are accessible in the Filed Date: 4/3/18. Applicants: Guardian Pipeline, L.L.C. Commission’s eLibrary system by clicking on the links or querying the Accession Number: 20180403–5114. Description: § 4(d) Rate Filing: Update Comments Due: 5 p.m. ET 4/24/18. Non-Conforming and Negotiated Rate docket number. Agreements—April 2018 to be effective Any person desiring to intervene or Docket Numbers: ER18–1263–001. Applicants: Pacific Gas and Electric 4/2/2018. protest in any of the above proceedings Company. Filed Date: 4/2/18. must file in accordance with Rules 211 Description: Tariff Amendment: Errata Accession Number: 20180402–5135. and 214 of the Commission’s to Amendment No. 1 to Westside Power Comments Due: 5 p.m. ET 4/16/18. Regulations (18 CFR 385.211 and Authority IA and WDT SA (SA 15) to be Docket Numbers: RP18–674–000. 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. effective 6/1/2018. Applicants: Viking Gas Transmission Filed Date: 4/2/18. Company. Protests may be considered, but intervention is necessary to become a Accession Number: 20180402–5162. Description: § 4(d) Rate Filing: Update Comments Due: 5 p.m. ET 4/23/18. Non-Conforming and Negotiated Rate party to the proceeding. eFiling is encouraged. More detailed Docket Numbers: ER18–1264–001. Agreements—April 2018 to be effective information relating to filing Applicants: Westar Energy, Inc. 4/2/2018. requirements, interventions, protests, Description: Tariff Amendment: Filed Date: 4/2/18. service, and qualifying facilities filings Amendment to MPS Electric Accession Number: 20180402–5155. can be found at: http://www.ferc.gov/ Interconnection Agreement to be Comments Due: 5 p.m. ET 4/16/18. docs-filing/efiling/filing-req.pdf. For effective 5/1/2018. Docket Numbers: RP18–675–000. other information, call (866) 208–3676 Filed Date: 4/2/18. Applicants: Equitrans, L.P. (toll free). For TTY, call (202) 502–8659. Accession Number: 20180402–5184 Description: § 4(d) Rate Filing: Comments Due: 5 p.m. ET 4/23/18. Dated: April 3, 2018. Negotiated Capacity Release Docket Numbers: ER18–1267–001. Agreements—4/1/2018 to be effective Nathaniel J. Davis, Sr., Applicants: South Central MCN LLC. 4/1/2018. Deputy Secretary. Description: Tariff Amendment: Filed Date: 4/2/18. [FR Doc. 2018–07138 Filed 4–6–18; 8:45 am] Amended OATT Tariff Filing to be Accession Number: 20180402–5180. BILLING CODE 6717–01–P effective 3/31/2018.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15141

Filed Date: 4/2/18. Description: § 205(d) Rate Filing: communication, if written, or a Accession Number: 20180402–5274. 2018–04–03_SA 3028 Ameren IL-Prairie summary of the substance of any oral Comments Due: 5 p.m. ET 4/23/18. Power Project#12 Atkinson to be communication. Docket Numbers: ER18–1286–000. effective 3/8/2018. Prohibited communications are Filed Date: 4/3/18. Applicants: FirstEnergy Solutions included in a public, non-decisional file Corp. Accession Number: 20180403–5131. Comments Due: 5 p.m. ET 4/24/18. associated with, but not a part of, the Description: § 205(d) Rate Filing: decisional record of the proceeding. Amendment to Reactive Service Rate The filings are accessible in the Commission’s eLibrary system by Unless the Commission determines that Schedule FERC No. 1 to be effective the prohibited communication and any 12/31/9998. clicking on the links or querying the docket number. responses thereto should become a part Filed Date: 4/2/18. of the decisional record, the prohibited Accession Number: 20180402–5301. Any person desiring to intervene or off-the-record communication will not Comments Due: 5 p.m. ET 4/23/18. protest in any of the above proceedings must file in accordance with Rules 211 be considered by the Commission in Docket Numbers: ER18–1287–000. reaching its decision. Parties to a Applicants: ISO New England Inc., and 214 of the Commission’s Regulations (18 CFR 385.211 and proceeding may seek the opportunity to New England Power Pool Participants respond to any facts or contentions Committee. 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. made in a prohibited off-the-record Description: § 205(d) Rate Filing: ISO– communication, and may request that NE and NEPOOL; Forward Capacity Protests may be considered, but intervention is necessary to become a the Commission place the prohibited Market Revisions to be effective communication and responses thereto 6/1/2018. party to the proceeding. eFiling is encouraged. More detailed in the decisional record. The Filed Date: 4/2/18. Commission will grant such a request Accession Number: 20180402–5324. information relating to filing only when it determines that fairness so Comments Due: 5 p.m. ET 4/23/18. requirements, interventions, protests, service, and qualifying facilities filings requires. Any person identified below as Docket Numbers: ER18–1288–000. can be found at: http://www.ferc.gov/ having made a prohibited off-the-record Applicants: California Independent docs-filing/efiling/filing-req.pdf. For communication shall serve the System Operator Corporation. other information, call (866) 208–3676 document on all parties listed on the Description: Compliance filing: 2018– (toll free). For TTY, call (202) 502–8659. official service list for the applicable 04–02 Petition for Tariff Waiver to Delay Dated: April 3, 2018. proceeding in accordance with Rule Implementation RAAIM Methodology to 2010, 18 CFR 385.2010. be effective N/A. Nathaniel J. Davis, Sr., Filed Date: 4/2/18. Deputy Secretary. Exempt off-the-record Accession Number: 20180402–5364. [FR Doc. 2018–07137 Filed 4–6–18; 8:45 am] communications are included in the Comments Due: 5 p.m. ET 4/23/18. BILLING CODE 6717–01–P decisional record of the proceeding, Docket Numbers: ER18–1289–000. unless the communication was with a Applicants: Industrial Assets, Inc. cooperating agency as described by 40 Description: Baseline eTariff Filing: DEPARTMENT OF ENERGY CFR 1501.6, made under 18 CFR Baseline new to be effective 6/2/2018. 385.2201(e)(1)(v). Federal Energy Regulatory Filed Date: 4/3/18. The following is a list of off-the- Commission Accession Number: 20180403–5000. record communications recently Comments Due: 5 p.m. ET 4/24/18. [Docket No. RM98–1–000] received by the Secretary of the Docket Numbers: ER18–1290–000. Commission. The communications Applicants: NSTAR Electric Records Governing Off-the-Record listed are grouped by docket numbers in Company. Communications Public Notice ascending order. These filings are Description: § 205(d) Rate Filing: This constitutes notice, in accordance available for electronic review at the Design Engineering Construction with 18 CFR 385.2201(b), of the receipt Commission in the Public Reference Agreement between NSTAR and New of prohibited and exempt off-the-record Room or may be viewed on the England Power Co to be effective communications. Commission’s website at http:// 4/3/2018. Order No. 607 (64 FR 51222, www.ferc.gov using the eLibrary link. Filed Date: 4/3/18. September 22, 1999) requires Enter the docket number, excluding the Accession Number: 20180403–5118. Commission decisional employees, who last three digits, in the docket number Comments Due: 5 p.m. ET 4/24/18. make or receive a prohibited or exempt field to access the document. For Docket Numbers: ER18–1291–000. off-the-record communication relevant assistance, please contact FERC Online Applicants: Midcontinent to the merits of a contested proceeding, Support at FERCOnlineSupport@ Independent System Operator, Inc., to deliver to the Secretary of the ferc.gov or toll free at (866) 208–3676, or Ameren Illinois Company. Commission, a copy of the for TTY, contact (202)502–8659.

Docket No. File date Presenter or requester

Prohibited

1. CP15–558–000 ...... 3–19–2018 Mass Mailings.1 2. CP17–101–000 ...... 3–22–2018 Kelley Armstrong. 3. CP17–101–000 ...... 3–22–2018 Karl Kimmich. 4. CP17–101–000 ...... 3–22–2018 Michael Butler. 5. CP17–101–000 ...... 3–22–2018 Bill Kelley, Sr. 6. CP15–558–000 ...... 3–22–2018 William Gill Smith.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15142 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Docket No. File date Presenter or requester

Exempt

1. P–2305–000 ...... 3–22–2018 U.S. House Representative Brian Babin, D.D.S. 2. CP15–88–000 ...... 3–23–2018 Boyle County, Kentucky Fiscal Court. 3. CP17–101–000 ...... 3–26–2018 U.S. Senator Cory A. Book- er. 4. CP16–121–000 ...... 3–27–2018 U.S. Senator Sheldon Whitehouse. 5. CP16–10–000, CP15–554–000 ...... 3–29–2018 U.S. House Representative David E. Price. 1 Eight letters have been sent to FERC Commissioners and staff under this docket number.

Dated: April 3, 2018. a subsequent license, then it may be filed an Application for a New License Nathaniel J. Davis, Sr., required, pursuant to 18 CFR 16.21(b), pursuant to the Federal Power Act Deputy Secretary. to continue project operations until the (FPA) and the Commission’s regulations [FR Doc. 2018–07139 Filed 4–6–18; 8:45 am] Commission issues someone else a thereunder. The Tomahawk BILLING CODE 6717–01–P license for the project or otherwise Hydroelectric Project facility is located orders disposition of the project. on the Wisconsin River in Lincoln If the project is subject to section 15 County, Wisconsin. DEPARTMENT OF ENERGY of the FPA, notice is hereby given that The license for Project No.1940 was an annual license for Project No. 1966 issued for a period ending March 31, Federal Energy Regulatory is issued to the licensee for a period 2018. Section 15(a)(1) of the FPA, 16 Commission effective April 1, 2018 through March U.S.C. 808(a)(1), requires the [Project No. 1966–000] 31, 2019 or until the issuance of a new Commission, at the expiration of a license for the project or other license term, to issue from year-to-year Notice of Authorization for Continued disposition under the FPA, whichever an annual license to the then licensee Project Operation; Wisconsin Public comes first. If issuance of a new license under the terms and conditions of the Service Corporation (or other disposition) does not take prior license until a new license is place on or before March 31, 2019, On September 28, 2012, Wisconsin issued, or the project is otherwise notice is hereby given that, pursuant to Public Service Corporation, licensee for disposed of as provided in section 15 or 18 CFR 16.18(c), an annual license the Grandfather Falls Hydroelectric any other applicable section of the FPA. under section 15(a)(1) of the FPA is Project, filed an Application for a New If the project’s prior license waived the renewed automatically without further License pursuant to the Federal Power applicability of section 15 of the FPA, order or notice by the Commission, Act (FPA) and the Commission’s then, based on section 9(b) of the unless the Commission orders regulations thereunder. The Grandfather Administrative Procedure Act, 5 U.S.C. otherwise. Falls Hydroelectric Project facility is 558(c), and as set forth at 18 CFR If the project is not subject to section located on the Wisconsin River in 16.21(a), if the licensee of such project 15 of the FPA, notice is hereby given Lincoln County, Wisconsin. has filed an application for a subsequent The license for Project No. 1966 was that the licensee, Wisconsin Public license, the licensee may continue to issued for a period ending March 31, Service Corporation, is authorized to operate the project in accordance with 2018. Section 15(a)(1) of the FPA, 16 continue operation of the Grandfather the terms and conditions of the license U.S.C. 808(a)(1), requires the Falls Hydroelectric Project, until such after the minor or minor part license Commission, at the expiration of a time as the Commission acts on its expires, until the Commission acts on license term, to issue from year-to-year application for a subsequent license. its application. If the licensee of such a an annual license to the then licensee Dated: April 3, 2018. project has not filed an application for under the terms and conditions of the Kimberly D. Bose, a subsequent license, then it may be prior license until a new license is Secretary. required, pursuant to 18 CFR 16.21(b), to continue project operations until the issued, or the project is otherwise [FR Doc. 2018–07136 Filed 4–6–18; 8:45 am] disposed of as provided in section 15 or Commission issues someone else a BILLING CODE 6717–01–P any other applicable section of the FPA. license for the project or otherwise If the project’s prior license waived the orders disposition of the project. applicability of section 15 of the FPA, DEPARTMENT OF ENERGY If the project is subject to section 15 then, based on section 9(b) of the of the FPA, notice is hereby given that Administrative Procedure Act, 5 U.S.C. Federal Energy Regulatory an annual license for Project No. 1940 558(c), and as set forth at 18 CFR Commission is issued to the licensee for a period 16.21(a), if the licensee of such project effective April 1, 2018 through March has filed an application for a subsequent [Project No. 1940–000] 31, 2019 or until the issuance of a new license, the licensee may continue to Notice of Authorization for Continued license for the project or other operate the project in accordance with Project Operation; Wisconsin Public disposition under the FPA, whichever the terms and conditions of the license Service Corporation comes first. If issuance of a new license after the minor or minor part license (or other disposition) does not take expires, until the Commission acts on On September 28, 2012, Wisconsin place on or before March 31, 2019, its application. If the licensee of such a Public Service Corporation, licensee for notice is hereby given that, pursuant to project has not filed an application for the Tomahawk Hydroelectric Project, 18 CFR 16.18(c), an annual license

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15143

under section 15(a)(1) of the FPA is Board of Governors of the Federal Reserve FEDERAL TRADE COMMISSION renewed automatically without further System, April 4, 2018. order or notice by the Commission, Ann Misback, Agency Information Collection unless the Commission orders Secretary of the Board. Activities; Submission for OMB Review; Comment Request otherwise. [FR Doc. 2018–07194 Filed 4–6–18; 8:45 am] If the project is not subject to section BILLING CODE P AGENCY: Federal Trade Commission 15 of the FPA, notice is hereby given (FTC). that the licensee, Wisconsin Public ACTION: Notice and request for comment. Service Corporation, is authorized to FEDERAL RESERVE SYSTEM continue operation of the Tomahawk SUMMARY: In compliance with the Hydroelectric Project, until such time as Formations of, Acquisitions by, and Paperwork Reduction Act (PRA) of the Commission acts on its application Mergers of Bank Holding Companies 1995, the FTC is seeking public for a subsequent license. comments on its request to OMB for a Dated: April 3, 2018. The companies listed in this notice three-year extension of the current PRA Kimberly D. Bose, have applied to the Board for approval, clearance for information collection pursuant to the Bank Holding Company requirements contained in the Secretary. Act of 1956 (12 U.S.C. 1841 et seq.) Commission’s Rules and Regulations [FR Doc. 2018–07135 Filed 4–6–18; 8:45 am] (BHC Act), Regulation Y (12 CFR part under the Wool Products Labeling Act BILLING CODE 6717–01–P 225), and all other applicable statutes of 1939 (Wool Rules). The clearance and regulations to become a bank expires on April 30, 2018. holding company and/or to acquire the DATES: Comments must be received by assets or the ownership of, control of, or FEDERAL RESERVE SYSTEM May 9, 2018. the power to vote shares of a bank or ADDRESSES: Interested parties may file a Change in Bank Control Notices; bank holding company and all of the comment online or on paper by Acquisitions of Shares of a Bank or banks and nonbanking companies following the instructions in the Bank Holding Company owned by the bank holding company, Request for Comments part of the including the companies listed below. SUPPLEMENTARY INFORMATION section The notificants listed below have The applications listed below, as well below. Write ‘‘Wool Rules: FTC File No. applied under the Change in Bank as other related filings required by the P072108’’ on your comment, and file Control Act (12 U.S.C. 1817(j)) and Board, are available for immediate your comment online at https:// § 225.41 of the Board’s Regulation Y (12 inspection at the Federal Reserve Bank ftcpublic.commentworks.com/ftc/ CFR 225.41) to acquire shares of a bank indicated. The applications will also be woolrulespra2 by following the or bank holding company. The factors available for inspection at the offices of instructions on the web-based form. If that are considered in acting on the the Board of Governors. Interested you prefer to file your comment on notices are set forth in paragraph 7 of persons may express their views in paper, mail your comment to the the Act (12 U.S.C. 1817(j)(7)). writing on the standards enumerated in following address: Federal Trade The notices are available for the BHC Act (12 U.S.C. 1842(c)). If the Commission, Office of the Secretary, immediate inspection at the Federal proposal also involves the acquisition of 600 Pennsylvania Avenue NW, Suite Reserve Bank indicated. The notices a nonbanking company, the review also CC–5610 (Annex J), Washington, DC also will be available for inspection at includes whether the acquisition of the 20580, or deliver your comment to the the offices of the Board of Governors. nonbanking company complies with the following address: Federal Trade Interested persons may express their standards in section 4 of the BHC Act Commission, Office of the Secretary, views in writing to the Reserve Bank (12 U.S.C. 1843). Unless otherwise Constitution Center, 400 7th Street SW, indicated for that notice or to the offices noted, nonbanking activities will be 5th Floor, Suite 5610 (Annex J), of the Board of Governors. Comments conducted throughout the United States. Washington, DC 20024. must be received not later than April 24, FOR FURTHER INFORMATION CONTACT: 2018. Unless otherwise noted, comments regarding each of these applications Requests for additional information or A. Federal Reserve Bank of San must be received at the Reserve Bank copies of the proposed information Francisco (Gerald C. Tsai, Director, indicated or the offices of the Board of requirements should be addressed to Applications and Enforcement) 101 Governors not later than May 7, 2018. Jock K. Chung, Attorney, Division of Market Street, San Francisco, California Enforcement, Bureau of Consumer 94105–1579: A. Federal Reserve Bank of Chicago Protection, Federal Trade Commission, 1. The DeNault Family Trust dated (Colette A. Fried, Assistant Vice Mail Code CC–9528, 600 Pennsylvania August 18, 1978, as restated in full on President) 230 South LaSalle Street, Ave. NW, Washington, DC 20580, (202) June 1, 2009, Boulder Creek, California Chicago, Illinois 60690–1414: 326–2984. (‘‘Trust’’), and its trustees, John M. 1. Rock Rivers Bancorp, Rock Rapids, SUPPLEMENTARY INFORMATION: Cullison, Concord, California, Bodey D. Iowa; to become a bank holding Title: Rules and Regulations under the DeNault, Ridgefield, Washington, Jean company upon conversion of its Wool Products Labeling Act of 1939, 16 W. DeNault, Boulder Creek, California, subsidiary Frontier Bank, Rock Rapids, CFR part 300. John B. DeNault III, Fullerton, Iowa, from a savings association to a OMB Control Number: 3084–0100. California, Kenneth J. DeNault, Cedar South Dakota state-chartered bank. Type of Review: Extension of a Falls, Iowa, Wendy Robeson, Raleigh, Board of Governors of the Federal Reserve currently approved collection. North Carolina, and John R. Stowe, System, April 4, 2018. Abstract: The Wool Products Labeling Laguna Woods, California; to retain Act of 1939 (Wool Act) 1 prohibits the additional voting shares of Liberty Ann Misback, misbranding of wool products. The Bancorp, and thereby retain voting Secretary of the Board. Wool Rules establish disclosure shares of Liberty Bank, both of South [FR Doc. 2018–07195 Filed 4–6–18; 8:45 am] San Francisco, California. BILLING CODE 6210–01–P 1 15 U.S.C. 68 et seq.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15144 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

requirements that assist consumers in P072108’’ on your comment and on the confidential treatment that accompanies making informed purchasing decisions envelope, and mail it to the following the comment must include the factual and recordkeeping requirements that address: Federal Trade Commission, and legal basis for the request, and must assist the Commission in enforcing the Office of the Secretary, 600 identify the specific portions of the Rules. Pennsylvania Avenue NW, Suite CC– comment to be withheld from the public On January 16, 2018, the Commission 5610 (Annex J), Washington, DC 20580, record. See FTC Rule 4.9(c). Your sought comment on the information or deliver your comment to the comment will be kept confidential only collection requirements in the Wool following address: Federal Trade if the General Counsel grants your Rules. 83 FR 2154. No germane Commission, Office of the Secretary, request in accordance with the law and comments were received.2 As required Constitution Center, 400 7th Street SW, the public interest. Once your comment by OMB regulations, 5 CFR part 1320, 5th Floor, Suite 5610, Washington, DC has been posted on the public FTC the FTC is providing this second 20024. If possible, submit your paper website—as legally required by FTC opportunity for public comment. comment to the Commission by courier Rule 4.9(b)—we cannot redact or Likely Respondents: Manufacturers, or overnight service. remove your comment from the FTC importers, processors and marketers of Comments on the information website, unless you submit a wool products. collection requirements subject to confidentiality request that meets the Frequency of Response: Third party review under the PRA should requirements for such treatment under disclosure; recordkeeping requirement. additionally be submitted to OMB. If FTC Rule 4.9(c), and the General Estimated annual hours burden: sent by U.S. mail, they should be Counsel grants that request. 1,880,000 hours (160,000 recordkeeping addressed to Office of Information and The FTC Act and other laws that the hours + 1,720,000 disclosure hours). Regulatory Affairs, Office of Commission administers permit the Recordkeeping: 160,000 hours [4,000 Management and Budget, Attention: collection of public comments to wool firms incur an average 40 hours Desk Officer for the Federal Trade consider and use in this proceeding as per firm]. Commission, New Executive Office Disclosure: 1,720,000 hours [240,000 appropriate. The Commission will Building, Docket Library, Room 10102, consider all timely and responsive hours for determining label content + 725 17th Street NW, Washington, DC 480,000 hours to draft and order labels public comments that it receives on or 20503. Comments sent to OMB by U.S. before May 9, 2018. For information on + 1,000,000 hours to attach labels]. postal mail are subject to delays due to Estimated Annual Cost Burden: the Commission’s privacy policy, heightened security precautions. Thus, including routine uses permitted by the $23,740,000 (solely relating to labor comments can also be sent via email to costs).3 _ _ Privacy Act, see https://www.ftc.gov/ Wendy L. [email protected]. site-information/privacy-policy. Request for Comment Because your comment will be placed on the publicly accessible FTC website David C. Shonka, You can file a comment online or on at https://www.ftc.gov, you are solely paper. For the FTC to consider your Acting General Counsel. responsible for making sure that your comment, we must receive it on or [FR Doc. 2018–07128 Filed 4–6–18; 8:45 am] comment does not include any sensitive before May 9, 2018. Write ‘‘Wool Rules: BILLING CODE 6750–01–P or confidential information. In FTC File No. P072108’’ on your particular, your comment should not comment. Your comment—including include any sensitive personal your name and your state—will be FEDERAL TRADE COMMISSION information, such as your or anyone placed on the public record of this else’s Social Security number; date of Agency Information Collection proceeding, including, to the extent birth; driver’s license number or other Activities; Submission for OMB practicable, on the public Commission state identification number, or foreign Review; Comment Request website, at http://www.ftc.gov/os/ country equivalent; passport number; publiccomments.shtm. AGENCY: Federal Trade Commission Postal mail addressed to the financial account number; or credit or debit card number. You are also solely (FTC). Commission is subject to delay due to ACTION: Notice and request for comment. heightened security screening. As a responsible for making sure that your comment does not include any sensitive result, we encourage you to submit your SUMMARY: In compliance with the health information, such as medical comments online, or to send them to the Paperwork Reduction Act (PRA) of records or other individually Commission by courier or overnight 1995, the FTC is seeking public identifiable health information. In service. To make sure that the comments on its request to OMB for a addition, your comment should not Commission considers your online three-year extension of the current PRA include any ‘‘trade secret or any comment, you must file it at https:// clearance for information collection commercial or financial information ftcpublic.commentworks.com/ftc/ requirements contained in the Care which . . . is privileged or woolrulespra2 by following the Labeling of Textile Wearing Apparel confidential’’—as provided by Section instructions on the web-based form. and Certain Piece Goods As Amended 6(f) of the FTC Act, 15 U.S.C. 46(f), and When this Notice appears at https:// (Care Labeling Rule). The clearance FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— www.regulations.gov, you also may file expires on April 30, 2018. a comment through that website. including in particular competitively sensitive information such as costs, DATES: Comments must be received by If you file your comment on paper, May 9, 2018. write ‘‘Wool Rules: FTC File No. sales statistics, inventories, formulas, patterns, devices, manufacturing ADDRESSES: Interested parties may file a 2 The Commission received four non-germane processes, or customer names. comment online or on paper by comments. Comments containing material for following the instructions in the 3 The 60-Day Federal Register notice incorrectly which confidential treatment is Request for Comments part of the set out $16,380,000 as the estimated annual cost requested must be filed in paper form, SUPPLEMENTARY INFORMATION section burden for labor costs. However, the same notice also correctly included $23,740,000 as this must be clearly labeled ‘‘Confidential,’’ below. Write ‘‘Care Labeling Rule: FTC estimated cost after tabulating the constituent and must comply with FTC Rule 4.9(c). File No. P072108’’ on your comment, numbers. 83 FR 2154, 2155. In particular, the written request for and file your comment online at https://

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15145

ftcpublic.commentworks.com/ftc/ Likely Respondents: Manufacturers or Because your comment will be placed carelabelingrulepra2 by following the importers of textile apparel. on the publicly accessible FTC website instructions on the web-based form. If Frequency of Response: Third party at https://www.ftc.gov, you are solely you prefer to file your comment on disclosure. responsible for making sure that your paper, mail your comment to the Estimated Annual Cost Burden: comment does not include any sensitive following address: Federal Trade $214,221,229 (solely relating to labor or confidential information. In Commission, Office of the Secretary, costs). particular, your comment should not 600 Pennsylvania Avenue NW, Suite include any sensitive personal Request for Comment CC–5610 (Annex J), Washington, DC information, such as your or anyone 20580, or deliver your comment to the You can file a comment online or on else’s Social Security number; date of following address: Federal Trade paper. For the FTC to consider your birth; driver’s license number or other Commission, Office of the Secretary, comment, we must receive it on or state identification number, or foreign Constitution Center, 400 7th Street SW, before May 9, 2018. Write ‘‘Care country equivalent; passport number; 5th Floor, Suite 5610 (Annex J), Labeling Rule: FTC File No. P072108’’ financial account number; or credit or Washington, DC 20024. on your comment. Your comment— debit card number. You are also solely FOR FURTHER INFORMATION CONTACT: including your name and your state— responsible for making sure that your Requests for additional information or will be placed on the public record of comment does not include any sensitive copies of the proposed information this proceeding, including, to the extent health information, such as medical requirements should be addressed to practicable, on the public Commission records or other individually Hampton Newsome, Attorney, Division website, at http://www.ftc.gov/os/ identifiable health information. In of Enforcement, Bureau of Consumer publiccomments.shtm. addition, your comment should not Protection, Federal Trade Commission, Postal mail addressed to the include any ‘‘trade secret or any Mail Code CC–9528, 600 Pennsylvania Commission is subject to delay due to commercial or financial information Ave. NW, Washington, DC 20580, (202) heightened security screening. As a which . . . is privileged or 326–2889. result, we encourage you to submit your confidential’’—as provided by Section SUPPLEMENTARY INFORMATION: comments online, or to send them to the 6(f) of the FTC Act, 15 U.S.C. 46(f), and Title: The Care Labeling of Textile Commission by courier or overnight FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Wearing Apparel and Certain Piece service. To make sure that the including in particular competitively Goods As Amended (Care Labeling Commission considers your online sensitive information such as costs, Rule), 16 CFR 423. comment, you must file it at https:// sales statistics, inventories, formulas, OMB Control Number: 3084–0103. ftcpublic.commentworks.com/ftc/ patterns, devices, manufacturing Type of Review: Extension of a carelabelingrulepra2 by following the processes, or customer names. instructions on the web-based form. currently approved collection. Comments containing material for When this Notice appears at http:// Abstract: The Care Labeling Rule which confidential treatment is www.regulations.gov, you also may file requires manufacturers and importers to requested must be filed in paper form, a comment through that website. attach a permanent care label to all must be clearly labeled ‘‘Confidential,’’ If you file your comment on paper, covered textile clothing in order to and must comply with FTC Rule 4.9(c). write ‘‘Care Labeling Rule: FTC File No. assist consumers in making purchase In particular, the written request for P072108’’ on your comment and on the decisions and in determining what confidential treatment that accompanies envelope, and mail it to the following method to use to clean their apparel. the comment must include the factual address: Federal Trade Commission, Also, manufacturers and importers of and legal basis for the request, and must Office of the Secretary, 600 piece goods used to make textile identify the specific portions of the Pennsylvania Avenue NW, Suite CC– clothing must provide the same care comment to be withheld from the public 5610 (Annex J), Washington, DC 20580, information on the end of each bolt or record. See FTC Rule 4.9(c). Your or deliver your comment to the roll of fabric. comment will be kept confidential only following address: Federal Trade On January 16, 2018, the Commission if the General Counsel grants your Commission, Office of the Secretary, sought comment on the information request in accordance with the law and collection requirements in the Care Constitution Center, 400 7th Street SW, 5th Floor, Suite 5610, Washington, DC the public interest. Once your comment Labeling Rule. 83 FR 2156. No germane has been posted on the public FTC comments were received.1 As required 20024. If possible, submit your paper comment to the Commission by courier website—as legally required by FTC by OMB regulations, 5 CFR part 1320, Rule 4.9(b)—we cannot redact or the FTC is providing this second or overnight service. Comments on the information collection requirements remove your comment from the FTC opportunity for public comment. website, unless you submit a Estimated Annual Hours Burden: subject to review under the PRA should additionally be submitted to OMB. If confidentiality request that meets the 32,600,587 hours (solely relating to requirements for such treatment under disclosure 2) (1,074,400 hours to sent by U.S. mail, they should be addressed to Office of Information and FTC Rule 4.9(c), and the General determine care instructions + 859,520 Counsel grants that request. hours to draft and order labels + Regulatory Affairs, Office of 30,666,666 hours to attach labels). Management and Budget, Attention: The FTC Act and other laws that the Desk Officer for the Federal Trade Commission administers permit the Commission, New Executive Office collection of public comments to 1 The Commission received five non-germane comments. Building, Docket Library, Room 10102, consider and use in this proceeding as 2 The Care Labeling Rule imposes no specific 725 17th Street, NW, Washington, DC appropriate. The Commission will recordkeeping requirements. Although the Rule 20503. Comments sent to OMB by U.S. consider all timely and responsive requires manufacturers and importers to have postal mail are subject to delays due to public comments that it receives on or reliable evidence to support the recommended care before May 9, 2018. For information on instructions, companies in some circumstances can heightened security precautions. Thus, rely on current technical literature or past comments can also be sent via email to the Commission’s privacy policy, experience. [email protected]. including routine uses permitted by the

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15146 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Privacy Act, see https://www.ftc.gov/ Type of Review: Extension of a comment, you must file it at https:// site-information/privacy-policy. currently approved collection. ftcpublic.commentworks.com/ftc/textile Abstract: The Textile Fiber Products rulespra2 by following the instructions David C. Shonka, Identification Act (Textile Act) 1 on the web-based form. When this Acting General Counsel. prohibits the misbranding and false Notice appears at http:// [FR Doc. 2018–07126 Filed 4–6–18; 8:45 am] advertising of textile fiber products. The www.regulations.gov, you also may file BILLING CODE 6750–01–P Textile Rules establish disclosure a comment through that website. requirements that assist consumers in If you file your comment on paper, making informed purchasing decisions, write ‘‘Textile Rules: FTC File No. FEDERAL TRADE COMMISSION and recordkeeping requirements that P072108’’ on your comment and on the envelope, and mail it to the following Agency Information Collection assist the Commission in enforcing the Rules. The Rules also contain a petition address: Federal Trade Commission, Activities; Submission for OMB Office of the Secretary, 600 Review; Comment Request procedure for requesting the establishment of generic names for Pennsylvania Avenue NW, Suite CC– AGENCY: Federal Trade Commission textile fibers. 5610 (Annex J), Washington, DC 20580, (FTC). On January 22, 2018, the Commission or deliver your comment to the ACTION: Notice and request for comment. sought comment on the information following address: Federal Trade collection requirements in the Textile Commission, Office of the Secretary, SUMMARY: In compliance with the Rules. 83 FR 2992. No germane Constitution Center, 400 7th Street SW, Paperwork Reduction Act (PRA) of comments were received.2 As required 5th Floor, Suite 5610, Washington, DC 1995, the FTC is seeking public by OMB regulations, 5 CFR part 1320, 20024. If possible, submit your paper comments on its request to OMB to the FTC is providing this second comment to the Commission by courier extend for three years the current PRA opportunity for public comment. or overnight service. Comments on the clearances for information collection Likely Respondents: Manufacturers, information collection requirements requirements contained in the importers, processors and marketers of subject to review under the PRA should Commission’s Rules and Regulations textile fiber products. additionally be submitted to OMB. If under the Textile Fiber Products Frequency of Response: Third party sent by U.S. mail, they should be Identification Act (Textile Rules). The disclosure; recordkeeping requirement. addressed to Office of Information and clearance expires on April 30, 2018. Estimated annual hours burden: Regulatory Affairs, Office of DATES: Comments must be received by 37,007,147 hours (782,600 Management and Budget, Attention: May 9, 2018. recordkeeping hours + 36,224,547 Desk Officer for the Federal Trade Commission, New Executive Office ADDRESSES: Interested parties may file a disclosure hours). comment online or on paper by Recordkeeping: 782,600 hours Building, Docket Library, Room 10102, following the instructions in the (approximately 12,040 textile firms 725 17th Street NW, Washington, DC 20503. Comments sent to OMB by U.S. Request for Comments part of the incur average burden of 65 hours per postal mail are subject to delays due to SUPPLEMENTARY INFORMATION section firm). heightened security precautions. Thus, below. Write ‘‘Textile Rules: FTC File Disclosure: 36,224,547 hours (698,360 comments can also be sent via email to No. P072108’’ on your comment, and hours to determine label content + 859,520 hours to draft and order labels [email protected]. file your comment online at https:// Because your comment will be placed ftcpublic.commentworks.com/ftc/textile + 34,666,667 hours to attach labels). Estimated annual cost burden: on the publicly accessible FTC website rulespra2 by following the instructions at https://www.ftc.gov, you are solely on the web-based form. If you prefer to 239,778,909 (solely relating to labor costs). responsible for making sure that your file your comment on paper, mail your comment does not include any sensitive comment to the following address: Request for Comment or confidential information. In Federal Trade Commission, Office of the You can file a comment online or on particular, your comment should not Secretary, 600 Pennsylvania Avenue paper. For the FTC to consider your include any sensitive personal NW, Suite CC–5610 (Annex J), comment, we must receive it on or information, such as your or anyone Washington, DC 20580, or deliver your before May 9, 2018. Write ‘‘Textile else’s Social Security number; date of comment to the following address: Rules: FTC File No. P072108’’ on your birth; driver’s license number or other Federal Trade Commission, Office of the comment. Your comment—including state identification number, or foreign Secretary, Constitution Center, 400 7th your name and your state—will be country equivalent; passport number; Street SW, 5th Floor, Suite 5610 (Annex placed on the public record of this financial account number; or credit or J), Washington, DC 20024. proceeding, including, to the extent debit card number. You are also solely FOR FURTHER INFORMATION CONTACT: practicable, on the public Commission responsible for making sure that your Requests for additional information or website, at http://www.ftc.gov/os/ comment does not include any sensitive copies of the proposed information publiccomments.shtm. health information, such as medical requirements should be addressed Jock Postal mail addressed to the records or other individually K. Chung, Attorney, Division of Commission is subject to delay due to identifiable health information. In Enforcement, Bureau of Consumer heightened security screening. As a addition, your comment should not Protection, Federal Trade Commission, result, we encourage you to submit your include any ‘‘trade secret or any Mail Code CC–9528, 600 Pennsylvania comments online, or to send them to the commercial or financial information Ave. NW, Washington, DC 20580, (202) Commission by courier or overnight which . . . is privileged or 326–2984. service. To make sure that the confidential’’—as provided by Section SUPPLEMENTARY INFORMATION: Commission considers your online 6(f) of the FTC Act, 15 U.S.C. 46(f), and Title: Rules and Regulations under the FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)— Textile Fiber Products Identification 1 15 U.S.C. 70 et seq. including in particular competitively Act, 16 CFR part 303. 2 The Commission received three non-germane sensitive information such as costs, OMB Control Number: 3084–0101. comments. sales statistics, inventories, formulas,

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15147

patterns, devices, manufacturing (OMB) for review and clearance under blood product in commercial processes, or customer names. the Paperwork Reduction Act of 1995. distribution at the time. If the owner or Comments containing material for DATES: Fax written comments on the operator of the establishment has not which confidential treatment is collection of information by May 9, previously entered into such operation requested must be filed in paper form, 2018. for which a license is required, must be clearly labeled ‘‘Confidential,’’ registration must follow within 5 days ADDRESSES: and must comply with FTC Rule 4.9(c). To ensure that comments on after the submission of a biologics In particular, the written request for the information collection are received, license application. In addition, owners confidential treatment that accompanies OMB recommends that written or operators of all establishments so the comment must include the factual comments be faxed to the Office of engaged must register annually between and legal basis for the request, and must Information and Regulatory Affairs, October 1 and December 31 and update OMB, Attn: FDA Desk Officer, Fax: 202– identify the specific portions of the _ their blood product listing every June comment to be withheld from the public 395–7285, or emailed to oira and December. [email protected]. All record. See FTC Rule 4.9(c). Your Section 607.22(a) requires, in part, comments should be identified with the comment will be kept confidential only that initial and subsequent registrations OMB control number 0910–0052. Also if the General Counsel grants your and product listings be submitted include the FDA docket number found request in accordance with the law and electronically through the Blood in brackets in the heading of this the public interest. Once your comment Establishment Registration and Product document. has been posted on the public FTC Listing system or any future superseding website—as legally required by FTC FOR FURTHER INFORMATION CONTACT: Ila electronic system. Rule 4.9(b)—we cannot redact or S. Mizrachi, Office of Operations, Food Section 607.22(b) requires, in part, remove your comment from the FTC and Drug Administration, Three White that requests for a waiver of the website, unless you submit a Flint North, 10A–12M, 11601 requirements of § 607.22 be submitted confidentiality request that meets the Landsdown St., North Bethesda, MD in writing and include the specific requirements for such treatment under 20852, 301–796–7726, PRAStaff@ reasons why electronic submission is FTC Rule 4.9(c), and the General fda.hhs.gov. not reasonable for the registrant. Counsel grants that request. SUPPLEMENTARY INFORMATION: In Section 607.22(c) provides that if FDA The FTC Act and other laws that the compliance with 44 U.S.C. 3507, FDA grants the waiver request, FDA may Commission administers permit the has submitted the following proposed limit its duration and will specify the collection of public comments to collection of information to OMB for terms of the waiver and provide consider and use in this proceeding as review and clearance. information on how to submit appropriate. The Commission will establishment registration, drug listings, consider all timely and responsive Blood Establishment Registration and other information, and updates, as public comments that it receives on or Product Listing, Form FDA 2830—21 applicable (e.g., Form FDA 2830). before May 9, 2018. For information on CFR part 607 OMB Control Number Section 607.25 sets forth the the Commission’s privacy policy, 0910–0052—Extension information required for establishment including routine uses permitted by the Under section 510 of the Federal registration and blood product listing. Privacy Act, see https://www.ftc.gov/ Food, Drug, and Cosmetic Act (21 U.S.C. Section 607.26 requires, in part, that site-information/privacy-policy. 360), any person owning or operating an certain changes, such as ownership or David C. Shonka, establishment that manufactures, location changes, be submitted to FDA electronically as an amendment to Acting General Counsel. prepares, propagates, compounds, or processes a drug or device must register establishment registration within 5 [FR Doc. 2018–07127 Filed 4–6–18; 8:45 am] with the Secretary of Health and Human calendar days of such changes using the BILLING CODE 6750–01–P Services, on or before December 31 of FDA Blood Establishment Registration each year, his or her name, places of and Product Listing system, or any business, and all such establishments, future superseding electronic system. DEPARTMENT OF HEALTH AND among other information, and must Section 607.30(a), in part, sets forth HUMAN SERVICES submit a list of all drug and all device the information required from owners or products manufactured, prepared, operators of establishments when they Food and Drug Administration propagated, compounded, or processed update their blood product listing by him or her for commercial information in June and December of [Docket No. FDA–2014–N–1069] distribution, among other information. each year (at a minimum). Section 607.31 requires that certain Agency Information Collection In part 607 (21 CFR part 607), FDA has additional blood product listing Activities; Submission for Office of issued regulations implementing these information be provided upon request Management and Budget Review; requirements for manufacturers of by FDA. Comment Request; Blood human blood and blood products. Establishment Registration and Section 607.20(a), requires, in part, Section 607.40 requires, in part, that Product Listing, Form FDA 2830 that owners or operators of certain certain foreign blood product establishments that engage in the establishments comply with the AGENCY: Food and Drug Administration, manufacture of blood products register establishment registration and blood HHS. and submit a list of every blood product product listing information ACTION: Notice. in commercial distribution. requirements in part 607, subpart B Section 607.21 requires the owner or (§§ 607.20 through 607.39, 607.40(a) and SUMMARY: The Food and Drug operator of an establishments entering (b)), and provide the name and address Administration (FDA) is announcing into the manufacturing of blood of the establishment and the name of the that a proposed collection of products to register the establishment individual responsible for submitting information has been submitted to the within 5 days after beginning such establishment registration and blood Office of Management and Budget operation and to submit a list of every product listing information (§ 607.40(c))

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15148 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

as well as the name, address, and phone plasma donor centers, blood banks, and Research and FDA experience with number of its U.S. agent (§ 607.40(d)). certain transfusion services, other blood the blood establishment registration and This information assists FDA in its product manufacturers, and product listing requirements. inspections of facilities, among other independent laboratories that engage in In the Federal Register of December uses, and its collection is essential to quality control and testing for registered 26, 2017 (82 FR 61013), FDA published the overall regulatory scheme designed blood product establishments. a 60-day notice requesting public to ensure the safety of the Nation’s FDA estimates the burden of this comment on the proposed collection of blood supply. collection of information based upon information. We received no comments. Respondents to this collection of information obtained from the database FDA estimates the burden of this information are human blood and of FDA’s Center for Biologics Evaluation collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Average burden 21 CFR section Activity/form FDA Number of responses per Total annual per Total hours 2830 respondents respondent responses response

607.20(a), 607.21, 607.22, 607.25, Initial Registra- 115 1 115 1...... 115 and 607.40. tion. 607.21, 607.22, 607.25, 607.26, Annual Registra- 2,612 1 2,612 0.5...... 1,306 607.31, and 607.40. tion. (30 minutes) ...... 607.21, 607.25, 607.30(a), 607.31, Product Listing 200 1 200 0.25...... 50 and 607.40. Update. (15 minutes) ...... 607.22(b) ...... Waiver Requests 25 ...... 25 1 ...... 25

Total ...... 1,496 1There are no capital costs of operating and maintenance costs associated with this collection of information.

The burden for this information ADDRESSES: To ensure that comments on 350a) requires manufacturers of infant collection has changed since the last the information collection are received, formula to establish and adhere to OMB approval. Because of a slight OMB recommends that written quality control procedures, notify us increase in the number of initial comments be faxed to the Office of when a batch of infant formula that has registrations and product listing updates Information and Regulatory Affairs, left the manufacturers’ control may be FDA has received during the past 3 OMB, Attn: FDA Desk Officer, Fax: 202– adulterated or misbranded, and keep years, we have increased our reporting 395–7285, or emailed to oira_ records of distribution. We also regulate burden estimate. [email protected]. All the labeling of infant formula under the Dated: April 3, 2018. comments should be identified with the authority of section 403 of the FD&C Act OMB control number 0910–0256. Also Leslie Kux, (21 U.S.C. 343). The purpose of the include the FDA docket number found labeling requirements is to ensure that Associate Commissioner for Policy. in brackets in the heading of this [FR Doc. 2018–07145 Filed 4–6–18; 8:45 am] consumers have the information they document. need to prepare and use infant formula BILLING CODE 4164–01–P FOR FURTHER INFORMATION CONTACT: appropriately. The regulations for infant Domini Bean, Office of Operations, formula requirements are codified in 21 DEPARTMENT OF HEALTH AND Food and Drug Administration, Three CFR parts 106 and 107. HUMAN SERVICES White Flint North, 10A–12M, 11601 To assist respondents with applicable Landsdown St., North Bethesda, MD reporting provisions found in the Food and Drug Administration 20852, 301–796–5733, PRAStaff@ regulations, we have developed an fda.hhs.gov. electronic Form FDA 3978 that allows [Docket No. FDA–2013–N–0545] SUPPLEMENTARY INFORMATION: In infant formula manufacturers to compliance with 44 U.S.C. 3507, FDA Agency Information Collection electronically submit reports and has submitted the following proposed Activities; Submission for Office of notifications in a standardized format. collection of information to OMB for Management and Budget Review; Form FDA 3978 prompts respondents to review and clearance. Comment Request include information in a standardized Infant Formula Requirements—21 CFR format and helps respondents organize AGENCY: Food and Drug Administration, parts 106 and 107 submissions to include only the HHS. information needed for our review. Draft ACTION: Notice. OMB Control Number 0910–0256— screenshots of Form FDA 3978 and Extension instructions are available at https:// SUMMARY: The Food and Drug This information collection supports www.fda.gov/Food/ Administration (FDA) is announcing FDA regulations regarding infant GuidanceRegulation/ that a proposed collection of formula requirements. Statutory FoodFacilityRegistration/ information has been submitted to the requirements for infant formula under InfantFormula/default.htm. Form FDA Office of Management and Budget the Federal Food, Drug, and Cosmetic 3978 was deployed in 2017 as a pilot by (OMB) for review and clearance under Act (FD&C Act) are intended to protect FDA and, while informal feedback the Paperwork Reduction Act of 1995. the health of infants and include a regarding its use has been favorable, we DATES: Fax written comments on the number of reporting and recordkeeping continue to invite comment. If collection of information by May 9, requirements. Among other things, manufacturers prefer, however, FDA 2018. section 412 of the FD&C Act (21 U.S.C. continues to accept paper submissions.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15149

In the Federal Register of November collection of information. No comments information collection, which is as 15, 2017, we published a notice inviting were received. We therefore retain our follows: public comment on the proposed original burden estimate for the TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

Number of Total FD&C act or 21 CFR section Number of responses per annual Average burden Total hours respondents respondent responses per response

Reports; Section 412(d) of the FD&C Act ...... 5 13 65 10 650 Notifications; § 106.120(b) ...... 1 1 1 4 4 Reports for Exempt Infant Formula; § 107.50(b)(3) and (4) ...... 3 2 6 4 24 Notifications for Exempt Infant Formula;§ 107.50(e)(2) ...... 1 1 1 4 4 Requirements for Quality Factors Growth Monitoring Study Ex- 4 9 36 20 720 emption; § 106.96(c). Requirements for Quality Factors—PER Exemption; § 106.96(g) 1 34 34 12 408 New Infant Formula Registration; § 106.110 ...... 4 9 36 0.50 (30 minutes) 18 New Infant Formula Submission; § 106.120 ...... 4 9 36 10 360

Total ...... 2,188 1 There are no capital or operating and maintenance costs associated with the information collection.

In compiling these estimates, we § 107.50(e)(2) and that it takes 4 hours burden as 36 registrations × 0.5 hour per consulted our records of the number of to prepare. registration = 17.5 (rounded to 18) infant formula submissions we received We assume that 4 firms will submit 36 hours, as shown in row 7 of table 1. under the information collection. All exemptions under § 106.96(c) and that We estimate that four firms each use infant formula submissions may be each exemption will take 20 hours to one senior scientist or regulatory affairs provided to us in electronic format. Our assemble for a total burden of 720 hours professional who needs 10 hours to estimate of the time needed per annually, as reflected in row 5 of table gather and record information needed response is based on our experience 1. for infant formula submissions under with similar programs and informal We assume that the infant formula § 106.120. This estimate includes the feedback we have received from industry annually submits 35 protein time needed to gather and record the industry. efficiency ratio (PER) submissions. For information the manufacturer uses to the submission of the PER exemption, request an exemption under We assume that we will receive 13 we estimate that the infant formula § 106.91(b)(1)(ii), which provides that reports from 5 manufacturers under industry submits 34 exemptions per the manufacturer includes the scientific section 412(d) of the FD&C Act, for a year and that each exemption takes evidence that the manufacturer is total of 65 reports annually. We assume supporting staff 12 hours to prepare. relying on to demonstrate that the each report takes 10 hours to compile Therefore, we calculate 34 exemptions × stability of the new infant formula will for a total of 650 hours annually. We 12 hours per exemption = 408 hours to likely not differ from the stability of also assume that we will receive one fulfill the requirements of § 106.96(g), as formula with similar composition, notification under § 106.120(b) and 4 shown in row 6 of table 1. processing, and packaging for which hours is needed per response, for a total We estimate that four firms each use there are extensive stability data. We of 4 hours annually. one senior scientist or regulatory affairs estimate that 4 firms make submissions For exempt infant formula, we assume professional who needs 30 minutes to for 36 new infant formulas, or an we will receive two reports from three gather and record the required average of 9 submissions per firm. manufacturers under § 107.50(b)(3) and information for an infant formula Therefore, to comply with § 106.120, we (4), for a total of six reports annually. registration under § 106.110. We calculate the annual burden as 36 We assume each report takes 4 hours to estimate that the industry annually submissions × 10 hours per submission compile for a total burden of 24 hours registers 35 new infant formulas, or an = 360 hours, as shown in row 8 of table annually. We also assume we will average of 9 registrations per firm. 1. Thus, the total annual reporting receive one notification annually under Therefore, we calculate the annual burden is 2,188 hours. TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Total Activity; 21 CFR section Number of records per annual Average burden Total recordkeepers recordkeeper records per recordkeeping hours

Controls to prevent adulteration caused by facilities—testing for 21 1 21 1.5 (90 minutes) 32 radiological contaminants; 3 § 106.20(f)(3) Controls to prevent adulteration caused by facilities—record- 21 1 21 0.08 (5 minutes) 2 keeping of testing for radiological contaminants; 2 §§ 106.20(f)(4) and 106.100(f)(1) Controls to prevent adulteration caused by facilities—testing for 5 52 260 0.08 (5 minutes) 21 bacteriological contaminants § 106.20(f)(3) Controls to prevent adulteration caused by facilities—record- 5 52 260 0.08 (5 minutes) 21 keeping of testing for bacteriological contaminants §§ 106.20(f)(4) and 106.100(f)(1) Controls to prevent adulteration by equipment or utensils; 5 52 260 0.22 (13 minutes) 57 §§ 106.30(d) and 106.100(f)(2) Controls to prevent adulteration by equipment or utensils; 5 52 260 0.22 (13 minutes) 57 §§ 106.30(e)(3)(iii) and 106.100(f)(3)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15150 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1—Continued

Number of Total Activity; 21 CFR section Number of records per annual Average burden Total recordkeepers recordkeeper records per recordkeeping hours

Controls to prevent adulteration by equipment or utensils; 5 52 260 0.20 (12 minutes) 52 §§ 106.30(f) and 106.100(f)(4) Controls to prevent adulteration due to automatic (mechanical or 5 1 5 520 2,600 electronic) equipment; §§ 106.35(c) and 106.100(f)(5) Controls to prevent adulteration due to automatic (mechanical or 5 2 10 640 6,400 electronic) equipment §§ 106.35(c) and 106.100(f)(5) Controls to prevent adulteration caused by ingredients, con- 5 52 260 0.17 (10 minutes) 44 tainers, and closures; §§ 106.40(d) and 106.100(f)(6) Controls to prevent adulteration during manufacturing; 5 52 260 0.23 (14 minutes) 60 §§ 106.50(a)(1) and 106.100(e) Controls to prevent adulteration from microorganisms; 5 52 260 0.25 (15 minutes) 65 §§ 106.55(d) and 106.100(e)(5)(ii) and (f)(7) Controls to prevent adulteration during packaging and labeling of 1 12 12 0.25 (15 minutes) 3 infant formula; § 106.60(c) General quality control—testing; § 106.91(b)(1), (2), and (3) 4 1 4 2 8 General quality control; §§ 106.91(b)(1) and(d), and 4 52 208 0.15 (9 minutes) 31 106.100(e)(5)(i) General quality control; §§ 106.91(b)(2) and (d), and 4 52 208 0.15 (9 minutes) 31 106.100(e)(5)(i) General quality control; §§ 106.91(b)(3) and (d), and 4 52 208 0.15 (9 minutes) 31 106.100(e)(5)(i) Audit plans and procedures; ongoing review and updating of au- 5 1 5 8 40 dits; § 106.94 Audit plans and procedures —regular audits; § 106.94 5 52 260 4 1,040 Requirements for quality factors for infant formulas—written study 1 1 1 16 16 report; §§ 106.96(b) and (d), 106.100(p)(1) and (q)(1), and 106.121 Requirements for quality factors for infant formulas—anthropo- 112 6 672 0.50 (30 minutes) 336 metric data; §§ 106.96(b)(2) and (d), and 106.100(p)(1) Requirements for quality factors for infant formulas—formula in- 112 6 672 0.25 (15 minutes) 168 take §§ 106.96(b)(3) and (d), and 106.100(p)(1) Requirements for quality factors for infant formulas—data plot- 112 6 672 0.08 (5 minutes) 54 ting; §§ 106.96(b)(4) and (d), and 106.100(p)(1) Requirements for quality factors for infant formulas—data com- 112 6 672 0.08 (5 minutes) 54 parison; §§ 106.96(b)(5) and (d), and 106.100(p)(1) Requirements for quality factors—per data collection; § 106.96(f) 1 1 1 8 8 Requirements for quality factors—per written report; § 106.96(f) 1 1 1 1 1 Records; § 106.100 5 10 50 400 20,000 Records for Exempt Infant Formula; § 107.50(c)(3) 3 10 30 300 9,000

Total ...... 40,232 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Where necessary, numbers have been rounded to the nearest whole number. 3 This testing only occurs every 4 years.

We estimate that 21 infant formula records of radiological testing, as seen retained. We estimate that one senior plants will test at least every 4 years for on row 2 of table 2. validation engineer for each of the five radiological contaminants. In addition, We estimate that five infant formula plants will need to spend about 13 we estimate that collecting water for all plants will test weekly for minutes per week to satisfy the ongoing testing in § 106.20(f)(3) takes between 1 bacteriological contaminants. We calibration recordkeeping requirements. and 2 hours. We estimate that water estimate that performing the test will Therefore, 5 recordkeepers × 52 weeks × collection takes an average of 1.5 hours take 5 minutes per test once a week. = 260 records; 260 records 0.22 hour and that water collection occurs Annually, this burden is 0.08 hours × 52 per record = 57 hours as the annual separately for each type of testing. We weeks = 4.16 hours per year, per plant, burden, as presented in row 5 of table × estimate that performing the test will and 4.16 hours per plant 5 plants = 2. take 1.5 hours per test, every 4 years. 20.8 (rounded to 21) total annual hours, Sections 106.30(e)(3)(iii) and Therefore, 1.5 hours per plant × 21 as seen on row 3 of table 2. 106.100(f)(3)) require the recordkeeping plants = 31.5 (rounded to 32) total Furthermore, for the five plants that are of the temperatures of each cold storage estimated to not currently test weekly compartment. We estimate that five hours, every 4 years, as seen in row 1 for bacteriological contaminants, this plants will each require one senior of table 2. Furthermore, §§ 106.20(f)(4) burden is estimated to be 5 minutes per validation engineer about 13 minutes and 106.100(f)(1) require firms to make record, every week. Therefore, 0.08 hour per week of recordkeeping. Therefore, 5 and retain records of the frequency and per record × 52 weeks = 4.16 hours per recordkeepers × 52 weeks = 260 records; results of water testing. For the 21 plant for the maintenance of records of 260 records × 0.22 hours per record = 57 plants that are estimated not to bacteriological testing. Accordingly, hours as the annual burden, as currently test for radiological 4.16 hours × 5 plants = 20.8 (rounded presented in row 6 of table 2. contaminants, this burden is estimated to 21) annual hours, as seen on row 4 Sections 106.30(f) and 106.100(f)(4) to be 5 minutes per record every 4 years. of table 2. require the recordkeeping of ongoing × Therefore, 0.08 hour per record 21 Sections 106.30(d) and 106.100(f)(2) sanitation efforts. We estimate that five plants = 1.68 (rounded to 2) hours, require that records of calibrating plants will each require one senior every 4 years for the maintenance of certain instruments be made and validation engineer about 12 minutes

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15151

per week of recordkeeping. Therefore, 5 labeling of mixed-lot packages of infant (q)(1), and 106.121 as shown in row 20 recordkeepers × 52 weeks = 260 records; formula. Section 106.60(c) requires of table 2. 260 records × 0.20 hours per record = 52 infant formula distributors to label A study conducted according to the hours as the annual burden, as infant formula packaging (such as requirements of § 106.96(b)(2) must presented in row 7 of table 2. packing cases) to facilitate product include the collection of anthropometric For §§ 106.35(c) and 106.100(f)(5), we tracing and to keep specific records of measurements of physical growth and estimate that one senior validation the distribution of these mixed lot cases. information on formula intake, and engineer per plant needs 10 hours per We estimate that one worker needs 15 §§ 106.96(d) and 106.100(p)(1) require week of recordkeeping, with the annual minutes, once a month (0.25 × 12 that the anthropometric measurements burden for this provision being 520 months) to accomplish this, for an be made six times during the growth hours per plant × 5 plants = 2,600 annual burden of 3 hours, as shown in study. We estimate that in a growth annual hours, as shown in row 8 of table row 13 of table 2. study of 112 infants, 2 nurses or other 2. In addition, an infant formula Sections 106.91(b)(1), (2), and (3) health professionals with similar manufacturer revalidates its systems provide ongoing stability testing experience need 15 minutes per infant when it makes changes to automatic requirements. We estimate that the at each of the required 6 times to collect equipment. We estimate that such stability testing requirements has a and record the required anthropometric × changes occur twice a year, and that on burden of 2 hours per plant. Therefore, measurements. Therefore, 2 nurses each of the two occasions, a team of four 2 hours × 4 plants = 8 hours as the 0.25 hours = 0.50 hour per infant, per × senior validation engineers per plant annual burden to fulfill the testing visit, and 0.50 hour 6 visits = 3 hours needs to work full time for 4 weeks (4 requirements, as shown in row 14 of per infant. For 112 infants in the study, × × weeks 40 hours per week = 160 work table 2. 3 hours 112 infants = 336 hours for the hours per person) to provide Sections 106.91(d) and annual burden, as shown in row 21 of revalidation of the plant’s automated 106.100(e)(5)(i) provide for table 2. In addition, we estimate that systems sufficient to comply with this recordkeeping of tests required under one nurse needs 15 minutes per infant section. The annual burden for four to collect and record the formula intake § 106.91(b)(1), (2), and (3). We estimate × senior validation engineers each that one senior validation engineer per information. That is, 0.25 hour 6 visits working 160 hours twice a year is 1,280 = 1.5 hour per infant, and 1.5 hour per × × plant will spend about 9 minutes per × hours ((160 hours 2 revalidations) 4 week of recordkeeping to be in infant 112 infants = 168 hours for the engineers = 1,280 total work hours) per × annual burden, as shown in row 22 of × × compliance. Thus, 4 recordkeepers 52 plant. Therefore, 640 hours 5 plants weeks = 208 records; 208 records × 0.15 table 2. Section 106.96(b)(4) requires plotting 2 times per year = 6,400 hours as the hour per record = 31.2 (rounded to 31) annual burden, as shown on row 9 of each infant’s anthropometric hours for the annual burden, as shown table 2. measurements on the Centers for in rows 15, 16, and 17 of table 2. Sections 106.40(d) and 106.100(f)(6) Disease Control and Prevention- require written specifications for We estimate that the ongoing review recommended World Health ingredients, containers, and closures. and updating of audit plans requires a Organization Child Growth Standards. senior validation engineer 8 hours per We estimate that one senior validation × We estimate that it takes 5 minutes per engineer per plant needs about 10 year, per plant. Therefore, 8 hours 5 infant to record the anthropometric data minutes a week to fulfill the plants = 40 hours for the annual burden, on the growth chart at each study visit. recordkeeping requirements. Therefore, as shown in row 18 of table 2. Therefore, 112 infants × 6 data plots = 5 recordkeepers × 52 weeks = 260 We estimate that a manufacturer 672 data plots, and 672 data plots × 0.08 records and 260 records × 0.17 hour = chooses to audit once per week. We hour per comparison = 53.75 hours 44 hours as the annual burden, as estimate each weekly audit requires a (rounded to 54) for the annual burden, shown in row 10 of table 2. senior validation engineer 4 hours, or 52 as shown in row 23 of table 2. We estimate that five plants will weeks × 4 hours = 208 hours per plant. Section 106.96(b)(5) requires that data change a master manufacturing order Therefore, burden for updating audit on formula intake by the test group be and that one senior validation engineer plans is calculated as 208 hours × 5 compared to the intake of a concurrent for each of the five plants spends about plants = 1,040 hours for the annual control group. We estimate that one 14 minutes per week on recordkeeping burden, as shown in row 19 of table 2. nurse or other health care professional pertaining to the master manufacturing We estimate that, as a result of the with similar experience needs 5 minutes order, as required by §§ 106.50(a)(1) and regulations, the industry as a whole per infant for each of the six times 106.100(e). Thus, 5 recordkeepers × 52 performs one additional growth study anthropometric data are collected. weeks = 260 records; 260 records × 0.23 per year, in accordance with § 106.96. Therefore, 6 comparisons of data × 112 hour = 60 hours as the annual burden, The regulations require that several infants = 672 data comparisons and 672 as shown in row 11 of table 2. pieces of data be collected and data comparisons × 0.08 hour per Sections 106.55(d), 106.100(e)(5)(ii), maintained for each infant in the growth comparison = 53.75 hours (rounded to and 106.100(f)(7)) require recordkeeping study. We estimate that the data 54) for the annual burden, as shown in of the testing of infant formula for collection associated with the growth row 24 of table 2. microorganisms. We estimate that five study is assembled into a written report Section 106.96(f) provides that a plants each need one senior validation and kept as a record in compliance with manufacturer meets the quality factor of engineer to spend 15 minutes per week §§ 106.96(d) and 106.100(p)(1). Thus, sufficient biological quality of the on recordkeeping pertaining to we estimate that one additional growth protein by establishing the biological microbiological testing. Thus, 5 study report is generated, and that this quality of the protein in the infant recordkeepers × 52 weeks = 260 records; report requires one senior scientist to formula when fed as the sole source of 260 records × 0.25 hour per record = 65 work 16 hours to compile the data into nutrition using an appropriate hours as the annual burden, as shown a study report. Therefore, one growth modification of the PER rat bioassay. in row 12 of table 2. study report × 16 hours = 16 hours for Under § 106.96(g)(1), a manufacturer of Section 106.60 establishes the annual burden for compliance with infant formula may be exempt from this requirements for the recordkeeping and §§ 106.96(b) and (d), 106.100(p)(1) and requirement if the manufacturer

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15152 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

requests an exemption and provides supports the quality factor for the Further, we estimate that a report based assurances, as required under § 106.121, biological quality of the protein. We on the PER study will be generated and that changes made by the manufacturer estimate that the infant formula industry that this study report will take a senior to an existing infant formula are limited submits a total of 35 PER submissions: scientist 1 hour to generate. Therefore, to changing the type of packaging. A 34 exemption requests and the results of a total of 9 hours will be required to manufacturer may also be exempt from 1 PER study. fulfill the requirements for § 106.96(f): 8 this requirement under § 106.100(g)(2), A PER study conducted according to hours for the PER study and data if the manufacturer requests an the Association of Analytical collection, and 1 hour for the Communities Official Method 960.48 is exemption and provides assurances, as development of a report based on the required under § 106.121, that 28 days in duration. We estimate that PER study, as shown in rows 25 and 26 demonstrate to FDA’s satisfaction that there will be 10 rats in the control and of table 2. the change to an existing formula does test groups (20 rats total) and that food not affect the bioavailability of the consumption and body weight will be We estimate that five firms will protein. Finally, a manufacturer of measured at day 0 and at 7-day intervals expend approximately 20,000 hours per infant formula may be exempt from this during the 28-day study period (a total year to fully satisfy the recordkeeping requirement under § 106.96(g)(3) if the of 5 records per rat). We further estimate requirements in § 106.100 and that three manufacturer requests an exemption that measuring and recording food firms will expend approximately 9,000 and provides assurances, as required consumption and body weight will take hours per year to fully satisfy the under § 106.121(i), that demonstrate that 5 minutes per rat. Therefore, 20 rats × recordkeeping requirements in an alternative method to the PER that is 5 records = 100 records; 100 records × § 107.50(c)(3). Thus, the total based on sound scientific principles is 0.08 hour minutes per record = 8 hours recordkeeping burden is 40,232 hours. available to show that the formula to fulfill the requirements of § 106.96(f).

TABLE 3—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Number of disclosures Total Average Total 21 CFR section respondents per annual burden per hours respondent disclosures disclosure

Nutrient labeling; 21 CFR 107.10(a) and 107.20 ...... 5 13 65 8 520 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

We estimate compliance with our DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: Ila labeling requirements in §§ 107.10(a) HUMAN SERVICES S. Mizrachi, Office of Operations, Food and 107.20 requires 520 hours annually and Drug Administration, Three White by five manufacturers. Food and Drug Administration Flint North, 10A–12M, 11601 Landsdown St., North Bethesda, MD Dated: April 3, 2018. [Docket Nos. FDA–2014–N–0075; FDA– 20852, 301–796–7726, PRAStaff@ Leslie Kux, 2011–N–0015; FDA–2011–N–0076; FDA– 2017–N–0932; FDA–2016–N–4487; FDA– fda.hhs.gov. Associate Commissioner for Policy. 2014–N–0345; FDA–2013–N–0523; FDA– SUPPLEMENTARY INFORMATION: The [FR Doc. 2018–07147 Filed 4–6–18; 8:45 am] 2017–N–2428; FDA–2008–N–0312; and following is a list of FDA information BILLING CODE 4164–01–P FDA–2014–N–1072] collections recently approved by OMB Agency Information Collection under section 3507 of the Paperwork Activities; Announcement of Office of Reduction Act of 1995 (44 U.S.C. 3507). Management and Budget Approvals The OMB control number and expiration date of OMB approval for AGENCY: Food and Drug Administration, each information collection are shown HHS. in table 1. Copies of the supporting ACTION: Notice. statements for the information collections are available on the internet SUMMARY: The Food and Drug at https://www.reginfo.gov/public/do/ Administration (FDA) is publishing a PRAMain. An Agency may not conduct list of information collections that have or sponsor, and a person is not required been approved by the Office of to respond to, a collection of Management and Budget (OMB) under information unless it displays a the Paperwork Reduction Act of 1995. currently valid OMB control number.

TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB

Date Title of collection OMB approval Control No. expires

Good Laboratory Practice Regulations for Nonclinical Studies ...... 0910–0119 1/31/2021 Orphan Drug Designation Request Form and The Common European Medicines Agency/Food and Drug Ad- ministration Form for Orphan Medicinal Product Designation ...... 0910–0167 1/31/2021 Electronic Records: Electronic Signatures ...... 0910–0303 1/31/2021 Experimental Study on Warning Statements for Cigarette Graphic Health Warnings ...... 0910–0848 1/31/2021

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15153

TABLE 1—LIST OF INFORMATION COLLECTIONS APPROVED BY OMB—Continued

Date Title of collection OMB approval Control No. expires

Consumer and Healthcare Professional Identification of and Responses to Deceptive Prescription Drug Pro- motion ...... 0910–0849 1/31/2021 Data to Support Drug Product Communications ...... 0910–0695 2/28/2021 Applications for FDA Approval to Market a New Drug ...... 0910–0001 3/31/2021 Animal Drug Adverse Event Reporting and Recordkeeping ...... 0910–0284 3/31/2021 Extralabel Drug Use in Animals ...... 0910–0325 3/31/2021 Application for Participation in FDA Fellowship Programs ...... 0910–0780 3/31/2021

Dated: April 3, 2018. Food and Drug Administration, Three plan for submitting stored reports that Leslie Kux, White Flint North, 10A–12M, 11601 were not submitted within regulatory Associate Commissioner for Policy. Landsdown St., North Bethesda, MD timeframes. We estimate that each firm [FR Doc. 2018–07146 Filed 4–6–18; 8:45 am] 20852, 301–796–5733, PRAStaff@ will take approximately 50 hours to BILLING CODE 4164–01–P fda.hhs.gov. prepare the adverse event reporting plan SUPPLEMENTARY INFORMATION: In for its COOP. compliance with 44 U.S.C. 3507, FDA We estimate that approximately 500 DEPARTMENT OF HEALTH AND has submitted the following proposed firms will be unable to fulfill normal HUMAN SERVICES collection of information to OMB for adverse event reporting requirements review and clearance. because of conditions caused by an Food and Drug Administration Guidance for Industry on influenza pandemic and that these firms [Docket No. FDA–2008–D–0610] Postmarketing Adverse Event Reporting will notify the appropriate FDA for Medical Products and Dietary organizational unit responsible for Agency Information Collection adverse event reporting compliance Activities; Submission for Office of Supplements During an Influenza Pandemic when the conditions exist. Although we Management and Budget Review; do not anticipate such pandemic Comment Request; Guidance for OMB Control Number 0910–0701— influenza conditions to occur every Industry on Postmarketing Adverse Extension year, for purposes of the PRA, we Event Reporting for Medical Products This information collection supports estimate that each of these firms will and Dietary Supplements During an the above captioned Agency guidance. notify FDA approximately once each Influenza Pandemic The guidance includes year and that each notification will take AGENCY: Food and Drug Administration, recommendations for planning, approximately 8 hours to prepare and HHS. notification, and documentation for submit. ACTION: Notice. firms that report postmarketing adverse Concerning the recommendation in events. The guidance recommends that the guidance that firms unable to fulfill SUMMARY each firm’s pandemic influenza : The Food and Drug normal adverse event reporting continuity of operations plan (COOP) Administration (FDA) is announcing requirements maintain documentation include instructions for reporting that a proposed collection of of the conditions that prevent them from adverse events, including a plan for the information has been submitted to the meeting these requirements and also submission of stored reports that were Office of Management and Budget maintain records to identify what (OMB) for review and clearance under not submitted within regulatory timeframes. The guidance explains that adverse event reports have been stored the Paperwork Reduction Act of 1995. and when the reporting process is DATES: Fax written comments on the firms that are unable to fulfill normal adverse event reporting requirements restored, we estimate that collection of information by May 9, approximately 500 firms will each need 2018. during an influenza pandemic should: (1) Maintain documentation of the approximately 8 hours to maintain the ADDRESSES: To ensure that comments on conditions that prevent them from documentation and that approximately the information collection are received, meeting normal reporting requirements; 500 firms will each need approximately OMB recommends that written (2) notify the appropriate FDA 8 hours to maintain the records. comments be faxed to the Office of organizational unit responsible for In the Federal Register of October 31, Information and Regulatory Affairs, adverse event reporting compliance 2017 (82 FR 50431) we published a OMB, Attn: FDA Desk Officer, Fax: 202– notice inviting public comment of the _ when the conditions exist and when the 395–7285, or emailed to oira reporting process is restored; and (3) proposed collection of information. [email protected]. All maintain records to identify what Although one comment was received, it comments should be identified with the reports have been stored. did not respond to any of the four OMB control number 0910–0701. Also Based on the number of information collection topics solicited include the FDA docket number found manufacturers that would be covered by in the notice under the PRA. We in brackets in the heading of this the guidance, we estimate that therefore made no changes to our document. approximately 5,000 firms will add the estimate of the burden for the FOR FURTHER INFORMATION CONTACT: following to their COOP: (1) Instructions information collection, which remains Domini Bean, Office of Operations, for reporting adverse events and (2) a as follows:

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15154 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

Notify FDA when normal reporting is not feasible ...... 500 1 500 8 4,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

TABLE 2—ESTIMATED ANNUAL RECORDKEEPING BURDEN 1

Number of Type of recordkeeping Number of records per Total annual Hours per Total hours recordkeepers recordkeeper records record

Add adverse event reporting plan to COOP ...... 5,000 1 5,000 50 250,000 Maintain documentation of influenza pandemic conditions and resultant high absenteeism ...... 500 1 500 8 4,000 Maintain records to identify what reports have been stored and when the reporting process was restored ... 500 1 500 8 4,000

Total ...... 258,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: April 3, 2018. comments should be identified with the FD&C Act by limiting the provision to Leslie Kux, OMB control number 0910–0577. Also reprocessed single-use devices (SUDs) Associate Commissioner for Policy. include the FDA docket number found and the manufacturers who reprocess [FR Doc. 2018–07154 Filed 4–6–18; 8:45 am] in brackets in the heading of this them. Under the amended provision, if BILLING CODE 4164–01–P document. the original SUD or an attachment to it FOR FURTHER INFORMATION CONTACT: prominently and conspicuously bears Amber Sanford, Office of Operations, the name of the manufacturer, then the DEPARTMENT OF HEALTH AND Food and Drug Administration, Three reprocessor of the SUD is required to HUMAN SERVICES White Flint North, 10A–12M, 11601 identify itself by name, abbreviation, or Landsdown St., North Bethesda, MD symbol in a prominent and conspicuous Food and Drug Administration 20852, 301–796–8867, PRAStaff@ manner on the device or attachment to fda.hhs.gov. the device. If the original SUD does not [Docket No. FDA–2011–N–0672] prominently and conspicuously bear the SUPPLEMENTARY INFORMATION: In name of the manufacturer, the Agency Information Collection compliance with 44 U.S.C. 3507, FDA manufacturer who reprocesses the SUD Activities; Submission for Office of has submitted the following proposed for reuse may identify itself using a Management and Budget Review; collection of information to OMB for detachable label that is intended to be Comment Request; Prominent and review and clearance. Conspicuous Mark of Manufacturers affixed to the patient record. on Single-Use Devices Prominent and Conspicuous Mark of The requirements of section 502(u) of Manufacturers on Single-Use Devices the FD&C Act impose a minimal burden AGENCY: Food and Drug Administration, OMB Control Number 0910–0577— on industry. This section of the FD&C HHS. Extension Act only requires the manufacturer, ACTION: Notice. packer, or distributor of a device to Section 502 of the Federal Food, Drug, include their name and address on the and Cosmetic Act (FD&C Act) (21 U.S.C. SUMMARY: The Food and Drug labeling of a device. This information is 352), among other things, establishes Administration (FDA) is announcing readily available to the establishment that a proposed collection of requirements that the label or labeling of a medical device must meet so that it is and easily supplied. From its information has been submitted to the registration and premarket submission Office of Management and Budget not misbranded and subject to regulatory action. Section 301 of the database, FDA estimates that there are (OMB) for review and clearance under 67 establishments that distribute the Paperwork Reduction Act of 1995. Medical Device User Fee and Modernization Act of 2002 (Pub. L. 107– approximately 427 reprocessed SUDs. DATES: Fax written comments on the 250) amended section 502 of the FD&C Each response is anticipated to take 0.1 collection of information by May 9, Act to add section 502(u) to require hours (6 minutes) resulting in a total 2018. devices (both new and reprocessed) to burden to industry of 43 hours. ADDRESSES: To ensure that comments on bear prominently and conspicuously the In the Federal Register of December the information collection are received, name of the manufacturer, a generally 19, 2017 (82 FR 60207), FDA published OMB recommends that written recognized abbreviation of such name, a 60-day notice requesting public comments be faxed to the Office of or a unique and generally recognized comment on the proposed collection of Information and Regulatory Affairs, symbol identifying the manufacturer. information. No comments were OMB, Attn: FDA Desk Officer, Fax: 202– Section 2(c) of the Medical Device received. 395–7285, or emailed to oira_ User Fee Stabilization Act of 2005 (Pub. FDA estimates the burden of this [email protected]. All L. 109–43) amends section 502(u) of the collection of information as follows:

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15155

TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 12

Number of dis- Type of respondent Number of re- closures per Total annual Average burden per dis- Total hours spondents respondent disclosures closure

Establishments listing fewer than 10 SUDs ...... 58 2 116 0.1 (6 minutes) ...... 12 Establishments listing 10 or more SUDs ...... 9 34 306 0.1 (6 minutes) ...... 31

Total ...... 43 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Numbers have been rounded.

The burden for this information 2018. The https://www.regulations.gov identified, as confidential, if submitted collection has not changed since the last electronic filing system will accept as detailed in ‘‘Instructions.’’ OMB approval. comments until midnight Eastern Time Instructions: All submissions received Dated: April 3, 2018. at the end of April 23, 2018. Comments must include the Docket No. FDA– received by mail/hand delivery/courier Leslie Kux, 2018–N–1072 for ‘‘International Drug (for written/paper submissions) will be Associate Commissioner for Policy. Scheduling; Convention on considered timely if they are Psychotropic Substances; Single [FR Doc. 2018–07152 Filed 4–6–18; 8:45 am] postmarked or the delivery service Convention on Narcotic Drugs; Cannabis BILLING CODE 4164–01–P acceptance receipt is on or before that Plant and Resin; Extracts and Tinctures date. of Cannabis; Delta-9- DEPARTMENT OF HEALTH AND Electronic Submissions Tetrahydrocannabinol (THC); HUMAN SERVICES Stereoisomers of THC; Cannabidiol; Submit electronic comments in the Request for Comments.’’ Received following way: comments, those filed in a timely Food and Drug Administration • Federal eRulemaking Portal: manner (see ADDRESSES), will be placed https://www.regulations.gov. Follow the [Docket No. FDA–2018–N–1072] in the docket and, except for those instructions for submitting comments. submitted as ‘‘Confidential International Drug Scheduling; Comments submitted electronically, Submissions,’’ publicly viewable at Convention on Psychotropic including attachments, to https:// https://www.regulations.gov or at the Substances; Single Convention on www.regulations.gov will be posted to Dockets Management Staff between 9 Narcotic Drugs; Cannabis Plant and the docket unchanged. Because your a.m. and 4 p.m., Monday through Resin; Extracts and Tinctures of comment will be made public, you are Cannabis; Delta-9- Friday. solely responsible for ensuring that your • Tetrahydrocannabinol; Stereoisomers comment does not include any Confidential Submissions—To of Tetrahydrocannabinol; Cannabidiol; confidential information that you or a submit a comment with confidential Request for Comments third party may not wish to be posted, information that you do not wish to be such as medical information, your or made publicly available, submit your AGENCY: Food and Drug Administration, anyone else’s Social Security number, or comments only as a written/paper HHS. confidential business information, such submission. You should submit two ACTION: Notice; request for comments. as a manufacturing process. Please note copies total. One copy will include the information you claim to be confidential SUMMARY: The Food and Drug that if you include your name, contact information, or other information that with a heading or cover note that states Administration (FDA) is requesting ‘‘THIS DOCUMENT CONTAINS interested persons to submit comments identifies you in the body of your comments, that information will be CONFIDENTIAL INFORMATION.’’ The concerning abuse potential, actual Agency will review this copy, including abuse, medical usefulness, trafficking, posted on https://www.regulations.gov. • If you want to submit a comment the claimed confidential information, in and impact of scheduling changes on its consideration of comments. The availability for medical use of five drug with confidential information that you do not wish to be made available to the second copy, which will have the substances. These comments will be claimed confidential information considered in preparing a response from public, submit the comment as a written/paper submission and in the redacted/blacked out, will be available the United States to the World Health for public viewing and posted on Organization (WHO) regarding the abuse manner detailed (see ‘‘Written/Paper Submissions’’ and ‘‘Instructions’’). https://www.regulations.gov. Submit liability and diversion of these drugs. both copies to the Dockets Management WHO will use this information to Written/Paper Submissions Staff. If you do not wish your name and consider whether to recommend that Submit written/paper submissions as contact information to be made publicly certain international restrictions be follows: available, you can provide this placed on these drugs. This notice • Mail/Hand delivery/Courier (for information on the cover sheet and not requesting comments is required by the written/paper submissions): Dockets in the body of your comments and you Controlled Substances Act (the CSA). Management Staff (HFA–305), Food and must identify this information as DATES: Submit either electronic or Drug Administration, 5630 Fishers ‘‘confidential.’’ Any information marked written comments by April 23, 2018. Lane, Rm. 1061, Rockville, MD 20852. as ‘‘confidential’’ will not be disclosed ADDRESSES: You may submit comments • For written/paper comments except in accordance with 21 CFR 10.20 as follows. Please note that late, submitted to the Dockets Management and other applicable disclosure law. For untimely filed comments will not be Staff, FDA will post your comment, as more information about FDA’s posting considered. Electronic comments must well as any attachments, except for of comments to public dockets, see 80 be submitted on or before April 23, information submitted, marked and FR 56469, September 18, 2015, or access

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15156 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

the information at: https://www.gpo.gov/ The World Health Organization (WHO) invaluable contribution to the ECDD and all fdsys/pkg/FR-2015-09-18/pdf/2015- presents its compliments to Member States submissions will be treated as confidential. 23389.pdf. and Associate Members and has the pleasure The WHO takes this opportunity to renew of informing that the 40th Expert Committee to Member States and Associate Members the Docket: For access to the docket to on Drug Dependence (ECDD) will meet in assurance of its highest consideration. read background documents or the Geneva from 4 to 8 June 2018. The 40th GENEVA, 30 January 2018 electronic and written/paper comments ECDD will convene in a special session to FDA has verified the website received, go to https:// review cannabis and cannabis-related addresses contained in the WHO notice, www.regulations.gov and insert the substances on their potential to cause as of the date this document publishes docket number, found in brackets in the dependence, abuse and harm to health, and in the Federal Register, but websites are heading of this document, into the potential therapeutic applications. WHO will subject to change over time. Access to ‘‘Search’’ box and follow the prompts make recommendations to the UN Secretary- General on the need for and level of view the WHO questionnaire can be and/or go to the Dockets Management international control of these substances. found at https://www.who.int/ Staff, 5630 Fishers Lane, Rm. 1061, Recommendations made from the 39th medicines/access/controlled- Rockville, MD 20852. meeting can be found on the ECDD website substances/ecdd/en/. FOR FURTHER INFORMATION CONTACT: (https://www.who.int/mason/entity/ James R. Hunter, Center for Drug medicines/news/2017/letter-DG- III. Substances Under WHO Review 39thECDDrecommendations.pdf?ua=1). WHO will convene in a special Evaluation and Research, Controlled At its 126th session in January 2010, the Substance Staff, Food and Drug Executive Board approved the publication session to review the following Administration, 10903 New Hampshire ‘‘Guidance on the WHO review of substances: Cannabis plant and resin; Ave., Bldg. 51, Rm. 5150, Silver Spring, psychoactive substances for international extracts and tinctures of cannabis; delta- MD 20993–0002, 301–796–3156, email: control’’ (EB126/2010/REC1, Annex 6) which 9-tetrahydrocannabinol (THC; [email protected]. requires the Secretariat to request relevant stereoisomers of THC; and cannabidiol information from Ministers of Health in (CBD). SUPPLEMENTARY INFORMATION: Member States to prepare a report for The Committee from the 37th ECDD I. Background submission to the ECDD. For this purpose, a requested that Secretariat begin questionnaire was designed to gather collecting data towards a pre-review of The United States is a party to the information on the legitimate use, harmful cannabis, cannabis resin, extracts, and use, status of national control and potential 1971 Convention on Psychotropic tinctures of cannabis at a future Substances (Psychotropic Convention). impact of international control for each substance under evaluation. Member States meeting. Subsequent to this request, Article 2 of the Psychotropic WHO commissioned two updates on the Convention provides that if a party to are invited to collaborate, as in the past, in this process by providing pertinent scientific literature for cannabis and the convention or WHO has information information as requested in the questionnaire cannabis resin, which were prepared about a substance, which in its opinion and concerning substances under review. and presented to the 38th ECDD. That may require international control or It would be appreciated if a person from Committee noted that the current change in such control, it shall so notify the Ministry of Health could be designated as Schedule I under the 1961 Convention the Secretary-General of the United the focal point responsible for coordinating groups together cannabis and cannabis answers to the questionnaires. A list of focal Nations (the U.N. Secretary-General) resin, extracts, and tinctures of and provide the U.N. Secretary-General points designated by Member States for the 39th ECDD in November 2017 is attached. It cannabis, that cannabis plant and with information in support of its cannabis resin are also in Schedule IV opinion. is requested that if a focal point’s contact details including email address are to be of the 1961 Convention, that there are Paragraph (d)(2)(A) of the CSA (21 added or amended, that Member States natural and synthetic cannabinoids in U.S.C. 811) (Title II of the inform the Secretariat by 26 February 2018. Schedule I and Schedule II of the 1971 Comprehensive Drug Abuse Prevention Any additions or amendments to focal point Convention, and that cannabis had and Control Act of 1970) provides that designations should be emailed to never been subject to pre-review or when WHO notifies the United States [email protected]. critical review by the ECDD. The under Article 2 of the Psychotropic If no additions or amendments to focal point details are made by this date, the focal Committee also noted an increase in the Convention that it has information that use of cannabis and its components for may justify adding a drug or other point from 2017 will be approached by the Secretariat for questionnaire completion. medical purposes and the emergence of substances to one of the schedules of the Where there is a competent National new cannabis-related pharmaceutical Psychotropic Convention, transferring a Authority under the International Drug preparations for therapeutic use. From drug or substance from one schedule to Control Treaties, it is kindly requested that this review, the 38th ECDD Committee another, or deleting it from the the questionnaires be completed in recommended that preparations be schedules, the Secretary of State must collaboration with such body. made to conduct pre-reviews at a future transmit the notice to the Secretary of Once the Secretariat has received the meeting dedicated to the following Health and Human Services (Secretary contact details, focal points will be given further instructions and direct access to an substances: Cannabis plant and of HHS). The Secretary of HHS must cannabis resin, extracts and tinctures of then publish the notice in the Federal online questionnaire. The questionnaires will be analysed by the Secretariat and prepared cannabis, THC, CBD, and stereoisomers Register and provide opportunity for as a report that will be published on the of THC. An excerpt from the report of interested persons to submit comments ECDD website (https://www.who.int/ the 38th ECDD stated that the purpose that will be considered by HHS in its medicines/access/controlled-substances/ of the pre-review was to determine preparation of the scientific and medical ecdd/en/) prior to the 40th ECDD meeting. whether current information justifies an evaluations of the drug or substance. The provisional agenda for the meeting will Expert Committee critical review. They also be made available in advance on the noted that the categories of information II. WHO Notification ECDD website. Member States are also encouraged to for evaluating substances in pre-reviews The Secretary of HHS received the are identical to those used in critical following notice from WHO (non- provide any additional relevant information (unpublished or published) that is available reviews and that the pre-review is a relevant text removed): on these substances to: ecddsecretariat@ preliminary analysis, and findings Ref.: C.L.2.2018 who.int. This information will be an should not determine whether the

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15157

control status of a substance should be IV. Opportunity To Submit Domestic During Development of Systemic changed. Information Drugs.’’ This draft guidance addresses Cannabis, also known as marijuana, As required by paragraph (d)(2)(A) of FDA’s current thinking about the refers to the dried leaves, flowers, stems, the CSA, FDA, on behalf of HHS, invites relevant age groups to study and how and seeds from the Cannabis sativa or interested persons to submit comments early in the drug development pediatric patients should be incorporated during Cannabis indica plant. It is a complex regarding the five drug substances. Any development of systemic drugs for plant substance containing multiple comments received will be considered atopic dermatitis (AD). cannabinoids and other compounds, by HHS when it prepares a scientific including the psychoactive chemical and medical evaluation of these drug DATES: Submit either electronic or THC and other structurally similar substances, responsive to the WHO written comments on the draft guidance by June 8, 2018 to ensure that the compounds. Cannabinoids are defined Questionnaire request for these drug Agency considers your comment on this as having activity at cannabinoid 1 and substances. HHS will forward such draft guidance before it begins work on 2 (CB1 and CB2 respectively) receptors. evaluation of these drug substances to WHO, for WHO’s consideration in the final version of the guidance. Agonists of CB1 receptors are widely deciding whether to recommend ADDRESSES: abused and are known to modulate You may submit comments international control/decontrol of any of on any guidance at any time as follows: motor coordination, memory processing, these drug substances. Such control pain, and inflammation, and have could limit, among other things, the Electronic Submissions anxiolytic effects. Marijuana is the most manufacture and distribution (import/ Submit electronic comments in the commonly used illicit drug in the export) of these drug substances and following way: United States. could impose certain recordkeeping • Federal eRulemaking Portal: The principal cannabinoids in the requirements on them. https://www.regulations.gov. Follow the cannabis plant include THC, CBD, and Although FDA is, through this notice, instructions for submitting comments. cannabinol. FDA has not approved any requesting comments from interested Comments submitted electronically, product containing or derived from persons, which will be considered by including attachments, to https:// botanical marijuana for any indication. HHS when it prepares an evaluation of www.regulations.gov will be posted to These substances are controlled in these drug substances, HHS will not the docket unchanged. Because your Schedule I under the CSA. Synthetic now make any recommendations to comment will be made public, you are THC (dronabinol) is the active WHO regarding whether any of these solely responsible for ensuring that your ingredient in two approved drug drugs should be subjected to comment does not include any products in the United States, international controls. Instead, HHS will confidential information that you or a MARINOL capsules (and generics) and defer such consideration until WHO has third party may not wish to be posted, SYNDROS oral solution. MARINOL is made official recommendations to the such as medical information, your or controlled in Schedule III, while Commission on Narcotic Drugs, which anyone else’s Social Security number, or SYNDROS is controlled in Schedule II are expected to be made in mid-2018. confidential business information, such Any HHS position regarding under the CSA. Both MARINOL and as a manufacturing process. Please note international control of these drug SYNDROS are approved to treat that if you include your name, contact substances will be preceded by another information, or other information that anorexia associated with weight loss in Federal Register notice soliciting public identifies you in the body of your patients with acquired comments, as required by paragraph comments, that information will be immunodeficiency syndrome (AIDS), (d)(2)(B) of the CSA. posted on https://www.regulations.gov. and nausea and vomiting associated • If you want to submit a comment with cancer chemotherapy in patients Dated: April 4, 2018. Leslie Kux, with confidential information that you who have failed to respond adequately do not wish to be made available to the Associate Commissioner for Policy. to conventional treatment. public, submit the comment as a CBD is another cannabinoid identified [FR Doc. 2018–07225 Filed 4–6–18; 8:45 am] written/paper submission and in the in cannabis. CBD has been tested in BILLING CODE 4164–01–P manner detailed (see ‘‘Written/Paper experimental animal and laboratory Submissions’’ and ‘‘Instructions’’). models of several neurological DEPARTMENT OF HEALTH AND Written/Paper Submissions disorders, including those of seizure HUMAN SERVICES and epilepsy. In the United States, CBD- Submit written/paper submissions as containing products are in human follows: Food and Drug Administration • clinical testing in several therapeutic Mail/Hand delivery/Courier (for [Docket No. FDA–2018–D–1175] areas, but no such products have written/paper submissions): Dockets Management Staff (HFA–305), Food and marketing approval by FDA for any Atopic Dermatitis: Timing of Pediatric medical purposes in the United States. Drug Administration, 5630 Fishers Studies During Development of Lane, Rm. 1061, Rockville, MD 20852. CBD is controlled as a Schedule I Systemic Drugs; Draft Guidance for • substance under the CSA. CBD is not For written/paper comments Industry; Availability submitted to the Dockets Management specifically listed in the schedules of Staff, FDA will post your comment, as the 1961, 1971, or 1988 International AGENCY: Food and Drug Administration, well as any attachments, except for Drug Control conventions. HHS. ACTION: Notice of availability. information submitted, marked and At the 39th (2017) meeting of the identified, as confidential, if submitted ECDD, the committee pre-reviewed CBD SUMMARY: The Food and Drug as detailed in ‘‘Instructions.’’ and recommended that extracts or Administration (FDA or Agency) is Instructions: All submissions received preparations containing almost announcing the availability of a draft must include the Docket No. FDA– exclusively CBD be subject to critical guidance for industry entitled ‘‘Atopic 2018–D–1175 for ‘‘Atopic Dermatitis: review at the 40th ECDD meeting. Dermatitis: Timing of Pediatric Studies Timing of Pediatric Studies During

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15158 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Development of Systemic Drugs; Draft Biologics Evaluation and Research, DEPARTMENT OF HEALTH AND Guidance for Industry; Availability.’’ Food and Drug Administration, 10903 HUMAN SERVICES Received comments will be placed in New Hampshire Ave., Bldg. 71, Rm. the docket and, except for those 3128, Silver Spring, MD 20993–0002. Food and Drug Administration submitted as ‘‘Confidential Send one self-addressed adhesive label [Docket No. FDA–2014–N–1414] Submissions,’’ publicly viewable at to assist that office in processing your https://www.regulations.gov or at the requests. See the SUPPLEMENTARY Agency Information Collection Dockets Management Staff between 9 INFORMATION section for electronic Activities; Submission for Office of a.m. and 4 p.m., Monday through access to the draft guidance document. Management and Budget Review; Friday. Comment Request; Class II Special • FOR FURTHER INFORMATION CONTACT: Confidential Submissions—To Controls Guidance Document: Dawn Williams, Center for Drug submit a comment with confidential Labeling Natural Rubber Latex Evaluation and Research, Food and information that you do not wish to be Condoms made publicly available, submit your Drug Administration, 10903 New comments only as a written/paper Hampshire Ave., Bldg. 22, Rm. 5168, AGENCY: Food and Drug Administration, submission. You should submit two Silver Spring, MD 20993–0002, 301– HHS. copies total. One copy will include the 796–5376; or Stephen Ripley, Center for ACTION: Notice. information you claim to be confidential Biologics Evaluation and Research, with a heading or cover note that states Food and Drug Administration, 10903 SUMMARY: The Food and Drug ‘‘THIS DOCUMENT CONTAINS New Hampshire Ave., Bldg. 71, Rm. Administration (FDA) is announcing CONFIDENTIAL INFORMATION.’’ The 7301, Silver Spring, MD 20993–0002, that a proposed collection of Agency will review this copy, including 240–402–7911. information has been submitted to the the claimed confidential information, in Office of Management and Budget SUPPLEMENTARY INFORMATION: its consideration of comments. The (OMB) for review and clearance under second copy, which will have the I. Background the Paperwork Reduction Act of 1995 claimed confidential information (PRA). redacted/blacked out, will be available FDA is announcing the availability of DATES: Fax written comments on the for public viewing and posted on a draft guidance for industry entitled collection of information by May 9, https://www.regulations.gov. Submit ‘‘Atopic Dermatitis: Timing of Pediatric 2018. both copies to the Dockets Management Studies During Development of ADDRESSES: To ensure that comments on Staff. If you do not wish your name and Systemic Drugs.’’ This draft guidance contact information to be made publicly addresses FDA’s current thinking about the information collection are received, available, you can provide this the relevant age groups to study and OMB recommends that written information on the cover sheet and not how early in the drug development comments be faxed to the Office of in the body of your comments and you pediatric patients should be Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202– must identify this information as incorporated during development of _ ‘‘confidential.’’ Any information marked systemic drugs for AD. 395–7285, or emailed to oira as ‘‘confidential’’ will not be disclosed [email protected]. All This draft guidance is being issued comments should be identified with the except in accordance with 21 CFR 10.20 consistent with FDA’s good guidance and other applicable disclosure law. For OMB control number 0910–0633. Also practices regulation (21 CFR 10.115). include the FDA docket number found more information about FDA’s posting The draft guidance, when finalized, will of comments to public dockets, see 80 in brackets in the heading of this represent the current thinking of FDA document. FR 56469, September 18, 2015, or access on the timing of pediatric studies during the information at: https://www.gpo.gov/ development of systemic drugs for FOR FURTHER INFORMATION CONTACT: fdsys/pkg/FR-2015-09-18/pdf/2015- atopic dermatitis. It does not establish Amber Sanford, Office of Operations, 23389.pdf. any rights for any person and is not Food and Drug Administration, Three Docket: For access to the docket to binding on FDA or the public. You can White Flint North, 10A–12M, 11601 read background documents or the use an alternative approach if it satisfies Landsdown St., North Bethesda, MD electronic and written/paper comments the requirements of the applicable 20852, 301–796–8867, PRAStaff@ received, go to https:// statutes and regulations. This guidance fda.hhs.gov. www.regulations.gov and insert the is not subject to Executive Order 12866. SUPPLEMENTARY INFORMATION: In docket number, found in brackets in the compliance with 44 U.S.C. 3507, FDA heading of this document, into the II. Electronic Access has submitted the following proposed ‘‘Search’’ box and follow the prompts collection of information to OMB for and/or go to the Dockets Management Persons with access to the internet review and clearance. Staff, 5630 Fishers Lane, Rm. 1061, may obtain the draft guidance at https:// Rockville, MD 20852. www.fda.gov/Drugs/Guidance Class II Special Controls Guidance You may submit comments on any ComplianceRegulatoryInformation/ Document: Labeling for Natural Rubber guidance at any time (see 21 CFR Guidances/default.htm, https:// Latex Condoms—21 CFR 884.5300 10.115(g)(5)). www.fda.gov/BiologicsBloodVaccines/ Submit written requests for single GuidanceComplianceRegulatory OMB Control Number 0910–0633— copies of the draft guidance to the Information/default.htm, or https:// Extension Division of Drug Information, Center for www.regulations.gov. Under the Medical Device Drug Evaluation and Research, Food Dated: April 2, 2018. Amendments of 1976 (Pub. L. 94–295), and Drug Administration, 10001 New class II devices were defined as those Hampshire Ave., Hillandale Building, Leslie Kux, devices for which there was insufficient 4th Floor, Silver Spring, MD 20993– Associate Commissioner for Policy. information to show that general 0002, or Office of Communication, [FR Doc. 2018–07150 Filed 4–6–18; 8:45 am] controls themselves would provide a Outreach, and Development, Center for BILLING CODE 4164–01–P reasonable assurance of safety and

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15159

effectiveness but for which there was condom users, including the extent of The special controls guidance sufficient information to establish protection provided by condoms against document also refers to previously performance standards to provide such various types of sexually transmitted approved collections of information assurance. Accordingly, FDA has diseases. found in FDA regulations. The established the above captioned Special Respondents to this collection of collections of information in 21 CFR Controls Guidance Document regarding information are manufacturers and part 801 have been approved under the labeling of natural rubber latex repackagers of male condoms made of OMB control number 0910–0485; the condoms. natural rubber latex without spermicidal collections of information in 21 CFR Condoms without spermicidal lubricant. FDA expects approximately part 807, subpart E have been approved lubricant containing nonoxynol 9 are five new manufacturers or repackagers under OMB control number 0910–0120; classified in class II. They were to enter the market yearly and to and the collections of information in 21 originally classified before the collectively have a third-party CFR part 820 have been approved under enactment of provisions of the Safe disclosure burden of 60 hours. The OMB control number 0910–0073. Medical Devices Act of 1990 (Pub. L. number of respondents cited in table 1 The collection of information under 101–629), which broadened the is based on FDA’s database of premarket 21 CFR 801.437 does not constitute a definition of class II devices and now submissions and the electronic ‘‘collection of information’’ under the permits FDA to establish special registration and listing database. The PRA. Rather, it is a ‘‘public disclosure controls beyond performance standards, average burden per disclosure was of information originally supplied by including guidance documents, to help derived from a study performed for FDA the Federal Government to the recipient provide reasonable assurance of the by Eastern Research Group, Inc., an for the purpose of disclosure to the safety and effectiveness of such devices. economic consulting firm, to estimate public’’ (5 CFR 1320.3(c)(2)). In December 2000, Congress enacted the impact of the 1999 over-the-counter In the Federal Register of November Public Law 106–554, which directed (OTC) human drug labeling 9, 2017 (82 FR 52056) FDA published a FDA to ‘‘reexamine existing condom requirements final rule (64 FR 13254, 60-day notice requesting public labels’’ and ‘‘determine whether the March 17, 1999). Because the packaging comment on the proposed collection of labels are medically accurate regarding requirements for condoms are similar to information. No comments were the overall effectiveness or lack of those of many OTC drugs, we believe received in response to the notice. effectiveness in preventing sexually the burden to design the labeling for We therefore retain the currently transmitted diseases. . . .’’ In response, OTC drugs is an appropriate proxy for approved burden estimate for the FDA recommended labeling intended to the estimated burden to design condom information collection, which is as provide important information for labeling. follows:

TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1

Number of Number of disclosures Total annual Average Activity respondents per disclosures burden per Total hours respondent disclosure

Class II Special Controls Guidance Document: Labeling for Natural Rubber Latex Condoms Classified Under 21 CFR 884.5300 ...... 5 1 5 12 60 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Dated: April 3, 2018. DEPARTMENT OF HEALTH AND certain information by the Agency. Leslie Kux, HUMAN SERVICES Under the Paperwork Reduction Act of Associate Commissioner for Policy. 1995 (PRA), Federal Agencies are Food and Drug Administration [FR Doc. 2018–07153 Filed 4–6–18; 8:45 am] required to publish notice in the [Docket No. FDA–2018–N–1011] Federal Register concerning each BILLING CODE 4164–01–P proposed collection of information, Agency Information Collection including each proposed extension of an Activities; Proposed Collection; existing collection of information, and Comment Request; Petition To to allow 60 days for public comment in Request an Exemption From 100 response to the notice. This notice Percent Identity Testing of Dietary solicits comments on reporting Ingredients: Current Good requirements contained in existing FDA Manufacturing Practice in regulations governing petitions to Manufacturing, Packaging, Labeling, or request an exemption from 100 percent Holding Operations for Dietary identity testing of dietary ingredients. Supplements DATES: Submit either electronic or written comments on the collection of AGENCY: Food and Drug Administration, HHS. information by June 8, 2018. ADDRESSES: ACTION: Notice. You may submit comments as follows. Please note that late, SUMMARY: The Food and Drug untimely filed comments will not be Administration (FDA or Agency) is considered. Electronic comments must announcing an opportunity for public be submitted on or before June 8, 2018. comment on the proposed collection of The https://www.regulations.gov

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15160 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

electronic filing system will accept ‘‘Confidential Submissions,’’ publicly or requirements that members of the comments until midnight Eastern Time viewable at https://www.regulations.gov public submit reports, keep records, or at the end of June 8, 2018. Comments or at the Dockets Management Staff provide information to a third party. received by mail/hand delivery/courier between 9 a.m. and 4 p.m., Monday Section 3506(c)(2)(A) of the PRA (44 (for written/paper submissions) will be through Friday. U.S.C. 3506(c)(2)(A)) requires Federal considered timely if they are • Confidential Submissions—To Agencies to provide a 60-day notice in postmarked or the delivery service submit a comment with confidential the Federal Register concerning each acceptance receipt is on or before that information that you do not wish to be proposed collection of information, date. made publicly available, submit your including each proposed extension of an comments only as a written/paper existing collection of information, Electronic Submissions submission. You should submit two before submitting the collection to OMB Submit electronic comments in the copies total. One copy will include the for approval. To comply with this following way: information you claim to be confidential requirement, FDA is publishing notice • Federal eRulemaking Portal: with a heading or cover note that states of the proposed collection of https://www.regulations.gov. Follow the ‘‘THIS DOCUMENT CONTAINS information set forth in this document. instructions for submitting comments. CONFIDENTIAL INFORMATION.’’ The With respect to the following Comments submitted electronically, Agency will review this copy, including collection of information, FDA invites including attachments, to https:// the claimed confidential information, in comments on these topics: (1) Whether www.regulations.gov will be posted to its consideration of comments. The the proposed collection of information the docket unchanged. Because your second copy, which will have the is necessary for the proper performance comment will be made public, you are claimed confidential information of FDA’s functions, including whether solely responsible for ensuring that your redacted/blacked out, will be available the information will have practical comment does not include any for public viewing and posted on utility; (2) the accuracy of FDA’s confidential information that you or a https://www.regulations.gov. Submit estimate of the burden of the proposed third party may not wish to be posted, both copies to the Dockets Management collection of information, including the such as medical information, your or Staff. If you do not wish your name and validity of the methodology and anyone else’s Social Security number, or contact information to be made publicly assumptions used; (3) ways to enhance confidential business information, such available, you can provide this the quality, utility, and clarity of the as a manufacturing process. Please note information on the cover sheet and not information to be collected; and (4) that if you include your name, contact in the body of your comments and you ways to minimize the burden of the information, or other information that must identify this information as collection of information on identifies you in the body of your ‘‘confidential.’’ Any information marked respondents, including through the use comments, that information will be as ‘‘confidential’’ will not be disclosed of automated collection techniques, posted on https://www.regulations.gov. except in accordance with 21 CFR 10.20 when appropriate, and other forms of • If you want to submit a comment and other applicable disclosure law. For information technology. with confidential information that you more information about FDA’s posting do not wish to be made available to the of comments to public dockets, see 80 Petition To Request an Exemption From public, submit the comment as a FR 56469, September 18, 2015, or access 100 Percent Identity Testing of Dietary written/paper submission and in the the information at: https://www.gpo.gov/ Ingredients: Current Good manner detailed (see ‘‘Written/Paper fdsys/pkg/FR-2015-09-18/pdf/2015- Manufacturing Practice in Submissions’’ and ‘‘Instructions’’). 23389.pdf. Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Written/Paper Submissions Docket: For access to the docket to read background documents or the Supplements—21 CFR 111.75(a)(1)(ii) Submit written/paper submissions as electronic and written/paper comments OMB Control Number 0910–0608— follows: • received, go to https:// Extension Mail/Hand delivery/Courier (for www.regulations.gov and insert the This information collection supports written/paper submissions): Dockets docket number, found in brackets in the Agency regulations. The Dietary Management Staff (HFA–305), Food and heading of this document, into the Supplement Health and Education Act Drug Administration, 5630 Fishers ‘‘Search’’ box and follow the prompts (Pub. L. 103–417) added section 402(g) Lane, Rm. 1061, Rockville, MD 20852. and/or go to the Dockets Management • For written/paper comments of the Federal Food, Drug, and Cosmetic Staff, 5630 Fishers Lane, Rm. 1061, submitted to the Dockets Management Act (FD&C Act) (21 U.S.C. 342(g)), Rockville, MD 20852. Staff, FDA will post your comment, as which provides, in part, that the well as any attachments, except for FOR FURTHER INFORMATION CONTACT: Ila Secretary of Health and Human Services information submitted, marked and S. Mizrachi, Office of Operations, Food may, by regulation, prescribe good identified, as confidential, if submitted and Drug Administration, Three White manufacturing practices for dietary as detailed in ‘‘Instructions.’’ Flint North, 10A–12M, 11601 supplements. Section 402(g)(1) of the Instructions: All submissions received Landsdown St., North Bethesda, MD FD&C Act states that a dietary must include the Docket No. FDA– 20852, 301–796–7726, PRAStaff@ supplement is adulterated if it has been 2018–N–1011 for ‘‘Petition to Request fda.hhs.gov. prepared, packed, or held under the an Exemption From 100 Percent Identity SUPPLEMENTARY INFORMATION: Under the types of conditions that do not meet Testing of Dietary Ingredients: Current PRA (44 U.S.C. 3501–3520), Federal current good manufacturing practice Good Manufacturing Practice in Agencies must obtain approval from the regulations. Section 701(a) of the FD&C Manufacturing, Packaging, Labeling, or Office of Management and Budget Act (21 U.S.C. 371(a)) gives us the Holding Operations for Dietary (OMB) for each collection of authority to issue regulations for the Supplements.’’ Received comments, information they conduct or sponsor. efficient enforcement of the FD&C Act. those filed in a timely manner (see ‘‘Collection of information’’ is defined Part 111 (21 CFR part 111) establishes ADDRESSES), will be placed in the docket in 44 U.S.C. 3502(3) and 5 CFR the minimum current good and, except for those submitted as 1320.3(c) and includes Agency requests manufacturing practice (CGMP)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15161

necessary for activities related to the assurance provided by 100 percent frequency, we added to § 111.75(a)(1), manufacturing, packaging, labeling, or identity testing, the identity of the an exemption from the requirement of holding dietary supplements to ensure dietary ingredient before use. 100 percent identity testing when a the quality of the dietary supplement. Section 111.75(a)(1) reflects our manufacturer petitions the Agency for Section 111.75(a)(1) of our regulations determination that manufacturers that such an exemption to 100 percent (21 CFR 111.75(a)(1)) establishes a test or examine 100 percent of the identity testing under 21 CFR 10.30 and procedure for a petition to request an incoming dietary ingredients for the Agency grants such exemption. exemption from 100 percent identity identity can be assured of the identity Such a procedure would be consistent testing of dietary ingredients. Under of the ingredient. However, we with our stated goal, as described in the § 111.75(a)(1)(ii), manufacturers may recognize that it may be possible for a CGMP final rule, of providing flexibility request an exemption from the manufacturer to demonstrate, through in the CGMP requirements. Section requirements set forth in various methods and processes in use 111.75(a)(1)(ii) sets forth the § 111.75(a)(1)(i) when the dietary over time for its particular operation, information a manufacturer is required ingredient is obtained from one or more that a system of less than 100 percent to submit in such a petition. The suppliers identified in the petition. The identity testing would result in no regulation also contains a requirement regulation clarifies that we are willing to material diminution of assurance of the to ensure that the manufacturer keeps consider, on a case-by-case basis, a identity of the dietary ingredient as our response to a petition submitted manufacturer’s conclusion, supported compared to the assurance provided by under § 111.75(a)(1)(ii) as a record by appropriate data and information in 100 percent identity testing. To provide under § 111.95 (21 CFR 111.95). The the petition submission, that it has an opportunity for a manufacturer to collection of information in § 111.95 has developed a system that it would make such a showing and reduce the been approved under OMB control implement as a sound, consistent means frequency of identity testing of number 0910–0606. of establishing, with no material components that are dietary ingredients FDA estimates the burden of this diminution of assurance compared to from 100 percent to some lower collection of information as follows:

TABLE 1—ESTIMATED ANNUAL REPORTING BURDEN 1

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

111.75(a)(1)(ii); Determining whether specifications are met ...... 1 1 1 8 8 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

Since OMB’s last approval of the DEPARTMENT OF HEALTH AND by June 8, 2018 to ensure that the information collection, we have HUMAN SERVICES Agency considers your comment on this received no petitions. We therefore draft guidance before it begins work on retain the currently approved estimated Food and Drug Administration the final version of the guidance. burden, which assumes no more than [Docket No. FDA–2018–D–1201] ADDRESSES: You may submit comments one petition will be submitted annually. on any guidance at any time as follows: We further assume it would take Pregnant Women: Scientific and Electronic Submissions respondents 8 hours to prepare the Ethical Considerations for Inclusion in factual and legal information necessary Clinical Trials; Draft Guidance; Submit electronic comments in the to support a petition for exemption and Availability following way: • to prepare the petition, for a total of 8 Federal eRulemaking Portal: AGENCY: Food and Drug Administration, burden hours annually. These figures https://www.regulations.gov. Follow the HHS. are based on our experience with the instructions for submitting comments. ACTION Comments submitted electronically, information collection. : Notice of availability. including attachments, to https:// Dated: April 3, 2018. SUMMARY: The Food and Drug www.regulations.gov will be posted to Leslie Kux, Administration (FDA or Agency) is the docket unchanged. Because your Associate Commissioner for Policy. announcing the availability of a draft comment will be made public, you are guidance for industry entitled ‘‘Pregnant [FR Doc. 2018–07156 Filed 4–6–18; 8:45 am] solely responsible for ensuring that your Women: Scientific and Ethical comment does not include any BILLING CODE 4164–01–P Considerations for Inclusion in Clinical confidential information that you or a Trials.’’ This draft guidance discusses third party may not wish to be posted, the ethical and scientific issues when such as medical information, your or considering the inclusion of pregnant anyone else’s Social Security number, or women in clinical trials of drugs and confidential business information, such biological products. This draft guidance as a manufacturing process. Please note is intended to advance scientific that if you include your name, contact research in pregnant women, and information, or other information that discusses issues that should be identifies you in the body of your considered within the framework of comments, that information will be human subject protection regulations. posted on https://www.regulations.gov. DATES: Submit either electronic or • If you want to submit a comment written comments on the draft guidance with confidential information that you

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15162 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- biological products. This draft guidance public, submit the comment as a 23389.pdf. is intended to advance scientific written/paper submission and in the Docket: For access to the docket to research in pregnant women, and manner detailed (see ‘‘Written/Paper read background documents or the discusses issues that should be Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments considered within the framework of received, go to https:// human subject protection regulations. Written/Paper Submissions www.regulations.gov and insert the This draft guidance is being issued Submit written/paper submissions as docket number, found in brackets in the consistent with FDA’s good guidance follows: heading of this document, into the practices regulation (21 CFR 10.115). • Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts The draft guidance, when finalized, will written/paper submissions): Dockets and/or go to the Dockets Management represent the current thinking of FDA Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, on scientific and ethical considerations Drug Administration, 5630 Fishers Rockville, MD 20852. for inclusion of pregnant women in Lane, Rm. 1061, Rockville, MD 20852. You may submit comments on any clinical trials. It does not establish any • For written/paper comments guidance at any time (see 21 CFR rights for any person and is not binding submitted to the Dockets Management 10.115(g)(5)). on FDA or the public. You can use an Staff, FDA will post your comment, as Submit written requests for single alternative approach if it satisfies the well as any attachments, except for copies of the draft guidance to the requirements of the applicable statutes information submitted, marked and Division of Drug Information, Center for and regulations. This guidance is not identified, as confidential, if submitted Drug Evaluation and Research, Food subject to Executive Order 12866. and Drug Administration, 10001 New as detailed in ‘‘Instructions.’’ II. Electronic Access Instructions: All submissions received Hampshire Ave., Hillandale Building, must include the Docket No. FDA– 4th Floor, Silver Spring, MD 20993– Persons with access to the internet 2018–D–1201 for ‘‘Pregnant Women: 0002. Send one self-addressed adhesive may obtain the draft guidance at either Scientific and Ethical Considerations for label to assist that office in processing https://www.fda.gov/Drugs/Guidance Inclusion in Clinical Trials; Draft your requests. See the SUPPLEMENTARY ComplianceRegulatoryInformation/ Guidance; Availability.’’ Received INFORMATION section for electronic Guidances/default.htm or https:// comments will be placed in the docket access to the draft guidance document. www.regulations.gov. and, except for those submitted as FOR FURTHER INFORMATION CONTACT: Dated: April 3, 2018. ‘‘Confidential Submissions,’’ publicly Denise Johnson-Lyles, Center for Drug Leslie Kux, viewable at https://www.regulations.gov Evaluation and Research, Food and Associate Commissioner for Policy. or at the Dockets Management Staff Drug Administration, 10903 New [FR Doc. 2018–07151 Filed 4–6–18; 8:45 am] between 9 a.m. and 4 p.m., Monday Hampshire Ave., Bldg. 22, Rm. 6469, BILLING CODE 4164–01–P through Friday. Silver Spring, MD 20993, 301–796– • Confidential Submissions—To 6169. submit a comment with confidential SUPPLEMENTARY INFORMATION: DEPARTMENT OF HEALTH AND information that you do not wish to be HUMAN SERVICES made publicly available, submit your I. Background comments only as a written/paper FDA is announcing the availability of Health Resources and Services submission. You should submit two a draft guidance for industry entitled Administration copies total. One copy will include the ‘‘Pregnant Women: Scientific and Agency Information Collection information you claim to be confidential Ethical Considerations for Inclusion in Activities: Submission to OMB for with a heading or cover note that states Clinical Trials.’’ Currently, collection of Review and Approval; Public Comment ‘‘THIS DOCUMENT CONTAINS safety data on prescription drugs and Request; NURSE Corps Loan CONFIDENTIAL INFORMATION.’’ The biological products used during Repayment Program, OMB #0915– Agency will review this copy, including pregnancy usually occurs after approval, 0140—Revision the claimed confidential information, in and clinicians and patients must its consideration of comments. The undertake a risk-benefit analysis for the AGENCY: Health Resources and Services second copy, which will have the use of such products in pregnant Administration (HRSA), Department of claimed confidential information women with limited human safety Health and Human Services. redacted/blacked out, will be available information. Historically, pregnant ACTION: Notice. for public viewing and posted on women have been an understudied https://www.regulations.gov. Submit population and there have been barriers SUMMARY: In compliance with the both copies to the Dockets Management to obtaining data from pregnant women Paperwork Reduction Act of 1995, Staff. If you do not wish your name and in clinical trials, including concerns HRSA has submitted an Information contact information to be made publicly about protecting women and their Collection Request (ICR) to the Office of available, you can provide this fetuses from research-related risks. Management and Budget (OMB) for information on the cover sheet and not However, data are needed to inform safe review and approval. Comments in the body of your comments and you and effective treatment during submitted during the first public review must identify this information as pregnancy, and in certain situations, it of this ICR will be provided to OMB. ‘‘confidential.’’ Any information marked is ethically and scientifically OMB will accept further comments from as ‘‘confidential’’ will not be disclosed appropriate to collect data in pregnant the public during the review and except in accordance with 21 CFR 10.20 women in clinical trials conducted approval period. and other applicable disclosure law. For during drug development. DATES: Comments on this ICR should be more information about FDA’s posting This draft guidance discusses the received no later than May 9, 2018. of comments to public dockets, see 80 ethical and scientific issues when ADDRESSES: Submit your comments, FR 56469, September 18, 2015, or access considering the inclusion of pregnant including the ICR Title, to the desk the information at: https://www.gpo.gov/ women in clinical trials of drugs and officer for HRSA, either by email to

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15163

[email protected] or by public or private nonprofit Critical determine if nurse faculty participants fax to 202–395–5806. Shortage Facility (CSF) or in an eligible, are eligible to transfer to another FOR FURTHER INFORMATION CONTACT: To accredited school of nursing. approved accredited school of nursing. request a copy of the clearance requests Need and Proposed Use of the Likely Respondents: Professional RNs submitted to OMB for review, email Lisa Information: The need and purpose of or advanced practice RNs who are Wright-Solomon, the HRSA Information this information collection is to obtain interested in participating in the NURSE Collection Clearance Officer at information for NURSE Corps LRP Corps LRP, and official representatives [email protected] or call (301) 443– applicants and participants. HRSA uses at their service sites. this information to consider an 1984. Burden Statement: Burden in this applicant for a NURSE Corps LRP SUPPLEMENTARY INFORMATION: context means the time expended by contract award and to monitor a Information Collection Request Title: persons to generate, maintain, retain, participant’s compliance with the NURSE Corps Loan Repayment Program disclose or provide the information service requirements. Individuals must OMB No. 0915–0140—Revision. requested. This includes the time submit an application in order to Abstract: The NURSE Corps Loan needed to review instructions; to participate in the program. The Repayment Program (NURSE Corps develop, acquire, install and utilize application asks for personal, LRP) assists in the recruitment and technology and systems for the purpose retention of professional Registered professional, educational, and financial of collecting, validating and verifying Nurses (RNs), including advanced information required to determine the information, processing and practice RNs (i.e., nurse practitioners, applicant’s eligibility to participate in maintaining information, and disclosing certified registered nurse anesthetists, the NURSE Corps LRP. The semi-annual and providing information; to train certified nurse-midwives, and clinical employment verification form asks for personnel and to be able to respond to nurse specialists), dedicated to working personal and employment information a collection of information; to search at eligible health care facilities with a to determine if a participant is in data sources; to complete and review critical shortage of nurses (i.e., a Critical compliance with the service the collection of information; and to Shortage Facility) or working as nurse requirements. transmit or otherwise disclose the faculty in eligible, accredited schools of This revision to the clearance package nursing, by decreasing the financial will incorporate two new forms: (1) The information. The total annual burden barriers associated with pursuing a CSF Verification Form is used to verify hours estimated for this ICR are nursing profession. The NURSE Corps transfers to CSFs not already recorded summarized in the table below. LRP provides loan repayment assistance in the online portal; and (2) the NURSE Total Estimated Annualized Burden to these nurses to repay a portion of Corps Nurse Faculty Employment Hours: their qualifying educational loans in Verification Form asks for personal and The estimates of reporting burden for exchange for full-time service at a employment information to specifically Applicants are as follows:

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

NURSE Corps LRP Application * ...... 5,500 1 5,500 2.0 11,000 Authorization to Release Employment Information Form ** 5,500 1 5,500 0.1 550

Total for Applicants ...... 5,500 ...... 11,000 ...... 11,550 * The burden hours associated with this instrument account for both new and continuation applications. Additional (uploaded) supporting docu- mentation is included as part of this instrument and reflected in the burden hours. ** The same respondents are completing these instruments.

The estimates of reporting burden for participants are as follows:

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

Participant Semi-Annual Employment Verification Form ..... 2,300 2 4,600 0.5 2,300 NURSE Corps CSF Verification Form ...... 550 1 550 0.1 55 NURSE Corps Nurse Faculty Employment Verification Form ...... 250 1 250 0.2 50

Total for Participants ...... 3,100 4 5,400 .8 2,405

Total for Applicants and Participants ...... 8,600 ...... 16,400 ...... * 13,955 * The 13,955 figure is a combination of burden hours for applicants and participants. This revision adds two forms (the CSF Verification Form and NURSE Corps Nurse Faculty Employment Verification Form). Participants, not applicants, only use these forms. The 13,955 total burden hours represents the net decrease in applicant burden, and the net increase in participant burden.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15164 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Dated: April 3, 2018. Advancement of Telehealth (OAT) in for their own internal program Lori Roche, collaboration with the Telehealth management; Acting Deputy Director, Division of the Resource Centers (TRCs) created a set of 5. Measure performance relative to the Executive Secretariat. performance measures that grantees can mission of OAT/HRSA as well as [FR Doc. 2018–07176 Filed 4–6–18; 8:45 am] use to evaluate the technical assistance individual goals and objectives of the BILLING CODE 4165–15–P services provided by the TRCs. Grantee program; goals are to provide customized telehealth technical assistance across 6. Identify topics of interest for future DEPARTMENT OF HEALTH AND the country. The TRCs provide technical special studies; and HUMAN SERVICES assistance to health care organizations, 7. Identify changes in healthcare health care networks and health care needs within rural communities, Health Resources and Services providers in the implementation of cost- allowing programs to shift focus in Administration effective telehealth programs to serve order to meet those needs. rural and medically underserved areas This renewal request proposes Agency Information Collection and populations. Activities: Proposed Collection: Public Need and Proposed Use of the changes to existing measures. After Comment Request; Telehealth Information: In order to evaluate compiling data from the previous tool Resource Center Performance existing programs, data are submitted to over the last three years, OAT Measurement Tool, OMB No. 0915– OAT through HRSA’s Performance conducted an analysis of the data and 0361, Revision Improvement Management System compared the findings with the program needs. Based on the findings, the AGENCY: Health Resources and Services (PIMS). The data are used to measure the effectiveness of the technical measures are being revised to better Administration (HRSA), Department of capture information necessary to Health and Human Services. assistance. There are two data reporting periods each year; during these biannual measure the effectiveness of the ACTION: Notice. reporting periods data are reported for program. The measure changes include: Additional demographic details from SUMMARY: In compliance with the the previous six months of activity. requirement for opportunity for public Programs have approximately six weeks organizations requesting technical comment on proposed data collection to enter their data into the PIMS system assistance, streamlined methods of projects of the Paperwork Reduction Act during each biannual reporting period. inquiry, additional topics of technical of 1995, HRSA announces plans to The instrument was developed with assistance inquiries aligning with the submit an Information Collection the following four goals in mind: current telehealth landscape, Request (ICR), described below, to the 1. Improving access to needed streamlined types of services provided Office of Management and Budget services, by the grantees, deletion of client 2. reducing rural practitioner (OMB). Prior to submitting the ICR to satisfaction survey results, and deletion isolation, of telehealth sites developed as a result OMB, HRSA seeks comments from the 3. improving health system public regarding the burden estimate, of grantee technical assistance. productivity and efficiency, and Likely Respondents: The likely below, or any other aspect of the ICR. 4. improving patient outcomes. DATES: Comments on this ICR must be The TRCs currently report on existing respondents will be telehealth received no later than June 8, 2018. performance data elements using PIMS. associations, telehealth providers, rural ADDRESSES: Submit your comments to The performance measures are designed health providers, clinicians that deliver [email protected] or mail Lisa to assess how the TRC program is services via telehealth, technical Wright-Solomon, HRSA Information meeting its goals to: assistance providers, research Collection Clearance Officer, Room 10– 1. Expand the availability of organizations, and academic medical 29, 5600 Fishers Lane, Rockville, MD telehealth services in underserved centers. 20857. communities, Burden Statement: Burden in this 2. Improve the quality, efficiency, and FOR FURTHER INFORMATION CONTACT: To context means the time expended by effectiveness of telehealth services, and request more information on the persons to generate, maintain, retain, 3. Promote knowledge exchange and disclose or provide the information proposed project or to obtain a copy of dissemination about efficient and the data collection plans and draft requested. This includes the time effective telehealth practices and needed to review instructions; to instruments, email Lisa Wright-Solomon technology. at [email protected] or call the HRSA develop, acquire, install and utilize 4. Establish sustainable technical technology and systems for the purpose Information Collection Clearance Officer assistance (TA) centers providing at (301) 443–1984. of collecting, validating and verifying quality, unbiased TA for the information, processing and SUPPLEMENTARY INFORMATION: When development and expansion of effective maintaining information, and disclosing submitting comments or requesting and efficient telehealth services in and providing information; to train information, please include the underserved communities. personnel and to be able to respond to information request collection title for Additionally, the PIMS tool allows a collection of information; to search reference. OAT to: data sources; to complete and review Information Collection Request Title: 1. Determine the value added from the Telehealth Resource Center Performance the collection of information; and to TRC Cooperative Agreement; transmit or otherwise disclose the Measurement Tool, OMB No. 0915– 2. Justify budget requests; 0361, Revision. 3. Collect uniform, consistent data information. The total annual burden Abstract: To ensure the best use of which enables OAT to monitor hours estimated for this ICR are public funds and to meet the programs; summarized in the table below. Government Performance Review Act 4. Provide guidance to grantees on Total Estimated Annualized burden requirements, the Office for the important indicators to track over time hours:

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15165

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

Telehealth Resource Center Performance Data Collection Tool ...... 14 42 588 0.07 41

Total ...... 14 ...... 588 ...... 41

HRSA specifically requests comments 4. Access to Care Services and Advisory Committee Act, 5 U.S.C. App., on (1) the necessity and utility of the Support to Patients; as amended, to provide expertise and proposed information collection for the 5. Vaccine and Therapeutics; and review all HHS efforts related to tick- proper performance of the agency’s 6. Other Tick-Borne Diseases and Co- borne diseases to help ensure functions, (2) the accuracy of the infections. interagency coordination and minimize estimated burden, (3) ways to enhance DATES: May 10, 2018, from 8:30 a.m. to overlap, examine research priorities, the quality, utility, and clarity of the 6:30 p.m., Eastern Time. and identify and address unmet needs. In addition, the Working Group will information to be collected, and (4) the ADDRESSES: This will be a virtual use of automated collection techniques meeting that is held via webcast. report to the Secretary and Congress on their findings and any recommendations or other forms of information Members of the public may attend the for the federal response to tick-borne technology to minimize the information meeting via webcast. Instructions for disease prevention, treatment, and collection burden. attending this virtual meeting will be research, and addressing gaps in those Dated: April 3, 2018. posted one week prior to the meeting at: areas. Lori Roche, https://www.hhs.gov/ash/advisory- Acting Deputy Director, Division of the committees/tickbornedisease/ Dated: April 2, 2018. Executive Secretariat. index.html. James Berger, Office of HIV/AIDS and Infectious Disease [FR Doc. 2018–07175 Filed 4–6–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: Policy, Alternate Designated Federal Officer, BILLING CODE 4165–15–P James Berger, Office of HIV/AIDS and Tick-Borne Disease Working Group. Infectious Disease Policy, Office of the [FR Doc. 2018–07217 Filed 4–6–18; 8:45 am] Assistant Secretary for Health, DEPARTMENT OF HEALTH AND Department of Health and Human BILLING CODE 4150–28–P HUMAN SERVICES Services; via email at tickbornedisease@ Meeting of the Tick-Borne Disease hhs.gov or by phone at 202–795–7697. DEPARTMENT OF HEALTH AND Working Group SUPPLEMENTARY INFORMATION: The HUMAN SERVICES Working Group invites public comment AGENCY: Office of HIV/AIDS and on issues related to the Working Group’s National Institutes of Health Infectious Disease Policy, Office of the charge. Comments may be provided Assistant Secretary for Health, Office of over the phone during the meeting or in National Institute of Nursing Research; the Secretary, Department of Health and writing. Persons who wish to provide Notice of Meeting Human Services. comments by phone should review Pursuant to section 10(d) of the ACTION: Notice. directions at https://www.hhs.gov/ash/ Federal Advisory Committee Act, as advisory-committees/tickbornedisease/ amended, notice is hereby given of a SUMMARY: The Department of Health and meetings/index.html before submitting a meeting of the National Advisory Human Services (HHS) announces the request via email at tickbornedisease@ Council for Nursing Research. fourth ‘‘on-line’’ meeting of the Tick- hhs.gov on or before May 3, 2018. Phone The meeting will be open to the Borne Disease Working Group (Working comments will be limited to three public as indicated below, with Group) on May 10, 2018, from 8:30 a.m. minutes each to accommodate as many attendance limited to space available. to 6:30 p.m., Eastern Time. For this speakers as possible. A total of 60 Individuals who plan to attend and fourth meeting, the Working Group will minutes will be allocated to public need special assistance, such as sign focus on the findings and basis for the comments. If more requests are received language interpretation or other draft reports from the work of the six than can be accommodated, speakers reasonable accommodations, should Subcommittee Working Groups that will be randomly selected. The nature of notify the Contact Person listed below were established on December 12, 2017. the comments will not be considered in in advance of the meeting. These subcommittees were established making this selection. Public comments The meeting will be closed to the to assist the Working Group with the may also be provided in writing. public in accordance with the development of the report to Congress Individuals who would like to provide provisions set forth in sections and the HHS Secretary as required by written comment should review 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., the 21st Century Cures Act. The directions at https://www.hhs.gov/ash/ as amended. The journals as potential subcommittees are: advisory-committees/tickbornedisease/ titles to be indexed by the National 1. Disease Vectors, Surveillance and meetings/index.html before sending Library of Medicine and the discussions Prevention (includes epidemiology of their comments to tickbornedisease@ could disclose confidential trade secrets tick-borne diseases); hhs.gov on or before May 3, 2018. or commercial property such as 2. Pathogenesis, Transmission, and Background and Authority: The Tick- patentable material, and personal Treatment; Borne Disease Working Group was information concerning individuals 3. Testing and Diagnostics (including established on August 10, 2017, in associated with the journals as potential laboratory-based diagnoses and clinical- accordance with section 2062 of the 21st titles to be indexed by the National diagnoses); Century Cures Act, and the Federal Library of Medicine, the disclosure of

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15166 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

which would constitute a clearly provisions set forth in sections such as patentable material, and unwarranted invasion of personal 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., personal information concerning privacy. as amended. The grant applications and individuals associated with the grant Name of Committee: National Advisory the discussions could disclose applications and/or contract proposals, Council for Nursing Research. confidential trade secrets or commercial the disclosure of which would Date: May 15–16, 2018. property such as patentable material, constitute a clearly unwarranted Open: May 15, 2018, 12:30 p.m. to 5:00 and personal information concerning invasion of personal privacy. p.m. individuals associated with the grant Name of Committee: National Deafness and Agenda: Discussion of Program Policies applications, the disclosure of which Other Communication Disorders Advisory and Issues. would constitute a clearly unwarranted Council. Place: National Institutes of Health, Date: May 18, 2018. Building 31, 31 Center Drive, C6 Room 6, invasion of personal privacy. Closed: 8:30 a.m. to 9:40 a.m. Bethesda, MD 20892. Name of Committee: Center for Inherited Agenda: To review and evaluate grant Closed: May 16, 2018, 9:00 a.m. to 1:00 Disease Research Access Committee. applications. p.m. Date: May 4, 2018. Place: National Institutes of Health, Agenda: To review and evaluate grant Time: 11:30 a.m. to 2:00 p.m. Building 31, Conference Room 6, 31 Center applications. Agenda: To review and evaluate grant Drive, Bethesda, MD 20892. Place: National Institutes of Health, applications. Open: 9:40 a.m. to 2:00 p.m. Building 31, 31 Center Drive, C6 Room 6, Place: National Institutes of Health, 5635 Agenda: Staff reports on divisional, Bethesda, MD 20892. Fishers Lane, Room 3049, Bethesda, MD programmatical, and special activities. Contact Person: Marguerite Littleton 20892 (Telephone Conference Call). Place: National Institutes of Health, Kearney. Contact Person: Barbara J. Thomas, Ph.D., Building 31, Conference Room 6, 31 Center Any interested person may file written Scientific Review Officer, Scientific Review Drive, Bethesda, MD 20892. comments with the committee by forwarding Branch, National Human Genome Research Contact Person: Craig A. Jordan, Ph.D., the statement to the Contact Person listed on Institute, National Institutes of Health, 5635 Director, Division of Extramural Activities, this notice. The statement should include the Fishers Lane, Ste. 4076, MSC 9306, Bethesda, NIDCD, NIH, Room 8345, MSC 9670, 6001 name, address, telephone number and when MD 20892–9306, 301–402–0838, Executive Blvd., Bethesda, MD 20892–9670, applicable, the business or professional [email protected]. 301–496–8693, [email protected]. affiliation of the interested person. (Catalogue of Federal Domestic Assistance Any interested person may file written In the interest of security, NIH has Program Nos. 93.172, Human Genome comments with the committee by forwarding instituted stringent procedures for entrance Research, National Institutes of Health, HHS) the statement to the Contact Person listed on onto the NIH campus. All visitor vehicles, this notice. The statement should include the including taxicabs, hotel, and airport shuttles Dated: April 3, 2018. name, address, telephone number and when will be inspected before being allowed on Sylvia L. Neal, applicable, the business or professional campus. Visitors will be asked to show one Program Analyst, Office of Federal Advisory affiliation of the interested person. form of identification (for example, a Committee Policy. In the interest of security, NIH has government-issued photo ID, driver’s license, [FR Doc. 2018–07114 Filed 4–6–18; 8:45 am] instituted stringent procedures for entrance or passport) and to state the purpose of their onto the NIH campus. All visitor vehicles, visit. BILLING CODE 4140–01–P including taxicabs, hotel, and airport shuttles Information is also available on the will be inspected before being allowed on Institute’s/Center’s home page: https:// campus. Visitors will be asked to show one www.National Advisory Council for Nursing DEPARTMENT OF HEALTH AND form of identification (for example, a Research/National Institute of Nursing HUMAN SERVICES government-issued photo ID, driver’s license, Research, where an agenda and any or passport) and to state the purpose of their additional information for the meeting will National Institutes of Health visit. be posted when available. Information is also available on the (Catalogue of Federal Domestic Assistance National Institute on Deafness and Other Communication Disorders; Institute’s/Center’s home page: http:// Program Nos. 93.361, Nursing Research, www.nidcd.nih.gov/about/Pages/Advisory- National Institutes of Health, HHS) Notice of Meeting Groups-and-Review-Committees.aspx, where Dated: April 3, 2018. Pursuant to section 10(d) of the an agenda and any additional information for Sylvia L. Neal, Federal Advisory Committee Act, as the meeting will be posted when available. Program Analyst, Office of Federal Advisory amended, notice is hereby given of a (Catalogue of Federal Domestic Assistance Committee Policy. meeting of the National Deafness and Program Nos. 93.173, Biological Research Related to Deafness and Communicative [FR Doc. 2018–07117 Filed 4–6–18; 8:45 am] Other Communication Disorders Disorders, National Institutes of Health, HHS) BILLING CODE 4140–01–P Advisory Council. The meeting will be open to the Dated: April 3, 2018. public as indicated below, with Sylvia L. Neal, DEPARTMENT OF HEALTH AND attendance limited to space available. Program Analyst, Office of Federal Advisory HUMAN SERVICES Individuals who plan to attend and Committee Policy. need special assistance, such as sign [FR Doc. 2018–07116 Filed 4–6–18; 8:45 am] National Institutes of Health language interpretation or other BILLING CODE 4140–01–P reasonable accommodations, should National Human Genome Research notify the Contact Person listed below Institute; Notice of Closed Meeting in advance of the meeting. DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the The meeting will be closed to the HUMAN SERVICES Federal Advisory Committee Act, as public in accordance with the amended, notice is hereby given of the provisions set forth in sections National Institutes of Health following meeting of the Center for 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Human Genome Research Inherited Disease Research Access as amended. The grant applications Institute; Notice of Closed Meeting Committee. and/or contract proposals and the The meeting will be closed to the discussions could disclose confidential Pursuant to section 10(d) of the public in accordance with the trade secrets or commercial property Federal Advisory Committee Act, as

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15167

amended, notice is hereby given of the Program; without change. Our ICR your comments, we may revise this ICR following meeting of the National describes the information we seek to or decide not to seek an extension of Human Genome Research Institute collect from the public. Before approval for the Collection. We will Special Emphasis Panel. submitting this ICR to OIRA, the Coast consider all comments and material The meeting will be closed to the Guard is inviting comments as received during the comment period. public in accordance with the described below. We encourage you to respond to this provisions set forth in sections DATES: Comments must reach the Coast request by submitting comments and 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Guard on or before June 8, 2018. related materials. Comments must as amended. The grant applications and ADDRESSES: You may submit comments contain the OMB Control Number of the the discussions could disclose identified by Coast Guard docket ICR and the docket number of this confidential trade secrets or commercial number [USCG–2018–0188] to the Coast request, [USCG–2018–0188], and must property such as patentable material, Guard using the Federal eRulemaking be received by June 8, 2018. and personal information concerning Portal at http://www.regulations.gov. Submitting Comments individuals associated with the grant See the ‘‘Public participation and applications, the disclosure of which request for comments’’ portion of the We encourage you to submit would constitute a clearly unwarranted SUPPLEMENTARY INFORMATION section for comments through the Federal invasion of personal privacy. further instructions on submitting eRulemaking Portal at http:// Name of Committee: National Human comments. www.regulations.gov. If your material Genome Research Institute Special Emphasis A copy of the ICR is available through cannot be submitted using http:// Panel; Gabriella Miller Kids First. the docket on the internet at http:// www.regulations.gov, contact the person Date: May 10, 2018. www.regulations.gov. Additionally, in the FOR FURTHER INFORMATION Time: 8:30 a.m. to 3:30 p.m. copies are available from: CONTACT section of this document for Agenda: To review and evaluate grant COMMANDANT (CG–612), ATTN: alternate instructions. Documents applications. mentioned in this notice, and all public Place: Hyatt Regency Bethesda, One PAPERWORK REDUCTION ACT Bethesda Metro Center, Conference Room MANAGER, U.S. COAST GUARD, 2703 comments, are in our online docket at Susquehanna/Severn, 7400 Wisconsin MARTIN LUTHER KING JR. AVE. SE, http://www.regulations.gov and can be Avenue, Bethesda, MD 20814. STOP 7710, WASHINGTON, DC 20593– viewed by following that website’s Contact Person: Barbara J. Thomas, Ph.D., 7710. instructions. Additionally, if you go to Scientific Review Officer, Scientific Review FOR FURTHER INFORMATION CONTACT: the online docket and sign up for email Branch, National Human Genome Research Contact Mr. Anthony Smith, Office of alerts, you will be notified when Institute, National Institutes of Health, 5635 comments are posted. Fishers Lane, Ste. 4076, MSC 9306. Bethesda, Information Management, telephone MD 20892–9306, 301–402–0838, 202–475–3532, or fax 202–372–8405, for We accept anonymous comments. All [email protected]. questions on these documents. comments received will be posted (Catalogue of Federal Domestic Assistance SUPPLEMENTARY INFORMATION: without change to http:// Program Nos. 93.172, Human Genome www.regulations.gov and will include Research, National Institutes of Health, HHS) Public Participation and Request for any personal information you have Comments provided. For more about privacy and Dated: April 3, 2018. the docket, you may review a Privacy Sylvia L. Neal, This Notice relies on the authority of the Paperwork Reduction Act of 1995; Act notice regarding the Federal Docket Program Analyst, Office of Federal Advisory Management System in the March 24, Committee Policy. 44 U.S.C. Chapter 35, as amended. An ICR is an application to OIRA seeking 2005, issue of the Federal Register (70 [FR Doc. 2018–07115 Filed 4–6–18; 8:45 am] the approval, extension, or renewal of a FR 15086). BILLING CODE 4140–01–P Coast Guard collection of information Information Collection Request (Collection). The ICR contains information describing the Collection’s Title: Alternate Compliance Program. DEPARTMENT OF HOMELAND purpose, the Collection’s likely burden OMB Control Number: 1625–0081. SECURITY on the affected public, an explanation of Summary: This information is used by the Coast Guard to assess vessels Coast Guard the necessity of the Collection, and other important information describing participating in the voluntary Alternate [Docket No. USCG–2018–0188] the Collection. There is one ICR for each Compliance Program (ACP) before Collection. issuance of a Certificate of Inspection. Information Collection Request to The Coast Guard invites comments on Need: Sections 3306 and 3316 of 46 Office of Management and Budget; whether this ICR should be granted U.S.C. authorize the Coast Guard to OMB Control Number: 1625–0081 based on the Collection being necessary establish vessel inspection regulations AGENCY: Coast Guard, DHS. for the proper performance of and inspection alternatives. Part 8 of 46 CFR contains the Coast Guard ACTION: Sixty-day notice requesting Departmental functions. In particular, regulations for recognizing classification comments. the Coast Guard would appreciate comments addressing: (1) The practical societies and enrollment of U.S.-flag SUMMARY: In compliance with the utility of the Collection; (2) the accuracy vessels in ACP. Paperwork Reduction Act of 1995, the of the estimated burden of the Forms: None. U.S. Coast Guard intends to submit an Collection; (3) ways to enhance the Respondents: Owners and operators Information Collection Request (ICR) to quality, utility, and clarity of of U.S.-flag inspected vessels. the Office of Management and Budget information subject to the Collection; Frequency: On occasion. (OMB), Office of Information and and (4) ways to minimize the burden of Hour Burden Estimate: The estimated Regulatory Affairs (OIRA), requesting an the Collection on respondents, burden has increased from 154 hours to extension of its approval for the including the use of automated 174 hours a year due to an increase in following collection of information: collection techniques or other forms of the estimated annual number of 1625–0081, Alternate Compliance information technology. In response to respondents.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15168 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Authority: The Paperwork Reduction Act SUPPLEMENTARY INFORMATION: www.regulations.gov and will include of 1995; 44 U.S.C. Chapter 35, as amended. any personal information you have Public Participation and Request for provided. For more about privacy and Dated: March 29, 2018. Comments James D. Roppel, the docket, you may review a Privacy This Notice relies on the authority of U.S. Coast Guard, Division Chief, Directives Act notice regarding the Federal Docket and Publications. the Paperwork Reduction Act of 1995; Management System in the March 24, 44 U.S.C. Chapter 35, as amended. An [FR Doc. 2018–07157 Filed 4–6–18; 8:45 am] 2005, issue of the Federal Register (70 ICR is an application to OIRA seeking FR 15086). BILLING CODE 9110–04–P the approval, extension, or renewal of a Coast Guard collection of information Information Collection Request (Collection). The ICR contains Title: Periodic Gauging and DEPARTMENT OF HOMELAND information describing the Collection’s Engineering Analyses for Certain Tank SECURITY purpose, the Collection’s likely burden Vessels Over 30 Years Old. Coast Guard on the affected public, an explanation of OMB Control Number: 1625–0101. the necessity of the Collection, and Summary: The Oil Pollution Act of [Docket No. USCG–2018–0189] other important information describing 1990 required the issuance of the Collection. There is one ICR for each regulations related to the structural Information Collection Request to Collection. integrity of tank vessels, including Office of Management and Budget; The Coast Guard invites comments on periodic gauging of the plating thickness OMB Control Number: 1625–0101 whether this ICR should be granted of tank vessels over 30 years old. This AGENCY: Coast Guard, DHS. based on the Collection being necessary collection of information is used to for the proper performance of verify the structural integrity of older ACTION: Sixty-day notice requesting Departmental functions. In particular, tank vessels. comments. the Coast Guard would appreciate Need: Title 46 U.S.C. 3703 authorizes SUMMARY: In compliance with the comments addressing: (1) The practical the Coast Guard to prescribe regulations Paperwork Reduction Act of 1995, the utility of the Collection; (2) the accuracy related to tank vessels, including design, U.S. Coast Guard intends to submit an of the estimated burden of the construction, alteration, repair, and Information Collection Request (ICR) to Collection; (3) ways to enhance the maintenance. Title 46 CFR 31.10–21a the Office of Management and Budget quality, utility, and clarity of prescribes the regulations related to (OMB), Office of Information and information subject to the Collection; periodic gauging and engineering Regulatory Affairs (OIRA), requesting an and (4) ways to minimize the burden of analyses of certain tank vessels over 30 extension of its approval for the the Collection on respondents, years old. following collection of information: including the use of automated Forms: None. Respondents: Owners and operators 1625–0101, Periodic Gauging and collection techniques or other forms of of certain tank vessels. Engineering Analyses for Certain Tank information technology. In response to your comments, we may revise this ICR Frequency: Every 5 years. Vessels Over 30 Years Old; without Hour Burden Estimate: The estimated or decide not to seek an extension of change. Our ICR describes the burden has decreased from 5,278 hours approval for the Collection. We will information we seek to collect from the to 2,784 hours a year due to a decrease consider all comments and material public. Before submitting this ICR to in the estimated annual number of received during the comment period. OIRA, the Coast Guard is inviting respondents. comments as described below. We encourage you to respond to this request by submitting comments and Authority: The Paperwork Reduction Act DATES: Comments must reach the Coast of 1995; 44 U.S.C. Chapter 35, as amended. Guard on or before June 8, 2018. related materials. Comments must contain the OMB Control Number of the Dated: March 29, 2018. ADDRESSES: You may submit comments ICR and the docket number of this identified by Coast Guard docket James D. Roppel, request, [USCG–2018–0189], and must U.S. Coast Guard, Division Chief, Directives number [USCG–2018–0189] to the Coast be received by June 8, 2018. Guard using the Federal eRulemaking and Publications. Portal at http://www.regulations.gov. Submitting Comments [FR Doc. 2018–07158 Filed 4–6–18; 8:45 am] BILLING CODE 9110–04–P See the ‘‘Public participation and We encourage you to submit request for comments’’ portion of the comments through the Federal SUPPLEMENTARY INFORMATION section for eRulemaking Portal at http:// DEPARTMENT OF HOUSING AND further instructions on submitting www.regulations.gov. If your material URBAN DEVELOPMENT comments. cannot be submitted using http:// A copy of the ICR is available through www.regulations.gov, contact the person [Docket No. FR–5858–N–09] the docket on the internet at http:// in the FOR FURTHER INFORMATION www.regulations.gov. Additionally, CONTACT section of this document for Solicitation of Appointment copies are available from: alternate instructions. Documents Nominations to the Housing COMMANDANT (CG–612), ATTN: mentioned in this notice, and all public Counseling Federal Advisory PAPERWORK REDUCTION ACT comments, are in our online docket at Committee MANAGER, U.S. COAST GUARD, 2703 http://www.regulations.gov and can be AGENCY: MARTIN LUTHER KING JR. AVE. SE, Office of the Assistant viewed by following that website’s Secretary for Housing—Federal Housing STOP 7710, WASHINGTON, DC 20593– instructions. Additionally, if you go to 7710. Commissioner, Department of Housing the online docket and sign up for email and Urban Development (HUD). FOR FURTHER INFORMATION CONTACT: alerts, you will be notified when ACTION: Notice of solicitation of Contact Mr. Anthony Smith, Office of comments are posted. appointment nominations for the Information Management, telephone We accept anonymous comments. All Housing Counseling Federal Advisory 202–475–3532, or fax 202–372–8405, for comments received will be posted Committee. questions on these documents. without change to http://

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15169

SUMMARY: The Department of Housing the Office of Management and Budget approved housing counseling agencies. and Urban Development (HUD) (OMB).1 Nominations may be made by agency established the Housing Counseling The HCFAC shall consist of not more officials, members of Congress, the Federal Advisory Committee (HCFAC) than 12 individuals appointed by the general public, professional on April 14, 2015. This notice invites Secretary. The membership will equally organizations, and self-nominations. nominations of individuals to fill represent the mortgage industry, real Nominees must be U.S. citizens and vacancies for two-year and three-year estate industry, consumers, and HUD- cannot be employees of the U.S. terms. approved housing counseling agencies. Government. All nominees will be serving in their ‘‘individual capacity’’ DATES: Please submit nominations as Each member shall be appointed in his and not in a ‘‘representative capacity;’’ soon as possible, but no later than May or her individual capacity for a term of therefore, no Federally-registered 9, 2018. 3 years and may be reappointed at the discretion of the Secretary. Of the 12 lobbyists may serve on the HCFAC.2 ADDRESSES: Nominations must be in members first appointed to the HCFAC Individual capacity, as clarified by writing and submitted via email to in 2016, 4 were appointed for an initial OMB, refers to individuals who are [email protected]. term of 1 year, 4 were appointed for a appointed to committees to exercise Individuals that do not have internet term of 2 years, and 4 were appointed their own individual best judgment on access may submit nominations to for a term of 3 years. The initial 12 behalf of the government, such as when Office of the Deputy Assistant Secretary appointments were made by the they are designated as Special for Housing Counseling, U.S. Secretary on June 1, 2016. The one-year Government Employees as defined in 18 Department of Housing and Urban appointees’ terms expired on May 31, U.S.C. 202. Development, 451 7th Street SW, Room 2017, and the two-year appointees’ Nominations to the HCFAC must be 9224, Washington, DC 20410. terms will expire on May 31, 2018. submitted via HUD Form 90005 which FOR FURTHER INFORMATION CONTACT: On June 6, 2017, HUD published a is available on the Office of Housing Virginia F. Holman, Housing Specialist, Federal Register notice (FR–5858–N– Counseling’s Federal Advisory U.S. Department of Housing and Urban 07) soliciting nominations for one Committee web page at: https:// Development, Office of Housing expired position and announcing its www.hudexchange.info/programs/ Counseling, Office of Outreach and intention to reappoint 3 members whose housing-counseling/federal-advisory- Capacity Building, Virginia.F.Holman@ terms expired on May 31, 2017. committee/. Each nominee will be hud.gov, telephone number 804–822– Subsequently, the Secretary has chosen required to provide all the information 4911 (this is not a toll-free number). to solicit nominations for those on HUD Form 90005, as well as the Persons who have difficulty hearing or vacancies along with solicitation of following information: • speaking may access this number via nominations to fill the 4 appointments Name, title, and organization of the TTY by calling the toll-free Federal scheduled to expire on May 31, 2018. nominee and a narrative description of Relay Service at (800) 877–8339 (toll- This is keeping with the intent of how the applicant is representative of at free number). Individuals with Congress to rotate appointments and least one of the following 4 categories: questions may also email stagger member terms. Appointees mortgage industry, real estate industry, [email protected] and in the whose terms have expired are eligible to consumers, and HUD-approved housing subject line write ‘‘HCFAC application counseling agencies. apply to be nominated for the positions • question.’’ announced herein. Nominee’s mailing address, email address, and telephone number; SUPPLEMENTARY INFORMATION: Of the 8 new members, two each must • represent one of the following 4 A narrative statement summarizing I. Background and Authority categories: mortgage industry, real estate the nominee’s qualifications, unique experiences, skills and knowledge the The Housing Counseling Federal industry, consumers, and HUD- individual will bring to the HCFAC and Advisory Committee (HCFAC) is approved housing counseling agencies. reasons why the nominee should be congressionally mandated to provide Four members will be selected to serve for the remainder of the 3-year term that appointed to the HCFAC; advice to the Office of Housing • A statement agreeing to submit to commenced June 1, 2017 and is set to Counseling (OHC) (Pub. L. 111–203). any pre-appointment screenings HUD expire May 31, 2020, and the remaining The HCFAC provides the OHC valuable might require of Special Government 4 members will be selected to serve for advice regarding its mission to provide Employees, as defined in 18 U.S.C. 202; individuals and families with the a 3-year term commencing June 1, 2018 • A statement confirming that the knowledge they need to obtain, sustain, and expiring May 31, 2021. nominee is not a registered federal and improve their housing through a II. Nominations for the Housing lobbyist; and strong national network of HUD- Counseling Federal Advisory • The Nominee’s signature and date. approved housing counseling agencies Committee Nominations should be submitted via and HUD-certified counselors. The email to [email protected]. HCFAC, however, shall have no role in HUD is seeking nominations for Individuals that do not have internet reviewing or awarding of OHC housing individuals whose experience is access may submit nominations to the counseling grants and procurement representative of at least one of the 4 Office of the Deputy Assistant Secretary contracts. The HCFAC is subject to the categories—the mortgage industry, real for Housing Counseling, HUD, 451 7th requirements of the Federal Advisory estate industry, consumers, and HUD- Street SW, Washington, DC 20410. Committee Act (5 U.S.C. Appendix), 41 Those who submitted applications CFR parts 101–6 and 102–3, and 1 See https://obamawhitehouse.archives.gov/the- press-office/presidential-memorandum-lobbyists- previously, and those who have been Presidential Memorandum ‘‘Final agency-boards-and-commissions (‘‘Lobbyists on Guidance on Appointments of Lobbyists Agency Boards and Commissions’’); see also 76 FR 2 See 79 FR 47482 (‘‘Revised Guidance on to Federal Boards and Commissions,’’ 61756 (‘‘Final Guidance on Appointments of Appointment of Lobbyists to Federal Advisory dated June 18, 2010, along with any Lobbyists to Federal Boards and Commissions’’), Committees, Boards, and Commissions’’) (clarifying and 79 FR 47482 (‘‘Revised Guidance on that federally registered lobbyists may not serve on relevant guidance published in the Appointment of Lobbyists to Federal Advisory advisory committee, board, or Commission in an Federal Register or otherwise issued by Committees, Boards, and Commissions’’). ‘‘individual capacity.’’)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15170 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

appointed previously, must reapply if Announcements of a meeting may be minimize the public’s reporting burden. they wish to be considered for a made, in addition to the Federal It also helps the public understand our position. Register notice, using other methods. information collection requirements and All Nominations must be received no Dated: March 30, 2018. provide the requested data in the later than May 9, 2018. desired format. Dana T. Wade, HCFAC members will be required to A Federal Register notice with a 60- adhere to the conflict of interest rules General Deputy Assistant, Secretary for day public comment period soliciting applicable to Special Government Housing. comments on this collection of Employees as such employees are [FR Doc. 2018–07219 Filed 4–6–18; 8:45 am] information was published on December defined in 18 U.S.C. 202. The rules BILLING CODE 4210–67–P 5, 2017 (82 FR 57466). No comments include relevant provisions in Title 18 were received. of the U.S. Code related to criminal We are again soliciting comments on activity, Standards of Ethical Conduct DEPARTMENT OF THE INTERIOR the proposed ICR that is described for Employees of the Executive Branch below. We are especially interested in (5 CFR part 2635) and Executive Order Geological Survey public comment addressing the 12674 (as modified by Executive Order [GX18RN00FUJA3; OMB Control Number following issues: (1) Is the collection 12731). Therefore, applicants will be 1028–0048] necessary to the proper functions of the required to submit to pre-appointment USGS; (2) will this information be screenings relating to identity of interest Agency Information Collection processed and used in a timely manner; and financial interests that HUD might Activities; Submission to the Office of (3) is the estimate of burden accurate; require as shown above. If selected, Management and Budget for Review (4) how might the USGS enhance the HCFAC members will also be asked to and Approval; Did You Feel It? quality, utility, and clarity of the complete form OGE Form 450 Earthquake Questionnaire information to be collected; and (5) how (Confidential Financial Disclosure might the USGS minimize the burden of AGENCY: U.S. Geological Survey, Report). this collection on the respondents, Interior. Members of the HCFAC shall serve including through the use of without pay but shall receive travel ACTION: Notice of information collection; information technology. expenses including per diem in lieu of request for comment. Comments that you submit in response to this notice are a matter of subsistence as authorized by 5 U.S.C. SUMMARY: In accordance with the public record. Before including your 5703. Regular attendance is essential to Paperwork Reduction Act of 1995, we, address, phone number, email address, the effective operation of the HCFAC. the U.S. Geological Survey (USGS) are or other personal identifying Please note this Notice is not intended proposing to renew an information information in your comment, you to be the exclusive method by which collection. HUD will solicit nominations and should be aware that your entire expressions of interest to identify DATES: Interested persons are invited to comment—including your personal qualified candidates; however, all submit comments on or before May 9, identifying information—may be made candidates for membership on the 2018. publicly available at any time. While HCFAC will be subject to the same ADDRESSES: Send written comments on you may ask us in your comment to evaluation criteria. this information collection request (ICR) withhold your personal identifying information from public review, we III. Selection and Meetings to the Office of Management and Budget’s Desk Officer for the cannot guarantee that we will be able to After all nominations have been Department of the Interior by email at do so. reviewed, HUD will publish a notice in [email protected]; or via Abstract: The U.S. Geological Survey the Federal Register announcing the facsimile to (202) 395–5806. Please is required to collect, evaluate, publish appointment of the HCFAC members. provide a copy of your comments to and distribute information concerning Member selections will be made by the USGS, Information Collections earthquakes. Respondents have an Secretary and will be based on the Clearance Officer, 12201 Sunrise Valley opportunity to voluntarily supply information concerning the effects of candidates’ qualifications to contribute Drive, MS 159, Reston, VA 20192; or by shaking from an earthquake—on to the accomplishment of the HCFAC’s email to [email protected]. themselves, buildings, other man-made objectives. HCFAC selection will be Please reference OMB Control Number structures, and ground effects such as made based on factors such as expertise 1028–0048 in the subject line of your faulting or landslides. Respondents’ and diversity of viewpoints that are comments. necessary to effectively address the observations are interpreted in terms of matters before the HCFAC. Membership FOR FURTHER INFORMATION CONTACT: To numbers that measure the strength of on the HCFAC is personal to the request additional information about shaking, and the resulting numbers are appointee and HCFAC members serve at this ICR, contact David Wald by email displayed on maps that are viewable the discretion of the Secretary. at [email protected], or by telephone at from USGS earthquake websites. The estimated number of in-person 303–273–8441. You may also view the Observations are submitted via the Felt meetings anticipated within a fiscal year ICR at http://www.reginfo.gov/public/ Report questionnaire accessed from the is two (2) in Washington DC or do/PRAMain. USGS Did You Feel It? Earthquake elsewhere in the United States. SUPPLEMENTARY INFORMATION: We, the Questionnaire web pages, and may be Additional meetings may be held as USGS, in accordance with the submitted via computer or mobile needed to render advice to the Deputy Paperwork Reduction Act of 1995, phone. Respondents are asked to Assistant Secretary for the Office of provide the general public and other provide information on the location to Housing Counseling. The meetings may Federal agencies with an opportunity to which the report pertains. The locations use electronic communication comment on proposed, revised, and may, at the respondent’s option, be technologies for attendance. continuing collections of information. given imprecisely (city-name or postal All meetings will be announced by This helps us assess the impact of our Zip Code) or precisely (street address, notice in the Federal Register. information collection requirements and geographic coordinates, or current

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15171

location determined by the user’s DEPARTMENT OF THE INTERIOR through the use of information mobile phone). Low resolution maps of technology. shaking based on both precise and Bureau of Indian Affairs Comments that you submit in imprecise observations are published for [189A2100DD/AAKC001030/ response to this notice are a matter of all earthquakes for which observations A0A501010.999900 253G; OMB Control public record. We will include or are submitted. For earthquakes felt by Number 1076–0104] summarize each comment in our request many respondents, the observations that to OMB to approve this ICR. Before are associated with more precise Agency Information Collection including your address, phone number, locations are used in the preparation of Activities; Documented Petitions for email address, or other personal Federal Acknowledgment as an Indian higher resolution maps of earthquake identifying information in your Tribe comment, you should be aware that shaking. your entire comment—including your AGENCY: We will protect information from Bureau of Indian Affairs, personal identifying information—may respondents considered proprietary Interior. be made publicly available at any time. under the Freedom of Information Act ACTION: Notice of information collection; While you can ask us in your comment (5 U.S.C. 552) and implementing request for comment. to withhold your personal identifying regulations (43 CFR part 2), and under information from public review, we SUMMARY: In accordance with the regulations at 30 CFR 250.197, ‘‘Data Paperwork Reduction Act of 1995, we, cannot guarantee that we will be able to and information to be made available to the Assistant Secretary—Indian Affairs do so. Abstract: Submission of this the public or for limited inspection.’’ (AS–IA) are proposing to renew an information allows Assistant Responses are voluntary. No questions information collection. of a ‘‘sensitive’’ nature are asked. We Secretary—Indian Affairs, Office of DATES: Interested persons are invited to will release data collected on these Federal Acknowledgment (OFA) to submit comments on or before June 8, review applications for the Federal forms only in formats that do not 2018. include proprietary information acknowledgment of a group as an Indian ADDRESSES: Send your comments on volunteered by respondents. tribe. The acknowledgment regulations this information collection request (ICR) at 25 CFR 83 contain seven criteria that Title of Collection: Did You Feel It? by mail to R. Lee Fleming, Director, unrecognized groups seeking Federal Earthquake Questionnaire. Office of Federal Acknowledgment, acknowledgment as Indian tribes must OMB Control Number: 1028–0048. Assistant Secretary—Indian Affairs, demonstrate that they meet. Information 1849 C Street NW, MS–4071 MIB, Form Number: NA. collect from petitioning groups under Washington, DC 20240; facsimile: (202) these regulations provide Type of Review: Extension of a 219–3008; email: [email protected]. anthropological, genealogical and currently approved collection. Please reference OMB Control Number historical data used by the AS–IA to Respondents/Affected Public: General 1046–0104 in the subject line of your establish whether a petitioning group public. comments. has the characteristics necessary to be Total Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: To acknowledged as having a government- Respondents: 200,000. request additional information about to-government relationship with the this ICR, contact R. Lee Fleming, (202) United States. Respondents are not Total Estimated Number of Annual 513–7650. required to retain copies of the Responses: 300,000. SUPPLEMENTARY INFORMATION: In information submitted to OFA but will Estimated Completion Time per accordance with the Paperwork probably maintain copies for their own Response: 3 minutes on average. Reduction Act of 1995, we provide the use; therefore, there is no recordkeeping requirement included in this Total Estimated Number of Annual general public and other Federal information collection. Burden Hours: 15,000 hours. agencies with an opportunity to comment on new, proposed, revised, Title of Collection: Documented Respondent’s Obligation: Voluntary. and continuing collections of Petitions for Federal Acknowledgment Frequency of Collection: On occasion, information. This helps us assess the as an Indian Tribe. OMB Control Number: 1076–0104. after each earthquake. impact of our information collection Form Number: BIA–8304, BIA–8305, requirements and minimize the public’s Total Estimated Annual Non-hour and BIA–8306. Burden Cost: $0.00. reporting burden. It also helps the Type of Review: Extension of a public understand our information An agency may not conduct or currently approved collection. collection requirements and provide the Respondents/Affected Public: Groups sponsor and a person is not required to requested data in the desired format. respond to a collection of information petitioning for Federal acknowledgment We are soliciting comments on the as Indian Tribes. unless it displays a currently valid OMB proposed ICR that is described below. control number. Total Estimated Number of Annual We are especially interested in public Respondents: 10 per year, on average. The authority for this action is the comment addressing the following Total Estimated Number of Annual Paperwork Reduction Act of 1995 (44 issues: (1) Is the collection necessary to Responses: 10 per year, on average. U.S.C. 3501, et seq.). the proper functions of the AS–IA; (2) Estimated Completion Time per will this information be processed and Response: 2,075 hours, on average. Linda K. Pratt, used in a timely manner; (3) is the Total Estimated Number of Annual Geologic Hazards Science Center, Associate estimate of burden accurate; (4) how Burden Hours: 20,750 hours. Director. might the AS–IA enhance the quality, Respondent’s Obligation: Required to [FR Doc. 2018–07133 Filed 4–6–18; 8:45 am] utility, and clarity of the information to Obtain a Benefit. BILLING CODE 4338–11–P be collected; and (5) how might the AS– Frequency of Collection: Once. IA minimize the burden of this Total Estimated Annual Nonhour collection on the respondents, including Burden Cost: $0.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15172 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

An agency may not conduct or reporting burden. It also helps the Form Number: Form 22. sponsor and a person is not required to public understand our information Type of Review: Extension of a respond to a collection of information collection requirements and provide the currently approved collection. unless it displays a currently valid OMB requested data in the desired format. Respondents/Affected Public: Tribal control number. We are soliciting comments on the college and university administrators. The authority for this action is the proposed ICR that is described below. Total Estimated Number of Annual Paperwork Reduction Act of 1995 (44 We are especially interested in public Respondents: 28 per year, on average. U.S.C. 3501 et seq.). comment addressing the following Total Estimated Number of Annual Responses: 28 per year, on average. Dated: March 21, 2018. issues: (1) Is the collection necessary to the proper functions of the BIE; (2) will Estimated Completion Time per Elizabeth K. Appel, this information be processed and used Response: 11 hours. Director, Office of Regulatory Affairs and in a timely manner; (3) is the estimate Total Estimated Number of Annual Collaborative Action—Indian Affairs. of burden accurate; (4) how might the Burden Hours: 308 hours. [FR Doc. 2018–07125 Filed 4–6–18; 8:45 am] BIE enhance the quality, utility, and Respondent’s Obligation: Required to BILLING CODE 4337–15–P clarity of the information to be Obtain a Benefit. Frequency of Collection: Annually. collected; and (5) how might the BIE Total Estimated Annual Nonhour minimize the burden of this collection DEPARTMENT OF THE INTERIOR Burden Cost: $0. on the respondents, including through An agency may not conduct or Bureau of Indian Affairs the use of information technology. sponsor and a person is not required to Comments that you submit in respond to a collection of information [189A2100DD/AAKC001030/ response to this notice are a matter of unless it displays a currently valid OMB A0A501010.999900 253G; OMB Control public record. We will include or Number 1076–0018] control number. summarize each comment in our request The authority for this action is the to OMB to approve this ICR. Before Agency Information Collection Paperwork Reduction Act of 1995 (44 including your address, phone number, Activities; Bureau of Indian Education U.S.C. 3501 et seq.). email address, or other personal Tribal Colleges and Universities; identifying information in your Dated: March 21, 2018. Application for Grants and Annual comment, you should be aware that Elizabeth K. Appel, Report Form your entire comment—including your Director, Office of Regulatory Affairs and AGENCY: Bureau of Indian Affairs, personal identifying information—may Collaborative Action—Indian Affairs. Interior. be made publicly available at any time. [FR Doc. 2018–07123 Filed 4–6–18; 8:45 am] ACTION: Notice of information collection; While you can ask us in your comment BILLING CODE 4337–15–P request for comment. to withhold your personal identifying information from public review, we SUMMARY: In accordance with the cannot guarantee that we will be able to DEPARTMENT OF THE INTERIOR Paperwork Reduction Act of 1995, we, do so. the Bureau of Indian Education (BIE) are Abstract: Each tribally-controlled Bureau of Indian Affairs proposing to renew an information college or university requesting [189A2100DD/AAKC001030/ collection with revisions. financial assistance under the Tribally A0A501010.999900 253G; OMB Control DATES: Interested persons are invited to Controlled Colleges and Universities Number 1076–0047] submit comments on or before June 8, Assistance Act of 1978 (the Act) (25 Agency Information Collection 2018. U.S.C. Sec. 1801 et seq.), which Activities; Reindeer in Alaska ADDRESSES: Send your comments on provides grants to Tribally Controlled this information collection request (ICR) Colleges or Universities for the purpose AGENCY: Bureau of Indian Affairs, by mail to Dr. Katherine Campbell, of ensuring continued and expanded Interior. Program Analyst, Office of Research, educational opportunities for Indian ACTION: Notice of information collection; Policy and Post-Secondary, at 12220 students. Similarly, each Tribally request for comment. Sunrise Valley Drive, Reston, VA 20191 Controlled College or University that or by email to Katherine.Campbell@ receives financial assistance is required SUMMARY: In accordance with the bie.edu. Please reference OMB Control by Sec. 107(c)(1) of the Act and 25 CFR Paperwork Reduction Act of 1995, we, Number 1076–0018 in the subject line of 41 to provide a report on the use of the Bureau of Indian Affairs (BIA) are your comments. funds received. proposing to renew an information Additionally, BIE will be combining collection. FOR FURTHER INFORMATION CONTACT: To information collection OMB 1076–0105 request additional information about DATES: Interested persons are invited to with this collection because both this ICR, contact Dr. Katherine Campbell submit comments on or before June 8, collections are elements of the same by email at Katherine.Campbell@ 2018. grant program. OMB 1076–0105 covered bie.edu, or by telephone at (703) 390– ADDRESSES: Send your comments on the reporting element of the grant 6697. this information collection request (ICR) program. Each Tribally-controlled by mail to Mr. Keith Kahklen, Natural SUPPLEMENTARY INFORMATION: In college or university that receives Resources Manager, Bureau of Indian accordance with the Paperwork financial assistance under the Act is Affairs, P.O. Box 21647, Juneau, Alaska Reduction Act of 1995, we provide the required by Sec. 107(c)(1) of the Act and 99802–6147; email: Keith.Kahklen@ general public and other Federal 25 CFR 41 to provide a report on the use bia.gov; facsimile: (907) 586–7120. agencies with an opportunity to of funds received. comment on new, proposed, revised, Title of Collection: Bureau of Indian Please reference OMB Control Number and continuing collections of Education Tribal Colleges and 1076–0047 in the subject line of your information. This helps us assess the Universities; Application for Grants and comments. impact of our information collection Annual Report Form. FOR FURTHER INFORMATION CONTACT: To requirements and minimize the public’s OMB Control Number: 1076–0018. request additional information about

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15173

this ICR, contact: Mr. Keith Kahklen, Title of Collection: Reindeer in DATES: Interested persons are invited to phone: (907) 586–7618. Alaska. submit comments on or before June 8, SUPPLEMENTARY INFORMATION: In OMB Control Number: 1076–0047. 2018. accordance with the Paperwork Form Number: None. ADDRESSES: Send your comments on Type of Review: Extension of a Reduction Act of 1995, we provide the this information collection request (ICR) currently approved collection. general public and other Federal by mail to the Robin M. Phillips, Respondents/Affected Public: Non- Superintendent, Osage Agency, P.O. agencies with an opportunity to Indians who wish to possess Alaskan comment on new, proposed, revised, Box 1539, Pawhuska, OK 74056 or by reindeer. email to [email protected]. Please and continuing collections of Total Estimated Number of Annual reference OMB Control Number 1076– information. This helps us assess the Respondents: 4 per year, on average (1 0180 in the subject line of your impact of our information collection respondent for the Sale Permit for comments. requirements and minimize the public’s Alaska Reindeer, 1 respondent for the reporting burden. It also helps the Sale Report Form for Alaska Reindeer, FOR FURTHER INFORMATION CONTACT: To public understand our information 1 respondent for the Special Use Permit request additional information about collection requirements and provide the for Alaskan Reindeer, and 1 respondent this ICR, contact Richard Winlock, requested data in the desired format. for the Special Use Reindeer Report). Deputy Superintendent by email at We are soliciting comments on the Total Estimated Number of Annual [email protected], or by proposed ICR that is described below. Responses: 4. telephone at (918) 287–5700. We are especially interested in public Estimated Completion Time per SUPPLEMENTARY INFORMATION: In comment addressing the following Response: 5 minutes for the Sale Permit accordance with the Paperwork issues: (1) Is the collection necessary to and Report forms; and 10 minutes for Reduction Act of 1995, we provide the the proper functions of the BIA; (2) will the Special Use Permit and Report general public and other Federal this information be processed and used forms, on average. agencies with an opportunity to in a timely manner; (3) is the estimate Total Estimated Number of Annual comment on new, proposed, revised, of burden accurate; (4) how might the Burden Hours: 30 minutes. and continuing collections of BIA enhance the quality, utility, and Respondent’s Obligation: Required to information. This helps us assess the clarity of the information to be Obtain a Benefit. impact of our information collection collected; and (5) how might the BIA Frequency of Collection: Once a year, requirements and minimize the public’s minimize the burden of this collection on average. reporting burden. It also helps the on the respondents, including through Total Estimated Annual Nonhour public understand our information the use of information technology. Burden Cost: $2.24. collection requirements and provide the An agency may not conduct or Comments that you submit in requested data in the desired format. response to this notice are a matter of sponsor and a person is not required to We are soliciting comments on the public record. We will include or respond to a collection of information proposed ICR that is described below. summarize each comment in our request unless it displays a currently valid OMB We are especially interested in public to OMB to approve this ICR. Before control number. comment addressing the following The authority for this action is the including your address, phone number, issues: (1) Is the collection necessary to Paperwork Reduction Act of 1995 (44 email address, or other personal the proper functions of the BIA; (2) will U.S.C. 3501 et seq.). identifying information in your this information be processed and used comment, you should be aware that Dated: March 15, 2018. in a timely manner; (3) is the estimate your entire comment—including your Elizabeth K. Appel, of burden accurate; (4) how might the personal identifying information—may Director, Office of Regulatory Affairs and BIA enhance the quality, utility, and be made publicly available at any time. Collaborative Action—Indian Affairs. clarity of the information to be While you can ask us in your comment [FR Doc. 2018–07124 Filed 4–6–18; 8:45 am] collected; and (5) how might the BIA to withhold your personal identifying BILLING CODE 4337–15–P minimize the burden of this collection information from public review, we on the respondents, including through cannot guarantee that we will be able to the use of information technology. do so. DEPARTMENT OF THE INTERIOR Comments that you submit in Abstract: The Bureau of Indian Affairs response to this notice are a matter of (BIA) is seeking renewal of the approval Bureau of Indian Affairs public record. We will include or for the information collection conducted [189A2100DD/AAKC001030/ summarize each comment in our request under 25 CFR part 243, Reindeer in A0A501010.999900 253G; OMB Control to OMB to approve this ICR. Before Alaska, which is used to monitor and Number 1076–0180] including your address, phone number, regulate the possession and use of email address, or other personal Alaskan reindeer by non-Natives in Agency Information Collection identifying information in your Alaska. The information to be provided Activities; Leasing of Osage comment, you should be aware that includes an applicant’s name and Reservation Lands for Oil and Gas your entire comment—including your address, and where an applicant will Mining personal identifying information—may keep the reindeer. The applicant must AGENCY: Bureau of Indian Affairs, be made publicly available at any time. fill out an application for a permit to get Interior. While you can ask us in your comment a reindeer for any purpose, and is ACTION: Notice of information collection; to withhold your personal identifying required to report on the status of request for comment. information from public review, we reindeer annually or when a change cannot guarantee that we will be able to occurs, including changes prior to the SUMMARY: In accordance with the do so. date of the annual report. This Paperwork Reduction Act of 1995, we, Abstract: Congress passed legislation information collection utilizes four Bureau of Indian Affairs (BIA) are specifically addressing oil and gas forms. A response is required to obtain proposing to renew an information leasing on Osage lands and requiring and/or retain a benefit. collection with revisions. Secretarial approval of leases. See 34

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15174 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Stat. 543, section 3, as amended. The DEPARTMENT OF THE INTERIOR public record. We will include or regulations art 25 CFR 226 implement summarize each comment in our request that statute by specifying what Bureau of Indian Affairs to OMB to approve this ICR. Before information a lessee must provide [189A2100DD/AAKC001030/ including your address, phone number, related to drilling, development, and A0A501010.999900 253G; OMB Control email address, or other personal production of oil and gas on Osage Number 1076–0122] identifying information in your reservation land. The oil, gas, and land comment, you should be aware that are assets that the United States holds Agency Information Collection your entire comment—including your in trust or restricted status for Indian Activities; Data Elements for Student personal identifying information—may Enrollment in Bureau-Funded Schools beneficiaries. The information be made publicly available at any time. While you can ask us in your comment collections in 25 CFR 226 are necessary AGENCY: Bureau of Indian Affairs, to withhold your personal identifying to ensure that the beneficial owners of Interior. information from public review, we the mineral rights are provided the ACTION: Notice of information collection; cannot guarantee that we will be able to royalties due them, ensure that the oil request for comment. do so. and gas trust assets are protected, and to ensure that the surface estate assets are SUMMARY: In accordance with the Abstract: The BIE is requesting protected. Paperwork Reduction Act of 1995, we, renewal of OMB approval for the the Bureau of Indian Education (BIE) are admission forms for the Student Title of Collection: Leasing of Osage proposing to renew an information Enrollment Application in Bureau- Reservation lands for Oil and Gas collection. funded Schools. School registrars Mining. collect information on this form to DATES: Interested persons are invited to determine the student’s eligibility for OMB Control Number: 1076–0180. submit comments on or before June 8, enrollment in a Bureau-funded school, Form Number: N/A. 2018. and if eligible, is shared with Type of Review: Revision of a ADDRESSES: Send your comments on appropriate school officials to identify currently approved collection. this information collection request (ICR) the student’s base and supplemental Respondents/Affected Public: by mail to: Dr. Joe Herrin, Bureau of educational and/or residential program Indian Education, 1849 C Street NW, Individual Indians, businesses, and needs. The BIE compiles the MS–3620–MIB, Washington, DC 20240; Tribal authorities. information into a national database to facsimile: (202) 208–7658; email: facilitate budget requests and the Total Estimated Number of Annual [email protected]. Please reference allocation of congressionally Respondents: 965. OMB Control Number 1076–0122 in the appropriated funds. subject line of your comments. Total Estimated Number of Annual Title of Collection: Data Elements for Responses: 14,436. FOR FURTHER INFORMATION CONTACT: To Student Enrollment in Bureau-funded Estimated Completion Time per request additional information about Schools. Response: Varies from 15 minutes to this ICR, contact Dr. Joe Herrin, phone: (202) 208–7658. OMB Control Number: 1076–0122. eight hours. SUPPLEMENTARY INFORMATION: In Form Number: None. Total Estimated Number of Annual accordance with the Paperwork Type of Review: Extension of a Burden Hours: 21,954. Reduction Act of 1995, we provide the currently approved collection. Respondent’s Obligation: Required to general public and other Federal Respondents/Affected Public: Obtain a Benefit. agencies with an opportunity to Contract and Grant schools, and Bureau- Frequency of Collection: Varies from comment on new, proposed, revised, funded schools. yearly to monthly. and continuing collections of Total Estimated Number of Annual information. This helps us assess the Respondents: 47,000 per year, on Total Estimated Annual Nonhour impact of our information collection average. Burden Cost: $496. requirements and minimize the public’s Total Estimated Number of Annual reporting burden. It also helps the An agency may not conduct or Responses: 47,000 per year, on average. sponsor and a person is not required to public understand our information Estimated Completion Time per respond to a collection of information collection requirements and provide the Response: 15 minutes. unless it displays a currently valid OMB requested data in the desired format. control number. We are soliciting comments on the Total Estimated Number of Annual proposed ICR that is described below. Burden Hours: 11,750 hours. The authority for this action is the We are especially interested in public Respondent’s Obligation: Required to Paperwork Reduction Act of 1995 (44 comment addressing the following Obtain a Benefit. U.S.C. 3501 et seq.). issues: (1) Is the collection necessary to Frequency of Collection: Once per Dated: April 3, 2018. the proper functions of the BIE; (2) will year. this information be processed and used Elizabeth K. Appel, Total Estimated Annual Nonhour in a timely manner; (3) is the estimate Director, Office of Regulatory Affairs and Burden Cost: $0. Collaborative Action—Indian Affairs. of burden accurate; (4) how might the BIE enhance the quality, utility, and An agency may not conduct or [FR Doc. 2018–07121 Filed 4–6–18; 8:45 am] clarity of the information to be sponsor and a person is not required to BILLING CODE 4337–15–P collected; and (5) how might the BIE respond to a collection of information minimize the burden of this collection unless it displays a currently valid OMB on the respondents, including through control number. the use of information technology. The authority for this action is the Comments that you submit in Paperwork Reduction Act of 1995 (44 response to this notice are a matter of U.S.C. 3501 et seq.).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15175

Dated: April 3, 2018. activity of the group research project. Administration, Attention: DEA Federal Elizabeth K. Appel, Membership in this group research Register Representative/DRW, 8701 Director, Office of Regulatory Affairs and project remains open, and UHD Alliance Morrissette Drive, Springfield, Virginia Collaborative Action—Indian Affairs. intends to file additional written 22152. All requests for hearing must be [FR Doc. 2018–07122 Filed 4–6–18; 8:45 am] notifications disclosing all changes in sent to: Drug Enforcement BILLING CODE 4337–15–P membership. Administration, Attn: Administrator, On June 17, 2015, UHD Alliance filed 8701 Morrissette Drive, Springfield, its original notification pursuant to Virginia 22152. All request for hearing DEPARTMENT OF JUSTICE Section 6(a) of the Act. The Department should also be sent to: (1) Drug of Justice published a notice in the Enforcement Administration, Attn: Federal Register pursuant to Section Antitrust Division Hearing Clerk/LJ, 8701 Morrissette 6(b) of the Act on July 17, 2015 (80 FR Drive, Springfield, Virginia 22152; and Notice Pursuant to the National 42537). Cooperative Research and Production The last notification was filed with (2) Drug Enforcement Administration, Act of 1993—UHD Alliance, Inc. the Department on December 15, 2017. Attn: DEA Federal Register A notice was published in the Federal Representative/DRW, 8701 Morrissette Notice is hereby given that, on March Register pursuant to Section 6(b) of the Drive, Springfield, Virginia 22152. 8, 2018, pursuant to Section 6(a) of the Act on February 12, 2018 (83 FR 6051). National Cooperative Research and SUPPLEMENTARY INFORMATION: The Production Act of 1993, 15 U.S.C. 4301 Patricia A. Brink, Attorney General has delegated his et seq. (‘‘the Act’’), UHD Alliance, Inc. Director of Civil Enforcement, Antitrust authority under the Controlled (‘‘UHD Alliance’’) filed written Division. Substances Act to the Administrator of notifications simultaneously with the [FR Doc. 2018–07129 Filed 4–6–18; 8:45 am] the Drug Enforcement Administration Attorney General and the Federal Trade BILLING CODE 4410–11–P (DEA), 28 CFR 0.100(b). Authority to Commission disclosing changes in its exercise all necessary functions with membership. The notifications were respect to the promulgation and filed for the purpose of extending the DEPARTMENT OF JUSTICE implementation of 21 CFR part 1301, Act’s provisions limiting the recovery of incident to the registration of antitrust plaintiffs to actual damages Drug Enforcement Administration manufacturers, distributors, dispensers, under specified circumstances. [Docket No. DEA–392] importers, and exporters of controlled Specifically, Google, Inc., Mountain substances (other than final orders in View, CA; Teledyne LeCroy, Elgin, IL; Importer of Controlled Substances connection with suspension, denial, or and Synaptics, San Jose, CA, have been Application: United States revocation of registration) has been added as parties to this venture. delegated to the Assistant Administrator ACTION: Also, HDAnywhere Ltd., Malvern, Notice of application. of the DEA Diversion Control Division UNITED KINGDOM; Quantum Data, (‘‘Assistant Administrator’’) pursuant to Inc., Elgin, IL; and Sky UK Ltd., DATES: Registered bulk manufacturers of the affected basic classes, and section 7 of 28 CFR part 0, appendix to Isleworth, UNITED KINGDOM, have subpart R. withdrawn as parties to this venture. applicants therefore, may file written In addition, the following members comments on or objections to the In accordance with 21 CFR have changed their names: Koninklijke issuance of the proposed registration on 1301.34(a), this is notice that on March Philips N.V. to Philips International or before May 9, 2018. Such persons 1, 2018, United States Pharmacopeial B.V.–IP&S, Eindhoven, may also file a written request for a Convention, 12601 Twinbrook Parkway, NETHERLANDS; and DTS, Inc., to hearing on the application on or before Rockville, MD, 20852 applied to be Xperi Corporation, Calabasas, CA. May 9, 2018. registered as an importer of the No other changes have been made in ADDRESSES: Written comments should following basic classes of controlled either the membership or planned be sent to: Drug Enforcement substances:

Controlled substance Drug code Schedule

Cathinone ...... 1235 I Methaqualone ...... 2565 I Lysergic acid diethylamide ...... 7315 I 4-Methyl-2,5-dimethoxyamphetamine ...... 7395 I 4-Methoxyamphetamine ...... 7411 I Codeine-N-oxide ...... 9053 I Difenoxin ...... 9168 I Heroin ...... 9200 I Morphine-N-oxide ...... 9307 I Norlevorphanol ...... 9634 I Methamphetamine ...... 1105 II Phenmetrazine ...... 1631 II Methylphenidate ...... 1724 II Amobarbital ...... 2125 II Pentobarbital ...... 2270 II Secobarbital ...... 2315 II Glutethimide ...... 2550 II Phencyclidine ...... 7471 II Phenylacetone ...... 8501 II Alphaprodine ...... 9010 II Anileridine ...... 9020 II Cocaine ...... 9041 II

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15176 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Controlled substance Drug code Schedule

Dihydrocodeine ...... 9120 II Diphenoxylate ...... 9170 II Levomethorphan ...... 9210 II Levorphanol ...... 9220 II Meperidine ...... 9230 II Dextropropoxyphene, bulk (non-dosage forms) ...... 9273 II Thebaine ...... 9333 II Noroxymorphone ...... 9668 II Alfentanil ...... 9737 II Sufentanil ...... 9740 II

The company plans to import the bulk or before May 9, 2018. Such persons SUPPLEMENTARY INFORMATION: The controlled substances for distribution of may also file a written request for a Attorney General has delegated his analytical reference standards to its hearing on the application on or before authority under the Controlled customers for research and analytical May 9, 2018. Substances Act to the Administrator of purposes. the Drug Enforcement Administration ADDRESSES: Written comments should (DEA), 28 CFR 0.100(b). Authority to Dated: April 2, 2018. be sent to: Drug Enforcement Susan A. Gibson, exercise all necessary functions with Administration, Attention: DEA Federal respect to the promulgation and Deputy Assistant Administrator. Register Representative/DRW, 8701 implementation of 21 CFR part 1301, [FR Doc. 2018–07167 Filed 4–6–18; 8:45 am] Morrissette Drive, Springfield, Virginia incident to the registration of BILLING CODE 4410–09–P 22152. All requests for hearing must be manufacturers, distributors, dispensers, sent to: Drug Enforcement importers, and exporters of controlled Administration, Attn: Administrator, DEPARTMENT OF JUSTICE substances (other than final orders in 8701 Morrissette Drive, Springfield, connection with suspension, denial, or Drug Enforcement Administration Virginia 22152. All request for hearing revocation of registration) has been should also be sent to: (1) Drug delegated to the Assistant Administrator [Docket No. DEA–392] Enforcement Administration, Attn: of the DEA Diversion Control Division Hearing Clerk/LJ, 8701 Morrissette (‘‘Assistant Administrator’’) pursuant to Importer of Controlled Substances Drive, Springfield, Virginia 22152; and section 7 of 28 CFR part 0, appendix to Application: AMRI Rensselaer, Inc. (2) Drug Enforcement Administration, subpart R. ACTION: Notice of application. Attn: DEA Federal Register In accordance with 21 CFR Representative/DRW, 8701 Morrissette 1301.34(a), this is notice that on March DATES: Registered bulk manufacturers of Drive, Springfield, Virginia 22152. 21, 2018, AMRI Rensselaer, 33 Riverside the affected basic classes, and Comments and requests for hearings on Ave., Rensselaer, NY 12144, applied to applicants therefore, may file written applications to import narcotic raw be registered as an importer of the comments on or objections to the material are not appropriate. 72 FR 3417 following basic class of controlled issuance of the proposed registration on (January 25, 2007). substance:

Controlled substance Drug code Schedule

Poppy Straw Concentrate ...... 9670 II

The company plans to import the ACTION: Notice of meetings. for the Arts, Washington, DC 20506; listed controlled substance to [email protected], or call 202/682–5696. manufacture bulk controlled substance SUMMARY: Pursuant to the Federal SUPPLEMENTARY INFORMATION: The for distribution to its customers. Advisory Committee Act, as amended, notice is hereby given that 2 meetings of closed portions of meetings are for the Dated: April 2, 2018. the Arts Advisory Panel to the National purpose of Panel review, discussion, Susan A. Gibson, Council on the Arts will be held by evaluation, and recommendations on Deputy Assistant Administrator. teleconference unless otherwise noted. financial assistance under the National [FR Doc. 2018–07165 Filed 4–6–18; 8:45 am] Foundation on the Arts and the DATES: See the SUPPLEMENTARY BILLING CODE 4410–09–P Humanities Act of 1965, as amended, INFORMATION section for individual including information given in meeting times and dates. All meetings confidence to the agency. In accordance are Eastern time and ending times are with the determination of the Chairman NATIONAL FOUNDATION ON THE approximate: of July 5, 2016, these sessions will be ARTS AND THE HUMANITIES ADDRESSES: National Endowment for the closed to the public pursuant to Arts, Constitution Center, 400 7th St. subsection (c)(6) of section 552b of title National Endowment for the Arts SW, Washington, DC 20506. 5, United States Code. The upcoming meetings are: Arts Advisory Panel Meetings FOR FURTHER INFORMATION CONTACT: Further information with reference to Literature Fellowships: Translation AGENCY: National Endowment for the these meetings can be obtained from Ms. Projects (review of applications): This Arts, National Foundation on the Arts Sherry P. Hale, Office of Guidelines & meeting will be closed. Date and time: and Humanities. Panel Operations, National Endowment May 16, 2018; 3:00 p.m. to 5:00 p.m.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15177

Literature Fellowships: Translation • Science of Science Communications NATIONAL SCIENCE FOUNDATION Projects (review of applications): This • Future Meetings, Assignments and Proposal Review Panel for meeting will be closed. Date and time: Concluding Remarks May 17, 2018; 3:00 p.m. to 5:00 p.m. International Science and Engineering; Dated: April 4, 2018. Notice of Meeting Dated: April 4, 2018. Crystal Robinson, Sherry P. Hale, In accordance with the Federal Committee Management Officer. Staff Assistant, National Endowment for the Advisory Committee Act (Pub. L. 92– Arts. [FR Doc. 2018–07208 Filed 4–6–18; 8:45 am] 463, as amended), the National Science [FR Doc. 2018–07178 Filed 4–6–18; 8:45 am] BILLING CODE 7555–01–P Foundation (NSF) announces the BILLING CODE 7537–01–P following meeting: Name and Committee Code: Proposal NATIONAL SCIENCE FOUNDATION Review Panel for International Science NATIONAL SCIENCE FOUNDATION and Engineering—PIRE: Halting Sunshine Act Meetings: National Environmental Antimicrobial Resistance Advisory Committee for Social, Science Board Dissemination (HEARD)—Site Visit Behavioral and Economic Sciences; Date and Time: Notice of Meeting The National Science Board’s April 30, 2018 9:00 a.m.–9:00 p.m. Committee on External Engagement May 1, 2018 8:00 a.m.–4:30 p.m. In accordance with the Federal (EE), pursuant to NSF regulations (45 Place: Virginia Polytechnic Institute Advisory Committee Act (Pub. L. 92– CFR part 614), the National Science and State University, Department of 463, as amended), the National Science Foundation Act, as amended (42 U.S.C. Civil & Environmental Engineering, Foundation (NSF) announces the 1862n–5), and the Government in the Blacksburg, VA 24061–0001. following meeting: Sunshine Act (5 U.S.C. 552b), hereby Type of Meeting: Part open. Name and Committee Code: Advisory gives notice of the scheduling of a Contact Person: Cassandra Dudka, Committee for Social, Behavioral and teleconference for the transaction of PIRE Program Manager, National Economic Sciences (#1171). National Science Board business, as Science Foundation, 2415 Eisenhower Date and Time: May 10, 2018; 9:00 follows: Avenue, Alexandria, VA 22314; a.m. to 5:00 p.m., May 11, 2018; 8:30 Telephone 703–292–7250. a.m. to 1:30 p.m. TIME AND DATE: Friday, April 13, 2018 Purpose of Meeting: NSF site visit to Place: National Science Foundation, at 2:00–3:00 p.m. EDT. conduct a review during year 3 of the 2415 Eisenhower Avenue, Room PLACE: This meeting will be held by five-year award period. To conduct an W2210/W2220, Alexandria, VA 22314. teleconference at the National Science in-depth evaluation of performance, to Type of Meeting: Open. Foundation, 2415 Eisenhower Avenue, Contact Person: Dr. Deborah Olster, assess progress towards goals, and to Alexandria, VA 22314. An audio link Office of the Assistant Director, provide recommendations. will be available for the public. Directorate for Social, Behavioral and Agenda: See attached. Members of the public must contact the Economic Sciences, National Science Reason for Closing: Topics to be Board Office to request the public audio Foundation, 2415 Eisenhower Avenue, discussed and evaluated during closed link by sending an email to Alexandria, VA 22314; Telephone: 703– portions of the site review will include [email protected] at least 24 292–8700. information of a proprietary or Summary of Minutes: Posted on SBE hours prior to the teleconference. confidential nature, including technical information; and information on advisory committee website at: https:// STATUS: Open. www.nsf.gov/sbe/advisory.jsp. personnel. These matters are exempt Purpose of Meeting: To provide MATTERS TO BE CONSIDERED: Discuss under 5 U.S.C.552b(c), (4) and (6) of the advice and recommendations to the plans for upcoming National Science Government in the Sunshine Act. National Science Foundation on major Board listening sessions; review Dated: April 4, 2018. goals and policies pertaining to Social, committee accomplishments during the Crystal Robinson, past two years; identify future directions Behavioral and Economic Sciences Committee Management Officer. Directorate (SBE) programs and and opportunities for the committee activities. during the Board’s next term in Heard PIRE NSF Site Visit Agenda— preparation for the May board meeting. Virginia Tech Agenda CONTACT PERSON FOR MORE INFORMATION: April 30, 2018 • SBE Directorate Update • Point of contact for this meeting is: 8:00 a.m.–9:00 a.m. Breakfast (on your NSF Partnerships Nadine Lymn ([email protected]), 2415 • National Academies of Sciences, own) Eisenhower Avenue, Alexandria, VA Engineering, and Medicine (NASEM) 9:00 a.m.–10:30 a.m. Introductions 22314. Reproducibility and Replicability in PIRE Rationale and Goals Science Study Meeting information and updates may Management/Budgets • National Center for Sciences and be found at https://www.nsf.gov/nsb/ 10:30 a.m.–10:45 a.m. NSF Executive Engineering Statistics (NCSES) meetings/notices.jsp#sunshine. Please Session/Break (CLOSED) Updates refer to the National Science Board 10:45 a.m.–12:15 p.m. Research • Implicit Bias Workshop Report website at www.nsf.gov/nsb for general Presentations • Strategic Planning/Grand Challenges information. Peter Vikesland/Amy Pruden— in the SBE Sciences Virginia Tech • NSF Big Idea Updates Chris Blair, Qi Lin Li—Rice • Report on the Advisory Committee for Executive Assistant to the National Science Diana Aga—U. Buffalo Environmental Research and Board Office. Krista Wigginton—U. Michigan Education (AC–ERE) activities [FR Doc. 2018–07329 Filed 4–5–18; 4:15 pm] 12:15 p.m.–12:45 p.m. Poster • Meeting with NSF Leadership BILLING CODE 7555–01–P Session—PIRE students

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15178 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

12:45 p.m.–1:30 p.m. NSF Executive reasonable assurance that the facility series was developed to describe and lunch with students can be operated without undue risk to make available to the public information 1:30 p.m.–1:45 p.m. NSF Executive the health and safety of the public. regarding methods that are acceptable to Session/Break (CLOSED) DATES: Revision 0 to RG 1.232 is the NRC staff for implementing specific 1:45 p.m.–2:30 p.m. Glenda Kelly— available on April 9, 2018. parts of the agency’s regulations, External Evaluation of HEARD ADDRESSES: Please refer Docket ID NRC– techniques that the NRC staff uses in 2:30 p.m.–3:00 p.m. Representatives 2017–0016 when contacting the NRC evaluating specific issues or postulated from VT Graduate School— about the availability of information events, and data that the NRC staff Institutional Support regarding this document. You may needs in its review of applications for 3:00 p.m.–4:00 p.m. obtain publicly-available information permits and licenses. Integrating Research and Education related to this document using any of II. Additional Information Partnerships the following methods: Future Plans • Federal Rulemaking website: Go to The NRC published a notice of the 4:00 p.m.–4:15 p.m. NSF Executive http://www.regulations.gov and search availability of DG–1330 in the Federal Session/Break (CLOSED) for Docket ID NRC–2017–0016. Address Register on February 3, 2017, Volume 4:15 p.m.–5:00 p.m. Facility Tour— questions about NRC dockets to Jennifer 82, No. 22, page 9246, for a 60-day ICTAS II, Kelly Hall laboratories Borges; telephone: 301–287–9127; public comment period. The public 5:00 p.m.–5:30 p.m. Wrap up email: [email protected]. For comment period closed on April 4, 5:30 p.m.–6:30 p.m. NSF Executive technical questions, contact the 2017. DG–1330 and public comments on Session/Break (CLOSED) individuals listed in the FOR FURTHER DG–1330, along with the staff responses 6:30 p.m. Critical Feedback Provided INFORMATION CONTACT section of this to the public comments are available to PI document. under ADAMS Accession Nos. 7:00 p.m.–9:00 p.m. NSF Executive • NRC’s Agencywide Documents ML16301A307 and ML17325A616, Session/Working Dinner (CLOSED) Access and Management System respectively. May 1, 2018 (ADAMS): You may obtain publicly- available documents online in the III. Congressional Review Act 7:00 a.m.–8:00 a.m. Breakfast (on your ADAMS Public Documents collection at own) This RG is a rule as defined in the http://www.nrc.gov/reading-rm/ Congressional Review Act (5 U.S.C. 8:00 a.m.–10:00 a.m. Summary/ adams.html. To begin the search, select Research Team Given Critical 801–808). However, the Office of ‘‘ADAMS Public Documents’’ and then Management and Budget has not found Feedback select ‘‘Begin Web-based ADAMS 10:00 a.m.–4:00 p.m. Site Review it to be a major rule as defined in the Search.’’ For problems with ADAMS, Congressional Review Act. Team Prepares Site Visit Report please contact the NRC’s Public (Working Lunch Provided) Document Room (PDR) reference staff at IV. Backfitting and Issue Finality 4:15 p.m. Presentation of Site Visit 1–800–397–4209, 301–415–4737, or by Report to Principal Investigator email to [email protected]. The RG 1.232 provides guidance for establishing the PDC for non-light water [FR Doc. 2018–07209 Filed 4–6–18; 8:45 am] ADAMS accession number for each reactor nuclear power plants. The BILLING CODE 7555–01–P document referenced (if it is available in ADAMS) is provided the first time that purpose of RG 1.232 is to provide it is mentioned in this document. regulatory guidance to assist the NRC Revision 0 to RG 1.232 and the staff and future applicants. RGs are not NUCLEAR REGULATORY regulatory requirements. Applications COMMISSION regulatory analysis may be found in ADAMS under Accession Nos. for a construction permit, design [NRC–2017–0016] ML17325A611 and ML16330A179 certification, combined license, respectively. standard design approval, or Guidance for Developing Principal • NRC’s PDR: You may examine and manufacturing license are required by Design Criteria for Non-Light Water purchase copies of public documents at section 50.34(a)(3) of title 10 of the Code Reactors the NRC’s PDR, Room O1–F21, One of Federal Regulations (10 CFR), 10 CFR White Flint North, 11555 Rockville 52.47(a)(3)(i), 10 CFR 52.79(a)(4)(i), 10 AGENCY: Nuclear Regulatory CFR 52.137(a)(3)(i), and 10 CFR Commission. Pike, Rockville, Maryland 20852. Regulatory guides are not 52.157(a), respectively, to include the ACTION: Regulatory guide; issuance. copyrighted, and NRC approval is not PDC for the facility in their applications. The non-light water reactor design SUMMARY: The U.S. Nuclear Regulatory required to reproduce them. criteria in RG 1.232 provides guidance Commission (NRC) is issuing Revision 0 FOR FURTHER INFORMATION CONTACT: Jan intended to support the development of to Regulatory Guide (RG) 1.232, Mazza, Office of New Reactors, the PDC. ‘‘Guidance for Developing Principal telephone 301–415–0498, email: Design Criteria for Non-Light Water [email protected] and Stanley Issuance of this RG does not Reactors.’’ This new RG provides Gardocki, Office of Nuclear Regulatory constitute backfitting as defined in 10 designers, applicants, and licensees of Research, telephone: 301–415–1067, CFR 50.109 (referred to as the Backfit non-light water nuclear reactors email: [email protected]. Both Rule) and is not otherwise inconsistent guidance for developing principal are staff of the U.S. Nuclear Regulatory with the issue finality provisions in 10 design criteria (PDC) for a proposed Commission, Washington, DC 20555– CFR part 52. As discussed in the facility. The PDC establish the necessary 0001. ‘‘Implementation’’ section of this RG, design, fabrication, construction, SUPPLEMENTARY INFORMATION: the NRC has no current intention to testing, and performance requirements impose this guidance on any current for structures, systems, and components I. Discussion licensees. important to safety; that is, structures, The NRC is issuing a new guide in the Dated at Rockville, Maryland, this 4th day systems, and components that provide NRC’s ‘‘Regulatory Guide’’ series. This of April 2018.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15179

For the Nuclear Regulatory Commission. Week of May 14, 2018—Tentative Nuclear Regulatory Commission (NRC) Thomas H. Boyce, There are no meetings scheduled for considers acceptable for complying with Chief, Regulatory Guidance and Generic the week of May 14, 2018. the provisions of the regulations. Issues Branch, Division of Engineering, Office DATES: Revision 0 to RG 1.234 is of Nuclear Regulatory Research. * * * * * The schedule for Commission available on April 9, 2018. [FR Doc. 2018–07214 Filed 4–6–18; 8:45 am] meetings is subject to change on short ADDRESSES: Please refer to Docket ID BILLING CODE 7590–01–P notice. For more information or to verify NRC–2017–0171 when contacting the the status of meetings, contact Denise NRC about the availability of information regarding this document. NUCLEAR REGULATORY McGovern at 301–415–0681 or via email at [email protected]. You may obtain publicly-available COMMISSION information related to this document * * * * * [NRC–2018–0001] The NRC Commission Meeting using any of the following methods: • Federal Rulemaking Website: Go to Schedule can be found on the internet Sunshine Act Meetings http://www.regulations.gov and search at: http://www.nrc.gov/public-involve/ for Docket ID NRC–2017–0171. Address public-meetings/schedule.html. DATE: Weeks of April 9, 16, 23, 30, May questions about NRC dockets to Jennifer 7, 14, 2018. * * * * * Borges; telephone: 301–415–3463; PLACE: Commissioners’ Conference The NRC provides reasonable email: [email protected]. For Room, 11555 Rockville Pike, Rockville, accommodation to individuals with technical questions, contact the Maryland. disabilities where appropriate. If you individuals listed in the FOR FURTHER need a reasonable accommodation to STATUS: Public and Closed. INFORMATION CONTACT section of this participate in these public meetings, or document. Week of April 9, 2018 need this meeting notice or the • NRC’s Agencywide Documents transcript or other information from the Tuesday, April 10, 2018 Access and Management System public meetings in another format (e.g., (ADAMS): You may obtain publicly- 10:00 a.m. Briefing on the Annual braille, large print), please notify available documents online in the Threat Environment (Closed Ex. 1) Kimberly Meyer-Chambers, NRC ADAMS Public Documents collection at Disability Program Manager, at 301– Thursday, April 12, 2018 http://www.nrc.gov/reading-rm/ 287–0739, by videophone at 240–428– adams.html. To begin the search, select 9:00 a.m. Briefing on Accident Tolerant 3217, or by email at Kimberly.Meyer- ‘‘ADAMS Public Documents’’ and then Fuel (Public), (Contact: Andrew [email protected]. Determinations on select ‘‘Begin Web-based ADAMS Proffitt: 301–415–1418) requests for reasonable accommodation Search.’’ For problems with ADAMS, This meeting will be webcast live at will be made on a case-by-case basis. please contact the NRC’s Public the Web address—http://www.nrc.gov/. * * * * * Document Room (PDR) reference staff at Week of April 16, 2018—Tentative Members of the public may request to 1–800–397–4209, 301–415–4737, or by receive this information electronically. email to [email protected]. The There are no meetings scheduled for If you would like to be added to the ADAMS accession number for each the week of April 16, 2018. distribution, please contact the Nuclear document referenced (if it is available in Week of April 23, 2018—Tentative Regulatory Commission, Office of the ADAMS) is provided the first time that Secretary, Washington, DC 20555 (301– it is mentioned in this document. Tuesday, April 24, 2018 415–1969), or you may email • NRC’s PDR: You may examine and 9:00 a.m. Briefing on Advanced Reactors [email protected] or purchase copies of public documents at (Public), (Contact: Lucieann [email protected]. the NRC’s PDR, Room O1–F21, One Vechioli: 301–415–6035) Dated: April 5, 2018. White Flint North, 11555 Rockville This meeting will be webcast live at Denise L. McGovern, Pike, Rockville, Maryland 20852. the Web address—http://www.nrc.gov/. Regulatory guides are not Policy Coordinator, Office of the Secretary. copyrighted, and NRC approval is not Thursday, April 26, 2018 [FR Doc. 2018–07372 Filed 4–5–18; 4:15 pm] required to reproduce them. 9:00 a.m. Strategic Programmatic BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: Paul Overview of the Fuel Facilities and Prescott, Office of New Reactors, the Nuclear Materials Users telephone: 301–415–3026, email: Business Lines (Public Meeting), NUCLEAR REGULATORY COMMISSION [email protected] and Stephen (Contact: Mahmoud Jardaneh: 301– Burton, Office of Nuclear Regulatory 415–4126 or Soly Soto Lugo: 301– [NRC–2017–0171] Research, telephone: 301–415–7000, 415–7528) email: [email protected]. Both This meeting will be webcast live at Evaluating Deviations and Reporting are staff of the U.S. Nuclear Regulatory the Web address—http://www.nrc.gov/. Defects and Noncompliance Commission, Washington, DC 20555– Week of April 30, 2018—Tentative AGENCY: Nuclear Regulatory 0001. Commission. SUPPLEMENTARY INFORMATION: There are no meetings scheduled for the week of April 30, 2018. ACTION: Regulatory guide; issuance. I. Discussion Week of May 7, 2018—Tentative SUMMARY: The U.S. Nuclear Regulatory The NRC is issuing a new guide in the Commission (NRC) is issuing Revision 0 NRC’s ‘‘Regulatory Guide’’ series. This Thursday, May 10, 2018 to Regulatory Guide (RG) 1.234, series was developed to describe and 10:00 a.m. Briefing on Security Issues ‘‘Evaluating Deviations and Reporting make available to the public information (Closed Ex. 1) Defects and Noncompliance Under 10 regarding methods that are acceptable to 2:00 p.m. Briefing on Security Issues CFR Part 21.’’ This RG describes the NRC staff for implementing specific (Closed Ex. 1) methods that the staff of the U.S. parts of the agency’s regulations,

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15180 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

techniques that the NRC staff uses in SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 evaluating specific issues or postulated recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 events, and data that the NRC staff Commission’s consideration concerning CFR part 3020, subpart B. For request(s) needs in its review of applications for negotiated service agreements. This that the Postal Service states concern permits and licenses. notice informs the public of the filing, competitive product(s), applicable Revision 0 of RG 1.234 was issued invites public comment, and takes other statutory and regulatory requirements with a temporary identification of Draft administrative steps. include 39 U.S.C. 3632, 39 U.S.C. 3633, Regulatory Guide, DG–1291. This RG DATES: Comments are due: April 10, 39 U.S.C. 3642, 39 CFR part 3015, and describes methods that the NRC staff 2018. 39 CFR part 3020, subpart B. Comment considers acceptable for complying with deadline(s) for each request appear in ADDRESSES: Submit comments the provisions of part 21 of title 10 of electronically via the Commission’s section II. the Code of Federal Regulations (10 Filing Online system at http:// II. Docketed Proceeding(s) CFR), Reporting of Defects and www.prc.gov. Those who cannot submit 1. Docket No(s).: CP2018–194; Filing Noncompliance. comments electronically should contact Title: Notice of United States Postal the person identified in the FOR FURTHER II. Additional Information Service of Filing a Functionally INFORMATION CONTACT section by The NRC published a notice of the Equivalent Global Expedited Package telephone for advice on filing availability of DG–1291 in the Federal Services 7 Negotiated Service alternatives. Register on August 4, 2017 (Volume 82 Agreement and Application for Non- FR page 36457) for a 60-day public FOR FURTHER INFORMATION CONTACT: Public Treatment of Materials Filed comment period. The public comment David A. Trissell, General Counsel, at Under Seal; Filing Acceptance Date: period closed on October 3, 2017. Public 202–789–6820. April 2, 2018; Filing Authority: 39 CFR comments on DG–1291 and the staff SUPPLEMENTARY INFORMATION: 3015.50; Public Representative: Curtis E. responses to the public comments are Table of Contents Kidd; Comments Due: April 10, 2018. available under ADAMS under This Notice will be published in the Accession No. ML17338A074. I. Introduction Federal Register. II. Docketed Proceeding(s) III. Congressional Review Act Stacy L. Ruble, I. Introduction This RG is a rule as defined in the Secretary. Congressional Review Act (5 U.S.C. The Commission gives notice that the [FR Doc. 2018–07120 Filed 4–6–18; 8:45 am] 801–808). However, the Office of Postal Service filed request(s) for the BILLING CODE 7710–FW–P Management and Budget has not found Commission to consider matters related it to be a major rule as defined in the to negotiated service agreement(s). The POSTAL REGULATORY COMMISSION Congressional Review Act. request(s) may propose the addition or removal of a negotiated service IV. Backfitting and Issue Finality agreement from the market dominant or [Docket No. CP2018–195] This RG approves a method for the competitive product list, or the evaluating and reporting defects under modification of an existing product New Postal Product currently appearing on the market 10 CFR part 21. Issuance of this RG AGENCY: Postal Regulatory Commission. would not constitute backfitting as dominant or the competitive product defined in 10 CFR 50.109 (the Backfit list. ACTION: Notice. Section II identifies the docket Rule) and would not otherwise be SUMMARY: The Commission is noticing a inconsistent with the issue finality number(s) associated with each Postal Service request, the title of each Postal recent Postal Service filing for the provisions in 10 CFR part 52. As Commission’s consideration concerning discussed in the ‘‘Implementation’’ Service request, the request’s acceptance date, and the authority cited by the negotiated service agreements. This section of this RG, the NRC has no notice informs the public of the filing, current intention to impose this guide, Postal Service for each request. For each request, the Commission appoints an invites public comment, and takes other if finalized, on holders of current administrative steps. operating licenses or combined licenses. officer of the Commission to represent the interests of the general public in the DATES: Comments are due: April 11, Dated at Rockville, Maryland, this 3rd day proceeding, pursuant to 39 U.S.C. 505 2018. of April, 2018. (Public Representative). Section II also ADDRESSES: Submit comments For the Nuclear Regulatory Commission. establishes comment deadline(s) Thomas H. Boyce, electronically via the Commission’s pertaining to each request. Filing Online system at http:// Chief, Regulatory Guidance and Generic The public portions of the Postal www.prc.gov. Those who cannot submit Issues Branch, Division of Engineering, Office Service’s request(s) can be accessed via comments electronically should contact of Nuclear Regulatory Research. the Commission’s website (http:// the person identified in the FOR FURTHER [FR Doc. 2018–07118 Filed 4–6–18; 8:45 am] www.prc.gov). Non-public portions of INFORMATION CONTACT section by BILLING CODE 7590–01–P the Postal Service’s request(s), if any, telephone for advice on filing can be accessed through compliance alternatives. with the requirements of 39 CFR POSTAL REGULATORY COMMISSION 3007.40. FOR FURTHER INFORMATION CONTACT: The Commission invites comments on David A. Trissell, General Counsel, at [Docket No. CP2018–194] whether the Postal Service’s request(s) 202–789–6820. in the captioned docket(s) are consistent SUPPLEMENTARY INFORMATION: New Postal Product with the policies of title 39. For Table of Contents AGENCY: Postal Regulatory Commission. request(s) that the Postal Service states concern market dominant product(s), ACTION: Notice. I. Introduction applicable statutory and regulatory II. Docketed Proceeding(s)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15181

I. Introduction This Notice will be published in the reasons for so finding or as to which the Federal Register. self-regulatory organization consents, The Commission gives notice that the Stacy L. Ruble, the Commission shall either approve the Postal Service filed request(s) for the Secretary. proposed rule change, disapprove the Commission to consider matters related [FR Doc. 2018–07200 Filed 4–6–18; 8:45 am] proposed rule change, or institute to negotiated service agreement(s). The BILLING CODE 7710–FW–P proceedings to determine whether the request(s) may propose the addition or proposed rule change should be removal of a negotiated service disapproved. The 45th day after agreement from the market dominant or SECURITIES AND EXCHANGE publication of the notice for this the competitive product list, or the COMMISSION proposed rule change is April 6, 2018. modification of an existing product The Commission is extending this 45- [Release No. 34–82984; File No. SR– day time period. currently appearing on the market CboeBZX–2018–010] dominant or the competitive product The Commission finds that it is list. Self-Regulatory Organizations; Cboe appropriate to designate a longer period Section II identifies the docket BZX Exchange, Inc.; Notice of within which to take action on the number(s) associated with each Postal Designation of a Longer Period for proposed rule change so that it has Service request, the title of each Postal Commission Action on a Proposed sufficient time to consider the proposed Service request, the request’s acceptance Rule Change To Adopt BZX Rule rule change and the comment letters. 14.11(k) To Permit the Listing and date, and the authority cited by the Accordingly, the Commission, pursuant Trading of Managed Portfolio Shares 6 Postal Service for each request. For each to Section 19(b)(2) of the Act, and To List and Trade Shares of the designates May 21, 2018, as the date by request, the Commission appoints an ClearBridge Appreciation ETF, officer of the Commission to represent which the Commission shall either ClearBridge Large Cap ETF, approve or disapprove, or institute the interests of the general public in the ClearBridge MidCap Growth ETF, proceedings to determine whether to proceeding, pursuant to 39 U.S.C. 505 ClearBridge Select ETF, and disapprove, the proposed rule change (Public Representative). Section II also ClearBridge All Cap Value ETF (File Number SR–CboeBZX–2018–010). establishes comment deadline(s) pertaining to each request. April 3, 2018. For the Commission, by the Division of On February 5, 2018, Cboe BZX Trading and Markets, pursuant to delegated The public portions of the Postal Exchange, Inc. (‘‘Exchange’’) filed with authority.7 Service’s request(s) can be accessed via the Securities and Exchange Eduardo A. Aleman, the Commission’s website (http:// Commission (‘‘Commission’’), pursuant www.prc.gov). Non-public portions of Assistant Secretary. to Section 19(b)(1) of the Securities [FR Doc. 2018–07112 Filed 4–6–18; 8:45 am] the Postal Service’s request(s), if any, Exchange Act of 1934 (‘‘Act’’) 1 and Rule can be accessed through compliance 19b–4 thereunder,2 a proposed rule BILLING CODE 8011–01–P with the requirements of 39 CFR change to adopt new Rule 14.11(k) to 3007.40. permit it to list and trade Managed SECURITIES AND EXCHANGE Portfolio Shares. The Exchange also The Commission invites comments on COMMISSION whether the Postal Service’s request(s) proposed to list and trade shares of in the captioned docket(s) are consistent ClearBridge Appreciation ETF, ClearBridge Large Cap ETF, ClearBridge [Release No. 34–82983; File No. SR–OCC– with the policies of title 39. For 2018–007] request(s) that the Postal Service states MidCap Growth ETF, ClearBridge Select ETF, and ClearBridge All Cap Value concern market dominant product(s), ETF under proposed Rule 14.11(k). The Self-Regulatory Organizations; The applicable statutory and regulatory proposed rule change was published for Options Clearing Corporation; Notice requirements include 39 U.S.C. 3622, 39 comment in the Federal Register on of Filing of Proposed Rule Change U.S.C. 3642, 39 CFR part 3010, and 39 February 20, 2018.3 The Commission Related to The Options Clearing CFR part 3020, subpart B. For request(s) has received three comment letters on Corporation’s Trade Acceptance and that the Postal Service states concern the proposed rule change.4 Novation Rules competitive product(s), applicable Section 19(b)(2) of the Act 5 provides April 3, 2018. statutory and regulatory requirements that, within 45 days of the publication include 39 U.S.C. 3632, 39 U.S.C. 3633, of notice of the filing of a proposed rule Pursuant to Section 19(b)(1) of the 39 U.S.C. 3642, 39 CFR part 3015, and change, or within such longer period up Securities Exchange Act of 1934 39 CFR part 3020, subpart B. Comment to 90 days as the Commission may (‘‘Act’’),1 and Rule 19b–4 thereunder,2 deadline(s) for each request appear in designate if it finds such longer period notice is hereby given that on March 23, section II. to be appropriate and publishes its 2018, The Options Clearing Corporation (‘‘OCC’’) filed with the Securities and II. Docketed Proceeding(s) 1 15 U.S.C. 78s(b)(1). Exchange Commission (‘‘Commission’’) 2 17 CFR 240.19b–4. the proposed rule change as described 1. Docket No(s).: CP2018–195; Filing 3 See Securities Exchange Act Release No. 82705 in Items I, II, and III below, which Items Title: Notice of United States Postal (February 13, 2018), 83 FR 7256. have been prepared by OCC. The 4 See letters from: (1) Todd J. Broms, Chief Service of Filing a Functionally Commission is publishing this notice to Equivalent Global Reseller Expedited Executive Officer, Broms & Company LLC, dated March 13, 2018; (2) Simon P. Goulet, Co-Founder, solicit comments on the proposed rule Package 2 Negotiated Service Blue Tractor Group, LLC, dated March 19, 2018; change from interested persons. Agreement; Filing Acceptance Date: and (3) Terence W. Norman, Founder, Blue Tractor April 3, 2018; Filing Authority: 39 CFR Group, LLC, dated March 20, 2018. The comment letters are available at https://www.sec.gov/ 6 Id. 3015.50; Public Representative: Curtis E. comments/sr-cboebzx-2018-010/cboebzx 7 17 CFR 200.30–3(a)(31). Kidd; Comments Due: April 11, 2018. 2018010.htm. 1 15 U.S.C. 78s(b)(1). 5 15 U.S.C. 78s(b)(2). 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15182 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

I. Clearing Agency’s Statement of the and (3) delete provisions that apply only differently for different products that Terms of Substance of the Proposed to certain dormant products that OCC meet the definition of a Confirmed Rule Change no longer clears and settles or that are Trade, but Article VI, Section 5 of the The proposed rule change by OCC no longer applicable to OCC’s current By-Laws (regarding OCC’s obligations) concerns modifications to OCC’s By- clearing processes. generally defines it as the time at which Laws and Rules to: (1) Clarify the time Background OCC makes available to Clearing at which OCC accepts and novates the Members a Daily Position Report transactions that it clears; (2) streamline Acceptance and Novation Timing reflecting the Confirmed Trade.9 provisions in the By-Laws and Rules Specifying a clear time at which OCC Pursuant to Article VI, Section 7 of the related to acceptance, novation and accepts transactions for clearance and By-Laws (regarding the reporting of trade reporting; and (3) delete settlement is important to Clearing Confirmed Trades) this acceptance is provisions that apply only to certain Members because that is the time under subject to the condition that the dormant products that OCC no longer OCC’s By-Laws and Rules at which the Exchange or OTC Trade Source on clears and settles or that are no longer following events occur: (1) OCC is which the transaction occurred has applicable to OCC’s current clearing substituted through novation as the reported to OCC, during such times as processes. central counterparty (‘‘CCP’’) to each OCC has prescribed, certain information The proposed amendments to OCC’s Clearing Member that was an initial regarding the Confirmed Trade and that By-Laws and Rules can be found in party to the transaction; (2) the rights of such information passes OCC’s initial Exhibits 5A and 5B to the filing, the initial Clearing Member parties to respectively. Material proposed to be the transaction become solely as against validation checks. added to OCC’s By-Laws and Rules as OCC; and (3) OCC becomes obligated to Under Article VI, Section 8 of the By- currently in effect is marked by each Clearing Member in accordance Laws, OCC generally has no right (other underlining and material proposed to be with the By-Laws and Rules.5 than regarding certain types of deleted is marked with strikethrough Acceptance of transactions is important Confirmed Trades discussed below) to text. Because proposed Rules 403 to Clearing Members because, among reject a Confirmed Trade due to the through 406 in Chapter IV are new and other things, settlement obligations failure of the Purchasing Clearing are based on provisions relocated from associated with transactions that OCC Member to pay any amount due to OCC Article VI of OCC’s By-Laws, accepts and novates are generally at or before the settlement time. This underlining and strikethrough text have guaranteed by OCC based upon certain means that transactions in most been omitted with respect to those rules financial safeguards it maintains as a products that are Confirmed Trades will in order to enhance their readability. CCP consistent with its responsibilities inevitably be accepted for clearing and under the Act and relevant regulations All terms with initial capitalization novated at the Commencement Time that are not otherwise defined herein thereunder.6 simply due to the passage of time.10 have the same meaning as set forth in Current Acceptance and Novation of Therefore, most Confirmed Trades are the By-Laws and Rules.3 Confirmed Trades functionally novated under the current II. Clearing Agency’s Statement of the Under OCC’s current By-Laws and By-Laws and Rules upon proper Purpose of, and Statutory Basis for, the Rules, a user must parse through a submission to OCC for clearing. Proposed Rule Change number of definitions and provisions in Different Commencement Times and various locations to identify that time at In its filing with the Commission, Rejection Rights for Certain Confirmed OCC included statements concerning which acceptance and novation occur. Trades the purpose of and basis for the The term Confirmed Trade is defined in proposed rule change and discussed any OCC’s By-Laws to include all of the Certain categories of Confirmed comments it received on the proposed products for which OCC currently Trades, however, are not subject to the rule change. The text of these statements provides clearance and settlement general Commencement Time described services, with the exception of certain may be examined at the places specified above, and OCC retains certain rights to Stock Loan 7 transactions. Under OCC’s in Item IV below. OCC has prepared reject such transactions. Specifically, summaries, set forth in sections (A), (B), current By-Laws, a Confirmed Trade 8 is novated upon OCC’s acceptance, but Article VI, Section 5 of the By-Laws and (C) below, of the most significant excludes the products described below aspects of these statements. acceptance is not deemed to occur until a designated Commencement Time. from the general Commencement Time (A) Clearing Agency’s Statement of the Commencement Time is defined and alternate definitions of Purpose of, and Statutory Basis for, the Commencement Time are set forth as Proposed Rule Change 5 See, e.g., Article VI, Section 5 of the By-Laws. follows: (1) Purpose 6 See generally 15 U.S.C. 78q–1; 17 CFR 240.17Ad–22. 9 This typically occurs at the end of each business 7 The purpose of this proposed rule See Article I, Section 1.S.(21) of the By-Laws. day. The term Stock Loan may refer to either a Hedge change is to amend OCC’s By-Laws and 10 An Exchange or OTC Trade Source, however, Loan that is part of OCC’s Stock Loan/Hedge may instruct OCC to disregard a transaction that it Rules to: (1) Clarify the time at which Program or a Market Loan that is part of OCC’s 4 OCC accepts and novates the Market Loan Program. Matters regarding the previously reported as a Confirmed Trade ‘‘because transactions that it clears; (2) streamline acceptance and novation of these products is of a subsequent determination that (i) the trade addressed separately below. information submitted by the Purchasing Clearing provisions in the By-Laws and Rules Member and Selling Clearing Member did not agree, related to trade reporting and novation; 8 Under OCC’s By-Laws, a Confirmed Trade is defined as ‘‘a transaction for the purchase, writing, (ii) the trade information did not contain all the or sale of a cleared contract, or for the closing out information required by the Corporation as set forth 3 OCC’s By-Laws and Rules can be found on of a long or short position in a cleared contract, that in the By-Laws and Rules, or (iii) new or revised OCC’s public website: http://optionsclearing.com/ is (i) effected on or through the facilities of an trade information was required to properly clear the about/publications/bylaws.jsp. Exchange and submitted to the Corporation for transaction.’’ See Article VI, Section 7 of the OCC 4 In this context, novation is the process through clearance or (ii) affirmed through the facilities of an By-Laws. This authority would be preserved and which OCC is substituted as the buyer to the seller OTC Trade Source and submitted to the relocated into OCC’s Rules in connection with the and the seller to the buyer for each cleared contact. Corporation for clearance.’’ proposed changes described herein.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15183

(1) Futures issued in exchange-for- in which the transaction is effected; 19 of the point after which OCC does not physical transactions,11 block trades,12 and have authority to reject such or other trades designated as non- (3) Backloaded OTC Options—in the transactions for clearing.24 Eliminating competitively executed—the time after event the Selling Clearing Member does the concept of Commencement Time the transaction is reported to OCC that not meet its regular morning settlement also necessitates the deletion of the term OCC receives the first variation obligation on the business day following from the defined terms that appear in 20 settlement payment; 13 the reporting of the trade to OCC. Article I, Section 1 of the By-Laws and (2) Cross-rate FX options and FX Proposed Changes to Acceptance and replacing all references to index options—the time that is three Novation Rules Commencement Time with references to hours following the settlement time of the time at which OCC accepts a Proposed Uniform Acceptance and the Confirmed Trade in which such transaction for clearing. This change Novation Timing for Nearly All contract was purchased; 14 and requires amendments to OCC’s By-Laws, Confirmed Trades (3) OTC Options (other than specifically, amendments to the Article Backloaded OTC Options)—the time To provide greater certainty and I definition of ‘‘American; American- when a report of OCC’s acceptance is clarity to Clearing Members and other style,’’ Article VI, Sections 5 and 6,25 made available to Clearing Members interested parties regarding the Section 12 of Article VI, and Section 7 acceptance and novation timing for through OCC’s clearing system.15 of Article XII. transactions that OCC clears and settles, For Backloaded OTC Options, the OCC is proposing to amend the As part of this proposed rule change, transaction is not accepted until the substance of Article VI, Section 5 of the OCC also proposes to clarify the trade Selling Clearing Member has met its By-Laws 21 to set forth a uniform information required to be submitted by regular morning settlement obligation acceptance and novation time for nearly the participant Exchange to OCC as a on the business day following the all Confirmed Trades. As described in condition to acceptance and novation. reporting of the trade to OCC.16 more detail below, OCC would retain For options transactions, Rule In addition to the separate exceptions from the uniform acceptance 401(a)(1)(i) would provide that these Commencement Times for these types of and novation time for Confirmed Trades terms include: (a) The identity of the Confirmed Trades, OCC also currently in Backloaded OTC Options and Purchasing Clearing Member and has certain authority to reject such Confirmed Trades in futures issued in Writing Clearing Member to the trades due to the failure of the exchange-for-physical transactions, transaction; (b) the clearing date; (c) the Purchasing Clearing Member to pay an block trades, or other trades designated transaction time; (d) the trade source; (e) amount due to OCC at or before the as non-competitively executed. the trade quantity; (f) the trade price; (g) applicable settlement time.17 In contrast To accomplish this, OCC proposes to the security type; (h) the ticker symbol; to most other types of Confirmed eliminate the concept of (i) the series/contract date; (j) whether Trades, this means that OCC continues Commencement Time and instead deem the trade is a put or a call; (k) the strike to have authority to reject these nearly all Confirmed Trades to be price; (l) whether the trade is a purchase transactions even after they are properly accepted and simultaneously novated or a sale; (m) the account type; (n) the submitted for clearing. OCC’s authority when they are reported to OCC and the allocation indicator, if applicable; (o) to reject these types of Confirmed related position information has been the CMTA indicator, if applicable; (p) Trades arises under the following recorded in OCC’s clearing system 22 the Give-Up Clearing Member, if circumstances: (which occurs on a real-time basis). applicable; (q) the trade type, including, This would, however, be subject to the in the case of futures options, whether (1) Futures issued in exchange-for- condition that the required transaction the transaction is a block trade, physical transactions, block trades, or information reported to OCC by the exchange-for-physical, or any other other trades designated as non- Exchange or OTC Trade Source first competitively executed—in the event passes OCC’s validation procedures 23 trade designated by the futures market OCC fails to receive any variation and is provided to OCC at such time as or security futures market reporting the payment due in the accounts of the OCC prescribes. OCC believes this trade as a non-competitively executed 18 Clearing Members; change provides a more clear indication trade; (r) in the case of OTC options (2) Cross-rate FX options and FX transactions in a securities customers’ index options—in the event OCC fails to 19 See Article XX, Section 5, Article XXIII, account, a unique customer ID for the receive from the Purchasing Clearing Section 7 of the By-Laws. customer for whom the trade was Member premiums denominated in the 20 See Article VI, Section 8 of the By-Laws. In executed; and (s) in the case of OTC addition, OCC will not accept a Backloaded OTC options, such other variable terms as proper trading currency in the account Option for clearing if OCC receives it from the OTC Trade Source after 4 p.m. Central on the business provided in Section 6 of Article XVII of 11 An exchange-for-physical transaction (or day that is four business days prior to its expiration. the By-Laws. In addition to the ‘‘EFP’’) is a transaction between two parties in 21 As described below under the heading foregoing information that is required as which a futures contract on a commodity or Reorganization, OCC also proposes to relocate the a condition to OCC’s acceptance of the provisions currently in Article VI, Section 5 of the security is exchanged for the actual physical good. confirmed trade, Rule 401(a)(1)(ii) 12 A block trade is a trade involving a large By-Laws to Rules 401 and 404. number of shares being traded at an arranged price 22 OCC notes that upon acceptance and recording would provide that OCC may also between parties, outside of the open markets, in of position information in OCC’s ENCORE clearing request certain optional trade order to lessen the impact of such a large trade system, Clearing Members have the ability to see being made public. the trades they are responsible for via position 24 As described above, an Exchange or OTC Trade 13 See Article XII, Section 7 of the OCC By-Laws. information screens in the ENCORE system and through real-time messaging. Source would continue to have the authority to 14 See Articles XX, Section 1 and XXIII, Section 23 All inbound trades to OCC are subject to coded instruct OCC to disregard a Confirmed Trade. See 1 of the OCC By-Laws. supra 10. 15 validation of the required fields for trades. These See Article VI, Section 5 of the OCC By-Laws. fields contain the critical details of the trade. These 25 As described in more detail below, OCC 16 Id. details include, but are not limited to, the trade proposes to relocate Article VI, Sections 5 and 6 to 17 See generally Article VI, Section 8 of the OCC source, symbol, expiration, strike, call or put, Rules 401, 404 and 405 to help streamline and By-Laws identifying these exceptions. quantity, price, and Clearing Member details of both reorganize provisions addressing trade reporting 18 See Article XII, Section 7 of the By-Laws. sides of the trade. and novation.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15184 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

information that is not required as a day,27 and therefore OCC already faces transactions, block trades, or other condition for acceptance.26 this same credit risk between the trades designated as non-competitively For futures transactions, Rule acceptance of the Confirmed Trades and executed. OCC believes that delayed 401(a)(2)(i) would provide that the the time that it collects margin from novation is still appropriate for such required terms for acceptance and Clearing Members. Accordingly, OCC non-competitively executed transactions novation include: (a) The identity of the believes that moving the novation time because there is a heightened risk that Purchasing Clearing Member and the from the general Commencement Time non-competitive execution may cause Selling Clearing Member to the to earlier in the day as described them to be effected at off-market prices, above—at the point of acceptance— which could lead to significant losses if transaction; (b) the clearing date; (c) the would not alter the credit risk OCC faces a Clearing Member defaults on the transaction time; (d) the trade source; (e) with respect to such Confirmed Trades. related settlement obligations.30 the trade quantity; (f) the trade price; (g) In addition, OCC would continue to As proposed, an exception to the the security type; (h) the ticker symbol; have the same authority that it does uniform acceptance and novation timing (i) the series/contract date; (j) whether today to address any credit risk as would also be made for Confirmed the trade is a purchase or a sale; (k) the necessary through intra-day margin Trades that are Backloaded OTC account type; (l) the allocation collection.28 Options, which are defined as OTC indicator, if applicable; (m) the CMTA OTC Options that are not Backloaded Options for which the premium indicator, if applicable; (n) the Give-Up OTC Options are not currently subject to payment date is prior to the business Clearing Member, if applicable; and (o) the general Commencement Time; day on which the transaction is whether the trade is an exchange-for- however, OCC believes that applying submitted to OCC for clearing.31 OCC physical or block trade or any other the uniform acceptance and novation believes an exception for Backloaded trade designated by the futures market time to those transactions is OTC Options remains necessary because or security futures market reporting the appropriate. This is because under the of their ‘‘backloaded’’ nature, which trade as a non-competitively executed current approach, acceptance and the means that the premium payment has trade. In addition to the foregoing Commencement Time both occur when already been made. In addition, information that is required as a a report is made available to Clearing Backloaded OTC Options are subject to condition to OCC’s acceptance of the Members within OCC’s clearing system, being non-competitively executed and confirmed trade, Rule 401(a)(2)(ii) and therefore this approach is already therefore present the same heightened would provide that OCC may also consistent with the proposed approach settlement default risk that is discussed request certain optional trade described herein. In practice, OCC above regarding other non-competitively information that is not required as a automatically makes a report available executed transactions. However, in condition for acceptance. to Clearing Members in its clearing contrast to those other types of non- Reasons the Uniform Acceptance and system regarding an OTC Option competitively executed transactions, Novation Timing for Nearly All provided that it is properly reported to OCC is not able to immediately validate Confirmed Trades is Appropriate OCC, the contract passes OCC’s a Backloaded OTC Options transaction validation process, and the contract is or check its price reasonability upon OCC believes that using a uniform not rejected. All of this is generally submission. Therefore, OCC believes it approach for nearly all Confirmed completed immediately upon remains appropriate to delay acceptance Trades regarding acceptance and submission and therefore OCC does not and novation for these contracts until novation and reducing the complexity believe there is any operational, risk the selling Clearing Member has met its of related provisions would provide management, or other reason for regular morning settlement obligations significantly greater clarity and excluding OTC Options that are not on the business day following trade transparency in OCC’s legal framework Backloaded OTC Options from the reporting. for Clearing Members and other proposed uniform acceptance and 29 Provisional Information Regarding interested parties concerning the point novation timing. Confirmed Trades at which OCC does not have authority Proposed Exceptions to the Uniform to reject a transaction after it has been Acceptance and Novation Timing OCC proposes that its acceptance and properly submitted to and validated by novation time would no longer be tied OCC. As described above, amending For other categories of Confirmed to publication of a Daily Position Report OCC’s By-Laws and Rules to provide Trades that are not subject to the general as OCC’s acceptance of a Confirmed that nearly all Confirmed Trades are definition of Commencement Time, Trade would instead be reflected in the accepted and novated upon proper OCC proposes to preserve the existing position information that OCC makes structure under which OCC has submission functionally would not available to Clearing Members authority to reject the transactions even change the time at which OCC becomes after they are properly submitted for 30 obligated regarding such Confirmed OCC also proposes to add new Interpretation clearing. An exception to the uniform Trades because, upon proper and Policy .05 to provide that OCC will not treat acceptance and novation timing would an EFP or block trade as a noncompetitively submission, OCC has no right today to be made for Confirmed Trades in futures executed trade subject to Article XII, Section 7 of reject such transactions due to the the By-Laws if the Exchange on which such trade issued in exchange-for-physical failure of a Purchasing Clearing Member is executed has made representations satisfactory to to pay any amount due to OCC at or OCC that the Exchange has rules, policies or 27 See Article I, Section 1.S.(16) of the By-Laws procedures that require each EFP and block trade before the settlement time. OCC (defining the term ‘‘settlement time’’ in respect of that is submitted to OCC to be executed at a generally does not collect margin with a Clearing Member’s obligation to pay amounts reasonable price and that such price is validated by respect to such Confirmed Trades until owed to OCC). the Exchange. This new Interpretation and Policy 9:00 a.m. Central the following business 28 See OCC Rule 609 (addressing OCC’s authority to Rule 401 would reiterate current Interpretation to require intra-day margin). and Policy .04 to Article XII, Section 7 of the By- 29 See Securities Exchange Act Release No. 68434 Laws to provide additional clarity in the Rules 26 OCC makes available to its participant (December 14, 2012), 77 FR 75243 (December 19, around the acceptance and novation time for Exchanges and Clearing Members the complete list 2012) (SR–OCC–2012–14 and AN–OCC–2012–01) competitively executed EFPs and block trades. of required and optional trade information in an (discussing the trade submission mechanics for 31 See Article I, Section 1.B.(1) of the OCC By- inbound reference guide for Exchange trades. OTC Options). Laws.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15185

throughout the business day. OCC completed transaction information from deleted for the same reasons described therefore proposes to amend the Depository throughout the day and above regarding Hedge Loans. Interpretation and Policy .01 to Rule 501 would delete the statement that a Streamlining and Reorganization to: (1) Clarify that OCC makes updated transaction is deemed accepted by a position data reflecting accepted and particular cut off time if OCC does not As part of its continued efforts to novated trades available to its Clearing affirmatively notify Clearing Members of streamline its By-Laws and Rules, OCC Members throughout the day; and (2) a rejection. Rule 2202(b) would instead proposes to relocate certain provisions remove from that provision a statement state that OCC generally accepts from Article VI, Sections 4 through 8 of that Clearing Members must rely on the completed transactions reported to it the By-Laws to Chapter IV of the Rules. Daily Position Report for definitive unless: (1) OCC is otherwise required to This would promote a centralized information regarding their positions. reject a transaction because it is not in location for provisions that address Hedge Loans and Market Loans accordance with the By-Laws or Rules; trade reporting and novation. OCC also (2) one or both account numbers proposes to consolidate certain In addition to its clearance and specified are invalid; or (3) the provisions in Chapter IV of the Rules to settlement of Confirmed Trades, OCC information provided contains eliminate redundancy. These proposed also acts as a CCP for certain stock unresolved errors or omissions. OCC organizational changes are summarized lending transactions that are part of its believes these changes would help below. Stock Loan/Hedge Program and Market clarify the time at which Hedge Loans Article VI, Section 4 of OCC’s By- Loan Program. OCC proposes to amend are accepted and the specific Laws regarding a Purchasing Clearing its Stock Loan/Hedge Program and circumstances in which Hedge Loans Member’s obligations with respect to a Market Loan Program Rules to better will be rejected. As described below, the Confirmed Trade would be relocated, describe OCC’s process for accepting change would also ensure consistency without amendment, to a new Rule 403. Hedge Loans and Market Loans and to between parallel provisions in the Stock Article VI, Section 5 of the By-Laws appropriately harmonize certain Loan/Hedge Program and Market Loan regarding OCC’s obligations with provisions governing each type of Stock 32 Program regarding the initiation process respect to a Confirmed Trade would be Loan. that OCC believes should apply equally. Hedge Loans are initiated as stock amended, as described above, and Finally, a reference to the Stock Loan lending transactions that are negotiated incorporated into existing Rule 401 and Market to Market Activity Report being and settled between Clearing Members new Rule 404. Article VI, Section 6 of the only definitive statement of at The Depository Trust Company the By-Laws regarding the issuance of positions would be deleted because (‘‘Depository’’) before they are reported cleared contracts would be amended as Hedge Loan positions would be to OCC. Rule 2202(b) provides that OCC described above and relocated to a new must generally accept these stock definitive upon acceptance in OCC’s Rule 405. Article VI, Section 7 of the By- lending transactions upon receipt of a clearing system. Laws regarding the reporting of report from the Depository that shows a In connection with the Market Loan confirmed trades would be relocated completed transaction.33 However, OCC Program initiation process, the and incorporated into Rule 401. More may reject a transaction if it determines Depository also sends information to specifically, Article VI, Section 7(b) of that it is: (1) Not in accordance with OCC regarding completed stock lending the By-Laws would become Rule 401(e), OCC’s By-Laws or Rules; (2) one or both transactions. Rule 2202A(b) provides Section 7(c) would become Rule 401(f), account numbers specified are invalid that upon OCC’s receipt of an end of day and Interpretation and Policy .01 to for Hedge Loans; or (3) the information stock loan activity file from the Section 7 would become Interpretation provided by the Depository contains Depository OCC must accept the and Policy .03 to Rule 401. Article VI, errors or omissions. Moreover, Rule transactions as Market Loans unless it is Section 8 of the By-Laws regarding 2202(b) provides that if OCC does not required to reject them for the same payments made to OCC would be affirmatively reject a reported reasons described above concerning amended as described above and transaction by such a time as OCC is Hedge Loans. The Rule further provides relocated to new Rule 406. To authorized to specify from time to time that, upon OCC’s affirmative accommodate these new rules in then the transaction is deemed accepted acceptance, OCC becomes the lender to Chapter IV, current Rule 403 would be as a Hedge Loan. Upon acceptance, OCC the Borrowing Clearing Member and the renumbered as 407, and current Rule becomes the lender to the Borrowing borrower to the Lending Clearing 405 would be renumbered as Rule 408. Clearing Member and the borrower to Member. Cross-references would also be updated the Lending Clearing Member. Although As with the proposed changes to the to reflect this renumbering throughout OCC has discretion during each Stock Loan Hedge Program, OCC Chapter IV of the Rules, as well as in business day to make provisional proposes to clarify that OCC receives Article I, Section 1.G.(3) and (4), Article information available to Clearing and accepts completed transaction VI, Section 2, and Article XVII, Sections Members regarding their lending and information from the Depository 2(a) and 2(c)(1) of the By-Laws, and borrowing activity, only the Stock Loan throughout the day. OCC also proposes Rules 504(e), 504(g), and 611(a). Mark to Market Activity Report is to delete a reference to affirmative Additionally, OCC proposes to delete recognized as providing definitive acceptance in Rule 2202A(b) because existing Rule 404 regarding the Hedge Loan positions.34 the other proposed changes would reporting of confirmed trades in OTC OCC proposes to amend Rule 2202(b) clarify that acceptance will generally Options and to incorporate its substance to clarify that OCC receives and accepts take place automatically unless OCC is into Rule 401 in order create a more specifically required to reject centralized trade reporting rule. This 32 See OCC Rules 2202(b); 2202A(b), (c). transactions due to the deficiencies incorporation of Rule 404 into Rule 401 33 OCC is not obligated to accept the stock lending described above. A conforming change would require the addition of references transactions of a Clearing Member that has been would also be made in this regard in to OTC Trade Sources in Rule 401(a) suspended by the Depository. See OCC Rule 2210(a). The same condition applies regarding Rule 2202A(c). References to the and (b), and the merger of language from Market Loans. See OCC Rule 2210A(a). definitive nature of the Stock Loan Mark Rule 404(b) into Rule 401(b) and from 34 See Rule 2202, Interpretation and Policy .01. to Market Activity Report would be Rule 404(c) into Rule 401(d).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15186 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Elimination of Dormant Products and original trade tape, thereby allowing In addition, Rule 17Ad–22(e)(1) 38 Rules those trades to be processed as if they requires a covered clearing agency to OCC proposes to delete certain were submitted on their original trade establish, implement, maintain and provisions from its By-Laws and Rules date. OCC is proposing to delete Rule enforce written policies and procedures that only apply to cross-rate foreign 402 because it is no longer applicable to reasonably designed to provide for a currency options and flexibly-structured OCC’s current clearing processes, well-founded, clear, transparent and index options denominated in a foreign whereby OCC continuously receives enforceable legal basis for each aspect of currency because OCC no longer clears matched trade information from its activities in all relevant jurisdictions. and settles such products. These Exchanges on a real-time basis. First, the proposed rule change would products, when they were still actively provide a clear and uniform time (2) Statutory Basis cleared and settled, were subject to regarding OCC’s acceptance and novation for nearly all Confirmed delayed novation, so OCC believes 36 Section 17A(b)(3)(F) of the Act Trades and clarify OCC’s acceptance eliminating the rules governing these requires, among other things, that the products at this time would reduce and novation process regarding Stock rules of a clearing agency be designed to Loans. Achieving this outcome by, confusion related to the adoption of the foster cooperation and coordination proposed changes described herein among other things, eliminating the use with persons engaged in the clearance of the term Commencement Time and concerning trade acceptance and and settlement of securities novation timing. Consequently, OCC the current structure in which users transactions, promote the prompt and must parse through a number of By-Law proposes to delete Articles XX and XXIII accurate clearance and settlement of of its By-Laws and Chapters XXI and and Rule provisions to identify the time securities and derivatives transactions, XXIV of its Rules, which govern each of at which novation occurs would help and, in general, protect investors and those products, respectively. ensure that OCC has a well-founded, the public interest. The proposed rule Additionally, OCC proposes to clear, transparent, and enforceable legal change is intended to provide a clear eliminate all other references to such basis regarding the rights and products throughout its By-Laws and and uniform acceptance and novation obligations of OCC and Clearing Rules, including in Section 1(d) of time for nearly all Confirmed Trades Members in respect of the reporting of Article V, and Interpretation and Policy and to clarify the acceptance and transactions, acceptance, and novation. .03 to Section 1 of Article V of the By- novation timing regarding Stock Loans Second, OCC also believes that the Laws and Rules 607, 1107(a)(3) and by creating greater certainty regarding proposal to streamline and reorganize 1107(a)(4), as well as in the definitions the time at which novation occurs and provisions concerning transaction such Confirmed Trades and Stock Loans reporting, acceptance, and novation is of Option Contract, Trading Currency 39 and Underlying Currency in Article I of may no longer be rejected by OCC. consistent with Rule 17Ad–22(e)(1) the By-Laws. Under the newly proposed uniform because consolidating them in Chapter OCC also proposes to delete Rule 402 acceptance time, OCC would deem IV of the Rules would promote concerning the supplementary reporting nearly all Confirmed Trades to be readability and therefore allow the of Confirmed Trades. Under Rule 402, accepted and simultaneously novated provisions to be more easily understood. in certain extraordinary circumstances, when they are reported to OCC, OCC believes this same purpose of OCC may in its discretion accept from provided that the transaction promoting clarity and readability would an Exchange after the cut-off time for information reported to OCC by the also be furthered by eliminating By-Law receiving Confirmed Trade information Exchange or OTC Trade Source first and Rule provisions that concern certain for a particular business day (‘‘trade passes OCC’s validation procedures and dormant products that are no longer date’’) supplementary Confirmed Trade is provided to OCC at such time as OCC cleared and settled by OCC or that information reflecting the comparison of prescribes. In addition, the proposed concern processes no longer supported additional trades executed on or before rule change also would eliminate by OCC. the trade date that remained certain dormant rules that are no longer (B) Clearing Agency’s Statement on unconfirmed at the cut-off time. Rule applicable to OCC’s clearance and Burden on Competition 402 was adopted at a time when OCC settlement services and processes. As a Section 17A(b)(3)(I) of the Act 40 received matched trade information result, OCC believes that the proposed requires that the rules of a clearing from Exchanges for a given trade date in rule change would provide greater agency not impose any burden on a single batch submission after the close clarity and transparency to Clearing 35 competition not necessary or of the trading day. Under this old Members, other users of OCC, and the appropriate in furtherance of the process, trades that remained general public regarding OCC’s purposes of the Act. OCC does not unmatched when an Exchange prepared processes for the reporting of believe that the proposed rule change its nightly trade tape to OCC were transactions, acceptance, and novation. would impact or impose any burden on omitted from the tape and, if a trade was OCC therefore believes that the competition. The proposed rule change subsequently matched, the Exchange proposed rule change is designed to is designed to provide more clarity and reported the trade to OCC the following foster cooperation and coordination transparency to, and therefore foster night to be processed as if it had not with persons engaged in the clearance cooperation and coordination among, been executed until the date when it and settlement of securities Clearing Members, other users of OCC, was reported. Rule 402 was adopted to transactions, promote the prompt and and the general public regarding OCC’s accommodate the late submission of accurate clearance and settlement of processes regarding the reporting of trades that had not been matched in securities and derivatives transactions, transactions, acceptance and novation. time to be submitted on the Exchange’s and, in general, protect investors and This proposed rule change would not the public interest in accordance with inhibit access to OCC’s services or 35 See Filing and Order Granting Accelerated Section 17A(b)(3)(F) of the Act.37 Approval of Proposed Rule Change of Options Clearing Corporation, Securities Exchange Act 38 17 CFR 240.17Ad–22(e)(1). Release No. 21233 (August 10, 1984) (SR–OCC–84– 36 15 U.S.C. 78q–1(b)(3)(F). 39 Id. 12). 37 Id. 40 15 U.S.C. 78q–1(b)(3)(I).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15187

disadvantage or favor any particular internet website (http://www.sec.gov/ 22, 2018, New York Stock Exchange user in relationship to another, and it rules/sro.shtml). Copies of the LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed would be applied uniformly to all submission, all subsequent with the Securities and Exchange Clearing Members. For the foregoing amendments, all written statements Commission (the ‘‘Commission’’) the reasons, OCC believes the proposed rule with respect to the proposed rule proposed rule change as described in change is in the public interest, would change that are filed with the Items I, II, and III below, which Items be consistent with the requirements of Commission, and all written have been prepared by the self- the Act applicable to clearing agencies communications relating to the regulatory organization. The and would not impact or impose a proposed rule change between the Commission is publishing this notice to burden on competition. Commission and any person, other than solicit comments on the proposed rule those that may be withheld from the change from interested persons. (C) Clearing Agency’s Statement on public in accordance with the Comments on the Proposed Rule provisions of 5 U.S.C. 552, will be I. Self-Regulatory Organization’s Change Received From Members, available for website viewing and Statement of the Terms of the Substance Participants or Others printing in the Commission’s Public of the Proposed Rule Change Written comments on the proposed Reference Room, 100 F Street NE, The Exchange proposes to amend its rule change were not and are not Washington, DC 20549, on official fees charged in connection with the intended to be solicited with respect to business days between the hours of filing of listing applications in relation the proposed rule change and none have 10:00 a.m. and 3:00 p.m. Copies of such to the issuance of securities convertible been received. filing also will be available for into or exchangeable or exercisable for inspection and copying at the principal III. Date of Effectiveness of the additional securities of a listed class of office of OCC and on OCC’s website at Proposed Rule Change and Timing for common stock. The proposed rule https://www.theocc.com/about/ Commission Action change is available on the Exchange’s publications/bylaws.jsp. website at www.nyse.com, at the Within 45 days of the date of All comments received will be posted principal office of the Exchange, and at publication of this notice in the Federal without change. Persons submitting the Commission’s Public Reference Register or within such longer period comments are cautioned that we do not Room. up to 90 days (i) as the Commission may redact or edit personal identifying designate if it finds such longer period information from comment submissions. II. Self-Regulatory Organization’s to be appropriate and publishes its You should submit only information Statement of the Purpose of, and reasons for so finding or (ii) as to which that you wish to make available Statutory Basis for, the Proposed Rule the self-regulatory organization publicly. Change consents, the Commission will: All submissions should refer to File In its filing with the Commission, the (A) By order approve or disapprove Number SR–OCC–2018–007 and should self-regulatory organization included the proposed rule change, or be submitted on or before April 30, statements concerning the purpose of, (B) institute proceedings to determine 2018. and basis for, the proposed rule change whether the proposed rule change For the Commission, by the Division of and discussed any comments it received should be disapproved. Trading and Markets, pursuant to delegated on the proposed rule change. The text 41 IV. Solicitation of Comments authority. of those statements may be examined at Eduardo A. Aleman, the places specified in Item IV below. Interested persons are invited to Assistant Secretary. The Exchange has prepared summaries, submit written data, views and set forth in sections A, B, and C below, arguments concerning the foregoing, [FR Doc. 2018–07111 Filed 4–6–18; 8:45 am] BILLING CODE 8011–01–P of the most significant parts of such including whether the proposed rule statements. change is consistent with the Act. A. Self-Regulatory Organization’s Comments may be submitted by any of SECURITIES AND EXCHANGE Statement of the Purpose of, and the following methods: COMMISSION Statutory Basis for, the Proposed Rule Electronic Comments [Release No. 34–82985; File No. SR–NYSE– Change • Use the Commission’s internet 2018–11] comment form (http://www.sec.gov/ 1. Purpose rules/sro.shtml); or Self-Regulatory Organizations; New The Exchange proposes to amend its • Send an email to rule-comments@ York Stock Exchange LLC; Notice of fees charged in connection with the sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of filing of listing applications in relation OCC–2018–007 on the subject line. Proposed Rule Change To Amend to the issuance of securities convertible Fees Charged in Connection With the into or exchangeable or exercisable for Paper Comments Filing of Supplemental Listing additional securities of a listed class of • Send paper comments in triplicate Applications in Connection With the common stock (‘‘Convertible to Secretary, Securities and Exchange Issuance of Convertible Securities Securities’’). Commission, 100 F Street NE, April 3, 2018. A listed company is required to Washington, DC 20549–1090. Pursuant to Section 19(b)(1) 1 of the submit a supplemental listing All submissions should refer to File Securities Exchange Act of 1934 (the application (‘‘SLAP’’) prior to any Number SR–OCC–2018–007. This file ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 issuance of Convertible Securities. Each number should be included on the notice is hereby given that, on March time a listed company submits a SLAP subject line if email is used. To help the in connection with the issuance of Commission process and review your 41 17 CFR 200.30–3(a)(12). Convertible Securities, it must pay the comments more efficiently, please use 1 15 U.S.C. 78s(b)(1). minimum fee of $10,000 provided for by only one method. The Commission will 2 15 U.S.C. 78a. Section 902.03 of the Manual. The post all comments on the Commission’s 3 17 CFR 240.19b–4. Exchange, however, does not charge any

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15188 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

listing fees with respect to the common that the proposed rule change is 19(b)(3)(A) 8 of the Act and shares issuable upon conversion, consistent with Section 6(b)(5) of the subparagraph (f)(2) of Rule 19b–4 9 exchange or exercise of such securities Act,7 in that it is designed to promote thereunder, because it establishes a due, at the time of submission of the required just and equitable principles of trade, to fee, or other charge imposed by the SLAP. Rather, Section 902.02 of the foster cooperation and coordination Exchange. Manual provides that the listed with persons engaged in regulating, At any time within 60 days of the company will be charged at the end of clearing, settling, processing filing of such proposed rule change, the the calendar year [sic] for any such information with respect to, and Commission summarily may common shares that are issued that facilitating transactions in securities, to temporarily suspend such rule change if year.4 remove impediments to and perfect the it appears to the Commission that such The Exchange has noted that it is not mechanism of a free and open market action is necessary or appropriate in the unusual for a listed company to enter and a national market system, and, in public interest, for the protection of into a number of different transactions general, to protect investors and the investors, or otherwise in furtherance of in which it issues Convertible public interest and is not designed to the purposes of the Act. If the Securities. Each such transaction permit unfair discrimination between Commission takes such action, the requires the submission of a SLAP, and customers, issuers, brokers, or dealers. Commission shall institute proceedings the payment of the $10,000 minimum The Exchange believes that the under Section 19(b)(2)(B) 10 of the Act to SLAP fee, incurring a significant fee proposed rule change is consistent with determine whether the proposed rule expense even where the transactions Sections 6(b)(4) and 6(b)(5) of the change should be approved or covered by the SLAPs are immaterial in Exchange Act in that it represents an disapproved. size. equitable allocation of fees and does not The Exchange proposes to amend unfairly discriminate among listed IV. Solicitation of Comments Section 902.03 to limit the fee expense companies. In particular, the Exchange Interested persons are invited to to listed companies. Under the proposed believes that the proposed amendment submit written data, views, and amendment, a $10,000 SLAP fee will be is not unfairly discriminatory because it arguments concerning the foregoing, billed with respect to the first SLAP will be applied the same to all listed including whether the proposed rule solely in connection with the issuance companies submitting SLAPs in change is consistent with the Act. of securities convertible into or connection with the issuance of Comments may be submitted by any of exchangeable or exercisable for Convertible Securities. The Exchange the following methods: additional securities of a listed class also notes that listed companies will be Electronic Comments that is submitted by a listed issuer in charged per share listing fees with • each calendar quarter. No additional respect to any shares of common stock Use the Commission’s internet SLAP fee will be billed for any other issued upon conversion, exchange or comment form (http://www.sec.gov/ SLAP solely in connection with the rules/sro.shtml); or exercise of the Convertible Securities, • issuance of securities convertible into or thereby ensuring that the fees associated Send an email to rule-comments@ exchangeable or exercisable for with a Convertible Securities sec.gov. Please include File Number SR– additional securities of a listed class transaction will be reflective of the size NYSE–2018–11 on the subject line. that is submitted during the rest of that of the transaction. Paper Comments calendar quarter. The Exchange does not expect that the B. Self-Regulatory Organization’s • Send paper comments in triplicate reduction in fee revenue associated with Statement on Burden on Competition to Secretary, Securities and Exchange this proposed amendment will have any The Exchange does not believe that Commission, 100 F Street NE, effect on its ability to finance its the proposed rule change will impose Washington, DC 20549–1090. regulatory program. any burden on competition that is not All submissions should refer to File Number SR–NYSE–2018–11. This file 2. Statutory Basis necessary or appropriate in furtherance of the purposes of the Act. The number should be included on the The Exchange believes that the proposed rule change will not impose subject line if email is used. To help the proposed rule change is consistent with Commission process and review your 5 any burden competition as its sole Section 6(b) of the Act, in general, and purpose is to provide a limited relief comments more efficiently, please use furthers the objectives of Section only one method. The Commission will 6 from the listing fees a company incurs 6(b)(4) of the Act, in particular, in that when it issues Convertible Securities in post all comments on the Commission’s it is designed to provide for the a series of separate transactions during internet website (http://www.sec.gov/ equitable allocation of reasonable dues, a calendar quarter. rules/sro.shtml). Copies of the fees, and other charges and is not submission, all subsequent designed to permit unfair C. Self-Regulatory Organization’s amendments, all written statements discrimination among its members and Statement on Comments on the with respect to the proposed rule issuers and other persons using its Proposed Rule Change Received From change that are filed with the facilities. The Exchange also believes Members, Participants, or Others Commission, and all written No written comments were solicited communications relating to the 4 The Commission notes that Section 902.02 of or received with respect to the proposed proposed rule change between the the NYSE Listed Company Manual (‘‘Manual’’) states that with respect to shares that are not issued rule change. Commission and any person, other than those that may be withheld from the at the time of listing, such as for Convertible III. Date of Effectiveness of the Securities, listing fees will accrue on these public in accordance with the Proposed Rule Change and Timing for securities as of the date of issuance and such provisions of 5 U.S.C. 552, will be accrued listing fees will be billed at the beginning Commission Action of the following year along with the issuer’s annual available for website viewing and fees. See Section 902.02 of the Manual (‘‘Timing of The foregoing rule change is effective Listing Fees for Subsequent Issuances’’). upon filing pursuant to Section 8 15 U.S.C. 78s(b)(3)(A). 5 15 U.S.C. 78f(b). 9 17 CFR 240.19b–4(f)(2). 6 15 U.S.C. 78f(b)(4). 7 15 U.S.C. 78f(b)(5). 10 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15189

printing in the Commission’s Public You must include the DS form immigrant visa may complete the DS– Reference Room, 100 F Street NE, number (if applicable), information 230 in lieu of the online version of the Washington, DC 20549 on official collection title, and the OMB control application (DS–260, OMB Control business days between the hours of number in any correspondence. Number 1405–0185). The consular 10:00 a.m. and 3:00 p.m. Copies of such SUPPLEMENTARY INFORMATION: officer uses the information collected to filing also will be available for • Title of Information Collection: elicit information necessary to inspection and copying at the principal Application for Immigrant Visa and determine an applicant’s immigrant visa office of the Exchange. All comments Alien Registration. eligibility. received will be posted without change. • OMB Control Number: 1405–0015. Methodology Persons submitting comments are • Type of Request: Revision of a cautioned that we do not redact or edit Currently Approved Collection. Applicants will complete the DS–230 personal identifying information from • Originating Office: Bureau of and submit it to a consular post. A comment submissions. You should Consular Affairs, Visa Office (CA/VO/L/ consular officer will review the submit only information that you wish R). application to determine whether the to make available publicly. All • Form Number: DS–230. applicant is eligible for an immigrant submissions should refer to File • Respondents: Applicants for Cuban visa. Family Reunification Parole or Number SR–NYSE–2018–11, and Edward Ramotowski, should be submitted on or before April Immigrant Visas that are not able to use Deputy Assistant Secretary, Bureau of 30, 2018. the DS–260, where authorized by the Department. Consular Affairs, Department of State. For the Commission, by the Division of • [FR Doc. 2018–07144 Filed 4–6–18; 8:45 am] Trading and Markets, pursuant to delegated Estimated Number of Respondents: BILLING CODE 4710–06–P authority.11 20,000. • Estimated Number of Responses: Eduardo A. Aleman, 20,000. Assistant Secretary. • Average Time per Response: 125 SURFACE TRANSPORTATION BOARD [FR Doc. 2018–07113 Filed 4–6–18; 8:45 am] minutes. [Docket No. AB 33 (Sub-No. 334X)] BILLING CODE 8011–01–P • Total Estimated Burden Time: 41,667 annual hours. Union Pacific Railroad Company— • Frequency: Once per application. • Abandonment Exemption—in DEPARTMENT OF STATE Obligation to respond: Required to McLennan County, Tex. Obtain or Retain a Benefit. [Public Notice: 10374] We are soliciting public comments to Union Pacific Railroad Company (UP) permit the Department to: has filed a verified notice of exemption 60-day Notice of Proposed Information • Evaluate whether the proposed under 49 CFR pt. 1152 subpart F– Collection: Application for Immigrant information collection is necessary for Exempt Abandonments and Visa and Alien Registration the proper functions of the Department. Discontinuance of Service to abandon • Evaluate the accuracy of our ACTION: Notice of request for public 0.5 miles of the former Mart Line near estimate of the time and cost burden for comment. Waco, Tex., between milepost 173.2 and this proposed collection, including the milepost 173.7 near the TX 340 Loop SUMMARY: The Department of State is validity of the methodology and crossing, in McLennan County, Tex. (the seeking Office of Management and assumptions used. Line). The Line traverses United States • Budget (OMB) approval for the Enhance the quality, utility, and Postal Service Zip Code 76705.1 information collection described below. clarity of the information to be UP has certified that: (1) No local or In accordance with the Paperwork collected. overhead traffic has moved over the • Reduction Act of 1995, we are Minimize the reporting burden on Line for at least two years; (2) there is requesting comments on this collection those who are to respond, including the no need to reroute any traffic over other from all interested individuals and use of automated collection techniques lines; (3) no formal complaint filed by organizations. The purpose of this or other forms of information a user of rail service on the Line (or by notice is to allow 60 days for public technology. a state or local government entity acting comment preceding submission of the Please note that comments submitted on behalf of such user) regarding collection to OMB. in response to this Notice are public cessation of service over the Line either record. Before including any detailed DATES: The Department will accept is pending with the Surface personal information, you should be Transportation Board (Board) or with comments from the public up to June 8, aware that your comments as submitted, 2018. any U.S. District Court or has been including your personal information, decided in favor of complainant within ADDRESSES: You may submit comments will be available for public review. the two-year period; and (4) the by any of the following methods: requirements at 49 CFR 1105.7(c) • Web: Persons with access to the Abstract of Proposed Collection (environmental report), 49 CFR 1105.12 internet may comment on this notice by The Application for Immigrant Visa (newspaper publication), and 49 CFR going to www.Regulations.gov. You can and Alien Registration (DS–230) is used 1152.50(d)(1) (notice to governmental search for the document by entering to collect biographical information from agencies) have been met. ‘‘Docket Number: DOS–2018–0014’’ in individuals seeking for Cuban Family the Search field. Then click the Reunification Parole. While this 1 UP filed this notice simultaneously with a ‘‘Comment Now’’ button and complete discretionary parole authority is verified notice of exemption for discontinuance of the comment form. exercised by the Department of service over a portion of rail line connected to the • Email: PRA_BurdenComments@ Homeland Security, an applicant must Line at milepost 173.7. That notice is being state.gov. considered in a separate docket. See Union Pac. demonstrate that he or she is eligible for R.R.—Discontinuance of Serv. Exemption—in an immigrant visa. In rare McLennan Cty., Tex., AB 33 (Sub-No. 335X) (STB 11 17 CFR 200.30–3(a)(12). circumstances, an applicant for an served April 9, 2018).

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15190 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

As a condition to this exemption, any Assistance for the hearing impaired is cessation of service over the Line either employee adversely affected by the available through the Federal is pending with the Surface abandonment shall be protected under Information Relay Service at (800) 877– Transportation Board (Board) or with Oregon Short Line Railroad— 8339. Comments on environmental and any U.S. District Court or has been Abandonment Portion Goshen Branch historic preservation matters must be decided in favor of complainant within Between Firth & Ammon, in Bingham & filed within 15 days after the EA the two-year period; and (4) the Bonneville Counties, Idaho, 360 I.C.C. becomes available to the public. requirements at 49 CFR 1105.7(c) 91 (1979). To address whether this Environmental, historic preservation, (environmental report), 49 CFR. 1105.12 condition adequately protects affected public use, or trail use/rail banking (newspaper publication), and 49 CFR employees, a petition for partial conditions will be imposed, where 1152.50(d)(1) (notice to governmental revocation under 49 U.S.C. 10502(d) appropriate, in a subsequent decision. agencies) have been met. must be filed. Pursuant to 49 CFR 1152.29(e)(2), UP As a condition to this exemption, any Provided no formal expression of shall file a notice of consummation with employee adversely affected by the intent to file an offer of financial the Board to signify that it has exercised discontinuance of service shall be assistance (OFA) 2 has been received, the authority granted and fully protected under Oregon Short Line this exemption will be effective on May abandoned the Line. If consummation Railroad—Abandonment Portion 9, 2018, unless stayed pending has not been effected by UP’s filing of Goshen Branch Between Firth & reconsideration. Petitions to stay that do a notice of consummation by April 9, Ammon, in Bingham & Bonneville not involve environmental issues,3 2019, and there are no legal or Counties, Idaho, 360 I.C.C. 91 (1979). To formal expressions of intent to file an regulatory barriers to consummation, address whether this condition OFA under 49 CFR 1152.27(c)(2),4 and the authority to abandon will adequately protects affected employees, interim trail use/rail banking requests automatically expire. a petition for partial revocation under under 49 CFR 1152.29 must be filed by Board decisions and notices are 49 U.S.C. 10502(d) must be filed. April 19, 2018. Petitions to reopen or available on our website at Provided no formal expression of requests for public use conditions under WWW.STB.GOV. intent to file an offer of financial assistance (OFA) 2 to subsidize 49 CFR 1152.28 must be filed by April Decided: April 4, 2018. 30, 2018, with the Surface continued rail service has been By the Board, Scott M. Zimmerman, Acting received, this exemption will be Transportation Board, 395 E Street SW, Director, Office of Proceedings. Washington, DC 20423–0001. effective on May 9, 2018, unless stayed Marline Simeon, A copy of any petition filed with the pending reconsideration. Petitions to Board should be sent to UP’s Clearance Clerk. stay that do not involve environmental representative: Jeremy M. Berman, 1400 [FR Doc. 2018–07226 Filed 4–6–18; 8:45 am] issues and formal expressions of intent Douglas St., #1580, Omaha, NE 68179. BILLING CODE 4915–01–P to file an OFA to subsidize continued 3 If the verified notice contains false or rail service under 49 CFR 1152.27(c)(2) 4 misleading information, the exemption must be filed by April 19, 2018. is void ab initio. SURFACE TRANSPORTATION BOARD Petitions to reopen or requests for public use conditions under 49 CFR UP has filed a combined [Docket No. AB 33 (Sub-No. 335X)] environmental and historic report that 1152.28 must be filed by April 30, 2018, addresses the effects, if any, of the Union Pacific Railroad Company— with the Surface Transportation Board, abandonment on the environment and Discontinuance of Service 395 E Street SW, Washington, DC historic resources. OEA will issue an Exemption—in McLennan County, Tex. 20423–0001. A copy of any petition filed with the environmental assessment (EA) by April Board should be sent to UP’s 13, 2018. Interested persons may obtain Union Pacific Railroad Company (UP) representative: Jeremy M. Berman, 1400 a copy of the EA by writing to OEA has filed a verified notice of exemption Douglas St., #1580, Omaha, NE 68179. (Room 1100, Surface Transportation under 49 CFR pt. 1152 subpart F– Exempt Abandonments and If the verified notice contains false or Board, Washington, DC 20423–0001) or misleading information, the exemption by calling OEA at (202) 245–0305. Discontinuance of Service to discontinue service over approximately is void ab initio. 1.3 miles of the former Mart Line near Board decisions and notices are 2 The Board modified its OFA procedures available on our website at effective July 29, 2017. Among other things, the Waco, Tex., between milepost 173.7 and OFA process now requires potential offerors, in milepost 175.0 near Chapel Hill Road, WWW.STB.GOV. their formal expression of intent, to make a in McLennan County, Tex. (the Line). preliminary financial responsibility showing based The Line traverses United States Postal 2 The Board modified its OFA procedures on a calculation using information contained in the effective July 29, 2017. Among other things, the 1 carrier’s filing and publicly available information. Service Zip Code 76705. OFA process now requires potential offerors, in See Offers of Financial Assistance, EP 729 (STB UP has certified that: (1) No local or their formal expression of intent, to make a served June 29, 2017); 82 FR 30,997 (July 5, 2017). overhead traffic has moved over the preliminary financial responsibility showing based 3 The Board will grant a stay if an informed Line for at least two years; (2) there is on a calculation using information contained in the decision on environmental issues (whether raised carrier’s filing and publicly available information. by a party or by the Board’s Office of Environmental no need to reroute any traffic over other See Offers of Financial Assistance, EP 729 (STB Analysis (OEA) in its independent investigation) lines; (3) no formal complaint filed by served June 29, 2017); 82 FR 30,997 (July 5, 2017). cannot be made before the exemption’s effective a user of rail service on the Line (or by 3 Each OFA must be accompanied by the filing date. See Exemption of Out-of-Serv. Rail Lines, 5 a state or local government entity acting fee, which is currently set at $1,800. See I.C.C.2d 377 (1989). Any request for a stay should Regulations Governing Fees for Servs. Performed in be filed as soon as possible so that the Board may on behalf of such user) regarding Connection with Licensing & Related Servs.—2017 take appropriate action before the exemption’s Update, EP 542 (Sub-No. 25), slip op. App. C at 20 effective date. 1 UP filed this notice simultaneously with a (STB served July 28, 2017). 4 Each OFA must be accompanied by the filing verified notice of exemption to abandon a 0.5-mile 4 Because this is a discontinuance proceeding and fee, which is currently set at $1,800. See portion of rail line that connects with the Line at not an abandonment, trail use/rail banking and Regulations Governing Fees for Servs. Performed in milepost 173.7. That notice is being considered in public use conditions are not appropriate. Because Connection with Licensing & Related Servs.—2017 a separate docket. See Union Pac. R.R.—Aban. there will be an environmental review during Update, EP 542 (Sub-No. 25), slip op. App. C at 20 Exemption—in McLennan Cty., Tex., AB 33 (Sub- abandonment, this discontinuance does not require (STB served July 28, 2017). No. 334X) (STB served April 9, 2018). environmental review.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15191

Decided: April 4, 2018. notice (DOT/ALL–14 FDMS), which can schedule to be applied by the Secretary By the Board, Scott M. Zimmerman, Acting be reviewed at http://www.dot.gov/ of Transportation to designate a Director, Office of Proceedings. privacy. maximum of 15 joint-use or former Marline Simeon, Docket: Background documents or military airports to participate in the Clearance Clerk. comments received may be read at MAP for the purposes of capital [FR Doc. 2018–07223 Filed 4–6–18; 8:45 am] http://www.regulations.gov at any time. development funding assistance. Follow the online instructions for BILLING CODE 4915–01–P DATES: Applications must be received accessing the docket or go to the Docket no later than June 8, 2018. Operations in Room W12–140 of the DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 ADDRESSES: Submit an original signed New Jersey Avenue SE., Washington, Standard Form (SF) 424, ‘‘Application Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday for Federal Assistance’’ (available at: https://www.faa.gov/airports/resources/ [Summary Notice No. PE–2018–26] through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: forms/?sect=aip,payments) along with Petition for Exemption; Summary of Mark Forseth, AIR–673, Federal all supporting documentation. Airport Petition Received Aviation Administration, 2200 S. 216th sponsor applicants must specifically St., Des Moines, WA 98198–6547, email request consideration to participate in AGENCY: Federal Aviation [email protected], phone (206) 231– the Fiscal Year (FY) 2018 MAP. Administration (FAA), DOT. 3179; or Alphonso Pendergrass, ARM– Submission(s) should be sent to the ACTION: Notice of petition for exemption 200, Office of Rulemaking, Federal appropriate FAA Regional Airports received. Aviation Administration, 800 Division or Airports District Office that Independence Avenue SW, Washington, serves the airport (sponsor). Applicants SUMMARY: This notice contains a DC 20591, email alphonso.pendergrass@ can find their local office on the FAA summary of a petition seeking relief faa.gov, phone (202) 267–4713. website at: http://www.faa.gov/airports/ from specified requirements of Federal _ _ This notice is published pursuant to news information/contact info/ Aviation Regulations. The purpose of 14 CFR 11.85. regional/ or may contact the office listed this notice is to improve the public’s under the section ‘‘For Further awareness of, and participation in, this Issued in Renton, Washington, on April 3, Information.’’ aspect of the FAA’s regulatory activities. 2018. Neither publication of this notice nor Victor Wicklund, FOR FURTHER INFORMATION CONTACT: Mr. the inclusion or omission of information Manager, Transport Standards Branch. Jonathan DiMartino ([email protected]), Airports in the summary is intended to affect the Petition for Exemption legal status of the petition or its final Financial Assistance Division, Office of disposition. Docket No.: FAA–2018–0283. Airport Planning and Programming, Petitioner: Gulfstream Aerospace Federal Aviation Administration, 800 DATES: Comments on this petition must Corporation. Independence Avenue SW., identify the petition docket number Section of 14 CFR Affected: Washington, DC 20591, (202) 267–8744. involved and must be received on or § 25.1309(b); and Special Conditions SUPPLEMENTARY INFORMATION: before April 23, 2018. Nos. 25–612–SC, 25–661–SC, 25–662– ADDRESSES: Send comments identified SC, 25–664–SC, 25–665–SC, and 25– General Description of the Program by docket number FAA–2018–0283 667–SC. using any of the following methods: Description of Relief Sought: Permit Under 49 U.S.C. 47118, the MAP • Federal eRulemaking Portal: Go to 18 months for additional compliance provides capital development assistance http://www.regulations.gov and follow testing of non-rechargeable lithium-ion to civilian airport sponsors of the online instructions for sending your batteries for emergency-locator designated joint-use military airfields or comments electronically. transmitters on Gulfstream Model GV– former military airports that are • Mail: Send comments to Docket SP, GVI, GVII, G150, G280, and G200 included in the FAA’s National Plan of Operations, M–30; U.S. Department of airplanes. Integrated Airport Systems (NPIAS). Transportation (DOT), 1200 New Jersey Airport sponsors designated to the MAP [FR Doc. 2018–07142 Filed 4–6–18; 8:45 am] Avenue SE, Room W12–140, West may receive set-aside grant funds from Building Ground Floor, Washington, DC BILLING CODE 4910–13–P the Airport Improvement Program (AIP) 20590–0001. (4 percent of discretionary funds) for • airport development that will assist the Hand Delivery or Courier: Take DEPARTMENT OF TRANSPORTATION comments to Docket Operations in airport sponsor in successfully Room W12–140 of the West Building Federal Aviation Administration transitioning the airport from military to Ground Floor at 1200 New Jersey civilian use. The MAP is described in Avenue SE, Washington, DC, between 9 [Docket No: FAA–2005–22842] detail in FAA Order 5100.38D, Airport Improvement Program (AIP) Handbook. a.m. and 5 p.m., Monday through Notice of Opportunity: Criteria and Friday, except Federal holidays. • Application Procedures for the Military Number of Airports Fax: Fax comments to Docket Airport Program (MAP). Operations at 202–493–2251. As set forth by 49 U.S.C. 47118, a Privacy: In accordance with 5 U.S.C. AGENCY: Federal Aviation maximum of 15 airports may participate 553(c), DOT solicits comments from the Administration (FAA), Department of in the MAP at any time. Three of the 15 public to better inform its rulemaking Transportation (DOT). may be general aviation (GA) airports; process. DOT posts these comments, ACTION: Notice of criteria and the remainder must be commercial without edit, including any personal application procedures. service or reliever airports. In FY 2018, information the commenter provides, to there are 12 slots available in the http://www.regulations.gov, as SUMMARY: This document announces the program; however, there are no described in the system of records criteria, application procedures, and openings available for GA airports.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15192 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Designation Duration b. Section 201 of the Defense Plan (CIP) submitted by the airport The FAA has the option to designate Authorization Amendments and Base sponsor and the following specific an airport sponsor for any duration Closure and Realignment Act (BRAC) factors: 1. Compatibility of airport roles and between 1 and 5 fiscal years. The FAA (10 U.S.C. 2687, note); or c. Section 2905 of the Defense Base the ability of the airport to provide an will evaluate the conversion needs of Closure and Realignment Act of 1990 adequate airport facility; the airport in its capital development (10 U.S.C. 2687, note). 2. The capability of the airport to plan to determine the appropriate length 2. The airport is a military installation serve aircraft that otherwise must use a of designation. with both military and civil aircraft congested airport; Redesignation Duration operations. 3. Landside surface access; 3. The airport is classified as a 4. Airport operational capability, Previously designated airport commercial service or reliever airport in including peak hour and annual sponsors may apply for redesignation to the NPIAS. (See 49 U.S.C. 47105(b)(2).) capacities; the MAP for a period between 1 and 5 4. In addition, three of the designated 5. Potential of other metropolitan area fiscal years. Those airport sponsors airports may be GA airports that were airports to relieve the congested airport; must meet the current MAP eligibility former military installations closed or 6. Ability to satisfy, relieve, or meet requirements of 49 U.S.C. 47118(a), at realigned under BRAC, as amended, or air cargo demand within the the beginning of each grant period. The 10 U.S.C. 2687. (See 49 U.S.C. 47118(g).) metropolitan area; FAA will evaluate applications for Therefore, a GA airport can only qualify 7. Forecasted aircraft and passenger redesignation primarily in terms of the under requirement 1 of this section. levels, type of commercial service remaining projects that are specifically ‘‘GA airport’’ means a public airport that anticipated, i.e., scheduled or chartered fundable only under the MAP because is located in a State that, as determined commercial service; redesignated airports generally have by the Secretary: 8. Type and capacity of aircraft fewer conversion needs than new a. does not have scheduled service; or projected to serve the airport and level candidates. The FAA’s goal is to b. has scheduled passenger service of operations at the congested airport gradually transition MAP airports to with fewer than 2,500 passenger and the candidate airport; regular AIP participation by helping boardings per year. 9. The potential for the airport to be these airports successfully convert to Pursuant to 49 U.S.C. 47104(c), in served by aircraft or users, including the civilian airport operations. designating new candidate airport airlines serving the congested airport; MAP Funding Limitations sponsors, the Secretary may consider 10. Ability to replace an existing only current or former military airports commercial service or reliever airport Designated airport sponsors may for designation if a grant would: serving the area; and receive up to $7 million per fiscal year 1. Reduce delays at an airport with 11. Any other documentation to for terminal projects and up to $7 more than 20,000 hours of annual support designation of the airport million for construction, improvement, delays in commercial passenger aircraft sponsor’s candidate airport. or repair of fuel farms, utility systems, takeoffs and landings; The FAA will evaluate proposed surface automobile parking lots, 2. Enhance airport and air traffic development projects to assess the hangars, and air cargo terminals that are control system capacity in a potential of the airport to become a not larger than 50,000 square feet. metropolitan area or reduce current and viable civilian airport that will enhance Revenue generating projects that may projected flight delays; or system capacity or reduce delays. not normally be AIP eligible at the 3. Preserve or enhance minimum airport may be considered through the airfield infrastructure facilities at former Application Procedures and Required MAP to assist in the conversion of a military airports to support emergency Documentation military joint-use or former military diversionary operations for transoceanic Airport sponsors applying for facility to civilian use. flights. (See 49 U.S.C. 47118(c)(3).) designation or redesignation to the MAP Use of Regular AIP on a MAP The FAA will evaluate applications must complete and submit an SF–424 Designated Airport for new MAP designations on the basis and provide supporting documentation of how the proposed projects included to the appropriate FAA Regional MAP designated airport projects are in the application would contribute to Airports Division or Airports District not limited to MAP funding. They may delay reductions and/or how the airport Office serving that airport. Airport also qualify for other AIP funding if they improvements would enhance national sponsors may obtain this fillable form meet all AIP associated project and local air traffic or airport system from https://www.faa.gov/airports/ eligibility and justification capacity and provide adequate related resources/forms/?sect=aip,-payments. requirements. user services. Applicants must fill this form out completely and include the following: Designation Requirements Candidate Evaluation • Item 1 (Type of Submission)—Mark The MAP allows the Secretary of Recently realigned or closed military as a ‘‘preapplication’’; Transportation to designate civilian airports and military airfields with new • Item 2 (Type of Application)—Mark airport sponsors of joint-use or former joint-use agreements generally have the as ‘‘New’’ and in ‘‘Other’’ fill in military airports (other than an airport greatest need for funding assistance to ‘‘Military Airport Program’’; so designated before August 24, 1994) to transition to civil airport operations. • Item 15 (Descriptive Title of receive grants from the AIP if they meet Newly converted airports and new joint- Applicant’s Project)—Fill with the following general requirements: use locations frequently have minimal ‘‘designation (or redesignation) to the 1. The airport is a former military capital development resources and Military Airport Program’’; and installation closed or realigned under: therefore receive priority consideration • Item 18.a. (Estimated Funding)— a. Section 2687 of 10 U.S.C. for designation and MAP funding. The Fill in the total amount of funding (announcement of closures of large FAA will evaluate the need for eligible requests anticipated from the MAP over Department of Defense (DOD) projects based upon information in the the entire term sought in the installations after September 30, 1977); airport’s 5-year Capital Improvement application.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15193

Supporting Documentation h. Does the airport have an FAA- for passenger terminals, taxiways to new 1. Identification as a joint-use or approved airport layout plan (ALP)? terminal facilities, aircraft parking, and former military airport. The application i. For commercial service airports, has cargo facilities to accommodate civil must identify the airport sponsor’s a business/marketing plan or equivalent use; • Planned utility upgrades serving the airport as either a joint-use or former been completed? j. For reliever or GA airports, civilian function and independent military airport and indicate whether it alternative planning documents may be operation including: electrical, was: submitted in lieu of a business/ a. Closed or realigned under section mechanical, communications lines, marketing plan. 201 of the BRAC and/or section 2905 of water, gas, sewer, storm drainage; 3. Other Factors. The application • Planned acquisition, construction, the Defense Base Closure and should include information on the items rehabilitation, or modification of Realignment Act of 1990 (Installations below: facilities and equipment including: Approved for Closure by the Defense a. Identify the existing and potential snow removal equipment, aircraft Base Realignment and Closure levels of visual or extra instrument rescue and fire fighting facilities and Commissions); operations and aeronautical activity at equipment, security equipment, lighting b. Closed or realigned pursuant to 10 the current or former military airport vaults, and reconfiguration or relocation U.S.C. 2687 as excess property (bases and, if applicable, the congested airport. of eligible buildings for more efficient announced for closure by the DOD b. Explain how the airport contributes civil airport operations; pursuant to this title after September 30, to the air traffic system or airport system • Planned modifications of fuel farms 1977 (this is the date of announcement capacity. to accommodate civil aviation use; for closure)); or c. Provide the revenue passenger and • Planned acquisition of additional c. A military installation with both air cargo levels if commercial air land for runway protection zones, other military and civil aircraft operations. carriers serve the airport. approach protection, or airport 2. Qualifications for the MAP. The d. Describe the airport’s projected development; and application must include civil role and development needs for • Planned modifications, which will documentation to answer questions a. transitioning from use as a military permit the airfield to accommodate GA through j. below: airfield to a civil airport. Include how users. a. Does the airport meet the definition development projects would serve to of a ‘‘public airport’’ as defined in 49 reduce delays at an airport with more Landside U.S.C. 47102(21)? than 20,000 hours of annual delays in • Planned construction, b. Is the required environmental commercial passenger aircraft takeoffs improvement, or repair of surface review for civil reuse or joint-use of the and landings, enhance capacity in a parking areas for passenger and air cargo military airfield completed? metropolitan area, or reduce current and terminals; • The environmental review does not projected flight delays. • Planned construction, need to include the individual projects e. Describe the existing airspace improvement, or repair of access roads to be funded by the MAP. capacity. Explain how anticipated new to provide efficient movement of • The environmental review is operations would affect the surrounding vehicular traffic that leads directly to or necessary to convey the property or airspace, congestion, and air traffic flow from a passenger or air cargo terminal, enter into a long-term lease, or finalize patterns in the metropolitan area in or fixed base operations, and aircraft a joint-use agreement. near the airport. maintenance areas; or • The military department conveying f. Describe the airport sponsor’s 5-year • Planned construction, or leasing the property or entering into CIP. The CIP must identify the safety, improvement, or repair of facilities, a joint-use agreement should have the capacity, and conversion related such as passenger terminals, hangars, primary responsibility for the projects, estimated costs, and projected and air cargo terminal buildings. environmental review. construction schedule. h. Evaluate the ability of surface c. Does the eligible airport sponsor g. Describe projects that are consistent transportation facilities (e.g., road, rail, hold or will hold satisfactory title or a with the role of the airport and high-speed rail, and/or maritime) to long-term lease (25 years or longer)? effectively contribute to the joint-use or provide intermodal connections. • Documentation that the Federal civil conversion of the airfield. The i. Describe the type and level of Government accepted an application for projects selected (e.g., safety-related, aviation (and community) interest in the surplus or BRAC airport property is conversion-related, and/or capacity- civil use of the current or former sufficient to meet this requirement. related) must be identified and fully military airport. d. Does the airport sponsor have an explained based on the airport sponsor’s j. Provide one copy of the FAA- existing joint-use agreement with the planned airport use. Each project that approved ALP with each application. military department having jurisdiction may be eligible under MAP must be The ALP must clearly describe capacity over the airport? clearly indicated and include the and conversion-related projects. Airport e. A copy of the existing joint-use following information: sponsors should also include other agreement must be submitted with the information, such as: Project cost(s), application. Is the airport classified as a Airside schedule, project justification(s), other ‘‘commercial service airport’’ or a • Planned safety modifications project related maps and drawings ‘‘reliever airport’’ as defined in 49 including pavement, marking, lighting, showing the project location(s), and any U.S.C. 47102(7) and (23)? drainage, or other structures or features other supporting documentation that f. Is the airport sponsor an eligible to meet civil standards for approach, would make the airport sponsor’s airport ‘‘sponsor,’’ as defined in 49 departure, and other protected airport application easier to understand. U.S.C. 47102(26)? surfaces as described in 14 CFR part 77, Airport sponsors may also include g. Does the airport sponsor have a 5- or airport design standards set forth in photos that further describe the airport, year CIP indicating all eligible grant FAA Advisory Circular 150/5300–13A; projects, and otherwise clarify certain projects to be funded either from the • Planned construction of facilities, aspects of the application. These maps MAP or from other portions of the AIP? such as passenger terminal gates, aprons and ALPs should be cross-referenced

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15194 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

with the project costs and descriptions DEPARTMENT OF TRANSPORTATION West Building Ground Floor at 1200 noted elsewhere in the application. New Jersey Avenue SE, Washington, Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday Redesignation Applications [Summary Notice No. 2018–28] through Friday, except Federal holidays. Airport sponsors applying for FOR FURTHER INFORMATION CONTACT: redesignation to the MAP must submit Petition for Exemption; Summary of Clarence Garden (202) 267–7489, Office the same information required of new Petition Received; Wittman Regional of Rulemaking, Federal Aviation candidate airport sponsors. Airport Airport Administration, 800 Independence Avenue SW, Washington, DC 20591. sponsors requesting redesignation must AGENCY: Federal Aviation also answer the following questions: This notice is published pursuant to Administration (FAA), DOT. 14 CFR 11.85. 1. Why is a redesignation and ACTION: Notice. Issued in Washington, DC, on March 28, additional MAP-eligible project funding 2018. needed to accomplish the conversion to SUMMARY: This notice contains a Lirio Liu, a civilian-use airport? summary of a petition seeking relief from specified requirements of Title 14 Director, Office of Rulemaking. 2. What is the preferred time period of the Code of Federal Regulations. The Petition for Exemption for redesignation (not to exceed 5 purpose of this notice is to improve the years)? public’s awareness of, and participation Docket No.: FAA–2018–0191. 3. Why would funding of eligible in, the FAA’s exemption process. Petitioner: Wittman Regional Airport. Section(s) of 14 CFR Affected: work under other categories of AIP or Neither publication of this notice nor the inclusion or omission of information § 139.101. other sources of funding not accomplish Description of Relief Sought: Wittman the development needs of the airport? in the summary is intended to affect the legal status of the petition or its final Regional Airport is requesting an 4. Airport sponsors applying for disposition. exemption to allow certain unscheduled redesignation must provide a reanalysis Air Carrier operations at Wittman of their original business/marketing DATES: Comments on this petition must Regional Airport (KOSH) at limited plans (for example, a plan previously identify the petition docket number and times during Experimental Aircraft funded by the DOD’s Office of Economic must be received on or before April 30, Association (EAA) Airventure 2018. Adjustment or the original master plan 2018. [FR Doc. 2018–07171 Filed 4–6–18; 8:45 am] for the airport) and prepare an updated ADDRESSES: Send comments identified BILLING CODE 4910–13–P plan. If no business/marketing plan by docket number FAA–2018–0191 exists, a business/marketing plan or using any of the following methods: • strategy must be developed. The report Federal eRulemaking Portal: Go to DEPARTMENT OF TRANSPORTATION must address these questions: http://www.regulations.gov and follow the online instructions for sending your Federal Aviation Administration a. Is the airport sponsor continuing to comments electronically. [Summary Notice No. PE–2018–19] work towards the goals established in • Mail: Send comments to Docket the business/marketing plan? Operations, M–30; U.S. Department of Petition for Exemption; Summary of b. How do the MAP projects Transportation (DOT), 1200 New Jersey Petition Received contained in the application contribute Avenue SE, Room W12–140, West AGENCY: to the goals of the airport sponsor and Building Ground Floor, Washington, DC Federal Aviation Administration (FAA), DOT. its plans? 20590–0001. • Hand Delivery or Courier: Take ACTION: Notice of petition for exemption c. If the business/marketing plan no comments to Docket Operations in received. longer applies to the current goals of the Room W12–140 of the West Building SUMMARY: airport sponsor, how has the airport Ground Floor at 1200 New Jersey This notice contains a sponsor altered the business/marketing Avenue SE, Washington, DC, between 9 summary of a petition seeking relief plan to establish a new direction for the a.m. and 5 p.m., Monday through from specified requirements of Federal facility and how do the projects Friday, except Federal holidays. Aviation Regulations. The purpose of contained in the MAP application aid in • Fax: Fax comments to Docket this notice is to improve the public’s the completion of the new direction and Operations at 202–493–2251. awareness of, and participation in, this goals and by what date does the airport Privacy: In accordance with 5 U.S.C. aspect of the FAA’s regulatory activities. sponsor anticipate graduating from the 553(c), DOT solicits comments from the Neither publication of this notice nor MAP? public to better inform its rulemaking the inclusion or omission of information in the summary is intended to affect the This notice is issued pursuant to 49 U.S.C. process. DOT posts these comments, without edit, including any personal legal status of the petition or its final 47118. Issued from Washington, DC, on April disposition. 4, 2018. information the commenter provides, to DATES: Comments on this petition must Elliott Black http://www.regulations.gov, as described in the system of records identify the petition docket number Director, Office of Airport Planning and notice (DOT/ALL–14 FDMS), which can involved and must be received on or Programming. be reviewed at http://www.dot.gov/ before April 30, 2018. [FR Doc. 2018–07228 Filed 4–6–18; 8:45 am] privacy. ADDRESSES: Send comments identified BILLING CODE 4910–13–P Docket: Background documents or by docket number FAA–2018–0213 comments received may be read at using any of the following methods: http://www.regulations.gov at any time. • Federal eRulemaking Portal: Go to Follow the online instructions for http://www.regulations.gov and follow accessing the docket or go to the Docket the online instructions for sending your Operations in Room W12–140 of the comments electronically.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15195

• Mail: Send comments to Docket hazard by shifting during emergency DEPARTMENT OF TRANSPORTATION Operations, M–30; U.S. Department of landing conditions. Transportation (DOT), 1200 New Jersey [FR Doc. 2018–07141 Filed 4–6–18; 8:45 am] Federal Motor Carrier Safety Avenue SE, Room W12–140, West Administration BILLING CODE 4910–13–P Building Ground Floor, Washington, DC [Docket No. FMCSA–1999–6156; FMCSA– 20590–0001. 1999–6480; FMCSA–2003–16241; FMCSA– • Hand Delivery or Courier: Take DEPARTMENT OF TRANSPORTATION 2003–16564; FMCSA–2005–22194; FMCSA– comments to Docket Operations in 2005–22727; FMCSA–2005–23099; FMCSA– Room W12–140 of the West Building Federal Aviation Administration 2005–23238; FMCSA–2006–23773; FMCSA– Ground Floor at 1200 New Jersey 2007–0017; FMCSA–2007–0071; FMCSA– Avenue SE, Washington, DC, between 9 2007–27897; FMCSA–2009–0011; FMCSA– [Summary Notice No. 2018–25] 2009–0206; FMCSA–2009–0291; FMCSA– a.m. and 5 p.m., Monday through 2009–0321; FMCSA–2011–0142; FMCSA– Friday, except Federal holidays. Petition for Exemption; Summary of 2011–0275; FMCSA–2011–0298; FMCSA– • Fax: Fax comments to Docket Petition Received; Southern Utah 2011–0324; FMCSA–2011–0365; FMCSA– Operations at 202–493–2251. University 2011–0366; FMCSA–2011–0378; FMCSA– 2013–0028; FMCSA–2013–0165; FMCSA– Privacy: In accordance with 5 U.S.C. AGENCY: Federal Aviation 2013–0166; FMCSA–2013–0167; FMCSA– 553(c), DOT solicits comments from the Administration (FAA), Department of 2013–0168; FMCSA–2013–0169; FMCSA– public to better inform its rulemaking 2013–0170; FMCSA–2013–0174; FMCSA– process. DOT posts these comments, Transportation (DOT). 2014–0002; FMCSA–2015–0070; FMCSA– without edit, including any personal ACTION: Notice; correction. 2015–0071; FMCSA–2015–0072; FMCSA– information the commenter provides, to 2015–0344; FMCSA–2015–0345; FMCSA– http://www.regulations.gov, as 2015–0348; FMCSA–2015–0350; FMCSA– SUMMARY: The FAA published a 2015–0351] described in the system of records document in the Federal Register on notice (DOT/ALL–14 FDMS), which can March 29, 2018, concerning the request Qualification of Drivers; Exemption be reviewed at http://www.dot.gov/ for comments on the general curriculum Applications; Vision privacy. requirements provided for in 14 Code of Docket: Background documents or Federal Regulations. The document AGENCY: Federal Motor Carrier Safety comments received may be read at contained the incorrect Summary Notice Administration (FMCSA), DOT. http://www.regulations.gov at any time. Number. ACTION: Notice of renewal of Follow the online instructions for exemptions; request for comments. accessing the docket or go to the Docket FOR FURTHER INFORMATION CONTACT: Operations in Room W12–140 of the Brenda Robeson (202) 267–4712 SUMMARY: FMCSA announces its decision to renew exemptions for 113 West Building Ground Floor at 1200 Correction New Jersey Avenue SE, Washington, individuals from the vision requirement DC, between 9 a.m. and 5 p.m., Monday In the Federal Register of March 29, in the Federal Motor Carrier Safety through Friday, except Federal holidays. 2018, in FR Notice Doc 2018–06333, on Regulations (FMCSRs) for interstate commercial motor vehicle (CMV) page 13582, in the heading of the notice FOR FURTHER INFORMATION CONTACT: drivers. The exemptions enable these in the center column, correct the Docket Mark Forseth, AIR–673, Federal individuals to continue to operate CMVs Aviation Administration, 2200 S. 216th ID Summary Number to read as follows: in interstate commerce without meeting St., WA 98198–6547, email ‘‘Docket Id Summary Notice No. the vision requirements in one eye. [email protected], phone (206) 231– 2018–25’’ DATES: Each group of renewed 3179; or Alphonso Pendergrass, ARM– exemptions were applicable on the 200, Office of Rulemaking, Federal Issued in Washington, DC, on April 2, dates stated in the discussions below Aviation Administration, 800 2018. and will expire on the dates stated in Independence Avenue SW, Washington, Lirio Liu, the discussions below. Comments must DC 20591, email alphonso.pendergrass@ Executive Director, Office of Rulemaking. be received on or before May 9, 2018. faa.gov, phone (202) 267–4713. [FR Doc. 2018–07169 Filed 4–6–18; 8:45 am] ADDRESSES: You may submit comments This notice is published pursuant to BILLING CODE 4910–13–P bearing the Federal Docket Management 14 CFR 11.85. System (FDMS) Docket No. FMCSA– Issued in Renton, Washington, on April 3, 1999–6156; FMCSA–1999–6480; 2018. FMCSA–2003–16241; FMCSA–2003– Victor Wicklund, 16564; FMCSA–2005–22194; FMCSA– Manager, Transport Standards Branch. 2005–22727; FMCSA–2005–23099; FMCSA–2005–23238; FMCSA–2006– Petition for Exemption 23773; FMCSA–2007–0017; FMCSA– Docket No.: FAA–2018–0213. 2007–0071; FMCSA–2007–27897; FMCSA–2009–0011; FMCSA–2009– Petitioner: The Boeing Company. 0206; FMCSA–2009–0291; FMCSA– Section of 14 CFR Affected: 2009–0321; FMCSA–2011–0142; §§ 25.561(b)(3)(ii) and (c), and 25.787(a) FMCSA–2011–0275; FMCSA–2011– and (b). 0298; FMCSA–2011–0324; FMCSA– Description of Relief Sought: Provide 2011–0365; FMCSA–2011–0366; relief, for Boeing Model 747–8F and FMCSA–2011–0378; FMCSA–2013– 747–400F freighter airplanes, from the 0028; FMCSA–2013–0165; FMCSA– requirements to prevent contents in the 2013–0166; FMCSA–2013–0167; cargo compartment from becoming a FMCSA–2013–0168; FMCSA–2013–

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15196 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

0169; FMCSA–2013–0170; FMCSA– hours are from 8:30 a.m. to 5 p.m., e.t., In accordance with 49 U.S.C. 31136(e) 2013–0174; FMCSA–2014–0002; Monday through Friday, except Federal and 31315, each of the 113 applicants FMCSA–2015–0070; FMCSA–2015– holidays. If you have questions has satisfied the renewal conditions for 0071; FMCSA–2015–0072; FMCSA– regarding viewing or submitting obtaining an exemption from the vision 2015–0344; FMCSA–2015–0345; material to the docket, contact Docket requirement (64 FR 54948; 64 FR 68195; FMCSA–2015–0348; FMCSA–2015– Services, telephone (202) 366–9826. 65 FR 159; 65 FR 20251; 67 FR 10475; 0350; FMCSA–2015–0351 using any of SUPPLEMENTARY INFORMATION: 67 FR 17102; 68 FR 61857; 68 FR 74699; the following methods: 68 FR 75715; 69 FR 8260; 69 FR 10503; I. Background • Federal eRulemaking Portal: Go to 69 FR 17267; 70 FR 57353; 70 FR 71884; http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, 70 FR 72689; 71 FR 644; 71 FR 4194; 71 online instructions for submitting FMCSA may grant an exemption for five FR 4632; 71 FR 5105; 71 FR 6824; 71 FR comments. years if it finds ‘‘such exemption would 6829; 71 FR 6826; 71 FR 13450; 71 FR • Mail: Docket Management Facility; likely achieve a level of safety that is 16410; 71 FR 19600; 71 FR 19602; 72 FR U.S. Department of Transportation, 1200 equivalent to or greater than the level 39879; 72 FR 52422; 72 FR 62897; 72 FR New Jersey Avenue SE, West Building that would be achieved absent such 67340; 72 FR 71995; 73 FR 1395; 73 FR Ground Floor, Room W12–140, exemption.’’ The statute also allows the 5259; 73 FR 6242; 73 FR 8392; 73 FR Washington, DC 20590–0001. Agency to renew exemptions at the end 9158; 73 FR 11989; 73 FR 15254; 73 FR • Hand Delivery: West Building of the five-year period. FMCSA grants 16950; 74 FR 43217; 74 FR 49069; 74 FR Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- 57551; 74 FR 60021; 74 FR 65842; 74 FR New Jersey Avenue SE, Washington, year period to align with the maximum 65845; 74 FR 65847; 75 FR 1451; 75 FR DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical 1835; 75 FR 8184; 75 FR 9477; 75 FR Monday through Friday, except Federal certification. 9480; 75 FR 9482; 75 FR 9484; 75 FR The physical qualification standard Holidays. 13653; 75 FR 20881; 75 FR 22176; 76 FR • for drivers regarding vision found in 49 Fax: 1–202–493–2251. 49528; 76 FR 61143; 76 FR 64164; 76 FR CFR 391.41(b)(10) states that a person is Instructions: Each submission must 66123; 76 FR 70210; 76 FR 70213; 76 FR physically qualified to drive a CMV if include the Agency name and the 75942; 76 FR 78728; 76 FR 79760; 77 FR that person has distant visual acuity of docket number(s) for this notice. Note 541; 77 FR 545; 77 FR 3547; 77 FR 3552; at least 20/40 (Snellen) in each eye that all comments received will be 77 FR 5874; 77 FR 7233; 77 FR 7657; 77 without corrective lenses or visual posted without change to http:// FR 10604; 77 FR 10606; 77 FR 13689; acuity separately corrected to 20/40 www.regulations.gov, including any 77 FR 13691; 77 FR 17107; 77 FR 17108; (Snellen) or better with corrective personal information provided. Please 77 FR 17115; 77 FR 17117; 77 FR 17119; lenses, distant binocular acuity of a least see the Privacy Act heading below for 77 FR 19749; 77 FR 22059; 77 FR 22838; 20/40 (Snellen) in both eyes with or further information. 78 FR 27281; 78 FR 41188; 78 FR 47818; without corrective lenses, field of vision Docket: For access to the docket to 78 FR 62935; 78 FR 63302; 78 FR 63307; of at least 70° in the horizontal meridian read background documents or 78 FR 64271; 78 FR 64274; 78 FR 66099; in each eye, and the ability to recognize comments, go to http:// 78 FR 67452; 78 FR 67454; 78 FR 67455; the colors of traffic signals and devices www.regulations.gov at any time or 78 FR 74223; 78 FR 76395; 78 FR 76704; Room W12–140 on the ground level of showing red, green, and amber. The 113 individuals listed in this 78 FR 76705; 78 FR 77778; 78 FR 77780; the West Building, 1200 New Jersey 78 FR 77782; 78 FR 78475; 79 FR 1908; Avenue SE, Washington, DC, between 9 notice have requested renewal of their exemptions from the vision standard in 79 FR 2247; 79 FR 2748; 79 FR 4803; 79 a.m. and 5 p.m., e.t., Monday through FR 4805; 79 FR 6993; 79 FR 10602; 79 Friday, except Federal holidays. The 49 CFR 391.41(b)(10), in accordance with FMCSA procedures. Accordingly, FR 10606; 79 FR 10607; 79 FR 10608; FDMS is available 24 hours each day, 79 FR 10609; 79 FR 10610; 79 FR 10611; e.t., 365 days each year. If you want FMCSA has evaluated these applications for renewal on their merits 79 FR 10619; 79 FR 12565; 79 FR 13085; acknowledgment that we received your 79 FR 14328; 79 FR 14331; 79 FR 14332; comments, please include a self- and decided to extend each exemption for a renewable two year period. 79 FR 14333; 79 FR 15794; 79 FR 17641; addressed, stamped envelope or 79 FR 17642; 79 FR 17643; 79 FR 18390; postcard or print the acknowledgement II. Request for Comments 79 FR 18391; 79 FR 22003; 80 FR 33007; page that appears after submitting Interested parties or organizations 80 FR 63869; 80 FR 67472; 80 FR 67476; comments online. 80 FR 67481; 80 FR 70060; 80 FR 76345; Privacy Act: In accordance with 5 possessing information that would otherwise show that any, or all, of these 80 FR 79414; 80 FR 80443; 81 FR 6573; U.S.C. 553(c), DOT solicits comments 81 FR 11642; 81 FR 14190; 81 FR 15401; from the public to better inform its drivers are not currently achieving the statutory level of safety should 81 FR 15404; 81 FR 16265; 81 FR 17237; rulemaking process. DOT posts these 81 FR 20433; 81 FR 20435; 81 FR 28136; comments, without edit, including any immediately notify FMCSA. The Agency will evaluate any adverse 81 FR 28138; 81 FR 39100; 81 FR 44680; personal information the commenter 81 FR 52516; 81 FR 60117). They have provides, to http://www.regulations.gov, evidence submitted and, if safety is being compromised or if continuation of submitted evidence showing that the as described in the system of records vision in the better eye continues to notice (DOT/ALL–14 FDMS), which can the exemption would not be consistent with the goals and objectives of 49 meet the requirement specified at 49 be reviewed at http://www.dot.gov/ CFR 391.41(b)(10) and that the vision privacy. U.S.C. 31136(e) and 31315, FMCSA will take immediate steps to revoke the impairment is stable. In addition, a FOR FURTHER INFORMATION CONTACT: Ms. exemption of a driver. review of each record of safety while Christine A. Hydock, Chief, Medical driving with the respective vision Programs Division, 202–366–4001, III. Basis for Renewing Exemptions deficiencies over the past two years [email protected], FMCSA, Under 49 U.S.C. 31315(b)(1), an indicates each applicant continues to Department of Transportation, 1200 exemption may be granted for no longer meet the vision exemption New Jersey Avenue SE, Room W64–224, than two years from its approval date requirements. These factors provide an Washington, DC 20590–0001. Office and may be renewed upon application. adequate basis for predicting each

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15197

driver’s ability to continue to drive James Esposito, Jr. (PA) As of April 14, 2018, and in safely in interstate commerce. Daniel W. Eynon (OH) accordance with 49 U.S.C. 31136(e) and Therefore, FMCSA concludes that Gerald W. Fox (PA) 31315, the following ten individuals extending the exemption for each Richard P. Frederiksen (WY) have satisfied the renewal conditions for renewal applicant for a period of two Raul A. Gonzalez (CA) obtaining an exemption from the vision years is likely to achieve a level of safety Danny R. Gray (OK) requirement in the FMCSRs for equal to that existing without the Keith J. Haaf (VA) interstate CMV drivers (64 FR 54948; 64 exemption. John C. Henricks (OH) FR 68195; 65 FR 159; 65 FR 20251; 67 In accordance with 49 U.S.C. 31136(e) Louis E. Henry, Jr. (KY) FR 10475; 67 FR 17102; 69 FR 17267; and 31315, the following groups of Michael J. Hoskins (KS) 69 FR 8260; 71 FR 4194; 71 FR 5105; 71 drivers received renewed exemptions in Zion Irizarry (NV) FR 6824; 71 FR 6826; 71 FR 13450; 71 the month of April and are discussed Kevin Jacoby (NJ) FR 16410; 71 FR 19600; 71 FR 19602; below: Tommy R. Jefferies (FL) 73 FR 11989; 75 FR 1835; 75 FR 9482; As of April 12, 2018, and in Billy R. Jeffries (WV) 75 FR 13653; 77 FR 17107; 79 FR 18391; accordance with 49 U.S.C. 31136(e) and Lowell Johnson (MN) 81 FR 20435): John R. Knott, III (MN) 31315, the following 58 individuals Nick D. Bacon (KY) David G. Lamborn (ND) have satisfied the renewal conditions for Mark A. Baisden (OH) Curtis M. Lawless (VA) obtaining an exemption from the vision Curtis J. Crowston (ND) Raymond J. Mannarino (NY) requirement in the FMCSRs for Rupert G. Gilmore, III (AL) Herman Martinez (NM) interstate CMV drivers (68 FR 7469; 68 Albert L. Gschwind (WI) James McCleary (OH) FR 61857; 68 FR 74699; 68 FR 75715; Walter R. Hardiman (WV) Joseph W. Meacham (MS) 69 FR 10503; 70 FR 57353; 70 FR 71884; Michael W. Jones (IL) Brandon J. Michalko (NY) 70 FR 72689; 71 FR 644; 71 FR 4194; 71 Matthew J. Konecki (MT) Michael E. Miles (IL) FR 4632; 71 FR 6829; 71 FR 13450; 72 Joseph S. Nix, IV (MO) Daniel I. Miller (PA) Robert V. Sloan (NC) FR 39879; 72 FR 52422; 72 FR 62897; Robert Mollicone (FL) 72 FR 67340; 72 FR 71995; 73 FR 1395; Josh D. Nichols (IL) The drivers were included in docket 73 FR 5259; 73 FR 6242; 73 FR 8392; 73 John E. Nichols (PA) numbers FMCSA–1999–6165; FMCSA– FR 9158; 73 FR 16950; 74 FR 43217; 74 Willie L. Parks (CA) 1999–6480; FMCSA–2005–23099; FR 49069; 74 FR 57551; 74 FR 60021; Richard J. Pauxtis (OR) FMCSA–2005–23238; FMCSA–2006– 74 FR 65842; 74 FR 65845; 74 FR 65847; Jerry L. Pettijohn (OK) 23773; FMCSA–2009–0321. Their 75 FR 1451; 75 FR 8184; 75 FR 9477; 75 Paul D. Prillaman (VA) exemptions are applicable as of April FR 9482; 75 FR 9484; 76 FR 49528; 76 Rafael Quintero (TX) 14, 2018, and will expire on April 14, FR 61143; 76 FR 64164; 76 FR 66123; Ezequiel M. Ramirez (TX) 2020. 76 FR 70210; 76 FR 70213; 76 FR 75942; Kent S. Reining (IL) As of April 16, 2018, and in 76 FR 78728; 76 FR 79760; 77 FR 541; Riland O. Richardson (GA) accordance with 49 U.S.C. 31136(e) and 77 FR 545; 77 FR 3547; 77 FR 3552; 77 Roy C. Rogers (WV) 31315, the following 14 individuals FR 5874; 77 FR 7233; 77 FR 7657; 77 FR Troy M. Ruhlman (PA) have satisfied the renewal conditions for 10604; 77 FR 10606; 77 FR 13689; 77 FR Robert Schick (PA) obtaining an exemption from the vision 13691; 77 FR 17117; 77 FR 17119; 77 FR Mark A. Smalls (GA) requirement in the FMCSRs for 22059; 78 FR 27281; 78 FR 41188; 78 FR Scott C. Star (NJ) interstate CMV drivers (81 FR 14190; 81 47818; 78 FR 62935; 78 FR 63302; 78 FR Michael A. Terry (IN) FR 39100): 63307; 78 FR 64271; 78 FR 64274; 78 FR Clifford B. Thompson, Jr. (SC) William H. Brence (SD) 66099; 78 FR 67452; 78 FR 67454; 78 FR Hany A. Wagieh (NJ) Jaime V. Cavazos (TX) 67455; 78 FR 74223; 78 FR 76395; 78 FR Virgil E. Walker (TX) Jacob Dehoyos (NM) 76704; 78 FR 76705; 78 FR 77778; 78 FR Norman J. Watson (NC) Larry D. Fulk (MO) 77780; 78 FR 77782; 78 FR 78475; 79 FR Charles T. Whitehead (NC) Darrell K. Harber (MO) 1908; 79 FR 2247; 79 FR 2748; 79 FR The drivers were included in docket Robert E. Holbrook (TN) 4803; 79 FR 4805; 79 FR 6993; 79 FR numbers FMCSA–2003–16241; Maurice L. Kinney (PA) 10602; 79 FR 10619; 79 FR 12565; 79 FR FMCSA–2003–16564; FMCSA–2005– Richard R. Krafczynski (PA) 13085; 79 FR 14328; 79 FR 14331; 79 FR 22194; FMCSA–2005–22727; FMCSA– Michael S. McHale (PA) 14332; 79 FR 14333; 79 FR 18390; 80 FR 2005–23099; FMCSA–2007–0017; Darin P. Milton (TN) 33007; 80 FR 63869; 80 FR 67472; 80 FR FMCSA–2007–0071; FMCSA–2007– Dakota J. Papsun (PA) 67476; 80 FR 67481; 80 FR 70060; 80 FR 27897; FMCSA–2009–0206; FMCSA– William J. Powell (KY) 76345; 80 FR 79414; 80 FR 80443; 81 FR 2009–0291; FMCSA–2011–0142; Richard R. Vonderohe (IA) 11642; 81 FR 15401; 81 FR 15404; 81 FR FMCSA–2011–0275; FMCSA–2011– William J. Watts (MT) 16265; 81 FR 20433; 81 FR 20435; 81 FR 0298; FMCSA–2011–0324; FMCSA– The drivers were included in docket 28136; 81 FR 44680; 81 FR 60117): 2011–0365; FMCSA–2011–0366; number FMCSA–2015–0350. Their Larry Adams, Jr. (FL) FMCSA–2013–0028; FMCSA–2013– exemptions are applicable as of April Donald Bierwirth, Jr. (CT) 0165; FMCSA–2013–0166; FMCSA– 16, 2018, and will expire on April 16, Bryan Borrowman (UT) 2013–0167; FMCSA–2013–0168; 2020. Clifford L. Burruss (CA) FMCSA–2013–0169; FMCSA–2013– As of April 17, 2018, and in Kevin J. Cobb (PA) 0170; FMCSA–2013–0174; FMCSA– accordance with 49 U.S.C. 31136(e) and Eugene Contreras (NM) 2015–0070; FMCSA–2015–0071; 31315, the following two individuals Levi R. Coutcher (WA) FMCSA–2015–0072; FMCSA–2015– have satisfied the renewal conditions for Herman R. Dahmer (MD) 0344; FMCSA–2015–0345; FMCSA– obtaining an exemption from the vision Jim L. Davis (NM) 2015–0348. Their exemptions are requirement in the FMCSRs for Andrew S. Durward (IL) applicable as of April 12, 2018, and will interstate CMV drivers (77 FR 19749; 77 Michael P. Eisenreich (MN) expire on April 12, 2020. FR 22838; 79 FR 15794; 81 FR 20435):

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15198 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Gilbert M. Rosas, (AZ); Kim A. Shaffer, exemptions are applicable as of April VI. Conclusion (PA). 27, 2018, and will expire on April 27, Based upon its evaluation of the 113 The drivers were included in docket 2020. exemption applications, FMCSA renews number FMCSA–2011–0378. Their As of April 28, 2018, and in the exemptions of the aforementioned exemptions are applicable as of April accordance with 49 U.S.C. 31136(e) and drivers from the vision requirement in 17, 2018, and will expire on April 17, 31315, the following nine individuals 49 CFR 391.41(b)(10), subject to the 2020. have satisfied the renewal conditions for requirements cited above. In accordance As of April 18, 2018, and in obtaining an exemption from the vision with 49 U.S.C. 31136(e) and 31315, each accordance with 49 U.S.C. 31136(e) and requirement in the FMCSRs for exemption will be valid for two years 31315, the following 12 individuals interstate CMV drivers (81 FR 17237; 81 unless revoked earlier by FMCSA. have satisfied the renewal conditions for FR 52516): Issued on: April 2, 2018. obtaining an exemption from the vision Lee R. Boykin (TX) requirement in the FMCSRs for Steven W. Day (MO) Larry W. Minor, interstate CMV drivers (79 FR 10606; 79 Roger M. Dunaway (KY) Associate Administrator for Policy. FR 10607; 79 FR 10608; 79 FR 10609; Hugo N. Guitterrez (IN) [FR Doc. 2018–07185 Filed 4–6–18; 8:45 am] 79 FR 10610; 79 FR 10611; 79 FR 22003; William J. Kanaris (NY) BILLING CODE 4910–EX–P 81 FR 20435; 81 FR 28131): Ronnie L. McHugh (KS) Donald P. Ruckinger (PA) Thomas R. Abbott (TN) Eddie Walker (NC) DEPARTMENT OF TRANSPORTATION Thomas Benavidez, Jr. (ID) Trent Wipf (SD) Gary A. Budde (IL) The drivers were included in docket Federal Motor Carrier Safety David L. Dykes (FL) number FMCSA–2015–0351. Their Administration Daniel Fedder (IL) Mark La Fleur (MD) exemptions are applicable as of April [Docket No. FMCSA–2007–29035; FMCSA– Dennis A. Lindner (MN) 28, 2018, and will expire on April 28, 2008–0293; FMCSA–2009–0242; FMCSA– Michael Nichols (GA) 2020. 2011–0277; FMCSA–2011–0278; FMCSA– Dino J. Pires (CT) 2013–0184; FMCSA–2013–0187; FMCSA– IV. Conditions and Requirements 2013–0190; FMCSA–2015–0336; FMCSA– Anthony S. Poindexter (MD) The exemptions are extended subject 2015–0337] John B. Theres (IL) to the following conditions: (1) Each Robert S. Waltz (ME) driver must undergo an annual physical Qualification of Drivers; Exemption The drivers were included in docket examination (a) by an ophthalmologist Applications; Diabetes number FMCSA–2014–0002. Their or optometrist who attests that the AGENCY: Federal Motor Carrier Safety exemptions are applicable as of April vision in the better eye continues to 18, 2018, and will expire on April 18, Administration (FMCSA), DOT. meet the requirements in 49 CFR ACTION: Notice of final disposition. 2020. 391.41(b)(10), and (b) by a certified As of April 23, 2018, and in Medical Examiner, as defined by 49 CFR SUMMARY: FMCSA announces its accordance with 49 U.S.C. 31136(e) and 390.5, who attests that the driver is decision to renew exemptions for 178 31315, the following two individuals otherwise physically qualified under 49 individuals from its prohibition in the have satisfied the renewal conditions for CFR 391.41; (2) each driver must Federal Motor Carrier Safety obtaining an exemption from the vision provide a copy of the ophthalmologist’s Regulations (FMCSRs) against persons requirement in the FMCSRs for or optometrist’s report to the Medical with insulin-treated diabetes mellitus interstate CMV drivers (68 FR 74669; 69 Examiner at the time of the annual (ITDM) from operating commercial FR 10503; 71 FR 6829; 73 FR 6242; 73 medical examination; and (3) each motor vehicles (CMVs) in interstate FR 15254; 73 FR 16950; 75 FR 20881; driver must provide a copy of the commerce. The exemptions enable these 77 FR 17115; 79 FR 17641; 81 FR annual medical certification to the individuals with ITDM to continue to 20435): Thomas R. Hedden, (IL); employer for retention in the driver’s operate CMVs in interstate commerce. Douglas A. Mendoza, (MD). qualification file or keep a copy of his/ DATES: Each group of renewed The drivers were included in docket her driver’s qualification if he/her is exemptions were applicable on the numbers FMCSA–2003–16564; self-employed. The driver must also dates stated in the discussions below FMCSA–2007–0071. Their exemptions have a copy of the exemption when and will expire on the dates stated in are applicable as of April 23, 2018, and driving, for presentation to a duly the discussions below. will expire on April 23, 2020. authorized Federal, State, or local FOR FURTHER INFORMATION CONTACT: Ms. As of April 27, 2018, and in enforcement official. The exemption Christine A. Hydock, Chief, Medical accordance with 49 U.S.C. 31136(e) and will be rescinded if: (1) The person fails Programs Division, 202–366–4001, 31315, the following six individuals to comply with the terms and [email protected], FMCSA, have satisfied the renewal conditions for conditions of the exemption; (2) the Department of Transportation, 1200 obtaining an exemption from the vision exemption has resulted in a lower level New Jersey Avenue SE, Room W64–224, requirement in the FMCSRs for of safety than was maintained before it Washington, DC 20590–0001. Office interstate CMV drivers (75 FR 9480; 75 was granted; or (3) continuation of the hours are from 8:30 a.m. to 5:30 p.m., FR 22176; 77 FR 17108; 79 FR 17642; exemption would not be consistent with e.t., Monday through Friday, except 79 FR 17643; 81 FR 20435): the goals and objectives of 49 U.S.C. Federal holidays. If you have questions Chad L. Burnham (ME) 31136(e) and 31315. regarding viewing or submitting David A. Christenson (NV) material to the docket, contact Docket Paul K. Leger (NH) V. Preemption Services, telephone (202) 366–9826. Martin L. Reyes (IL) During the period the exemption is in SUPPLEMENTARY INFORMATION: Gerald L. Rush, Jr. (NJ) effect, no State shall enforce any law or Larry W. Winkler (MO) regulation that conflicts with this I. Electronic Access The drivers were included in docket exemption with respect to a person You may see all the comments online number FMCSA–2009–0011. Their operating under the exemption. through the Federal Document

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15199

Management System (FDMS) at: http:// the month of December and are Philip M. LaPierre (ME) www.regulations.gov. discussed below: Mary J. Martin (PA) Docket: For access to the docket to As of December 1, 2017, and in Terry J. Miller (WI) read background documents or accordance with 49 U.S.C. 31136(e) and Marvin K. Mosley (SC) comments, go to http// 31315, the following nine individuals Eric Nieves, Jr. (NY) www.regulations.gov and/or Room have satisfied the renewal conditions for George W. Pottle, IV (ME) W12–140 on the ground level of the obtaining an exemption from the rule Charles R. Ratcliff, Jr. (VA) West Building, 1200 New Jersey Avenue prohibiting drivers with ITDM from Joseph B. Ribitzki (AR) SE, Washington, DC, between 9 a.m. and driving CMVs in interstate commerce Roger D. Richey (IN) 5 p.m., e.t., Monday through Friday, (74 FR 48338; 74 FR 62883; 80 FR Michael G. Sanchez (CA) except Federal holidays. 74196): Guido J. Scarafoni (MA) Privacy Act: In accordance with 5 Charles E. Boyd (NE) Jeffrey M. Schleisman (IA) U.S.C. 553(c), DOT solicits comments Warren B. Copple, Jr. (MI) Sanampreet Singh (CA) from the public to better inform its Hernan Hernandez (CT) Joshua A. Snyder (WV) rulemaking process. DOT posts these Jeffrey E. Kiehl (MI) Leonard Tawahongva (AZ) comments, without edit, including any Jesus G. Maesse (TX) Edward M. Taylor (NE) personal information the commenter Jackson R. Olive (NY) Donald L. Trogdon (ID) provides, to http://www.regulations.gov, Thomas N. Pico (PA) Lazario R. Watkins (NC) as described in the system of records Jon C. Thomas (MT) Eric J. Watson (NY) notice (DOT/ALL–14 FDMS), which can Dennis M. Thyfault (UT) William T. White (WA) be reviewed at http://www.dot.gov/ The drivers were included in docket The drivers were included in docket privacy. number FMCSA–2009–0242. Their number FMCSA–2015–0336. Their exemptions are applicable as of exemptions are applicable as of II. Background December 1, 2017, and will expire on December 15, 2017, and will expire on On December 11, 2017, FMCSA December 1, 2019. December 15, 2019. published a notice announcing its As of December 10, 2017, and in As of December 17, 2017, and in decision to renew exemptions for 178 accordance with 49 U.S.C. 31136(e) and accordance with 49 U.S.C. 31136(e) and individuals from the insulin-treated 31315, the following six individuals 31315, the following 51 individuals diabetes mellitus prohibition in 49 CFR have satisfied the renewal conditions for have satisfied the renewal conditions for 391.41(b)(3) to operate a CMV in obtaining an exemption from the rule obtaining an exemption from the rule interstate commerce and requested prohibiting drivers with ITDM from prohibiting drivers with ITDM from comments from the public (82 FR driving CMVs in interstate commerce driving CMVs in interstate commerce 58258). The public comment period (73 FR 63042; 73 FR 75163; 80 FR (78 FR 63298; 78 FR 76397; 80 FR ended on January 10, 2018, and no 74196): 74196): comments were received. Herschel J. Crawford (AK) Toni Benfield (SC) As stated in the previous notice, James E. Gaines (NJ) Peter J. Benz (FL) FMCSA has evaluated the eligibility of Allan D. Gralapp (IA) Robert J. Berger, III (PA) these applicants and determined that Scott L. Halm (OH) Daniel A. Bryan (PA) renewing these exemptions would Dean A. Sullivan (KY) Travis D. Clarkston (IN) achieve a level of safety equivalent to or Lawrence W. Thomas (AR) Romero Coleman (WI) greater than the level that would be The drivers were included in docket Michael L. Collins (WA) achieved by complying with the current number FMCSA–2008–0293. Their Stephen A. Cronin (FL) regulation 49 CFR 391.41(b)(3). exemptions are applicable as of Steven M. Dent (IA) The physical qualification standard December 10, 2017, and will expire on John S. Duvall (PA) for drivers regarding diabetes found in December 10, 2019. Robert S. Engel (IN) 49 CFR 391.41(b)(3) states that a person As of December 15, 2017, and in Steven M. Ference (CT) is physically qualified to drive a CMV accordance with 49 U.S.C. 31136(e) and David W. Foster (TN) if that person has no established 31315, the following 35 individuals Francis M. Garlach, III (PA) medical history or clinical diagnosis of have satisfied the renewal conditions for Allen D. Goddard (MO) diabetes mellitus currently requiring obtaining an exemption from the rule Brian L. Gregory (IL) insulin for control. prohibiting drivers with ITDM from Alfonso Grijalva (CA) Jason E. Jacobus (KY) III. Discussion of Comments driving CMVs in interstate commerce (80 FR 70067; 81 FR 6326): Bobby H. Johnson (GA) FMCSA received no comments in this Ramon Becerra (IN) Kevin E. Kneff (MO) preceding. Steven J. Bloemker (OH) Margaret Lopez (NY) John D. May (KS) IV. Conclusion Billy J. Bookout (OK) David M. Brady (NE) Mike C. McDowell (TX) Based upon its evaluation of the 178 William G. Bush (IL) Charles B. McKay (FL) renewal exemption applications and Gene D. Carey, Jr. (PA) Norman C. Mertz (PA) comments received, FMCSA confirms James C. Decker (CA) Travis F. Moon (GA) its’ decision to exempt the following Thomas C. Eklund (OR) Ronald Mooney (ID) drivers from the rule prohibiting drivers Rodney L. Forrister, Jr. (MI) Martin J. Mostyn (OH) with ITDM from driving CMVs in Ronald J. Gasper (SD) Floyd P. Murray, Jr. (UT) interstate commerce in 49 CFR Jeremy J. Giesbrecht (IN) Steven D. Nowakowski (MD) 391.64(3): Ethan T. Heideman (MN) Gary D. Peters (NE) In accordance with 49 U.S.C. 31136(e) David T. Issler (NY) Mark A. Pille (IA) and 31315, the following groups of Todd D. Jacquin (NC) Stephen Plesz (CT) drivers received renewed exemptions in Mark C. Kucharski (CO) Glen E. Pozernick (ID)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15200 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Jody R. Prause (MI) Lennie D. Cook (OH) Shawn P. O’Malley (WA) Walter A. Przewrocki, Jr. (PA) David R. Cornelius (IL) Kenneth W. Phillips (IN) Andrew Quaglia (NY) Scott A. Edwards (PA) Stanley A. Sabin (KY) Ronald J. Ezell (MO) Jakob K. Siler (WA) Joseph F. Schafer, Jr. (PA) Marcus M. Gagne (ME) Darren G. Steil (IA) Gary A. Sjokvist (ND) David P. Govero (MO) Richard E. Wagner (MN) Gary L. Snelling (AL) Christopher A. Jones (WY) Charles W. Sterling (WA) Donald R. McClure, Jr. (PA) John F. Wesoloski, Jr. (ND) Thomas L. Stoudnour (PA) Clyde G. Rishel, Jr. (PA) Levon Wright, Sr. (FL) Matthew S. Thompson (PA) Kurt Schneider (VT) Tadeusz S. Wrzesinki (PA) Robin S. Travis (CO) Douglas O. Sundby (ND) James R. Troutman (PA) The drivers were included in docket The drivers were included in docket William R. Van Gog (WA) number FMCSA–2011–0278. Their number FMCSA–2015–0337. Their Charles S. Watson (IL) exemptions are applicable as of exemptions are applicable as of William E. Wyant, III (IA) December 22, 2017, and will expire on December 29, 2017, and will expire on Mark A. Yurian (MT) December 22, 2019. December 29, 2019. David M. Zanicky (PA) As of December 24, 2017, and in As of December 30, 2017, and in The drivers were included in docket accordance with 49 U.S.C. 31136(e) and number FMCSA–2013–0187. Their accordance with 49 U.S.C. 31136(e) and 31315, the following 12 individuals 31315, the following three individuals exemptions are applicable as of have satisfied the renewal conditions for December 17, 2017, and will expire on have satisfied the renewal conditions for obtaining an exemption from the rule obtaining an exemption from the rule December 17, 2019. prohibiting drivers with ITDM from prohibiting drivers with ITDM from As of December 19, 2017, and in driving CMVs in interstate commerce driving CMVs in interstate commerce accordance with 49 U.S.C. 31136(e) and (78 FR 64267; 78 FR 77784; 80 FR 31315, the following 24 individuals 74196): (80 FR 74190; 81 FR 6332): Cris A. have satisfied the renewal conditions for Brown, (MI); Vincenzo A. Cortese, (CT); Theeir L. Coleman (VA) obtaining an exemption from the rule Keith R. Miller, (WV). William I. Harbolt (MT) prohibiting drivers with ITDM from Ryan L. Harrier (MI) The drivers were included in docket driving CMVs in interstate commerce Larry W. Hines (NM) number FMCSA–2013–0190. Their (72 FR 62514; 72 FR 71996; 76 FR Mark G. Kahler (TX) exemptions are applicable as of 64165; 76 FR 78718; 80 FR 74196): Michael W. McCrary (GA) December 30, 2017, and will expire on Robin R. Baumgartner (WI) Sean T. McMahon (WI) December 30, 2019. Joseph K. Beasley (GA) David S. Monroe (KS) Glenn W. Burke (NY) As of December 31, 2017, and in John E. Parker (KS) accordance with 49 U.S.C. 31136(e) and David P. Charest (FL) David G. Schultz (PA) 31315, Gary L. Crawford (OH) has Derek E. Dowling (PA) Donald A. Spivey (TN) satisfied the renewal conditions for Donald E. Dupke, Jr. (IN) Jerry D. Zimmerman (ND) Donald N. Ellis (IN) obtaining an exemption from the rule Tim E. Holmberg (WI) The drivers were included in docket prohibiting drivers with ITDM from number FMCSA–2013–0184. Their Russell D. Jordan (ND) driving CMVs in interstate commerce exemptions are applicable as of Warren D. Knabe (NE) (78 FR 65034; 79 FR 3917; 80 FR 74196). Jackie L. Lane (TX) December 24, 2017, and will expire on Dennis L. Lorenz (IN) December 24, 2019. This driver was included in docket Robert J. Malone (NJ) As of December 29, 2017, and in number FMCSA–2013–0190. The Toni A. Moore (AR) accordance with 49 U.S.C. 31136(e) and exemption is applicable as of December Clayton A. Powers (CA) 31315, the following 26 individuals 31, 2017, and will expire on December Dennis R. Scheel (SD) have satisfied the renewal conditions for 31, 2019. Michael K. Schulist (MI) obtaining an exemption from the rule In accordance with 49 U.S.C. 31315, Andrew P. Shirk (MS) prohibiting drivers with ITDM from each exemption will be valid for two Jerry L. Smit (MN) driving CMVs in interstate commerce years from the effective date unless Reese L. Sullivan (TX) (80 FR 74190; 81 FR 6332): revoked earlier by FMCSA. The Robert M. Walker (PA) Michael E. Adrieansen (IL) exemption will be revoked if the Robert E. Weiss (MI) Samuel M. Balis (PA) following occurs: (1) The person fails to Robert A. Wild (OR) Dwight J. Banks (IL) Randy L. Wyant (OH) comply with the terms and conditions David R. Bauman, III (MI) of the exemption; (2) the exemption has The drivers were included in docket Dustin D. Brown (WI) resulted in a lower level of safety than numbers FMCSA–2007–29035; Thomas W. Camp (VA) was maintained prior to being granted; FMCSA–2011–0277. Their exemptions Nathan G. Carnes (OR) are applicable as of December 19, 2017, Damiano DiFlorio (NJ) or (3) continuation of the exemption and will expire on December 19, 2019. Sammy N. Fox (PA) would not be consistent with the goals As of December 22, 2017, and in Matthew D. Fox (IN) and objectives of 49 U.S.C. 31136 and accordance with 49 U.S.C. 31136(e) and Chadwick E. Gainey (FL) 31315. 31315, the following 11 individuals Jamal A. George (OH) Issued on: April 2, 2018. have satisfied the renewal conditions for John M. Halm (WA) Larry W. Minor, obtaining an exemption from the rule William R. Hardy (MI) Associate Administrator for Policy. prohibiting drivers with ITDM from Craig A. Hendrickson (IL) driving CMVs in interstate commerce Darold W. Mahlstedt (IA) [FR Doc. 2018–07204 Filed 4–6–18; 8:45 am] (76 FR 66120; 76 FR 79759; 80 FR Robert L. McConnell (PA) BILLING CODE 4910–EX–P 74196): Randall T. Mitchell (AL)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00076 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15201

DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., e.t., Monday through drivers to be qualified under this Friday, except Federal holidays. The standard while wearing a hearing aid, Federal Motor Carrier Safety FDMS is available 24 hours each day, 35 FR 6458, 6463 (April 22, 1970) and Administration 365 days each year. If you want 36 FR 12857 (July 3, 1971). The four individuals listed in this [Docket No. FMCSA–2013–0122; FMCSA– acknowledgment that we received your 2015–0327; FMCSA–2012–0154] comments, please include a self- notice have requested renewal of their addressed, stamped envelope or exemptions from the hearing standard Qualification of Drivers; Exemption postcard or print the acknowledgement in 49 CFR 391.41(b)(11), in accordance Applications; Hearing page that appears after submitting with FMCSA procedures. Accordingly, comments online. FMCSA has evaluated these AGENCY: Federal Motor Carrier Safety Privacy Act: In accordance with 5 applications for renewal on their merits Administration (FMCSA), DOT. U.S.C. 553(c), DOT solicits comments and decided to extend each exemption ACTION: Notice of renewal of from the public to better inform its for a renewable two-year period. exemptions; request for comments. rulemaking process. DOT posts these II. Request for Comments comments, without edit, including any SUMMARY: FMCSA announces its personal information the commenter Interested parties or organizations decision to renew exemptions for four provides, to http://www.regulations.gov, possessing information that would individuals from the hearing as described in the system of records otherwise show that any, or all, of these requirement in the Federal Motor notice (DOT/ALL–14 FDMS), which can drivers are not currently achieving the Carrier Safety Regulations (FMCSRs) for be reviewed at http://www.dot.gov/ statutory level of safety should interstate commercial motor vehicle privacy. immediately notify FMCSA. The (CMV) drivers. The exemptions enable Agency will evaluate any adverse these hard of hearing and deaf FOR FURTHER INFORMATION CONTACT: Ms. evidence submitted and, if safety is individuals to continue to operate CMVs Christine A. Hydock, Chief, Medical being compromised or if continuation of in interstate commerce. Programs Division, 202–366–4001, the exemption would not be consistent [email protected], FMCSA, DATES: The exemptions were applicable with the goals and objectives of 49 Department of Transportation, 1200 on February 24, 2018. The exemptions U.S.C. 31136(e) and 31315, FMCSA will New Jersey Avenue SE, Room W64–224, expire on February 24, 2020. Comments take immediate steps to revoke the Washington, DC 20590–0001. Office must be received on or before May 9, exemption of a driver. hours are from 8:30 a.m. to 5 p.m., e.t., 2018. Monday through Friday, except Federal III. Basis for Renewing Exemptions ADDRESSES: You may submit comments holidays. If you have questions In accordance with 49 U.S.C. 31136(e) bearing the Federal Docket Management regarding viewing or submitting and 31315, each of the four applicants System (FDMS) Docket No. FMCSA– material to the docket, contact Docket has satisfied the renewal conditions for 2013–0122; FMCSA–2015–0327; Services, telephone (202) 366–9826. obtaining an exemption from the FMCSA–2012–0154 using any of the SUPPLEMENTARY INFORMATION: hearing requirement. The 4 drivers in following methods: this notice remain in good standing with • Federal eRulemaking Portal: Go to I. Background the Agency. In addition, for Commercial http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, Driver’s License (CDL) holders, the online instructions for submitting FMCSA may grant an exemption for five Commercial Driver’s License comments. years if it finds ‘‘such exemption would Information System (CDLIS) and the • Mail: Docket Management Facility; likely achieve a level of safety that is Motor Carrier Management Information U.S. Department of Transportation, 1200 equivalent to or greater than the level System (MCMIS) are searched for crash New Jersey Avenue SE, West Building that would be achieved absent such and violation data. For non-CDL Ground Floor, Room W12–140, exemption.’’ The statute also allows the holders, the Agency reviews the driving Washington, DC 20590–0001. Agency to renew exemptions at the end records from the State Driver’s • Hand Delivery: West Building of the five-year period. FMCSA grants Licensing Agency (SDLA). These factors Ground Floor, Room W12–140, 1200 exemptions from the FMCSRs for a two- provide an adequate basis for predicting New Jersey Avenue SE, Washington, year period to align with the maximum each driver’s ability to continue to DC, between 9 a.m. and 5 p.m., e.t., duration of a driver’s medical safely operate a CMV in interstate Monday through Friday, except Federal certification. commerce. Therefore, FMCSA Holidays. The physical qualification standard concludes that extending the exemption • Fax: 1–202–493–2251. for drivers regarding hearing found in for each of these drivers for a period of Instructions: Each submission must 49 CFR 391.41(b)(11) states that a two years is likely to achieve a level of include the Agency name and the person is physically qualified to driver safety equal to that existing without the docket number(s) for this notice. Note a CMV if that person first perceives a exemption. that all comments received will be forced whispered voice in the better ear As of February 24, 2018, and in posted without change to http:// at not less than 5 feet with or without accordance with 49 U.S.C. 31136(e) and www.regulations.gov, including any the use of a hearing aid or, if tested by 31315, the following four individuals personal information provided. Please use of an audiometric device, does not have satisfied the renewal conditions for see the Privacy Act heading below for have an average hearing loss in the obtaining an exemption from the further information. better ear greater than 40 decibels at 500 hearing requirement in the FMCSRs for Docket: For access to the docket to Hz, 1,000 Hz, and 2,000 Hz with or interstate CMV drivers. read background documents or without a hearing aid when the Michael Bunjer (MD) comments, go to http:// audiometric device is calibrated to Allen Estes (LA) www.regulations.gov at any time or American National Standard (formerly Edwin Oakes (NY) Room W12–140 on the ground level of ASA Standard) Z24.5—1951. Kenneth Prusinski (OH) the West Building, 1200 New Jersey 49 CFR 391.41(b)(11) was adopted in The drivers were included in docket Avenue SE, Washington, DC, between 9 1970, with a revision in 1971 to allow numbers FMCSA–2013–0122; FMCSA–

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15202 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

2015–0327; FMCSA;2012–0154. Their DEPARTMENT OF TRANSPORTATION acknowledgment that we received your exemptions are applicable as of comments, please include a self- February 24, 2018, and will expire on Federal Motor Carrier Safety addressed, stamped envelope or February 24, 2020. Administration postcard or print the acknowledgement page that appears after submitting [Docket No. FMCSA–2018–0024] IV. Conditions and Requirements comments online. The exemptions are extended subject Qualification of Drivers; Exemption Privacy Act: In accordance with 5 to the following conditions: (1) Each Applications; Diabetes Mellitus U.S.C. 553(c), DOT solicits comments from the public to better inform its driver must report any crashes or AGENCY: Federal Motor Carrier Safety accidents as defined in 49 CFR 390.5; rulemaking process. DOT posts these Administration (FMCSA), DOT. comments, without edit, including any and (2) report all citations and ACTION: Notice of applications for personal information the commenter convictions for disqualifying offenses exemption; request for comments. provides, to http://www.regulations.gov, under 49 CFR part 383 and 49 CFR 391 as described in the system of records to FMCSA; and (3) each driver SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can prohibited from operating a motorcoach applications from 72 individuals for an be reviewed at http://www.dot.gov/ or bus with passengers in interstate exemption from the prohibition in the privacy. commerce. The driver must also have a Federal Motor Carrier Safety copy of the exemption when driving, for Regulations (FMCSRs) against persons FOR FURTHER INFORMATION CONTACT: Ms. presentation to a duly authorized with insulin-treated diabetes mellitus Christine A. Hydock, Chief, Medical Federal, State, or local enforcement (ITDM) operating a commercial motor Programs Division, (202) 366–4001, official. In addition, the exemption does vehicle (CMV) in interstate commerce. If [email protected], FMCSA, not exempt the individual from meeting granted, the exemptions would enable Department of Transportation, 1200 the applicable CDL testing these individuals with ITDM to operate New Jersey Avenue SE, Room W64–224, Washington, DC 20590–0001. Office requirements. Each exemption will be CMVs in interstate commerce. hours are 8:30 a.m. to 5 p.m., e.t., valid for two years unless rescinded DATES: Comments must be received on or before May 9, 2018. Monday through Friday, except Federal earlier by FMCSA. The exemption will holidays. If you have questions ADDRESSES: be rescinded if: (1) The person fails to You may submit comments regarding viewing or submitting comply with the terms and conditions bearing the Federal Docket Management material to the docket, contact Docket of the exemption; (2) the exemption has System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. resulted in a lower level of safety than 2018–0024 using any of the following SUPPLEMENTARY INFORMATION: was maintained before it was granted; or methods: • (3) continuation of the exemption would Federal eRulemaking Portal: Go to I. Background not be consistent with the goals and http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, objectives of 49 U.S.C. 31136(e) and online instructions for submitting FMCSA may grant an exemption from 31315. comments. • Mail: Docket Management Facility; the FMCSRs for a five-year period if it V. Preemption U.S. Department of Transportation, 1200 finds ‘‘such exemption would likely New Jersey Avenue SE, West Building achieve a level of safety that is During the period the exemption is in Ground Floor, Room W12–140, equivalent to or greater than the level effect, no State shall enforce any law or Washington, DC 20590–0001. that would be achieved absent such regulation that conflicts with this • Hand Delivery: West Building exemption.’’ The statute also allows the exemption with respect to a person Ground Floor, Room W12–140, 1200 Agency to renew exemptions at the end operating under the exemption. New Jersey Avenue SE, Washington, of the five-year period. FMCSA grants exemptions from the FMCSRs for a two- VI. Conclusion DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, except Federal year period to align with the maximum Based upon its evaluation of the 4 Holidays. duration of a driver’s medical exemption applications, FMCSA renews • Fax: 1–202–493–2251. certification. the exemptions of the aforementioned Instructions: Each submission must The 72 individuals listed in this drivers from the hearing requirement in include the Agency name and the notice have requested an exemption 49 CFR 391.41(b)(11). In accordance docket number(s) for this notice. Note from the diabetes prohibition in 49 CFR with 49 U.S.C. 31136(e) and 31315, each that all comments received will be 391.41(b)(3). Accordingly, the Agency will evaluate the qualifications of each exemption will be valid for two years posted without change to http:// applicant to determine whether granting unless revoked earlier by FMCSA. www.regulations.gov, including any personal information provided. Please the exemption will achieve the required Issued on: April 2, 2018. see the Privacy Act heading below for level of safety mandated by statute. Larry W. Minor, further information. The physical qualification standard Associate Administrator for Policy. Docket: For access to the docket to for drivers regarding diabetes found in [FR Doc. 2018–07202 Filed 4–6–18; 8:45 am] read background documents or 49 CFR 391.41(b)(3) states that a person comments, go to http:// BILLING CODE 4910–EX–P is physically qualified to drive a CMV www.regulations.gov at any time or if that person has no established Room W12–140 on the ground level of medical history or clinical diagnosis of the West Building, 1200 New Jersey diabetes mellitus currently requiring Avenue SE, Washington, DC, between 9 insulin for control. The Agency a.m. and 5 p.m., e.t., Monday through established the current requirement for Friday, except Federal holidays. The diabetes in 1970 because several risk FDMS is available 24 hours each day studies indicated that drivers with e.t., 365 days each year. If you want diabetes had a higher rate of crash

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15203

involvement than the general November 8, 2005 (70 FR 67777), safely. Mr. Anderson meets the population. remain in effect. requirements of the vision standard at 49 CFR 391.41(b)(10). His FMCSA established its diabetes II. Qualifications of Applicants exemption program, based on the ophthalmologist examined him in 2018 Agency’s July 2000 study entitled ‘‘A Anthony R. Adamo and certified that he does not have diabetic retinopathy. He holds a Class A Report to Congress on the Feasibility of Mr. Adamo, 62, has had ITDM since CDL from Georgia. a Program to Qualify Individuals with 2013. His endocrinologist examined him Insulin-Treated Diabetes Mellitus to in 2017 and certified that he has had no Robert F. Araway, II Operate in Interstate Commerce as severe hypoglycemic reactions resulting Mr. Araway, 51, has had ITDM since Directed by the Transportation Act for in loss of consciousness, requiring the the 21st Century.’’ The report concluded 2017. His endocrinologist examined him assistance of another person, or in 2018 and certified that he has had no that a safe and practicable protocol to resulting in impaired cognitive function allow some drivers with ITDM to severe hypoglycemic reactions resulting that occurred without warning in the in loss of consciousness, requiring the operate CMVs is feasible. The past 12 months and no recurrent (two or September 3, 2003 (68 FR 52441), assistance of another person, or more) severe hypoglycemic episodes in resulting in impaired cognitive function Federal Register notice in conjunction the last five years. His endocrinologist with the November 8, 2005 (70 FR that occurred without warning in the certifies that Mr. Adamo understands past 12 months and no recurrent (two or 67777), Federal Register notice provides diabetes management and monitoring, the current protocol for allowing such more) severe hypoglycemic episodes in has stable control of his diabetes using the last five years. His endocrinologist drivers to operate CMVs in interstate insulin, and is able to drive a CMV commerce. certifies that Mr. Araway understands safely. Mr. Adamo meets the diabetes management and monitoring, FMCSA notes that section 4129 of the requirements of the vision standard at has stable control of his diabetes using Safe, Accountable, Flexible and 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV Efficient Transportation Equity Act: A examined him in 2017 and certified that safely. Mr. Araway meets the Legacy for Users requires the Secretary he does not have diabetic retinopathy. requirements of the vision standard at to revise its diabetes exemption program He holds an operator’s license from New 49 CFR 391.41(b)(10). His optometrist established on September 3, 2003 (68 FR York. examined him in 2017 and certified that 52441). The revision must provide for he does not have diabetic retinopathy. individual assessment of drivers with Waleid M. Aly He holds a Class A CDL from Michigan. diabetes mellitus, and be consistent Mr. Aly, 43, has had ITDM since with the criteria described in section 2016. His endocrinologist examined him Roger M. Aschan 4018 of the Transportation Equity Act in 2017 and certified that he has had no Mr. Aschan, 56, has had ITDM since for the 21st Century (49 U.S.C. 31305). severe hypoglycemic reactions resulting 2018. His endocrinologist examined him Section 4129 requires: (1) Elimination of in loss of consciousness, requiring the in 2018 and certified that he has had no the requirement for three years of assistance of another person, or severe hypoglycemic reactions resulting experience operating CMVs while being resulting in impaired cognitive function in loss of consciousness, requiring the treated with insulin; and (2) that occurred without warning in the assistance of another person, or establishment of a specified minimum past 12 months and no recurrent (two or resulting in impaired cognitive function period of insulin use to demonstrate more) severe hypoglycemic episodes in that occurred without warning in the stable control of diabetes before being the last five years. His endocrinologist past 12 months and no recurrent (two or allowed to operate a CMV. certifies that Mr. Aly understands more) severe hypoglycemic episodes in In response to section 4129, FMCSA diabetes management and monitoring, the last five years. His endocrinologist made immediate revisions to the has stable control of his diabetes using certifies that Mr. Aschan understands diabetes exemption program established insulin, and is able to drive a CMV diabetes management and monitoring, by the September 3, 2003 notice. safely. Mr. Aly meets the requirements has stable control of his diabetes using FMCSA discontinued use of the three- of the vision standard at 49 CFR insulin, and is able to drive a CMV year driving experience and fulfilled the 391.41(b)(10). His optometrist examined safely. Mr. Aschan meets the requirements of section 4129 while him in 2017 and certified that he does requirements of the vision standard at continuing to ensure that operation of not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His CMVs by drivers with ITDM will a operator’s license from New Jersey. ophthalmologist examined him in 2018 achieve the requisite level of safety Danny T. Anderson and certified that he does not have required of all exemptions granted diabetic retinopathy. He holds a Class A under 49 U.S.C. 31136 (e). Section Mr. Anderson, 51, has had ITDM CDL from Iowa. 4129(d) also directed FMCSA to ensure since 2017. His endocrinologist that drivers of CMVs with ITDM are not examined him in 2018 and certified that James V. Azzarello held to a higher standard than other he has had no severe hypoglycemic Mr. Azzarello, 33, has had ITDM since drivers, with the exception of limited reactions resulting in loss of 2017. His endocrinologist examined him operating, monitoring and medical consciousness, requiring the assistance in 2018 and certified that he has had no requirements that are deemed medically of another person, or resulting in severe hypoglycemic reactions resulting necessary. The FMCSA concluded that impaired cognitive function that in loss of consciousness, requiring the all of the operating, monitoring and occurred without warning in the past 12 assistance of another person, or medical requirements set out in the months and no recurrent (two or more) resulting in impaired cognitive function September 3, 2003, notice, except as severe hypoglycemic episodes in the that occurred without warning in the modified, were in compliance with last five years. His endocrinologist past 12 months and no recurrent (two or section 4129(d). Therefore, all of the certifies that Mr. Anderson understands more) severe hypoglycemic episodes in requirements set out in the September 3, diabetes management and monitoring, the last five years. His endocrinologist 2003, notice, except as modified by the has stable control of his diabetes using certifies that Mr. Azzarello understands notice in the Federal Register on insulin, and is able to drive a CMV diabetes management and monitoring,

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15204 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

has stable control of his diabetes using certifies that Mr. Bates understands certifies that Mr. Brown understands insulin, and is able to drive a CMV diabetes management and monitoring, diabetes management and monitoring, safely. Mr. Azzarello meets the has stable control of his diabetes using has stable control of his diabetes using requirements of the vision standard at insulin, and is able to drive a CMV insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His safely. Mr. Bates meets the requirements safely. Mr. Brown meets the ophthalmologist examined him in 2018 of the vision standard at 49 CFR requirements of the vision standard at and certified that he does not have 391.41(b)(10). His optometrist examined 49 CFR 391.41(b)(10). His optometrist diabetic retinopathy. He holds a Class B him in 2018 and certified that he does examined him in 2017 and certified that CDL from Pennsylvania. not have diabetic retinopathy. He holds he does not have diabetic retinopathy. a Class A CDL from Texas. He holds a Class A CDL from Iowa. Curtis B. Baker Mr. Baker, 68, has had ITDM since Timmy L. Bergman David W. Burkholder 2012. His endocrinologist examined him Mr. Bergman, 61, has had ITDM since Mr. Burkholder, 67, has had ITDM in 2018 and certified that he has had no 2011. His endocrinologist examined him since 2012. His endocrinologist severe hypoglycemic reactions resulting in 2017 and certified that he has had no examined him in 2017 and certified that in loss of consciousness, requiring the severe hypoglycemic reactions resulting he has had no severe hypoglycemic assistance of another person, or in loss of consciousness, requiring the reactions resulting in loss of resulting in impaired cognitive function assistance of another person, or consciousness, requiring the assistance that occurred without warning in the resulting in impaired cognitive function of another person, or resulting in past 12 months and no recurrent (two or that occurred without warning in the impaired cognitive function that more) severe hypoglycemic episodes in past 12 months and no recurrent (two or occurred without warning in the past 12 the last five years. His endocrinologist more) severe hypoglycemic episodes in months and no recurrent (two or more) certifies that Mr. Baker understands the last five years. His endocrinologist severe hypoglycemic episodes in the diabetes management and monitoring, certifies that Mr. Bergman understands last five years. His endocrinologist has stable control of his diabetes using diabetes management and monitoring, certifies that Mr. Burkholder insulin, and is able to drive a CMV has stable control of his diabetes using understands diabetes management and safely. Mr. Baker meets the insulin, and is able to drive a CMV monitoring, has stable control of his requirements of the vision standard at safely. Mr. Bergman meets the diabetes using insulin, and is able to 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at drive a CMV safely. Mr. Burkholder examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist meets the requirements of the vision he does not have diabetic retinopathy. examined him in 2017 and certified that standard at 49 CFR 391.41(b)(10). His He holds a Class A CDL from Delaware. he does not have diabetic retinopathy. optometrist examined him in 2017 and He holds a Class A CDL from Indiana. certified that he has stable Keith L. Banitt nonproliferative diabetic retinopathy. John G. Biggs Mr. Banitt, 61, has had ITDM since He holds a Class A CDL from 2015. His endocrinologist examined him Mr. Biggs, 58, has had ITDM since Pennsylvania. in 2018 and certified that he has had no 2017. His endocrinologist examined him severe hypoglycemic reactions resulting in 2017 and certified that he has had no Jeffrey J. Burrichter in loss of consciousness, requiring the severe hypoglycemic reactions resulting Mr. Burrichter, 62, has had ITDM assistance of another person, or in loss of consciousness, requiring the since 2003. His endocrinologist resulting in impaired cognitive function assistance of another person, or examined him in 2017 and certified that that occurred without warning in the resulting in impaired cognitive function he has had no severe hypoglycemic past 12 months and no recurrent (two or that occurred without warning in the reactions resulting in loss of more) severe hypoglycemic episodes in past 12 months and no recurrent (two or consciousness, requiring the assistance the last five years. His endocrinologist more) severe hypoglycemic episodes in of another person, or resulting in certifies that Mr. Banitt understands the last five years. His endocrinologist impaired cognitive function that diabetes management and monitoring, certifies that Mr. Biggs understands occurred without warning in the past 12 has stable control of his diabetes using diabetes management and monitoring, months and no recurrent (two or more) insulin, and is able to drive a CMV has stable control of his diabetes using severe hypoglycemic episodes in the safely. Mr. Banitt meets the insulin, and is able to drive a CMV last five years. His endocrinologist requirements of the vision standard at safely. Mr. Biggs meets the requirements certifies that Mr. Burrichter understands 49 CFR 391.41(b)(10). His optometrist of the vision standard at 49 CFR diabetes management and monitoring, examined him in 2018 and certified that 391.41(b)(10). His optometrist examined has stable control of his diabetes using he does not have diabetic retinopathy. him in 2017 and certified that he does insulin, and is able to drive a CMV He holds a Class A CDL from not have diabetic retinopathy. He holds safely. Mr. Burrichter meets the Minnesota. an operator’s license from Missouri. requirements of the vision standard at 49 CFR 391.41(b)(10). His Robert L. Bates Jason R. Brown ophthalmologist examined him in 2017 Mr. Bates, 64, has had ITDM since Mr. Brown, 44, has had ITDM since and certified that he does not have 2015. His endocrinologist examined him 2017. His endocrinologist examined him diabetic retinopathy. He holds an in 2018 and certified that he has had no in 2018 and certified that he has had no operator’s license from Texas. severe hypoglycemic reactions resulting severe hypoglycemic reactions resulting in loss of consciousness, requiring the in loss of consciousness, requiring the Lou M. Cain assistance of another person, or assistance of another person, or Mr. Cain, 45, has had ITDM since resulting in impaired cognitive function resulting in impaired cognitive function 2014. His endocrinologist examined him that occurred without warning in the that occurred without warning in the in 2018 and certified that he has had no past 12 months and no recurrent (two or past 12 months and no recurrent (two or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in more) severe hypoglycemic episodes in in loss of consciousness, requiring the the last five years. His endocrinologist the last five years. His endocrinologist assistance of another person, or

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15205

resulting in impaired cognitive function in loss of consciousness, requiring the in 2018 and certified that he has had no that occurred without warning in the assistance of another person, or severe hypoglycemic reactions resulting past 12 months and no recurrent (two or resulting in impaired cognitive function in loss of consciousness, requiring the more) severe hypoglycemic episodes in that occurred without warning in the assistance of another person, or the last five years. His endocrinologist past 12 months and no recurrent (two or resulting in impaired cognitive function certifies that Mr. Cain understands more) severe hypoglycemic episodes in that occurred without warning in the diabetes management and monitoring, the last five years. His endocrinologist past 12 months and no recurrent (two or has stable control of his diabetes using certifies that Mr. Christian understands more) severe hypoglycemic episodes in insulin, and is able to drive a CMV diabetes management and monitoring, the last five years. His endocrinologist safely. Mr. Cain meets the requirements has stable control of his diabetes using certifies that Mr. Fowler understands of the vision standard at 49 CFR insulin, and is able to drive a CMV diabetes management and monitoring, 391.41(b)(10). His optometrist examined safely. Mr. Christian meets the has stable control of his diabetes using him in 2018 and certified that he does requirements of the vision standard at insulin, and is able to drive a CMV not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist safely. Mr. Fowler meets the an operator’s license from Texas. examined him in 2017 and certified that he does not have diabetic retinopathy. requirements of the vision standard at Brayden S. Carothers He holds a Class A CDL from California. 49 CFR 391.41(b)(10). His optometrist Mr. Carothers, 21, has had ITDM since examined him in 2018 and certified that 2014. His endocrinologist examined him Yasser A. Daadour he does not have diabetic retinopathy. in 2018 and certified that he has had no Mr. Daadour, 47, has had ITDM since He holds a Class A CDL from Ohio. severe hypoglycemic reactions resulting 2016. His endocrinologist examined him Corey J. Gillard in loss of consciousness, requiring the in 2018 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting Mr. Gillard, 36, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2012. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2018 and certified that he has had no past 12 months and no recurrent (two or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last five years. His endocrinologist past 12 months and no recurrent (two or assistance of another person, or certifies that Mr. Carothers understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last five years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Daadour understands past 12 months and no recurrent (two or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Carothers meets the has stable control of his diabetes using the last five years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His safely. Mr. Daadour meets the certifies that Mr. Gillard understands ophthalmologist examined him in 2017 requirements of the vision standard at diabetes management and monitoring, and certified that he does not have 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using diabetic retinopathy. He holds an examined him in 2017 and certified that insulin, and is able to drive a CMV operator’s license from Utah. he does not have diabetic retinopathy. safely. Mr. Gillard meets the He holds an operator’s license from requirements of the vision standard at William E. Carr Washington. 49 CFR 391.41(b)(10). His Mr. Carr, 37, has had ITDM since ophthalmologist examined him in 2018 2009. His endocrinologist examined him Michael C. Elliott and certified that he does not have in 2017 and certified that he has had no Mr. Elliott, 32, has had ITDM since diabetic retinopathy. He holds an severe hypoglycemic reactions resulting 1996. His endocrinologist examined him operator’s license from Tennessee. in loss of consciousness, requiring the in 2017 and certified that he has had no assistance of another person, or severe hypoglycemic reactions resulting John D. Goodrich resulting in impaired cognitive function in loss of consciousness, requiring the Mr. Goodrich, 57, has had ITDM since that occurred without warning in the assistance of another person, or 2017. His endocrinologist examined him past 12 months and no recurrent (two or resulting in impaired cognitive function in 2017 and certified that he has had no more) severe hypoglycemic episodes in that occurred without warning in the severe hypoglycemic reactions resulting the last five years. His endocrinologist past 12 months and no recurrent (two or in loss of consciousness, requiring the certifies that Mr. Carr understands more) severe hypoglycemic episodes in assistance of another person, or diabetes management and monitoring, the last five years. His endocrinologist resulting in impaired cognitive function has stable control of his diabetes using certifies that Mr. Elliott understands that occurred without warning in the insulin, and is able to drive a CMV diabetes management and monitoring, past 12 months and no recurrent (two or safely. Mr. Carr meets the requirements has stable control of his diabetes using of the vision standard at 49 CFR insulin, and is able to drive a CMV more) severe hypoglycemic episodes in 391.41(b)(10). His ophthalmologist safely. Mr. Elliott meets the the last five years. His endocrinologist examined him in 2017 and certified that requirements of the vision standard at certifies that Mr. Goodrich understands he has stable nonproliferative diabetic 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, retinopathy. He holds an operator’s examined him in 2018 and certified that has stable control of his diabetes using license from Massachusetts. he does not have diabetic retinopathy. insulin, and is able to drive a CMV He holds an operator’s license from safely. Mr. Goodrich meets the Ebon T. Christian Kentucky. requirements of the vision standard at Mr. Christian, 44, has had ITDM since 49 CFR 391.41(b)(10). His optometrist 2013. His endocrinologist examined him Michael A. Fowler examined him in 2018 and certified that in 2017 and certified that he has had no Mr. Fowler, 53, has had ITDM since he does not have diabetic retinopathy. severe hypoglycemic reactions resulting 2010. His endocrinologist examined him He holds a Class B CDL from Nebraska.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15206 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Mike Gordon examined him in 2017 and certified that of the vision standard at 49 CFR Mr. Gordon, 57, has had ITDM since he does not have diabetic retinopathy. 391.41(b)(10). His optometrist examined 2015. His endocrinologist examined him He holds a Class A CDL from Indiana. him in 2018 and certified that he does not have diabetic retinopathy. He holds in 2018 and certified that he has had no Kasey D. Hardie an operator’s license from Illinois. severe hypoglycemic reactions resulting Mr. Hardie, 29, has had ITDM since in loss of consciousness, requiring the 1999. His endocrinologist examined him Peter M. Hluchaniuk assistance of another person, or in 2018 and certified that he has had no Mr. Hluchaniuk, 57, has had ITDM resulting in impaired cognitive function severe hypoglycemic reactions resulting since 2015. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the examined him in 2017 and certified that past 12 months and no recurrent (two or assistance of another person, or he has had no severe hypoglycemic more) severe hypoglycemic episodes in resulting in impaired cognitive function reactions resulting in loss of the last five years. His endocrinologist that occurred without warning in the consciousness, requiring the assistance certifies that Mr. Gordon understands past 12 months and no recurrent (two or of another person, or resulting in diabetes management and monitoring, more) severe hypoglycemic episodes in impaired cognitive function that has stable control of his diabetes using the last five years. His endocrinologist occurred without warning in the past 12 insulin, and is able to drive a CMV certifies that Mr. Hardie understands months and no recurrent (two or more) safely. Mr. Gordon meets the diabetes management and monitoring, severe hypoglycemic episodes in the requirements of the vision standard at has stable control of his diabetes using last five years. His endocrinologist 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV certifies that Mr. Hluchaniuk ophthalmologist examined him in 2017 safely. Mr. Hardie meets the understands diabetes management and and certified that he has stable requirements of the vision standard at monitoring, has stable control of his nonproliferative diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist diabetes using insulin, and is able to He holds an operator’s license from examined him in 2017 and certified that drive a CMV safely. Mr. Hluchaniuk California. he does not have diabetic retinopathy. meets the requirements of the vision Daniel W. Greene He holds a Class A CDL from standard at 49 CFR 391.41(b)(10). His Washington. optometrist examined him in 2017 and Mr. Greene, 45, has had ITDM since certified that he does not have diabetic Donald F. Higgins 2017. His endocrinologist examined him retinopathy. He holds a Class A CDL in 2017 and certified that he has had no Mr. Higgins, 45, has had ITDM since from Florida. severe hypoglycemic reactions resulting 2003. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no Phillip G. Hortin assistance of another person, or severe hypoglycemic reactions resulting Mr. Hortin, 54, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2017. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2018 and certified that he has had no past 12 months and no recurrent (two or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last five years. His endocrinologist past 12 months and no recurrent (two or assistance of another person, or certifies that Mr. Greene understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last five years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Higgins understands past 12 months and no recurrent (two or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Greene meets the has stable control of his diabetes using the last five years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Hortin understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Higgins meets the diabetes management and monitoring, examined him in 2017 and certified that requirements of the vision standard at has stable control of his diabetes using he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV He holds a Class A CDL from Indiana. examined him in 2018 and certified that safely. Mr. Hortin meets the Rodney K. Hammond he has stable nonproliferative diabetic requirements of the vision standard at retinopathy. He holds an operator’s 49 CFR 391.41(b)(10). His optometrist Mr. Hammond, 54, has had ITDM license from Indiana. examined him in 2017 and certified that since 2017. His endocrinologist he does not have diabetic retinopathy. Raymond O. Hill examined him in 2017 and certified that He holds a Class A CDL from Indiana. he has had no severe hypoglycemic Mr. Hill, 23, has had ITDM since reactions resulting in loss of 2003. His endocrinologist examined him Robert C. Hosfelt consciousness, requiring the assistance in 2018 and certified that he has had no Mr. Hosfelt, 57, has had ITDM since of another person, or resulting in severe hypoglycemic reactions resulting 2014. His endocrinologist examined him impaired cognitive function that in loss of consciousness, requiring the in 2017 and certified that he has had no occurred without warning in the past 12 assistance of another person, or severe hypoglycemic reactions resulting months and no recurrent (two or more) resulting in impaired cognitive function in loss of consciousness, requiring the severe hypoglycemic episodes in the that occurred without warning in the assistance of another person, or last five years. His endocrinologist past 12 months and no recurrent (two or resulting in impaired cognitive function certifies that Mr. Hammond understands more) severe hypoglycemic episodes in that occurred without warning in the diabetes management and monitoring, the last five years. His endocrinologist past 12 months and no recurrent (two or has stable control of his diabetes using certifies that Mr. Hill understands more) severe hypoglycemic episodes in insulin, and is able to drive a CMV diabetes management and monitoring, the last five years. His endocrinologist safely. Mr. Hammond meets the has stable control of his diabetes using certifies that Mr. Hosfelt understands requirements of the vision standard at insulin, and is able to drive a CMV diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist safely. Mr. Hill meets the requirements has stable control of his diabetes using

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15207

insulin, and is able to drive a CMV certifies that Mr. Judd understands more) severe hypoglycemic episodes in safely. Mr. Hosfelt meets the diabetes management and monitoring, the last five years. His endocrinologist requirements of the vision standard at has stable control of his diabetes using certifies that Mr. Lampela understands 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV diabetes management and monitoring, examined him in 2017 and certified that safely. Mr. Judd meets the requirements has stable control of his diabetes using he does not have diabetic retinopathy. of the vision standard at 49 CFR insulin, and is able to drive a CMV He holds a Class A CDL from 391.41(b)(10). His optometrist examined safely. Mr. Lampela meets the Pennsylvania. him in 2018 and certified that he does requirements of the vision standard at not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His optometrist Benjirman A. Hufstedler a Class A CDL from Kansas. examined him in 2017 and certified that Mr. Hufstedler, 33, has had ITDM he does not have diabetic retinopathy. Joseph Kohorst since 2013. His endocrinologist He holds a Class A CDL from Michigan. examined him in 2018 and certified that Mr. Kohorst, 58, has had ITDM since he has had no severe hypoglycemic 2013. His endocrinologist examined him Timothy Leroux reactions resulting in loss of in 2018 and certified that he has had no Mr. Leroux, 21, has had ITDM since consciousness, requiring the assistance severe hypoglycemic reactions resulting 2001. His endocrinologist examined him of another person, or resulting in in loss of consciousness, requiring the in 2017 and certified that he has had no impaired cognitive function that assistance of another person, or severe hypoglycemic reactions resulting occurred without warning in the past 12 resulting in impaired cognitive function in loss of consciousness, requiring the months and no recurrent (two or more) that occurred without warning in the assistance of another person, or severe hypoglycemic episodes in the past 12 months and no recurrent (two or resulting in impaired cognitive function last five years. His endocrinologist more) severe hypoglycemic episodes in that occurred without warning in the certifies that Mr. Hufstedler understands the last five years. His endocrinologist past 12 months and no recurrent (two or diabetes management and monitoring, certifies that Mr. Kohorst understands more) severe hypoglycemic episodes in has stable control of his diabetes using diabetes management and monitoring, the last five years. His endocrinologist insulin, and is able to drive a CMV has stable control of his diabetes using certifies that Mr. Leroux understands safely. Mr. Hufstedler meets the insulin, and is able to drive a CMV diabetes management and monitoring, requirements of the vision standard at safely. Mr. Kohorst meets the has stable control of his diabetes using 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at insulin, and is able to drive a CMV examined him in 2018 and certified that 49 CFR 391.41(b)(10). His optometrist safely. Mr. Leroux meets the he does not have diabetic retinopathy. examined him in 2018 and certified that requirements of the vision standard at He holds an operator’s license from he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Nebraska. He holds an operator’s license from examined him in 2017 and certified that Texas. he does not have diabetic retinopathy. Terry A. Jeralds He holds an operator’s license from Matthew J. Lacey, Sr. Mr. Jeralds, 57, has had ITDM since Massachusetts. 2000. His endocrinologist examined him Mr. Lacey, 56, has had ITDM since in 2017 and certified that he has had no 1986. His endocrinologist examined him Robert A. Lukasavage severe hypoglycemic reactions resulting in 2017 and certified that he has had no Mr. Lukasavage, 60, has had ITDM in loss of consciousness, requiring the severe hypoglycemic reactions resulting since 2016. His endocrinologist assistance of another person, or in loss of consciousness, requiring the examined him in 2017 and certified that resulting in impaired cognitive function assistance of another person, or he has had no severe hypoglycemic that occurred without warning in the resulting in impaired cognitive function reactions resulting in loss of past 12 months and no recurrent (two or that occurred without warning in the consciousness, requiring the assistance more) severe hypoglycemic episodes in past 12 months and no recurrent (two or of another person, or resulting in the last five years. His endocrinologist more) severe hypoglycemic episodes in impaired cognitive function that certifies that Mr. Jeralds understands the last five years. His endocrinologist occurred without warning in the past 12 diabetes management and monitoring, certifies that Mr. Lacey understands months and no recurrent (two or more) has stable control of his diabetes using diabetes management and monitoring, severe hypoglycemic episodes in the insulin, and is able to drive a CMV has stable control of his diabetes using last five years. His endocrinologist safely. Mr. Jeralds meets the insulin, and is able to drive a CMV certifies that Mr. Lukasavage requirements of the vision standard at safely. Mr. Lacey meets the understands diabetes management and 49 CFR 391.41(b)(10). His optometrist requirements of the vision standard at monitoring, has stable control of his examined him in 2017 and certified that 49 CFR 391.41(b)(10). His diabetes using insulin, and is able to he does not have diabetic retinopathy. ophthalmologist examined him in 2017 drive a CMV safely. Mr. Lukasavage He holds a Class B CDL from Illinois. and certified that he has stable meets the requirements of the vision proliferative diabetic retinopathy. He standard at 49 CFR 391.41(b)(10). His Nicholas L. Judd holds a Class A CDL from Illinois. optometrist examined him in 2017 and Mr. Judd, 37, has had ITDM since certified that he does not have diabetic Douglas B. Lampela 2013. His endocrinologist examined him retinopathy. He holds a Class A CDL in 2017 and certified that he has had no Mr. Lampela, 54, has had ITDM since from Pennsylvania. severe hypoglycemic reactions resulting 2012. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no Elias Martinez-Medina assistance of another person, or severe hypoglycemic reactions resulting Mr. Martinez-Medina, 46, has had resulting in impaired cognitive function in loss of consciousness, requiring the ITDM since 2017. His endocrinologist that occurred without warning in the assistance of another person, or examined him in 2017 and certified that past 12 months and no recurrent (two or resulting in impaired cognitive function he has had no severe hypoglycemic more) severe hypoglycemic episodes in that occurred without warning in the reactions resulting in loss of the last five years. His endocrinologist past 12 months and no recurrent (two or consciousness, requiring the assistance

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15208 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

of another person, or resulting in Barbara J. McNew he does not have diabetic retinopathy. impaired cognitive function that Ms. McNew, 60, has had ITDM since He holds a Class A CDL from Iowa. occurred without warning in the past 12 2017. Her endocrinologist examined her Ibrahim Moussa months and no recurrent (two or more) in 2018 and certified that she has had severe hypoglycemic episodes in the Mr. Moussa, 61, has had ITDM since no severe hypoglycemic reactions 2017. His endocrinologist examined him last five years. His endocrinologist resulting in loss of consciousness, certifies that Mr. Martinez-Medina in 2017 and certified that he has had no requiring the assistance of another severe hypoglycemic reactions resulting understands diabetes management and person, or resulting in impaired in loss of consciousness, requiring the monitoring, has stable control of his cognitive function that occurred without assistance of another person, or diabetes using insulin, and is able to warning in the past 12 months and no resulting in impaired cognitive function drive a CMV safely. Mr. Martinez- recurrent (two or more) severe that occurred without warning in the Medina meets the requirements of the hypoglycemic episodes in the last five past 12 months and no recurrent (two or vision standard at 49 CFR 391.41(b)(10). years. Her endocrinologist certifies that more) severe hypoglycemic episodes in His optometrist examined him in 2018 Ms. McNew understands diabetes the last five years. His endocrinologist and certified that he does not have management and monitoring, has stable certifies that Mr. Moussa understands diabetic retinopathy. He holds a Class A control of her diabetes using insulin, diabetes management and monitoring, CDL from Idaho. and is able to drive a CMV safely. Ms. has stable control of his diabetes using McNew meets the requirements of the Michael E. Maxcy insulin, and is able to drive a CMV vision standard at 49 CFR 391.41(b)(10). safely. Mr. Moussa meets the Mr. Maxcy, 68, has had ITDM since Her optometrist examined her in 2017 requirements of the vision standard at 2016. His endocrinologist examined him and certified that she does not have 49 CFR 391.41(b)(10). His optometrist diabetic retinopathy. She holds a Class in 2017 and certified that he has had no examined him in 2017 and certified that A CDL from Indiana. severe hypoglycemic reactions resulting he does not have diabetic retinopathy. in loss of consciousness, requiring the William A. Mejia He holds an operator’s license from Indiana. assistance of another person, or Mr. Mejia, 37, has had ITDM since resulting in impaired cognitive function 2015. His endocrinologist examined him Steven E. Nixon that occurred without warning in the in 2018 and certified that he has had no Mr. Nixon, 69, has had ITDM since past 12 months and no recurrent (two or severe hypoglycemic reactions resulting 2017. His endocrinologist examined him more) severe hypoglycemic episodes in in loss of consciousness, requiring the in 2017 and certified that he has had no the last five years. His endocrinologist assistance of another person, or severe hypoglycemic reactions resulting certifies that Mr. Maxcy understands resulting in impaired cognitive function in loss of consciousness, requiring the diabetes management and monitoring, that occurred without warning in the assistance of another person, or has stable control of his diabetes using past 12 months and no recurrent (two or resulting in impaired cognitive function insulin, and is able to drive a CMV more) severe hypoglycemic episodes in that occurred without warning in the safely. Mr. Maxcy meets the the last five years. His endocrinologist past 12 months and no recurrent (two or requirements of the vision standard at certifies that Mr. Mejia understands more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His optometrist diabetes management and monitoring, the last five years. His endocrinologist examined him in 2017 and certified that has stable control of his diabetes using certifies that Mr. Nixon understands he does not have diabetic retinopathy. insulin, and is able to drive a CMV diabetes management and monitoring, He holds a Class A CDL from safely. Mr. Mejia meets the requirements has stable control of his diabetes using Mississippi. of the vision standard at 49 CFR insulin, and is able to drive a CMV 391.41(b)(10). His ophthalmologist safely. Mr. Nixon meets the Edwin P. McNamara examined him in 2017 and certified that requirements of the vision standard at Mr. McNamara, 61, has had ITDM he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His He holds a Class A CDL from since 2015. His endocrinologist ophthalmologist examined him in 2018 Massachusetts. examined him in 2018 and certified that and certified that he does not have he has had no severe hypoglycemic David L. Mitchell diabetic retinopathy. He holds a Class A CDL from Colorado. reactions resulting in loss of Mr. Mitchell, 60, has had ITDM since consciousness, requiring the assistance 2017. His endocrinologist examined him Kendrick D. Northan of another person, or resulting in in 2017 and certified that he has had no Mr. Northan, 36, has had ITDM since impaired cognitive function that severe hypoglycemic reactions resulting 2017. His endocrinologist examined him occurred without warning in the past 12 in loss of consciousness, requiring the in 2018 and certified that he has had no months and no recurrent (two or more) assistance of another person, or severe hypoglycemic reactions resulting severe hypoglycemic episodes in the resulting in impaired cognitive function in loss of consciousness, requiring the last five years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. McNamara past 12 months and no recurrent (two or resulting in impaired cognitive function understands diabetes management and more) severe hypoglycemic episodes in that occurred without warning in the monitoring, has stable control of his the last five years. His endocrinologist past 12 months and no recurrent (two or diabetes using insulin, and is able to certifies that Mr. Mitchell understands more) severe hypoglycemic episodes in drive a CMV safely. Mr. McNamara diabetes management and monitoring, the last five years. His endocrinologist meets the requirements of the vision has stable control of his diabetes using certifies that Mr. Northan understands standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV diabetes management and monitoring, ophthalmologist examined him in 2017 safely. Mr. Mitchell meets the has stable control of his diabetes using and certified that he does not have requirements of the vision standard at insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist safely. Mr. Northan meets the CDL from South Dakota. examined him in 2017 and certified that requirements of the vision standard at

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15209

49 CFR 391.41(b)(10). His safely. Mr. Pittsley meets the diabetes management and monitoring, ophthalmologist examined him in 2017 requirements of the vision standard at has stable control of his diabetes using and certified that he does not have 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV diabetic retinopathy. He holds a Class A examined him in 2018 and certified that safely. Mr. Scholten meets the CDL from Virginia. he does not have diabetic retinopathy. requirements of the vision standard at He holds an operator’s license from 49 CFR 391.41(b)(10). His optometrist Robert L. Pae, Jr. North Dakota. examined him in 2017 and certified that Mr. Pae, 47, has had ITDM since 2017. he does not have diabetic retinopathy. Austin L. Powell His endocrinologist examined him in He holds an operator’s license from 2017 and certified that he has had no Mr. Powell, 63, has had ITDM since Michigan. severe hypoglycemic reactions resulting 1998. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no Gerod M. Scott assistance of another person, or severe hypoglycemic reactions resulting Mr. Scott, 44, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2014. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2017 and certified that he has had no past 12 months and no recurrent (two or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last five years. His endocrinologist past 12 months and no recurrent (two or assistance of another person, or certifies that Mr. Pae understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last five years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Powell understands past 12 months and no recurrent (two or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Pae meets the requirements has stable control of his diabetes using the last five years. His endocrinologist of the vision standard at 49 CFR insulin, and is able to drive a CMV certifies that Mr. Scott understands 391.41(b)(10). His optometrist examined safely. Mr. Powell meets the diabetes management and monitoring, him in 2017 and certified that he does requirements of the vision standard at has stable control of his diabetes using not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV a Class B CDL from New Jersey. ophthalmologist examined him in 2017 safely. Mr. Scott meets the requirements and certified that he does not have of the vision standard at 49 CFR James A. Parnell diabetic retinopathy. He holds an 391.41(b)(10). His ophthalmologist Mr. Parnell, 38, has had ITDM since operator’s license from Texas. examined him in 2017 and certified that 2017. His endocrinologist examined him he has stable nonproliferative diabetic Randolph L. Saunders in 2018 and certified that he has had no retinopathy. He holds an operator’s severe hypoglycemic reactions resulting Mr. Saunders, 63, has had ITDM since license from South Carolina. in loss of consciousness, requiring the 2016. His endocrinologist examined him assistance of another person, or in 2017 and certified that he has had no Patty A. Sealy resulting in impaired cognitive function severe hypoglycemic reactions resulting Ms. Sealy, 61, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2017. Her endocrinologist examined her past 12 months and no recurrent (two or assistance of another person, or in 2017 and certified that she has had more) severe hypoglycemic episodes in resulting in impaired cognitive function no severe hypoglycemic reactions the last five years. His endocrinologist that occurred without warning in the resulting in loss of consciousness, certifies that Mr. Parnell understands past 12 months and no recurrent (two or requiring the assistance of another diabetes management and monitoring, more) severe hypoglycemic episodes in person, or resulting in impaired has stable control of his diabetes using the last five years. His endocrinologist cognitive function that occurred without insulin, and is able to drive a CMV certifies that Mr. Saunders understands warning in the past 12 months and no safely. Mr. Parnell meets the diabetes management and monitoring, recurrent (two or more) severe requirements of the vision standard at has stable control of his diabetes using hypoglycemic episodes in the last five 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV years. Her endocrinologist certifies that ophthalmologist examined him in 2018 safely. Mr. Saunders meets the Ms. Sealy understands diabetes and certified that he does not have requirements of the vision standard at management and monitoring, has stable diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His control of her diabetes using insulin, CDL from South Carolina. ophthalmologist examined him in 2017 and is able to drive a CMV safely. Ms. and certified that he does not have Sealy meets the requirements of the Tyler D. Pittsley diabetic retinopathy. He holds a Class A vision standard at 49 CFR 391.41(b)(10). Mr. Pittsley, 26, has had ITDM since CDL from Pennsylvania. Her ophthalmologist examined her in 2004. His endocrinologist examined him 2017 and certified that she does not Thomas J. Scholten in 2017 and certified that he has had no have diabetic retinopathy. She holds a severe hypoglycemic reactions resulting Mr. Scholten, 59, has had ITDM since Class A CDL from Alabama. in loss of consciousness, requiring the 2012. His endocrinologist examined him assistance of another person, or in 2018 and certified that he has had no Elvin L. Shaum resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Shaum, 71, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2005. His endocrinologist examined him past 12 months and no recurrent (two or assistance of another person, or in 2017 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Pittsley understands past 12 months and no recurrent (two or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last five years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Scholten understands past 12 months and no recurrent (two or

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15210 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

more) severe hypoglycemic episodes in resulting in impaired cognitive function he has had no severe hypoglycemic the last five years. His endocrinologist that occurred without warning in the reactions resulting in loss of certifies that Mr. Shaum understands past 12 months and no recurrent (two or consciousness, requiring the assistance diabetes management and monitoring, more) severe hypoglycemic episodes in of another person, or resulting in has stable control of his diabetes using the last five years. His endocrinologist impaired cognitive function that insulin, and is able to drive a CMV certifies that Mr. Swartz understands occurred without warning in the past 12 safely. Mr. Shaum meets the diabetes management and monitoring, months and no recurrent (two or more) requirements of the vision standard at has stable control of his diabetes using severe hypoglycemic episodes in the 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV last five years. His endocrinologist examined him in 2018 and certified that safely. Mr. Swartz meets the certifies that Mr. Tschannen he has stable nonproliferative diabetic requirements of the vision standard at understands diabetes management and retinopathy. He holds a Class A CDL 49 CFR 391.41(b)(10). His monitoring, has stable control of his from Ohio. ophthalmologist examined him in 2018 diabetes using insulin, and is able to and certified that he has stable Joseph A. Snyder drive a CMV safely. Mr. Tschannen nonproliferative diabetic retinopathy. meets the requirements of the vision Mr. Snyder, 72, has had ITDM since He holds a Class A CDL from standard at 49 CFR 391.41(b)(10). His 2012. His endocrinologist examined him Pennsylvania. optometrist examined him in 2017 and in 2017 and certified that he has had no Brian J. Tegeler certified that he does not have diabetic severe hypoglycemic reactions resulting retinopathy. He holds an operator’s in loss of consciousness, requiring the Mr. Tegeler, 56, has had ITDM since license from Illinois. assistance of another person, or 1990. His endocrinologist examined him resulting in impaired cognitive function in 2017 and certified that he has had no Philip C. Vanderiet that occurred without warning in the severe hypoglycemic reactions resulting Mr. Vanderiet, 39, has had ITDM past 12 months and no recurrent (two or in loss of consciousness, requiring the since 2017. His endocrinologist more) severe hypoglycemic episodes in assistance of another person, or examined him in 2018 and certified that the last five years. His endocrinologist resulting in impaired cognitive function he has had no severe hypoglycemic certifies that Mr. Snyder understands that occurred without warning in the reactions resulting in loss of diabetes management and monitoring, past 12 months and no recurrent (two or consciousness, requiring the assistance has stable control of his diabetes using more) severe hypoglycemic episodes in of another person, or resulting in insulin, and is able to drive a CMV the last five years. His endocrinologist impaired cognitive function that safely. Mr. Snyder meets the certifies that Mr. Tegeler understands occurred without warning in the past 12 requirements of the vision standard at diabetes management and monitoring, months and no recurrent (two or more) 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using severe hypoglycemic episodes in the examined him in 2018 and certified that insulin, and is able to drive a CMV last five years. His endocrinologist he does not have diabetic retinopathy. safely. Mr. Tegeler meets the certifies that Mr. Vanderiet understands He holds a Class A CDL from Ohio. requirements of the vision standard at diabetes management and monitoring, 49 CFR 391.41(b)(10). His optometrist Brandon T. Staebler has stable control of his diabetes using examined him in 2017 and certified that insulin, and is able to drive a CMV Mr. Staebler, 49, has had ITDM since he has stable nonproliferative diabetic safely. Mr. Vanderiet meets the 2014. His endocrinologist examined him retinopathy. He holds a Class A CDL requirements of the vision standard at in 2018 and certified that he has had no from Illinois. severe hypoglycemic reactions resulting 49 CFR 391.41(b)(10). His in loss of consciousness, requiring the Tony L. Tracy ophthalmologist examined him in 2017 assistance of another person, or Mr. Tracy, 44, has had ITDM since and certified that he does not have resulting in impaired cognitive function 2010. His endocrinologist examined him diabetic retinopathy. He holds a Class A that occurred without warning in the in 2017 and certified that he has had no CDL from Texas. past 12 months and no recurrent (two or severe hypoglycemic reactions resulting David W. Vickmark more) severe hypoglycemic episodes in in loss of consciousness, requiring the the last five years. His endocrinologist assistance of another person, or Mr. Vickmark, 57, has had ITDM certifies that Mr. Staebler understands resulting in impaired cognitive function since 2012. His endocrinologist diabetes management and monitoring, that occurred without warning in the examined him in 2017 and certified that has stable control of his diabetes using past 12 months and no recurrent (two or he has had no severe hypoglycemic insulin, and is able to drive a CMV more) severe hypoglycemic episodes in reactions resulting in loss of safely. Mr. Staebler meets the the last five years. His endocrinologist consciousness, requiring the assistance requirements of the vision standard at certifies that Mr. Tracy understands of another person, or resulting in 49 CFR 391.41(b)(10). His diabetes management and monitoring, impaired cognitive function that ophthalmologist examined him in 2017 has stable control of his diabetes using occurred without warning in the past 12 and certified that he has stable insulin, and is able to drive a CMV months and no recurrent (two or more) nonproliferative diabetic retinopathy. safely. Mr. Tracy meets the severe hypoglycemic episodes in the He holds an operator’s license from requirements of the vision standard at last five years. His endocrinologist Oregon. 49 CFR 391.41(b)(10). His optometrist certifies that Mr. Vickmark understands examined him in 2017 and certified that diabetes management and monitoring, Max H. Swartz, Jr. he does not have diabetic retinopathy. has stable control of his diabetes using Mr. Swartz, 73, has had ITDM since He holds a Class A CDL from Indiana. insulin, and is able to drive a CMV 2017. His endocrinologist examined him safely. Mr. Vickmark meets the in 2018 and certified that he has had no Jonathan P. Tschannen requirements of the vision standard at severe hypoglycemic reactions resulting Mr. Tschannen, 36, has had ITDM 49 CFR 391.41(b)(10). His optometrist in loss of consciousness, requiring the since 2017. His endocrinologist examined him in 2017 and certified that assistance of another person, or examined him in 2017 and certified that he does not have diabetic retinopathy.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15211

He holds a Class A CDL from he has stable nonproliferative diabetic requirements of the vision standard at Minnesota. retinopathy. He holds an operator’s 49 CFR 391.41(b)(10). His license from Georgia. Aaron A. Ward ophthalmologist examined him in 2018 Kennie O. Williams and certified that he has stable Mr. Ward, 28, has had ITDM since proliferative diabetic retinopathy. He 2015. His endocrinologist examined him Ms. Williams, 43, has had ITDM since holds an operator’s license from Ohio. in 2017 and certified that he has had no 2017. Her endocrinologist examined her severe hypoglycemic reactions resulting in 2017 and certified that she has had III. Request for Comments in loss of consciousness, requiring the no severe hypoglycemic reactions assistance of another person, or resulting in loss of consciousness, In accordance with 49 U.S.C. 31136(e) resulting in impaired cognitive function requiring the assistance of another and 31315, FMCSA requests public that occurred without warning in the person, or resulting in impaired comment from all interested persons on past 12 months and no recurrent (two or cognitive function that occurred without the exemption petitions described in more) severe hypoglycemic episodes in warning in the past 12 months and no this notice. We will consider all the last five years. His endocrinologist recurrent (two or more) severe comments received before the close of certifies that Mr. Ward understands hypoglycemic episodes in the last five business on the closing date indicated diabetes management and monitoring, years. Her endocrinologist certifies that in the dates section of the notice. has stable control of his diabetes using Ms. Williams understands diabetes insulin, and is able to drive a CMV management and monitoring, has stable IV. Submitting Comments safely. Mr. Ward meets the requirements control of her diabetes using insulin, You may submit your comments and of the vision standard at 49 CFR and is able to drive a CMV safely. Ms. material online or by fax, mail, or hand 391.41(b)(10). His optometrist examined Williams meets the requirements of the delivery, but please use only one of him in 2017 and certified that he does vision standard at 49 CFR 391.41(b)(10). not have diabetic retinopathy. He holds Her optometrist examined her in 2018 these means. FMCSA recommends that a Class B CDL from Illinois. and certified that she does not have you include your name and a mailing diabetic retinopathy. She holds an address, an email address, or a phone Jerry C. Ward operator’s license from North Carolina. number in the body of your document Mr. Ward, 21, has had ITDM since so that FMCSA can contact you if there 2006. His endocrinologist examined him Robert V. Woodrup are questions regarding your in 2017 and certified that he has had no Mr. Woodrup, 53, has had ITDM since submission. severe hypoglycemic reactions resulting 2016. His endocrinologist examined him To submit your comment online, go to in loss of consciousness, requiring the in 2018 and certified that he has had no http://www.regulations.gov and in the assistance of another person, or severe hypoglycemic reactions resulting search box insert the docket number resulting in impaired cognitive function in loss of consciousness, requiring the FMCSA–2018–0024 and click the search that occurred without warning in the assistance of another person, or button. When the new screen appears, past 12 months and no recurrent (two or resulting in impaired cognitive function more) severe hypoglycemic episodes in that occurred without warning in the click on the blue ‘‘Comment Now!’’ the last five years. His endocrinologist past 12 months and no recurrent (two or button on the right hand side of the certifies that Mr. Ward understands more) severe hypoglycemic episodes in page. On the new page, enter diabetes management and monitoring, the last five years. His endocrinologist information required including the has stable control of his diabetes using certifies that Mr. Woodrup understands specific section of this document to insulin, and is able to drive a CMV diabetes management and monitoring, which each comment applies, and safely. Mr. Ward meets the requirements has stable control of his diabetes using provide a reason for each suggestion or of the vision standard at 49 CFR insulin, and is able to drive a CMV recommendation. If you submit your 391.41(b)(10). His optometrist examined safely. Mr. Woodrup meets the comments by mail or hand delivery, him in 2017 and certified that he does requirements of the vision standard at submit them in an unbound format, no not have diabetic retinopathy. He holds 49 CFR 391.41(b)(10). His larger than 81⁄2 by 11 inches, suitable for a Class B CDL from Louisiana. ophthalmologist examined him in 2017 copying and electronic filing. If you and certified that he does not have Michael A. Wells submit comments by mail and would diabetic retinopathy. He holds a Class A like to know that they reached the Mr. Wells, 45, has had ITDM since CDL from North Carolina. facility, please enclose a stamped, self- 1995. His endocrinologist examined him addressed postcard or envelope. in 2017 and certified that he has had no Joseph H. Woods severe hypoglycemic reactions resulting Mr. Woods, 40, has had ITDM since We will consider all comments and in loss of consciousness, requiring the 1993. His endocrinologist examined him materials received during the comment assistance of another person, or in 2017 and certified that he has had no period. FMCSA may issue a final resulting in impaired cognitive function severe hypoglycemic reactions resulting determination at any time after the close that occurred without warning in the in loss of consciousness, requiring the of the comment period. past 12 months and no recurrent (two or assistance of another person, or V. Viewing Comments and Documents more) severe hypoglycemic episodes in resulting in impaired cognitive function the last five years. His endocrinologist that occurred without warning in the To view comments, as well as any certifies that Mr. Wells understands past 12 months and no recurrent (two or documents mentioned in this preamble, diabetes management and monitoring, more) severe hypoglycemic episodes in go to http://www.regulations.gov and in has stable control of his diabetes using the last five years. His endocrinologist the search box insert the docket number insulin, and is able to drive a CMV certifies that Mr. Woods understands FMCSA–2018–0024 and click ‘‘Search.’’ safely. Mr. Wells meets the diabetes management and monitoring, Next, click ‘‘Open Docket Folder’’ and requirements of the vision standard at has stable control of his diabetes using you will find all documents and 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV comments related to this notice. examined him in 2018 and certified that safely. Mr. Woods meets the

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15212 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Issued on: April 2, 2018. provides, to http://www.regulations.gov, hypoglycemic episodes in the past five Larry W. Minor, as described in the system of records years. In each case, an endocrinologist Associate Administrator for Policy. notice (DOT/ALL–14 FDMS), which can verified that the driver has [FR Doc. 2018–07181 Filed 4–6–18; 8:45 am] be reviewed at http://www.dot.gov/ demonstrated a willingness to properly BILLING CODE 4910–EX–P privacy. monitor and manage his/her diabetes mellitus, received education related to II. Background diabetes management, and is on a stable DEPARTMENT OF TRANSPORTATION On January 16, 2018, FMCSA insulin regimen. These drivers report no published a notice announcing receipt other disqualifying conditions, Federal Motor Carrier Safety of applications from 23 individuals including diabetes related Administration requesting an exemption from diabetes complications. Each meets the vision requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10). [FMCSA Docket No. FMCSA–2017–0288] requested comments from the public (83 Consequently, FMCSA finds that in Qualification of Drivers; Exemption FR 2317). The public comment period each case exempting these applicants Applications; Diabetes Mellitus ended on February 15, 2018, and no from the diabetes requirement in 49 CFR comments were received. 391.41(b)(3) is likely to achieve a level AGENCY: Federal Motor Carrier Safety FMCSA has evaluated the eligibility of safety equal to that existing without Administration (FMCSA), DOT. of these applicants and determined that the exemption. granting the exemptions to these ACTION: Notice of final disposition. V. Conditions and Requirements individuals would achieve a level of SUMMARY: FMCSA announces its safety equivalent to or greater than the The terms and conditions of the decision to exempt 23 individuals from level that would be achieved by exemption are provided to the the prohibition in the Federal Motor complying with the current regulation applicants in the exemption document Carrier Safety Regulations (FMCSRs) 49 CFR 391.41(b)(3). and includes the following: (1) Each against persons with insulin-treated The physical qualification standard driver must submit a quarterly diabetes mellitus (ITDM) from operating for drivers regarding diabetes found in monitoring checklist completed by the a commercial motor vehicle (CMV) in 49 CFR 391.41(b)(3) states that a person treating endocrinologist as well as an interstate commerce. The exemptions is physically qualified to drive a CMV annual checklist with a comprehensive enable these individuals with ITDM to if that person has no established medical evaluation; (2) each driver must operate CMVs in interstate commerce. medical history or clinical diagnosis of report within two business days of DATES: The exemptions were applicable diabetes mellitus currently requiring occurrence, all episodes of severe on February 16, 2018. The exemptions insulin for control. hypoglycemia, significant expire on February 16, 2020. complications, or inability to manage III. Discussion of Comments diabetes; also, any involvement in an FOR FURTHER INFORMATION CONTACT: Ms. FMCSA received no comments in this accident or any other adverse event in Christine A. Hydock, Chief, Medical proceeding. a CMV or personal vehicle, whether or Programs Division, (202) 366–4001, not it is related to an episode of [email protected], FMCSA, IV. Basis for Exemption Determination hypoglycemia; (3) each driver must Department of Transportation, 1200 Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s New Jersey Avenue SE, Room W64–224, FMCSA may grant an exemption from or optometrist’s report to the Medical Washington, DC 20590–0001. Office the diabetes standard in 49 CFR Examiner at the time of the annual hours are from 8:30 a.m. to 5 p.m., e.t., 391.41(b)(3) if the exemption is likely to medical examination; and (4) each Monday through Friday, except Federal achieve an equivalent or greater level of driver must provide a copy of the holidays. If you have questions safety than would be achieved without annual medical certification to the regarding viewing or submitting the exemption. The exemption allows employer for retention in the driver’s material to the docket, contact Docket the applicants to operate CMVs in qualification file, or keeping a copy in Services, telephone (202) 366–9826. interstate commerce. his/her driver’s qualification file if he/ SUPPLEMENTARY INFORMATION: The Agency’s decision regarding these she is self-employed. The driver must exemption applications is based on the I. Electronic Access also have a copy of the exemption when program eligibility criteria and an driving, for presentation to a duly You may see all the comments online individualized assessment of authorized Federal, State, or local through the Federal Document information submitted by each enforcement official. Management System (FDMS) at: http:// applicant. The qualifications, www.regulations.gov. experience, and medical condition of VI. Preemption Docket: For access to the docket to each applicant were stated and During the period the exemption is in read background documents or discussed in detail in the January 16, effect, no State shall enforce any law or comments, go to http:// 2018 Federal Register notice (83 FR regulation that conflicts with this www.regulations.gov and/or Room 2317) and will not be repeated in this exemption with respect to a person W12–140 on the ground level of the notice. operating under the exemption. West Building, 1200 New Jersey Avenue These 23 applicants have had ITDM SE, Washington, DC, between 9 a.m. and over a range of 1 to 35 years. These VII. Conclusion 5 p.m., e.t., Monday through Friday, applicants report no severe Based upon its evaluation of the 23 except Federal holidays. hypoglycemic reactions resulting in loss exemption applications, FMCSA Privacy Act: In accordance with 5 of consciousness or seizure, requiring exempts the following drivers from the U.S.C. 553(c), DOT solicits comments the assistance of another person, or diabetes requirement in 49 CFR from the public to better inform its resulting in impaired cognitive function 391.41(b)(10), subject to the rulemaking process. DOT posts these that occurred without warning requirements cited above: comments, without edit, including any symptoms, in the past 12 months and no Irah H. Buttgenbach, Jr. (IN) personal information the commenter recurrent (two or more) severe Scott A. Civitarese (MA)

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15213

Cornelius Clark (OH) exemptions enable these individuals The physical qualification standard Ronald J. Danielson (MN) who have had one or more seizures and for drivers regarding epilepsy found in Mark A.L. Givan (AR) are taking anti-seizure medication to 49 CFR 391.41(b)(8) states that a person Lyle C. Hatfield (MI) continue to operate CMVs in interstate is physically qualified to drive a CMV Brian C. Hosea (OR) commerce. if that person has no established James Middlebrook, III (OH) DATES: The exemptions were applicable medical history or clinical diagnosis of Thomas B. Miller (VA) on December 16, 2017. The exemptions epilepsy or any other condition which Keith E. Moran (RI) expire on December 16, 2019. is likely to cause the loss of Christopher R. Pearson (MN) FOR FURTHER INFORMATION CONTACT: Ms. consciousness or any loss of ability to John C. Plaster (IN) Christine A. Hydock, Chief, Medical control a CMV. Glenn E. Rausch (MD) Programs Division, (202) 366–4001, In addition to the regulations, FMCSA Ricardo P. Salazar (NM) [email protected], FMCSA, has published advisory criteria to assist Seann D. Sampson (FL) Department of Transportation, 1200 Medical Examiners in determining Alex Shirvani (NY) New Jersey Avenue SE, Room W64–224, whether drivers with certain medical Cameron M. Simpson (CA) Washington, DC 20590–0001. Office conditions are qualified to operate a Phillip J. Sobczak (WI) hours are from 8:30 a.m. to 5 p.m., e.t., CMV in interstate commerce. [49 CFR Christoph Trimblett (NJ) Monday through Friday, except Federal part 391, APPENDIX A TO PART 391— Martin L. Veitz (PA) holidays. If you have questions Kenneth W. West (OH) regarding viewing or submitting MEDICAL ADVISORY CRITERIA, Rodney J. Woods (AL) material to the docket, contact Docket section H. Epilepsy: § 391.41(b)(8), Timothy A. Zimmerman (IN) Services, telephone (202) 366–9826. paragraphs 3, 4, and 5.] In accordance with 49 U.S.C. 31136(e) SUPPLEMENTARY INFORMATION: III. Discussion of Comments and 31315, each exemption will be valid I. Electronic Access for two years from the effective date FMCSA received no comments in this unless revoked earlier by FMCSA. The You may see all the comments online proceeding. through the Federal Document exemption will be revoked if the IV. Conclusion following occurs: (1) The person fails to Management System (FDMS) at: http:// comply with the terms and conditions www.regulations.gov. Based upon its evaluation of the six of the exemption; (2) the exemption has Docket: For access to the docket to renewal exemption applications, read background documents or resulted in a lower level of safety than FMCSA announces its’ decision to comments, go to http:// was maintained prior to being granted; exempt the following drivers from the www.regulations.gov and/or Room or (3) continuation of the exemption epilepsy and seizure disorders W12–140 on the ground level of the would not be consistent with the goals prohibition in 49 CFR 391.41 (b)(8): and objectives of 49 U.S.C. 31136(e) and West Building, 1200 New Jersey Avenue Robert J. Forney (WI) 31315. SE, Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday through Friday, Curtis A. Hartman (MD) Issued on: April 2, 2018. except Federal holidays. Larry W. Minor, Privacy Act: In accordance with 5 Wendell F. Headley, Jr. (MO) Associate Administrator for Policy. U.S.C. 553(c), DOT solicits comments Michael W. Ketchum (MI) [FR Doc. 2018–07203 Filed 4–6–18; 8:45 am] from the public to better inform its Marion F. Legg, Jr. (MD) BILLING CODE 4910–EX–P rulemaking process. DOT posts these comments, without edit, including any Chance J. O’Mary (AK) personal information the commenter The drivers were included in docket DEPARTMENT OF TRANSPORTATION provides, to http://www.regulations.gov, numbers FMCSA–2014–0382; FMCSA– as described in the system of records 2015–0115; FMCSA–2015–0119. Their Federal Motor Carrier Safety notice (DOT/ALL–14 FDMS), which can exemptions are applicable as of Administration be reviewed at http://www.dot.gov/ December 16, 2017, and will expire on [Docket Nos. FMCSA–2014–0382; FMCSA– privacy. December 16, 2019. 2015–0115; FMCSA–2015–0119] II. Background In accordance with 49 U.S.C. 31315, each exemption will be valid for two Qualification of Drivers; Exemption On January 31, 2018, FMCSA published a notice announcing its years from the effective date unless Applications; Epilepsy and Seizure revoked earlier by FMCSA. The Disorders decision to renew exemptions for six individuals from the epilepsy and exemption will be revoked if the AGENCY: Federal Motor Carrier Safety seizure disorders prohibition in 49 CFR following occurs: (1) The person fails to Administration (FMCSA), DOT. 391.41(b)(8) to operate a CMV in comply with the terms and conditions ACTION: Notice of final disposition. interstate commerce and requested of the exemption; (2) the exemption has comments from the public (83 FR 4546). resulted in a lower level of safety than SUMMARY: FMCSA announces its The public comment period ended on was maintained prior to being granted; decision to renew exemptions for six March 2, 2018, and no comments were or (3) continuation of the exemption individuals from the requirement in the received. would not be consistent with the goals Federal Motor Carrier Safety As stated in the previous notice, and objectives of 49 U.S.C. 31136 and Regulations (FMCSRs) that interstate FMCSA has evaluated the eligibility of 31315. commercial motor vehicle (CMV) these applicants and determined that Issued on: April 2, 2018. drivers have ‘‘no established medical renewing these exemptions would history or clinical diagnosis of epilepsy achieve a level of safety equivalent to or Larry W. Minor, or any other condition which is likely greater than the level that would be Associate Administrator for Policy. to cause loss of consciousness or any achieved by complying with the current [FR Doc. 2018–07190 Filed 4–6–18; 8:45 am] loss of ability to control a CMV.’’ The regulation 49 CFR 391.41(b)(8). BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15214 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

DEPARTMENT OF TRANSPORTATION acknowledgment that we received your Meridian in each eye, and the ability to comments, please include a self- recognize the colors of traffic signals Federal Motor Carrier Safety addressed, stamped envelope or and devices showing standard red, Administration postcard or print the acknowledgement green, and amber. page that appears after submitting In July 1992, the Agency first [Docket No. FMCSA–2018–0007] comments online. published the criteria for the Vision Qualification of Drivers; Exemption Privacy Act: In accordance with 5 Waiver Program, which listed the Applications; Vision U.S.C. 553(c), DOT solicits comments conditions and reporting standards that from the public to better inform its CMV drivers approved for participation AGENCY: Federal Motor Carrier Safety rulemaking process. DOT posts these would need to meet (Qualification of Administration (FMCSA), DOT. comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458, ACTION: Notice of applications for personal information the commenter July 16, 1992). The current Vision exemption; request for comments. provides, to http://www.regulations.gov, Exemption Program was established in as described in the system of records 1998, following the enactment of SUMMARY: FMCSA announces receipt of notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing applications from 13 individuals for an be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the exemption from the vision requirement privacy. Transportation Equity Act for the 21st in the Federal Motor Carrier Safety Century (TEA–21), Public Law 105–178, FOR FURTHER INFORMATION CONTACT: Ms. Regulations (FMCSRs) to operate a 112 Stat. 107, 401 (June 9, 1998). Vision Christine A. Hydock, Chief, Medical commercial motor vehicle (CMV) in exemptions are considered under the Programs Division, (202) 366–4001, interstate commerce. If granted, the procedures established in 49 CFR part [email protected], FMCSA, exemptions will enable these 381 subpart C, on a case-by-case basis Department of Transportation, 1200 individuals to operate CMVs in upon application by CMV drivers who New Jersey Avenue SE, Room W64–224, interstate commerce without meeting do not meet the vision standards of 49 Washington, DC 20590–0001. Office the vision requirement in one eye. CFR 391.41(b)(10). hours are 8:30 a.m. to 5 p.m., e.t., To qualify for an exemption from the DATES: Comments must be received on Monday through Friday, except Federal or before May 9, 2018. vision requirement, FMCSA requires a holidays. If you have questions person to present verifiable evidence ADDRESSES: You may submit comments regarding viewing or submitting that he/she has driven a commercial bearing the Federal Docket Management material to the docket, contact Docket vehicle safely with the vision deficiency System (FDMS) Docket No. FMCSA– Services, telephone (202) 366–9826. for the past three years. Recent driving 2018–0007 using any of the following SUPPLEMENTARY INFORMATION: performance is especially important in methods: • I. Background evaluating future safety, according to Federal eRulemaking Portal: Go to several research studies designed to http://www.regulations.gov. Follow the Under 49 U.S.C. 31136(e) and 31315, correlate past and future driving online instructions for submitting FMCSA may grant an exemption from performance. Results of these studies comments. the FMCSRs for a five-year period if it support the principle that the best • Mail: Docket Management Facility; finds ‘‘such exemption would likely predictor of future performance by a U.S. Department of Transportation, 1200 achieve a level of safety that is driver is his/her past record of crashes New Jersey Avenue SE, West Building equivalent to or greater than the level and traffic violations. Copies of the Ground Floor, Room W12–140, that would be achieved absent such studies may be found at Docket Number Washington, DC 20590–0001. exemption.’’ The statute also allows the FMCSA–1998–3637. • Hand Delivery: West Building Agency to renew exemptions at the end FMCSA believes it can properly apply Ground Floor, Room W12–140, 1200 of the five-year period. FMCSA grants the principle to monocular drivers, New Jersey Avenue SE, Washington, exemptions from the FMCSRs for a two- because data from the Federal Highway DC, between 9 a.m. and 5 p.m., e.t., year period to align with the maximum Administration’s (FHWA) former waiver Monday through Friday, except Federal duration of a driver’s medical study program clearly demonstrated the Holidays. certification. driving performance of experienced • Fax: 1–202–493–2251. The 13 individuals listed in this monocular drivers in the program is Instructions: Each submission must notice have requested an exemption better than that of all CMV drivers include the Agency name and the from the vision requirement in 49 CFR collectively (See 61 FR 13338, 13345, docket number(s) for this notice. Note 391.41(b)(10). Accordingly, the Agency March 26, 1996). The fact that that all comments received will be will evaluate the qualifications of each experienced monocular drivers posted without change to http:// applicant to determine whether granting demonstrated safe driving records in the www.regulations.gov, including any an exemption will achieve the required waiver program supports a conclusion personal information provided. Please level of safety mandated by statute. that other monocular drivers, meeting see the Privacy Act heading below for The physical qualification standard the same qualifying conditions as those further information. for drivers regarding vision found in 49 required by the waiver program, are also Docket: For access to the docket to CFR 391.41(b)(10) states that a person is likely to have adapted to their vision read background documents or physically qualified to drive a CMV if deficiency and will continue to operate comments, go to http:// that person has distant visual acuity of safely. www.regulations.gov at any time or at least 20/40 (Snellen) in each eye The first major research correlating Room W12–140 on the ground level of without corrective lenses or visual past and future performance was done the West Building, 1200 New Jersey acuity separately corrected to 20/40 in England by Greenwood and Yule in Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective 1920. Subsequent studies, building on a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at that model, concluded that crash rates Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with for the same individual exposed to FDMS is available 24 hours each day, or without corrective lenses, field of certain risks for two different time 365 days each year. If you want vision of at least 70° in the horizontal periods vary only slightly (See Bates

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15215

and Neyman, University of California Thomas R. Danser reported that he has driven tractor- Publications in Statistics, April 1952). Mr. Danser, 56, has optic nerve trailer combinations for 22 years, Other studies demonstrated theories of damage in his right eye due to a accumulating 2.86 million miles. He predicting crash proneness from crash traumatic incident in 2012. The visual holds an operator’s license from history coupled with other factors. acuity in his right eye is 20/320, and in Mississippi. His driving record for the These factors—such as age, sex, his left eye, 20/20. Following an last three years shows no crashes and no geographic location, mileage driven and examination in 2017, his optometrist convictions for moving violations in a conviction history—are used every day stated, ‘‘The tests indicate that Thomas CMV. by insurance companies and motor is able to perform the task [sic] Michael S. Mai vehicle bureaus to predict the necessary to operate a commercial Mr. Mai, 47, has complete loss of probability of an individual vehicle.’’ Mr. Danser reported that he vision in his left eye due to a traumatic experiencing future crashes (See Weber, has driven straight trucks for one year, incident in 2011. The visual acuity in Donald C., ‘‘Accident Rate Potential: An accumulating 25,000 miles, and tractor- his right eye is 20/15, and in his left eye, Application of Multiple Regression trailer combinations for six years, no light perception. Following an Analysis of a Poisson Process,’’ Journal accumulating 420,000 miles. He holds a examination in 2017, his optometrist of American Statistical Association, Class A CDL from Pennsylvania. His stated, ‘‘In my medical opinion, Michael June 1971). A 1964 California Driver driving record for the last three years has sufficient vision, with a best Record Study prepared by the California shows no crashes and one conviction for corrected acuity of 20/15 and sufficient Department of Motor Vehicles a moving violation in a CMV; failure to field of vision with 135°, to perform the concluded that the best overall crash obey a traffic signal. predictor for both concurrent and driving tasks required to operate a nonconcurrent events is the number of Jerome DeFabo, Jr. commercial vehicle; however, single convictions. This study used Mr. DeFabo, 47, has had central ultimately this decision has to be made three consecutive years of data, retinal artery occlusion in his left eye by the CDL examiner based on the above comparing the experiences of drivers in since 2016. The visual acuity in his information provided.’’ Mr. Mai the first two years with their right eye is 20/20, and in his left eye, reported that he has driven straight experiences in the final year. 20/100. Following an examination in trucks for 23 years, accumulating 2018, his optometrist stated, ‘‘In my 851,000 miles, tractor-trailer II. Qualifications of Applicants professional medical opinion Jerome combinations for 23 years, accumulating Ahmed Abukhatwa has more than sufficient vision to 460,000 miles, and buses for 15 years, perform the driving tasks to operate a accumulating 30,000 miles. He holds a Mr. Abukhatwa, 25, has a prosthetic commercial vehicle.’’ Mr. DeFabo Class A CDL from Kansas. His driving left eye due to a traumatic incident in reported that he has driven straight record for the last three years shows no childhood. The visual acuity in his right trucks for 20 years, accumulating 50,000 crashes and no convictions for moving eye is 20/20, and in his left eye, no light miles. He holds a Class B CDL from violations in a CMV. perception. Following an examination Pennsylvania. His driving record for the Jose M. Rios in 2017, his ophthalmologist stated, ‘‘It last three years shows no crashes and no is my medical opinion that Mr. convictions for moving violations in a Mr. Rios, 50, has complete loss of Abukhatwa has sufficient vision to CMV. vision in his left eye due to a traumatic perform the driving tasks required to incident in childhood. The visual acuity operate a commercial vehicle.’’ Mr. Jorge Gonzalez in his right eye is 20/20, and in his left Abukhatwa reported that he has driven Mr. Gonzalez, 50, has had amblyopia eye, no light perception. Following an tractor-trailer combinations for three in his right eye since childhood. The examination in 2017, his years, accumulating 240,000 miles. He visual acuity in his right eye is 20/400, ophthalmologist stated, ‘‘Mr. Rios vision holds a Class CA CDL from Michigan. and in his left eye, 20/20. Following an is sufficient enough for him to be able His driving record for the last three examination in 2017, his to operate a commercial vehicle.’’ Mr. years shows no crashes and no ophthalmologist stated, ‘‘He has Rios reported that he has driven straight convictions for moving violations in a sufficient vision to operate any trucks for four years, accumulating CMV. commercial vehicle; he is fully capable 26,000 miles. He holds an operator’s license from New York. His driving James A. Barlow of recognizing all the colors of traffic control signals.’’ Mr. Gonzalez reported record for the last three years shows no Mr. Barlow, 61, has complete loss of that he has driven tractor-trailer crashes and no convictions for moving vision in his right eye due to a traumatic combinations for 20 years, accumulating violations in a CMV. incident in childhood. The visual acuity 1.4 million miles. He holds a Class A Michael B. Sauseda in his right eye is no light perception, CDL from Florida. His driving record for and in his left eye, 20/20. Following an the last three years shows no crashes Mr. Sauseda, 46, has had a central examination in 2017, his optometrist and no convictions for moving vein occlusion in his right eye since stated, ‘‘In my opinion, James has violations in a CMV. 2008. The visual acuity in his right eye sufficient vision to operate a is 20/125, and in his left eye, 20/20. commercial vehicle with eyeglasses Jimmy D. Johnson Following an examination in 2018, his correction.’’ Mr. Barlow reported that he Mr. Johnson, 64, has had amblyopia ophthalmologist stated, ‘‘In my opinion, has driven straight trucks for 30 years, in his right eye since childhood. The this patient does have sufficient vision accumulating 2.4 million miles, tractor- visual acuity in his right eye is 20/200, to perform driving tasks required to trailer combinations for five years, and in his left eye, 20/25. Following an operate a commercial vehicle.’’ Mr. accumulating 125,000 miles. He holds a examination in 2017, his optometrist Sauseda reported that he has driven Class A CDL from Ohio. His driving stated, ‘‘Based on the above, Mr. straight trucks for two years, record for the last three years shows no Johnson has sufficient vision to perform accumulating 30,000 miles, and tractor- crashes and no convictions for moving the driving tasks required to operate a trailer combinations for 15 years, violations in a CMV. commercial vehicle.’’ Mr. Johnson accumulating 720,000 miles. He holds a

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15216 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Class A CDL from Illinois. His driving vehicle.’’ Mr. Stewart reported that he Issued on: April 2, 2018. record for the last three years shows no has driven tractor-trailer combinations Larry W. Minor, crashes and no convictions for moving for three years, accumulating 210,000 Associate Administrator for Policy. violations in a CMV. miles. He holds a Class A CDL from [FR Doc. 2018–07186 Filed 4–6–18; 8:45 am] North Carolina. His driving record for Steven D. Schlichting BILLING CODE 4910–EX–P the last three years shows no crashes Mr. Schlichting, 54, has had a retinal and no convictions for moving scar in his right eye since birth. The violations in a CMV. DEPARTMENT OF TRANSPORTATION visual acuity in his right eye is 20/150, and in his left eye, 20/20. Following an III. Request for Comments Federal Motor Carrier Safety examination in 2017, his optometrist In accordance with 49 U.S.C. 31136(e) Administration stated, ‘‘Mr. Schlichting has the and 31315, FMCSA requests public [Docket No. FMCSA–2018–0008] necessary vision to drive a commercial comment from all interested persons on vehicle.’’ Mr. Schlichting reported that the exemption petitions described in Qualification of Drivers; Exemption he has driven straight trucks for 16 this notice. We will consider all Applications; Vision years, accumulating 80,000 miles. He comments and material received before holds an operator’s license from the close of business on the closing date AGENCY: Federal Motor Carrier Safety Nebraska. His driving record for the last indicated in the dates section of the Administration (FMCSA), DOT. three years shows no crashes and no notice. ACTION: Notice of applications for convictions for moving violations in a exemption; request for comments. CMV. IV. Submitting Comments SUMMARY: FMCSA announces receipt of Jesse P. Schuster You may submit your comments and applications from 17 individuals for an Mr. Schuster, 41, has a scleral material online or by fax, mail, or hand exemption from the vision requirement laceration in his left eye due to a delivery, but please use only one of in the Federal Motor Carrier Safety traumatic incident in 2013. The visual these means. FMCSA recommends that Regulations (FMCSRs) to operate a acuity in his right eye is 20/20, and in you include your name and a mailing commercial motor vehicle (CMV) in his left eye, light perception. Following address, an email address, or a phone interstate commerce. If granted, the an examination in 2017, his optometrist number in the body of your document exemptions will enable these stated, ‘‘He has sufficient vision to so that FMCSA can contact you if there individuals to operate CMVs in perform the driving tasks required to are questions regarding your interstate commerce without meeting operate a commercial vehicle.’’ Mr. submission. the vision requirement in one eye. Schuster reported that he has driven To submit your comment online, go to DATES: Comments must be received on straight trucks for 21 years, http://www.regulations.gov and in the or before May 9, 2018. accumulating 84,000 miles. He holds a search box insert the docket number ADDRESSES: You may submit comments Class B CDL from North Dakota. His FMCSA–2018–0007 and click the search bearing the Federal Docket Management driving record for the last three years button. When the new screen appears, System (FDMS) Docket No. FMCSA– shows no crashes and no convictions for click on the blue ‘‘Comment Now!’’ 2018–0008 using any of the following moving violations in a CMV. button on the right hand side of the methods: page. On the new page, enter Joseph L. Smith • Federal eRulemaking Portal: Go to information required including the http://www.regulations.gov. Follow the Mr. Smith, 48, has had amblyopia in specific section of this document to online instructions for submitting his right eye since childhood. The which each comment applies, and comments. visual acuity in his right eye is count provide a reason for each suggestion or • Mail: Docket Management Facility; fingers, and in his left eye, 20/20. recommendation. If you submit your U.S. Department of Transportation, 1200 Following an examination in 2017, his comments by mail or hand delivery, New Jersey Avenue SE, West Building optometrist stated, ‘‘In my opinion, Mr. submit them in an unbound format, no Ground Floor, Room W12–140, Joseph Smith still maintains sufficient larger than 81⁄2 by 11 inches, suitable for Washington, DC 20590–0001. vision to operate a commercial motor copying and electronic filing. If you • Hand Delivery: West Building vehicle.’’ Mr. Smith reported that he has submit comments by mail and would Ground Floor, Room W12–140, 1200 driven straight trucks for five years, like to know that they reached the New Jersey Avenue SE, Washington, accumulating 7,500 miles, and tractor- facility, please enclose a stamped, self- DC, between 9 a.m. and 5 p.m., e.t., trailer combinations for 24 years, addressed postcard or envelope. accumulating 2.88 million miles. He Monday through Friday, except Federal holds a Class A CDL from West Virginia. We will consider all comments and Holidays. His driving record for the last three materials received during the comment • Fax: 1–202–493–2251. years shows no crashes and no period. FMCSA may issue a final Instructions: Each submission must convictions for moving violations in a determination at any time after the close include the Agency name and the CMV. of the comment period. docket number(s) for this notice. Note V. Viewing Comments and Documents that all comments received will be Larry L. Stewart posted without change to http:// Mr. Stewart, 51, has had amblyopia in To view comments, as well as any www.regulations.gov, including any his right eye since childhood. The documents mentioned in this preamble, personal information provided. Please visual acuity in his right eye is 20/80, go to http://www.regulations.gov and in see the Privacy Act heading below for and in his left eye, 20/20. Following an the search box insert the docket number further information. examination in 2017, his optometrist FMCSA–2018–0007 and click ‘‘Search.’’ Docket: For access to the docket to stated, ‘‘I believe based on the field and Next, click ‘‘Open Docket Folder’’ and read background documents or visual acuity, Mr. Stewart has vision you will find all documents and comments, go to http:// sufficient to operate a commercial comments related to this notice. www.regulations.gov at any time or

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15217

Room W12–140 on the ground level of without corrective lenses or visual The first major research correlating the West Building, 1200 New Jersey acuity separately corrected to 20/40 past and future performance was done Avenue SE, Washington, DC, between 9 (Snellen) or better with corrective in England by Greenwood and Yule in a.m. and 5 p.m., e.t., Monday through lenses, distant binocular acuity of at 1920. Subsequent studies, building on Friday, except Federal holidays. The least 20/40 (Snellen) in both eyes with that model, concluded that crash rates FDMS is available 24 hours each day, or without corrective lenses, field of for the same individual exposed to 365 days each year. If you want vision of at least 70° in the horizontal certain risks for two different time acknowledgment that we received your Meridian in each eye, and the ability to periods vary only slightly (See Bates comments, please include a self- recognize the colors of traffic signals and Neyman, University of California addressed, stamped envelope or and devices showing standard red, Publications in Statistics, April 1952). postcard or print the acknowledgement green, and amber. Other studies demonstrated theories of page that appears after submitting In July 1992, the Agency first predicting crash proneness from crash comments online. published the criteria for the Vision history coupled with other factors. Privacy Act: In accordance with 5 Waiver Program, which listed the These factors—such as age, sex, U.S.C. 553(c), DOT solicits comments conditions and reporting standards that geographic location, mileage driven and from the public to better inform its CMV drivers approved for participation conviction history—are used every day rulemaking process. DOT posts these would need to meet (Qualification of by insurance companies and motor comments, without edit, including any Drivers; Vision Waivers, 57 FR 31458, vehicle bureaus to predict the personal information the commenter July 16, 1992). The current Vision probability of an individual provides, to http://www.regulations.gov, Exemption Program was established in experiencing future crashes (See Weber, as described in the system of records 1998, following the enactment of Donald C., ‘‘Accident Rate Potential: An notice (DOT/ALL–14 FDMS), which can amendments to the statutes governing Application of Multiple Regression be reviewed at http://www.dot.gov/ exemptions made by § 4007 of the Analysis of a Poisson Process,’’ Journal privacy. Transportation Equity Act for the 21st of American Statistical Association, FOR FURTHER INFORMATION CONTACT: Ms. Century (TEA–21), Public Law 105–178, June 1971). A 1964 California Driver Christine A. Hydock, Chief, Medical 112 Stat. 107, 401 (June 9, 1998). Vision Record Study prepared by the California Programs Division, (202) 366–4001, exemptions are considered under the Department of Motor Vehicles [email protected], FMCSA, procedures established in 49 CFR part concluded that the best overall crash Department of Transportation, 1200 381 subpart C, on a case-by-case basis predictor for both concurrent and New Jersey Avenue SE, Room W64–224, upon application by CMV drivers who nonconcurrent events is the number of Washington, DC 20590–0001. Office do not meet the vision standards of 49 single convictions. This study used hours are 8:30 a.m. to 5 p.m., e.t., CFR 391.41(b)(10). three consecutive years of data, Monday through Friday, except Federal To qualify for an exemption from the comparing the experiences of drivers in holidays. If you have questions vision requirement, FMCSA requires a the first two years with their regarding viewing or submitting person to present verifiable evidence experiences in the final year. material to the docket, contact Docket that he/she has driven a commercial II. Qualifications of Applicants Services, telephone (202) 366–9826. vehicle safely with the vision deficiency Leobardo Antunez SUPPLEMENTARY INFORMATION: for the past three years. Recent driving performance is especially important in Mr. Antunez, 66, has had a macular I. Background evaluating future safety, according to cyst in his left eye since 2000. The Under 49 U.S.C. 31136(e) and 31315, several research studies designed to visual acuity in his right eye is 20/20, FMCSA may grant an exemption from correlate past and future driving and in his left eye, 20/400. Following an the FMCSRs for a five-year period if it performance. Results of these studies examination in 2018, his optometrist finds ‘‘such exemption would likely support the principle that the best stated, ‘‘In my professional/medical achieve a level of safety that is predictor of future performance by a opinion, Leobardo has sufficient vision equivalent to or greater than the level driver is his/her past record of crashes to perform the driving tasks required to that would be achieved absent such and traffic violations. Copies of the operate a commercial vehicle.’’ Mr. exemption.’’ The statute also allows the studies may be found at Docket Number Antunez reported that he has driven Agency to renew exemptions at the end FMCSA–1998–3637. tractor-trailer combinations for 17 years, of the five-year period. FMCSA grants FMCSA believes it can properly apply accumulating 1 million miles. He holds exemptions from the FMCSRs for a two- the principle to monocular drivers, a Class A CDL from Washington. His year period to align with the maximum because data from the Federal Highway driving record for the last three years duration of a driver’s medical Administration’s (FHWA) former waiver shows no crashes and no convictions for certification. study program clearly demonstrated the moving violations in a CMV. The 17 individuals listed in this driving performance of experienced notice have requested an exemption monocular drivers in the program is Jason P. Dostal from the vision requirement in 49 CFR better than that of all CMV drivers Mr. Dostal, 49, has had amblyopia in 391.41(b)(10). Accordingly, the Agency collectively (See 61 FR 13338, 13345, his left eye since childhood. The visual will evaluate the qualifications of each March 26, 1996). The fact that acuity in his right eye is 20/20, and in applicant to determine whether granting experienced monocular drivers his left eye, 20/80. Following an an exemption will achieve the required demonstrated safe driving records in the examination in 2017, his optometrist level of safety mandated by statute. waiver program supports a conclusion stated, ‘‘Has sufficient vision to operate The physical qualification standard that other monocular drivers, meeting a commercial vehicle.’’ Mr. Dostal for drivers regarding vision found in 49 the same qualifying conditions as those reported that he has driven straight CFR 391.41(b)(10) states that a person is required by the waiver program, are also trucks for seven years, accumulating physically qualified to drive a CMV if likely to have adapted to their vision 182,000 miles. He holds a Class A CDL that person has distant visual acuity of deficiency and will continue to operate from Indiana. His driving record for the at least 20/40 (Snellen) in each eye safely. last three years shows no crashes and no

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15218 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

convictions for moving violations in a reported that he has driven tractor- in 1986. The visual acuity in his right CMV. trailer combinations for 14 years, eye is 20/20, and in his left eye, light accumulating 1.68 million miles. He perception. Following an examination John C. Duncan holds a Class A CDL from Oregon. His in 2017, his optometrist stated, ‘‘My Mr. Duncan, 68, has had amblyopia in driving record for the last three years medical opinion is that David has his left eye since birth. The visual acuity shows no crashes and no convictions for sufficient vision to operate commercial in his right eye is 20/20, and in his left moving violations in a CMV. vehicles.’’ Mr. McCarty reported that he eye, 20/200. Following an examination has driven straight trucks for 28 years, in 2017, his ophthalmologist stated, ‘‘In Jeffrey T. Landry accumulating 420,000 miles, and my medical opinion, Mr. John Duncan Mr. Landry, 53, has had optic tractor-trailer combinations for 28 years, has the sufficient vision to perform the neuropathy in his left eye since 2015. accumulating 420,000 miles. He holds a driving tasks required to operate a The visual acuity in his right eye is 20/ Class A CDL from Oregon. His driving commercial vehicle land or water.’’ Mr. 20, and in his left eye, counting fingers. record for the last three years shows no Duncan reported that he has driven Following an examination in 2017, his crashes and no convictions for moving straight trucks for 43 years, ophthalmologist stated, ‘‘He has violations in a CMV. accumulating 64,500 miles, tractor- sufficient vision in his right eye to Jeffrey W. Pike, Jr. trailer combinations for five years, operate a commercial vehicle, and has accumulating 15,000 miles, and buses been successfully over the last [two] Mr. Pike, 41, has a cataract in his right for 24 years, accumulating 48,000 miles. years per his report.’’ Mr. Landry eye due to a traumatic incident in He holds a Class BM CDL from New reported that he has driven straight childhood. The visual acuity in his right York. His driving record for the last trucks for four years, accumulating eye is light perception, and in his left three years shows no crashes and no 48,000 miles, and tractor-trailer eye, 20/20. Following an examination in convictions for moving violations in a combinations for 32 years, accumulating 2018, his optometrist stated, ‘‘In my CMV. 3.8 million miles. He holds a Class A opinion he has sufficient vision to CDL from North Carolina. His driving perform driving tasks required to Kenneth M. Emerson record for the last three years shows no operate a commercial vehicle and has Mr. Emerson, 66, has had amblyopia crashes and no convictions for moving done so successfully for many years.’’ in his left eye since birth. The visual violations in a CMV. Mr. Pike reported that he has driven acuity in his right eye is 20/20, and in straight trucks for 25 years, his left eye, 20/50. Following an David A. Margetson accumulating 250,000 miles, and examination in 2017, his optometrist Mr. Margetson, 39, has had amblyopia tractor-trailer combinations for 23 years, stated, ‘‘Kenneth has adequate vision to in his right eye since childhood. The accumulating 1.8 million miles. He drive a commercial vehicle.’’ Mr. visual acuity in his right eye is 20/50, holds a Class A CDL from Minnesota. Emerson reported that he has driven and in his left eye, 20/20. Following an His driving record for the last three straight trucks for seven years, examination in 2017, his optometrist years shows no crashes and no accumulating 700,000 miles. He holds stated, ‘‘In my opinion, there is no convictions for moving violations in a an operator’s license from Idaho. His concern for him to operate a commercial CMV. driving record for the last three years vehicle due to his vision’’ Mr. Jess C. Sanchez shows no crashes and no convictions for Margetson reported that he has driven moving violations in a CMV. straight trucks for 11 years, Mr. Sanchez, 44, has had retinal accumulating 215,644 miles. He holds ischemia in his left eye due to lupus Michael C. Farley an operator’s license from Michigan. His since 2007. The visual acuity in his Mr. Farley, 62, has had amblyopia in driving record for the last three years right eye is 20/15, and in his left eye, his right eye since birth. The visual shows no crashes and no convictions for no light perception. Following an acuity in his right eye is 20/160, and in moving violations in a CMV. examination in 2017, his his left eye, 20/20. Following an ophthalmologist stated, ‘‘From a visual examination in 2017, his optometrist Trent C. McCain perspective, he has adequate vision to stated, ‘‘In my medical opinion he has Mr. McCain, 41, has had retinopathy perform driving test required to operate sufficient vision to perform the driving in his right eye since birth. The visual a commercial vehicle.’’ Mr. Sanchez tasks required to operate a commercial acuity in his right eye is 20/400, and in reported that he has driven tractor- vehicle.’’ Mr. Farley reported that he has his left eye, 20/30. Following an trailer combinations for 29 years, driven tractor-trailer combinations for examination in 2017, his optometrist accumulating 1.7 million miles. He seven years, accumulating 700,000 stated, ‘‘In my medical opinion, Trent holds a Class A CDL from Texas. His miles. He holds a Class A CDL from McCain has sufficient vision to perform driving record for the last three years Florida. His driving record for the last the driving tasks required to operate a shows no crashes and no convictions for three years shows no crashes and no commercial vehicle.’’ Mr. McCain moving violations in a CMV. convictions for moving violations in a reported that he has driven straight Ermanno M. Santucci CMV. trucks for 28 years, accumulating 28,000 miles, and tractor-trailer combinations Mr. Santucci, 39, has had amblyopia Steven W. Kyman for 17 years, accumulating 1.44 million in his right eye since childhood. The Mr. Kyman, 58, has had amblyopia in miles. He holds a Class A CDL from visual acuity in his right eye is 20/400, his right eye since childhood. The Kansas. His driving record for the last and in his left eye, 20/20. Following an visual acuity in his right eye is 20/60, three years shows no crashes and no examination in 2017, his optometrist and in his left eye, 20/20. Following an convictions for moving violations in a stated, ‘‘Patient has sufficient vision to examination in 2017, his optometrist CMV. perform driving tasks and drive a stated, ‘‘Nothing in our vision testing commercial vehicle.’’ Mr. Santucci indicates Mr. Kyman should not David M. McCarty reported that he has driven straight continue to possess a CDL and drive a Mr. McCarty, 51, has a corneal scar in trucks for five years, accumulating commercial vehicle.’’ Mr. Kyman his left eye due to a traumatic incident 135,150 miles. He holds a Class B CDL

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15219

from Illinois. His driving record for the operate a commercial vehicle with no Issued on: April 2, 2018 last three years shows no crashes and no restrictions with respect to his visual Larry W. Minor, convictions for moving violations in a status.’’ Mr. Tucker reported that he has Associate Administrator for Policy. CMV. driven straight trucks for 15 years, [FR Doc. 2018–07187 Filed 4–6–18; 8:45 am] accumulating 465,000 miles. He holds John R.A.Taylor BILLING CODE 4910–EX–P an operator’s license from Kentucky. His Mr. Taylor, 67, has had amblyopia in driving record for the last three years his left eye since childhood. The visual shows no crashes and no convictions for DEPARTMENT OF TRANSPORTATION acuity in his right eye is 20/20, and in moving violations in a CMV. his left eye, 20/400. Following an Federal Motor Carrier Safety examination in 2017, his optometrist III. Request for Comments Administration stated, ‘‘I certify that in my professional In accordance with 49 U.S.C. 31136(e) [FMCSA Docket No. FMCSA–2017–0286] opinion, John R. A. Taylor has sufficient and 31315, FMCSA requests public vision to perform the driving tasks comment from all interested persons on Qualification of Drivers; Exemption required to operate a commercial the exemption petitions described in Applications; Diabetes Mellitus vehicle.’’ Mr. Taylor reported that he this notice. We will consider all has driven straight trucks for 20 years, comments and material received before AGENCY: Federal Motor Carrier Safety accumulating 300,000 miles. He holds a the close of business on the closing date Administration (FMCSA), DOT. Class B CDL from Virginia. His driving indicated in the dates section of the ACTION: Notice of final disposition. record for the last three years shows no notice. crashes and no convictions for moving SUMMARY: FMCSA announces its violations in a CMV. IV. Submitting Comments decision to exempt 40 individuals from the prohibition in the Federal Motor Justin L. Tidyman You may submit your comments and material online or by fax, mail, or hand Carrier Safety Regulations (FMCSRs) Mr. Tidyman, 35, has had amblyopia delivery, but please use only one of against persons with insulin-treated in his right eye since childhood. The these means. FMCSA recommends that diabetes mellitus (ITDM) from operating visual acuity in his right eye is 20/200, you include your name and a mailing a commercial motor vehicle (CMV) in and in his left eye, 20/25. Following an address, an email address, or a phone interstate commerce. The exemptions examination in 2018, his optometrist number in the body of your document enable these individuals with ITDM to stated, ‘‘I feel that My. [sic] Tidyman has so that FMCSA can contact you if there operate CMVs in interstate commerce. sufficient vision to perform the driving are questions regarding your DATES: The exemptions were applicable tasks required to operate a commercial submission. on February 16, 2018. The exemptions vehicle.’’ Mr. Tidyman reported that he To submit your comment online, go to expire on February 16, 2020. has driven straight trucks for 20 years, http://www.regulations.gov and in the FOR FURTHER INFORMATION CONTACT: Ms. accumulating 1.4 million miles, and search box insert the docket number Christine A. Hydock, Chief, Medical tractor-trailer combinations for seven FMCSA–2018–0008 and click the search Programs Division, (202) 366–4001, years, accumulating 140,000 miles. He button. When the new screen appears, [email protected], FMCSA, holds a Class A CDL from Arkansas. His click on the blue ‘‘Comment Now!’’ Department of Transportation, 1200 driving record for the last three years button on the right hand side of the New Jersey Avenue SE, Room W64–224, shows no crashes and no convictions for page. On the new page, enter Washington, DC 20590–0001. Office moving violations in a CMV. information required including the hours are from 8:30 a.m. to 5 p.m., e.t., Raul Torres Malaga specific section of this document to Monday through Friday, except Federal Mr. Torres Malaga, 60, has had which each comment applies, and holidays. If you have questions amblyopia in his right eye since birth. provide a reason for each suggestion or regarding viewing or submitting The visual acuity in his right eye is 20/ recommendation. If you submit your material to the docket, contact Docket 60, and in his left eye, 20/20. Following comments by mail or hand delivery, Services, telephone (202) 366–9826. an examination in 2017, his optometrist submit them in an unbound format, no SUPPLEMENTARY INFORMATION: larger than 81⁄2 by 11 inches, suitable for stated, ‘‘Upon completing the eye exam, I. Electronic Access I find Mr. Torres visually capable to copying and electronic filing. If you operate a motor vehicle of any kind, submit comments by mail and would You may see all the comments online including commercial vehicles.’’ Mr. like to know that they reached the through the Federal Document Torres Malaga reported that he has facility, please enclose a stamped, self- Management System (FDMS) at: http:// driven straight trucks for one year, addressed postcard or envelope. www.regulations.gov. accumulating 9,100 miles, and tractor- We will consider all comments and Docket: For access to the docket to trailer combinations for three years, materials received during the comment read background documents or accumulating 60,900 miles. He holds a period. FMCSA may issue a final comments, go to http:// Class A CDL from Florida. His driving determination at any time after the close www.regulations.gov and/or Room record for the last three years shows no of the comment period. W12–140 on the ground level of the West Building, 1200 New Jersey Avenue crashes and no convictions for moving V. Viewing Comments and Documents violations in a CMV. SE, Washington, DC, between 9 a.m. and To view comments, as well as any 5 p.m., e.t., Monday through Friday, Timothy L. Tucker documents mentioned in this preamble, except Federal holidays. Mr. Tucker, 46, has had amblyopia in go to http://www.regulations.gov and in Privacy Act: In accordance with 5 his left eye since birth. The visual acuity the search box insert the docket number U.S.C. 553(c), DOT solicits comments in his right eye is 20/20, and in his left FMCSA–2018–0008 and click ‘‘Search.’’ from the public to better inform its eye, 20/400. Following an examination Next, click ‘‘Open Docket Folder’’ and rulemaking process. DOT posts these in 2017, his optometrist stated, ‘‘Patient, you will find all documents and comments, without edit, including any Tim Tucker, should be allowed to comments related to this notice. personal information the commenter

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15220 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

provides, to http://www.regulations.gov, hypoglycemic episodes in the past five Kenneth D. Chitwood (PA) as described in the system of records years. In each case, an endocrinologist Tony M. Damesworth (TN) notice (DOT/ALL–14 FDMS), which can verified that the driver has Walter Dudiak (PA) be reviewed at http://www.dot.gov/ demonstrated a willingness to properly privacy. monitor and manage his/her diabetes Mark T. Feldmann (KY) mellitus, received education related to II. Background John H. Fritz (IN) diabetes management, and is on a stable Scott T. Fry (CO) On January 16, 2018, FMCSA insulin regimen. These drivers report no published a notice announcing receipt other disqualifying conditions, Richard E. Henderson (AZ) of applications from 40 individuals including diabetes related Leah M. Hennes (MN) requesting an exemption from diabetes complications. Each meets the vision Gerard M. Hubert (MA) requirement in 49 CFR 391.41(b)(3) and requirement at 49 CFR 391.41(b)(10). requested comments from the public (83 Consequently, FMCSA finds that in Gregory L. Humphrey (IL) FR 2283). The public comment period each case exempting these applicants Parkinson B. James (NY) ended on February 15, 2018, and no from the diabetes requirement in 49 CFR John M. Jessup (MI) 391.41(b)(3) is likely to achieve a level comments were received. Kevin A. Kirker (WI) FMCSA has evaluated the eligibility of safety equal to that existing without of these applicants and determined that the exemption. Ryan A. Knutson (SD) granting the exemptions to these V. Conditions and Requirements Benjamin T. Lamoreaux (FL) individuals would achieve a level of Joseph W. Latawiec (MN) safety equivalent to or greater than the The terms and conditions of the level that would be achieved by exemption are provided to the Tommy Leyva (CA) complying with the current regulation applicants in the exemption document Melvin Lumpkins, III (LA) 49 CFR 391.41(b)(3). and includes the following: (1) Each Craig E. Lynn (GA) The physical qualification standard driver must submit a quarterly Charles E. Madenford, III (PA) for drivers regarding diabetes found in monitoring checklist completed by the 49 CFR 391.41(b)(3) states that a person treating endocrinologist as well as an David R. Meddows (IL) is physically qualified to drive a CMV annual checklist with a comprehensive Kevin L. Miller (PA) if that person has no established medical evaluation; (2) each driver must Charles A. Moerer (IN) medical history or clinical diagnosis of report within two business days of diabetes mellitus currently requiring occurrence, all episodes of severe Cirilo M. Nunez (NJ) insulin for control. hypoglycemia, significant LaVonda B. Pearson (NC) complications, or inability to manage Andrea N. Pressley (NJ) III. Discussion of Comments diabetes; also, any involvement in an Darby J. Russo (LA) FMCSA received no comments in this accident or any other adverse event in proceeding. a CMV or personal vehicle, whether or Gary S. Schreiner (FL) not it is related to an episode of IV. Basis for Exemption Determination Nicholas A. Scialanca (PA) hypoglycemia; (3) each driver must Robert C. Scott (WI) Under 49 U.S.C. 31136(e) and 31315, provide a copy of the ophthalmologist’s FMCSA may grant an exemption from or optometrist’s report to the Medical Thermond D. Smith (IL) the diabetes standard in 49 CFR Examiner at the time of the annual Edward D. Smith (NE) 391.41(b)(3) if the exemption is likely to medical examination; and (4) each Jeffrey W. Stamper (MO) achieve an equivalent or greater level of driver must provide a copy of the Wayne R. Steffler (NY) safety than would be achieved without annual medical certification to the the exemption. The exemption allows employer for retention in the driver’s Thomas J. Stylc (PA) the applicants to operate CMVs in qualification file, or keeping a copy in Todd A. Vanwinkle (NE) interstate commerce. his/her driver’s qualification file if he/ Jacob W. Williams (PA) The Agency’s decision regarding these she is self-employed. The driver must Kevin A. Wiswell (ME) exemption applications is based on the also have a copy of the exemption when program eligibility criteria and an driving, for presentation to a duly In accordance with 49 U.S.C. 31136(e) individualized assessment of authorized Federal, State, or local and 31315, each exemption will be valid information submitted by each enforcement official. for two years from the effective date applicant. The qualifications, unless revoked earlier by FMCSA. The VI. Preemption experience, and medical condition of exemption will be revoked if the each applicant were stated and During the period the exemption is in following occurs: (1) The person fails to discussed in detail in the January 16, effect, no State shall enforce any law or comply with the terms and conditions 2018, Federal Register notice (83 FR regulation that conflicts with this of the exemption; (2) the exemption has 2283) and will not be repeated in this exemption with respect to a person resulted in a lower level of safety than notice. operating under the exemption. was maintained prior to being granted; These 40 applicants have had ITDM VII. Conclusion or (3) continuation of the exemption over a range of one to 24 years. These would not be consistent with the goals applicants report no severe Based upon its evaluation of the 40 and objectives of 49 U.S.C. 31136(e) and hypoglycemic reactions resulting in loss exemption applications, FMCSA 31315. of consciousness or seizure, requiring exempts the following drivers from the the assistance of another person, or diabetes requirement in 49 CFR Issued on: April 2, 2018. resulting in impaired cognitive function 391.41(b)(10), subject to the Larry W. Minor, that occurred without warning requirements cited above: Associate Administrator for Policy. symptoms, in the past 12 months and no Kyle A. Bernard (PA) [FR Doc. 2018–07206 Filed 4–6–18; 8:45 am] recurrent (two or more) severe Zachary R. Brigham (SC) BILLING CODE 4910–EX–P

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15221

DEPARTMENT OF TRANSPORTATION the level that would be achieved by the Public Comments current regulation (49 CFR 381.305). Federal Motor Carrier Safety The decision of the Agency must be On September 26, 2017, FMCSA Administration published in the Federal Register (49 published notice of the application for exemption and asked for public [Docket No. FMCSA–2017–0270] CFR 381.315(b)) with the reasons for denying or granting the application and, comment (82 FR 44871). The Agency Hours of Service of Drivers: National if granted, the name of the person or received nine comments from the Tank Truck Carriers and class of persons receiving the public, four in favor of the application Massachusetts Motor Transportation exemption, and the regulatory provision and five in opposition. The American Association; Application for from which the exemption is granted. Trucking Associations was in favor, Exemption The notice must also specify the citing the similarity of these operations effective period (up to 5 years) and to other HM transporters that previously AGENCY: Federal Motor Carrier Safety explain the terms and conditions of the were granted a more-limited exemption Administration (FMCSA), DOT. exemption. The exemption may be from the rest-break requirement. The ACTION: Notice of final disposition; grant renewed (49 CFR 381.300(b)). Transportation Trades Department of application for exemption. Background (AFL–CIO) and the International Association of Firefighters opposed the SUMMARY: FMCSA announces its The Agency’s hours of service (HOS) NTTC application. They believe that decision to grant the application of the rules require most interstate drivers to allowing these drivers to operate CMVs National Tank Truck Carriers, Inc. maintain a record of duty status (RODS), without a rest break imposes (NTTC) and the Massachusetts Motor or log, on board the CMV in accordance unnecessary risks upon the motoring Transport Association, Inc. (MMTA) for with 49 CFR part 395. However, the public. They believe that the risks an exemption from the requirement that ‘‘100 air-mile radius exception’’ relieves outweigh the difficulties inherent in drivers of commercial motor vehicles CMV drivers of the duty to maintain a tank truck drivers going off duty for 30 (CMVs) obtain a 30-minute rest break. log if they remain within a 100 air-mile consecutive minutes. The exemption is limited to CMV radius of the normal work reporting drivers engaged in the transportation of location during the duty day and return FMCSA Decision specified types of petroleum-based fuels to the work-reporting location and are who would otherwise have to observe released from work within 12 hours (49 FMCSA has evaluated the application the rest break when their duty day CFR 395.1(e)(1)). Further, drivers for an exemption and the public unexpectedly exceeds 12 hours. FMCSA qualifying for the 100 air-mile exception comments submitted. Few comments has analyzed the exemption application are not subject to the 30-minute rest opposed the application and none and public comments and has break requirement of HOS regulations directly addressed the regulatory determined that the exemption, subject (49 CFR 395.3(a)(3)(ii)). difficulties confronted by tank-truck to the terms and conditions imposed, Request for Exemption carriers and drivers transporting these will achieve a level of safety that is petroleum-based fuels. The Agency equivalent to, or greater than, the level NTTC and MMTA applied for an finds the arguments in favor of the that would be achieved absent such exemption from the 30-minute rest exemption persuasive and grants a exemption. break provision on behalf of motor limited exemption that the Agency can carriers and drivers operating tank review at any time the safety DATES: The exemption is effective April trucks to transport certain petroleum- 9, 2018 and expires on April 10, 2023. performance of these operations based products in interstate commerce. requires. We have tailored the terms and FOR FURTHER INFORMATION CONTACT: For The tank trucks are normally loaded conditions of the exemption carefully to information concerning this notice, with products in the morning, and relieve the regulatory difficulties please contact Mr. Buz Schultz, FMCSA deliver the products to three or more without opening the door to abuse of the Driver and Carrier Operations Division; service stations during the remainder of HOS rules. Telephone: (202) 366–2718; Email: the duty day. Most of the estimated [email protected]. 38,000 vehicles engaged in such FMCSA grants this exemption SUPPLEMENTARY INFORMATION: transportation each day qualify for the because it finds that the level of safety 100 air-mile radius exception, but on achieved by this industry operating Legal Basis rare occasions, they do not. under the terms and conditions of the FMCSA has authority under 49 U.S.C. Circumstances beyond the control of the exemption, would be equal to, or greater 31136(e) and 31315 to grant exemptions motor carrier and driver periodically than, the level of safety that would be from certain Federal Motor Carrier cause delays in the delivery schedule. achieved if the drivers were required to Safety Regulations (FMCSRs). FMCSA The applicants outlined the concerns take the rest break. These drivers receive must publish a notice of each exemption they have with interrupting delivery of several short ‘‘breaks’’ each day when request in the Federal Register (49 CFR hazardous materials (HM) in order for they unload product at service stations. 381.315(a)). The Agency must provide the driver to take the required 30- While the exemption will allow these the public an opportunity to inspect the minute rest break. For instance, as a drivers to operate beyond the 12th hour, information relevant to the application, security measure, a motor carrier may they will still have to complete their including any safety analyses that have require that a tank truck transporting duty day before the 14-hour limit by been conducted. The Agency must also certain fuels be attended by the driver which most CMV drivers are governed. provide an opportunity for public when the vehicle is stopped, and a In addition, these drivers will be comment on the request. driver attending a CMV is not required to maintain an HOS log in The Agency reviews safety analyses considered off duty as required by the accordance with 49 CFR part 395, as and public comments submitted, and rest-break rule. Attendance is not required of all CMV drivers who find determines whether granting the required by regulation except for during a duty day that they are not exemption would likely achieve a level transporters of certain explosives [49 qualified for the 100 air-mile radius of safety equivalent to, or greater than, CFR 395.1(q)]. exception.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15222 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

Terms and Conditions of the Exemption k. Whether the driver was cited for within the commercial zones of such violation of any traffic laws or motor municipalities. FMCSA invites public 1. This exemption from the carrier safety regulations, and comment on the ICR. requirements of 49 CFR 395.3(a)(3)(ii) is l. The total driving time and total on- DATES: We must receive your comments granted for the period from April 9, duty time prior to the accident. 2018 through April 10, 2023. on or before June 8, 2018. 2. This exemption applies when a Safety Oversight ADDRESSES: You may submit comments driver who normally operates under the FMCSA expects the motor carriers identified by Federal Docket 49 CFR 395.1(e)(1) short-haul exception and drivers operating under the terms Management System (FDMS) Docket finds that operational issues require him and conditions of this exemption to Number FMCSA–2018–0004 using any or her to exceed the 12-hour limit of that of the following methods: maintain their safety record. However, • exception. Drivers operating under this should safety deteriorate, FMCSA will, Federal eRulemaking Portal: http:// exemption must, however, return to consistent with the statutory www.regulations.gov. Follow the online their work reporting location and be requirements of 49 U.S.C. 31315, take instructions for submitting comments. released from duty within 14 hours of • Fax: 1–202–493–2251. all steps necessary to protect the public • having come on duty following 10 or interest. Authorization of the exemption Mail: Docket Operations; U.S. more consecutive hours off duty. is discretionary, and FMCSA will Department of Transportation, 1200 3. This exemption is limited to motor immediately revoke the exemption of New Jersey Avenue SE., West Building, carriers and drivers engaged in the any motor carrier or driver for failure to Ground Floor, Room W12–140, 20590– transportation of the following 0001. comply with the terms and conditions • petroleum products: U.N. 1170— of the exemption. Hand Delivery or Courier: West Ethanol, U.N. 1202—Diesel Fuel, U.N. Building, Ground Floor, Room W12– 1203—Gasoline, U.N. 1863—Fuel, Preemption 140, 1200 New Jersey Avenue SE., aviation, turbine engine, U.N. 1993— Consistent with 49 U.S.C. 31315(d), Washington, DC, between 9 a.m. and 5 Flammable liquids, n.o.s. (gasoline), this exemption preempts inconsistent p.m. e.t., Monday through Friday, U.N. 3475—Ethanol and gasoline State or local requirements applicable to except Federal holidays. mixture, Ethanol and motor spirit interstate commerce. Instructions: All submissions must include the Agency name and docket mixture, or Ethanol and petrol mixture, Issued on: March 30, 2018. and N.A. 1993—Diesel Fuel or Fuel Oil. number. For detailed instructions on Cathy F. Gautreaux, submitting comments and additional 4. This exemption is further limited to Deputy Administrator. motor carriers that have an FMCSA information on the exemption process, [FR Doc. 2018–07189 Filed 4–6–18; 8:45 am] ‘‘satisfactory’’ safety rating or are see the Public Participation heading BILLING CODE 4910–EX–P ‘‘unrated’’; motor carriers with below. Note that all comments received ‘‘conditional’’ or ‘‘unsatisfactory’’ safety will be posted without change to http:// www.regulations.gov, including any ratings are prohibited from utilizing this DEPARTMENT OF TRANSPORTATION exemption. personal information provided. Please 5. Drivers must have a copy of this Federal Motor Carrier Safety see the Privacy Act heading below. Docket: For access to the docket to exemption document in their possession Administration read background documents or while operating under the terms of the [Docket No. FMCSA–2018–0004] comments received, go to http:// exemption and must present it to law www.regulations.gov, and follow the enforcement officials upon request. Agency Information Collection online instructions for accessing the Accident Reporting Activities; Renewal of a Currently- dockets, or go to the street address listed Approved Information Collection above. Exempt motor carriers must notify Request: Application for Certificate of FMCSA by email addressed to MCPSD@ Privacy Act: Anyone is able to search Registration for Foreign Motor Carriers the electronic form of all comments DOT.GOV within 5 business days of any and Foreign Motor Private Carriers accident (as defined in 49 CFR 390.5T) received into any of our dockets by the that occurs while its driver is operating AGENCY: Federal Motor Carrier Safety name of the individual submitting the under the terms of this exemption. The Administration (FMCSA), DOT. comment (or signing the comment, if notification must include: ACTION: Notice and request for submitted on behalf of an association, business, labor union, etc.). You may a. Identifier of the Exemption: information. review DOT’s complete Privacy Act ‘‘NTTC,’’ SUMMARY: In accordance with the Statement for the Federal Docket b. Name of operating carrier and Paperwork Reduction Act of 1995, Management System published in the USDOT number, FMCSA announces its plan to submit Federal Register on January 17, 2008 c. Date of the accident, the Information Collection Request (ICR) (73 FR 3316), or you may visit http:// d. City or town, and State, in which described below to the Office of edocket.access.gpo.gov/2008/pdfE8- the accident occurred, or closest to the Management and Budget (OMB) for its 794.pdf. accident scene, renewal. The FMCSA requests to renew Public Participation: The Federal e. Driver’s name and license number, the ICR titled, ‘‘Application for eRulemaking Portal is available 24 f. Name of co-driver, if any, and Certificate of Registration for Foreign hours each day, 365 days each year. You license number, Motor Carriers and Foreign Motor can obtain electronic submission and g. Vehicle number and state license Private Carriers,’’ that requires foreign retrieval help and guidelines under the number, (Mexico-based) for-hire and private ‘‘help’’ section of the Federal h. Number of individuals suffering motor carriers to file an application eRulemaking Portal website. If you want physical injury, Form OP–2 if they wish to register to us to notify you that we received your i. Number of fatalities, transport property only within comments, please include a self- j. The police-reported cause of the municipalities in the United States on addressed, stamped envelope or accident, the U.S.-Mexico international borders or postcard, or print the acknowledgement

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15223

page that appears after submitting Frequency of Response: Occasionally. DATES: Each group of renewed comments online. Comments received Estimated Total Annual Burden: exemptions were applicable on the after the comment closing date will be 1,760 hours [440 responses × 4 hours to dates stated in the discussions below included in the docket and will be complete Form OP–2 ]. and will expire on the dates stated in considered to the extent practicable. PUBLIC COMMENTS INVITED: You are asked the discussions below. FOR FURTHER INFORMATION CONTACT: Ms. to comment on any aspect of this FOR FURTHER INFORMATION CONTACT: Ms. Fiorella Herrera, Transportation information collection, including: (1) Christine A. Hydock, Chief, Medical Specialist, Office of Information Whether the proposed collection is Programs Division, 202–366–4001, Technology, IT Operations Division, necessary for the performance of [email protected], FMCSA, Department of Transportation, Federal FMCSA’s functions; (2) the accuracy of Department of Transportation, 1200 Motor Carrier Safety Administration, the estimated burden; (3) ways for New Jersey Avenue SE, Room W64–224, 6th Floor, West Building, 1200 New FMCSA to enhance the quality, Washington, DC 20590–0001. Office Jersey Ave., SE, Washington DC 20590. usefulness, and clarity of the collected hours are from 8:30 a.m. to 5 p.m., e.t., Telephone Number: (202) 366–0376; information; and (4) ways that the Monday through Friday, except Federal Email Address: [email protected]. burden could be minimized without holidays. If you have questions Office hours are from 9:00 a.m. to 5:00 reducing the quality of the collected regarding viewing or submitting p.m., Monday through Friday, except information. The agency will summarize material to the docket, contact Docket Federal Holidays. or include your comments in the request Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: for OMB’s clearance of this information SUPPLEMENTARY INFORMATION: Background: Title 49 U.S.C. 13902(c) collection. I. Electronic Access contains basic licensing procedures for Issued under the authority of 49 CFR 1.87 registering foreign (Mexico-based) motor on: April 2, 2018. You may see all the comments online carriers to operate across the U.S.- Kelly Regal, through the Federal Document Mexico international border into the Associate Administrator for Office of Management System (FDMS) at: http:// United States. 49 CFR part 368 contains Research and Information Technology. www.regulations.gov. the regulations that require foreign [FR Doc. 2018–07180 Filed 4–6–18; 8:45 am] Docket: For access to the docket to (Mexico-based) motor carriers to apply BILLING CODE 4910–EX–P read background documents or to the FMCSA for a Certificate of comments, go to http// Registration to provide interstate www.regulations.gov and/or Room transportation in municipalities in the DEPARTMENT OF TRANSPORTATION W12–140 on the ground level of the United States on the U.S.-Mexico West Building, 1200 New Jersey Avenue international border or within the Federal Motor Carrier Safety SE, Washington, DC, between 9 a.m. and commercial zones of such Administration 5 p.m., e.t., Monday through Friday, municipalities as defined in 49 U.S.C. [Docket No. FMCSA–1999–5578; FMCSA– except Federal holidays. 13902(c)(4)(A). The FMCSA carries out 1999–5748; FMCSA–2001–9258; FMCSA– Privacy Act: In accordance with 5 this registration program under 2001–10578; FMCSA–2002–11426; FMCSA– U.S.C. 553(c), DOT solicits comments authority delegated by the Secretary of 2002–12844; FMCSA–2003–15892; FMCSA– from the public to better inform its Transportation. 2003–16241; FMCSA–2005–21711; FMCSA– rulemaking process. DOT posts these Foreign (Mexico-based) motor carriers 2005–22194; FMCSA–2007–27897; FMCSA– comments, without edit, including any use Form OP–2 to apply for Certificate 2008–0231; FMCSA–2009–0054; FMCSA– personal information the commenter of Registration authority with the 2009–0154; FMCSA–2009–0206; FMCSA– provides, to http://www.regulations.gov, FMCSA. The form requests information 2011–0092; FMCSA–2011–0124; FMCSA– as described in the system of records 2011–0142; FMCSA–2011–0276; FMCSA– on the foreign motor carrier’s name, 2011–26690; FMCSA–2013–0025; FMCSA– notice (DOT/ALL–14 FDMS), which can address, U.S. DOT Number, form of 2013–0027; FMCSA–2013–0028; FMCSA– be reviewed at http://www.dot.gov/ business (e.g., corporation, sole 2013–0029; FMCSA–2013–0030; FMCSA– privacy. proprietorship, partnership), locations 2013–0165; FMCSA–2013–0166; FMCSA– II. Background where the applicant plans to operate, 2013–0168; FMCSA–2013–0169; FMCSA– types of registration requested (e.g., for- 2013–0170; FMCSA–2014–0303; FMCSA– On January 16, 2018, FMCSA hire motor carrier, household goods 2015–0055; FMCSA–2015–0056; FMCSA– published a notice announcing its carrier, motor private carrier), 2015–0070; FMCSA–2015–0071; FMCSA– decision to renew exemptions for 109 insurance, safety certifications, 2015–0072] individuals from the vision requirement in 49 CFR 391.41(b)(10) to operate a household goods arbitration Qualification of Drivers; Exemption CMV in interstate commerce and certifications, and compliance Applications; Vision certifications. requested comments from the public (83 Title: Application for Certificate of AGENCY: Federal Motor Carrier Safety FR 2306). The public comment period Registration for Foreign Motor Carriers Administration (FMCSA), DOT. ended on February 15, 2018, and no and Foreign Motor Private Carriers. ACTION: Notice of final disposition. comments were received. OMB Control Number: 2126–0019. As stated in the previous notice, Type of Request: Renewal of a SUMMARY: FMCSA announces its FMCSA has evaluated the eligibility of currently-approved information decision to renew exemptions for 109 these applicants and determined that collection. individuals from the vision requirement renewing these exemptions would Respondents: Foreign motor carriers in the Federal Motor Carrier Safety achieve a level of safety equivalent to or and commercial motor vehicle drivers. Regulations (FMCSRs) for interstate greater than the level that would be Estimated Number of Respondents: commercial motor vehicle (CMV) achieved by complying with the current 440. drivers. The exemptions enable these regulation 49 CFR 391.41(b)(10). Estimated Time per Response: 4 hours individuals to continue to operate CMVs The physical qualification standard to complete Form OP–2. in interstate commerce without meeting for drivers regarding vision found in 49 Expiration Date: October 31, 2018. the vision requirement in one eye. CFR 391.41(b)(10) states that a person is

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15224 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

physically qualified to driver a CMV if Timothy V. Burke (CO) 74 FR 57551; 76 FR 34135; 76 FR 64169; that person has distant visual acuity of Wescott Clarke (MA) 76 FR 66123; 76 FR 75943; 78 FR 62935; at least 20/40 (Snellen) in each eye Gene B. Clyde (NY) 78 FR 65032; 78 FR 76395; 78 FR 77782; without corrective lenses or visual Joseph Coelho (RI) 80 FR 67481): acuity separately corrected to 20/40 Duane C. Conway (NV) Kevin G. Clem (SD) (Snellen) or better with corrective William J. Corder (NC) Rocky J. Lachney (LA) lenses, distant binocular acuity of a least Jose C. Costa (WA) Chase L. Larson (WA) 20/40 (Snellen) in both eyes with or Jon K. Dale (UT) Herman G. Lovell (OR) without corrective lenses, field of vision Thomas P. Davidson (NJ) Robert E. Smith (CT) of at least 70° in the horizontal meridian Elhadji M. Faye (CA) Fred L. Stotts (OK) in each eye, and the ability to recognize Jason R. Gast (MO) Randell K. Tyler (AL) the colors of traffic signals and devices Edward J. Genovese (IN) The drivers were included in docket showing red, green, and amber. Nirmal S. Gill (CA) numbers FMCSA–2001–9258; FMCSA– Roger J. Hansen (WI) III. Discussion of Comments 2009–0206; FMCSA–2011–26690; Bradley O. Hart (UT) FMCSA–2013–0166. Their exemptions FMCSA received no comments in this Dean M. Hobson (IL) preceding. are applicable as of December 5, 2017, Jesus J. Huerta (NV) and will expire on December 5, 2019. VI. Conclusion Elmer G. Isenhart (OH) As of December 6, 2017, and in Nathan H. Jacobs (NM) accordance with 49 U.S.C. 31136(e) and Based upon its evaluation of the 109 Donald L. Jensen (SD) renewal exemption applications and 31315, the following four individuals Darrell W. Knorr (IL) have satisfied the renewal conditions for comments received, FMCSA confirms Dale R. Knuppel (CO) its’ decision to exempt the following obtaining an exemption from the vision Carmelo A. Lana (NJ) requirement in the FMCSRs for drivers from the vision requirement in Michael Lancette (WI) 49 CFR 391.41 (b)(10): interstate CMV drivers (70 FR 57353; 70 Keith A. Lang (TX) FR 72689; 72 FR 62897; 74 FR 60021; In accordance with 49 U.S.C. 31136(e) Larry W. Lunde (WA) and 31315, the following groups of 76 FR 70210; 78 FR 66099; 80 FR Rodney M. Mimbs (GA) 67481): drivers received renewed exemptions in Michael A. Mitchell (MS) the month of December and are Dennis L. Morgan (WA) Thomas C. Meadows (NC) discussed below: Clarence L. Ogle (SD) David A. Morris (TX) As of December 3, 2017, and in Dennis R. Ohl (MO) Richard P. Stanley (MA) accordance with 49 U.S.C. 31136(e) and James A. Parker (PA) Scott A. Tetter (IL) 31315, the following 48 individuals Chris A. Ritenour (MI) The drivers were included in docket have satisfied the renewal conditions for Danilo A. Rivera (MD) number FMCSA–2005–22194. Their obtaining an exemption from the vision Steven L. Roberts (AR) exemptions are applicable as of requirement in the FMCSRs for Michael J. Schmelzle (KS) December 6, 2017, and will expire on interstate CMV drivers (64 FR 40404; 64 Ralph J. Schmitt (CO) December 6, 2019. FR 66962; 66 FR 17743; 66 FR 33990; Wesley C. Slattery (KS) As of December 15, 2017, and in 66 FR 63289; 67 FR 68719; 68 FR 2629; Mark R. Stevens (IA) accordance with 49 U.S.C. 31136(e) and 68 FR 35772; 68 FR 52811; 68 FR 61860; Gerry W. Talbott (VA) 31315, the following 12 individuals 68 FR 64944; 70 FR 33937; 70 FR 48797; Daniel R. Viscaya (NC) have satisfied the renewal conditions for 70 FR 61165; 70 FR 61493; 70 FR 67776; Paul B. Williams (NY) obtaining an exemption from the vision 72 FR 39879; 72 FR 40360; 72 FR 52419; requirement in the FMCSRs for 72 FR 64273; 73 FR 46973; 73 FR 54888; The drivers were included in docket numbers FMCSA–1999–5748; FMCSA– interstate CMV drivers (80 FR 70060; 81 74 FR 11988; 74 FR 21427; 74 FR 34632; FR 16265): 74 FR 37295; 74 FR 41971; 74 FR 48343; 2001–9258; FMCSA–2002–12844; Stephen W. Barrows (OR) 74 FR 53581; 74 FR 62632; 76 FR 25766; FMCSA–2003–15892; FMCSA–2005– Charles W. Bradley (SC) 76 FR 29026; 76 FR 34136; 76 FR 37885; 21711; FMCSA–2007–27897; FMCSA– Ricky A. Bray (AR) 76 FR 44652; 76 FR 49531; 76 FR 53708; 2008–0231; FMCSA–2009–0054; Jerry W. Gibson (TX) 76 FR 54530; 76 FR 55463; 76 FR 64171; FMCSA–2009–0154; FMCSA–2011– Michael D. Judy (KS) 76 FR 70215; 78 FR 20376; 78 FR 24798; 0092; FMCSA–2011–0124; FMCSA– Joel H. Kohagen (IA) 78 FR 27281; 78 FR 30954; 78 FR 34141; 2013–0025; FMCSA–2013–0027; Kelly K. Kremer (OR) 78 FR 34143; 78 FR 37270; 78 FR 41188; FMCSA–2013–0028; FMCSA–2013– Edward R. Lockhart (MS) 78 FR 41975; 78 FR 46407; 78 FR 47818; 0029; FMCSA–2013–0030; FMCSA– Rodolfo Martinez (TX) 78 FR 52602; 78 FR 56986; 78 FR 63307; 2013–0165; FMCSA–2014–0303; Tobias G.E. Olsen (ND) 78 FR 64280; 78 FR 68137; 78 FR 77782; FMCSA–2015–0055; FMCSA–2015– Gregory A. Woodward (OR) 78 FR 78477; 79 FR 4531; 80 FR 14240; 0056; FMCSA–2015–0070; FMCSA– Alton R. Young (MS) 80 FR 31640; 80 FR 33007; 80 FR 33324; 2015–0071. Their exemptions are 80 FR 37718; 80 FR 44185; 80 FR 44188; applicable as of December 3, 2017, and The drivers were included in docket 80 FR 48402; 80 FR 48411; 80 FR 50917; will expire on December 3, 2019. number FMCSA–2015–0072. Their 80 FR 59225; 80 FR 59230; 80 FR 62161; As of December 5, 2017, and in exemptions are applicable as of 80 FR 63869; 80 FR 67472; 80 FR 67476; accordance with 49 U.S.C. 31136(e) and December 15, 2017, and will expire on 81 FR 11642; 81 FR 1284; 81 FR 15404): 31315, the following seven individuals December 15, 2019. Charles R. Airey (MD) have satisfied the renewal conditions for As of December 17, 2017, and in Thomas E. Adams (IN) obtaining an exemption from the vision accordance with 49 U.S.C. 31136(e) and Christopher L. Bagby (VA) requirement in the FMCSRs for 31315, the following three individuals Joseph A. Batista (PA) interstate CMV drivers (66 FR 17743; 66 have satisfied the renewal conditions for Rickie L. Boone (NC) FR 33990; 68 FR 35772; 70 FR 33937; obtaining an exemption from the vision Jerry A. Bordelon (LA) 72 FR 32705; 74 FR 26464; 74 FR 43217; requirement in the FMCSRs for

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15225

interstate CMV drivers (78 FR 62935; 78 Stanley E. Elliott (UT) DEPARTMENT OF TRANSPORTATION FR 76395; 80 FR 67481): Herbert R. Elmer E. Gockley (PA) Brenner, (ME); Henry D. Smith, (NC); Federal Motor Carrier Safety Glenn T. Hehner (KY) Kolby W. Strickland, (WA). Administration The drivers were included in docket Vladimir M. Kats (NC) [Docket No. FMCSA–2018–0023] number FMCSA–2013–0166. Their Randall B. Laminack (TX) exemptions are applicable as of Robert W. Lantis (MT) Qualification of Drivers; Exemption December 17, 2017, and will expire on Applications; Diabetes Mellitus December 17, 2019. Jerry L. Lord (PA) As of December 22, 2017, and in Eldon Miles (IN) AGENCY: Federal Motor Carrier Safety accordance with 49 U.S.C. 31136(e) and Neal A. Richard (LA) Administration (FMCSA), DOT. 31315, the following two individuals Rene R. Trachsel (OR) ACTION: Notice of applications for have satisfied the renewal conditions for exemption; request for comments. obtaining an exemption from the vision Stanley W. Tyler, Jr. (NC) requirement in the FMCSRs for Kendle F. Waggle, Jr. (IN) SUMMARY: FMCSA announces receipt of interstate CMV drivers (76 FR 49528; 76 DeWayne Washington (NC) applications from 46 individuals for an FR 61143; 76 FR 67248; 76 FR 79761; exemption from the prohibition in the The drivers were included in docket 78 FR 67460; 80 FR 67481): Robert E. Federal Motor Carrier Safety numbers FMCSA–1999–5578; FMCSA– Morgan, Jr. (GA), David M. Taylor (MO). Regulations (FMCSRs) against persons The drivers were included in docket 2001–10578; FMCSA–2002–11426; with insulin-treated diabetes mellitus numbers FMCSA–2011–0142; FMCSA– FMCSA–2005–21711; FMCSA–2005– (ITDM) operating a commercial motor 2011–0276. Their exemptions are 22194; FMCSA–2009–0154. Their vehicle (CMV) in interstate commerce. If applicable as of December 22, 2017, and exemptions are applicable as of granted, the exemptions would enable will expire on December 22, 2019. December 27, 2017, and will expire on these individuals with ITDM to operate As of December 24, 2017, and in December 27, 2019. CMVs in interstate commerce. accordance with 49 U.S.C. 31136(e) and As of December 31, 2017, and in DATES: Comments must be received on 31315, the following 16 individuals accordance with 49 U.S.C. 31136(e) and or before May 9, 2018. have satisfied the renewal conditions for 31315, the following four individuals ADDRESSES: You may submit comments have satisfied the renewal conditions for obtaining an exemption from the vision bearing the Federal Docket Management obtaining an exemption from the vision requirement in the FMCSRs for System (FDMS) Docket No. FMCSA– requirement in the FMCSRs for interstate CMV drivers (78 FR 63302; 78 2018–0023 using any of the following interstate CMV drivers (66 FR 53826; 66 FR 64274; 78 FR 77778; 78 FR 77780; methods: FR 66966; 68 FR 61857; 68 FR 69434; 80 FR 67481): • Federal eRulemaking Portal: Go to 68 FR 75715; 70 FR 74102; 71 FR 646; Lawrence A. Angle (MO) http://www.regulations.gov. Follow the 72 FR 71993; 72 FR 71998; 74 FR 65846; Ernest J. Bachman (PA) online instructions for submitting 76 FR 78729; 78 FR 67454; 78 FR 67462; Wayne Barker (OK) comments. Eugene R. Briggs (MI) 79 FR 4803; 80 FR 67481): • Mail: Docket Management Facility; Matthew S. Burns (OH) Martiniano L. Espinosa (FL) Lee A. DeHaan (SD) U.S. Department of Transportation, 1200 Bradley R. Dishman (KY) Dustin K. Heimbach (PA) New Jersey Avenue SE, West Building Thomas G. Gholston (MS) Lonni Lomax, Jr. (IL) Ground Floor, Room W12–140, Washington, DC 20590–0001. Chad A. Miller (IA) John H. Voigts (AZ) William L. Paschall (MD) • Hand Delivery: West Building Kerry R. Powers (IN) The drivers were included in docket Ground Floor, Room W12–140, 1200 Eugene D. Self, Jr. (NC) numbers FMCSA–2001–10578; New Jersey Avenue SE, Washington, Mark P. Thiboutot (NH) FMCSA–2003–16241; FMCSA–2013– DC, between 9 a.m. and 5 p.m., e.t., Robert Thomas (PA) 0170. Their exemptions are applicable Monday through Friday, except Federal Herman D. Truewell (FL) as of December 31, 2017, and will expire Holidays. Janusz K. Wis (IL) on December 31, 2019. • Fax: 1–202–493–2251. The drivers were included in docket In accordance with 49 U.S.C. 31315, Instructions: Each submission must numbers FMCSA–2013–0168; FMCSA– each exemption will be valid for two include the Agency name and the 2013–0169. Their exemptions are years from the effective date unless docket number(s) for this notice. Note applicable as of December 24, 2017, and revoked earlier by FMCSA. The that all comments received will be will expire on December 24, 2019. exemption will be revoked if the posted without change to http:// As of December 27, 2017, and in following occurs: (1) The person fails to www.regulations.gov, including any accordance with 49 U.S.C. 31136(e) and comply with the terms and conditions personal information provided. Please 31315, the following 13 individuals of the exemption; (2) the exemption has see the Privacy Act heading below for have satisfied the renewal conditions for resulted in a lower level of safety than further information. obtaining an exemption from the vision was maintained prior to being granted; Docket: For access to the docket to requirement in the FMCSRs for or (3) continuation of the exemption read background documents or interstate CMV drivers (64 FR 27027; 64 would not be consistent with the goals comments, go to http:// FR 51568; 66 FR 53826; 66 FR 63289; and objectives of 49 U.S.C. 31136 and www.regulations.gov at any time or 66 FR 66966; 67 FR 10471; 67 FR 19798; 31315. Room W12–140 on the ground level of 68 FR 64944; 68 FR 69434; 69 FR 19611; the West Building, 1200 New Jersey 70 FR 48797; 70 FR 53412; 70 FR 57353; Issued on: April 2, 2018. Avenue SE, Washington, DC, between 9 70 FR 61493; 70 FR 67776; 70 FR 72689; Larry W. Minor, a.m. and 5 p.m., e.t., Monday through 70 FR 74102; 74 FR 37295; 74 FR 48343; Associate Administrator for Policy. Friday, except Federal holidays. The 74 FR 60021; 76 FR 75942; 78 FR 67452; [FR Doc. 2018–07182 Filed 4–6–18; 8:45 am] FDMS is available 24 hours each day 80 FR 67481): BILLING CODE 4910–EX–P e.t., 365 days each year. If you want

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15226 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

acknowledgment that we received your involvement than the general November 8, 2005 (70 FR 67777), comments, please include a self- population. remain in effect. addressed, stamped envelope or FMCSA established its diabetes II. Qualifications of Applicants postcard or print the acknowledgement exemption program, based on the page that appears after submitting Agency’s July 2000 study entitled ‘‘A Mark G. Albertson comments online. Report to Congress on the Feasibility of Mr. Albertson, 54, has had ITDM Privacy Act: In accordance with 5 a Program to Qualify Individuals with since 2011. His endocrinologist U.S.C. 553(c), DOT solicits comments Insulin-Treated Diabetes Mellitus to examined him in 2017 and certified that from the public to better inform its Operate in Interstate Commerce as he has had no severe hypoglycemic rulemaking process. DOT posts these Directed by the Transportation Act for reactions resulting in loss of comments, without edit, including any the 21st Century.’’ The report concluded consciousness, requiring the assistance personal information the commenter that a safe and practicable protocol to of another person, or resulting in provides, to http://www.regulations.gov, allow some drivers with ITDM to impaired cognitive function that as described in the system of records operate CMVs is feasible. The occurred without warning in the past 12 notice (DOT/ALL–14 FDMS), which can September 3, 2003 (68 FR 52441), months and no recurrent (two or more) be reviewed at http://www.dot.gov/ Federal Register notice in conjunction severe hypoglycemic episodes in the privacy. with the November 8, 2005 (70 FR last five years. His endocrinologist 67777), Federal Register notice provides FOR FURTHER INFORMATION CONTACT: certifies that Mr. Albertson understands Ms. the current protocol for allowing such Christine A. Hydock, Chief, Medical diabetes management and monitoring, drivers to operate CMVs in interstate has stable control of his diabetes using Programs Division, (202) 366–4001, commerce. [email protected], FMCSA, insulin, and is able to drive a CMV FMCSA notes that section 4129 of the Department of Transportation, 1200 safely. Mr. Albertson meets the Safe, Accountable, Flexible and New Jersey Avenue SE, Room W64–224, requirements of the vision standard at Efficient Transportation Equity Act: A Washington, DC 20590–0001. Office 49 CFR 391.41(b)(10). His Legacy for Users requires the Secretary hours are 8:30 a.m. to 5 p.m., e.t., ophthalmologist examined him in 2017 to revise its diabetes exemption program Monday through Friday, except Federal and certified that he has stable established on September 3, 2003 (68 FR holidays. If you have questions nonproliferative diabetic retinopathy. 52441). The revision must provide for regarding viewing or submitting He holds a Class B CDL from New York. individual assessment of drivers with material to the docket, contact Docket diabetes mellitus, and be consistent Duane L. Barrett Services, telephone (202) 366–9826. with the criteria described in section Mr. Barrett, 48, has had ITDM since SUPPLEMENTARY INFORMATION: 4018 of the Transportation Equity Act 1990. His endocrinologist examined him I. Background for the 21st Century (49 U.S.C. 31305). in 2017 and certified that he has had no Section 4129 requires: (1) Elimination of severe hypoglycemic reactions resulting Under 49 U.S.C. 31136(e) and 31315, the requirement for three years of in loss of consciousness, requiring the FMCSA may grant an exemption from experience operating CMVs while being assistance of another person, or the FMCSRs for a five-year period if it treated with insulin; and (2) resulting in impaired cognitive function finds ‘‘such exemption would likely establishment of a specified minimum that occurred without warning in the achieve a level of safety that is period of insulin use to demonstrate past 12 months and no recurrent (two or equivalent to or greater than the level stable control of diabetes before being more) severe hypoglycemic episodes in that would be achieved absent such allowed to operate a CMV. the last five years. His endocrinologist exemption.’’ The statute also allows the In response to section 4129, FMCSA certifies that Mr. Barrett understands Agency to renew exemptions at the end made immediate revisions to the diabetes management and monitoring, of the five-year period. FMCSA grants diabetes exemption program established has stable control of his diabetes using exemptions from the FMCSRs for a two- by the September 3, 2003 notice. insulin, and is able to drive a CMV year period to align with the maximum FMCSA discontinued use of the three- safely. Mr. Barrett meets the duration of a driver’s medical year driving experience and fulfilled the requirements of the vision standard at certification. requirements of section 4129 while 49 CFR 391.41(b)(10). His The 46 individuals listed in this continuing to ensure that operation of ophthalmologist examined him in 2017 notice have requested an exemption CMVs by drivers with ITDM will and certified that he has stable from the diabetes prohibition in 49 CFR achieve the requisite level of safety nonproliferative diabetic retinopathy. 391.41(b)(3). Accordingly, the Agency required of all exemptions granted He holds an operator’s license from will evaluate the qualifications of each under 49 U.S.C. 31136 (e). Section Alabama. applicant to determine whether granting 4129(d) also directed FMCSA to ensure the exemption will achieve the required that drivers of CMVs with ITDM are not Marvin L. Bodey level of safety mandated by statute. held to a higher standard than other Mr. Bodey, 54, has had ITDM since The physical qualification standard drivers, with the exception of limited 1992. His endocrinologist examined him for drivers regarding diabetes found in operating, monitoring and medical in 2017 and certified that he has had no 49 CFR 391.41(b)(3) states that a person requirements that are deemed medically severe hypoglycemic reactions resulting is physically qualified to drive a CMV necessary. The FMCSA concluded that in loss of consciousness, requiring the if that person has no established all of the operating, monitoring and assistance of another person, or medical history or clinical diagnosis of medical requirements set out in the resulting in impaired cognitive function diabetes mellitus currently requiring September 3, 2003, notice, except as that occurred without warning in the insulin for control. The Agency modified, were in compliance with past 12 months and no recurrent (two or established the current requirement for section 4129(d). Therefore, all of the more) severe hypoglycemic episodes in diabetes in 1970 because several risk requirements set out in the September 3, the last five years. His endocrinologist studies indicated that drivers with 2003, notice, except as modified by the certifies that Mr. Bodey understands diabetes had a higher rate of crash notice in the Federal Register on diabetes management and monitoring,

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15227

has stable control of his diabetes using the last five years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Caswell understands that occurred without warning in the safely. Mr. Bodey meets the diabetes management and monitoring, past 12 months and no recurrent (two or requirements of the vision standard at has stable control of his diabetes using more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV the last five years. His endocrinologist ophthalmologist examined him in 2017 safely. Mr. Caswell meets the certifies that Mr. Davis understands and certified that he does not have requirements of the vision standard at diabetes management and monitoring, diabetic retinopathy. He holds an 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using operator’s license from Texas. examined him in 2018 and certified that insulin, and is able to drive a CMV he does not have diabetic retinopathy. safely. Mr. Davis meets the requirements Kevin A. Cardona He holds an operator’s license from of the vision standard at 49 CFR Mr. Cardona, 22, has had ITDM since Massachusetts. 391.41(b)(10). His optometrist examined 2002. His endocrinologist examined him him in 2018 and certified that he does Nathaniel W. Curry in 2017 and certified that he has had no not have diabetic retinopathy. He holds severe hypoglycemic reactions resulting Mr. Curry, 34, has had ITDM since a Class A CDL from Delaware. in loss of consciousness, requiring the 2013. His endocrinologist examined him assistance of another person, or in 2017 and certified that he has had no Todd E. Dawson resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Dawson, 56, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2016. His endocrinologist examined him past 12 months and no recurrent (two or assistance of another person, or in 2017 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Cardona understands past 12 months and no recurrent (two or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last five years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Curry understands past 12 months and no recurrent (two or safely. Mr. Cardona meets the diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last five years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Dawson understands examined him in 2017 and certified that safely. Mr. Curry meets the diabetes management and monitoring, he does not have diabetic retinopathy. requirements of the vision standard at has stable control of his diabetes using He holds an operator’s license from New 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV York. examined him in 2018 and certified that safely. Mr. Dawson meets the he does not have diabetic retinopathy. requirements of the vision standard at James W. Carlson He holds a Class A CDL from North 49 CFR 391.41(b)(10). His Mr. Carlson, 58, has had ITDM since Carolina. ophthalmologist examined him in 2017 2017. His endocrinologist examined him and certified that he does not have Henry H. Daugherty in 2017 and certified that he has had no diabetic retinopathy. He holds a Class A severe hypoglycemic reactions resulting Mr. Daugherty, 66, has had ITDM CDL from Michigan. in loss of consciousness, requiring the since 2016. His endocrinologist assistance of another person, or examined him in 2017 and certified that James A. Denmark resulting in impaired cognitive function he has had no severe hypoglycemic Mr. Denmark, 39, has had ITDM since that occurred without warning in the reactions resulting in loss of 2017. His endocrinologist examined him past 12 months and no recurrent (two or consciousness, requiring the assistance in 2017 and certified that he has had no more) severe hypoglycemic episodes in of another person, or resulting in severe hypoglycemic reactions resulting the last five years. His endocrinologist impaired cognitive function that in loss of consciousness, requiring the certifies that Mr. Carlson understands occurred without warning in the past 12 assistance of another person, or diabetes management and monitoring, months and no recurrent (two or more) resulting in impaired cognitive function has stable control of his diabetes using severe hypoglycemic episodes in the that occurred without warning in the insulin, and is able to drive a CMV last five years. His endocrinologist past 12 months and no recurrent (two or safely. Mr. Carlson meets the certifies that Mr. Daugherty understands more) severe hypoglycemic episodes in requirements of the vision standard at diabetes management and monitoring, the last five years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using certifies that Mr. Denmark understands examined him in 2017 and certified that insulin, and is able to drive a CMV diabetes management and monitoring, he does not have diabetic retinopathy. safely. Mr. Daugherty meets the has stable control of his diabetes using He holds a Class A CDL from requirements of the vision standard at insulin, and is able to drive a CMV Wisconsin. 49 CFR 391.41(b)(10). His optometrist safely. Mr. Denmark meets the examined him in 2017 and certified that requirements of the vision standard at Kyle E. Caswell he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His Mr. Caswell, 41, has had ITDM since He holds a Class A CDL from ophthalmologist examined him in 2017 2009. His endocrinologist examined him Pennsylvania. and certified that he does not have in 2017 and certified that he has had no diabetic retinopathy. He holds a Class A Victor D. Davis severe hypoglycemic reactions resulting CDL from Georgia. in loss of consciousness, requiring the Mr. Davis, 49, has had ITDM since assistance of another person, or 2016. His endocrinologist examined him John V. Dobrowski resulting in impaired cognitive function in 2017 and certified that he has had no Mr. Dobrowski, 47, has had ITDM that occurred without warning in the severe hypoglycemic reactions resulting since 2016. His endocrinologist past 12 months and no recurrent (two or in loss of consciousness, requiring the examined him in 2017 and certified that more) severe hypoglycemic episodes in assistance of another person, or he has had no severe hypoglycemic

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15228 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

reactions resulting in loss of Timothy L. Ebbers diabetic retinopathy. He holds a Class A consciousness, requiring the assistance Mr. Ebbers, 55, has had ITDM since CDL from Oregon. of another person, or resulting in 2017. His endocrinologist examined him Wyllshaun A. Gipson impaired cognitive function that in 2017 and certified that he has had no Mr. Gipson, 34, has had ITDM since occurred without warning in the past 12 severe hypoglycemic reactions resulting months and no recurrent (two or more) 1998. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no severe hypoglycemic episodes in the assistance of another person, or last five years. His endocrinologist severe hypoglycemic reactions resulting resulting in impaired cognitive function in loss of consciousness, requiring the certifies that Mr. Dobrowski that occurred without warning in the understands diabetes management and assistance of another person, or past 12 months and no recurrent (two or resulting in impaired cognitive function monitoring, has stable control of his more) severe hypoglycemic episodes in diabetes using insulin, and is able to that occurred without warning in the the last five years. His endocrinologist past 12 months and no recurrent (two or drive a CMV safely. Mr. Dobrowski certifies that Mr. Ebbers understands meets the requirements of the vision more) severe hypoglycemic episodes in diabetes management and monitoring, the last five years. His endocrinologist standard at 49 CFR 391.41(b)(10). His has stable control of his diabetes using certifies that Mr. Gipson understands optometrist examined him in 2017 and insulin, and is able to drive a CMV diabetes management and monitoring, certified that he does not have diabetic safely. Mr. Ebbers meets the has stable control of his diabetes using retinopathy. He holds a Class A CDL requirements of the vision standard at insulin, and is able to drive a CMV from New Hampshire. 49 CFR 391.41(b)(10). His optometrist safely. Mr. Gipson meets the Michael W. Driggers examined him in 2017 and certified that requirements of the vision standard at he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His optometrist Mr. Driggers, 56, has had ITDM since He holds a Class A CDL from Illinois. examined him in 2017 and certified that 2017. His endocrinologist examined him Alfred K. Estes he does not have diabetic retinopathy. in 2017 and certified that he has had no He holds an operator’s license from severe hypoglycemic reactions resulting Mr. Estes, 53, has had ITDM since Maine. in loss of consciousness, requiring the 2017. His endocrinologist examined him Adam K. Graham assistance of another person, or in 2017 and certified that he has had no resulting in impaired cognitive function severe hypoglycemic reactions resulting Mr. Graham, 49, has had ITDM since that occurred without warning in the in loss of consciousness, requiring the 2017. His endocrinologist examined him past 12 months and no recurrent (two or assistance of another person, or in 2017 and certified that he has had no more) severe hypoglycemic episodes in resulting in impaired cognitive function severe hypoglycemic reactions resulting the last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Driggers understands past 12 months and no recurrent (two or assistance of another person, or diabetes management and monitoring, more) severe hypoglycemic episodes in resulting in impaired cognitive function has stable control of his diabetes using the last five years. His endocrinologist that occurred without warning in the insulin, and is able to drive a CMV certifies that Mr. Estes understands past 12 months and no recurrent (two or safely. Mr. Driggers meets the diabetes management and monitoring, more) severe hypoglycemic episodes in requirements of the vision standard at has stable control of his diabetes using the last five years. His endocrinologist 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV certifies that Mr. Graham understands examined him in 2017 and certified that safely. Mr. Estes meets the requirements diabetes management and monitoring, he does not have diabetic retinopathy. of the vision standard at 49 CFR has stable control of his diabetes using He holds a Class A CDL from South 391.41(b)(10). His ophthalmologist insulin, and is able to drive a CMV Carolina. examined him in 2017 and certified that safely. Mr. Graham meets the he does not have diabetic retinopathy. requirements of the vision standard at Michael J. Duffey He holds a Class A CDL from 49 CFR 391.41(b)(10). His optometrist Wisconsin. examined him in 2018 and certified that Mr. Duffey, 26, has had ITDM since Travis L. Gelbrich he does not have diabetic retinopathy. 2005. His endocrinologist examined him He holds a Class B CDL from in 2017 and certified that he has had no Mr. Gelbrich, 44, has had ITDM since Pennsylvania. severe hypoglycemic reactions resulting 2016. His endocrinologist examined him in loss of consciousness, requiring the in 2017 and certified that he has had no Nicholas D. Haggerty assistance of another person, or severe hypoglycemic reactions resulting Mr. Haggerty, 33, has had ITDM since resulting in impaired cognitive function in loss of consciousness, requiring the 2003. His endocrinologist examined him that occurred without warning in the assistance of another person, or in 2018 and certified that he has had no past 12 months and no recurrent (two or resulting in impaired cognitive function severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in that occurred without warning in the in loss of consciousness, requiring the the last five years. His endocrinologist past 12 months and no recurrent (two or assistance of another person, or certifies that Mr. Duffey understands more) severe hypoglycemic episodes in resulting in impaired cognitive function diabetes management and monitoring, the last five years. His endocrinologist that occurred without warning in the has stable control of his diabetes using certifies that Mr. Gelbrich understands past 12 months and no recurrent (two or insulin, and is able to drive a CMV diabetes management and monitoring, more) severe hypoglycemic episodes in safely. Mr. Duffey meets the has stable control of his diabetes using the last five years. His endocrinologist requirements of the vision standard at insulin, and is able to drive a CMV certifies that Mr. Haggerty understands 49 CFR 391.41(b)(10). His optometrist safely. Mr. Gelbrich meets the diabetes management and monitoring, examined him in 2017 and certified that requirements of the vision standard at has stable control of his diabetes using he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV He holds an operator’s license from ophthalmologist examined him in 2017 safely. Mr. Haggerty meets the Virginia. and certified that he does not have requirements of the vision standard at

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15229

49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV the last five years. His endocrinologist examined him in 2018 and certified that safely. Mr. Henry meets the certifies that Mr. Howell understands he does not have diabetic retinopathy. requirements of the vision standard at diabetes management and monitoring, He holds an operator’s license from 49 CFR 391.41(b)(10). His has stable control of his diabetes using West Virginia. ophthalmologist examined him in 2018 insulin, and is able to drive a CMV and certified that he has stable safely. Mr. Howell meets the John A. Hayes nonproliferative diabetic retinopathy. requirements of the vision standard at Mr. Hayes, 57, has had ITDM since He holds an operator’s license from 49 CFR 391.41(b)(10). His 2008. His endocrinologist examined him Texas. ophthalmologist examined him in 2018 in 2017 and certified that he has had no and certified that he does not have Robert T. Holcombe severe hypoglycemic reactions resulting diabetic retinopathy. He holds an in loss of consciousness, requiring the Mr. Holcombe, 53, has had ITDM operator’s license from Pennsylvania. assistance of another person, or since 2016. His endocrinologist resulting in impaired cognitive function examined him in 2018 and certified that Christopher S. Justice that occurred without warning in the he has had no severe hypoglycemic Mr. Justice, 34, has had ITDM since past 12 months and no recurrent (two or reactions resulting in loss of 1991. His endocrinologist examined him more) severe hypoglycemic episodes in consciousness, requiring the assistance in 2017 and certified that he has had no the last five years. His endocrinologist of another person, or resulting in severe hypoglycemic reactions resulting certifies that Mr. Hayes understands impaired cognitive function that in loss of consciousness, requiring the diabetes management and monitoring, occurred without warning in the past 12 assistance of another person, or has stable control of his diabetes using months and no recurrent (two or more) resulting in impaired cognitive function insulin, and is able to drive a CMV severe hypoglycemic episodes in the that occurred without warning in the safely. Mr. Hayes meets the last five years. His endocrinologist past 12 months and no recurrent (two or requirements of the vision standard at certifies that Mr. Holcombe understands more) severe hypoglycemic episodes in 49 CFR 391.41(b)(10). His diabetes management and monitoring, the last five years. His endocrinologist ophthalmologist examined him in 2017 has stable control of his diabetes using certifies that Mr. Justice understands and certified that he does not have insulin, and is able to drive a CMV diabetes management and monitoring, diabetic retinopathy. He holds a Class A safely. Mr. Holcombe meets the has stable control of his diabetes using CDL from New York. requirements of the vision standard at insulin, and is able to drive a CMV 49 CFR 391.41(b)(10). His optometrist safely. Mr. Justice meets the Dennis R. Henry examined him in 2018 and certified that requirements of the vision standard at Mr. Henry, 30, has had ITDM since he does not have diabetic retinopathy. 49 CFR 391.41(b)(10). His 2014. His endocrinologist examined him He holds a Class A CDL from Tennessee. ophthalmologist examined him in 2018 in 2018 and certified that he has had no and certified that he has stable Richard P. Houle severe hypoglycemic reactions resulting nonproliferative diabetic retinopathy. in loss of consciousness, requiring the Mr. Houle, 61, has had ITDM since He holds an operator’s license from assistance of another person, or 2015. His endocrinologist examined him North Carolina. resulting in impaired cognitive function in 2017 and certified that he has had no that occurred without warning in the severe hypoglycemic reactions resulting William T. Kribell past 12 months and no recurrent (two or in loss of consciousness, requiring the Mr. Kribell, 68, has had ITDM since more) severe hypoglycemic episodes in assistance of another person, or 2016. His endocrinologist examined him the last five years. His endocrinologist resulting in impaired cognitive function in 2017 and certified that he has had no certifies that Mr. Henry understands that occurred without warning in the severe hypoglycemic reactions resulting diabetes management and monitoring, past 12 months and no recurrent (two or in loss of consciousness, requiring the has stable control of his diabetes using more) severe hypoglycemic episodes in assistance of another person, or insulin, and is able to drive a CMV the last five years. His endocrinologist resulting in impaired cognitive function safely. Mr. Henry meets the certifies that Mr. Houle understands that occurred without warning in the requirements of the vision standard at diabetes management and monitoring, past 12 months and no recurrent (two or 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using more) severe hypoglycemic episodes in examined him in 2017 and certified that insulin, and is able to drive a CMV the last five years. His endocrinologist he does not have diabetic retinopathy. safely. Mr. Houle meets the certifies that Mr. Kribell understands He holds an operator’s license from requirements of the vision standard at diabetes management and monitoring, Texas. 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using examined him in 2017 and certified that insulin, and is able to drive a CMV Kenneth R. Henry he does not have diabetic retinopathy. safely. Mr. Kribell meets the Mr. Henry, 50, has had ITDM since He holds a Class A CDL from requirements of the vision standard at 2000. His endocrinologist examined him Washington. 49 CFR 391.41(b)(10). His optometrist in 2017 and certified that he has had no examined him in 2017 and certified that Daniel S. Howell severe hypoglycemic reactions resulting he does not have diabetic retinopathy. in loss of consciousness, requiring the Mr. Howell, 38, has had ITDM since He holds a Class A CDL from South assistance of another person, or 2009. His endocrinologist examined him Dakota. resulting in impaired cognitive function in 2017 and certified that he has had no that occurred without warning in the severe hypoglycemic reactions resulting Jason A. Lantz past 12 months and no recurrent (two or in loss of consciousness, requiring the Mr. Lantz, 43, has had ITDM since more) severe hypoglycemic episodes in assistance of another person, or 2017. His endocrinologist examined him the last five years. His endocrinologist resulting in impaired cognitive function in 2017 and certified that he has had no certifies that Mr. Henry understands that occurred without warning in the severe hypoglycemic reactions resulting diabetes management and monitoring, past 12 months and no recurrent (two or in loss of consciousness, requiring the has stable control of his diabetes using more) severe hypoglycemic episodes in assistance of another person, or

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15230 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

resulting in impaired cognitive function severe hypoglycemic reactions resulting James L. Morgan, Jr. that occurred without warning in the in loss of consciousness, requiring the Mr. Morgan, 41, has had ITDM since past 12 months and no recurrent (two or assistance of another person, or 2015. His endocrinologist examined him more) severe hypoglycemic episodes in resulting in impaired cognitive function in 2017 and certified that he has had no the last five years. His endocrinologist that occurred without warning in the severe hypoglycemic reactions resulting certifies that Mr. Lantz understands past 12 months and no recurrent (two or in loss of consciousness, requiring the diabetes management and monitoring, more) severe hypoglycemic episodes in assistance of another person, or has stable control of his diabetes using the last five years. His endocrinologist resulting in impaired cognitive function insulin, and is able to drive a CMV certifies that Mr. Matthies understands that occurred without warning in the safely. Mr. Lantz meets the requirements diabetes management and monitoring, past 12 months and no recurrent (two or of the vision standard at 49 CFR has stable control of his diabetes using more) severe hypoglycemic episodes in 391.41(b)(10). His optometrist examined insulin, and is able to drive a CMV the last five years. His endocrinologist him in 2017 and certified that he does safely. Mr. Matthies meets the certifies that Mr. Morgan understands not have diabetic retinopathy. He holds requirements of the vision standard at diabetes management and monitoring, a Class A CDL from Minnesota. 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using Dennis A. Lightbown examined him in 2017 and certified that insulin, and is able to drive a CMV he does not have diabetic retinopathy. Mr. Lightbown, 70, has had ITDM safely. Mr. Morgan meets the He holds an operator’s license from since 2017. His endocrinologist requirements of the vision standard at Massachusetts. examined him in 2017 and certified that 49 CFR 391.41(b)(10). His optometrist he has had no severe hypoglycemic James J.P. May examined him in 2017 and certified that reactions resulting in loss of he does not have diabetic retinopathy. consciousness, requiring the assistance Mr. May, 39, has had ITDM since He holds a Class A CDL from North of another person, or resulting in 2017. His endocrinologist examined him Carolina. impaired cognitive function that in 2018 and certified that he has had no William L. Nicklas occurred without warning in the past 12 severe hypoglycemic reactions resulting months and no recurrent (two or more) in loss of consciousness, requiring the Mr. Nicklas, 82, has had ITDM since severe hypoglycemic episodes in the assistance of another person, or 2012. His endocrinologist examined him last five years. His endocrinologist resulting in impaired cognitive function in 2017 and certified that he has had no certifies that Mr. Lightbown that occurred without warning in the severe hypoglycemic reactions resulting understands diabetes management and past 12 months and no recurrent (two or in loss of consciousness, requiring the monitoring, has stable control of his more) severe hypoglycemic episodes in assistance of another person, or diabetes using insulin, and is able to the last five years. His endocrinologist resulting in impaired cognitive function drive a CMV safely. Mr. Lightbown certifies that Mr. May understands that occurred without warning in the meets the requirements of the vision diabetes management and monitoring, past 12 months and no recurrent (two or standard at 49 CFR 391.41(b)(10). His has stable control of his diabetes using more) severe hypoglycemic episodes in ophthalmologist examined him in 2017 insulin, and is able to drive a CMV the last five years. His endocrinologist and certified that he does not have safely. Mr. May meets the requirements certifies that Mr. Nicklas understands diabetic retinopathy. He holds a Class B of the vision standard at 49 CFR diabetes management and monitoring, CDL from Colorado. 391.41(b)(10). His optometrist examined has stable control of his diabetes using insulin, and is able to drive a CMV Anthony L. Maita him in 2018 and certified that he does not have diabetic retinopathy. He holds safely. Mr. Nicklas meets the Mr. Maita, 71, has had ITDM since an operator’s license from California. requirements of the vision standard at 2004. His endocrinologist examined him 49 CFR 391.41(b)(10). His optometrist in 2017 and certified that he has had no Dale H.N. McCann examined him in 2017 and certified that severe hypoglycemic reactions resulting he does not have diabetic retinopathy. in loss of consciousness, requiring the Mr. McCann, 61, has had ITDM since He holds a Class A CDL from assistance of another person, or 2017. His endocrinologist examined him Pennsylvania. in 2017 and certified that he has had no resulting in impaired cognitive function Lorenzo E. Romo that occurred without warning in the severe hypoglycemic reactions resulting past 12 months and no recurrent (two or in loss of consciousness, requiring the Mr. Romo, 71, has had ITDM since more) severe hypoglycemic episodes in assistance of another person, or 2014. His endocrinologist examined him the last five years. His endocrinologist resulting in impaired cognitive function in 2017 and certified that he has had no certifies that Mr. Maita understands that occurred without warning in the severe hypoglycemic reactions resulting diabetes management and monitoring, past 12 months and no recurrent (two or in loss of consciousness, requiring the has stable control of his diabetes using more) severe hypoglycemic episodes in assistance of another person, or insulin, and is able to drive a CMV the last five years. His endocrinologist resulting in impaired cognitive function safely. Mr. Maita meets the certifies that Mr. McCann understands that occurred without warning in the requirements of the vision standard at diabetes management and monitoring, past 12 months and no recurrent (two or 49 CFR 391.41(b)(10). His optometrist has stable control of his diabetes using more) severe hypoglycemic episodes in examined him in 2017 and certified that insulin, and is able to drive a CMV the last five years. His endocrinologist he does not have diabetic retinopathy. safely. Mr. McCann meets the certifies that Mr. Romo understands He holds an operator’s license from requirements of the vision standard at diabetes management and monitoring, Pennsylvania. 49 CFR 391.41(b)(10). His has stable control of his diabetes using ophthalmologist examined him in 2017 insulin, and is able to drive a CMV Robert M. Matthies and certified that he has stable safely. Mr. Romo meets the Mr. Matthies, 54, has had ITDM since nonproliferative diabetic retinopathy. requirements of the vision standard at 2008. His endocrinologist examined him He holds a Class A CDL from 49 CFR 391.41(b)(10). His in 2017 and certified that he has had no Pennsylvania. ophthalmologist examined him in 2017

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15231

and certified that he does not have safely. Mr. Schrader meets the diabetes management and monitoring, diabetic retinopathy. He holds an requirements of the vision standard at has stable control of his diabetes using operator’s license from Texas. 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV ophthalmologist examined him in 2017 safely. Mr. Thomas meets the Dennis K. Rottenbucher and certified that he does not have requirements of the vision standard at Mr. Rottenbucher, 58, has had ITDM diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist since 2016. His endocrinologist CDL from Wisconsin. examined him in 2017 and certified that examined him in 2018 and certified that he does not have diabetic retinopathy. Ethan J. Stewmon he has had no severe hypoglycemic He holds an operator’s license from reactions resulting in loss of Mr. Stewmon, 28, has had ITDM since Nebraska. consciousness, requiring the assistance 2000. His endocrinologist examined him of another person, or resulting in in 2017 and certified that he has had no Benjamin D. Utoft impaired cognitive function that severe hypoglycemic reactions resulting Mr. Utoft, 42, has had ITDM since occurred without warning in the past 12 in loss of consciousness, requiring the 2013. His endocrinologist examined him months and no recurrent (two or more) assistance of another person, or in 2017 and certified that he has had no severe hypoglycemic episodes in the resulting in impaired cognitive function severe hypoglycemic reactions resulting last five years. His endocrinologist that occurred without warning in the in loss of consciousness, requiring the certifies that Mr. Rottenbucher past 12 months and no recurrent (two or assistance of another person, or understands diabetes management and more) severe hypoglycemic episodes in resulting in impaired cognitive function monitoring, has stable control of his the last five years. His endocrinologist that occurred without warning in the diabetes using insulin, and is able to certifies that Mr. Stewmon understands past 12 months and no recurrent (two or drive a CMV safely. Mr. Rottenbucher diabetes management and monitoring, more) severe hypoglycemic episodes in meets the requirements of the vision has stable control of his diabetes using the last five years. His endocrinologist standard at 49 CFR 391.41(b)(10). His insulin, and is able to drive a CMV certifies that Mr. Utoft understands ophthalmologist examined him in 2017 safely. Mr. Stewmon meets the diabetes management and monitoring, and certified that he does not have requirements of the vision standard at has stable control of his diabetes using diabetic retinopathy. He holds a Class A 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV CDL from South Dakota. examined him in 2017 and certified that safely. Mr. Utoft meets the requirements he does not have diabetic retinopathy. of the vision standard at 49 CFR Gregory Schembri He holds an operator’s license from 391.41(b)(10). His optometrist examined Mr. Schembri, 49, has had ITDM since Tennessee. him in 2017 and certified that he does 2017. His endocrinologist examined him not have diabetic retinopathy. He holds Charles F. Stockton in 2017 and certified that he has had no an operator’s license from Iowa. severe hypoglycemic reactions resulting Mr. Stockton, 62, has had ITDM since in loss of consciousness, requiring the 2017. His endocrinologist examined him Cassandra D. Waters assistance of another person, or in 2017 and certified that he has had no Ms. Waters, 54, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2012. Her endocrinologist examined her that occurred without warning in the in loss of consciousness, requiring the in 2017 and certified that she has had past 12 months and no recurrent (two or assistance of another person, or no severe hypoglycemic reactions more) severe hypoglycemic episodes in resulting in impaired cognitive function resulting in loss of consciousness, the last five years. His endocrinologist that occurred without warning in the requiring the assistance of another certifies that Mr. Schembri understands past 12 months and no recurrent (two or person, or resulting in impaired diabetes management and monitoring, more) severe hypoglycemic episodes in cognitive function that occurred without has stable control of his diabetes using the last five years. His endocrinologist warning in the past 12 months and no insulin, and is able to drive a CMV certifies that Mr. Stockton understands recurrent (two or more) severe safely. Mr. Schembri meets the diabetes management and monitoring, hypoglycemic episodes in the last five requirements of the vision standard at has stable control of his diabetes using years. Her endocrinologist certifies that 49 CFR 391.41(b)(10). His optometrist insulin, and is able to drive a CMV Ms. Waters understands diabetes examined him in 2017 and certified that safely. Mr. Stockton meets the management and monitoring has stable he does not have diabetic retinopathy. requirements of the vision standard at control of her diabetes using insulin, He holds an operator’s license from 49 CFR 391.41(b)(10). His and is able to drive a CMV safely. Ms. Pennsylvania. ophthalmologist examined him in 2017 Waters meets the requirements of the and certified that he has stable vision standard at 49 CFR 391.41(b)(10). Douglas R. Schrader nonproliferative diabetic retinopathy. Her optometrist examined her in 2017 Mr. Schrader, 62, has had ITDM since He holds a Class A CDL from Missouri. and certified that she does not have 2016. His endocrinologist examined him diabetic retinopathy. She holds an Michael E. Thomas in 2017 and certified that he has had no operator’s license from Maryland. severe hypoglycemic reactions resulting Mr. Thomas, 58, has had ITDM since in loss of consciousness, requiring the 2016. His endocrinologist examined him Daniel J. Welch assistance of another person, or in 2017 and certified that he has had no Mr. Welch, 24, has had ITDM since resulting in impaired cognitive function severe hypoglycemic reactions resulting 2004. His endocrinologist examined him that occurred without warning in the in loss of consciousness, requiring the in 2018 and certified that he has had no past 12 months and no recurrent (two or assistance of another person, or severe hypoglycemic reactions resulting more) severe hypoglycemic episodes in resulting in impaired cognitive function in loss of consciousness, requiring the the last five years. His endocrinologist that occurred without warning in the assistance of another person, or certifies that Mr. Schrader understands past 12 months and no recurrent (two or resulting in impaired cognitive function diabetes management and monitoring, more) severe hypoglycemic episodes in that occurred without warning in the has stable control of his diabetes using the last five years. His endocrinologist past 12 months and no recurrent (two or insulin, and is able to drive a CMV certifies that Mr. Thomas understands more) severe hypoglycemic episodes in

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15232 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

the last five years. His endocrinologist you will find all documents and from the public to better inform its certifies that Mr. Welch understands comments related to this notice. rulemaking process. DOT posts these diabetes management and monitoring, Issued on: April 2, 2018. comments, without edit, including any personal information the commenter has stable control of his diabetes using Larry W. Minor, insulin, and is able to drive a CMV provides, to http://www.regulations.gov, Associate Administrator for Policy. safely. Mr. Welch meets the as described in the system of records requirements of the vision standard at [FR Doc. 2018–07183 Filed 4–6–18; 8:45 am] notice (DOT/ALL–14 FDMS), which can 49 CFR 391.41(b)(10). His optometrist BILLING CODE 4910–EX–P be reviewed at http://www.dot.gov/ examined him in 2018 and certified that privacy. he does not have diabetic retinopathy. DEPARTMENT OF TRANSPORTATION II. Background He holds an operator’s license from On December 11, 2017, FMCSA Michigan. Federal Motor Carrier Safety published a notice announcing receipt Administration III. Request for Comments of applications from 16 individuals In accordance with 49 U.S.C. 31136(e) [Docket No. FMCSA–2017–0024] requesting an exemption from vision and 31315, FMCSA requests public requirement in 49 CFR 391.41(b)(10) Qualification of Drivers; Exemption comment from all interested persons on and requested comments from the Applications; Vision the exemption petitions described in public (82 FR 58262). The public this notice. We will consider all AGENCY: Federal Motor Carrier Safety comment period ended on January 10, comments received before the close of Administration (FMCSA), DOT. 2018, and two comments were received. FMCSA has evaluated the eligibility business on the closing date indicated ACTION: Notice of final disposition. in the dates section of the notice. of these applicants and determined that SUMMARY: FMCSA announces its granting the exemptions to these IV. Submitting Comments decision to exempt 16 individuals from individuals would achieve a level of You may submit your comments and the vision requirement in the Federal safety equivalent to or greater than the material online or by fax, mail, or hand Motor Carrier Safety Regulations level that would be achieved by delivery, but please use only one of (FMCSRs) to operate a commercial complying with the current regulation these means. FMCSA recommends that motor vehicle (CMV) in interstate 49 CFR 391.41(b)(10). you include your name and a mailing commerce. They are unable to meet the The physical qualification standard address, an email address, or a phone vision requirement in one eye for for drivers regarding vision found in 49 number in the body of your document various reasons. The exemptions enable CFR 391.41(b)(10) states that a person is so that FMCSA can contact you if there these individuals to operate CMVs in physically qualified to driver a CMV if are questions regarding your interstate commerce without meeting that person has distant visual acuity of submission. the vision requirement in one eye. at least 20/40 (Snellen) in each eye without corrective lenses or visual To submit your comment online, go to DATES: The exemptions were applicable acuity separately corrected to 20/40 http://www.regulations.gov and in the on January 11, 2018. The exemptions (Snellen) or better with corrective search box insert the docket number expire on January 11, 2020. lenses, distant binocular acuity of a least FMCSA–2018–0023 and click the search FOR FURTHER INFORMATION CONTACT: Ms. 20/40 (Snellen) in both eyes with or button. When the new screen appears, Christine A. Hydock, Chief, Medical without corrective lenses, field of vision click on the blue ‘‘Comment Now!’’ Programs Division, (202) 366–4001, of at least 70° in the horizontal meridian button on the right hand side of the [email protected], FMCSA, in each eye, and the ability to recognize page. On the new page, enter Department of Transportation, 1200 the colors of traffic signals and devices information required including the New Jersey Avenue SE, Room W64–224, showing red, green, and amber. specific section of this document to Washington, DC 20590–0001. Office which each comment applies, and hours are from 8:30 a.m. to 5 p.m., e.t., III. Discussion of Comments provide a reason for each suggestion or Monday through Friday, except Federal FMCSA received two comments in recommendation. If you submit your holidays. If you have questions this proceeding. Vicky Johnson stated comments by mail or hand delivery, regarding viewing or submitting Minnesota Driver and Vehicle Services submit them in an unbound format, no material to the docket, contact Docket (DVS) has no objections to Russell J. 1 larger than 8 ⁄2 by 11 inches, suitable for Services, telephone (202) 366–9826. Soland retaining his CDL with the copying and electronic filing. If you SUPPLEMENTARY INFORMATION: vision exemption. Amnot Naı¨ve submit comments by mail and would commented that Eric J. Anderson has I. Electronic Access like to know that they reached the only two years of experience driving facility, please enclose a stamped, self- You may see all the comments online straight trucks. Applicants are required addressed postcard or envelope. through the Federal Document to provide FMCSA proof of CMV We will consider all comments and Management System (FDMS) at http:// experience to meet exemption eligibility materials received during the comment www.regulations.gov. requirements. Mr. Anderson provided period. FMCSA may issue a final Docket: For access to the docket to the required documentation and determination at any time after the close read background documents or therefore is eligible to receive the of the comment period. comments, go to http:// exemption. www.regulations.gov and/or Room V. Viewing Comments and Documents W12–140 on the ground level of the IV. Basis for Exemption Determination To view comments, as well as any West Building, 1200 New Jersey Avenue Under 49 U.S.C. 31136(e) and 31315, documents mentioned in this preamble, SE, Washington, DC, between 9 a.m. and FMCSA may grant an exemption from go to http://www.regulations.gov and in 5 p.m., e.t., Monday through Friday, the vision standard in 49 CFR the search box insert the docket number except Federal holidays. 391.41(b)(10) if the exemption is likely FMCSA–2018–0023 and click ‘‘Search.’’ Privacy Act: In accordance with 5 to achieve an equivalent or greater level Next, click ‘‘Open Docket Folder’’ and U.S.C. 553(c), DOT solicits comments of safety than would be achieved

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15233

without the exemption. The exemption driver response just as intensely as Eric J. Andersen (CT) allows applicants to operate CMVs in interstate driving conditions. Mason M. Arends (CO) interstate commerce. The applicants in this notice have Darin P. Ball (NY) The Agency’s decision regarding these driven CMVs with their limited vision Freddie L. Boyd (MI) exemption applications is based on in careers ranging for 2 to 46 years. In Larry W. Buchanan, Jr. (NM) medical reports about the applicants’ the past three years, no drivers were Gerald R. Eister (NC) vision as well as their driving records involved in crashes, and one driver was Joseph A. Kennedy (ME) and experience driving with the vision convicted of moving violations in Kent E. Kirchner (IA) deficiency. The qualifications, CMVs. All the applicants achieved a Veronica D. Lowe (ID) experience, and medical condition of record of safety while driving with their Michael P. Meyer (WI) each applicant were stated and vision impairment, demonstrating the Christopher T. Peevyhouse (TN) discussed in detail in the December 11, likelihood that they have adapted their William L. Richardson, Jr. (IN) 2017, Federal Register notice (82 FR driving skills to accommodate their Russell J. Soland (MN) 58262) and will not be repeated in this condition. As the applicants’ ample William L. Sunkler (OR) notice. driving histories with their vision Brian J. Tegeler (IL) FMCSA recognizes that some drivers deficiencies are good predictors of William H. Wrice, Jr. (OH) do not meet the vision requirement but future performance, FMCSA concludes In accordance with 49 U.S.C. 31136(e) have adapted their driving to their ability to drive safely can be and 31315, each exemption will be valid accommodate their limitation and projected into the future. for two years from the effective date demonstrated their ability to drive Consequently, FMCSA finds that in unless revoked earlier by FMCSA. The safely. The 16 exemption applicants each case exempting these applicants exemption will be revoked if the listed in this notice are in this category. from the vision requirement in 49 CFR following occurs: (1) The person fails to They are unable to meet the vision 391.41(b)(10) is likely to achieve a level comply with the terms and conditions requirement in one eye for various of safety equal to that existing without of the exemption; (2) the exemption has reasons, including amblyopia, the exemption. resulted in a lower level of safety than chorioretinal scar, corneal scar, was maintained prior to being granted; keratoconus, macular edema, V. Conditions and Requirements or (3) continuation of the exemption nystagmus, optic atrophy, prosthetic The terms and conditions of the would not be consistent with the goals eye, retinal detachment, and retinal exemption are provided to the and objectives of 49 U.S.C. 31136 and scar. In most cases, their eye conditions applicants in the exemption document 31315. were not recently developed. Ten of the and includes the following: (1) Each applicants were either born with their driver must be physically examined Issued on: April 2, 2018. vision impairments or have had them every year (a) by an ophthalmologist or Larry W. Minor, since childhood. The six individuals optometrist who attests that the vision Associate Administrator for Policy. that sustained their vision conditions as in the better eye continues to meet the [FR Doc. 2018–07184 Filed 4–6–18; 8:45 am] adults have had it for a range of 4 to 18 standard in 49 CFR 391.41(b)(10) and (b) BILLING CODE 4910–EX–P years. Although each applicant has one by a certified Medical Examiner who eye which does not meet the vision attests that the individual is otherwise requirement in 49 CFR 391.41(b)(10), physically qualified under 49 CFR DEPARTMENT OF TRANSPORTATION each has at least 20/40 corrected vision 391.41; (2) each driver must provide a in the other eye, and in a doctor’s copy of the ophthalmologist’s or National Highway Traffic Safety opinion, has sufficient vision to perform optometrist’s report to the Medical Administration all the tasks necessary to operate a CMV. Examiner at the time of the annual [Docket No. NHTSA–2016–0124; Notice 3] Doctors’ opinions are supported by medical examination; and (3) each the applicants’ possession of a valid driver must provide a copy of the General Motors LLC, Receipt of Third license to operate a CMV. By meeting annual medical certification to the Petition for Inconsequentiality and State licensing requirements, the employer for retention in the driver’s Notice of Consolidation applicants demonstrated their ability to qualification file, or keep a copy in his/ operate a CMV, with their limited vision her driver’s qualification file if he/she is AGENCY: National Highway Traffic in intrastate commerce, even though self-employed. The driver must also Safety Administration (NHTSA), their vision disqualified them from have a copy of the exemption when Department of Transportation. driving in interstate commerce. We driving, for presentation to a duly ACTION: Notice of receipt of petition and believe that the applicants’ intrastate authorized Federal, State, or local decision denying request for deferral of driving experience and history provide enforcement official. determination. an adequate basis for predicting their ability to drive safely in interstate VI. Preemption SUMMARY: On January 2, 2018, TK commerce. Intrastate driving, like During the period the exemption is in Holdings Inc. (Takata) filed a defect interstate operations, involves effect, no State shall enforce any law or information report (DIR), in which it substantial driving on highways on the regulation that conflicts with this determined that a defect existed in interstate system and on other roads exemption with respect to a person certain passenger-side air bag inflators built to interstate standards. Moreover, operating under the exemption. that it manufactured, including driving in congested urban areas passenger inflators that it supplied to exposes the driver to more pedestrian VII. Conclusion General Motors, LLC (GM) for use in and vehicular traffic than exists on Based upon its evaluation of the 16 certain GMT900 vehicles. GM has interstate highways. Faster reaction to exemption applications, FMCSA petitioned the Agency for a decision traffic and traffic signals is generally exempts the following drivers from the that, because of differences in inflator required because distances between vision requirement, 49 CFR design and vehicle integration, the them are more compact. These 391.41(b)(10), subject to the equipment defect determined to exist by conditions tax visual capacity and requirements cited above: Takata is inconsequential as it relates to

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15234 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

motor vehicle safety in the GMT900 the Chief Counsel, NCC–100, National Federal Register on November 28, 2016, vehicles, and that GM should therefore Highway Traffic Safety Administration, the Agency published notice of the First be relieved of its notification and 1200 New Jersey Avenue SE, Petition and granted two administrative remedy obligations. This notice serves Washington, DC 20590 (telephone: (202) requests, accepting the petition out of to make the public aware of GM’s 366–5263). time and granting GM additional time to pending request to the agency and the For general information regarding provide data in support of the petition. period for public comment. It does not NHTSA’s investigation into Takata air See 81 FR 85681. address GM’s substantive claims, nor bag inflator ruptures and the related On January 3, 2017, Takata timely legal arguments or interpretations recalls: http://www.safercar.gov/rs/ submitted the second scheduled asserted by GM. takata/index.html. equipment DIRs for additional covered DATES: The closing date for comments is SUPPLEMENTAL INFORMATION: passenger inflators. See Recall Nos. May 9, 2018. I. Background 17E–001, 17E–002, and 17E–003. Again, ADDRESSES: Interested persons are the Takata filing triggered GM’s On May 4, 2016, NHTSA issued, and obligation to file a DIR for the affected invited to submit written data, views, Takata agreed to, an Amendment to the and arguments regarding this petition GM vehicles. See 49 CFR part 573; November 3, 2015 Consent Order (the Amendment at ¶ 16; Third Amendment for inconsequentiality. Comments must ‘‘Amendment’’), under which Takata is refer to the docket and notice number to Coordinated Remedy Order at ¶ 32. bound to declare a defect in all frontal GM ultimately submitted its DIRs on cited in the title of this notice and be driver and passenger air bag inflators submitted by one of the following January 10, 2017, and notified NTHSA that contain a phase-stabilized of its intention to file an methods: ammonium nitrate (PSAN)-based • Internet: Go to http:// inconsequentiality petition. See Recall propellant and do not contain a Nos. 17V–010, 17V–019, and 17V–021.1 www.regulations.gov and follow the moisture-absorbing desiccant. Such online instructions for submitting Contemporaneous with its DIRs, GM defect declarations are being made on a submitted to the Agency a Petition for comments. rolling basis, with the first declaration • Mail: Docket Management Facility, Inconsequentiality and Request for due May 16, 2016, the second Deferral of Determination Regarding M–30, U.S. Department of declaration due December 31, 2016, and Transportation, 1200 New Jersey Certain GMT900 Vehicles Equipped the third declaration due December 31, with Takata ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ Avenue SE, West Building, Room W12– 2017. See Amendment at ¶ 14. 140, Washington, DC 20590. Passenger Inflators Subject to January • Hand Delivery or Courier: U.S. GM’s May 2016 & January 2017 DIRs 2017 Takata Equipment DIR Filings (the Department of Transportation, 1200 Takata timely submitted the first ‘‘Second Petition for New Jersey Avenue SE, West Building, scheduled equipment DIRs on May 16, Inconsequentiality’’ or ‘‘Second Room W12–140, Washington, DC 20590 2016. See Recall Nos. 16E–042, 16E– Petition’’). between 9 a.m. and 5 p.m. Eastern Time, 043, and 16E–044. Those DIRs included On September 11, 2017, the Agency Monday through Friday, except Federal non-desiccated passenger inflators, published a notice of receipt of the holidays. designated as types SPI YP and PSPI–L Second Petition and, as GM’s Second • Facsimile: (202) 493–2251. YD, that were installed as original Petition was virtually identical to its You may call the Docket at (202) 366– equipment on certain motor vehicles First Petition (both involved the same 9324. manufactured by GM (the ‘‘covered covered passenger inflators and same Note that all comments received will passenger inflators’’), as well as other vehicle platform, relied upon the same be posted without change to http:// non-desiccated passenger inflators purported evidence, and would rely www.regulations.gov, including any installed as original equipment on upon the same forthcoming report), personal information provided. Thus, motor vehicles manufactured by a consolidated the Second Petition with submitting such information makes it number of other automakers, which are the First Petition under Docket No. public. You may wish to read the not at issue here. NHTSA–2016–0124. See 82 FR 42718. Privacy Act notice, which can be The Takata filing triggered GM’s GM’s January 9, 2018 DIRs viewed by clicking on the ‘‘Privacy and obligation to file a DIR for the affected 2 Security Notice’’ link in the footer of GM vehicles. See 49 CFR part 573; Takata timely submitted the third http://www.regulations.gov. DOT’s Amendment at ¶ 16; November 3, 2015 scheduled equipment DIRs on January complete Privacy Act Statement is Coordinated Remedy Order at ¶ 46. GM 2, 2018. Those DIRs included additional available for review in the Federal ultimately submitted two DIRs on May covered passenger inflators. Once more, Register published on April 11, 2000 27, 2016. See Recall Nos. 16V–381 (for the Takata filing triggered GM’s (65 FR 19477–78). vehicles in Zone A) and 16V–383 (for obligation to file a DIR for the affected The petition, supporting materials, vehicles in Zone B). On November 15, GM vehicles. See 49 CFR part 573; and all comments received before the 2016, GM petitioned the Agency, under Amendment at ¶ 16; Third Amendment close of business on the closing date 49 U.S.C. 30118(d), 30120(h) and 49 to Coordinated Remedy Order at ¶ 32. indicated above will be filed in the CFR part 556, for a decision that the GM submitted its DIRs on January 9, 3 docket and will be considered. equipment defect determined to exist by 2018. Therein, in accordance with 49 Comments and supporting materials Takata is inconsequential as it relates to CFR 573.6(c)(8)(iii), GM notified received after the closing date will also motor vehicle safety in the GMT900 be filed and will be considered to the 1 When a manufacturer files a petition for vehicles. See GM’s Petition for inconsequentiality, the affected DIR will not be extent possible. When the petition is Inconsequentiality and Request for made public unless and until the Agency denies the granted or denied, notice of the decision Deferral of Determination Regarding petition. will also be published in the Federal Certain GMT900 Vehicles Equipped 2 December 31, 2017 was a Sunday, and Monday, Register pursuant to the authority with Takata ‘‘SPI YP’’ and ‘‘PSPI–L YD’’ January 1, 2018 was a federal holiday. indicated at the end of this notice. 3 When a manufacturer files a petition for Passenger Inflators (the ‘‘First Petition inconsequentiality, the corresponding DIR will not FOR FURTHER INFORMATION CONTACT: For for Inconsequentiality’’ or ‘‘First be made public unless and until the Agency denies legal issues: Stephen Hench, Office of Petition’’). In a Notice published in the the petition.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15235

NHTSA of its intention to file a petition III. Summary of GM’s Third Petition for arguments or interpretations, asserted for inconsequentiality and Inconsequentiality by GM. contemporaneously submitted to the GM’s Third Petition relies on IV. Consolidation Agency a Petition for Inconsequentiality arguments, data, and analysis in its First GM’s Third Petition for Regarding Certain GMT900 Vehicles and Second Petitions (and supplemental Equipped with Takata ‘‘SPI YP’’ and Inconsequentiality involves newer brief thereto), information submitted to model years of the same covered ‘‘PSPI–L YD’’ Passenger Inflators the Agency during briefings with Subject to January 2018 Takata passenger inflators (i.e., frontal NHTSA, and additional arguments and passenger inflator types ‘‘SPI YP’’ and Equipment DIR Filings (the ‘‘Third engineering analysis as presented in the Petition for Inconsequentiality’’ or ‘‘PSPI-L YD’’), the same vehicle Third Petition. See Third Petition at 1, platform (i.e., the GMT900), and similar ‘‘Third Petition’’). GM’s Third Petition 3. According to the Third Petition, GM’s purported evidence to support the safety requested that NHTSA grant GM’s First, originally planned Orbital ATK of the inflators (e.g., estimated field Second and Third Petitions or, in the (‘‘OATK’’) inflator study is now deployments, ballistic testing), and alternative, that NHTSA defer its complete,4 which GM argues relies upon the same OATK study as decision on the First, Second, and Third demonstrates the covered passenger GM’s First and Second Petitions. Petitions until March 31, 2018, which inflators in subject GMT900 vehicles Accordingly, it is appropriate to would allow GM time to complete ‘‘will continue to operate safely for evaluate the First, Second, and Third further study and analysis. decades, even in the highest Petitions together. In the interest of II. Class of Motor Vehicles Involved temperature and humidity regions’’— clarity, consistency, and efficiency, the i.e., that the covered passenger inflators, Agency is consolidating the Third GM’s Third Petition involves certain as integrated into the GMT900 vehicles, Petition with the First and Second ‘‘GMT900’’ vehicles that contain the do not present an unreasonable risk to Petitions (the ‘‘Consolidated Petitions’’) covered passenger inflators (designated safety. See id. at 3. under Docket No. NHTSA–2016–0124. According to the Third Petition, GM’s as inflator types ‘‘SPI YP’’ and ‘‘PSPI-L V. Request To Defer Decision on position is based upon the following: YD’’). GMT900 is a GM-specific vehicle Petition platform that forms the structural field data, including GM’s estimated foundation for a variety of GM trucks 63,000 Takata passenger air bag inflator GM states it believes the evidence it and sport utility vehicles, including: deployments in GMT900 vehicles has thus far presented ‘‘fully supports’’ Chevrolet Silverado 1500, GMC Sierra without a reported rupture and ballistic the relief it requests in the Consolidated Petitions. Id. at 17. Alternatively, GM 1500, Chevrolet Silverado 2500/3500, tests of 4,205 covered passenger requests that NHTSA defer its decision GMC Sierra 2500/3500, Chevrolet inflators without a rupture or sign of until March 31, 2018 Id. According to Tahoe, Chevrolet Suburban, Chevrolet abnormal deployment, and results of the GM, this would allow it to conduct Avalanche, GMC Yukon, GMC Yukon OATK study of inflators artificially exposed to additional humidity and further studies and analysis that can XL, Cadillac Escalade, Cadillac Escalade develop an estimate of the covered ESV, and Cadillac Escalade EXT. The temperature cycling without a rupture or abnormal deployment, and inflators’ likely service life beyond 30 Third Petition involves the following years, as well as a predictive model of GMT900 vehicles: accompanying statistical interpretation of those results. Id. at 12–15. service-life estimates to account for • In Zone A, affected model year 2013 GM further states that the covered inflator design and vehicle integration. GMT900 vehicles. Zone A comprises the passenger inflators are not used by any See id. NHTSA’s grant of GM’s request to following states and U.S. territories: other original equipment manufacturer defer a decision on the First Petition Alabama, California, Florida, Georgia, and, further, that the covered inflators until August 31, 2017 so that GM could Hawaii, Louisiana, Mississippi, South have a number of unique design features provide additional evidence, including Carolina, Texas, Puerto Rico, American that influence burn rates and internal concluding the OATK study, was Samoa, Guam, the Northern Mariana ballistic dynamics, including greater unprecedented. As NHTSA noted in Islands (Saipan), and the U.S. Virgin vent-area-to-propellant-mass ratios, steel granting that request, ‘‘[o]rdinarily, Islands. See Amendment at ¶ 7.a. end caps, and thinner propellant wafers. under 49 CFR 556.4(b)(5), an • See id. at 6. In addition, GM states that In Zone B, affected model year 2010 inconsequentiality petition must set the physical environment of the GMT900 vehicles. Zone B comprises the forth all data, views, and arguments GMT900 vehicles better protects the following states: Arizona, Arkansas, supporting that petition’’ 5 at the time of Delaware, District of Columbia, Illinois, covered passenger inflators from the filing. Decision deferrals for Indiana, Kansas, Kentucky, Maryland, temperature cycling that can lead to inconsequentiality petitions are not Missouri, Nebraska, Nevada, New propellant degradation and, ultimately, permitted, and permitting that practice Jersey, New Mexico, North Carolina, inflator rupture. See id. at 7. would provide manufacturers with an Ohio, Oklahoma, Pennsylvania, This notice serves to make the public opportunity to endlessly delay remedy Tennessee, Virginia, and West Virginia. aware of GM’s pending request to the of vehicles in need of repair. Here, one See Amendment at ¶ 7.b. agency and the period for public important factor in NHTSA’s decision to • In Zone C, affected model year 2009 comment. Accordingly, it does not grant the deferral was GM’s assertion GMT900 vehicles. Zone C comprises the address the substantive claims, or legal that remedy parts would quickly be following states: Alaska, Colorado, available to the public in the event the Connecticut, Idaho, Iowa, Maine, 4 To supplement its internal analysis, GM petition was denied. NHTSA’s retained a third-party expert, OATK, to conduct a extraordinary grant of additional time to Massachusetts, Michigan, Minnesota, long-term aging study to estimate the service life Montana, New Hampshire, New York, expectancy of the covered passenger inflators in the present information allowed GM until North Dakota, Oregon, Rhode Island, GMT900 vehicles. See First Petition at 12. When South Dakota, Utah, Vermont, NHTSA previously deferred a decision on GM’s 5 General Motors LLC, Receipt of Petition for First Petition, one of the conditions of that deferral Inconsequentiality and Decision Granting Request Washington, Wisconsin, and Wyoming. was that GM provide NHTSA with monthly updates To File Out of Time and Request for Deferral of See Amendment at ¶ 7.c. on this study. Determination, 81 FR 85681, 85683–84.

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15236 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

August 31, 2017 to provide data, and SW 1st Avenue, Room 1014, Miami, FL Due to limited conference lines, that date has passed. However, 33130. Telephone (305) 982–5364 (not a notification of intent to participate must following notice and an opportunity for toll free number). be made with Rosalind Matherne. For comment, any decision on an SUPPLEMENTARY INFORMATION: Notice is more information please contact inconsequentiality petition can be hereby given pursuant to section Rosalind Matherne at 1–888–912–1227 reversed based on the presentation of 10(a)(2) of the Federal Advisory or 202–317–4115, or write TAP Office, new evidence. 49 CFR 556.8. Committee Act, 5 U.S.C. App., that a 1111 Constitution Ave. NW, Room 1509, Accordingly, GM’s request that NHTSA closed meeting of the Art Advisory Washington, DC 20224 or contact us at defer decision on the Third Petition Panel will be held at 290 Broadway, the website: http://www.improveirs.org. until March 31, 3017 is herein denied. New York, NY 10007. The agenda will include various IRS However, until NHTSA renders a The agenda will consist of the review issues. decision on GM’s Petitions, the Agency and evaluation of the acceptability of The committee will be discussing will continue to accept and, to the fair market value appraisals of works of Toll-free issues and public input is extent feasible, consider documents art involved in Federal income, estate, welcomed. submitted relevant to the Petitions, or gift tax returns. This will involve the Dated: April 3, 2018. which NHTSA will make available for discussion of material in individual tax public comment in Docket No. NHTSA– Otis Simpson, returns made confidential by the Acting Director, Taxpayer Advocacy Panel. 2016–0124. provisions of 26 U.S.C. 6103. Accordingly, NHTSA hereby gives A determination as required by [FR Doc. 2018–07172 Filed 4–6–18; 8:45 am] notice of its receipt of General Motors section 10(d) of the Federal Advisory BILLING CODE 4830–01–P LLC’s Petition for Inconsequentiality Committee Act has been made that this Regarding Certain GMT900 Vehicles meeting is concerned with matters listed DEPARTMENT OF THE TREASURY Equipped with Takata ‘‘SPI YP’’ and in sections 552b(c)(3), (4), (6), and (7), ‘‘PSPI-L YD’’ Passenger Inflators Subject of the Government in the Sunshine Act, Internal Revenue Service to January 2018 Takata Equipment DIR and that the meeting will not be open Filings. And it is hereby ordered that: to the public. Open Meeting of the Taxpayer 1. The period for public comment on Advocacy Panel Taxpayer Assistance GM’s Third Petition shall run from the Donna Hansberry, Center Improvements Project publication date of this notice through Chief, Appeals. Committee May 9, 2018; [FR Doc. 2018–07174 Filed 4–6–18; 8:45 am] 2. GM’s Third Petition is consolidated BILLING CODE 4830–01–P AGENCY: Internal Revenue Service (IRS), with the First and Second Petitions; and Treasury. 3. GM’s request for a deferral of ACTION: Notice of meeting. NHTSA’s decision on its First, Second, DEPARTMENT OF THE TREASURY and Third Petitions to March 31, 2018, SUMMARY: The Taxpayer Advocacy is denied. Internal Revenue Service Panel Taxpayer Assistance Center Authority: 49 U.S.C. 30101, et seq., 30118, Improvements Project Committee will 30120(h), 30162, 30166(b)(1), 30166(g)(1); Open Meeting of the Taxpayer conduct an open meeting and will delegation of authority at 49 CFR 1.95(a); 49 Advocacy Panel Toll-Free Phone Line solicit public comments, ideas, and CFR parts 556, 573, 577. Project Committee suggestions on improving customer Issued: April 3, 2018. AGENCY: Internal Revenue Service (IRS) service at the Internal Revenue Service. Jonathan C. Morrison, Treasury. DATES: The meeting will be held Chief Counsel. ACTION: Notice of meeting. Tuesday, May 15, 2018. [FR Doc. 2018–07188 Filed 4–6–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 4910–59–P SUMMARY: An open meeting of the Gilbert Martinez at 1–888–912–1227 or Taxpayer Advocacy Panel Toll-Free (737) 800–4060. Phone Line Project Committee will be SUPPLEMENTARY INFORMATION: Notice is conducted. The Taxpayer Advocacy DEPARTMENT OF THE TREASURY hereby given pursuant to Section Panel is soliciting public comments, 10(a)(2) of the Federal Advisory ideas, and suggestions on improving Internal Revenue Service Committee Act, 5 U.S.C. App. (1988) customer service at the Internal Revenue that a meeting of the Taxpayer Art Advisory Panel—Notice of Closed Service. Meeting Advocacy Panel Taxpayer Assistance DATES: The meeting will be held Center Improvements Project Committee AGENCY: Internal Revenue Service, Tuesday, May 8, 2018. will be held Tuesday, May 15, 2018, at Treasury. FOR FURTHER INFORMATION CONTACT: 4:00 p.m. Eastern Time. The public is ACTION: Notice of closed meeting of Art Rosalind Matherne at 1–888–912–1227 invited to make oral comments or Advisory Panel. or 202–317–4115. submit written statements for SUPPLEMENTARY INFORMATION: Notice is consideration. Due to limited SUMMARY: Closed meeting of the Art hereby given pursuant to Section conference lines, notification of intent Advisory Panel will be held in New 10(a)(2) of the Federal Advisory to participate must be made with Gilbert York, NY. Committee Act, 5 U.S.C. App. (1988) Martinez. For more information please DATES: The meeting will be held April that an open meeting of the Taxpayer contact Gilbert Martinez at 1–888–912– 19, 2018. Advocacy Panel Toll-Free Phone Line 1227 or (737) 800–4060, or write TAP ADDRESSES: The closed meeting of the Project Committee will be held Tuesday, Office 3651 S. IH–35, STOP 1005 AUSC, Art Advisory Panel will be held at 290 May 8, 2018, at 3:00 p.m. Eastern Time Austin, TX 78741, or post comments to Broadway, New York, NY 10007. via teleconference. The public is invited the website: http://www.improveirs.org. FOR FURTHER INFORMATION CONTACT: to make oral comments or submit The committee will be discussing Maricarmen Cuello, AP:SEPR:AAS, 51 written statements for consideration. various issues related to the Taxpayer

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices 15237

Assistance Centers and public input is DEPARTMENT OF THE TREASURY DATES: The meeting will be held welcomed. Wednesday, May 16, 2018. Internal Revenue Service Dated: April 3, 2018. FOR FURTHER INFORMATION CONTACT: Matthew O’Sullivan at 1–888–912–1227 Otis Simpson, Open Meeting of the Taxpayer or (510) 907–5274. Acting Director, Taxpayer Advocacy Panel Advocacy Panel Joint Committee . SUPPLEMENTARY INFORMATION: Notice is AGENCY [FR Doc. 2018–07168 Filed 4–6–18; 8:45 am] : Internal Revenue Service (IRS), hereby given pursuant to Section Treasury. BILLING CODE 4830–01–P 10(a)(2) of the Federal Advisory ACTION: Notice of meeting. Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer SUMMARY: An open meeting of the DEPARTMENT OF THE TREASURY Advocacy Panel Special Projects Taxpayer Advocacy Panel Joint Committee will be held Wednesday, Internal Revenue Service Committee will be conducted. The May 16, 2018, at 2:00 p.m. Eastern Time Taxpayer Advocacy Panel is soliciting via teleconference. The public is invited Open Meeting of the Taxpayer public comments, ideas, and to make oral comments or submit Advocacy Panel Taxpayer suggestions on improving customer written statements for consideration. Communications Project Committee service at the Internal Revenue Service. Due to limited conference lines, DATES: The meeting will be held notification of intent to participate must AGENCY: Internal Revenue Service (IRS) Wednesday, May 30, 2018. be made with Matthew O’Sullivan. For Treasury. FOR FURTHER INFORMATION CONTACT: Lisa more information please contact ACTION: Notice of meeting. Billups at 1–888–912–1227 or (214) Matthew O’Sullivan at 1–888–912–1227 413–6523. or (510) 907–5274, or write TAP Office, SUMMARY: An open meeting of the SUPPLEMENTARY INFORMATION: Notice is 1301 Clay Street, Oakland, CA 94612– Taxpayer Advocacy Panel Taxpayer hereby given pursuant to Section 5217 or contact us at the website: http:// Communications Project Committee will 10(a)(2) of the Federal Advisory www.improveirs.org. The agenda will be conducted. The Taxpayer Advocacy Committee Act, 5 U.S.C. App. (1988) include various IRS issues. Panel is soliciting public comments, that an open meeting of the Taxpayer The agenda will include a discussion ideas, and suggestions on improving Advocacy Panel Joint Committee will be on various special topics with IRS customer service at the Internal Revenue held Wednesday, May 30, 2018, at 1:00 processes. p.m. Eastern Time via teleconference. Service. Dated: April 3, 2018. The public is invited to make oral DATES: The meeting will be held Otis Simpson, Tuesday, May 15, 2018. comments or submit written statements for consideration. For more information Acting Director, Taxpayer Advocacy Panel. FOR FURTHER INFORMATION CONTACT: please contact Lisa Billups at 1–888– [FR Doc. 2018–07173 Filed 4–6–18; 8:45 am] Antoinette Ross at 1–888–912–1227 or 912–1227 or (214) 413–6523, or write BILLING CODE 4830–01–P (202) 317–4110. TAP Office 1114 Commerce Street, SUPPLEMENTARY INFORMATION: Dallas, TX 75242–1021, or post Notice is DEPARTMENT OF THE TREASURY hereby given pursuant to Section comments to the website: http:// www.improveirs.org. 10(a)(2) of the Federal Advisory Internal Revenue Service Committee Act, 5 U.S.C. App. (1988) The agenda will include various that an open meeting of the Taxpayer committee issues for submission to the Open Meeting of the Taxpayer Advocacy Panel Taxpayer IRS and other TAP related topics. Public Advocacy Panel Tax Forms and Communications Project Committee will input is welcomed. Publications Project Committee be held Tuesday, May 15, 2018, at 2:00 Dated: April 3, 2018. AGENCY: p.m. Eastern Time via teleconference. Otis Simpson, Internal Revenue Service (IRS), Treasury. The public is invited to make oral Acting Director, Taxpayer Advocacy Panel. ACTION: Notice of meeting. comments or submit written statements [FR Doc. 2018–07166 Filed 4–6–18; 8:45 am] for consideration. Due to limited BILLING CODE 4830–01–P SUMMARY: An open meeting of the conference lines, notification of intent Taxpayer Advocacy Panel Tax Forms to participate must be made with and Publications Project Committee will Antoinette Ross. For more information DEPARTMENT OF THE TREASURY be conducted. The Taxpayer Advocacy please contact: Antoinette Ross at 1– Internal Revenue Service Panel is soliciting public comments, 888–912–1227 or (202) 317–4110, or ideas and suggestions on improving write TAP Office, 1111 Constitution Open Meeting of the Taxpayer customer service at the Internal Revenue Avenue NW, Room 1509, National Service. Office, Washington, DC 20224, or Advocacy Panel Special Projects contact us at the website: http:// Committee DATES: The meeting will be held Wednesday, May 9, 2018. www.improveirs.org. AGENCY: Internal Revenue Service (IRS), FOR FURTHER INFORMATION CONTACT: The committee will be discussing Treasury. Robert Rosalia at 1–888–912–1227 or various issues related to Taxpayer ACTION: Notice of meeting. Communications and public input is (718) 834–2203. welcome. SUMMARY: An open meeting of the SUPPLEMENTARY INFORMATION: Notice is Taxpayer Advocacy Panel Special hereby given pursuant to section Dated: April 3, 2018. Projects Committee will be conducted. 10(a)(2) of the Federal Advisory Otis Simpson, The Taxpayer Advocacy Panel is Committee Act, 5 U.S.C. App. (1988) Acting Director, Taxpayer Advocacy Panel. soliciting public comments, ideas, and that an open meeting of the Taxpayer [FR Doc. 2018–07164 Filed 4–6–18; 8:45 am] suggestions on improving customer Advocacy Panel Tax Forms and BILLING CODE 4830–01–P service at the Internal Revenue Service. Publications Project Committee will be

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES 15238 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Notices

held Wednesday, May 9, 2018, at 2:00 include various IRS issues. Otis SUPPLEMENTARY INFORMATION: Under the p.m., Eastern Time via teleconference. Simpson. For more information please PRA of 1995, Federal agencies must The public is invited to make oral contact Otis Simpson at 1–888–912– obtain approval from the Office of comments or submit written statements 1227 or 202–317–3332, or write TAP Management and Budget (OMB) for each for consideration. Due to limited Office, 1111 Constitution Ave. NW, collection of information they conduct conference lines, notification of intent Room 1509, Washington, DC 20224 or or sponsor. This request for comment is to participate must be made with Robert contact us at the website: http:// being made pursuant to Section Rosalia. For more information please www.improveirs.org. The agenda will 3506(c)(2)(A) of the PRA. contact Robert Rosalia at 1–888–912– include various IRS issues. With respect to the following 1227 or (718) 834–2203, or write TAP The agenda will include a discussion collection of information, VBA invites Office, 2 Metrotech Center, 100 Myrtle on various letters, and other issues comments on: (1) Whether the proposed Avenue, Brooklyn, NY 11201 or contact related to written communications from collection of information is necessary us at the website: http:// the IRS. for the proper performance of VBA’s www.improveirs.org. The agenda will Dated: April 3, 2018. functions, including whether the include various IRS issues. Otis Simpson, information will have practical utility; Dated: April 3, 2018. Acting Director, Taxpayer Advocacy Panel. (2) the accuracy of VBA’s estimate of the Otis Simpson, [FR Doc. 2018–07163 Filed 4–6–18; 8:45 am] burden of the proposed collection of Acting Director, Taxpayer Advocacy Panel. BILLING CODE 4830–01–P information; (3) ways to enhance the [FR Doc. 2018–07170 Filed 4–6–18; 8:45 am] quality, utility, and clarity of the BILLING CODE 4830–01–P information to be collected; and (4) ways to minimize the burden of the DEPARTMENT OF VETERANS collection of information on DEPARTMENT OF THE TREASURY AFFAIRS respondents, including through the use of automated collection techniques or Internal Revenue Service [OMB Control No. 2900–0178] the use of other forms of information technology. Open Meeting of the Taxpayer Agency Information Collection Authority: 38 U.S.C. 3019. Advocacy Panel Notices and Activity: Monthly Certification of On- Correspondence Project Committee The-Job and Apprenticeship Training Title: Monthly Certification of On- The-Job and Apprenticeship Training. AGENCY: Internal Revenue Service (IRS), AGENCY: Veterans Benefits Treasury. Administration, Department of Veterans OMB Control Number: 2900–0178. ACTION: Notice of meeting. Affairs. Type of Review: Reinstatement of a ACTION: Notice. previously approved collection. SUMMARY: An open meeting of the Abstract: Claimants receiving On-the Taxpayer Advocacy Panel Notices and SUMMARY: The Veterans Benefits Correspondence Project Committee will Administration (VBA), Department of job and Apprenticeship training be conducted. The Taxpayer Advocacy Veterans Affairs (VA), is announcing an complete VA Form 22–6553d to report Panel is soliciting public comments, opportunity for public comment on the the number of hours worked. Schools or ideas, and suggestions on improving proposed collection of certain training establishments also complete customer service at the Internal Revenue information by the agency. Under the the form to report whether the Service. Paperwork Reduction Act (PRA) of claimant’s educational benefits are to be 1995, Federal agencies are required to continued, unchanged, or terminated DATES: The meeting will be held and the effective date of such action. VA Thursday, May 10, 2018. publish notice in the Federal Register concerning each proposed collection of Form 22–6553d–1 is an identical FOR FURTHER INFORMATION CONTACT: Otis information, including each proposed printed copy of VA Form 22–6553d. Simpson at 1–888–912–1227 or 202– Claimants use VA Form 22–6553d–1 317–3332. extension of a currently approved collection, and allow 60 days for public when the computer-generated version of SUPPLEMENTARY INFORMATION: Notice is comment in response to the notice. VA Form 22–6553d is not available. VA hereby given pursuant to Section uses the data collected to process a 10(a)(2) of the Federal Advisory DATES: Written comments and claimant’s educational benefit claim. Committee Act, 5 U.S.C. App. (1988) recommendations on the proposed collection of information should be Affected Public: Individuals or that a meeting of the Taxpayer households. Advocacy Panel Notices and received on or before June 8, 2018. Correspondence Project Committee will ADDRESSES: Submit written comments Estimated Annual Burden: 11,384 be held Thursday, May 10, 2018, at 1:00 on the collection of information through hours. p.m. Eastern Time via teleconference. Federal Docket Management System Estimated Average Burden per The public is invited to make oral (FDMS) at www.Regulations.gov or to Respondent: 10 minutes. comments or submit written statements Cynthia Harvey-Pryor, Department of Frequency of Response: Monthly. for consideration. Due to limited Veterans Affairs, 810 Vermont Avenue Estimated Number of Respondents: conference lines, notification of intent NW, Washington, DC 20420 or email to 68,301. to participate must be made with Otis [email protected]. Simpson. For more information please Please refer to ‘‘OMB Control No. By direction of the Secretary. contact Otis Simpson at 1–888–912– 2900–0178, in any correspondence. Cynthia Harvey-Pryor, 1227 or 202–317–3332, or write TAP During the comment period, comments Department Clearance Officer, Office of Office, 1111 Constitution Ave. NW, may be viewed online through FDMS. Quality and Compliance, Department of Room 1509, Washington, DC 20224 or FOR FURTHER INFORMATION CONTACT: Veterans Affairs. contact us at the website: http:// Cynthia Harvey-Pryor at (202) 461– [FR Doc. 2018–07140 Filed 4–6–18; 8:45 am] www.improveirs.org. The agenda will 5870. BILLING CODE 8320–01–P

VerDate Sep<11>2014 18:06 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00114 Fmt 4703 Sfmt 9990 E:\FR\FM\09APN1.SGM 09APN1 sradovich on DSK3GMQ082PROD with NOTICES Vol. 83 Monday, No. 68 April 9, 2018

Part II

Department of Commerce

National Oceanic and Atmospheric Administration 50 CFR Part 648 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Essential Fish Habitat; Final Rule

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15240 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

DEPARTMENT OF COMMERCE SUPPLEMENTARY INFORMATION: the societal net benefits from groundfish stocks. National Oceanic and Atmospheric Table of Contents The 14 objectives map to one or more Administration 1. General Background of the Amendment’s goals and provide 2. Essential Fish Habitat Designations more guidance on achieving each goal. 50 CFR Part 648 3. Habitat Areas of Particular Concern For example, the objectives include Designations identifying new data sources upon [Docket No. 160301163–8204–02] 4. Spatial Management for Adverse Effects Minimization which to base the EFH designations RIN 0648–BF82 5. Spawning Protection Measures (Objective A), developing analytical tools for EFH designation, minimization Magnuson-Stevens Fishery 6. Dedicated Habitat Research Areas 7. Framework Adjustments and Monitoring of adverse impacts, and monitoring the Conservation and Management Act 8. Description of Regulatory Changes effectiveness of measures (Objective D; Provisions; Fisheries of the 9. Changes From the Proposed Rule Goals 1, 3, and 5). Other objectives Northeastern United States; Essential 10. Comments and Responses include modifying fishing methods to Fish Habitat 1. General Background reduce impacts (Objective E; Goal 4), AGENCY: National Marine Fisheries supporting the restoration of degraded On January 3, 2018, NOAA’s National habitat (Objective F; Goal 4), improving Service (NMFS), National Oceanic and Marine Fisheries Service (NMFS), on Atmospheric Administration (NOAA), groundfish spawning protection, behalf of the Secretary of Commerce, including protection of localized Commerce. approved the majority of the New ACTION: Final rule. spawning contingents, and improving England Fishery Management Council’s protection of critical groundfish habitats recommendations for the Omnibus SUMMARY: This action implements (Goals 9 and 10). Please see Volume 1, approved regulations for the New Essential Fish Habitat Amendment 2 Section 3 of the EIS for more details on England Fishery Management Council’s (OHA2). This action implements the the goals and objectives of this Omnibus Essential Fish Habitat approved management measures in Amendment. Amendment 2. This rule revises OHA2. NMFS approved all of the 2. Essential Fish Habitat Designations essential fish habitat and habitat area of updated essential fish habitat particular concern designations, revises designations (EFH), all of the The Magnuson-Stevens Act defines or creates habitat management areas, recommended habitat area of particular EFH as ‘‘those waters and substrate including gear restrictions, to protect concern (HAPC) designations, and the necessary to fish for spawning, vulnerable habitat from fishing gear majority of the habitat management area breeding, feeding, or growth to impacts, establishes dedicated habitat (HMA) recommendations, all of the maturity.’’ The EFH regulations (50 CFR research areas, and implements several Dedicated Habitat Research Area part 600, subpart J) require councils to administrative measures related to (DHRA) recommendations, all of the describe and identify EFH in text that reviewing these measures, as well as seasonal spawning area clearly states the habitats or habitat other regulatory adjustments to recommendations, and both of the types determined to be EFH for each life implement these measures. This action framework and administrative stage of a managed species and in maps is necessary to comply with the recommendations. Two Council that display the geographic locations of requirements of the Magnuson-Stevens recommendations were disapproved: (1) EFH or within which EFH for each Fishery Conservation and Management Establishment of The Cox Ledge HMA, species and life stage is found. Further, Act to periodically review essential fish which would prohibit hydraulic clam FMPs should explain the physical, habitat designations and protections. dredges and ground cables on trawl biological, and chemical characteristics The measures are designed to minimize vessels; and (2) changes to the eastern of EFH and, if known, how these to the extent practicable the adverse Georges Bank Areas, as described in characteristics influence the use of EFH effects of fishing on essential fish more detail below. for the species/life stage. The EFH habitat. OHA2 was initiated in 2004 to review regulations state that councils should and update the EFH components of all periodically review the EFH provisions DATES: Effective April 9, 2018. the New England Fishery Management of FMPs and revise or amend as ADDRESSES: Copies of the Omnibus Council’s fishery management plans warranted, based on available Essential Fish Habitat Amendment 2, (FMP). The Council established 10 goals information, and that a complete review including the Environmental Impact and 14 objectives to guide the of all EFH information should be Statement, the Regulatory Impact development of this action. Goals 1–8 conducted at least once every five years. Review, and the Initial Regulatory were established in 2004 at the onset of A full description of the approved Flexibility Analysis (EIS/RIR/IRFA) the Amendment’s development and EFH designations, including maps and prepared by the New England Fishery focus on identification of EFH; fishing text designations, can be found in Management Council in support of this and non-fishing activities that may Volume 2 of the EIS. In addition, a action are available from Thomas A. adversely affect EFH; and the thorough discussion of the data sources Nies, Executive Director, New England development of measures and and methods used to assemble the Fishery Management Council, 50 Water management programs to conserve, designations is provided in Appendix A Street, Mill 2, Newburyport, MA 01950. protect, and enhance EFH and to to the EIS. Another appendix (Appendix The supporting documents are also minimize to the extent practicable the B) includes supplementary EFH accessible via the internet at: http:// adverse effects of fishing on EFH. The information (e.g., prey species, www.nefmc.org/library/omnibus- additional goals (9 and 10) were temperature, and salinity preferences) habitat-amendment-2 or http:// developed after the Council voted to for each species and life stage not www.greateratlantic.fisheries.noaa.gov. incorporate revisions to the groundfish included in the EFH text descriptions in FOR FURTHER INFORMATION CONTACT: closures in the Amendment. These goals Volume 2 that may be considered when Moira Kelly, Senior Fishery Program are focused on enhancing groundfish the potential effects of any fishing or Specialist, phone: 978–281–9218, productivity, including protection of non-fishing activity that could adversely [email protected]. spawning groundfish, and maximizing affect EFH are evaluated. All of the

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15241

Council’s recommendations for EFH rationale is also provided in Volume 2, • Establish the Fippennies Ledge designations are approved. Section 3 of the EIS. HMA, closed to mobile bottom-tending As described in the EIS, the HAPCs gear; 3. Habitat Area of Particular Concern • Maintain the Western Gulf of Maine Designations are non-regulatory designations. The designations are intended to provide for Habitat Closure Area, closed to mobile Habitat Areas of Particular Concern increased attention when habitat bottom-tending gear; • (HAPC) highlight specific types or areas protection measures are considered. Modify the Western Gulf of Maine of habitat within EFH that are HAPCs that are particularly vulnerable Groundfish Closure Area to align with particularly vulnerable to human to the potential impacts from fishing the Western Gulf of Maine Habitat impacts. Evaluations of such areas warrant special attention when Closure Area, with current restrictions should give special attention to adverse and exemptions; determining appropriate management • effects, including any HAPCs designated measures to minimize, compensate, or Exempt shrimp trawling from the that are particularly vulnerable to avoid those impacts. designated portion of the northwest fishing activity. An HAPC designation corner of the Western Gulf of Maine alone does not provide any specific 4. Spatial Management for Adverse Closure Areas; habitat management measures, such as Effects Minimization • Add the Gulf of Maine Roller Gear restriction as a habitat protection gear restrictions, and no new measures The Magnuson-Stevens Act requires measure; are implemented as part of the HAPC that fishery management plans evaluate • Remove the Closed Area I Habitat designations in this amendment. and minimize, to the extent practicable, and Groundfish Closure Area Management measures are discussed the adverse effects of fishing on EFH. designations; under ‘‘Spatial Management for Adverse The evaluation should consider the • Remove the Nantucket Lightship Effects Minimization,’’ below. effects of each fishing activity on each Habitat and Groundfish Closure Area HAPC designations are based on one type of habitat found within EFH. designations; and or more of the following criteria: (1) The Councils must prevent, mitigate, or • importance of the ecological function Establish the Great South Channel minimize any adverse effects from HMA, closed to mobile bottom-tending provided by the habitat, including both fishing on EFH if there is evidence that the historical and current ecological gear throughout and clam dredge gear in a fishing activity adversely affects EFH the defined northeast section. Clam function; (2) the extent to which the in a manner that is more than minimal habitat is sensitive to human-induced dredge gear would be permitted and not temporary in nature. Councils throughout the rest of the HMA for 1 environmental degradation; (3) whether, should consider the nature and extent of and to what extent, development year while the Council considers any adverse effects along with the long- restrictions that are more refined. activities are, or will be, stressing the and short-term costs and benefits of the habitat type; and (4) the rarity of the management measures to EFH, Disapproved Habitat Management habitat type (50 CFR 600.815(a)(8)). The associated fisheries, and the nation. A Measures Council solicited and considered HAPC thorough description of the approach The following recommendations were proposals from the public and added the Council took to achieve this disapproved. Further rationale for selection criteria, including whether the requirement is provided in the proposed disapproving these recommendations is designation would improve fisheries rule for this action and is not repeated included below in the ‘‘Georges Bank’’ management in the U.S. Exclusive here. and ‘‘Southern New England/Great Economic Zone (EEZ); whether it The approved and disapproved South Channel’’ sections. included EFH for more than one measures and a brief description of the • The Cox Ledge HMA, which would Council-managed species or specifically rationale for the decision are included have been closed to hydraulic clam for juvenile cod; and whether it met below. A thorough discussion of the dredges and prohibiting ground cables more than one of the regulatory HAPC other alternatives considered and the of trawl vessels; criteria listed above. Discussion of the potential impacts, including economic • Removal of the Closed Area II areas considered and the degree to impacts, from those alternatives are Habitat and Groundfish Closure Areas; which they satisfied the eight criteria included in Volumes 3, 4, and 5 of the • The Northern Edge Reduced Impact can be found in Volume 2 of the EIS. EIS. Coordinates and maps of all areas HMA, which would have been closed to This action approves all of the can be found in Volume 3 of the EIS. mobile bottom-tending gears except Council’s recommendations for HAPC, groundfish vessels west of 67° 20′ W Approved Habitat Management including the current Atlantic Salmon Longitude and scallop vessels fishing in Measures HAPC and the Northern Edge Juvenile a scallop rotational program; Cod HAPC. In addition, the action • Establish the (Small) Eastern Maine • The Northern Edge Mobile Bottom- approves the following areas as new Habitat Management Area (HMA), Tending Gear HMA, which would have HAPCs: Inshore Juvenile Cod HAPC; closed to mobile bottom-tending gear; been closed to mobile bottom-tending Great South Channel Juvenile Cod • Maintain Cashes Ledge gear; and HAPC; Cashes Ledge HAPC; Jeffreys • (Groundfish) Closure Area, with current The Georges Shoal HMA, which Ledge/Stellwagen Bank HAPC; Bear and restrictions and exemptions; would have been closed to mobile Retriever Seamount HAPC; and 11 bottom-tending gear, except hydraulic • Modify the Cashes Ledge Habitat canyon/canyon complexes. Maps and clam dredges that would have been Closure Area, closed to mobile bottom- coordinates for the HAPC designations exempted for 1 year. can be found in Volume 2 of the EIS. A tending gear; summary of the rationale for each • Modify the Jeffreys Ledge Habitat Eastern Gulf of Maine designation (or set of designations) was Closure Area, closed to mobile bottom- In the Eastern Gulf of Maine, this provided in the proposed rule for this tending gear; action establishes the Small Eastern action (82 FR 51492; November 6, 2017) • Establish the Ammen Rock HMA, Maine HMA, closed to all mobile and further rationale is not repeated closed to all fishing, except lobster bottom-tending gears. (Note, the here. Detailed discussion of the traps; regulations refer to this area as simply

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15242 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

the ‘‘Eastern Maine HMA.’’) This Area that would be protected by closed to mobile bottom-tending gear, measure is designed to protect habitats maintaining the existing groundfish with two exceptions described below; of similar species as the larger area that closure. However, should the Cashes and (3) the Northern Edge Mobile was considered, but with fewer Ledge Groundfish Closure Area be Bottom-Tending Gear HMA, closed to economic impacts on the fishing modified or removed at some point in mobile bottom-tending gear without any industry. Its protection of vulnerable the future when groundfish stocks have exceptions. Exemptions to the Reduced habitats and designated EFH coverage recovered and the closure is no longer Impact HMA would have allowed ranks towards the middle of the areas required, Fippennies Ledge still scallop dredge fishing under the scallop considered for this sub-region. Because warrants protection from the adverse rotational area program, and trawl there is currently no habitat effects of mobile bottom-tending gear. In fishing to the west of the existing management area in the eastern Gulf of terms of habitat protection and benefits western boundary of Closed Area II (67° Maine, implementing a mobile bottom- to groundfish resources, the approved 20′ W long.), in what is now the Eastern tending gear closure in any area measures are high relative to other Georges Bank Special Access Program. represents an improvement in alternatives in this sub-region and the In addition, any portions of the Closed groundfish habitat protection in this economic impacts are slightly more Area II groundfish closed area north of sub-region. However, bottom trawls and positive than the current measures. 41° 30′ N lat. would have been closed dredges are used sparingly in any of the to scallop fishing between June 15 and Western Gulf of Maine areas that the Council considered and October 31 of each year. Volume 3 of the lobster traps are not subject to any of the In the Western Gulf of Maine, this EIS describes the Council’s rationale in regulations in this amendment. action maintains the existing Western detail. Therefore, no short-term reductions in Gulf of Maine Habitat Closure Area, We approved a portion of this the adverse impacts of fishing in this closed to mobile bottom-tending gears, recommendation. The Council sub-region are expected. Overall, the and modifies the eastern boundary of considered Closed Areas I and II in the area provides potential long-term the Western Gulf of Maine [Groundfish] same sub-region and included habitat protection benefits with minimal Closure Area to align with the habitat recommendations in the same costs to the fishing industry. closure area, while maintaining the alternative. However, the two closed current fishing restrictions and areas are substantially distinct in their Central Gulf of Maine requirements. This rule also creates an scope, nature, and impacts, and; In the Central Gulf of Maine, this rule exemption area within the northwest therefore, changes to either area may be maintains the existing Cashes Ledge corner of those closures for shrimp assessed independently. Whether the Groundfish Closure Area and modifies trawls and designates the existing Roller HMAs recommended by the Council the existing Jeffreys Bank and Cashes Gear Restricted Area requirements as a meet the goals and objectives of the Ledge Habitat Closure Areas, with their habitat protection measure. Amendment and Magnuson-Stevens Act current fishing restrictions and The EIS describes the Council’s requirements may also be assessed exemptions; establishes the Fippennies rationale for these areas in detail. In independently. The Closed Area I Ledge HMA, closed to mobile bottom- summary, these areas were selected to Groundfish Closure, which tending gears; and establishes the maintain decades’ worth of protections encompasses the Closed Area I North Ammen Rock HMA, closed to all fishing in this region, while modestly and South Habitat Closures, and a except lobster traps. increasing fishing access to the eastern central portion that has long been part This combination of measures is edge of the area. The shrimp exemption of the scallop access area program, is appropriate for this region. Maintaining was designed to minimize the economic generally less vulnerable to the adverse the existing Cashes Ledge Groundfish impact on a fleet whose gear has effects of fishing than areas of Georges Closure Area supports the goals and minimal habitat impact. The roller gear Bank to the north and east. This action objectives of improving groundfish restriction has been required for several establishes the Closed Area I South productivity, with no additional years and was originally implemented Habitat Closure as a DHRA (see # 6 economic burdens on the industry. through Framework Adjustment 27 to below), which will be closed to mobile Maintaining this closure will also the Northeast Multispecies Fishery bottom-tending gears for at least 3 years ensure that a more diverse array of Management Plan to minimize cod and could be opened after a review of bottom habitats that support a greater mortality by preventing trawl gear from the research activities in the area. variety of species remain protected from fishing over rocky substrate. As such, it Closed Area I North Habitat Closure fishing impacts. has been a de facto habitat protection becomes a seasonal closure from The other actions in this sub-region measure and the Council wanted to note February 1 to April 15, closed to are modifications to the existing Cashes it formally as such. commercial and recreational gears Ledge and Jeffreys Bank habitat These measures are expected to have capable of catching groundfish except closures. These modifications were the same level of positive impacts on scallop dredges. (See #5 below.) The designed to more closely align with the habitat and groundfish resources as the removal of the Closed Area I location of the shallower, hard-bottom existing closures, with the same designations and proposed new habitats and to increase fishery access to economic benefits. designations do not compromise the the deeper, less vulnerable mud and ability of the Council’s FMPs to comply Georges Bank sand habitats that surround the ledges. with the EFH requirements of the Ammen Rock on top of Cashes Ledge is On Georges Bank, the Council Magnuson-Stevens Act. a unique feature within the Gulf of recommended removing the year-round The changes the Council proposed Maine and features kelp forest habitat and habitat closures of Closed Areas I would have opened an area that has that would benefit from enhanced and II and replacing them with three been closed to mobile bottom-tending protection, which is why there are new areas: (1) The Georges Shoal 2 fishing gear for over 20 years. This additional management restrictions in HMA, closed to mobile bottom-tending would have allowed rotational scallop that area. Fippennies Ledge is an gear, with a 1-year delay in closure to dredge fishing along the northern edge additional hard bottom feature within hydraulic clam dredges; (2) the of Georges Bank. A portion of the the Cashes Ledge Groundfish Closure Northern Edge Reduced Impact HMA, Northern Edge Reduced Impact HMA

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15243

that would have been opened to areas considered across all sub-regions, EFH regulations (67 FR 2343; January rotational limited access scallop the Georges Shoal HMA ranks between 17, 2002) notes, ‘‘. . . designation of dredging as part of the Council’s 36th and 47th, depending on the HAPCs is a valuable way to highlight preferred alternative includes the measure; in contrast, the Closed Area II priority areas within EFH for northern portion of an area designated EFH area ranks between 8th and 27th in conservation and management . . . as a Habitat Area of Particular Concern the same analysis. Among the 16 Proposed fishing activities that might in 1998 and that is reaffirmed in this alternatives considered for the Georges threaten HAPCs may likewise receive a amendment due to the ecological Bank sub-region, the Georges Shoal higher level of scrutiny.’’ This guidance importance and vulnerability of the area HMA is the sixth largest, but last or suggests that councils should prioritize for juvenile cod. almost last in each of the EFH overlap the protection of HAPCs where fishing The Council’s recommended areas on scores. The Georges Shoal HMA is is a primary or significant threat to the Georges Bank do not sufficiently sandier and more shallow, and, habitat. address the impact of limited access therefore, less vulnerable to fishing The Council’s recommendations in scallop dredging on the highly impacts, than Closed Area II, making it this Amendment would have opened vulnerable habitat within the Closed a much less efficient closure. The the most vulnerable portions of the Area II Habitat Closure Area. Overall, Northern Edge Mobile Bottom-Tending HAPC without closing other comparable the changes the Council recommended Gear HMA that had been proposed habitat. The Council did not adequately to Closed Area II and eastern Georges ranks in the lower half of almost every explain its reasons for concluding that Bank are inconsistent with the metric as well (from 7–12 out of 16), this HAPC should be opened to fishing Amendment’s goals and objectives of despite being a similar size to the or how the other areas adequately improving juvenile groundfish habitat existing Closed Area II EFH closure. The mitigated or compensated for the protection and the requirements of the Northern Edge Reduced Impact HMA impacts of fishing in this area. The Magnuson-Stevens Act to minimize the that had been proposed, where scallop Council’s recommendation to allow adverse effects of fishing to the extent fishing would have been allowed on a even rotational fishing in this sensitive practicable. Furthermore, the Closed rotational basis, represents the most habitat is inconsistent with its own Area II Habitat Closure Area has the complex habitat and ranks in the upper rationale for the designation that the same footprint as the Northern Edge half of each EFH metric (3–7 out of 16), habitat in this area warrants particular Juvenile Cod HAPC. The area has been despite its much smaller size. concern and consideration. The Council closed to mobile bottom-tending gear Removing protections from, and also did not explain the conditions for since 1995 and designated as an HAPC allowing scallop dredging in, the most allowing fishing in this area that would since 1998. The Council reaffirmed that vulnerable portion of Closed Area II sufficiently minimize adverse effects. designation in this Amendment, but the compromises the ability of the Council’s For these reasons, we disapproved the recommendation the Council had made FMPs to continue to meet the recommendations to remove the Closed does not avoid, minimize, or requirements of the Magnuson-Stevens Area II Habitat and Groundfish Closure compensate for the adverse effects of Act to minimize to the extent Areas and replace them with the areas this action on this HAPC. practicable the adverse effects of fishing described above. Based on the factors analyzed in the on EFH throughout the region and While disapproving the Council’s Amendment, the quality of the habitat prevents the Council from achieving recommendation for eastern Georges in the current Closed Area II Habitat this action’s goals and objectives. The Bank will continue to result in lost Closure Area is considered much higher potential benefits to habitat from the opportunity costs for the scallop than the habitat in the proposed Georges areas the Council had proposed to close industry, approved changes to current Shoal HMA and higher than in the do not outweigh the potential adverse area closures will provide substantial proposed Northern Edge Mobile Bottom- effects on highly valuable EFH and new economic opportunity for the Tending Gear Closure Area. The vulnerable groundfish stocks that would scallop fishery. The Council currently Council’s EIS supporting the result from opening the Closed Area II estimates that access into the Closed Amendment describes the size, habitat Habitat Closure Area to limited access Area I and Nantucket Lightship areas content (sand/mud vs. gravel, cobble, scallop dredging. that were previously closed could boulder), and the results of an EFH In addition to the quality and increase scallop revenue by $140-$160 overlap analysis, allowing us to importance of the habitat on eastern million in the next year (based on compare the relative EFH ‘‘value’’ across Georges Bank, the Closed Area II Habitat preliminary information in Scallop areas. The EFH overlap analyses were Closure Area is also the Northern Edge Framework Adjustment 29). The done to show the extent to which the Juvenile Cod HAPC. As noted above, the Council may choose to revisit habitat EFH designations for individual Council initially made this designation management on eastern Georges Bank in managed species overlap within each in 1998 and reaffirmed the importance a subsequent action that could address habitat management area the Council of the area in this Amendment. One of the reasons for disapproval. considered. This type of analysis favors the four considerations for HAPC larger areas and was done using several designation is sensitivity to Great South Channel/Southern New categories, as follows: Total number of anthropogenic stress. The Council England EFH designations; EFH for overfished concluded that there are ‘‘no known This rule establishes the Great South species; EFH for species/life stages with anthropogenic threats to this area Channel HMA. The northeast corner of a known affinity for complex substrate; beyond those associated with fishing the HMA (12.5 percent of the area) will juvenile hotspots; and the count of activity.’’ While there are no fishery be closed to all mobile bottom-tending unique species and designations. restrictions associated with HAPC gears. The effective date of the closure The proposed Georges Shoal HMA designations themselves, the will be delayed by 1 year for hydraulic ranks at or near the bottom of the designation should result in the Council clam dredges throughout the remainder analysis in almost every measure of EFH taking a more precautionary approach to of the area. The Council considered the coverage, despite its much larger size, management of those areas, particularly unique fishing practices in the surfclam meaning far fewer managed species and when the only noted human-induced fishery. Based on this information, the life stages utilize this area. Of the 49 stress is fishing. The final rule for the Council is working to identify sub-areas

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15244 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

that are less vulnerable to clam gear to This action also establishes two same exemptions as the existing Gulf of determine whether some amount of HAPCs in this sub-region. The Inshore Maine Cod Spawning Protection Area clam fishing may continue in a manner Juvenile Cod HAPC includes waters off (i.e., Whaleback). These exemptions that sufficiently minimizes impacts to the Massachusetts coast to 20 m deep, include vessels fishing in state waters vulnerable substrate. The Council and overlaps slightly with the that do not have a Federal Northeast recommended establishing two small Nantucket Shoals and Nantucket Shoals multispecies permit; vessels fishing HMAs on Cox Ledge, closed to West HMAs. The Great South Channel with exempted gears; charter/party and hydraulic clam dredges, and prohibiting Juvenile Cod HAPC includes additional private recreational vessels, provided ground cables on trawls fishing in the waters north and east of the HMAs to a they are fishing with pelagic hook and areas; however, that recommendation depth of 120 m and partially overlaps line gear and there is no retention of was disapproved. The Nantucket the Great South Channel HMA in this regulated groundfish or ocean pout; and Lightship Habitat Closure Area and the sub-region. No management measures vessels that are transiting. In addition, a Nantucket Lightship Closed Area are were applied specifically to these areas; 2-week closure (April 15–April 30) removed by this action. however, they are designated as HAPCs within statistical area 125, referred to as Throughout the development of the primarily because they are vulnerable to the Spring Massachusetts Bay Spawning action, the Council’s technical team adverse anthropogenic impacts from Protection Area, is established. This expressed concern that the ground cable non-fishing activities. area will be closed to all vessels, except: restriction measures would not Results of the habitat impact analyses Vessels fishing in state waters that do minimize the habitat impacts of fishing. in the EIS indicated that the approved not have a Federal Northeast NMFS reiterated these concerns several measures are expected to have positive multispecies permit; vessels fishing times throughout the development of habitat impacts compared to leaving the with exempted gears; vessels in the mid- OHA2 management measures. Ground habitat and groundfish closures in the water trawl and purse seine exempted cables account for a significant portion Nantucket Lightship area in place, even fisheries; scallop vessels fishing with of a bottom trawl’s seabed impact. with the 1-year delay in closure for clam dredges on a scallop day-at-sea; vessels However, the sediment clouds they dredges in most of the area. Impacts to fishing in the scallop dredge exemption create ‘‘herd’’ fish toward the opening of groundfish resources will be area; and charter, party, and recreational the net. The gear modifications that had approximately the same for both the fishing vessels. been proposed would have reduced the existing and new measures. The new effectiveness of the gear and, in all measures will have a slightly negative Georges Bank likelihood, cause vessels to fish longer economic impact on the groundfish Because the Council’s in order to compensate for reduced fishery; approximately 1 percent of the recommendation to remove the Closed catch rates. No studies of the trade-offs total groundfish revenue from the Area II Groundfish Closure Area in between reduced impacts of ground statistical areas covered by the closure Georges Bank was disapproved, the cable removal and the duration or are expected to be impacted by this current year-round restrictions and frequency of bottom trawl tows were measure. A highly negative economic exemptions remain in effect. Should the cited in the EIS for OHA2. As a result, impact on the clam fishery after the 1- Council revisit habitat management on we disapproved this recommendation. year delay expires would be expected, Georges Bank, and recommend the The approved recommendation of the before more discrete exemption areas removal of the Closed Area II closure Great South Channel HMA is a are approved and implemented. areas, a seasonal restriction would be in compromise between the larger Great place for Closed Area II Groundfish South Channel East HMA (identified in 5. Groundfish Spawning Measures Closure Area and the Closed Area I the EIS as Alternative 3), located further The Council has considered how to North Habitat Closed Area from to the east, and the slightly smaller most effectively manage fishing during February 1–April 15. During the closure Nantucket Shoals HMA (identified in the spawning periods of key fish in season, the areas will be closed to all the EIS as Alternative 5), located further several actions. During the development commercial and recreational vessels, to the west, closer to Nantucket Island. of this Amendment, the Council except those that are transiting, fishing Bottom habitats in these areas are a recommended, and NMFS with exempted gears, participating in mixture of less stable sand and more implemented, several modifications to the mid-water trawl exempted fishery, stable gravel, cobble, and boulder spawning protections for cod and other and fishing with scallop dredges, unless substrates and support fisheries for groundfish through Framework otherwise prohibited elsewhere. groundfish, clams, and scallops. The Adjustments 45 and 53. Because these This action removes the May Georges two most significant fisheries in the area measures were implemented prior to the Bank Spawning Closure. Sector vessels are for surfclams and scallops. Scallop completion of OHA2, there was much are exempted from this seasonal closure, dredging is almost entirely restricted to debate over what should be done in this rendering it virtually non-existent. deeper water along the western side of action. Ultimately, the Council Removing the closure should minimally the Great South Channel and to an area recommended, and this action reduce the administrative burden for east of Cape Cod. Clam dredging occurs implements, a few minor additional sectors, as they will no longer have to in a large area of mixed bottom types in protections to what is required request this exemption. shallower water to the west. While the currently. Council recognized the likelihood of 6. Dedicated Habitat Research Areas negative economic impacts of these Gulf of Maine In order to highlight research needs, alternatives on the clam fishery, they In the Gulf of Maine, this action particularly relating to evaluating the were also concerned about the negative establishes two new, relatively small, assumptions of the Swept Area Seabed effects of hydraulic dredges on complex cod spawning protections. They include Impact (SASI) model that the Council habitats occurring in the region. The the Winter Massachusetts Bay Spawning used as the basis for HMA development, discussion and development of more Closure, which will be in effect from this rule establishes two Dedicated discrete exemption areas is currently November 1–January 31 of each year. Habitat Research Areas (DHRA), which occurring in a separate framework During the closure, the area will be will be in effect for 3 years, at which adjustment action. closed to all fishing vessels, with the time the Regional Administrator will

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15245

consult with the Council as to whether (§ 648.61) to ensure that the restrictions necessary and appropriate when the designation should be retained. The on scallop fishing remain in place until supported by the best available science. Council developed a series of questions a subsequent scallop action can modify We are approving all of the Council’s to assist in this future discussion that them. The decisions related to scallop recommendations for these include consideration of where in the fishing year 2018 access are being designations, including the Atlantic research development process an implemented via Framework Salmon and Inshore Juvenile Cod activity is, how well it aligns with the Adjustment 29 to the Atlantic Scallop HAPCs. We disagree that the 20-meter Council’s stated habitat research FMP. The regulations also update cross- depth limit for the Inshore Juvenile Cod priorities, and what role the DHRA references and definitions as needed. HAPC is overly broad. It was based on designation plays in the research. The Council deemed the regulations as the best scientific information available This action establishes the Georges necessary and appropriate, as required that indicates a broader depth range Bank DHRA (footprint is the same as the in the Magnuson-Stevens Act, on March occupied by young-of-year and 1-year- existing Closed Area I South Habitat 28, 2017. old cod. Closure) and the Stellwagen DHRA Comment 2: The U.S. Army Corps of (footprint within the existing Western 9. Changes From the Proposed Rule Engineers submitted a comment Gulf of Maine Habitat Closure). The As described above, the differences regarding the winter flounder EFH Georges Bank DHRA is closed to all from the proposed rule relate to the designation that the Council and mobile bottom-tending gear. The recommended measures that were NOAA/NMFS consult with them to Stellwagen DHRA is closed to all disapproved by NMFS. Closed Area II better inform EFH conservation commercial mobile bottom-tending gear, Habitat Closure regulations will be recommendations. They are concerned commercial sink gillnet gear, and reassigned to the new habitat about re-suspended sediments in or near commercial demersal longline gear. management section in Subpart Q, designated habitat, and its effect on Maps and coordinates of the approved while the Closed Area II Groundfish Atlantic sturgeon. DHRAs can be found in Volume 3 of the Closure Area will remain codified in Response: This comment has been EIS. § 648.81. Cross-references from other forwarded to NMFS staff in the sections have also been updated to Protected Resources Division for the 7. Framework Adjustments and reflect these changes. Greater Atlantic Region who work on Monitoring Atlantic sturgeon issues to address this 10. Comments and Responses The designation or removal of HMAs concern with the Army Corps. and changes to fishing restrictions The Notice of Availability for this Comment 3: Mystic Aquarium within HMAs may be considered in a Amendment was published on October submitted a comment expressing framework adjustment. In addition, this 6, 2017 (82 FR 46749), and the proposed concern for the lack of analysis and action establishes a review process to rule was published on November 5, development of alternatives to conserve evaluate the performance of habitat and 2017 (82 FR 51492). The comment deep-sea corals EFH in Gulf of Maine, spawning protection measures. Finally, periods for both ended on December 5, Georges Bank, and southern New this action establishes a process for the 2017. In total, 72 comments were England regions under the purview of Council to identify and periodically received; many of these comments were the Council. This commenter contends revise research priorities to improve submitted on behalf of environmental or that because the revision of the EFH habitat and spawning area monitoring. fishing organizations or businesses. designation for Acadian redfish Seventeen of the comments were not includes deep sea corals, and deep sea 8. Regulatory Changes relevant to the issues under discussion corals have been described as the most This rule implements measures for all in this action and were nominally about vulnerable form of EFH in reference of the approved measures. In order to the commenter(s) concerns regarding materials developed by the NMFS Deep- improve clarity of the habitat-related global climate change. Those comments Sea Coral Research and Technology management measures, we have are not addressed here. Program and the Northeast Fisheries reorganized § 648.81 to refer solely to Comment 1: Nine comments focused Science Center analysis of fishing effects year-round and seasonal closures exclusively on EFH, HAPC, and DHRA that the Council should analyze the designed for purposes of groundfish designations. Seven of the comments fishing effects on these habitats. Because protection. All habitat-related measures, recommended approving the the deep-sea coral considerations were including the newly approved and regulations, specifically the EFH, HAPC, split off into a separate action, the existing HMAs and their accompanying and DHRA regulations, with most commenter requests that we leave the regulatory text, the DHRAs and their specifically noting the importance of the status quo HMAs and HAPCs, in both accompanying text, and the Mid- Inshore Juvenile Cod HAPC, that it was the Gulf of Maine and along the Atlantic Fishery Management Council’s important to give other areas HAPC continental margin south and west of Deep-Sea Coral Protection area can be status because of their sensitivity to Georges Bank, until a refined proposal found in a new subpart (subpart Q). In trawling, dredging, and other fishing is produced by the Council that addition, the Council stated that all impacts, and that these designations and addresses these concerns. Alternatively, areas currently closed to scallop related management measures can help the commenter suggests that the dredging should remain closed upon the boost the cod population. Three Council’s ongoing coral amendment implementation of OHA2 so that the commenters also noted the importance could be redirected to address these Scallop Committee can better of the Atlantic Salmon HAPC. Another issues regarding mitigation of the effects incorporate newly opened areas in the comment supported the implementing of fishing on corals functioning as EFH. rotational management program. The OHA2 regulations that would allow the Response: This action does not existing EFH closures currently reside Council to develop analytical tools for directly address the impacts of fishing in both the groundfish (§ 648.81) and EFH designation, and monitor the on corals as a component of EFH for scallop (§ 648.61) regulations. This effectiveness of current/future redfish. Additional information specific action adds the groundfish closed areas conservation efforts. to deep-sea corals would require further that would otherwise be removed by Response: NMFS agrees that the EFH, development and consideration of this action to the scallop closure section HAPC, and DHRA regulations are information that was not available for

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15246 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

this Amendment. The Council are developed to address the unique and the protection of such habitats. In considered what measures were nature of both the commercial and particular, they recommended that necessary for deep-sea coral protection recreational fisheries. The commercial NMFS approve all new EFH in the recently completed deep-sea coral fleet is primarily managed using a sector designations; the new Small Eastern amendment. This action implements the system, which further allocates the Maine Habitat Management Area retention of all three status quo habitat commercial sub-ACL to fishing sectors. (HMA); continue existing protections in management areas in the Gulf of Maine, The recreational sub-ACL is managed by the Cashes Ledge Groundfish Closure with some minor modifications, and all setting an open fishing season, Area; and approve the Jeffreys Bank and the HAPCs along the outer shelf, largely minimum fish size, and possession limit Cashes Ledge Habitat Closure Areas. because of their importance for deep-sea for the recreational and for-hire sectors They also supported the approval of the corals. that will prevent the sub-ACL from Fippennies Ledge HMA and Comment 4: Eighteen comments being exceeded. establishing the Ammen Rock HMA, as focused on maintaining the status quo The approved measures would reduce well as the Cox Ledge spawning area. spatial management measures. Most of the area protected by about 25 percent; TNC also supported the Western Gulf of these comments were from members of however, the area remaining closed has Maine Habitat Closure Area and all of the public who identified themselves as more vulnerable habitat than the area the Council recommended HAPCs and recreational or for-hire fishing sector being opened. As described in the EIS, DHRAs. participants. Most commenters measures implemented by this rule will TNC expressed concerns with new specifically opposed opening the have a positive impact on groundfish, habitat closed areas on Georges Bank Western Gulf of Maine and Closed Areas albeit slightly less beneficial than the and framework provisions that establish I and II to commercial fishing, noting status quo. Overall, however, NMFS a pathway to allow exemptions for that they considered the closed areas to determined that the collective measures hydraulic clam dredge gear in habitat be largely responsible for the recovery of in the Gulf of Maine represent an closed areas. Specifically, TNC is the haddock stocks. A few commenters improvement to groundfish protections. opposed to the Council’s mentioned specific support for the new The Great South Channel HMA is recommendation on Georges Bank, closed area off downeast Maine (i.e., the being approved with the clam dredge citing their Weighted Persistence Small Eastern Maine HMA), the new exemption, contrary to the Analysis, which is an analysis and that Great South Channel HMA, and for recommendations in some of these it supports the concerns noted by NMFS maintaining the Cashes Ledge comments. The area covered by the in the proposed rule. TNC also opposes Groundfish Closure Area with the Great South Channel HMA is currently the exemption for hydraulic clam current restrictions. Many commenters open to fishing, including by hydraulic dredges and suggests that a workshop noted that recreational fishermen are clam dredges, scallop dredges, and should be held to review very high- currently not allowed to possess cod in groundfish trawls. The majority of the resolution data to identify exemption the Gulf of Maine and that allowing area would be open only to clam areas that would be compatible with increased commercial fishing pressure dredges for 1 year while the Council requirements to prevent adverse impacts in an area known for cod would be attempts to develop more specific of fishing. The letter contends that the inconsistent with that restriction. exemption areas. The Council notes that TNC analysis showed that, apart from Response: NMFS agrees that closed hydraulic clam dredges are capable of the Northern Edge Reduced Impact areas can be an effective tool in fishing in discrete areas of less HMA, the Council recommended rebuilding overfished stocks and vulnerable habitat around more management measures are not located in protecting vulnerable habitat. We have complex structure. If, in the coming high habitat value areas. According to reviewed the best science available in year, the Council is unable to develop TNC, this verifies the concerns the this action relating to the costs and a solution that effectively minimizes the Agency expressed regarding the Georges benefits of closed areas when adverse effects of fishing in this area Bank area in its request for comments. determining whether the Council’s while minimizing the economic impacts Because TNC feels that the proposed recommendations minimize the adverse to the clam fishery, the exemption will management measures for Georges Bank effects of fishing to the extent expire, and hydraulic clam dredges do not protect high value habitat, they practicable, and whether they meet the would be prohibited throughout the strongly recommended that NMFS Amendment’s goals and objectives and HMA. disapprove these provisions. comply with all other laws. NMFS On Georges Bank, we partially agree Further, as TNC wrote in its supports the implementation of the with the recommendations to leave comments in 2015, surfclam/ocean Small Eastern Maine HMA and Closed Areas I and II as they are now. quahog vessel monitoring system data implements that measure in this action. We are implementing the Council’s show that this fishery, while largely We support maintaining the Cashes recommendation to remove the Closed concentrated in the Mid-Atlantic and Ledge Closure Area closed as Area I groundfish and habitat closed Southern New England regions, is active recommended by the Council. We also area designations, but we are also in the Great South Channel, off Cape agree that the Cox Ledge proposal implementing a seasonal spawning Cod, and on Georges Bank. TNC also should not be implemented. closure for Closed Area I North and a asserts that hydraulic surfclam gear is We disagree that opening a portion of DHRA closed to mobile bottom-tending highly destructive to structured habitats, the Western Gulf of Maine Closure Area gear in Closed Area I South. We have and has a lesser impact in high-energy is inconsistent with the current disapproved the Council’s sand habitats. TNC suggests that a restriction on recreational anglers. The recommendation for Closed Area II for collaborative workshop process Council manages Gulf of Maine cod the reasons described in the preamble of informed by very high-resolution spatial with an overall annual catch limit (ACL) this rule. data could be used to identify and distinct sub-ACLs for various Comment 5: The Nature Conservancy exemption areas that would be aspects of the fishery. We believe this (TNC) believed some of the proposed compatible with requirements to system is sufficient to prevent measures likely meet the requirements prevent adverse impacts of fishing. overfishing and rebuild overfished of the Magnuson-Stevens Act to Response: NMFS agrees that the stocks. Specific management measures periodically review EFH designations Weighted Persistence Analysis supports

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15247

our decision for Georges Bank and notes recommendations in the Great South describe or consider the relationship that we referenced that information Channel for the reasons described between the frequency of scallop fishing when making this determination. The above. and the recovery time scale of the Cox Ledge area was not recommended Comment 7: The Council submitted habitat features that are particularly as a spawning closure and is not being comments in support of implementing important to juvenile groundfish in the implemented as an HMA for the reasons the measures as proposed. The Council region. NMFS acknowledges that the noted in the preamble of this rule. contends that the full suite of measures proposed rule inappropriately NMFS supports the idea that a submitted were in compliance with the misconstrued the potential lost revenues workshop to identify exemption areas requirements of the Magnuson-Stevens to the scallop fishery and has updated within the Great South Channel HMA Act. The Council stated in its comment the language in the final rule. As would be beneficial to both the Council its recognition of the important habitats described above, NMFS disagrees that and the clam industry, should the along the northern edge of Georges Bank the Council gave due consideration to interested parties agree on that approach for groundfish, including juvenile cod. the northern edge’s status as an HAPC. as a way forward. The Council contends that its preferred Comment 8: The Northeast Seafood Comment 6: The Cape Cod approach to management on Georges Coalition (NSC), representing 250 Commercial Fishermen’s Alliance, Bank keeps certain areas closed to fishing businesses, submitted a representing 150 fishing businesses and fishing with mobile bottom-tending comment generally in favor of the over 300 fishing families, expressed gears, while allowing only rotational Council’s recommendations. The support for the analytical basis for the scallop fishing in most of the Reduced comment was careful to point out that, Amendment, namely the SASI and Impact HMA. while NSC supports the full suite of Local Indicators of Spatial Association The Council took issue with how the measures recommended by the Council, (LISA) analyses, noting this modeling preamble of the proposed rule implied it is not fully ‘‘satisfied’’ with the framework allowed the Habitat that scallop fishing in the Reduced Amendment as a whole. Specifically, Committee and the Council to make Impact HMA would be unlimited, NSC is unsatisfied with retaining well-informed decisions when contending that while the Council was groundfish closure measures in the recommending preferred alternatives. not prescriptive about how rotational Western Gulf of Maine and on Cashes The Fishermen’s Alliance supported the scallop fisheries on the northern edge Ledge. The NSC requests that the record Council’s full recommendation to create might be conducted, this statement identify the overarching purpose of the a new Habitat Management Area (HMA) ignores the eighteen years of successful Cashes Ledge Closure and the Council’s in the Great South Channel to protect rotational sea scallop management since intention in recommending that it this valuable ground, including closing Amendment 10 to the Atlantic Sea remain closed. NSC notes that the 12.5 percent of the northeast HMA to all Scallop Fishery Management Plan Council was neither bound by the mobile bottom-tending gears. (FMP) formally adopted the approach. existing closures nor to selecting new Additionally, the Fishermen’s Alliance The Council also expressed concern that areas of comparable size. Further, NSC asserts that the prohibitions in the the preamble misconstrues the states that NMFS should not be remaining area for dredging are economic analysis in Volume 5 of the evaluating the efficiency of the warranted, particularly given opening of EIS with regard to the scallop fishery proposed Georges Bank nearby regions to scalloping that pose loss of opportunity versus realized recommendations by comparing them to less impacts to the benthic environment. costs. The Council states that they are habitat protection coincidently provided They also strongly supported the confident that rational rotational by the existing mortality closures. NSC Council’s decision to designate the management can be conducted on the also questions NMFS’s ‘‘one-sided’’ Great South Channel Juvenile Cod northern edge while minimizing the interest in CPUE as a relevant HAPC, stating that these actions would adverse effects of fishing. consideration for habitat impacts reduce fishing impacts on habitat, and Finally, the Council responded to the regarding the ground cable prohibition (coupled with the Georges Bank concern that it did not give due on Cox Ledge. Seasonal Closure Area) protect valuable consideration to the northern edge’s Response: While NMFS agrees that spawning and rearing habitat for status as an HAPC when deciding on increases in fishing efficiency that Atlantic cod. measures to minimize adverse effects. reduces the amount of time that gear is The Fishermen’s Alliance also The rationale for the HAPC given in the in contact with the bottom can enhance expressed strong support for the EIS notes that complex gravel habitats, habitat protection, increased efficiency removal of the Nantucket Lightship and especially those with structure-forming is not the only way to minimize the Closed Area I closures, noting the epifauna, provide cover for juvenile cod, adverse effects of fishing on EFH. Even significance of the areas to the small reducing predation during a critical life highly efficient fishing with mobile boat scallop fishery (i.e., the limited history stage that may be a bottleneck bottom-tending gear can have adverse access general category fleet), for this species. effects, defined as effects that are more specifically noting that the habitat Response: For the reasons described than minimal and not temporary, on encompassed by the current closed in this rule’s preamble, NMFS highly vulnerable habitat. The areas is less important for valuable disapproved the Council’s combination of reduced overall effort species such as Atlantic cod than the recommendation to allow rotational and high quality closures is one reason habitat that would be protected under scallop fishing on the northern edge of we supported the Council’s approach the new Great South Channel HMA. Georges Bank. NMFS agrees that the that smaller HMAs that protect more Response: We agree with the scallop rotational program has vulnerable habitat are preferable to Fishermen’s Alliance that the SASI/ successfully managed scallops, but the larger HMAs that cover less vulnerable LISA results were an appropriate rotational program is designed to habitat. As noted above, our disapproval starting point for the Council’s address scallop fishing issues. It was not of the Council’s recommendation on discussion. Based in part on those designed specifically to minimize eastern Georges Bank is in line with this analyses, the Nantucket Lightship and adverse effects on EFH or account for approach. The Council recommended Closed Area I closures are removed in juvenile cod HAPC. NMFS determined larger, less efficient closures as this action. We are also approving the that the Council did not adequately compensation for increased impacts in

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15248 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

highly vulnerable substrate. This is also stocks that may no longer be necessary AFM supported removal of the Closed consistent with our decision to when stocks recover. Area I and II Groundfish Closure Areas. disapprove the Council’s Comment 9: The Massachusetts AFM contends that the proposed recommendation on Cox Ledge. The Division of Marine Fisheries submitted exceptions to the Northern Edge should Council’s Plan Development Team comments in support of the Council’s include all mobile tending bottom gear. noted on several occasions that it was recommendations, particularly those on AFM asserted that the groundfish trawl unable to determine how much less Georges Bank, noting the decisions fleet with the capacity to fish offshore efficient an average trawl would be being developed in Scallop Framework has been greatly reduced by low annual without ground cables, and; therefore, Adjustment 29 are projected to result in catch limits, and therefore the intensity unable to determine if total bottom lower overall groundfish bycatch, and frequency of trawl access to the contact time would be reduced or reduced open area effort, increased Northern Edge would be minimal. AFM increased. scallop catch, and increased revenue also supported the proposal for seasonal We disagree that the restrictions on from access to Closed Area I and the spawning closures on Georges Bank. gears capable of catching groundfish are Nantucket Lightship West area. Response: As noted in the response to unnecessary in the Western Gulf of Response: While we disapproved the the Northeast Seafood Coalition, while Maine and Cashes Ledge groundfish Council’s recommendations for eastern NMFS agrees that increases in fishing closure areas and that these areas were Georges Bank, we are approving the efficiency that reduce the amount of not intended to support the Council’s recommendations to remove the Closed time that gear is in contact with the stated goals of improving protection of Area I and Nantucket Lightship Closure bottom can enhance habitat protection, critical life stages, including spawning Areas as year-round closures. A increased efficiency is not the only way groundfish. In advance of the April 2015 decision on Framework 29 is pending to minimize the adverse effects of Council meeting, where a motion was finalization by NMFS, which, if fishing on EFH. (See comment #4.) made to continue the protections on approved, would authorize the scallop NMFS disagrees that the hotspot Cashes Ledge, NMFS advised the fishery to access portions of these analyses in the EIS failed to show that Council that the Council’s goal of former closure areas. Cashes Ledge area is an important area ‘‘improving’’ juvenile groundfish habitat for juvenile and spawning groundfish Comment 10: The Associated protections would not likely be species. The analysis indicates that Fisheries of Maine (AFM), representing achieved without the Cashes Ledge there are a number of species that 25 fishing businesses, recommended Closure Area, particularly in aggregate in this area as juveniles eliminating closed area restrictions and combination with the reduced (redfish, American plaice, silver hake, allowing vessels to optimize fishing groundfish protections from the Western white hake, and haddock) and as large efficiency and thereby reduce the Gulf of Maine. adults (redfish, red hake, and witch intensity and frequency of mobile gear NMFS staff reviewed the audio flounder). In addition, research in this recording of the April 2015 Council on the ocean floor. Specifically, the area shows there are resident and meeting in response to this comment. It AFM did not support maintaining the migratory populations of cod that use is clear from that recording that the existing Cashes Ledge Groundfish this this area, and that they are growing maker of the adopted motion for the Closure Area. AFM asserts that faster and living longer than cod Central Gulf of Maine made the groundfish mortality objectives are met collected outside the Cashes Ledge recommendation in response to the with annual catch limits and Groundfish Closed Area. Regional Administrator’s letter dated accountability measures. AFM contested Comment 11: Seven comments were April 14, 2015, noting our concerns the proposed rule claims that this received from businesses and others relating to the Habitat Committee’s closure was maintained to ‘‘improve with an interest in the surfclam and recommendations in light of the Gulf of protection of juvenile and spawning ocean quahog fishery. All seven Maine cod stock status. This letter groundfish’’ because, according to AFM, comments recommended that NMFS stated specifically ‘‘there is insufficient the Closed Area Technical Team disapprove the Council’s information in the record to show that analysis does not show the Cashes recommendations for the Great South the Committee’s recommended Ledge area as either a groundfish Channel and Georges Shoal because of preferred alternative improves juvenile juvenile or spawning ‘‘hotspot.’’ AFM the economic impacts to the surfclam/ groundfish habitat protections and does support the modifications to the quahog fishery from those HMAs. These would likely fail to meet the Council’s Cashes Ledge Habitat Closure Area to comments also noted that if we did stated goals and objectives.’’ We agree allow fishery access to deep mud and approve the HMAs, we should only do that the Council discussion on the sand habitats. so if the 1-year exemption for the clam motion was clear that the intention was AFM supported the proposal to align fishery were extended. The commenters for cod protection given its current the eastern boundary of the Western varied in the preference for the status, and that when the cod is Gulf of Maine Groundfish Closure Area extension, but they ranged from 3 or 5 considered healthy, the Council should with the Western Gulf of Maine Habitat years to a permanent exemption. consider the utility of the Cashes Ledge Closure Area, as well as the exemption Response: NMFS is disapproving the Closure Area under those conditions. to allow shrimp trawls in the northwest Georges Shoal HMA as part of the NMFS would support a review of this portion of the area. AFM did not decision to partially disapprove the area, as well as the Western Gulf of support maintaining the current eastern Georges Bank recommendation. Maine Groundfish Closure measures, groundfish restrictions in the Western In the Great South Channel, NMFS is when cod and other groundfish stocks Gulf of Maine Closure Areas, noting that approving the Council’s are rebuilt. The Council can revisit the groundfish mortality objectives are met recommendation. The Council overall objectives and collection of through annual catch limits and considered a permanent exemption, but management measures in the Northeast accountability measures, and the use of selected the 1-year option instead. Multispecies FMP as stock conditions fixed gear to target groundfish (as is Currently, the Council is developing a change. This review should include all allowed for recreational fishing) would framework adjustment that will measures that have been implemented not negatively affect any habitat consider more discrete, permanent or maintained in support of rebuilding objectives for this area. exemptions for hydraulic clam dredges

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15249

within the Great South Channel HMA. Council and Commission to address NMFS to engage interested Indian tribes NMFS agrees with the Council that the these issues as they arise. as part of this rulemaking process and 1-year exemption is enough time to Comment 13: The Pew Charitable to provide such tribes a meaningful consider more discrete exemptions, Trust submitted a comment signed by opportunity to consult directly on what particularly because it will have been 8,493 members of the public that impacts the rule would have on tribes nearly 4 years since the Council took contends that the Amendment does not and tribal resources. final action on its recommendations follow best available science, does not Response: NOAA conducts when the exemption is scheduled to meet its own goals and objectives, and government to government consultation expire. The Council has been does not fulfill legal requirements to with federally recognized tribes considering these issues during this protect fish habitat, especially on pursuant to the process identified in its time. The review and rulemaking Georges Bank and in Southern New November 2013 Tribal Consultation development phase at NMFS has England. Specifically, the letter focused Handbook (http:// provided an additional 3 years for the on the Northern Edge of Georges Bank www.legislative.noaa.gov/policybriefs/ clam industry to gather data and bring and the surrounding areas that have NOAA%20Tribal%20consultation%20 recommendations to the Council for been closed to mobile bottom-tending handbook%20111213.pdf). The actions consideration. fishing gears for over 20 years. The letter identified in this document are not Comment 12: Three comments were contended that the Northern Edge is one expected to impact tribal rights or submitted specific to lobster fishery of the most ecologically important resources. No Federally recognized tribe issues. The American Offshore places in New England waters, and it expressed interest in the management Lobstermen’s Association (AOLA), should remain closed to dredging and measures proposed nor has any tribe which represents the majority of trawling to provide refuge for depleted commented on these measures at any offshore lobster vessels, commented on groundfish and other marine species, time throughout the extensive public the Council’s recommendations for and that NMFS should reject the development of the Amendment. eastern Georges Bank. Specifically, the Council’s proposed HMAs on Georges Comment 15: Four environmental AOLA noted that NMFS has not Bank, including the Northern Edge non-government organizations codified the agreement between the Reduced Impact Habitat Management (Conservation Law Foundation, Oceana, lobster and groundfish fleets that is Area, which would allow scallop Earthjustice, and the Natural Resource designed to eliminate gear conflicts by dredging in an area that has been Defense Council; hereafter setting seasonal restrictions for each identified as critically important for ‘‘Conservation NGOs’’) submitted a fishery. The comment also noted that juvenile cod since 1998. This letter also detailed, joint comment letter on the the language in the Council’s motion to stated that all clam dredge exemptions Amendment. These organizations noted eliminate gear conflicts between the should also be rejected, and this gear their years of involvement in the scallop and lobster fisheries should not operate in any HMAs development of this action and raised incorporates language that differs from identified for protection. The letter concern with the Amendment process. the industry discussions. The further contends that in Southern New These conservation organizations organization also noted that there has England, allowing clam dredging in the contend that NMFS should not approve been an increase in Jonah crab fishing proposed Great South Channel HMA the Amendment until the completion of in the Nantucket Lightship area and that would introduce gear that is destructive the required Endangered Species Act if the area were to open in this action, to seafloor habitats. The comments also consultations, and that a reinitiation of gear conflicts may arise and should be stated that NMFS should reject the the consultation that covers the affected addressed. The letter submitted by the Council’s proposal to allow bottom fishery management plans is required. Atlantic States Marine Fisheries trawling without ground cable in the The Conservation NGOs also state that Commission’s American Lobster Board Cox Ledge HMA because the the Amendment does not satisfy the reiterated many of these same commenters recommend that this area requirements of the Magnuson-Stevens comments. The third letter, from a should be closed to all mobile Act, the National Environmental Policy student in a public policy course, bottom-tending gear. A nearly identical Act, and the Endangered Species Act. expressed his concern about the lack of letter was also submitted by a private The Conservation NGOs’ letter impact analysis for certain fishing areas, individual. contends that OHA2 and its EIS fail to specifically referencing the AOLA letter Response: NMFS agrees that, as recognize the ecological importance of and the expansion of the Jonah crab proposed, some of the Council’s minimizing the impacts of fishing on fishery and lobster fisheries. The recommendations fall short of achieving EFH and actions are inconsistent with commenter also noted that data relied its stated goals and objectives for this the OHA2’s goals and related legal on in the document is more than five action and the requirements of the requirements. The Conservation NGOs years old and that fish and crustacean Magnuson-Stevens Act. However, we contend that the management attention populations are likely to have shifted have determined that, as approved, the and analytical approaches on the during that time due to climate change. Council’s FMPs will comply with the vulnerable complex benthic habitats is Response: We are disapproving the Magnuson-Steven Act, and that the too narrowly focused and does not Council’s recommendations for eastern approved provisions of this action were acknowledge the potential for adverse Georges Bank, which renders the based on the best available scientific effects to sandy or mud bottoms or the concerns about the gear conflict information. We agree, and are water column from fishing. The agreement moot. In the Nantucket disapproving, the Council’s Conservation NGOs argue that this is a Lightship area, it is difficult to know recommendations for the Northern Edge major deficiency of the Amendment how the fixed gear fisheries may interact and Cox Ledge. We are approving the from a Magnuson-Stevens Act, NEPA, with mobile gear fisheries because the clam exemption, for the reasons stated and ESA perspective. This letter argues area has been closed and we have no above. that the statutory task is not limited to data showing an expected increase in Comment 14: The United States minimizing the physical impacts of gear conflicts. We support industry Department of the Interior, Office of fishing gears on hard, complex benthic initiatives to minimize gear conflict in Environmental Policy and Compliance, areas to which the bulk of the analysis this region. We will work with the Bureau of Indian Affairs urged the in the EIS has been focused.

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15250 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Response: NMFS does not agree that ignoring all of the habitat protection than opening areas more complex sandy or mud bottom habitats were alternatives selected and the species habitats. ignored during the process of hotspot and habitat vulnerable areas Comment 20: The Conservation NGOs identifying candidate areas, or selecting identified by the SASI, LISA, and contends that the Amendment contains preferred habitat management Weighted Fish Persistence models. They only cursory references to reduced alternatives. The SASI model was assert numerous alternatives proposed availability of prey species and does not specifically designed to assess the by the Council’s technical teams were discuss the loss of prey species and relative vulnerability of different types eliminated by Committees or the their habitat. They state this action does of bottom habitat to fishing gear impacts Council out of hand, without any not adequately analyze the potential and output from the model accounted practicability analysis and based on adverse effects to EFH for managed for habitat diversity with areas that multiple, legally irrelevant grounds. species consistent with the Magnuson- included a greater proportion of more Response: The work done by the Stevens Act’s requirement to minimize complex habitats receiving a higher Habitat PDT and the Closed Area the adverse effects of fishing to the score. Many of the preferred alternatives Technical Team (CATT) was considered extent practicable. (e.g., the Western Gulf of Maine, Great by the Habitat Committee when they Response: NMFS acknowledges that South Channel) include sand and mud decided which HMA and spawning area prey is a component of EFH, as defined habitats as well as rocky habitats. The alternatives to retain for analysis. The by the EFH final rule. NMFS and the Council and NMFS have also Committee considered public comment Council considered effects on prey to determined that EFH within the water and other information available to them the degree afforded by the best available column is not adversely affected by to develop a reasonable scope of science. The Habitat PDT attempted to fishing and does not require protection alternatives to address the include infaunal prey organisms in the from fishing activities. Amendment’s goals and objectives. vulnerability assessment for SASI, but Comment 16: The Conservation NGOs These decisions removed infeasible there was not enough information argue that the Amendment and alternatives because of extreme costs to regarding the impacts of fishing gear on supporting documentation fails to the industry or insufficient EFH individual prey species and species protect EFH for managed stocks that its protection. The Council then used the groups. A section of the EIS describes own analysis concludes is vulnerable to analyses in the EIS to weigh the benefits what is known about the loss of prey fishing gears. and costs of each alternative and species and their habitat and an Response: NMFS disagrees; the intent selected preferred alternatives that appendix that summarizes available of the action is to minimize impacts to minimized EFH impacts without closing information on their distribution in the EFH globally and more specifically to valuable fishing grounds. Practicability region. There was not enough spatial critical groundfish species. Many of the assessments in the EIS were based on a information available on the HMA alternatives that NMFS approved thorough analysis and comparison of distribution and abundance of prey to protect vulnerable EFH for a variety of the benefits and economic costs of all use in defining habitat management managed stocks. (See the EFH overlap the habitat management areas alternatives. In addition, the Council’s analysis for each HMA in Volume 4; considered in the Amendment. Tables 7, 13, 19, 27 and 33.) Approval Comment 19: The Conservation NGOs approach to focus on vulnerable of the Great South Channel HMA and object to the Council’s substrate important to managed species disapproval of the Council’s proposed recommendations that would open indirectly protects epifaunal alternative on eastern Georges Bank was extensive areas of known cod and other invertebrates that occupy gravel and predicated on the need to protect overfished groundfish EFH areas than rocky habitats substrates and are eaten vulnerable habitat for juvenile cod. are currently under protection. by fish and the habitats that are OHA2 also includes two new juvenile Response: NMFS agrees that the important to prey. cod HAPCs. Other overexploited Council’s proposed action would have Comment 21: The Conservation NGOs groundfish stocks, such as Georges Bank opened three large closed areas on contend that, with the limited exception yellowtail flounder, occupy less Georges Bank and south of Nantucket, of the eastern Gulf of Maine, there are vulnerable sandy habitats, and were that provide habitats used by overfished no alternatives that expand the area of thus not the subject of area management groundfish species. We have approved existing protections within current decisions. the opening of the habitat and closed areas or the size of currently Comment 17: The Conservation groundfish closed areas in Closed Area protected areas. NGOs’ letter argues that the OHA2 I and the Nantucket Lightship area, but Response: This is accurate; however, decision-making process and the not in Closed Area II. Our decision to expansion of existing protections within selected alternatives ignored the disapprove the proposed alternative on current closed areas or the size of important Weighted Fish Persistence eastern Georges Bank is based, in part, protected areas is not the charge to the modeling work done by The Nature on the high EFH value of the northern Council from the Magnuson-Stevens Conservancy. edge of Georges Bank for cod and the Act. NMFS and the Council have made Response: NMFS acknowledges that low overall EFH value of the Georges it clear from the beginning that size of the results of the TNC analysis were not Shoal area. We believe the analysis in HMAs alone is not sufficiently effective formally incorporated into the EIS until the EIS shows that fishing impacts on for maintaining habitat protections that after the Council selected preferred more vulnerable hard bottom habitats minimize adverse impacts to habitat to alternatives; however, these analyses used by overfished groundfish species the extent practicable. It is more were available to the Council prior to (e.g., cod) will continue to be minimized effective and efficient to close smaller taking final action. Further, the by the OHA2 regulations even with the areas with a higher proportion of more Weighted Persistence Analysis did opening of Closed Area I and the vulnerable habitat and increase fishing factor into NMFS’s decision-making Nantucket Lightship Closure Areas. access to less vulnerable areas. This process, as noted above. Other overfished species like yellowtail provides for an improved balance of Comment 18: The Conservation NGOs flounder utilize less vulnerable sandy short- and long-term costs and benefits argue that the Amendment fails to habitats, so opening closed areas will for minimizing adverse fishing impacts identify significant HMA areas, virtually have less of an impact on their habitats to the extent practicable.

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15251

Comment 22: The Conservation NGOs Comment 24: The Conservation NGOs analysis in the Amendment is further argue that because practicability by further contend that the practicability flawed by its failure to consider all the definition means ‘‘capable of being put analysis fails to adequately account for adverse environmental effects to EFH into practice or of being done or the role that closed areas play in associated with the alternatives. Instead, accomplished: Feasible,’’ if an EFH hedging against the numerous forms of the Conservation NGOs argue that the impact minimization measure can be uncertainty inherent in both the marine analysis relied too heavily on the SASI/ feasibly done, then it must be done. In environment and in attempting to LISA tools to predict all environmental several places, they compare to the manage an extractive industry within impacts. North Pacific Council’s Alaska EFH plan that natural environment. The letter also Response: NMFS disagrees that the and the Pacific Council’s Groundfish argues that the practicability analysis Council and the Agency failed to Amendments, where there were specific fails to provide a model or other appropriately comply with NEPA. There analyses on the amount of revenue put meaningful support for its assumptions is no requirement to provide a ‘‘red- ‘‘at-risk’’ from the measures, ranging related to the likely human behavioral line’’ version of the EIS for public from $2.4 to 36.3 million, depending on responses to management measures. The review. Further, the Council did not the Council/alternative. They further Conservation NGOs said that the heavy limit itself to only one end of the argue that ‘‘balancing’’ between habitat reliance on a simplistic analysis of the spectrum of possibilities. The protection and economic costs is not impacts of lost revenues on the fleet Amendment included a reasonable what is required under the EFH without consideration of human range of alternatives that addressed a language. behaviors that might mitigate against wide spectrum of impacts that were Response: NMFS does not agree that potential short-term loss renders the detailed with thorough analysis that it is necessary to compare the estimate of the practicability of a given sufficiently informed the public, the approaches to minimizing adverse effect measure grossly unreliable and often Council, and NMFS. This allowed the from fishing on EFH from other regional improperly inflammatory. Council and us to take a hard look at the fishery management councils. Each Response: The Council considered impacts of the potential choices. For council is afforded the flexibility to potential behavioral responses to the example, each sub-region, with the determine what is practicable for its degree available information supported exception of the Central Gulf of Maine, particular fisheries and habitats. The responsive measures. The EIS which was smaller than other areas and recommendations made by the North acknowledges that there was no addressed by changes to the Cashes Pacific and Pacific Councils, and the objective way to predict how fishermen Ledge area, included an alternative or a decisions made by NMFS in approving would respond to new area closures, potential combination of areas that those recommendations, may be looked and the results of the analysis are would have dramatically increased at for guidance on a particular approach, described as ‘‘revenue at risk’’ either the total size or total vulnerable but it is not required. calculations. While these calculations habitat covered by a closure area. The Practicability does not mean to the could have over-stated costs of area Council’s selection of Alternative 10 on extent possible. NMFS disagrees with closures, NMFS believes that they eastern Georges Bank, while insufficient the assertion that the Magnuson-Stevens provide a reasonable basis for for addressing the requirements of the Act requires any EFH protection that is incorporating potential uncertainty into Magnuson-Stevens Act and the possible. The Magnuson-Stevens Act what may be practicable. Further, our Amendment’s goals and objectives, was requires minimizing adverse fishing partial approval decisions were based within the range of alternatives impacts to the extent practicable. NMFS on a careful evaluation of the habitat previously analyzed. Further, the agrees that this consideration includes benefits and economic costs of the Georges Shoal HMA that the Council what is feasible. But feasible means that proposed alternatives. recommended was included in which is capable of being done. ‘‘What Comment 25: The Conservation NGOs Alternative 7, and the concept of the is capable’’ is determined by an analysis maintain that NEPA obligates NMFS to Northern Edge Reduced Impact HMA, and consideration of of the nature and make available a redline version of the combined with a mobile bottom-tending extent of the adverse effect from fishing EIS for public review, and failure to do gear closure to the south, was on EFH and the long- and short-term so violates NEPA requirements. The substantially and materially similar to costs and benefits of potential groups also object to the ‘‘ad-hoc’’ Alternative 9. management measures to EFH, method of developing the final Council The Conservation NGOs do not associated fisheries, and the nation. alternative on Georges Bank because it provide any information that was Comment 23: The Conservation NGOs was not within the range of previously overlooked that would have better stated that the economic/displacement analyzed alternatives. In addition, the informed the Council’s actions or our discussion ‘‘ignores the reality of New letter points out that The Nature decision. Nor do they provide England fisheries where gross revenues Conservancy’s weighted persistence information that contradicts our for the groundfish fleet have increased analysis was not formally incorporated decision. The groups specifically point dramatically in the past two decades into the draft EIS prior to the June 2015 to the Bigelow Bight areas designed by despite ever-escalating regulatory limits decision meeting. The environmental the CATT as an example that would and the current habitat closures.’’ organizations also argue that the EIS have better informed the Council’s Response: The statement that gross fails to include an adequate range of decision if it were included within the revenues in the groundfish fishery have alternatives because, while the Council range of alternatives. However, a large ‘‘dramatically increased’’ over the past included an alternative that would have version of that area was incorporated in two decades is not supported by the removed all closures, there was not an Western Gulf of Maine Alternatives 3 facts. While there were increases in equally extreme alternative on the other and 4, and a smaller version was in gross revenues in a few years, the end of the spectrum. The group also Western Gulf of Maine Alternative 5. overall trend in revenue has been contend that EIS is deficient in that it Some of the CATT areas in the Western downward, when adjusting for inflation, fails to develop or analyze any Gulf of Maine extended into state since 1981. See the ‘‘Measuring the alternatives that include mitigating the waters, and the Council determined it Effects of Catch Shares Project’’ http:// ubiquitous impacts of lobster gear on would be inappropriate and ineffective www.catchshareindicators.org/. EFH. The letter goes on to argue that the to implement closures in state waters

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15252 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

because they would only apply to the Council will need to consider from fishing impacts. This was one federally permitted vessels and only review of EFH designations in reason why the proposed alternative on fishing in state-waters would still be upcoming future actions. That review, Georges Bank was disapproved. allowed. The Nature Conservancy’s however, is not part of the decisions Comment 29: Generally, the weighted persistence analysis was not made in this document. Conservation NGOs believe that the formally incorporated in the draft EIS Comment 27: The letter noted that the habitat protection measures in the Gulf that was prepared for the April and June Conservation NGOs are deeply of Maine do not minimize the adverse 2015 Council meetings because the concerned that known coral areas in the effects of fishing on habitat to the extent information was received too late to be Gulf of Maine that are essential habitat practicable. Specific to the eastern Gulf directly incorporated in the document. for Acadian redfish were not designated of Maine, the groups contend that However, the information was as HAPC, and requested that NMFS because vulnerable EFH must be distributed to Council members and was direct the Council to review those protected from fishing impacts to the made available to the public in advance habitats for designation under the HAPC extent practicable in this amendment, of those meetings. criteria, especially because the Council’s selection of the Small Eastern Maine The SASI model that was used as a Coral Amendment will not protect those HMA as the preferred alternative is first step in identifying potential HMAs areas. irrational. The alternative is not the included an analysis of the effects of Response: The EFH Final Rule does most protective of the alternatives fixed gears, such as lobster traps, and not require the Councils or NMFS to considered or of alternatives considered concluded that those impacts are establish HAPCs. The Council is but rejected earlier on practicability minimal. For this reason, they were not currently finalizing its Deep-Sea Coral grounds, coming in somewhere ‘‘in the considered when developing gear Amendment, which will address deep- middle’’ of the alternatives considered management options in OHA2. As sea coral protection issues in the Gulf of in the area. The Conservation NGOs also described in the response to Comment Maine. assert that this alternative also #15, NMFS determined that the impacts Comment 28: The Conservation NGOs encompasses very little of the areas to non-rocky habitats were addressed further insisted that NMFS initiate identified by The Nature Conservancy appropriately. Further, the Council action to use the final rule for OHA2 to in its peer-reviewed Weighted analyzed and selected preferred confirm that each HAPC reflects current Persistence Analysis, which identified alternatives partly based on output from understanding about the vulnerability this area as one of the highest scoring the SASI model as well as information and susceptibility of these areas to areas in the entire region. from a number of other sources, not just fishing impacts. The comment states Response: NMFS did note some the vulnerability scores from the model. that any required revisions should be concerns when preferred HMAs were We are not sure what is meant by ‘‘all immediately addressed through an being selected that prohibitions on the the adverse environmental effects to appropriate action. use of mobile bottom-tending gear in EFH associated with the alternatives.’’ Response: There is an analysis in the this area would do little to minimize the The only effect the Council is obligated EIS that shows there is a high degree of adverse impacts of this gear because to minimize is adverse impacts from spatial overlap of EFH within the there is little use of that gear in the area fishing. To the extent that these effects HAPCs for several groundfish species currently. NMFS acknowledged that the are mitigated by natural disturbance that occupy more vulnerable hard overall increase in protection in the factors, these were considered by the bottom habitat. The EFH value for adult region is relatively small. However, the Council and NMFS in selecting and Atlantic cod, for example, is high in same could be said for the other HMA approving final HMA alternatives. four of the five HAPCs and high in three alternatives in eastern Maine. This area Comment 26: The Conservation NGOs of them for juvenile cod. The results for was correctly deemed the most supported the revised EFH designations; haddock are similar. Winter flounder practicable because it was not adjacent however, they contend that because the EFH overlaps highly in three of the five to disputed waters just inside the Phase I EFH designations were HAPCs. Although there is no analysis U.S.-Canadian border and because it completed in 2007 and reviewed in that directly addresses the vulnerability provided nearly the same degree of 2011, they are now beyond due for the of these areas to fishing impacts, the habitat protection as the Large Eastern mandated five-year review, even before HAPCs are clearly well located in areas Maine area. The primary benefit of any they are approved and implemented. with vulnerable habitats used by HMA in eastern Maine is to protect They state NMFS must initiate action to managed species of groundfish. The EIS vulnerable bottom habitats from any analyze and confirm the validity of the also describes, in general terms, the future resumption of groundfishing, information supporting these changes. susceptibility of each HAPC to which used to be more active there. Any required revisions should be anthropogenic stresses, including Comment 30: In the Central Gulf of immediately addressed through an fishing, because that is one of the Maine, the Conservation NGOs contend appropriate action. criteria that were used to justify the that the failure to designate the entire Response: The EFH final rule states designations. There are also maps Cashes Ledge Closure Area as an HMA that EFH designations ‘‘should be’’ indicating how well the HAPCs with appropriate protections is revised, as necessary, every five years. coincide with the proposed HMAs. In inconsistent with statutory mandates, The regulations do not require this. some situations, an HAPC is entirely the goals and objectives of the Updating the designations further in contained within an HMA and, in Amendment, and the extensive record this action was impracticable. It could others, it is partially included in an associated with this action. The letter have further complicated and delayed HMA. NMFS agrees with the Council says that it was one matter to have this this action. In practice, there is a great that the HMAs include appropriate area treated largely as a groundfish deal of variability in the timing of the habitat protections associated with the closure historically, but the Amendment EFH reviews conducted by the Councils HAPCs, with the exception of the process is intended to advance all and NMFS from region to region. Northern Edge Juvenile Cod HAPC. The feasible EFH habitat protection as such, Because it has been 20 years since the proposed management measures in the not just as a beneficiary of closures or original EFH designations were Northern Edge Reduced Impact HMA openings associated with managed approved in the region, we agree that did not appropriately protect the HAPC species FMPs. The commenters

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15253

maintain that the entire current Cashes effects of fishing on EFH to comply with negatively impact the protective Ledge Closure Area should be identified the Magnuson-Stevens Act. measures of the closures. Shrimp trawls as a habitat management area and NMFS does not agree that this area are not allowed to have ground cables; managed accordingly to prohibit all should be designated as an HMA in they are used in deeper, muddy bottom commercial fishing, including gillnets order to prohibit all commercial fishing habitats; and are equipped with a grate in the water column EFH and the activity, including mid-water gillnets to reduce the catch of juvenile pelagic mobile gears may contact the and trawls. Mid-water gears are not groundfish. Furthermore, the shrimp bottom. The commenters contend that designed or intended to contact the resource is currently in very poor shape managing the area solely as a bottom and do not impact marine to the extent that fishing has been ‘‘groundfish mortality closure’’ leaves habitats in any significant way so there completely or severely restricted in open the possibility that it will be re- is no need to prohibit their use in this recent years. opened by the Council whenever it area. In addition, the analysis in the EIS Comment 32: The Conservation NGOs determines that groundfish stock indicates that the Cashes Ledge HMA argue that the Council should have conditions have improved sufficiently. could be reduced in size without selected Western Gulf of Maine The letter also argues that it is compromising the habitat protection Alternative 3 with Options 1 or 2 or inconsistent with statutory purposes benefits of the closure. NMFS agrees, Alternative 4 with Options 1 or 2, and the goals and objectives of the and is implementing the Council’s arguing that both perform the best in Amendment to reduce the size of the recommendation to modify the HMA on terms of minimizing the impacts of existing Cashes Ledge Habitat Closure Cashes Ledge. NMFS agrees that fishing on EFH and, with only area by 27 percent. In addition, the substrate and resource survey data moderately to slightly negative social commenters suggest that the Council’s quality is poor in the central Gulf of and economic costs, both of those proposed action in this sub-region was Maine, but is convinced that the alternatives are feasible. They assert that based in part on poor quality substrate Council made the best possible use of any other selected alternative would be data and a reliance on ‘‘general available scientific information and did inconsistent with the record and knowledge,’’ particularly in regard to not make any unjustifiable decisions contrary to law. the extent of rocky bottom in the when selecting preferred alternatives in Response: Both of these alternatives vicinity of Cashes Ledge and the this sub-region. include the Large Bigelow Bight HMA, predominance of muddy substrate in the Comment 31: In the Western Gulf of which the Council did not propose for deeper portions of the Cashes Ledge Maine, the commenters argue that the approval because of their negative social Closure Area. Re-designating current Amendment’s proposal to reduce the and economic costs. NMFS agrees with groundfish closures as habitat closures size of the current areas with year-round the Council’s determination that they and expanding the existing protections habitat protection by 25 percent and to would incur unacceptable costs to the for the Cashes Ledge Closure Area to increase the gear exemptions within the industry, particularly the inshore include all gears would also represent closure is inconsistent with section groundfish fishery and are, therefore, an appropriate precautionary approach 303(a)(7) requirements, unless it were impracticable. in light of the lack of survey data infeasible for the Council to realize Comment 33: The commenters suggest available for this area and the severely greater habitat and managed species that Council’s proposed alternative on depleted status of Gulf of Maine cod. benefits by protecting a larger area with George Bank should be rejected by Response: NMFS agrees with the more restrictive measures. Based on the NMFS and returned to the Council for Council recommendation that information in the EIS, the commenters further development, public review and maintaining the gear regulations that argue that the No Action Alternative 1 comment, and future action because the have been in place since the closure was (unmodified) is clearly the rational proposed assortment of HMAs do not established in 2002 meets the EFH preferred choice to the Western Gulf of minimize, to the extent practicable, the requirements to minimize the adverse Maine Preferred Alternative, as it effect of fishing on the EFH in the effects of fishing on habitat. Maintaining realizes more habitat benefits at Georges Bank sub-region. Of the these restrictions allow the protections virtually the same fisheries cost. alternatives considered, the alternatives afforded to the diversity of habitat types Response: We approved the Council’s that scored the highest in terms of it encompasses to remain in place and proposed action because the bottom biological benefits to habitats and more effectively protect the resident habitats just outside the eastern managed resources from the habitat groundfish resources from fishing than boundary of the current groundfish protection measures proposed were regulations associated with HMAs that closure are primarily deeper, low Alternative 6, Options 1 and 2 and only prohibit the use of mobile bottom- vulnerability mud habitats. NMFS Alternative 8, Options 1 and 2. The tending gears. NMFS agrees that this is determined that allowing access to this Council determined these alternatives a reasonable approach to achieving the area and maintaining the prohibitions (Alternatives 6 & 8 with Options 1 & 2) stated goals and objectives of the on a wider variety of gears capable of to be superior to the proposed suite of Amendment. As noted in the response catching groundfish in the smaller area management measures (Alternative 10 to Comment #4, the Council voted to would continue to minimize the adverse with Options 1 & 2) for habitat generally maintain the Cashes Ledge Closure Area impacts of fishing and protect and the large mesh groundfish resource. in response to our concerns that the groundfish resources at approximately Economically, the preferred Georges goals and objectives relative to critical the same level. Allowing the groundfish Bank alternative (Alternative 10) is groundfish life stages, among others, fleet into productive fishing grounds expected to provide similar short- and would be compromised if these located just outside the eastern long-term economic impacts as the nine protections were removed. The Council boundary of the Western Gulf of Maine other alternatives/option combinations could decide in the future to remove the HMA maintains approximately the same that were considered, including the No fishing restrictions in response to the level of protections in a less costly, Action alternative. full recovery of Gulf of Maine cod and more practicable way. Further, the letter notes that there is other important groundfish stocks. The NMFS disagrees that that the little, if any, social or economic cost to Council would need to consider how exemption for shrimp trawls in the continuing the closed habitat areas on the changes minimize the adverse northwest corner of the closed area Georges Bank because these areas have

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15254 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

been closed for many years. The limited preferred alternative. In addition, by statement, that any potential long-term access scallop fishery will continue to failing to account for the displacement clam dredge exemption meets the goals be profitable if these areas remain of fishing effort, the Conservation NGOs and objectives of this Amendment. closed. In addition, the proposed suggest that the EIS does not adequately Comment 36: The Conservation NGOs Georges Bank HMAs do not satisfy the evaluate the practicability of any of the further argue that all of the alternatives objectives of OHA2 to improve action alternatives that were considered. that use gear modifications, such as protection of critical groundfish habitats Response: The Council is not required trawl cable restrictions or elevating or improve refuge for critical life stages to select the most protective alternative, disks, to reduce the impacts of fishing (e.g., spawning fish) and they are regardless of economic impact, but must on EFH rely on unproven methods to inconsistent with the Council’s also consider their costs and benefits. reduce adverse effects of fishing on designation of the Northern Edge The analysis in the EIS shows that the EFH. Because these gear modification Juvenile Cod HAPC that was established selected alternative does minimize options would allow continued fishing in 1998. impacts to the extent practicable and in these vulnerable areas with no Response: NMFS agrees that there are complies with the requirements of the objective assessment of their singular or no new direct costs to the industry if the Magnuson-Stevens Act. NMFS agrees cumulative adverse effects on EFH, the status quo is maintained, although we with the Council that the Great South commenters argue that the measures acknowledge there has been substantial Channel HMA is a practicable HMA that should be disapproved. lost opportunity costs due to the closure minimizes adverse impacts of fishing on Response: NMFS agrees and has of the northern edge that would vulnerable EFH. disapproved the Council’s continue. (See Comment #7.) NMFS Further, unlike the Northern Edge recommendation on Cox Ledge based on agrees with the comments relating to the HAPC, the Great South Channel the recommendation of the Council’s goals and objectives of OHA2 and the Juvenile Cod HAPC is vulnerable to PDT that there was still too much comment that the Council’s proposal for non-fishing impacts, as well as fishing uncertainty regarding the loss in eastern Georges Bank is inconsistent impacts. The Council considered the efficiency from the modified gears to with the designation of the area as a HAPC and how to mitigate or understand if adverse effects would be juvenile cod HAPC, for the reasons compensate for adverse fishing impacts. increased or reduced. described in the preamble. Because NMFS determined that the Council’s Comment 37: The Conservation NGOs NMFS determined that the combination approach to overlaying fishing state that the DHRAs will enhance of newly approved and existing restrictions on the substantial amount of habitat research and adaptive measures that will continue allow each complex, gravel, cobble, and boulder management, but that the proposed of the Council’s FMPs to comply with habitat within the HMA, but outside of sunset provision that allows the DHRAs the EFH requirements of the Magnuson- the HAPC, is an appropriate approach in to lapse after three years if no habitat Stevens Act, we did not remand the this area, rather than simply relying on research is undertaken is unrealistic. entire proposal to the Council for action. the boundaries of the HAPC to dictate The process of developing a research The Council may choose to revisit where the HMA protections should be. proposal, obtaining funding, and habitat protection on the northern edge, Comment 35: The chief concern of the completing all necessary planning can and NMFS would provide the necessary Conservation NGOs with the Council’s take well more than three years. support and guidance throughout that proposed action in Southern New Response: NMFS agrees that the process as we did for this Amendment. England is the temporary one-year DHRAs are an important component of In order to address a number of the exemption for hydraulic clam dredges the Council’s overall plans to continue concerns cited in the preamble that allows them to continue fishing in to improve habitat research and regarding the disapproved measures, most of the area. The Conservation management. NMFS disagrees that the NMFS contends that any future action NGOs maintain that if clam dredging is 3-year sunset provision is inadequate. should thoroughly evaluate the allowed to continue in areas of The EIS describes a variety of geographic extent, duration, and vulnerable bottom habitat after the considerations that the Regional frequency of any future scallop dredging exemption expires, the habitat Administrator should take into account activity within any new access area on protection benefits of the HMA will be when determining if a DHRA the northern edge of the bank and the substantially compromised. designation should be maintained, habitat features that are used by Response: As approved, clam including whether funding has been groundfish at critical life stages that dredging will be prohibited in the Great requested (not simply obtained). The need to be protected from impacts. South Channel HMA after one year. The most important consideration will be Comment 34: Specific to the Southern Council considered the clam fishery’s that the research requires the DHRA to New England region, the commenters unique fishing activity as providing a be successful and that it supports note that the Amendment considered possible basis for allowing limited achieving the Council’s stated habitat more than a dozen alternatives and fishing that would not substantially research goals. options to conserve EFH in this sub- impact EFH for an additional year. The Comment 38: The Conservation NGOs region, yet the Council proposed an 1-year delay in the closure was argue that the reductions of spawning alternative that does not minimize predicated on the understanding that measures from the status quo, adverse effects on EFH to the extent the Council and the clam industry specifically the reduction of current practicable, does not satisfy the goals would be working to identify the less year-round groundfish closure areas to and objectives of the Amendment, and vulnerable portions of the Great South the seasonal areas recommended in the does not effectively conserve the newly Channel HMA where hydraulic clam document, insufficiently protect designated Habitat Area of Particular dredging could be allowed to continue spawning stocks and that there should Concern in the Great South Channel in such a way as to not compromise the be no exemptions from the spawning sub-region. The Council considered an protective benefits of the HMA overall. closures because any fishing can disturb alternative (Alternative 3) that could NMFS is working with the Council to spawning activities. They further assert have achieved these multiple tasks in ensure that any future framework that the spawning measures need to Great South Channel East HMA, yet adjustment achieves these goals and, as address all managed species and all chose a less protective area for its stated in the framework’s problem closure areas should also be

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15255

redesignated as spawning protection directly threaten the future success of regardless of what science dictates.’’ areas. They do not support selection of scallop area management. Providing FSF also notes that not only does the Northeast multispecies Framework access to the most productive areas SASI model not support the contention Adjustment 53 spawning measures. decreases scallop dredge bottom time that ‘‘bigger is better’’ for habitat Response: The Council has and and promotes bycatch reduction, cost closures, but asserts that NMFS staff continues to address spawning efficiency, and safety, and fosters advocated for this approach. protection with a variety of approaches, economic stability in our fishing Response: NMFS agrees that fishery generally relying on species- or fishery- communities. management decisions need to be based specific actions. NMFS agrees with the FSF notes that the Magnuson-Stevens on the best scientific information Council that the measures proposed in Act allows actions for habitat available, and that overall, the Council’s this action augment existing spawning management only within a recommendations meet these standards. protection measures previously enacted, ‘‘practicability’’ standard, and requires However, the SASI model and LISA and, in combination with the approved FMPs only to avoid, minimize, or cluster analyses were not developed to HMAs, achieve the requirements to compensate for adverse impacts to be the sole basis for habitat management minimize to the extent practicable the habitat from fishing, and that the decisions. For example, in areas where adverse effects of fishing on EFH. Council’s recommendations properly there is relatively poor data, the SASI Comment 39: The Conservation NGOs weighed these mandates in choosing model outputs, and consequently, the contend that the proposed preferred alternatives from the many LISA cluster analysis, can overestimate frameworking measures in the options available. That is, the letter the coverage of vulnerable substrate in Amendment are directly contrary to contends the Council’s a specific area if a single data point is NMFS guidance and should be recommendations balanced a ‘‘blown out’’ as the grid develops. This disapproved. By adopting an exhaustive comprehensive and strategic approach is why the Georges Shoal HMA appears, list of issues that can be addressed in a to protecting the improvement of fish through the LISA cluster results, to be framework adjustment, the Council will habitat in New England with economic highly vulnerable. The Council’s PDT, make virtually anything possible benefits to fisheries communities and recognizing this shortcoming, removed through an abbreviated framework the achievement of optimum yield. the layers of the LISA cluster analysis to process that can take place in as few as Response: NMFS agrees that the examine the underlying substrate data. two Council meetings. The commenters Magnuson-Stevens Act requires the Doing so, reveals that the Georges Shoal argue that this approach will make the Council to avoid, minimize, or HMA is not a highly vulnerable area. proposals to modify, adjust, or reduce compensate for adverse effects from Further, the SASI/LISA analyses are not management restrictions implemented fishing on EFH in manner that is the only measures of habitat value in the through this Amendment a continual practicable. NMFS determined that, for target and will not provide these areas the majority of the Council’s EIS. As described above, the utility of the long-term protection that they recommendations, this requirement was the area to fish stocks, represented by require. met. However, for the reasons described the EFH overlap analyses, demonstrate Response: NMFS disagrees. above, the Council’s recommendations that the Georges Shoal HMA value is Framework measures are limited to for eastern Georges Bank did not. As low, despite its much larger size, than adjustments to FMPs and amendments. FSF noted, the Magnuson-Stevens Act current Closed Area II Closure Area. The frameworkable measures allow the requires a habitat protection measure to FSF assertion that NMFS required a Council to modify or adjust previously meet two standards. While the ‘‘bigger is better’’ approach is an considered measures through a less recommendations for this region may incorrect characterization of the onerous approach, provided the have been practicable from an economic Agency’s advice during the measures are not novel or substantial, standpoint, they fell short of minimizing development of the Amendment and of and this is considered when or compensating for adverse effects of our decision. NMFS staff routinely determining in what manner a council fishing on highly vulnerable habitat, pointed to the idea that smaller, higher may address the need for management and within an HAPC designated quality closures were preferable to changes. Further, the Council’s specifically because of its vulnerability larger, less efficient closures in areas of collection of FMPs will still be required to fishing impacts. less vulnerable habitat. We contend that to comply with the requirements of the Comment 42: FSF notes that fishery our decision to disapprove the Council’s Magnuson-Stevens Act to continue to management decisions must be based on recommendation on eastern Georges minimize to the extent practicable the the best scientific information available. Bank supports this approach. The adverse effects of fishing on EFH. As FSF asserts that, despite the Council’s combination of the Council’s two such, substantial changes in habitat thorough efforts to update the scientific mobile bottom-tending gear closures are measures would only be permitted if the record and the abundance of scientific significantly larger than the existing Council could demonstrate, and NMFS information upon which its preferred Closed Area II habitat closure; however, agreed, that the changes would not alternatives were selected, NMFS and these areas are less efficient in compromise that requirement. the EIS continue to inappropriately rely protecting vulnerable habitat, and, Comment 41: The Fisheries Survival on biased, qualitative statements to despite their size, include less EFH for Fund (FSF), representing over 250 full- negatively characterize the Council’s managed species and life stages, as time active Atlantic scallop limited preferred alternative for Georges Bank described above. access permit holders, submitted a (and, to a lesser extent, for Southern Comment 43: FSF states that NMFS detailed comment recommending that New England). The letter states that must approve any FMP amendment we fully implement the amendment as NMFS ‘‘falsely rel[ied] on the premise submitted by a council unless that recommended by the Council as quickly that any decrease in total area where amendment is inconsistent with the as possible, with the exception of the fishing is prohibited results in negative law; that OHA2 is consistent with all ‘‘lobster closure’’ within Closed Area II. impacts to habitat protection— relevant laws; therefore, it must be FSF contends that fishery closures in regardless of the quality of habitat implemented as submitted, with the historic areas of scallop abundance, as located in those areas—and that closed exception of the lobster closure, ‘‘even considered in certain alternatives, areas, once closed, should not re-open if some on NMFS’ staff may not have

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15256 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

selected the same alternatives the unintended consequence of increasing Edge HAPC area is demonstrably Council did.’’ habitat impacts in the open area, incorrect. Our conclusion is based on Response: NMFS agrees that we are especially if it causes increased impacts other indicators of habitat suitability obligated to approve any FMP on sensitive habitats that have not and vulnerability in addition to the amendment submitted by a council if previously been exposed to much output from the SASI model, which the that action is determined to be bottom fishing activity. Council relied on to initially identify consistent with applicable law. NMFS However, this is not likely to happen areas of more vulnerable habitat where disagrees that all of the Council’s in the region affected by this action. other information (e.g., EFH value, recommendations met this standard With the exception of the clam fishery substrate composition, and stability) and; therefore, disapproved the portions operating in proposed habitat proved to be more useful. The mean of the Amendment that did not. management area east of Nantucket, SASI vulnerability scores for bottom Throughout the development of the none of the new HMAs that were trawls for the Georges Shoal area are Amendment, there were alternatives in approved are located in areas where higher than for the HAPC, but only by many areas that NMFS staff there is much mobile bottom-tending about 4 percent and because the HAPC appropriately advocated for that were gear fishing activity that could be was sampled more intensively. Data ultimately not selected as preferred. displaced into vulnerable habitat areas. support for substrate—the key However, with the exception of eastern Hydraulic clam dredge vessels that fish underlying data for the SASI model—is Georges Bank and Cox Ledge, NMFS here are likely to shift into nearby, less much higher there than on Georges approved the Council’s vulnerable sandy habitats in the current Shoal. recommendations. Nantucket Lightship Habitat We agree that it is important to Comment 44: FSF states that through Management Area (which will open evaluate the benefits of spatial habitat the process of developing this because of OHA2) if and when they are management measures across individual amendment, the Council and its required to stop fishing in the new Great groundfish stocks and that the effects of committees made enormous scientific South Channel HMA. In general, any these alternatives on the Georges Bank advances using both new and existing vessel that is forced to leave a recently cod stock in the Great South Channel analytical tools, relying on far more closed area is more likely to move into and Georges Bank sub-region was not detailed substrate profiling information an area that is already being fished explicitly weighed against each other in that was not available when the existing rather than a new undisturbed area, in this action. Nevertheless, this action closures were implemented in the first which case the effects of the additional includes the goal of improving Omnibus Habitat Amendment in 1998, effort will have little added impact on groundfish protections overall. Because such as scallop video survey work by the quality of bottom habitats. In this the Georges Bank cod stock is in such the University of Massachusetts’ School more likely scenario, the habitat benefits poor condition, protection for juvenile for Marine Science and Technology, and of prohibiting fishing in a closed area cod in both the Great South Channel that, therefore, spatial management for would exceed the habitat losses caused and on the northern edge of Georges habitat conservation purposes will be by additional bottom contact in an open Bank is a positive element of this action. improved by the selection of any area. Improving benefits to the Georges Bank science-based alternative. Comment 46: FSF also suggests that stock of cod is best achieved by Response: NMFS agrees, however, the because management measures were approving the Great South Channel scientific information presented in the developed based on consideration of HMA and disapproving the proposed EIS by the Council recognizes that there whole sub-regions, the Council’s HMA in Closed Area II. Further, the are areas within existing closures that proposed measures provide far better rationale for the Council’s proposals on are highly vulnerable to the adverse protections for the depleted Georges eastern Georges Bank does not effects of fishing and that warrant Bank cod stock. FSF’s letter states that adequately justify allowing an increase continued protection. NMFS the proposed action on Georges Bank in adverse effects from fishing on an determined that the Council’s closes approximately 1,120 nm2 of HAPC that was designated specifically recommendations for eastern Georges ocean bottom in areas of ‘‘high because of its vulnerability to fishing. Bank and Cox Ledge were not vulnerability.’’ They further note that Comment 47: The FSF letter also adequately supported by the scientific the areas cover over 600 nm2 of cobble, contends that the HAPC is appropriately information in the EIS, for the reasons boulder, and granule pebble habitat, treated because Reduced Impact HMA described above. which in total exceeds all three no extends into currently open fishing area Comment 45: FSF notes that the action habitat closures combined, and (that would remain open under the supporting analyses for the EIS and that a large area that is currently open Haddock SAP rules) to compensate for proposed rule completely omit any with ‘‘demonstrably high habitat impacts in the HAPC. Further, the consideration of possible unintended vulnerability on Georges Shoal would comment states, ‘‘it is entirely consequences that can, and do, result be completely closed to fishing.’’ They permissible to allow fishing in the from effort displacement in areas with also note that most of the existing HAPC.’’ They also note that rotational mixed fisheries. FSF contends that such Northern Edge habitat closure would scallop fishing will not have unlimited consequences could readily nullify any remain closed and that only the adverse habitat impacts and that any possible benefits of closures or even Northern Edge Reduced Impact HMA increased impacts in Reduced Impact incur greater harm to fishery resources. would be open to rotational scallop HMA are offset by reduced bottom Failure to consider fishermen’s fishing. Last, they state that the Great contact time. behavioral changes associated with South Channel HMA covers 1,400 nm2 Response: NMFS agrees that the closures can undermine the that is highly vulnerable, and that this designation of an area as an HAPC does achievement of fishery management alternative ‘‘includes more than not inherently require a fishing closure goals. sufficient mitigation measures to offset in the area. However, the Council Response: NMFS agrees that this action.’’ provided insufficient information to displacement of fishing effort from an Response: As noted above, the understand which aspects of the area area that is closed into an area that is suggestion that the Georges Shoal HMA are critical to juvenile cod survival, how open to fishing could have an is more vulnerable than the Northern those aspects of the habitat are impacted

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15257

by scallop dredges, the recovery time for items that may be modified through the APA’s requirement for a 30-day such impacts, and the anticipated framework action. delay in effectiveness. rotation periods for scallop fishing that Response: NMFS agrees and is Additionally, pursuant to 5 U.S.C. would sufficiently address the implementing the recommendation as 553(d)(3), the Assistant Administrator practicability of any proposed fishing or proposed. for Fisheries finds good cause to waive the 30-day delay in effectiveness for the protective measures. Without a more Classification full discussion of these critical remainder of the rule’s provisions components, it is not possible to The Administrator, Greater Atlantic because such a delay is unnecessary and sufficiently evaluate the nature, extent, Region, NMFS, determined that the contrary to the public interest. The and scope of rotational scallop fishing approved portions of OHA2 are delayed effectiveness is intended to that may be permitted in the Northern necessary for the conservation and provide adequate time for the affected Edge HAPC. The Council’s management of the New England public to comply with the new recommendations in this Amendment Fishery Management Council’s fishery regulations. Because this rule is being would open the most vulnerable management plans and that the final implemented at the start of the fishing portions of the HAPC and do not rule is consistent with the Magnuson- year when these types of changes are adequately avoid, mitigate, or Stevens Fishery Conservation and typically implemented and expected, compensate for those adverse effects. Management Act and other applicable there is minimal effort or time needed The Council’s recommendation to allow laws. for vessel owners to come into The Council prepared a final even rotational fishing in this sensitive compliance with the new measures, environmental impact statement for the habitat appears to be inconsistent with which generally only requires updating Omnibus Essential Fish Habitat its own rationale for the designation that navigation systems to identify the new Amendment 2. The EIS was filed with the habitat in this area is particularly areas. In addition, fishermen are the Environmental Protection Agency susceptible to adverse fishing effects accustomed to adjusting to changes in on October 18, 2017. A notice of and warrants particular concern and available fishing areas. availability was published on October consideration. Implementing the measures at the 27, 2017 (82 FR 49802). In approving Comment 48: The scallop industry start of the fishing provide allows the the amendment on January 3, 2018, argues that the ‘‘lobster closure’’ should fishing industry the maximum amount NMFS issued a Record of Decision of time to fish in newly available areas. be rejected because it violates Council (ROD) identifying the selected As such, the delay in effectiveness is policy and adequate alternatives were alternative. A copy of the ROD is unnecessary to allow sufficient time for not analyzed. available from NMFS (see ADDRESSES). vessel owners to comply with the new Response: NMFS is disapproving the This rule has been determined to be structure. Further, because NMFS’s lobster closure in conjunction with the significant for purposes of Executive partial approval of the Council’s recommendations on eastern Georges Orders (E.O.) 12866. Thus, this final recommendations was announced in Bank. We agree that further discussion rule is considered an E.O. 13771 early January, the affected public, i.e., of this issue would be beneficial if the deregulatory action. For the reasons primarily the commercial groundfish, Council decides to revisit habitat stated earlier regarding updated scallop scallop, and clam industries, have been management in Closed Area II. biomass information, in the well aware of what changes are coming Comment 49: FSF supported the accompanying EIS, and ‘‘Description of and have been anticipating the changes designation of a DHRA within the Methods and Supplemental Analysis of implemented via this rule. existing Closed Area I South in Georges Economic Benefits of OHA2,’’ we Although this rule does impose new Bank. The scallop industry proposed anticipate this rule will result in restrictions in that certain areas this area to be dedicated to research additional harvest opportunities. previously opened will be closed, the because of the importance of ongoing Congressional Review Act: The Office overall impact of the measures being scallop studies there. The fleet has of Information and Regulatory Affairs implemented is a reduction in collected video survey data in the area has determined that this rule is major management restrictions in the majority that will serve as baseline information under 5 U.S.C. 801 et seq. Under 5 of the areas considered. Particularly for future studies. These studies will U.S.C. 808, the minimum 60-day delay significant is the removal of Closed Area provide valuable information about in effectiveness required for major rules I and the Nantucket Lightship Closure scallop productivity, distribution, is not applicable because this rule Areas that will allow the scallop fishery, abundance, and growth. The establishes a regulatory program for a via Scallop Framework Adjustment 29, designation of the DHRA is expected to commercial activity related to fishing. to establish access areas and allocations streamline the permitting process for This rule does not contain policies that are projected to result in an these research activities and to reduce with Federalism, as defined in E.O. additional $140–160 million in administrative hurdles. Areas that are 13132, or ‘‘takings,’’ as clarified in E.O. potential fishing revenue for the scallop designated as DHRAs must have sunset 12630. fishery in the coming year. The provisions that will open an area if there Section 553 of the Administrative regulated entities will benefit far more is no habitat research conducted there Procedure Act (APA) establishes from these provisions that lift within three years. FSF contends that procedural requirements applicable to restrictions going into immediate effect, there is no benefit to excluding rulemaking by Federal agencies. The than they would be disadvantaged by commercial fishing from a DHRA if purpose of these requirements is to the waiver of the 30-day delay for the there is no interest in or capacity for ensure public access to the Federal aspects of the rule that impose actively pursuing research there. rulemaking process and to give the restrictions. Even in areas that are Response: NMFS agrees and is public opportunity for comment as well resulting in new closures, the impacts implementing the DHRAs with the as adequate notice. Because this rule are minimal because the Eastern Maine sunset provisions, as recommended. opens some areas that are currently HMA closure is not expected to have Comment 50: Additionally, FSF closed, those portions of the regulations any immediate impact on mobile supported adding changes in HMA are relieving restrictions and, pursuant bottom-tending gear fishing; the designations or restrictions to the list of to 5 U.S.C. 553(d)(1), are not subject to hydraulic clam dredge fishery is

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15258 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

exempted for one year from the date of Description and Estimate of the Number vessels, these two persons would be implementation of the Great South of Small Entities To Which the Rule considered a separate ownership entity. Channel HMA; the Closed Area I Would Apply On June 1 of each year, NMFS identifies ownership entities based on a Seasonal Closure is the same footprint The Small Business Administration list of all permits for the most recent as current year-round closure; and the (SBA) defines a small business as one complete calendar year. The current Spring Massachusetts Bay Spawning that is: ownership dataset used for this analysis Closure is small and not effective until • Independently owned and operated; was created based on calendar year 2014 April 15. Thus, NMFS finds good cause • Not dominant in its field of and contains average gross sales to waive the 30-delay in effectiveness operation; associated with those permits for because it is in the regulated entities’ • Has annual receipts that do not calendar years 2012 through 2014. interest. exceed— Æ In addition to classifying a business A final regulatory flexibility analysis $20.5 million in the case of (ownership entity) as small or large, a (FRFA) was prepared for this action. commercial finfish harvesting entities business can also be classified by its The FRFA incorporates the IRFA, a (NAIC 1 114111) Æ primary source of revenue. A business summary of the significant issues raised $5.5 million in the case of is defined as being primarily engaged in by the public comments in response to commercial shellfish harvesting entities fishing for finfish if it obtains greater the IRFA, and NMFS responses to those (NAIC 114112) Æ than 50 percent of its gross sales from comments, and a summary of the $7.5 million in the case of for-hire sales of finfish. Similarly, a business is analyses completed to support the fishing entities (NAIC 114119); or defined as being primarily engaged in action. A copy of this analysis is • Has fewer than— Æ fishing for shellfish if it obtains greater available from the Council (see 750 employees in the case of fish than 50 percent of its gross sales from ADDRESSES). A summary of this analysis processors Æ sales of shellfish. is provided below. 100 employees in the case of fish A description of the specific permits Section 212 of the Small Business dealers. that are likely to be affected by this Regulatory Enforcement Fairness Act of This rule affects commercial and action is provided below, along with a 1996 states that, for each rule or group recreational fish harvesting entities discussion of the impacted businesses, of related rules for which an agency is engaged in fisheries throughout New which can include multiple vessels and/ required to prepare a FRFA, the agency England that utilize bottom-trawls (large or permit types. shall publish one or more guides to and small mesh), longlines, rod and NMFS issued a final rule establishing assist small entities in complying with reel, gillnets, pots and traps, scallop a small business size standard of $11 the rule, and shall designate such dredges, and hydraulic clam dredges. million in annual gross receipts for all publications as ‘‘small entity The gears primarily affected by this businesses primarily engaged in the compliance guides.’’ The agency shall action are two non-mutually exclusive commercial fishing industry (NAICS explain the actions a small entity is fishing operations: Fishermen using 11411) for RFA compliance purposes required to take to comply with a rule gears capable of catching groundfish only (80 FR 81194; December 29, 2015). or group of rules. As part of this and fishermen using mobile bottom- The $11 million standard became rulemaking process, a letter to permit tending gears. Individually permitted effective on July 1, 2016, and is holders that also serves as a small entity vessels may hold permits for several intended to be used in place of the compliance guide was prepared. Copies fisheries, harvesting species of fish that SBA’s current standards of $20.5 of this final rule are available from the are regulated by several different FMPs. million, $5.5 million, and $7.5 million Greater Atlantic Regional Fisheries Furthermore, multiple-permitted vessels for the finfish (NAICS 114111), shellfish Office (GARFO), and the guide, i.e., and/or permits may be owned by (NAICS 114112), and other marine permit holder letter, will be sent to all entities affiliated by stock ownership, fishing (NAICS 114119) sectors, holders of any GARFO permit because common management, identity of respectively, of the U.S. commercial many of the measures impact fisheries interest, contractual relationships, or fishing industry. at the gear, rather than permit, level. economic dependency. For the purposes The Council took final action on The guide and this final rule will be of the Regulatory Flexibility Act (RFA) OHA2 in June 2015, and the analyses in available upon request. analysis, the ownership entities, not the support of this action were developed individual vessels, are considered the throughout the decision process and A Statement of the Need for and regulated entities. following the Council’s action, but prior Objectives of the Rule Ownership entities are defined as to July 1, 2016. This analysis was not those entities with common ownership updated to reflect a small business re- A statement of the necessity for and personnel as listed on the permit classification for all of the vessels for the objectives of this action are application. Only permits with identical affected by this amendment using our contained in the Omnibus Amendment ownership personnel are categorized as new size-standards because we have EIS, Volume 1, and in the preamble to an ownership entity. For example, if determined that this analysis provides a this final rule, and is not repeated here. five permits have the same seven sufficient estimate of the number of A Summary of the Significant Issues persons listed as co-owners on their small entities to which the proposed Raised by the Public in Response to the permit application, those seven persons rule applies for purposes of determining IRFA, a Summary of the Agency’s would form one ownership entity that this action’s impacts on small entities Assessment of Such Issues, and a holds those five permits. If two of those and the considerations required under Statement of Any Changes Made in the seven owners also co-own additional the RFA. For the fisheries directly Final Rule as a Result of Such affected by this rule, RFA analyses have Comments 1 The North American Industry Classification been completed on other actions since System (NAICS) is the standard used by Federal the implementation of the revised size statistical agencies in classifying business No significant issues relative to the establishments for the purpose of collecting, standard. As described in the IRFA, data IRFA were raised in the public analyzing, and publishing statistical data related to showed a change in the total number of comments. the U.S. business economy. entities from the last fishery

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15259

management action analyzed under the Regulated Commercial Fish Harvesting minimize to the extent practicable the SBA size standards and the first fishery Entities adverse effects of fishing on essential management action analyzed under the fish habitat. For fisheries that use gears revised NMFS policy standard. Table 2 describes revenue by business capable of catching groundfish, this However, in terms of percentage of each type (large or small) and Table 3 final rule additionally restricts location of the major affected fisheries, the size describes the total number of and timing of fishing to minimize standard change results in minimal commercial business entities potentially impacts on spawning groundfish. regulated by the action. As of the time changes in categories. As a result, the According to the EIS, individuals of the Council’s decisionmaking (2015), revised size standard does not change fishing with mobile bottom-tending gear there were 4,071 small businesses (925 the conclusions of the analysis or and midwater trawls tend to generate a finfish, 2,713 shellfish, 433 for-hire) and notably change the estimation of the substantial portion of their revenue from 18 large businesses (all shellfish) impact on small entities from this other gear types. The vast majority of potentially affected by this action. For individuals either fishing with mobile action. As such, it is reasonable to rely fisheries utilizing mobile bottom- bottom-tending gear capable of catching upon the Council’s economic analyses. tending gear, the approved action groundfish or for-hire do not deviate No comments or concerns were received directly regulates affected entities from that mode, which could relate to specific to this analysis or about the through restrictions on when and where the specialized nature of either the change in size classifications. vessels may fish to comply with the vessels or the captains’ skills needed for Magnuson-Stevens Act requirement to these types of fishing.

TABLE 2—BUSINESS REVENUE BY TYPE

Business Business Shellfish Finfish For-hire Year NAICS classification type revenue revenue revenue revenue

2012 ...... Finfish ...... Small ...... $217,560,996 $33,546,543 $183,380,312 $634,141 2012 ...... For-hire ...... Small ...... 56,153,981 331,674 611,532 55,210,775 2012 ...... Shellfish ...... Large ...... 265,665,371 242,801,113 22,860,746 3,512 2012 ...... Shellfish ...... Small ...... 710,485,816 679,195,607 30,897,738 392,471 2013 ...... Finfish ...... Small ...... 191,870,635 25,008,297 166,326,851 535,487 2013 ...... For-hire ...... Small ...... 55,556,751 125,755 588,984 54,842,012 2013 ...... Shellfish ...... Large ...... 228,892,465 208,244,173 20,642,659 5,633 2013 ...... Shellfish ...... Small ...... 690,608,565 663,848,959 26,381,386 378,220 2014 ...... Finfish ...... Small ...... 209,370,022 23,888,931 185,335,274 145,817 2014 ...... For-hire ...... Small ...... 57,843,562 15,735 412,061 57,415,766 2014 ...... Shellfish ...... Large ...... 223,065,022 202,580,548 20,484,474 ...... 2014 ...... Shellfish ...... Small ...... 741,518,137 717,031,087 24,316,466 170,584

TABLE 3—NUMBER OF BUSINESSES AND REVENUE GENERATED BY SMALL AND LARGE BUSINESSES, BY COMMERCIAL GEAR CLASSIFICATION [MBTG = Mobile bottom-tending gear, Groundfish = gear capable of catching groundfish, Both = Both MBTG and Groundfish designation, Midwater = Midwater trawls, Clam = clam dredge. Note some data not presented for privacy concerns.]

Number of Year Gear type Business type businesses VTR revenue

2012 ...... Both ...... Large ...... 17 $231,658,238 2012 ...... Both ...... Small ...... 574 580,827,338 2013 ...... Both ...... Large ...... 17 185,435,086 2013 ...... Both ...... Small ...... 539 445,971,382 2014 ...... Both ...... Large ...... 17 173,348,111 2014 ...... Both ...... Small ...... 528 396,470,511 2012 ...... Clam ...... Large ...... 5 31,160,893 2012 ...... Clam ...... Small ...... 42 27,738,596 2013 ...... Clam ...... Large ...... 4 30,008,134 2013 ...... Clam ...... Small ...... 47 27,874,110 2014 ...... Clam ...... Large ...... 2 ...... 2014 ...... Clam ...... Small ...... 41 26,867,813 2012 ...... Groundfish ...... Large ...... 2 ...... 2012 ...... Groundfish ...... Small ...... 668 74,103,358 2013 ...... Groundfish ...... Large ...... 2 ...... 2013 ...... Groundfish ...... Small ...... 605 47,920,414 2014 ...... Groundfish ...... Large ...... 1 ...... 2014 ...... Groundfish ...... Small ...... 592 48,959,328 2012 ...... MBTG ...... Large ...... 3 1,072,716 2012 ...... MBTG ...... Small ...... 125 6,120,800 2013 ...... MBTG ...... Large ...... 3 1,375,902 2013 ...... MBTG ...... Small ...... 87 2,940,183 2014 ...... MBTG ...... Large ...... 3 1,216,387 2014 ...... MBTG ...... Small ...... 26 2,857,405 2012 ...... Midwater ...... Large ...... 3 9,289,884 2012 ...... Midwater ...... Small ...... 14 22,865,976 2013 ...... Midwater ...... Large ...... 3 5,535,922

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15260 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

TABLE 3—NUMBER OF BUSINESSES AND REVENUE GENERATED BY SMALL AND LARGE BUSINESSES, BY COMMERCIAL GEAR CLASSIFICATION—Continued [MBTG = Mobile bottom-tending gear, Groundfish = gear capable of catching groundfish, Both = Both MBTG and Groundfish designation, Midwater = Midwater trawls, Clam = clam dredge. Note some data not presented for privacy concerns.]

Number of Year Gear type Business type businesses VTR revenue

2013 ...... Midwater ...... Small ...... 13 26,214,983 2014 ...... Midwater ...... Large ...... 3 4,909,077 2014 ...... Midwater ...... Small ...... 14 25,058,119 2012 ...... Other ...... Large ...... 2 ...... 2012 ...... Other ...... Small ...... 566 79,087,347 2013 ...... Other ...... Large ...... 4 ...... 2013 ...... Other ...... Small ...... 539 80,355,177 2014 ...... Other ...... Large ...... 3 ...... 2014 ...... Other ...... Small ...... 514 84,446,720

Description of the Projected Reporting, Channel HMA was designed to Maine Habitat Management Area Record-keeping, and Other Compliance minimize impact to the scallop fishery, (HMA), closed to all mobile bottom- Requirements of This Proposed Rule particularly the design of the eastern tending gears. (Note, the regulations The action does not contain a boundary. Scallops occur primarily at refer to this area as simply the ‘‘Eastern collection-of-information requirement depths beyond the closure boundary. Maine HMA.’’) Other alternatives subject to review and approval by the There is not a significant amount of considered would have continued with Office of Management and Budget trawl fishing in that area because of the no habitat management in this sub- (OMB) under the Paperwork Reduction high level of natural disturbance. The region or implemented one or more Act (PRA), and the rule does not impose hydraulic clam fishery will be allowed additional areas. The Toothaker Ridge any other reporting or record-keeping to continue to operate in this HMA for HMA, the Large Eastern Maine HMA, requirements. This final rule requires 1 year, while the Council develops more the Machias HMA, and the Small compliance only with standard fishing- discrete exemption areas. It is expected Eastern Maine were assembled into two related issues, including compliance that the subsequent action will attempt alternatives. The EIS concluded, and with gear restricted fishing areas or to balance the economic needs of the NMFS agreed, that the Small Eastern seasons. clam fishery with the objectives of Maine HMA achieves a notable level of OHA2 and the EFH protections required protection for vulnerable habitat Description of the Steps the Agency Has by the Magnuson-Stevens Act. without significant economic impacts. Taken To Minimize the Significant The approved measures that will In the Central Gulf of Maine, this Economic Impact on Small Entities increase fishing opportunities include: action maintains the existing Cashes Consistent With the Stated Objectives of (1) Modifying the Western Gulf of Maine Ledge Groundfish Closure Area, Applicable Statutes Groundfish Closure Area by aligning the modifies the existing Jeffreys Bank and The economic impacts of each type of eastern boundary with the Habitat Cashes Ledge Habitat Closure Areas, habitat management measure are Closure Area; (2) modifying the Jeffreys with their current fishing restrictions discussed in more detail in Volumes 3, Bank Habitat Closure Area and exposing and exemptions, establishes the 4, and 5 of the EIS. Because the primary the deeper, northern portion to potential Fippennies Ledge HMA, closed to objective of the Amendment is to fishing; (3) eliminating the Nantucket mobile bottom-tending gears, and the comply with the Magnuson-Stevens Act Lightship Groundfish and Habitat Ammen Rock HMA, closed to all fishing requirement to minimize to the extent Closure Areas; and (4) implementing except lobster traps. Other alternatives practicable the adverse effects of fishing Closed Area I North as a seasonal, considered would have various on EFH, a variety of combinations of versus year-round, closure area. The combinations of eight total areas. In areas could have achieved those goals. partial opening of the areas in the Gulf addition to the areas recommended as The EFH and HAPC designations are of Maine are expected to result in preferred, the Council considered primarily administrative in nature and modest increases in groundfish revenue. habitat management in the existing are not expected to result in any direct The opening of the Nantucket Lightship Jeffreys Bank and Cashes Ledge habitat economic impacts to the fisheries; and Closed Area I Closure Areas are closure areas, two areas on Platts Bank although, indirect positive affects to expected to result in notable increases and a small area on the top of stocks are expected. in scallop fishing. Scallop Framework Fippennies Ledge. The Council did not In general, the overall approved Adjustment 29, which is intended to set recommend the areas on Platts Bank changes are relatively modest, management measures for the 2018 and because of the concern regarding the particularly when compared to other 2019 scallop fishing years, estimates displacement of current fishing and the alternatives considered. The majority of that with access to these newly opened economic impact to a sub-set of the areas approved are already closed to areas will result in an additional $140– fleet. The final approved measures fishing. The current open areas that will 160 million to the scallop fishery provide the best habitat protection close include the Eastern Maine HMA beyond what the status quo measures without significant economic impacts. and the Great South Channel HMA. As would have generated. In the Western Gulf of Maine, this described above, there is currently very action maintains the existing Western Habitat Management Measure little mobile bottom-tending gear fishing Gulf of Maine Habitat Closure Area, Alternatives in the Eastern Maine HMA because closed to mobile bottom-tending gears, groundfish stocks have decreased In the Eastern Gulf of Maine, this and modifies the eastern boundary of locally in that region. The Great South action establishes the Small Eastern the Western Gulf of Maine [Groundfish]

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15261

Closure Area to align with the Habitat above. The final approved measures Administrator would consult with the Closure Area, while maintaining the maintain a long-standing closure, but Council as to whether the designation current fishing restrictions and opens Closed Area I. As described should be retained. The Council requirements. An exemption area within above, the opening of Closed Area I is considered three potential DHRAs, with the northwest corner of those closures expected to result in significant varying management restrictions within for shrimp trawls is also established and economic gains for the scallop fishery. them. The action establishes the Georges the existing Roller Gear Restricted Area In the Great South Channel, this Bank DHRA (footprint is the same as the requirements is designated as a habitat action establishes the Great South existing Closed Area I South Habitat protection measure. Other alternatives Channel HMA, closed to mobile bottom- Closure) and the Stellwagen DHRA would have established a large tending gear, except hydraulic clam (footprint within the existing Western (Council’s Alternatives 3 and 4 in dredges for 1 year, outside of the Gulf of Maine Habitat Closure). The Volume 3 of the EIS) or small northeast corner of the area. The Council considered two ‘‘reference (Alternative 5) version of a closure area Nantucket Lightship Habitat Closure areas’’ within the Stellwagen DHRA that along the state waters boundaries of Area and the Nantucket Lightship would have prohibited all fishing, New Hampshire and Maine covering Closed Area are removed. Other including recreational groundfish Bigelow Bight, which was deemed by alternatives were variations around the fishing. No reference area was the Council to have overly severe approved alternative, some extending recommended and none will be economic impacts. Still other options farther to the east, and some extending implemented. The Georges Bank DHRA included consideration of breaking up farther to the west. The Council also is closed to all mobile bottom-tending the existing Western Gulf of Maine recommended an HMA on Cox Ledge gear. The Stellwagen DHRA is closed to Habitat Closure Area to focus on the that would have prohibited hydraulic all mobile bottom-tending gear, sink most vulnerable sections of Jeffreys clam dredges and ground cables on gillnet gear, and demersal longline gear. Ledge and Stellwagen Bank, either in trawl vessels. That recommendation was two smaller combinations (Alternatives disapproved for the reasons described Framework Adjustments and 4 and 5) or only a larger section of the above. The Council also considered a Monitoring Stellwagen Bank area (Alternatives 3 single box to cover both Cox Ledge Through this action, the designation and 6). Finally, one option would have areas. The opening of the Nantucket or removal of HMAs and changes to implemented the roller gear restriction Lightship Closure Areas is expected to fishing restrictions within HMAs may over only the footprint of the other result in significant economic gains for be considered in a future framework proposed habitat management areas the scallop fishery in 2018 and 2019. adjustment. In addition, this action (Alternative 7b). establishes a review process to evaluate On Georges Bank, this final action Groundfish Spawning Measure Alternatives the performance of habitat and maintains the Closed Area II groundfish spawning protection measures. Finally, and habitat closure areas, but removes In the Gulf of Maine, the final rule this action establishes a commitment by the Closed Area I groundfish and habitat establishes two new, relatively small the Council to identify and periodically closures as year-round closures. cod spawning protections. They include revise research priorities to improve Various combinations of 19 areas, the Winter Massachusetts Bay Spawning habitat and spawning area monitoring. including the 5 existing habitat and Closure, which would be in effect from Alternatively, the Council considered groundfish closed areas, were November 1–January 31 of each year, not implementing a new process for considered for this sub-region. When and a 2-week closure (April 15–April habitat and spawning protection combined, these areas covered nearly 30) within statistical area 125. Other measures review and modification and the entire Bank area from the Hague alternatives considered would have Line up to the Great South Channel. using the existing ad-hoc process under reinstated or added to existing rolling its authority currently. Some areas were deemed too costly closures in the Western Gulf of Maine. from an economic standpoint because of On Georges Bank, this action List of Subjects in 50 CFR Part 648 their size or specific location. These establishes the existing Closed Area II Fisheries, Fishing, Recordkeeping and areas included the two alternatives Groundfish Closure Area and the Closed reporting requirements. across the majority of the bank: The Area I North Habitat Closed Area as Northern Georges mobile bottom- seasonal closures from February 1–April Dated: March 29, 2018. tending gear closure (Alternative 8) and 15, and removes the May Georges Bank Alan D. Risenhoover, the Northern Georges gear modification Spawning Closure. The Council Acting Deputy Assistant Administrator for area (Alternatives 5). Various options of considered making all of the existing Regulatory Programs, National Marine smaller areas on Georges Shoal, namely Closed Area I groundfish closure area a Fisheries Service. the Georges Shoal 1 (Alternative 5), seasonal spawning closure, but instead For the reasons stated in the Georges Shoal Gear Modification Area chose just the subset of that area in the preamble, 50 CFR part 648 is amended (Alternative 4), Georges Shoal 2 northern portion. as follows: (Alternative 7), and Western HMA Management alternatives in both (Alternative 9), were also considered. regions included all commercial gears PART 648—FISHERIES OF THE Further variations focused more on the capable of catching groundfish NORTHEASTERN UNITED STATES northern edge, included the Northern (recreational fishing exempted), all Edge HMA in Alternatives 3 and 4; two commercial and recreational gears ■ 1. The authority citation for part 648 variations of expanding the existing capable of catching groundfish, and an continues to read as follows: Closed Area II habitat closure exemption for scallop dredges. Authority: 16 U.S.C. 1801 et seq. (Alternatives 6A and 6B); the EFH South HMA as part of Alternative 7; the Dedicated Habitat Research Area ■ 2. Amend § 648.2 as follows: Eastern HMA and a Mortality Closure in Alternatives ■ a. Revise the definition of ‘‘Bottom- Alternative 9. The Council’s This action establishes two DHRAs. tending mobile gear;’’ recommendation (Alternative 10) was The DHRAs will be effective for 3 years, ■ b. Add a definition for ‘‘Bridles,’’ in disapproved for the reasons described at which time the Regional alphabetical order;

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15262 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

■ c. Revise the definition of ‘‘Gillnet vessel issued an Areas 2⁄3 Open Access (12) Unless otherwise exempted, fish gear capable of catching multispecies;’’ Herring Permit on a declared herring in the Dedicated Habitat Research Areas ■ d. Add a definition for ‘‘Ground trip or a vessel issued an All Areas defined in § 648.371. cables,’’ in alphabetical order; and Open Access Herring Permit fishing * * * * * ■ e. Revise the definition of ‘‘Open with midwater trawl gear in (i) * * * areas.’’ Management Areas 1A, 1B, and/or 3, as (1) * * * The revisions and additions read as defined in § 648.200(f)(1) and (3), and (vi) * * * follows: herring carriers must provide notice of (A) * * * the following information to NMFS: (1) Fish for scallops in, or possess or § 648.2 Definitions. Vessel name, permit category, and land scallops from, the EFH Closed * * * * * permit number; contact name for Areas and Habitat Management Areas Bottom-tending mobile gear, means coordination of observer deployment; specified in §§ 648.61 and 648.370, gear in contact with the ocean bottom, telephone number for contact; the date, respectively. and towed from a vessel, which is time, and port of departure; gear type; (2) Transit or enter the EFH Closure moved through the water during fishing target species; and intended area of Areas or Habitat Management Areas in order to capture fish, and includes fishing, including whether the vessel specified in §§ 648.61 and 648.370, otter trawls, beam trawls, hydraulic intends to engage in fishing in the respectively, except as provided by dredges, non-hydraulic dredges, and Northeast Multispecies Closed Areas § 648.61(b). seines (with the exception of a purse (Closed Area I North (§ 648.81(c)(3)), * * * * * seine). Closed Area II (§ 648.81(a)(5)), Cashes (k) * * * Bridles connect the wings of a bottom Ledge Closure Area (§ 648.81(a)(3)), and (6) * * * trawl to the ground cables. The ground Western GOM Closure Area (i) * * * cables lead to the doors or otter boards. (§ 648.81(a)(4))) at any point in the trip. (E) Use, set, haul back, fish with, The doors are attached to the towing Trip notification calls must be made no possess on board a vessel, unless stowed vessel via steel cables, referred to as more than 10 days in advance of each and not available for immediate use as wires or warps. Each net has two sets of fishing trip. The vessel owner, operator, defined in § 648.2, or fail to remove, bridles, one on each side. or manager must notify NMFS of any sink gillnet gear and other gillnet gear * * * * * trip plan changes at least 12 hr prior to capable of catching NE multispecies, Gillnet gear capable of catching vessel departure from port. with the exception of single pelagic multispecies means all gillnet gear * * * * * gillnets (as described in except pelagic gillnet gear specified at ■ 4. Amend § 648.14 by: § 648.81(b)(2)(ii) and (d)(5)(ii)), in the § 648.81(b)(2)(ii) and (d)(5)(ii) and ■ a. Revising paragraph (b)(10); areas and for the times specified in pelagic gillnet gear that is designed to ■ b. Adding paragraphs (b)(11) and (12); § 648.80(g)(6)(i) and (ii), except as fish for and is used to fish for or catch ■ c. Revising paragraphs (i)(1)(vi)(A)(1) provided in § 648.80(g)(6)(i) and (ii), tunas, swordfish, and sharks. and (2), (k)(6)(i)(E), (k)(6)(ii)(A)(5), and and § 648.81(b)(2)(ii) and (d)(5)(ii), or * * * * * (k)(7)(i)(A) through (D); unless otherwise authorized in writing Ground cables on a bottom trawl run ■ d. Removing and reserving paragraph by the Regional Administrator. between the bridles, which attach (k)(7)(i)(E); * * * * * directly to the wings of the net, and the ■ e. Revising paragraph (k)(7)(i)(F); (ii) ■ doors, or otter boards. The doors are f. Removing and reserving paragraph (A) attached to the towing vessel via steel (k)(7)(i)(G); and (5) Enter, fail to remove sink gillnet ■ cables, referred to as wires or warps. g. Revising paragraphs (k)(7)(ii), gear or gillnet gear capable of catching * * * * * (k)(12)(iii)(B), (k)(16)(iii)(B), and (r)(2)(v) NE multispecies from, or be in the areas, Open areas, with respect to the and (vi). and for the times, described in The revisions and addition read as Atlantic sea scallop fishery, means any § 648.80(g)(6)(i) and (ii), except as follows: area that is not subject to restrictions of provided in §§ 648.80(g)(6)(i) and the Sea Scallop Rotational Areas § 648.14 Prohibitions. 648.81(i). specified in §§ 648.59 and 648.60, the * * * * * * * * * * Northern Gulf of Maine Management (b) * * * (7) * * * Area specified in § 648.62, EFH Closed (10) Fish with bottom-tending gear (i) * * * Areas specified in §§ 648.61 and within the Frank R. Lautenberg Deep- (A) Groundfish Closure Area 648.370, Dedicated Habitat Research sea Coral Protection Area described at restrictions. Enter, be on a fishing vessel areas specified in § 648.371, or the § 648.372, unless transiting pursuant to in, or fail to remove gear from the EEZ Frank R. Lautenberg Deep-Sea Coral § 648.372(d), fishing lobster trap gear in portion of the areas described in Protection Area described in § 648.372. accordance with § 697.21 of this § 648.81(a)(3), (4), and (5) and (d)(3), * * * * * chapter, or fishing red crab trap gear in except as provided in § 648.81(a)(2), ■ 3. Amend § 648.11 by revising accordance with § 648.264. Bottom- (d)(2), and (i). paragraph (m)(1) to read as follows: tending gear includes but is not limited (B) Groundfish Closure Area to bottom-tending otter trawls, bottom- possession restrictions. Fish for, harvest, § 648.11 At-sea sea sampler/observer tending beam trawls, hydraulic dredges, possess, or land regulated species in or coverage. non-hydraulic dredges, bottom-tending from the closed areas specified in * * * * * seines, bottom longlines, pots and traps, § 648.81(a) through (d) and (n), unless (m) * * * and sink or anchored gill nets. otherwise specified in § 648.81(c)(2)(iii), (1) Pre-trip notification. At least 48 hr (11) If fishing with bottom-tending (d)(5)(i), (iv), (viii), and (ix), (i), (b)(2), or prior to the beginning of any trip on mobile gear, fish in, enter, be on a as authorized under § 648.85. which a vessel may harvest, possess, or fishing vessel in, the EFH closure areas (C) Restricted Gear Areas. (1) Fish, or land Atlantic herring, a vessel issued a described in § 648.371, unless otherwise be in the areas described in Limited Access Herring Permit or a exempted. § 648.81(f)(3) through (6) on a fishing

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15263

vessel with mobile gear during the time § 648.81(d)(5)(v) when fishing in the § 648.2. Guidelines for this area rotation periods specified in § 648.81(f)(1), areas described in § 648.81(b)(3) and (4) program (i.e., when to close an area and except as provided in § 648.81(f)(2). and (d) during the time periods reopen it to scallop fishing) are (2) Fish, or be in the areas described specified. provided in § 648.55(a)(6). Whether a in § 648.81(f)(3) through (5) on a fishing * * * * * rotational area is open or closed to vessel with lobster pot gear during the (r) * * * scallop fishing in a given year, and the time periods specified in § 648.81(f)(1). (2) * * * appropriate level of access by limited (3) Deploy in or fail to remove lobster (v) Fish with midwater trawl gear in access and LAGC IFQ vessels, are pot gear from the areas described in any Northeast Multispecies Closed Area, specified through the specifications or § 648.81(f)(3) through (5), during the as defined in § 648.81(a)(3) through (5) framework adjustment processes time periods specified in § 648.81(f)(1). and (c)(3) and (4), without a NMFS- defined in § 648.55. When a rotational (D) Georges Bank Seasonal Closure approved observer on board, if the area is open to the scallop fishery, it is Areas. Enter, fail to remove gear from, vessel has been issued an Atlantic called an Access Area and scallop or be in the areas described in herring permit. vessels fishing in the area are subject to § 648.81(c) during the time periods (vi) Slip or operationally discard the Access Area Program Requirements specified, except as provided in catch, as defined at § 648.2, unless for specified in this section. Areas not § 648.81(c)(2). one of the reasons specified at defined as Scallop Rotational Areas (E) [Reserved] § 648.202(b)(2), if fishing any part of a specified in § 648.60, EFH Closed Areas (F) Closed Area II. Enter or be in the tow inside the Northeast Multispecies specified in §§ 648.61 and 648.370, area described in § 648.81(a)(5) on a Closed Areas, as defined at Dedicated Habitat Research Areas fishing vessel, except as provided in § 648.81(a)(3) through (5) and (c)(3) and specified in § 648.371, or areas closed to § 648.81(a)(5)(ii). (4). scallop fishing under other FMPs, are (G) [Reserved] * * * * * governed by other management (ii) Vessel and permit holders. It is measures and restrictions in this part unlawful for any owner or operator of a § 648.27 [Removed] and are referred to as Open Areas. vessel issued a valid NE multispecies ■ permit or letter under § 648.4(a)(1)(i), 5. Remove § 648.27. * * * * * unless otherwise specified in § 648.17, ■ 6. Add § 648.58 to read as follows: ■ 8. In § 648.60, revise paragraph (c)(1) when fishing with bottom-tending § 648.58 Closed Area II Seasonal Scallop to read as follows: mobile gear, fish in, enter, be on a Closure. fishing vessel in, the Habitat § 648.60 Sea Scallop Rotational Areas. From June 15 through October 31 of * * * * * Management Areas described in each year, no fishing vessel may fish § 648.370. with scallop dredge gear in the portion (c) * * * * * * * * of Closed Area II, as specified in (1) The Closed Area I Scallop (12) * * * §§ 648.61(c)(4) and 648.81(c)(4), north of Rotational Area is defined by straight (iii) * * * 41°30′ N lat. lines connecting the following points in (B) Enter or fish in Closed Area II as ■ 7. In § 648.59, revise paragraph (a) the order stated (copies of a chart specified in § 648.81(a)(5), unless introductory text to read as follows: depicting this area are available from declared into the area in accordance the Regional Administrator upon with § 648.85(b)(3)(v) or (b)(8)(v)(D). § 648.59 Sea Scallop Rotational Area request), and so that the line connecting * * * * * Management Program and Access Area points CAIA3 and CAIA4 is the same as (16) * * * Program requirements. the portion of the western boundary line (iii) * * * (a) The Sea Scallop Rotational Area of Closed Area I, defined in (B) Fail to comply with the Management Program consists of § 648.61(c)(3), that lies between points requirements specified in Scallop Rotational Areas, as defined in CAIA3 and CAIA4:

Point N lat. W long. Note

CAIA1 ...... 41°26′ N 68°30′ W ...... CAIA2 ...... 40°58′ N 68°30′ W ...... CAIA3 ...... 40°54.95′ N 68°53.37′ W (1) CAIA4 ...... 41°04′ N 69°01′ W (1) CAIA1 ...... 41°26′ N 68°30′ W ...... 1 From Point CAIA3 to Point CAIA4 along the western boundary of Closed Area I, defined in § 648.61(c)(3).

* * * * * (5) of this section, unless otherwise WESTERN GULF OF MAINE CLOSURE ■ 9. In § 648.61, revise the section exempted in the scallop access area AREA heading and add paragraph (c) to read program, described in § 648.59. A chart as follows: depicting these areas is available from Point N lat. W long. the Regional Administrator upon § 648.61 EFH and Groundfish Closed request. WGM1 ...... 42°15′ N 70°15′ W Areas. WGM2 ...... 42°15′ N 69°55′ W (1) Western Gulf of Maine Closure * * * * * WGM3 ...... 43°15′ N 69°55′ W Area. The Western Gulf of Maine (c) Groundfish Closure Areas. No WGM4 ...... 43°15′ N 70°15′ W Closure Area is defined by straight lines ° ′ ° ′ vessel fishing for scallops, or person on WGM1 ...... 42 15 N 70 15 W a vessel fishing for scallops, may enter, connecting the following points in the fish in, or be in the Closure Areas order stated: (2) Cashes Ledge Closure Area. The described in paragraphs (c)(1) through Cashes Ledge Closure Area is defined by

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15264 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

straight lines connecting the following CASHES LEDGE CLOSURE AREA— CLOSED AREA I points in the order stated: Continued Point N lat. W long. CASHES LEDGE CLOSURE AREA Point N lat. W long. CI1 ...... 41°30′ 69°23′ ° ′ ° ′ Point N lat. W long. CL1 ...... 43°07′ N 69°02′ W CI2 ...... 40 45 68 45 CI3 ...... 40°45′ 68°30′ ° ′ ° ′ CL1 ...... 43°07′ N 69°02′ W CI4 ...... 41 30 68 30 ° ′ ° ′ CL2 ...... 42°49.5′ N 68°46′ W (3) Closed Area I. Closed Area I is CI1 ...... 41 30 69 23 CL3 ...... 42°46.5′ N 68°50.5′ W defined by straight lines, unless CL4 ...... 42°43.5′ N 68°58.5′ W otherwise noted, connecting the (4) Closed Area II. Closed Area II is CL5 ...... 42°42.5′ N 69°17.5′ W following points in the order stated: defined by straight lines connecting the CL6 ...... 42°49.5′ N 69°26′ W following points in the order stated:

CLOSED AREA II

Point N lat. W long. Note

CAII1 ...... 41°00′ N 67°20′ W ...... CAII2 ...... 41°00′ N 66°35.8′ W ...... CAII3 ...... 41°18.45′ N (1) (2) CAII4 ...... (3) 67°20′ W (2) CAII5 ...... 42°22′ N 67°20′ W ...... CAII1 ...... 41°00′ N 67°20′ W ...... 1 The intersection of 41°18.45′ N lat. And the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N lat. and 66°24.89′ W long. 2 From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 67°20′ W long. And the U.S.-Canada Maritime Boundary, approximately 42°22.06′ N lat. and 67°20′ W long.

(5) Nantucket Lightship Closure Area. of paragraph (a)(5)(ii) or (a)(9)(ii) of this (copies of a map depicting the area are The Nantucket Lightship Closure Area section, and § 648.86(d), from July 15 available from the Regional is defined by straight lines connecting through November 15, when fishing in Administrator upon request): the following points in the order stated: Small Mesh Area 1; and from January 1 through June 30, when fishing in Small GOM SCALLOP DREDGE EXEMPTION NANTUCKET LIGHTSHIP CLOSURE AREA Mesh Area 2. While lawfully fishing in AREA these areas with mesh smaller than the Point N lat. W long. minimum size, an owner or operator of Point N lat. W long. any vessel may not fish for, possess on NL1 ...... 40°50′ N 69°00′ W SM1 ...... 41°35′ 70°00′ NL2 ...... 40°20′ N 69°00′ W board, or land any species of fish other ° ′ ° ′ than: Silver hake and offshore hake, SM2 ...... 41 35 69 40 NL3 ...... 40°20′ N 70°20′ W SM3 ...... 42°49.5′ 69°40′ NL4 ...... 40°50′ N 70°20′ W combined, and red hake—up to the SM4 ...... 43°12′ 69°00′ ° ′ ° ′ NL1 ...... 40 50 N 69 00 W amounts specified in § 648.86(d); SM5 ...... 43°41′ 68°00′ butterfish, Atlantic mackerel, or squid, SM6 ...... 43°58′ 67°22′ ■ 10. Amend § 648.80 by: up the amounts specified in § 648.26; SM7 ...... (1) (1) ■ a. Revising paragraphs (a)(9)(i)(A), spiny dogfish, up to the amount 1 Northward along the irregular U.S.-Canada (a)(11) introductory text, (a)(11)(i)(C), specified in § 648.235; Atlantic herring, maritime boundary to the shoreline. (a)(12), and the introductory text of up to the amount specified in § 648.204; paragraphs (a)(13), (14), (15), (16), (18), and scup, up to the amount specified in (i) * * * and (19); § 648.128. (C) The exemption does not apply to ■ b. Removing paragraph (b)(11)(ii)(D); * * * * * the Cashes Ledge Closure Area or the and (11) GOM Scallop Dredge Exemption Western GOM Area Closure specified in ■ c. Revising paragraphs (d)(2) Area. Unless otherwise prohibited in § 648.81(a)(3) and (4), respectively. introductory text, (d)(2)(i), (d)(5), and § 648.81, § 648.370, or § 648.371, vessels * * * * * (g)(6). with a limited access scallop permit that (12) Nantucket Shoals Mussel and Sea The revisions read as follows: have declared out of the DAS program Urchin Dredge Exemption Area. Unless § 648.80 NE Multispecies regulated mesh as specified in § 648.10, or that have otherwise prohibited in § 648.81, areas and restrictions on gear and methods used up their DAS allocations, and § 648.370, or § 648.371, a vessel may of fishing. vessels issued a General Category fish with a dredge in the Nantucket * * * * * scallop permit, may fish in the GOM Shoals Mussel and Sea Urchin Dredge (a) * * * Regulated Mesh Area specified in Exemption Area, provided that any (9) * * * paragraph (a)(1) of this section, when dredge on board the vessel does not (i) * * * not under a NE multispecies DAS, exceed 8 ft (2.4 m), measured at the (A) Unless otherwise prohibited in providing the vessel fishes in the GOM widest point in the bail of the dredge, § 648.81, § 648.370, or § 648.371, a Scallop Dredge Exemption Area and and the vessel does not fish for, harvest, vessel subject to the minimum mesh complies with the requirements possess, or land any species of fish other size restrictions specified in paragraph specified in paragraph (a)(11)(i) of this than mussels and sea urchins. The area (a)(3) or (4) of this section may fish with section. The GOM Scallop Dredge coordinates of the Nantucket Shoals or possess nets with a mesh size smaller Fishery Exemption Area is defined by Mussel and Sea Urchin Dredge than the minimum size, provided the the straight lines connecting the Exemption Area are the same vessel complies with the requirements following points in the order stated coordinates as those of the Nantucket

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15265

Shoals Dogfish Fishery Exemption Area RAISED FOOTROPE TRAWL WHITING GOM GRATE RAISED FOOTROPE specified in paragraph (a)(10) of this FISHERY EXEMPTION AREA TRAWL WHITING FISHERY EXEMP- section. [September 1 through November 20] TION AREA—Continued (13) GOM/GB Dogfish and Monkfish [July 1 through November 30] Gillnet Fishery Exemption Area. Unless Point N lat. W long. otherwise prohibited in § 648.81, Point N lat. W long. RF 1 ...... 42°14.05′ 70°08.8′ § 648.370, or § 648.371, a vessel may RF 2 ...... 42°09.2′ 69°47.8′ GRF3 ...... 43°25.2′ 70°00′ fish with gillnets in the GOM/GB RF 3 ...... 41°54.85′ 69°35.2′ GRF4 ...... 43°41.8′ 69°20′ Dogfish and Monkfish Gillnet Fishery RF 4 ...... 41°41.5′ 69°32.85′ GRF5 ...... 43°58.8′ 69°20′ Exemption Area when not under a NE RF 5 ...... 41°39′ 69°44.3′ multispecies DAS if the vessel complies RF 6 ...... 41°45.6′ 69°51.8′ ° ′ ° ′ * * * * * with the requirements specified in RF 7 ...... 41 52.3 69 52.55 (18) Great South Channel Scallop RF 8 ...... 41°55.5′ 69°53.45′ paragraph (a)(13)(i) of this section. The RF 9 ...... 42°08.35′ 70°04.05′ Dredge Exemption Area. Unless GOM/GB Dogfish and Monkfish Gillnet RF 10 ...... 42°04.75′ 70°16.95′ otherwise prohibited in § 648.370 or Fishery Exemption Area is defined by RF 11 ...... 42°00′ 70°13.2′ § 648.371, vessels issued a LAGC straight lines connecting the following RF 12 ...... 42°00′ 70°24.1′ scallop permit, including limited access points in the order stated: RF 13 ...... 42°07.85′ 70°30.1′ scallop permits that have used up their RF 1 ...... 42°14.05′ 70°08.8′ DAS allocations, may fish in the Great N lat. W long. South Channel Scallop Dredge RAISED FOOTROPE TRAWL WHITING Exemption Area, as defined under 41°35′ ...... 70°00′ paragraph (a)(18)(i) of this section, when FISHERY EXEMPTION AREA 42°49.5′ ...... 70°00′ not under a NE multispecies or scallop 42°49.5′ ...... 69°40′ [November 21 through December 31] DAS or on a sector trip, provided the 43°12′ ...... 69°00′ vessel complies with the requirements (1) ...... 69°00′ Point N lat. W long. specified in paragraph (a)(18)(ii) of this 1 Due north to Maine shoreline. RF 1 ...... 42°14.05′ 70°08.8′ section and applicable scallop RF 2 ...... 42°09.2′ 69°47.8′ regulations in subpart D of this part. * * * * * RF 3 ...... 41°54.85′ 69°35.2′ * * * * * (14) GOM/GB Dogfish Gillnet RF 4 ...... 41°41.5′ 69°32.85′ (19) Cape Cod Spiny Dogfish Exemption. Unless otherwise prohibited RF 5 ...... 41°39′ 69°44.3′ Exemption Areas. Unless otherwise RF 6 ...... 41°45.6′ 69°51.8′ in § 648.81, § 648.370, or § 648.371, a ° ′ ° ′ prohibited in § 648.370 or § 648.371, RF 7 ...... 41 52.3 69 52.55 vessels issued a NE multispecies limited vessel may fish with gillnets in the RF 8 ...... 41°55.5′ 69°53.45′ GOM/GB Dogfish and Monkfish Gillnet RF 9 ...... 42°08.35′ 70°04.05′ access permit that have declared out of Fishery Exemption Area when not RF 1 ...... 42°14.05′ 70°08.8′ the DAS program as specified in under a NE multispecies DAS if the § 648.10, or that have used up their DAS vessel complies with the requirements * * * * * allocations, may fish in the Eastern or specified in paragraph (a)(14)(i) of this (16) GOM Grate Raised Footrope Western Cape Cod Spiny Dogfish section. The area coordinates of the Trawl Exempted Whiting Fishery. Exemption Area as defined under GOM/GB Dogfish and Monkfish Gillnet Unless otherwise prohibited in paragraphs (a)(19)(i) and (ii) of this section, when not under a NE Fishery Exemption Area are specified in § 648.370 or § 648.371, vessels subject to multispecies or scallop DAS, provided paragraph (a)(13) of this section. the minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of the vessel complies with the * * * * * this section may fish with, use, and requirements for the Eastern or Western (15) Raised Footrope Trawl Exempted possess in the GOM Grate Raised area, specified in paragraphs (a)(19)(i) Whiting Fishery. Unless otherwise Footrope Trawl Whiting Fishery area and (ii) of this section, respectively. prohibited in § 648.370 or § 648.371, from July 1 through November 30 of * * * * * vessels subject to the minimum mesh each year, nets with a mesh size smaller (d) * * * size restrictions specified in paragraphs than the minimum size specified, if the (2) When fishing under this (a)(3) or (4) of this section may fish vessel complies with the requirements exemption in the GOM/GB Exemption with, use, or possess nets in the Raised specified in paragraphs (a)(16)(i) and (ii) Area, as defined in paragraph (a)(17) of Footrope Trawl Whiting Fishery area of this section. The GOM Grate Raised this section, the vessel has on board a with a mesh size smaller than the Footrope Trawl Whiting Fishery Area letter of authorization issued by the minimum size specified, if the vessel (copies of a chart depicting the area are Regional Administrator, and complies complies with the requirements available from the Regional with the following restrictions: (i) The vessel only fishes for, specified in paragraph (a)(15)(i) of this Administrator upon request) is defined possesses, or lands Atlantic herring, section. This exemption does not apply by straight lines connecting the following points in the order stated: blueback herring, or mackerel in areas to the Cashes Ledge Closure Areas or the north of 42°20′ N lat. and in the areas Western GOM Area Closure specified in GOM GRATE RAISED FOOTROPE described in § 648.81(c)(3) and (4); and § 648.81(a)(3) and (4), respectively. The TRAWL WHITING FISHERY EXEMP- Atlantic herring, blueback herring, Raised Footrope Trawl Whiting Fishery TION AREA mackerel, or squid in all other areas Area (copies of a chart depicting the south of 42°20′ N. lat.; and [July 1 through November 30] area are available from the Regional * * * * * Administrator upon request) is defined Point N lat. W long. (5) To fish for herring under this by straight lines connecting the exemption, a vessel issued an All Areas following points in the order stated: GRF1 ...... 43°15′ 70°35.4′ Limited Access Herring Permit and/or GRF2 ...... 43°15′ 70°00′ an Areas 2 and 3 Limited Access

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15266 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Herring Permit fishing on a declared ■ 11. Revise § 648.81 to read as follows: the vessel, which is valid from the date herring trip, or a vessel issued a Limited of enrollment until the end of the Access Incidental Catch Herring Permit § 648.81 NE multispecies year-round and fishing year; seasonal closed areas. and/or an Open Access Herring Permit (B) No harvested or possessed fish fishing with midwater trawl gear in (a) Year-round groundfish closed areas. (1) Restrictions. No fishing vessel species managed by the NEFMC or Management Areas 1A, 1B, and/or 3, as MAFMC are sold or intended for trade, defined in § 648.200(f)(1) and (3), must or person on a fishing vessel may enter, fish, or be in, and no fishing gear barter or sale, regardless of where the provide notice of the following fish are caught; information to NMFS at least 72 hr prior capable of catching NE multispecies to beginning any trip into these areas for may be used or on board a vessel in, the, (C) Only rod and reel or handline gear the purposes of observer deployment: Cashes Ledge, Western Gulf of Maine, or is on board the vessel; and Vessel name; contact name for Closed Area II Closure Areas, unless (D) No NE multispecies DAS are used coordination of observer deployment; otherwise allowed by or exempted during the entire period for which the telephone number for contact; the date, under this part. Charts of the areas letter of authorization is valid. time, and port of departure; and described in this section are available from the Regional Administrator upon (3) Cashes Ledge Closure Area. The whether the vessel intends to engage in Cashes Ledge Closure Area is defined by fishing in Closed Area I, as defined in request. (2) Exemptions. Unless restricted by straight lines connecting the following § 648.81(c)(3), at any point in the trip; points in the order stated: and the requirements of subpart P of this part or elsewhere in this part, paragraph * * * * * (a)(1) of this section does not apply to CASHES LEDGE CLOSURE AREA (g) * * * a fishing vessel or person on a fishing (6) Gillnet requirements to reduce or Point N lat. W long. prevent marine mammal takes—(i) vessel when fishing under the following Requirements for gillnet gear capable of conditions: ° ′ ° ′ (i) Fishing with or using exempted CL1 ...... 43 07 N 69 02 W catching NE multispecies to reduce CL2 ...... 42°49.5′ N 68°46′ W gear as defined under this part, except harbor porpoise takes. In addition to the CL3 ...... 42°46.5′ N 68°50.5′ W requirements for gillnet fishing for pelagic gillnet gear capable of CL4 ...... 42°43.5′ N 68°58.5′ W identified in this section, all persons catching NE multispecies, unless fishing CL5 ...... 42°42.5′ N 69°17.5′ W owning or operating vessels in the EEZ with a single pelagic gillnet not longer CL6 ...... 42°49.5′ N 69°26′ W that fish with sink gillnet gear and other than 300 ft (91.4 m) and not greater than CL1 ...... 43°07′ N 69°02′ W gillnet gear capable of catching NE 6 ft (1.83 m) deep, with a maximum mesh size of 3 inches (7.6 cm), provided multispecies, with the exception of (4) Western Gulf of Maine Closure that: single pelagic gillnets (as described in Area. The Western Gulf of Maine § 648.81(b)(2)(ii) and (d)(5)(ii)), must (A) The net is attached to the boat and fished in the upper two-thirds of the Closure Area is defined by straight lines comply with the applicable provisions connecting the following points in the of the Harbor Porpoise Take Reduction water column; (B) The net is marked with the order stated: Plan found in § 229.33 of this title. owner’s name and vessel identification (ii) Requirements for gillnet gear WESTERN GULF OF MAINE CLOSURE capable of catching NE multispecies to number; (C) No regulated species or ocean pout AREA prevent large whale takes. In addition to the requirements for gillnet fishing are retained; and (D) No other gear capable of catching Point N lat. W long. identified in this section, all persons NE multispecies is on board; owning or operating vessels in the EEZ WGM1 ...... 42°15′ 70°15′ (ii) Fishing in the Midwater Trawl ° ′ ° ′ that fish with sink gillnet gear and other Gear Exempted Fishery as specified in WGM2 ...... 42 15 69 55 WGM3 ...... 43°15′ 69°55′ gillnet gear capable of catching NE § 648.80(d); WGM4 ...... 43°15′ 70°15′ multispecies, with the exception of (iii) Fishing in the Purse Seine Gear WGM1 ...... 42°15′ 70°15′ single pelagic gillnets (as described in Exempted Fishery as specified in § 648.81(b)(2)(ii) and (d)(5)(ii)), must § 648.80(e); comply with the applicable provisions (iv) Fishing under charter/party or (5) Closed Area II Closure Area. (i) of the Atlantic Large Whale Take recreational regulations specified in The Closed Area II Closure Area is Reduction Plan found in § 229.32 of this § 648.89, provided that: defined by straight lines, unless title. (A) A letter of authorization issued by otherwise noted, connecting the * * * * * the Regional Administrator is onboard following points in the order stated:

CLOSED AREA II CLOSURE AREA

Point N lat. W long. Note

CAII1 ...... 41°00′ 67°20′ ...... CAII2 ...... 41°00′ 66°35.8′ ...... CAII3 ...... 41°18.45′ (1) (2) CAII4 ...... (3) 67°20′ (2) CAII5 ...... 42°22′ 67°20′ ...... CAII1 ...... 41°00′ 67°20′ ...... 1 The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N lat. and 66°24.89′ W long. 2 From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 67°20′ W long. And the U.S.-Canada Maritime Boundary, approximately 42°22.06′ N lat. and 67°20′ W long.

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15267

(ii) Unless otherwise restricted under (i) That has not been issued a NE GOM COD SPAWNING PROTECTION the EFH Closure(s) specified in multispecies permit that is fishing AREA paragraph (h) of this section, paragraph exclusively in state waters; (a)(5)(i) of this section does not apply to (ii) That is fishing with or using Point N latitude W longitude persons on fishing vessels or fishing exempted gear as defined under this vessels— part, excluding pelagic gillnet gear CSPA1 ..... 42°50.95′ 70°32.22′ (A) Fishing with gears as described in capable of catching NE multispecies, CSPA2 ..... 42°47.65′ 70°35.64′ paragraph (a)(2) this section. except for a vessel fishing with a single CSPA3 ..... 42°54.91′ 70°41.88′ (B) Fishing with tuna purse seine gear pelagic gillnet not longer than 300 ft CSPA4 ..... 42°58.27′ 70°38.64′ outside of the portion of Closed Area II (91.4 m) and not greater than 6 ft (1.83 CSPA1 ..... 42°50.95′ 70°32.22′ known as the Habitat Area of Particular m) deep, with a maximum mesh size of Concern, as described in § 648.370(g). 3 inches (7.6 cm), provided: (4) Winter Massachusetts Bay (C) Fishing in the CA II Yellowtail (A) The net is attached to the vessel Spawning Protection Area. Except as Flounder/Haddock SAP or the Eastern and fished in the upper two-thirds of U.S./Canada Haddock SAP Program as specified in paragraph (b)(2) of this the water column; section, from November 1 through specified in § 648.85(b)(3)(ii) or (B) The net is marked with the vessel (b)(8)(ii), respectively. January 31 of each year, no fishing owner’s name and vessel identification vessel or person on a fishing vessel may (D) Transiting the area, provided the number; enter, fish, or be in, and no fishing gear vessel’s fishing gear is stowed and not (C) No regulated species or ocean pout capable of catching NE multispecies available for immediate use as defined are retained; and in § 648.2; and (D) No other gear capable of catching may be used or be on board a vessel in, (1) The operator has determined, and NE multispecies is on board; the Massachusetts Bay Protection Area, a preponderance of available evidence (iii) That is fishing as a charter/party as defined on the west and south by the indicates, that there is a compelling or recreational fishing vessel, provided outer limit of Massachusetts waters and safety reason; or on the northeast by a straight line (2) The vessel has declared into the that: (A) With the exception of tuna, fish connecting the following points, which Eastern U.S./Canada Area as specified fall along the Massachusetts state waters in § 648.85(a)(3)(ii) and is transiting CA harvested or possessed by the vessel are boundary: II in accordance with the provisions of not sold or intended for trade, barter, or § 648.85(a)(3)(vii). sale, regardless of where the species are (E) Fishing for scallops within the caught; WINTER MASSACHUSETTS BAY Closed Area II Access Area defined in (B) Any gear other than pelagic hook SPAWNING PROTECTION AREA § 648.59(c)(3), during the season and line gear, as defined in this part, is specified in § 648.59(c)(4), and pursuant properly stowed and not available for Point N latitude W longitude immediate use as defined in § 648.2; to the provisions specified in § 648.60. ° ′ ° ′ (b) Gulf of Maine spawning and WSPA1 ..... 42 23.61 70 39.21 ° ′ ° ′ groundfish closures. (1) Restrictions. (C) No regulated species or ocean pout WSPA2 ..... 42 07.68 70 26.79 Unless allowed in this part, no fishing are retained; and vessel or person on a fishing vessel may (iv) That is transiting pursuant to (5) Spring Massachusetts Bay enter, fish, or be in, and no fishing gear paragraph (e) of this section. Spawning Protection Area. (i) From capable of catching NE multispecies (3) GOM Cod Spawning Protection April 15 through April 30 of each year, may be used or on board a vessel in, the Area. Except as specified in paragraph no fishing vessel or person on a fishing spawning closure areas described in (b)(2) of this section, from April through vessel may enter, fish, or be in, and no paragraphs (b)(3) and (4) of this section, June of each year, no fishing vessel or fishing gear capable of catching NE during the times specified in this person on a fishing vessel may enter, multispecies may be used or on board section. Charts depicting the areas fish, or be in, and no fishing gear a vessel in the thirty- minute block defined here are available from the RA capable of catching NE multispecies defined by straight lines, unless may be used or on board a vessel in, the upon request. otherwise noted, connecting the (2) Exemptions. Paragraph (b)(1) of GOM Cod Spawning Protection Area, as following points in the order stated: this section does not apply to a fishing defined by straight lines connecting the vessel or person on a fishing vessel: following points in the order stated:

SPRING MASSACHUSETTS BAY SPAWNING PROTECTION AREA

Point N latitude W longitude Note

SSPA1 ...... 42°30′ (1) ...... SSPA2 ...... 42°30′ 70°30′ ...... SSPA3 ...... 42°00′ 70°30′ ...... SSPA4 ...... 42°00′ (2) (3) SSPA5 ...... (4) 71°00′ (3) SSPA6 ...... (5) 71°00′ (6) SSPA1 ...... 42°30′ (1) (6) 1 The intersection of 42°30′ N lat. and the coastline at Marblehead, MA. 2 The intersection of 42°00′ N lat. and the coastline at Kingston, MA. 3 From Point SSPA4 to Point SSPA5 following the coastline of Massachusetts. 4 The intersection of 71°00′ W long. and the coastline at Quincy, MA. 5 The intersection of 71°00′ W long. and the northernmost coastline at East Boston, Boston, MA. 6 From Point SSPA6 back to Point SSPA 1 following the coastline of Massachusetts.

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15268 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

(ii) Unless otherwise restricted in this part, excluding pelagic gillnet gear person on a fishing vessel may enter, part, the Spring Massachusetts Bay capable of catching NE multispecies, fish, or be in; and no fishing gear Spawning Protection Area closure does except for vessels fishing with a single capable of catching NE multispecies not apply to a fishing vessel or person pelagic gillnet not longer than 300 ft may be used or on board a vessel in, on a fishing vessel that meets the (91.4 m) and not greater than 6 ft (1.83 Closed Area I North, as defined by criteria in paragraphs (d)(5)(ii) through m) deep, with a maximum mesh size of straight lines connecting the following (vi) and (x) of this section (listed under 3 inches (7.6 cm), provided: points in the order stated: the exemptions for the GOM Cod (A) The net is attached to the vessel Protection Closures). This includes and fished in the upper two-thirds of CLOSED AREA I—NORTH recreational vessels meeting the criteria the water column; specified in paragraphs (d)(5)(v)(A) (B) The net is marked with the vessel Point N lat. W long. through (D) of this section. owner’s name and vessel identification (c) Georges Bank Spawning number; CIN1 ...... 41°30′ 69°23′ Groundfish Closures. (1) Restrictions. (C) No regulated species or ocean pout CIN2 ...... 41°30′ 68°30′ Unless otherwise allowed in this part, are retained; and CIN3 ...... 41°26′ 68°30′ no fishing vessel or person on a fishing (D) No other gear capable of catching CIN4 ...... 41°04′ 69°01′ vessel may enter, fish, or be in, and no NE multispecies is on board. CIN1 ...... 41°30′ 69°23′ fishing gear capable of catching NE (ii) That is fishing for scallops multispecies may be used on board a consistent with the requirements of the (4) Closed Area II. Except as specified vessel in the spawning closure areas scallop fishery management plan, in paragraph (c)(2) of this section, from described in paragraphs (b)(3) and (4) of including rotational access program this section, and during the times requirements specified in § 648.59. February 1 through April 15 of each specified in this section. Charts (iii) That is fishing in the mid-water year, no fishing vessel or person on a depicting the areas defined here are trawl exempted fishery. fishing vessel may enter, fish, or be in, available from the RA upon request. (iv) That is transiting pursuant to the and no fishing gear capable of catching (2) Exemptions. Paragraph (c)(1) of requirements described in § 648.2. NE multispecies may be used or on this section does not apply to a fishing (3) Closed Area I North. Except as board a vessel in, Closed Area II, as vessel or person on a fishing vessel: specified in paragraph (c)(2) of this defined by straight lines, unless (i) That is fishing with or using section, from February 1 through April otherwise noted, connecting the exempted gear as defined under this 15 of each year, no fishing vessel or following points in the order stated:

CLOSED AREA II

Point N lat. W long. Note

CAII1 ...... 41°00′ 67°20′ ...... CAII2 ...... 41°00′ 66°35.8′ ...... CAII3 ...... 41°18.45 (1) (2) CAII4 ...... (3) 67°20′ (2) CAII5 ...... 42°22′ 67°20′ ...... CAII1 ...... 41°00′ 67°20′ ...... 1 The intersection of 41°18.45′ N lat. and the U.S.-Canada Maritime Boundary, approximately 41°18.45′ N lat. and 66°24.89′ W long. 2 From Point CAII3 to Point CAII4 along the U.S.-Canada Maritime Boundary. 3 The intersection of 67°20′ W long. and the U.S.-Canada Maritime Boundary, approximately 42°22.06′ N lat. and 67°20′ W long.

(d) GOM Cod Protection Closures. (1) (iii) GOM Cod Protection Closure III is GOM COD PROTECTION CLOSURE I Restrictions. Unless otherwise allowed in effect from November 1 through [May 1–May 31] in this part, no fishing vessel or person January 31. on a fishing vessel may enter, fish, or be (iv) GOM Cod Protection Closure IV is Point N latitude W longitude in, and no fishing gear capable of in effect from October 1 through October catching NE multispecies may be used CPCI 1 ..... 43°30′ N (1) 31. or on board a vessel in, GOM Cod CPCI 2 ..... 43°30′ N 69°30′ W Protection Closures I through V as (v) GOM Cod Protection Closure V is CPCI 3 ..... 43°00′ N 69°30′ W described, and during the times in effect from March 1 through March CPCI 4 ..... 43°00′ N 70°00′ W specified, in paragraphs (d)(4)(i) through 31. CPCI 5 ..... 42°30′ N 70°00′ W (v) of this section. CPCI 6 ..... 42°30′ N 70°30′ W (4) GOM Cod Protection Closure ° ′ ° ′ (2) Review of closure. The New CPCI 7 ..... 42 20 N 70 30 W Areas. Charts depicting these areas are ° ′ 2 3 England Fishery Management Council CPCI 8 ..... 42 20 N ( ) ( ) available from the Regional CPCI 1 ..... 43°30′ N (1) (3) shall review the GOM Cod Protection Administrator upon request. Closures Areas specified in this section 1 The intersection of 43°30′ N latitude and when the spawning stock biomass for (i) GOM Cod Protection Closure I. the coastline of Maine. GOM cod reaches the minimum biomass GOM Cod Protection Closure I is the 2 The intersection of 42°20′ N latitude and area bounded by the following the coastline of Massachusetts. threshold specified for the stock (50 3 From Point 8 back to Point 1 following the percent of SSBMSY). coordinates connected in the order coastline of the United States. (3) Seasons. (i) GOM Cod Protection stated by straight lines, unless otherwise Closure I is in effect from May 1 through noted: (ii) GOM Cod Protection Closure II. May 31. GOM Cod Protection Closure II is the (ii) GOM Cod Protection Closure II is area bounded by the following in effect from June 1 through June 30. coordinates connected in the order

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15269

stated by straight lines, unless otherwise GOM COD PROTECTION CLOSURE protection closure described under noted: IV—Continued paragraph (f)(4) of this section, has on [October 1–October 31] board a letter of authorization issued by GOM COD PROTECTION CLOSURE II the Regional Administrator that is valid [June 1–June 30] Point N latitude W longitude from the date of enrollment through the duration of the closure or 3 months Point N latitude W longitude CPCIV 4 ... 42°00′ N (2) (3) duration, whichever is greater; CPCIV 1 ... 42°30′ N (1) (3) (B) No harvested or possessed fish CPCII 1 .... (1) 69°30′ W species managed by the NEFMC or ° ′ ° ′ 1 The intersection of 42°30′ N latitude and CPCII 2 .... 43 30 N 69 30 W MAFMC are sold or intended for trade, CPCII 3 .... 43°30′ N 70°00′ W the Massachusetts coastline. ° ′ ° ′ 2 The intersection of 42°00′ N latitude and barter or sale, regardless of where the CPCII 4 .... 42 30 N 70 00 W the mainland Massachusetts coastline at King- CPCII 5 .... 42°30′ N 70°30′ W fish are caught; ° ′ ° ′ ston, MA. CPCII 6 .... 42 20 N 70 30 W 3 From Point 4 back to Point 1 following the (C) Only rod and reel or handline gear CPCII 7 .... 42°20′ N (2)(3) coastline of Massachusetts. is on board; and CPCII 8 .... 42°30′ N ((4))(3) (D) No NE multispecies DAS are used (v) GOM Cod Protection Closure V. CPCII 9 .... 42°30′ N 70°30′ W during the entire period for which the ° ′ ° ′ GOM Cod Protection Closure V is the CPCII 10 .. 43 00 N 70 30 W letter of authorization is valid; CPCII 11 .. 43°00′ N (5) (6) area bounded by the following CPCII 1 .... (1) 69°30′ W(6) coordinates connected in the order (vi) Fishing with scallop dredge gear stated by straight lines: under a scallop DAS or when lawfully 1 The intersection of 69°30′ W longitude and fishing in the Scallop Dredge Fishery the coastline of Maine. Exemption Area as described in 2 The intersection of 42°20′ N latitude and GOM COD PROTECTION CLOSURE V the coastline of Massachusetts. § 648.80(a)(11), provided the vessel does 3 From Point 7 to Point 8 following the [March 1–March 31] not retain any regulated NE coastline of Massachusetts. multispecies during a trip, or on any 4 The intersection of 42°30′ N latitude and Point N latitude W longitude the coastline of Massachusetts. part of a trip; 5 The intersection of 43°00′ N latitude and CPCV 1 .... 42°30′ N 70°00′ W (vii) Fishing in the Raised Footrope the coastline of New Hampshire. CPCV 2 .... 42°30′ N 68°30′ W Trawl Exempted Whiting Fishery, as 6 From Point 11 back to Point 1 following CPCV 3 .... 42°00′ N 68°30′ W specified in § 648.80(a)(15), or in the the coastlines of New Hampshire and Maine. CPCV 4 .... 42°00′ N 70°00′ W Small Mesh Area II Exemption Area, as (iii) GOM Cod Protection Closure III. CPCV 1 .... 42°30′ N 70°00′ W specified in § 648.80(a)(9); GOM Cod Protection Closure III is the (viii) Fishing on a sector trip, as area bounded by the following (5) Exemptions. The GOM cod defined in this part, and in the GOM coordinates connected in the order protection closures specified in this Cod Protection Closures IV or V, as stated by straight lines, unless otherwise section do not apply to a fishing vessel specified in paragraphs (f)(4)(iv) and (v) noted: or person on board a fishing vessel of this section; or under any of the following conditions: (ix) Fishing under the provisions of a GOM COD PROTECTION CLOSURE III (i) No multispecies permit has been Northeast multispecies Handgear A [November 1–January 31] issued and the vessel is fishing permit, as specified at § 648.82(b)(6), exclusively in state waters; and in the GOM Cod Protection Point N latitude W longitude (ii) Fishing with or using exempted Closures IV or V, as specified in gear as defined under this part, except paragraphs (f)(4)(iv) and (v) of this CPCIII 1 ... 42°30′ N (1) for pelagic gillnet gear capable of section. CPCIII 2 ... 42°30′ N 70°30′ W catching NE multispecies, unless fishing (x) Transiting the area, provided it CPCIII 3 ... 42°15′ N 70°30′ W with a single pelagic gillnet not longer ° ′ ° ′ complies with the requirements CPCIII 4 ... 42 15 N 70 24 W than 300 ft (91.4 m) and not greater than CPCIII 5 ... 42°00′ N 70°24′ W specified in paragraph (e) of this 6 ft (1.83 m) deep, with a maximum CPCIII 6 ... 42°00′ N (2) (3) section. 1 3 mesh size of 3 inches (7.6 cm), provided CPCIII 1 ... 42°30′ N ( ) ( ) (e) Transiting. (1) Unless otherwise that: 1 The intersection of 42°30′ N latitude and (A) The net is attached to the boat and restricted or specified in this paragraph the Massachusetts coastline. fished in the upper two-thirds of the (e), a vessel may transit the Cashes 2 The intersection of 42°00′ N latitude and Ledge Closed Area, the Western GOM the mainland Massachusetts coastline at King- water column; ston, MA. (B) The net is marked with the Closure Area, the GOM Cod Protection 3 From Point 6 back to Point 1 following the owner’s name and vessel identification Closures, and the GOM Cod Spawning coastline of Massachusetts. number; Protection Area, as defined in (iv) GOM Cod Protection Closure IV. (C) No regulated species are retained; paragraphs (a)(3) and (4), (d)(4), and GOM Cod Protection Closure IV is the and (b)(3), of this section, respectively, area bounded by the following (D) No other gear capable of catching provided that its gear is stowed and not coordinates connected in the order NE multispecies is on board; available for immediate use as defined stated by straight lines, unless otherwise (iii) Fishing in the Midwater Trawl in § 648.2. noted: Gear Exempted Fishery as specified in (2) Private recreational or charter/ § 648.80(d); party vessels fishing under the GOM COD PROTECTION CLOSURE IV (iv) Fishing in the Purse Seine Gear Northeast multispecies provisions specified at § 648.89 may transit the [October 1–October 31] Exempted Fishery as specified in § 648.80(e); GOM Cod Spawning Protection Area, as Point N latitude W longitude (v) Fishing under charter/party or defined in paragraph (b)(3) of this recreational regulations specified in section, provided all bait and hooks are CPCIV 1 ... 42°30′ N (1) § 648.89, provided that: removed from fishing rods, and any CPCIV 2 ... 42°30′ N 70°00′ W (A) A vessel fishing under charter/ regulated species on board have been CPCIV 3 ... 42°00′ N 70°00′ W party regulations in a GOM cod caught outside the GOM Cod Spawning

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15270 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Protection Area and has been gutted and mobile gear on board, may fish or be in may fish in, and no lobster pot gear may stored. the specified Restricted Gear Areas, be deployed or remain in the specified (f) Restricted Gear Areas—(1) unless transiting, during the seasons Restricted Gear Areas. Vessels with Restricted Gear Area Seasons. No below. No fishing vessel with lobster lobster pot gear on board may transit fishing vessel with mobile gear on pot gear on board, or person on a fishing during the seasons listed in the table in board, or person on a fishing vessel with vessel with lobster pot gear on board, this paragraph (f)(1).

Mobile gear Lobster pot gear

Restricted Gear Area I ...... October 1–June 15 ...... June 16–September 30. Restricted Gear Area II ...... November 27–June 15 ...... June 16–November 26. Restricted Gear Area III ...... June 16–November 26 ...... January 1–April 30. Restricted Gear Area IV ...... June 16–September 30 ...... n/a.

(2) Transiting. Vessels with mobile not available for immediate use as points connected in the order listed by gear may transit this area, provided that defined in § 648.2. straight lines (points followed by an all mobile gear is on board the vessel (3) Restricted Gear Area I. Restricted asterisk are shared with an adjacent while inside the area, and is stowed and Gear Area I is defined by the following Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) AB ...... 40°02.45′ N 70°14.10′ W (*) AC ...... 40°05.20′ N 70°10.90′ W (*) AD ...... 40°03.75′ N 70°10.15′ W (*) AE ...... 40°00.70′ N 70°08.70′ W (*) AF ...... 39°59.20′ N 70°04.90′ W (*) AG ...... 39°58.25′ N 70°03.00′ W (*) AH ...... 39°56.90′ N 69°57.45′ W (*) AI ...... 39°57.40′ N 69°55.90′ W (*) AJ ...... 39°57.55′ N 69°54.05′ W (*) AK ...... 39°56.70′ N 69°53.60′ W (*) AL ...... 39°55.75′ N 69°41.40′ W (*) AM ...... 39°56.20′ N 69°40.20′ W (*) AN ...... 39°58.80′ N 69°38.45′ W (*) AO ...... 39°59.15′ N 69°37.30′ W (*) AP ...... 40°00.90′ N 69°37.30′ W (*) AQ ...... 40°00.65′ N 69°36.50′ W (*) AR ...... 39°57.85′ N 69°35.15′ W (*) AS ...... 39°56.80′ N 69°34.10′ W (*) AT ...... 39°56.50′ N 69°26.35′ W (*) AU ...... 39°56.75′ N 69°24.40′ W (*) AV ...... 39°57.80′ N 69°20.35′ W (*) AW ...... 40°00.05′ N 69°14.60′ W (*) AX ...... 40°02.65′ N 69°11.15′ W (*) AY ...... 40°02.00′ N 69°08.35′ W (*) AZ ...... 40°02.65′ N 69°05.60′ W (*) BA ...... 40°04.10′ N 69°03.90′ W (*) BB ...... 40°05.65′ N 69°03.55′ W (*) BC ...... 40°08.45′ N 69°03.60′ W (*) BD ...... 40°09.75′ N 69°04.15′ W (*) BE ...... 40°10.25′ N 69°04.40′ W (*) BF ...... 40°11.60′ N 69°05.40′ W (*) BG ...... 40°11.00′ N 69°03.80′ W (*) BH ...... 40°08.90′ N 69°01.75′ W (*) BI ...... 40°05.30′ N 69°01.10′ W (*) BJ ...... 40°05.20′ N 69°00.50′ W (*) BK ...... 40°04.35′ N 69°00.50′ W (*) BL ...... 40°03.65′ N 69°00.00′ W (*) BM ...... 40°03.60′ N 68°57.20′ W (*) BN ...... 40°05.70′ N 68°52.40′ W (*) BO ...... 40°08.10′ N 68°51.00′ W (*) BP ...... 40°08.70′ N 68°49.60′ W (*) BQ ...... 40°06.90′ N 68°46.50′ W (*) BR ...... 40°07.20′ N 68°38.40′ W (*) BS ...... 40°07.90′ N 68°36.00′ W (*) BT ...... 40°06.40′ N 68°35.80′ W ...... BU ...... 40°05.25′ N 68°39.30′ W ...... BV ...... 40°05.40′ N 68°44.50′ W ...... BW ...... 40°06.00′ N 68°46.50′ W ...... BX ...... 40°07.40′ N 68°49.60′ W ...... BY ...... 40°05.55′ N 68°49.80′ W ...... BZ ...... 40°03.90′ N 68°51.70′ W ...... CA ...... 40°02.25′ N 68°55.40′ W ......

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15271

Point Latitude Longitude Note

CB ...... 40°02.60′ N 69°00.00′ W ...... CC ...... 40°02.75′ N 69°00.75′ W ...... CD ...... 40°04.20′ N 69°01.75′ W ...... CE ...... 40°06.15′ N 69°01.95′ W ...... CF ...... 40°07.25′ N 69°02.00′ W ...... CG ...... 40°08.50′ N 69°02.25′ W ...... CH ...... 40°09.20′ N 69°02.95′ W ...... CI ...... 40°09.75′ N 69°03.30′ W ...... CJ ...... 40°09.55′ N 69°03.85′ W ...... CK ...... 40°08.40′ N 69°03.40′ W ...... CL ...... 40°07.20′ N 69°03.30′ W ...... CM ...... 40°06.00′ N 69°03.10′ W ...... CN ...... 40°05.40′ N 69°03.05′ W ...... CO ...... 40°04.80′ N 69°03.05′ W ...... CP ...... 40°03.55′ N 69°03.55′ W ...... CQ ...... 40°01.90′ N 69°03.95′ W ...... CR ...... 40°01.00′ N 69°04.40′ W ...... CS ...... 39°59.90′ N 69°06.25′ W ...... CT ...... 40°00.60′ N 69°10.05′ W ...... CU ...... 39°59.25′ N 69°11.15′ W ...... CV ...... 39°57.45′ N 69°16.05′ W ...... CW ...... 39°56.10′ N 69°20.10′ W ...... CX ...... 39°54.60′ N 69°25.65′ W ...... CY ...... 39°54.65′ N 69°26.90′ W ...... CZ ...... 39°54.80′ N 69°30.95′ W ...... DA ...... 39°54.35′ N 69°33.40′ W ...... DB ...... 39°55.00′ N 69°34.90′ W ...... DC ...... 39°56.55′ N 69°36.00′ W ...... DD ...... 39°57.95′ N 69°36.45′ W ...... DE ...... 39°58.75′ N 69°36.30′ W ...... DF ...... 39°58.80′ N 69°36.95′ W ...... DG ...... 39°57.95′ N 69°38.10′ W ...... DH ...... 39°54.50′ N 69°38.25′ W ...... DI ...... 39°53.60′ N 69°46.50′ W ...... DJ ...... 39°54.70′ N 69°50.00′ W ...... DK ...... 39°55.25′ N 69°51.40′ W ...... DL ...... 39°55.20′ N 69°53.10′ W ...... DM ...... 39°54.85′ N 69°53.90′ W ...... DN ...... 39°55.70′ N 69°54.90′ W ...... DO ...... 39°56.15′ N 69°55.35′ W ...... DP ...... 39°56.05′ N 69°56.25′ W ...... DQ ...... 39°55.30′ N 69°57.10′ W ...... DR ...... 39°54.80′ N 69°58.60′ W ...... DS ...... 39°56.05′ N 70°00.65′ W ...... DT ...... 39°55.30′ N 70°02.95′ W ...... DU ...... 39°56.90′ N 70°11.30′ W ...... DV ...... 39°58.90′ N 70°11.50′ W ...... DW ...... 39°59.60′ N 70°11.10′ W ...... DX ...... 40°01.35′ N 70°11.20′ W ...... DY ...... 40°02.60′ N 70°12.00′ W ...... DZ ...... 40°00.40′ N 70°12.30′ W ...... EA ...... 39°59.75′ N 70°13.05′ W ...... EB ...... 39°59.30′ N 70°14.00′ W (*) AA ...... 40°02.75′ N 70°16.10′ W (*)

(4) Restricted Gear Area II. Restricted points connected in the order listed by asterisk are shared with an adjacent Gear Area II is defined by the following straight lines (points followed by an Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) AB ...... 40°02.45′ N 70°14.10′ W (*) AC ...... 40°05.20′ N 70°10.90′ W (*) AD ...... 40°03.75′ N 70°10.15′ W (*) AE ...... 40°00.70′ N 70°08.70′ W (*) AF ...... 39°59.20′ N 70°04.90′ W (*) AG ...... 39°58.25′ N 70°03.00′ W (*) AH ...... 39°56.90′ N 69°57.45′ W (*) AI ...... 39°57.40′ N 69°55.90′ W (*) AJ ...... 39°57.55′ N 69°54.05′ W (*) AK ...... 39°56.70′ N 69°53.60′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15272 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Point Latitude Longitude Note

AL ...... 39°55.75′ N 69°41.40′ W (*) AM ...... 39°56.20′ N 69°40.20′ W (*) AN ...... 39°58.80′ N 69°38.45′ W (*) AO ...... 39°59.15′ N 69°37.30′ W (*) AP ...... 40°00.90′ N 69°37.30′ W (*) AQ ...... 40°00.65′ N 69°36.50′ W (*) AR ...... 39°57.85′ N 69°35.15′ W (*) AS ...... 39°56.80′ N 69°34.10′ W (*) AT ...... 39°56.50′ N 69°26.35′ W (*) AU ...... 39°56.75′ N 69°24.40′ W (*) AV ...... 39°57.80′ N 69°20.35′ W (*) AW ...... 40°00.05′ N 69°14.60′ W (*) AX ...... 40°02.65′ N 69°11.15′ W (*) AY ...... 40°02.00′ N 69°08.35′ W (*) AZ ...... 40°02.65′ N 69°05.60′ W (*) BA ...... 40°04.10′ N 69°03.90′ W (*) BB ...... 40°05.65′ N 69°03.55′ W (*) BC ...... 40°08.45′ N 69°03.60′ W (*) BD ...... 40°09.75′ N 69°04.15′ W (*) BE ...... 40°10.25′ N 69°04.40′ W (*) BF ...... 40°11.60′ N 69°05.40′ W (*) BG ...... 40°11.00′ N 69°03.80′ W (*) BH ...... 40°08.90′ N 69°01.75′ W (*) BI ...... 40°05.30′ N 69°01.10′ W (*) BJ ...... 40°05.20′ N 69°00.50′ W (*) BK ...... 40°04.35′ N 69°00.50′ W (*) BL ...... 40°03.65′ N 69°00.00′ W (*) BM ...... 40°03.60′ N 68°57.20′ W (*) BN ...... 40°05.70′ N 68°52.40′ W (*) BO ...... 40°08.10′ N 68°51.00′ W (*) BP ...... 40°08.70′ N 68°49.60′ W (*) BQ ...... 40°06.90′ N 68°46.50′ W (*) BR ...... 40°07.20′ N 68°38.40′ W (*) BS ...... 40°07.90′ N 68°36.00′ W (*) BT ...... 40°06.40′ N 68°35.80′ W ...... BU ...... 40°05.25′ N 68°39.30′ W ...... BV ...... 40°05.40′ N 68°44.50′ W ...... BW ...... 40°06.00′ N 68°46.50′ W ...... BX ...... 40°07.40′ N 68°49.60′ W ...... BY ...... 40°05.55′ N 68°49.80′ W ...... BZ ...... 40°03.90′ N 68°51.70′ W ...... CA ...... 40°02.25′ N 68°55.40′ W ...... CB ...... 40°02.60′ N 69°00.00′ W ...... CC ...... 40°02.75′ N 69°00.75′ W ...... CD ...... 40°04.20′ N 69°01.75′ W ...... CE ...... 40°06.15′ N 69°01.95′ W ...... CF ...... 40°07.25′ N 69°02.00′ W ...... CG ...... 40°08.50′ N 69°02.25′ W ...... CH ...... 40°09.20′ N 69°02.95′ W ...... CI ...... 40°09.75′ N 69°03.30′ W ...... CJ ...... 40°09.55′ N 69°03.85′ W ...... CK ...... 40°08.40′ N 69°03.40′ W ...... CL ...... 40°07.20′ N 69°03.30′ W ...... CM ...... 40°06.00′ N 69°03.10′ W ...... CN ...... 40°05.40′ N 69°03.05′ W ...... CO ...... 40°04.80′ N 69°03.05′ W ...... CP ...... 40°03.55′ N 69°03.55′ W ...... CQ ...... 40°01.90′ N 69°03.95′ W ...... CR ...... 40°01.00′ N 69°04.40′ W ...... CS ...... 39°59.90′ N 69°06.25′ W ...... CT ...... 40°00.60′ N 69°10.05′ W ...... CU ...... 39°59.25′ N 69°11.15′ W ...... CV ...... 39°57.45′ N 69°16.05′ W ...... CW ...... 39°56.10′ N 69°20.10′ W ...... CX ...... 39°54.60′ N 69°25.65′ W ...... CY ...... 39°54.65′ N 69°26.90′ W ...... CZ ...... 39°54.80′ N 69°30.95′ W ...... DA ...... 39°54.35′ N 69°33.40′ W ...... DB ...... 39°55.00′ N 69°34.90′ W ...... DC ...... 39°56.55′ N 69°36.00′ W ...... DD ...... 39°57.95′ N 69°36.45′ W ...... DE ...... 39°58.75′ N 69°36.30′ W ...... DF ...... 39°58.80′ N 69°36.95′ W ...... DG ...... 39°57.95′ N 69°38.10′ W ......

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15273

Point Latitude Longitude Note

DH ...... 39°54.50′ N 69°38.25′ W ...... DI ...... 39°53.60′ N 69°46.50′ W ...... DJ ...... 39°54.70′ N 69°50.00′ W ...... DK ...... 39°55.25′ N 69°51.40′ W ...... DL ...... 39°55.20′ N 69°53.10′ W ...... DM ...... 39°54.85′ N 69°53.90′ W ...... DN ...... 39°55.70′ N 69°54.90′ W ...... DO ...... 39°56.15′ N 69°55.35′ W ...... DP ...... 39°56.05′ N 69°56.25′ W ...... DQ ...... 39°55.30′ N 69°57.10′ W ...... DR ...... 39°54.80′ N 69°58.60′ W ...... DS ...... 39°56.05′ N 70°00.65′ W ...... DT ...... 39°55.30′ N 70°02.95′ W ...... DU ...... 39°56.90′ N 70°11.30′ W ...... DV ...... 39°58.90′ N 70°11.50′ W ...... DW ...... 39°59.60′ N 70°11.10′ W ...... DX ...... 40°01.35′ N 70°11.20′ W ...... DY ...... 40°02.60′ N 70°12.00′ W ...... DZ ...... 40°00.40′ N 70°12.30′ W ...... EA ...... 39°59.75′ N 70°13.05′ W ...... EB ...... 39°59.30′ N 70°14.00′ W (*) AA ...... 40°02.75′ N 70°16.10′ W (*)

(5) Restricted Gear Area III. Restricted points connected in the order listed by asterisk are shared with an adjacent Gear Area III is defined by the following straight lines (points followed by an Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*) GL ...... 40°00.70′ N 70°18.60′ W (*) GK ...... 39°59.80′ N 70°21.75′ W (*) GJ ...... 39°59.75′ N 70°25.50′ W (*) GI ...... 40°03.85′ N 70°28.75′ W (*) GH ...... 40°00.55′ N 70°32.10′ W (*) GG ...... 39°59.15′ N 70°34.45′ W (*) GF ...... 39°58.90′ N 70°38.65′ W (*) GE ...... 40°00.10′ N 70°45.10′ W (*) GD ...... 40°00.50′ N 70°57.60′ W (*) GC ...... 40°02.00′ N 71°01.30′ W (*) GB ...... 39°59.30′ N 71°18.40′ W (*) GA ...... 40°00.70′ N 71°19.80′ W (*) FZ ...... 39°57.50′ N 71°20.60′ W (*) FY ...... 39°53.10′ N 71°36.10′ W (*) FX ...... 39°52.60′ N 71°40.35′ W (*) FW ...... 39°53.10′ N 71°42.70′ W (*) FV ...... 39°46.95′ N 71°49.00′ W (*) FU ...... 39°41.15′ N 71°57.10′ W (*) FT ...... 39°35.45′ N 72°02.00′ W (*) FS ...... 39°32.65′ N 72°06.10′ W (*) FR ...... 39°29.75′ N 72°09.80′ W (*) GM ...... 39°33.65′ N 72°15.00′ W ...... GN ...... 39°47.20′ N 72°01.60′ W ...... GO ...... 39°53.75′ N 71°52.25′ W ...... GP ...... 39°55.85′ N 71°45.00′ W ...... GQ ...... 39°55.60′ N 71°41.20′ W ...... GR ...... 39°57.90′ N 71°28.70′ W ...... GS ...... 40°10.70′ N 71°10.25′ W ...... GT ...... 40°12.75′ N 70°55.05′ W ...... GU ...... 40°11.05′ N 70°45.80′ W ...... GV ...... 40°06.50′ N 70°40.05′ W ...... GW ...... 40°05.60′ N 70°17.70′ W ...... AA ...... 40°02.75′ N 70°16.10′ W (*)

(6) Restricted Gear Area IV. Restricted points connected in the order listed by asterisk are shared with an adjacent Gear Area IV is defined by the following straight lines (points followed by an Restricted Gear Area):

Point Latitude Longitude Note

AA ...... 40°02.75′ N 70°16.10′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15274 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

Point Latitude Longitude Note

GX ...... 40°07.80′ N 70°09.20′ W ...... GY ...... 40°07.60′ N 70°04.50′ W ...... GZ ...... 40°02.10′ N 69°45.00′ W ...... HA ...... 40°01.30′ N 69°45.00′ W ...... HB ...... 40°00.50′ N 69°38.80′ W ...... HC ...... 40°01.70′ N 69°37.40′ W ...... HD ...... 40°01.70′ N 69°35.40′ W ...... HE ...... 40°00.40′ N 69°35.20′ W ...... HF ...... 39°57.30′ N 69°25.10′ W ...... HG ...... 40°05.50′ N 69°09.00′ W ...... HH ...... 40°14.30′ N 69°05.80′ W ...... HI ...... 40°14.00′ N 69°04.70′ W ...... HJ ...... 40°11.60′ N 68°53.00′ W ...... HK ...... 40°13.60′ N 68°40.60′ W ...... BS ...... 40°07.90′ N 68°36.00′ W (*) BR ...... 40°07.20′ N 68°38.40′ W (*) BQ ...... 40°06.90′ N 68°46.50′ W (*) BP ...... 40°08.70′ N 68°49.60′ W (*) BO ...... 40°08.10′ N 68°51.00′ W (*) BN ...... 40°05.70′ N 68°52.40′ W (*) BM ...... 40°03.60′ N 68°57.20′ W (*) BL ...... 40°03.65′ N 69°00.00′ W (*) BK ...... 40°04.35′ N 69°00.50′ W (*) BJ ...... 40°05.20′ N 69°00.50′ W (*) BI ...... 40°05.30′ N 69°01.10′ W (*) BH ...... 40°08.90′ N 69°01.75′ W (*) BG ...... 40°11.00′ N 69°03.80′ W (*) BF ...... 40°11.60′ N 69°05.40′ W (*) BE ...... 40°10.25′ N 69°04.40′ W (*) BD ...... 40°09.75′ N 69°04.15′ W (*) BC ...... 40°08.45′ N 69°03.60′ W (*) BB ...... 40°05.65′ N 69°03.55′ W (*) BA ...... 40°04.10′ N 69°03.90′ W (*) AZ ...... 40°02.65′ N 69°05.60′ W (*) AY ...... 40°02.00′ N 69°08.35′ W (*) AX ...... 40°02.65′ N 69°11.15′ W (*) AW ...... 40°00.05′ N 69°14.60′ W (*) AV ...... 39°57.80′ N 69°20.35′ W (*) AU ...... 39°56.75′ N 69°24.40′ W (*) AT ...... 39°56.50′ N 69°26.35′ W (*) AS ...... 39°56.80′ N 69°34.10′ W (*) AR ...... 39°57.85′ N 69°35.15′ W (*) AQ ...... 40°00.65′ N 69°36.50′ W (*) AP ...... 40°00.90′ N 69°37.30′ W (*) AO ...... 39°59.15′ N 69°37.30′ W (*) AN ...... 39°58.80′ N 69°38.45′ W (*) AM ...... 39°56.20′ N 69°40.20′ W (*) AL ...... 39°55.75′ N 69°41.40′ W (*) AK ...... 39°56.70′ N 69°53.60′ W (*) AJ ...... 39°57.55′ N 69°54.05′ W (*) AI ...... 39°57.40′ N 69°55.90′ W (*) AH ...... 39°56.90′ N 69°57.45′ W (*) AG ...... 39°58.25′ N 70°03.00′ W (*) AF ...... 39°59.20′ N 70°04.90′ W (*) AE ...... 40°00.70′ N 70°08.70′ W (*) AD ...... 40°03.75′ N 70°10.15′ W (*) AC ...... 40°05.20′ N 70°10.90′ W (*) AB ...... 40°02.45′ N 70°14.10′ W (*) AA ...... 40°02.75′ N 70°16.10′ W (*)

■ 12. Amend § 648.87 by revising participants in a sector from the purposes of this paragraph (c)(2)(i), the paragraphs (c)(2)(i) introductory text following Federal fishing regulations: DAS reporting requirements specified in and (c)(2)(ii)(B) to read as follows: Specific times and areas within the NE § 648.82, the SAP-specific reporting multispecies year-round closure areas; requirements specified in § 648.85, VMS § 648.87 Sector allocation. permitting restrictions (e.g., vessel requirements for Handgear A category * * * * * upgrades, etc.); gear restrictions permitted vessels as specified in (c) * * * designed to minimize habitat impacts § 648.10, and the reporting requirements (2) * * * (e.g., roller gear restrictions, etc.); associated with a dockside monitoring (i) Regulations that may not be reporting requirements; and AMs program are not considered reporting exempted for sector participants. The Regional Administrator may not exempt specified in § 648.90(a)(5)(i)(D). For the requirements, and the Regional

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15275

Administrator may exempt sector § 648.202 Season and area restrictions. EASTERN MAINE HMA—Continued participants from these requirements as * * * * * part of the approval of yearly operations (b) Fishing in Northeast Multispecies Point N latitude W longitude plans. For the purpose of this paragraph Closed Areas. (1) No vessel issued an EMH4 1 ..... 43°56.62′ N 68°38.12′ W (c)(2)(i), the Regional Administrator may Atlantic herring permit and fishing with not grant sector participants exemptions midwater trawl gear, may fish for, 1 Points 1 and 4 are intended to fall along from the NE multispecies year-round possess or land fish in or from the the outer limit of Maine state waters. closures areas defined as Habitat Closed Areas, including Cashes Ledge (b) Jeffreys Bank Habitat Management Management Areas as defined in Closure Area, Western GOM Closure Area. The Jeffreys Bank HMA is defined § 648.370; Closed Area I North and Area, Closed Area I North (February 1– by straight lines connecting the Closed Area II, as defined in April 15), and Closed Area II, as defined following points in the order stated: § 648.81(c)(3) and (4), respectively, in § 648.81(a)(3), (4), and (5) and (c)(3) during the period February 16 through and (4), respectively, unless it has JEFFREYS BANK HMA April 30; and the Western GOM Closure declared first its intent to fish in the Area, as defined at § 648.81(a)(4), where Closed Areas as required by Point N latitude W longitude it overlaps with GOM Cod Protection § 648.11(m)(1), and is carrying onboard Closures I through III, as defined in a NMFS-certified observer. JBH1 ...... 43°31′ N 68°37′ W JBH2 ...... 43°20′ N 68°37′ W § 648.81(d)(4). This list may be modified * * * * * through a framework adjustment, as JBH3 ...... 43°20′ N 68°55′ W ■ ° ′ ° ′ specified in § 648.90. 15. Revise § 648.203(a) to read as JBH4 ...... 43 31 N 68 55 W follows: JBH1 ...... 43°31′ N 68°37′ W * * * * * (ii) * * * § 648.203 Gear restrictions. (c) Cashes Ledge Habitat Management (B) The GOM Cod Protection Closures (a) Midwater trawl gear may only be Area. The Cashes Ledge HMA is defined IV and V specified in § 648.81(d)(4)(iv) used by a vessel issued a valid herring by straight lines connecting the and (v). permit in the GOM/GB Exemption Area following points in the order stated: * * * * * as defined in § 648.80(a)(17), provided it complies with the midwater trawl gear CASHES LEDGE HMA ■ 13. In § 648.89, revise paragraph (e)(1) exemption requirements specified under and remove and reserve paragraph (e)(2) the NE multispecies regulations at Point N latitude W longitude to read as follows: § 648.80(d), including issuance of a ° ′ ° ′ Letter of Authorization. CLH1 ...... 43 01.0 N 69 00.0 W § 648.89 Recreational and charter/party CLH2 ...... 43°01.0′ N 68°52.0′ W vessel restrictions. * * * * * CLH3 ...... 42°45.0′ N 68°52.0′ W * * * * * ■ 16. Add subpart Q to part 648 to read CLH4 ...... 42°45.0′ N 69°00.0′ W CLH1 ...... 43°01.0′ N 69°00.0′ W (e) Charter/party vessel restrictions on as follows: fishing in GOM closed areas—(1) GOM Subpart Q—Habitat-Related Management (d) Fippennies Ledge Habitat Measures closed areas. (i) A vessel fishing under Management Area. The Fippennies charter/party regulations may not fish in Sec. Ledge HMA is defined by straight lines the GOM closed areas specified in 648.370 Habitat Management Areas. connecting the following points in the § 648.81(a)(3) and (4) and (d)(4) during 648.371 Dedicated Habitat Research Areas. order stated: the time periods specified in those 648.372 Frank R. Lautenberg Deep-Sea Coral Protection Area. paragraphs, unless the vessel has on FIPPENNIES LEDGE HMA board a valid letter of authorization Subpart Q—Habitat-Related issued by the Regional Administrator Management Measures Point N latitude W longitude pursuant to § 648.81(d)(5)(v) and paragraph (e)(3) of this section. The § 648.370 Habitat Management Areas. FLH1 ...... 42°50.0′ N 69°17.0′ W FLH2 ...... 42°44.0′ N 69°14.0′ W conditions and restrictions of the letter Unless otherwise specified, no fishing of authorization must be complied with FLH3 ...... 42°44.0′ N 69°18.0′ W vessel or person on a fishing vessel may ° ′ ° ′ for a minimum of 3 months if the vessel FLH4 ...... 42 50.0 N 69 21.0 W fish with bottom-tending mobile gear in FLH1 ...... 42°50.0′ N 69°17.0′ W fishes or intends to fish in the GOM cod the areas defined in this section. Copies protection closures; or for the rest of the of charts depicting these areas are (e) Ammen Rock Habitat Management fishing year, beginning with the start of available from the Regional Area. (1) The Ammen Rock HMA is the participation period of the letter of Administrator upon request. defined by straight lines connecting the authorization, if the vessel fishes or (a) Eastern Maine Habitat following points in the order stated: intends to fish in the year-round GOM Management Area. The Eastern Maine closure areas. HMA is bounded on the northwest by AMMEN ROCK HMA (ii) A vessel fishing under charter/ the outer limit of Maine state waters, party regulations may not fish in the and bounded on all other sides by Point N latitude W longitude GOM Cod Spawning Protection Area straight lines connecting the following ° ′ ° ′ specified at § 648.81(b)(3) during the points in the order stated: ARH1 ...... 42 55.5 N 68 57.0 W time period specified in that paragraph, ARH2 ...... 42°52.5′ N 68°55.0′ W ARH3 ...... 42°52.5′ N 68°57.0′ W unless the vessel complies with the EASTERN MAINE HMA ° ′ ° ′ requirements specified at ARH4 ...... 42 55.5 N 68 59.0 W ARH1 ...... 42°55.5′ N 68°57.0′ W § 648.81(b)(2)(iii). Point N latitude W longitude * * * * * EMH1 1 ..... 44°07.65′ N 68°10.64′ W (2) No fishing vessel, including ■ 14. In § 648.202, revise paragraph EMH2 ...... 44°02.50′ N 68°06.10′ W private and for-hire recreational fishing (b)(1) to read as follows: EMH3 ...... 43°51.00′ N 68°33.90′ W vessels, may fish in the Ammen Rock

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15276 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

HMA, except for vessels fishing (2) Western Gulf of Maine Shrimp WESTERN GULF OF MAINE SHRIMP exclusively with lobster traps, as Exemption Area. Vessels fishing with EXEMPTION AREA—Continued defined in § 697.2. shrimp trawls under the Small Mesh (f) Western Gulf of Maine Habitat Northern Shrimp Fishery Exemption Point N latitude W longitude Management Area. (1) Coordinates. The specified at § 648.80(a)(5) may fish Western GOM HMA is defined by the within the Western Gulf of Maine HMA SEA4 ...... 43°09′ N 70°05′ W straight lines connecting the following SEA5 ...... 43°09′ N 70°08′ W Shrimp Exemption Area which is ° ′ ° ′ points in the order stated: defined by the straight lines connecting SEA6 ...... 42 55 N 70 08 W SEA7 ...... 42°55′ N 70°15′ W the following points in the order stated: SEA8 ...... 43°15′ N 70°15′ W WESTERN GULF OF MAINE HMA SEA1 ...... 43°15′ N 70° W WESTERN GULF OF MAINE SHRIMP Point N latitude W longitude EXEMPTION AREA (g) Closed Area II Habitat Closure WGMH1 ... 43°15′ N 70°15′ W Point N latitude W longitude Area. The Closed Area II Habitat WGMH2 ... 42°15′ N 70°15′ W Closure Area is defined by the straight WGMH3 ... 42°15′ N 70°00′ W ° ′ ° ′ SEA1 ...... 43°15′ N 70° W lines, except where otherwise noted, WGMH4 ... 43 15 N 70 15 W ° ′ ° WGMH1 ... 43°15′ N 70°15′ W SEA2 ...... 43 13 N 70 W connecting the following points in the SEA3 ...... 43°13′ N 70°05′ W order stated:

CLOSED AREA II HABITAT CLOSURE AREA

Point N latitude W longitude Notes

CIIH1 ...... 42°10′ N 67°20′ W ...... CIIH2 ...... 42°10′ N 67°9.38′ W (12) CIIH3 ...... 42°00′ N 67°0.63′ W (23) CIIH4 ...... 42°00′ N 67°10′ W ...... CIIH5 ...... 41°50′ N 67°10′ W ...... CIIH6 ...... 41°50′ N 67°20′ W ...... CIIH1 ...... 42°10′ N 67°20′ W ...... 1 Point CIIH2 represents the intersection of 42°10′ N lat. and the U.S.-Canada Maritime Boundary. 2 From Point CIIH2 to Point CIIH3 along the U.S.-Canada Maritime Boundary. 3 Point CIIH3 represents the intersection of 42°00′ N lat. and the U.S.-Canada maritime Boundary.

(h) Great South Channel Habitat Point N latitude W longitude habitat recovery, natural disturbance, Management Area. (1) Coordinates. The and productivity. Great South Channel HMA is defined by GSC1 ...... 41°30.3′ N 69°31.0′ W (b) Stellwagen Dedicated Habitat the straight lines connecting the MBTG2 ..... 41°21.0′ N 69°27.2′ W Research Area. (1) The Stellwagen ° ′ ° ′ following points in the order stated: MBTG3 ..... 41 21.0 N 69 43.0 W DHRA is defined by the straight lines MBTG4 ..... 41°30.0′ N 69°43.0′ W connecting the following points in the GSC1 ...... 41°30.3′ N 69°31.0′ W GREAT SOUTH CHANNEL HMA order stated: (i) Transiting. Unless otherwise STELLWAGEN DHRA Point N latitude W longitude restricted, a vessel may transit the habitat management areas described in GSCH1 ..... 41°30.3′ N 69°31.0′ W Point N latitude W longitude this section provided that its gear is GSCH2 ..... 41°0.00′ N 69°18.5′ W stowed and not available for immediate SDHRA1 ... 42°15.0′ N 70°00.0′ W GSCH3 ..... 40°51.7′ N 69°18.5′ W SDHRA2 ... 42°15.0′ N 70°15.0′ W GSCH4 ..... 40°51.6′ N 69°48.9′ W use as defined in § 648.2. (j) Other habitat protection measures. SDHRA3 ... 42°45.2′ N 70°15.0′ W GSCH5 ..... 41°30.2′ N 69°49.3′ W ° ′ ° ′ The Inshore Gulf of Maine/Georges SDHRA4 ... 42 46.0 N 70 13.0 W GSCH1 ..... 41°30.3′ N 69°31.0′ W SDHRA5 ... 42°46.0′ N 70°00.0′ W Bank Restricted Roller Gear Area SDHRA1 ... 42°15.0′ N 70°00.0′ W described in § 648.80(a)(3)(vii) is (2) Hydraulic Clam Dredge considered a habitat protection measure Exemption. (i) Except for the portion of (2) Vessels fishing with bottom- and the restrictions outlined in that tending mobile gear, sink gillnet gear, or the Great South Channel HMA defined section apply to all bottom trawl gear. demersal longline gear are prohibited in paragraph (h)(2)(iii) of this section, (k) Review of habitat management from fishing in the Stellwagen DHRA, surfclam and ocean quahog permitted measures. The New England Fishery unless otherwise exempted. vessels may fish with hydraulic clam Management Council will develop a (c) Georges Bank Dedicated Habitat dredges in the Great South Channel strategic process to evaluate the Research Area. (1) The Georges Bank HMA. boundaries, scope, characteristics, and DHRA is defined by straight lines (ii) The Hydraulic clam dredge timing of habitat and spawning connecting the following points in the exemption is effective until April 9, protection areas to facilitate review of order stated: 2019, after which, no vessels fishing these areas at 10-year intervals. with hydraulic clam dredges may fish § 648.371 Dedicated Habitat Research GEORGES BANK DHRA within the Great South Channel HMA. Areas. Point Latitude Longitude (iii) The hydraulic clam dredge (a) Dedicated Habitat Research Area exemption does not apply in the area (DHRA) topics. The areas defined in this GBDHRA1 40°54.95′ N 68°53.37′ W defined as the straight lines connecting section are intended to facilitate GBDHRA2 40°58′ N 68°30′ W the following points in the order stated: coordinated research on gear impacts, GBDHRA3 40°45′ N 68°30′ W

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15277

GEORGES BANK DHRA—Continued used to determine if DHRA should be lobster trap gear in accordance with maintained: § 697.21 of this chapter, or fishing red Point Latitude Longitude (i) Documentation of active and crab trap gear in accordance with ongoing research in the DHRA area, in § 648.264. Bottom-tending gear includes ° ′ ° ′ GBDHRA4 40 45 N 68 45 W the form of data records, cruise reports but is not limited to bottom-tending or inventory samples with analytical otter trawls, bottom-tending beam (2) Vessels fishing with bottom- objectives focused on the DHRA topics, trawls, hydraulic dredges, non- tending mobile gear are prohibited from described in paragraph (a) of this hydraulic dredges, bottom-tending fishing in the Georges Bank DHRA, section; and seines, bottom longlines, pots and traps, unless otherwise exempted. (ii) Documentation of pending or and sink or anchored gillnets. The Frank (d) Transiting. Unless otherwise approved proposals or funding requests R. Lautenberg Deep-Sea Coral Protection restricted or specified in this paragraph (including ship time requests), with Area consists of the Broad and Discrete (d), a vessel may transit the Dedicated objectives specific to the DHRA topics, Deep-Sea Coral Zones defined in Habitat Research Areas of this section described in paragraph (a) of this paragraphs (b) and (c) of this section. section. provided that its gear is stowed and not (b) Broad Deep-Sea Coral Zone. The available for immediate use as defined (3) The Regional Administrator will make any such determination in Broad Deep-Sea Coral Zone is bounded in § 648.2. on the east by the outer limit of the U.S. (e) Dedicated Habitat Research Areas accordance with the APA through notification in the Federal Register. Exclusive Economic Zone, and bounded review. (1) The Regional Administrator on all other sides by straight lines shall initiate a review of the DHRAs § 648.372 Frank R. Lautenberg Deep-Sea connecting the following points in the defined in this section three years after Coral Protection Area. order stated (copies of a chart depicting implementation. (a) Restrictions. No vessel may fish this area are available from the Regional (2) After initiation of the review and with bottom-tending gear within the Administrator upon request). An consultation with the New England Frank R. Lautenberg Deep-Sea Coral asterisk (*) in the Discrete Zone column Fishery Management Council, the Protection Area described in this means the point is shared with a Regional Administrator may remove a section, unless transiting pursuant to Discrete Deep-Sea Coral Zone, as DHRA. The following criteria will be paragraph (d) of this section, fishing defined in paragraph (c) of this section.

BROAD ZONE

Point Latitude Longitude Discrete zone

1 ...... 36°33.02′ N 71°29.33′ W ...... 2 ...... 36°33.02′ N 72°00′ W ...... 3 ...... 36°33.02′ N 73°00′ W ...... 4 ...... 36°33.02′ N 74°00′ W ...... 5 ...... 36°33.02′ N 74°42.14′ W ...... 6 ...... 36°34.44′ N 74°42.23′ W ...... 7 ...... 36°35.53′ N 74°41.59′ W ...... 8 ...... 36°37.69′ N 74°41.51′ W ...... 9 ...... 36°42.09′ N 74°39.07′ W ...... 10 ...... 36°45.18′ N 74°38′ W ...... 11 ...... 36°45.69′ N 74°38.55′ W ...... 12 ...... 36°49.17′ N 74°38.31′ W ...... 13 ...... 36°49.56′ N 74°37.77′ W ...... 14 ...... 36°51.21′ N 74°37.81′ W ...... 15 ...... 36°51.78′ N 74°37.43′ W ...... 16 ...... 36°58.51′ N 74°36.51′ W (*) 17 ...... 36°58.62′ N 74°36.97′ W (*) 18 ...... 37°4.43′ N 74°41.03′ W (*) 19 ...... 37°5.83′ N 74°45.57′ W (*) 20 ...... 37°6.97′ N 74°40.8′ W (*) 21 ...... 37°4.52′ N 74°37.77′ W (*) 22 ...... 37°4.02′ N 74°33.83′ W (*) 23 ...... 37°4.52′ N 74°33.51′ W (*) 24 ...... 37°4.4′ N 74°33.11′ W (*) 25 ...... 37°7.38′ N 74°31.95′ W ...... 26 ...... 37°8.32′ N 74°32.4′ W ...... 27 ...... 37°8.51′ N 74°31.38′ W ...... 28 ...... 37°9.44′ N 74°31.5′ W ...... 29 ...... 37°16.83′ N 74°28.58′ W ...... 30 ...... 37°17.81′ N 74°27.67′ W ...... 31 ...... 37°18.72′ N 74°28.22′ W ...... 32 ...... 37°22.74′ N 74°26.24′ W (*) 33 ...... 37°22.87′ N 74°26.16′ W (*) 34 ...... 37°24.44′ N 74°28.57′ W (*) 35 ...... 37°24.67′ N 74°29.71′ W (*) 36 ...... 37°25.93′ N 74°30.13′ W (*) 37 ...... 37°27.25′ N 74°30.2′ W (*) 38 ...... 37°28.6′ N 74°30.6′ W (*) 39 ...... 37°29.43′ N 74°30.29′ W (*) 40 ...... 37°29.53′ N 74°29.95′ W (*) 41 ...... 37°27.68′ N 74°28.82′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15278 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

BROAD ZONE—Continued

Point Latitude Longitude Discrete zone

42 ...... 37°27.06′ N 74°28.76′ W (*) 43 ...... 37°26.39′ N 74°27.76′ W (*) 44 ...... 37°26.3′ N 74°26.87′ W (*) 45 ...... 37°25.69′ N 74°25.63′ W (*) 46 ...... 37°25.83′ N 74°24.22′ W (*) 47 ...... 37°25.68′ N 74°24.03′ W (*) 48 ...... 37°28.04′ N 74°23.17′ W ...... 49 ...... 37°27.72′ N 74°22.34′ W ...... 50 ...... 37°30.13′ N 74°17.77′ W ...... 51 ...... 37°33.83′ N 74°17.47′ W ...... 52 ...... 37°35.48′ N 74°14.84′ W ...... 53 ...... 37°36.99′ N 74°14.01′ W ...... 54 ...... 37°37.23′ N 74°13.02′ W ...... 55 ...... 37°42.85′ N 74°9.97′ W ...... 56 ...... 37°43.5′ N 74°8.79′ W ...... 57 ...... 37°45.22′ N 74°9.2′ W ...... 58 ...... 37°45.15′ N 74°7.24′ W (*) 59 ...... 37°45.88′ N 74°7.44′ W (*) 60 ...... 37°46.7′ N 74°5.98′ W (*) 61 ...... 37°49.62′ N 74°6.03′ W (*) 62 ...... 37°51.25′ N 74°5.48′ W (*) 63 ...... 37°51.99′ N 74°4.51′ W (*) 64 ...... 37°51.37′ N 74°3.3′ W (*) 65 ...... 37°50.63′ N 74°2.69′ W (*) 66 ...... 37°49.62′ N 74°2.28′ W (*) 67 ...... 37°50.28′ N 74°0.67′ W (*) 68 ...... 37°53.68′ N 73°57.41′ W (*) 69 ...... 37°55.07′ N 73°57.27′ W (*) 70 ...... 38°3.29′ N 73°49.1′ W (*) 71 ...... 38°6.19′ N 73°51.59′ W (*) 72 ...... 38°7.67′ N 73°52.19′ W (*) 73 ...... 38°9.04′ N 73°52.39′ W (*) 74 ...... 38°10.1′ N 73°52.32′ W (*) 75 ...... 38°11.98′ N 73°52.65′ W (*) 76 ...... 38°13.74′ N 73°50.73′ W (*) 77 ...... 38°13.15′ N 73°49.77′ W (*) 78 ...... 38°10.92′ N 73°50.37′ W (*) 79 ...... 38°10.2′ N 73°49.63′ W (*) 80 ...... 38°9.26′ N 73°49.68′ W (*) 81 ...... 38°8.38′ N 73°49.51′ W (*) 82 ...... 38°7.59′ N 73°47.91′ W (*) 83 ...... 38°6.96′ N 73°47.25′ W (*) 84 ...... 38°6.51′ N 73°46.99′ W (*) 85 ...... 38°5.69′ N 73°45.56′ W (*) 86 ...... 38°6.35′ N 73°44.8′ W (*) 87 ...... 38°7.5′ N 73°45.2′ W (*) 88 ...... 38°9.24′ N 73°42.61′ W (*) 89 ...... 38°9.41′ N 73°41.63′ W ...... 90 ...... 38°15.13′ N 73°37.58′ W ...... 91 ...... 38°15.25′ N 73°36.2′ W (*) 92 ...... 38°16.19′ N 73°36.91′ W (*) 93 ...... 38°16.89′ N 73°36.66′ W (*) 94 ...... 38°16.91′ N 73°36.35′ W (*) 95 ...... 38°17.63′ N 73°35.35′ W (*) 96 ...... 38°18.55′ N 73°34.44′ W (*) 97 ...... 38°18.38′ N 73°33.4′ W (*) 98 ...... 38°19.04′ N 73°33.02′ W (*) 99 ...... 38°25.08′ N 73°34.99′ W (*) 100 ...... 38°26.32′ N 73°33.44′ W (*) 101 ...... 38°29.72′ N 73°30.65′ W (*) 102 ...... 38°28.65′ N 73°29.37′ W (*) 103 ...... 38°25.53′ N 73°30.94′ W (*) 104 ...... 38°25.26′ N 73°29.97′ W (*) 105 ...... 38°23.75′ N 73°30.16′ W (*) 106 ...... 38°23.47′ N 73°29.7′ W (*) 107 ...... 38°22.76′ N 73°29.34′ W (*) 108 ...... 38°22.5′ N 73°27.63′ W (*) 109 ...... 38°21.59′ N 73°26.87′ W (*) 110 ...... 38°23.07′ N 73°24.11′ W ...... 111 ...... 38°25.83′ N 73°22.39′ W ...... 112 ...... 38°25.97′ N 73°21.43′ W ...... 113 ...... 38°34.14′ N 73°11.14′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15279

BROAD ZONE—Continued

Point Latitude Longitude Discrete zone

114 ...... 38°35.1′ N 73°10.43′ W (*) 115 ...... 38°35.94′ N 73°11.25′ W (*) 116 ...... 38°37.57′ N 73°10.49′ W (*) 117 ...... 38°37.21′ N 73°9.41′ W (*) 118 ...... 38°36.72′ N 73°8.85′ W (*) 119 ...... 38°43′ N 73°1.24′ W (*) 120 ...... 38°43.66′ N 73°0.36′ W (*) 121 ...... 38°45′ N 73°0.27′ W (*) 122 ...... 38°46.68′ N 73°1.07′ W (*) 123 ...... 38°47.54′ N 73°2.24′ W (*) 124 ...... 38°47.84′ N 73°2.24′ W (*) 125 ...... 38°49.03′ N 73°1.53′ W (*) 126 ...... 38°48.45′ N 73°1′ W (*) 127 ...... 38°49.15′ N 72°58.98′ W (*) 128 ...... 38°48.03′ N 72°56.7′ W (*) 129 ...... 38°49.84′ N 72°55.54′ W (*) 130 ...... 38°52.4′ N 72°52.5′ W (*) 131 ...... 38°53.87′ N 72°53.36′ W (*) 132 ...... 38°54.17′ N 72°52.58′ W (*) 133 ...... 38°54.7′ N 72°50.26′ W (*) 134 ...... 38°57.2′ N 72°47.74′ W (*) 135 ...... 38°58.64′ N 72°48.35′ W (*) 136 ...... 38°59.3′ N 72°47.86′ W (*) 137 ...... 38°59.22′ N 72°46.69′ W (*) 138 ...... 39°0.13′ N 72°45.47′ W (*) 139 ...... 39°1.69′ N 72°45.74′ W (*) 140 ...... 39°1.49′ N 72°43.67′ W (*) 141 ...... 39°3.9′ N 72°40.83′ W (*) 142 ...... 39°7.35′ N 72°41.26′ W (*) 143 ...... 39°7.16′ N 72°37.21′ W (*) 144 ...... 39°6.52′ N 72°35.78′ W (*) 145 ...... 39°11.73′ N 72°25.4′ W (*) 146 ...... 39°11.76′ N 72°22.33′ W ...... 147 ...... 39°19.08′ N 72°9.56′ W (*) 148 ...... 39°25.17′ N 72°13.03′ W (*) 149 ...... 39°28.8′ N 72°17.39′ W (*) 150 ...... 39°30.16′ N 72°20.41′ W (*) 151 ...... 39°31.38′ N 72°23.86′ W (*) 152 ...... 39°32.55′ N 72°25.07′ W (*) 153 ...... 39°34.57′ N 72°25.18′ W (*) 154 ...... 39°34.53′ N 72°24.23′ W (*) 155 ...... 39°33.17′ N 72°24.1′ W (*) 156 ...... 39°32.07′ N 72°22.77′ W (*) 157 ...... 39°32.17′ N 72°22.08′ W (*) 158 ...... 39°30.3′ N 72°15.71′ W (*) 159 ...... 39°29.49′ N 72°14.3′ W (*) 160 ...... 39°29.44′ N 72°13.24′ W (*) 161 ...... 39°27.63′ N 72°5.87′ W (*) 162 ...... 39°28.26′ N 72°2.2′ W (*) 163 ...... 39°29.88′ N 72°3.51′ W (*) 164 ...... 39°30.57′ N 72°3.47′ W (*) 165 ...... 39°31.28′ N 72°2.63′ W (*) 166 ...... 39°31.46′ N 72°1.41′ W (*) 167 ...... 39°37.15′ N 71°55.85′ W (*) 168 ...... 39°39.77′ N 71°53.7′ W (*) 169 ...... 39°41.5′ N 71°51.89′ W ...... 170 ...... 39°43.84′ N 71°44.85′ W (*) 171 ...... 39°48.01′ N 71°45.19′ W (*) 172 ...... 39°49.97′ N 71°39.29′ W (*) 173 ...... 39°55.08′ N 71°18.62′ W (*) 174 ...... 39°55.99′ N 71°16.07′ W (*) 175 ...... 39°57.04′ N 70°50.01′ W ...... 176 ...... 39°55.07′ N 70°32.42′ W ...... 177 ...... 39°50.24′ N 70°27.78′ W ...... 178 ...... 39°42.18′ N 70°20.09′ W ...... 179 ...... 39°34.11′ N 70°12.42′ W ...... 180 ...... 39°26.04′ N 70°4.78′ W ...... 181 ...... 39°17.96′ N 69°57.18′ W ...... 182 ...... 39°9.87′ N 69°49.6′ W ...... 183 ...... 39°1.77′ N 69°42.05′ W ...... 184 ...... 38°53.66′ N 69°34.53′ W ...... 185 ...... 38°45.54′ N 69°27.03′ W ......

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15280 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

BROAD ZONE—Continued

Point Latitude Longitude Discrete zone

186 ...... 38°37.42′ N 69°19.57′ W ...... 187 ...... 38°29.29′ N 69°12.13′ W ...... 188 ...... 38°21.15′ N 69°4.73′ W ...... 189 ...... 38°13′ N 68°57.35′ W ...... 190 ...... 38°4.84′ N 68°49.99′ W ...... 191 ...... 38°2.21′ N 68°47.62′ W ......

(c) Discrete Deep-Sea Coral Zones— following points in the order stated asterisk (*) in the Broad Zone column (1) Block Canyon. Block Canyon (copies of a chart depicting this area are means the point is shared with the discrete deep-sea coral zone is defined available from the Regional Broad Deep-Sea Coral Zone, as defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section.

BLOCK CANYON

Point Latitude Longitude Broad zone

1 ...... 39°55.08′ N 71°18.62′ W (*) 2 ...... 39°55.99′ N 71°16.07′ W (*) 3 ...... 39°49.51′ N 71°12.12′ W ...... 4 ...... 39°38.09′ N 71°9.5′ W ...... 5 ...... 39°37.4′ N 71°11.87′ W ...... 6 ...... 39°47.26′ N 71°17.38′ W ...... 7 ...... 39°52.6′ N 71°17.51′ W ...... 1 ...... 39°55.08′ N 71°18.62′ W (*)

(2) Ryan and McMaster Canyons. points in the order stated (copies of a Zone column means the point is shared Ryan and McMaster Canyons discrete chart depicting this area are available with the Broad Deep-sea Coral Zone, as deep-sea coral zone is defined by from the Regional Administrator upon defined in paragraph (b) of this section. straight lines connecting the following request). An asterisk (*) in the Broad

RYAN AND MCMASTER CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°43.84′ N 71°44.85′ W (*) 2 ...... 39°48.01′ N 71°45.19′ W (*) 3 ...... 39°49.97′ N 71°39.29′ W (*) 4 ...... 39°48.29′ N 71°37.18′ W ...... 5 ...... 39°42.96′ N 71°35.01′ W ...... 6 ...... 39°33.43′ N 71°27.91′ W ...... 7 ...... 39°31.75′ N 71°30.77′ W ...... 8 ...... 39°34.46′ N 71°35.68′ W ...... 9 ...... 39°40.12′ N 71°42.36′ W ...... 1 ...... 39°43.84′ N 71°44.85′ W (*)

(3) Emery and Uchupi Canyons. points in the order stated (copies of a Zone column means the point is shared Emery and Uchupi Canyons discrete chart depicting this area are available with the Broad Deep-sea Coral Zone, as deep-sea coral zone is defined by from the Regional Administrator upon defined in paragraph (b) of this section. straight lines connecting the following request). An asterisk (*) in the Broad

EMERY AND UCHUPI CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°37.15′ N 71°55.85′ W (*) 2 ...... 39°39.77′ N 71°53.7′ W (*) 3 ...... 39°39.55′ N 71°47.68′ W ...... 4 ...... 39°30.78′ N 71°36.24′ W ...... 5 ...... 39°27.26′ N 71°39.13′ W ...... 6 ...... 39°28.99′ N 71°45.47′ W ...... 7 ...... 39°33.91′ N 71°52.61′ W ...... 1 ...... 39°37.15′ N 71°55.85′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15281

(4) Jones and Babylon Canyons. Jones order stated (copies of a chart depicting means the point is shared with the and Babylon Canyons discrete deep-sea this area are available from the Regional Broad Deep-sea Coral Zone, as defined coral zone is defined by straight lines Administrator upon request). An in paragraph (b) of this section. connecting the following points in the asterisk (*) in the Broad Zone column

JONES AND BABYLON CANYONS

Point Latitude Longitude Broad zone

1 ...... 39°28.26′ N 72°2.2′ W (*) 2 ...... 39°29.88′ N 72°3.51′ W (*) 3 ...... 39°30.57′ N 72°3.47′ W (*) 4 ...... 39°31.28′ N 72°2.63′ W (*) 5 ...... 39°31.46′ N 72°1.41′ W (*) 6 ...... 39°30.37′ N 71°57.72′ W ...... 7 ...... 39°30.63′ N 71°55.13′ W ...... 8 ...... 39°23.81′ N 71°48.15′ W ...... 9 ...... 39°23′ N 71°52.48′ W ...... 1 ...... 39°28.26′ N 72°2.2′ W (*)

(5) Hudson Canyon. Hudson Canyon (copies of a chart depicting this area are means the point is shared with the discrete deep-sea coral zone is defined available from the Regional Broad Deep-Sea Coral Zone, as defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

HUDSON CANYON

Point Latitude Longitude Broad zone

1 ...... 39°19.08′ N 72°9.56′ W (*) 2 ...... 39°25.17′ N 72°13.03′ W (*) 3 ...... 39°28.8′ N 72°17.39′ W (*) 4 ...... 39°30.16′ N 72°20.41′ W (*) 5 ...... 39°31.38′ N 72°23.86′ W (*) 6 ...... 39°32.55′ N 72°25.07′ W (*) 7 ...... 39°34.57′ N 72°25.18′ W (*) 8 ...... 39°34.53′ N 72°24.23′ W (*) 9 ...... 39°33.17′ N 72°24.1′ W (*) 10 ...... 39°32.07′ N 72°22.77′ W (*) 11 ...... 39°32.17′ N 72°22.08′ W (*) 12 ...... 39°30.3′ N 72°15.71′ W (*) 13 ...... 39°29.49′ N 72°14.3′ W (*) 14 ...... 39°29.44′ N 72°13.24′ W (*) 15 ...... 39°27.63′ N 72°5.87′ W (*) 16 ...... 39°13.93′ N 71°48.44′ W ...... 17 ...... 39°10.39′ N 71°52.98′ W ...... 18 ...... 39°14.27′ N 72°3.09′ W ...... 1 ...... 39°19.08′ N 72°9.56′ W (*)

(6) Mey-Lindenkohl Slope. Mey- order stated (copies of a chart depicting means the point is shared with the Lindenkohl Slope discrete deep-sea this area are available from the Regional Broad Deep-Sea Coral Zone, as defined coral zone is defined by straight lines Administrator upon request). An in paragraph (b) of this section. connecting the following points in the asterisk (*) in the Broad Zone column

MEY-LINDENKOHL SLOPE

Point Latitude Longitude Broad zone

1 ...... 38°43′ N 73°1.24′ W (*) 2 ...... 38°43.66′ N 73°0.36′ W (*) 3 ...... 38°45′ N 73°0.27′ W (*) 4 ...... 38°46.68′ N 73°1.07′ W (*) 5 ...... 38°47.54′ N 73°2.24′ W (*) 6 ...... 38°47.84′ N 73°2.24′ W (*) 7 ...... 38°49.03′ N 73°1.53′ W (*) 8 ...... 38°48.45′ N 73°1′ W (*) 9 ...... 38°49.15′ N 72°58.98′ W (*) 10 ...... 38°48.03′ N 72°56.7′ W (*) 11 ...... 38°49.84′ N 72°55.54′ W (*) 12 ...... 38°52.4′ N 72°52.5′ W (*) 13 ...... 38°53.87′ N 72°53.36′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15282 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

MEY-LINDENKOHL SLOPE—Continued

Point Latitude Longitude Broad zone

14 ...... 38°54.17′ N 72°52.58′ W (*) 15 ...... 38°54.7′ N 72°50.26′ W (*) 16 ...... 38°57.2′ N 72°47.74′ W (*) 17 ...... 38°58.64′ N 72°48.35′ W (*) 18 ...... 38°59.3′ N 72°47.86′ W (*) 19 ...... 38°59.22′ N 72°46.69′ W (*) 20 ...... 39°0.13′ N 72°45.47′ W (*) 21 ...... 39°1.69′ N 72°45.74′ W (*) 22 ...... 39°1.49′ N 72°43.67′ W (*) 23 ...... 39°3.9′ N 72°40.83′ W (*) 24 ...... 39°7.35′ N 72°41.26′ W (*) 25 ...... 39°7.16′ N 72°37.21′ W (*) 26 ...... 39°6.52′ N 72°35.78′ W (*) 27 ...... 39°11.73′ N 72°25.4′ W (*) 28 ...... 38°58.85′ N 72°11.78′ W ...... 29 ...... 38°32.39′ N 72°47.69′ W ...... 30 ...... 38°34.88′ N 72°53.78′ W ...... 1 ...... 38°43′ N 73°1.24′ W (*)

(7) Spencer Canyon. Spencer Canyon (copies of a chart depicting this area are means the point is shared with the discrete deep-sea coral zone is defined available from the Regional Broad Deep-Sea Coral Zone, as defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

SPENCER CANYON

Point Latitude Longitude Broad zone

1 ...... 38°34.14′ N 73°11.14′ W (*) 2 ...... 38°35.1′ N 73°10.43′ W (*) 3 ...... 38°35.94′ N 73°11.25′ W (*) 4 ...... 38°37.57′ N 73°10.49′ W (*) 5 ...... 38°37.21′ N 73°9.41′ W (*) 6 ...... 38°36.72′ N 73°8.85′ W (*) 7 ...... 38°36.59′ N 73°8.25′ W ...... 8 ...... 38°28.94′ N 72°58.96′ W ...... 9 ...... 38°26.45′ N 73°3.24′ W ...... 1 ...... 38°34.14′ N 73°11.14′ W (*)

(8) Wilmington Canyon. Wilmington (copies of a chart depicting this area are means the point is shared with the Canyon discrete deep-sea coral zone is available from the Regional Broad Deep-sea Coral Zone, as defined defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

WILMINGTON CANYON

Point Latitude Longitude Broad zone

1 ...... 38°19.04′ N 73°33.02′ W (*) 2 ...... 38°25.08′ N 73°34.99′ W (*) 3 ...... 38°26.32′ N 73°33.44′ W (*) 4 ...... 38°29.72′ N 73°30.65′ W (*) 5 ...... 38°28.65′ N 73°29.37′ W (*) 6 ...... 38°25.53′ N 73°30.94′ W (*) 7 ...... 38°25.26′ N 73°29.97′ W (*) 8 ...... 38°23.75′ N 73°30.16′ W (*) 9 ...... 38°23.47′ N 73°29.7′ W (*) 10 ...... 38°22.76′ N 73°29.34′ W (*) 11 ...... 38°22.5′ N 73°27.63′ W (*) 12 ...... 38°21.59′ N 73°26.87′ W (*) 13 ...... 38°18.52′ N 73°22.95′ W ...... 14 ...... 38°14.41′ N 73°16.64′ W ...... 15 ...... 38°13.23′ N 73°17.32′ W ...... 16 ...... 38°15.79′ N 73°26.38′ W ...... 1 ...... 38°19.04′ N 73°33.02′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15283

(9) North Heyes and South straight lines connecting the following request). An asterisk (*) in the Broad Wilmington Canyons. North Heyes and points in the order stated (copies of a Zone column means the point is shared South Wilmington Canyons discrete chart depicting this area are available with the Broad Deep-Sea Coral Zone, as deep-sea coral zone is defined by from the Regional Administrator upon defined in paragraph (b) of this section.

NORTH HEYES AND SOUTH WILMINGTON CANYONS

Point Latitude Longitude Broad zone

1 ...... 38°15.25′ N 73°36.2′ W (*) 2 ...... 38°16.19′ N 73°36.91′ W (*) 3 ...... 38°16.89′ N 73°36.66′ W (*) 4 ...... 38°16.91′ N 73°36.35′ W (*) 5 ...... 38°17.63′ N 73°35.35′ W (*) 6 ...... 38°18.55′ N 73°34.44′ W (*) 7 ...... 38°18.38′ N 73°33.4′ W (*) 8 ...... 38°19.04′ N 73°33.02′ W (*) 9 ...... 38°15.79′ N 73°26.38′ W ...... 10 ...... 38°14.98′ N 73°24.73′ W ...... 11 ...... 38°12.32′ N 73°21.22′ W ...... 12 ...... 38°11.06′ N 73°22.21′ W ...... 13 ...... 38°11.13′ N 73°28.72′ W ...... 1 ...... 38°15.25′ N 73°36.2′ W (*)

(10) South Vries Canyon. South Vries (copies of a chart depicting this area are means the point is shared with the Canyon discrete deep-sea coral zone is available from the Regional Broad Deep-Sea Coral Zone, as defined defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

SOUTH VRIES CANYON

Point Latitude Longitude Broad zone

1 ...... 38°6.35′ N 73°44.8′ W (*) 2 ...... 38°7.5′ N 73°45.2′ W (*) 3 ...... 38°9.24′ N 73°42.61′ W (*) 4 ...... 38°3.22′ N 73°29.22′ W ...... 5 ...... 38°2.38′ N 73°29.78′ W ...... 6 ...... 38°2.54′ N 73°36.73′ W ...... 1 ...... 38°6.35′ N 73°44.8′ W (*)

(11) Baltimore Canyon. Baltimore (copies of a chart depicting this area are means the point is shared with the Canyon discrete deep-sea coral zone is available from the Regional Broad Deep-Sea Coral Zone, as defined defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

BALTIMORE CANYON

Point Latitude Longitude Broad zone

1 ...... 38°3.29′ N 73°49.1′ W (*) 2 ...... 38°6.19′ N 73°51.59′ W (*) 3 ...... 38°7.67′ N 73°52.19′ W (*) 4 ...... 38°9.04′ N 73°52.39′ W (*) 5 ...... 38°10.1′ N 73°52.32′ W (*) 6 ...... 38°11.98′ N 73°52.65′ W (*) 7 ...... 38°13.74′ N 73°50.73′ W (*) 8 ...... 38°13.15′ N 73°49.77′ W (*) 9 ...... 38°10.92′ N 73°50.37′ W (*) 10 ...... 38°10.2′ N 73°49.63′ W (*) 11 ...... 38°9.26′ N 73°49.68′ W (*) 12 ...... 38°8.38′ N 73°49.51′ W (*) 13 ...... 38°7.59′ N 73°47.91′ W (*) 14 ...... 38°6.96′ N 73°47.25′ W (*) 15 ...... 38°6.51′ N 73°46.99′ W (*) 16 ...... 38°5.69′ N 73°45.56′ W (*) 17 ...... 38°6.35′ N 73°44.8′ W (*) 18 ...... 38°2.54′ N 73°36.73′ W ...... 19 ...... 37°59.19′ N 73°40.67′ W ...... 1 ...... 38°3.29′ N 73°49.1′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 15284 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations

(12) Warr and Phoenix Canyon following points in the order stated asterisk (*) in the Broad Zone column Complex. Warr and Phoenix Canyon (copies of a chart depicting this area are means the point is shared with the Complex discrete deep-sea coral zone is available from the Regional Broad Deep-Sea Coral Zone, as defined defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section.

WARR AND PHOENIX CANYON COMPLEX

Point Latitude Longitude Broad zone

1 ...... 37°53.68′ N 73°57.41′ W (*) 2 ...... 37°55.07′ N 73°57.27′ W (*) 3 ...... 38°3.29′ N 73°49.1′ W (*) 4 ...... 37°59.19′ N 73°40.67′ W ...... 5 ...... 37°52.5′ N 73°35.28′ W ...... 6 ...... 37°50.92′ N 73°36.59′ W ...... 7 ...... 37°49.84′ N 73°47.11′ W ...... 1 ...... 37°53.68′ N 73°57.41′ W (*)

(13) Accomac and Leonard Canyons. points in the order stated (copies of a Zone column means the point is shared Accomac and Leonard Canyons discrete chart depicting this area are available with the Broad Deep-Sea Coral Zone, as deep-sea coral zone is defined by from the Regional Administrator upon defined in paragraph (b) of this section. straight lines connecting the following request). An asterisk (*) in the Broad

ACCOMAC AND LEONARD CANYONS

Point Latitude Longitude Broad zone

1 ...... 37°45.15′ N 74°7.24′ W (*) 2 ...... 37°45.88′ N 74°7.44′ W (*) 3 ...... 37°46.7′ N 74°5.98′ W (*) 4 ...... 37°49.62′ N 74°6.03′ W (*) 5 ...... 37°51.25′ N 74°5.48′ W (*) 6 ...... 37°51.99′ N 74°4.51′ W (*) 7 ...... 37°51.37′ N 74°3.3′ W (*) 8 ...... 37°50.63′ N 74°2.69′ W (*) 9 ...... 37°49.62′ N 74°2.28′ W (*) 10 ...... 37°50.28′ N 74°0.67′ W (*) 11 ...... 37°50.2′ N 74°0.17′ W ...... 12 ...... 37°50.52′ N 73°58.59′ W ...... 13 ...... 37°50.99′ N 73°57.17′ W ...... 14 ...... 37°50.4′ N 73°52.35′ W ...... 15 ...... 37°42.76′ N 73°44.86′ W ...... 16 ...... 37°39.96′ N 73°48.32′ W ...... 17 ...... 37°40.04′ N 73°58.25′ W ...... 18 ...... 37°44.14′ N 74°6.96′ W ...... 1 ...... 37°45.15′ N 74°7.24′ W (*)

(14) Washington Canyon. Washington (copies of a chart depicting this area are means the point is shared with the Canyon discrete deep-sea coral zone is available from the Regional Broad Deep-Sea Coral Zone, as defined defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

WASHINGTON CANYON

Point Latitude Longitude Broad zone

1 ...... 37°22.74′ N 74°26.24′ W (*) 2 ...... 37°22.87′ N 74°26.16′ W (*) 3 ...... 37°24.44′ N 74°28.57′ W (*) 4 ...... 37°24.67′ N 74°29.71′ W (*) 5 ...... 37°25.93′ N 74°30.13′ W (*) 6 ...... 37°27.25′ N 74°30.2′ W (*) 7 ...... 37°28.6′ N 74°30.6′ W (*) 8 ...... 37°29.43′ N 74°30.29′ W (*) 9 ...... 37°29.53′ N 74°29.95′ W (*) 10 ...... 37°27.68′ N 74°28.82′ W (*) 11 ...... 37°27.06′ N 74°28.76′ W (*) 12 ...... 37°26.39′ N 74°27.76′ W (*) 13 ...... 37°26.3′ N 74°26.87′ W (*) 14 ...... 37°25.69′ N 74°25.63′ W (*) 15 ...... 37°25.83′ N 74°24.22′ W (*)

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4700 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Rules and Regulations 15285

WASHINGTON CANYON—Continued

Point Latitude Longitude Broad zone

16 ...... 37°25.68′ N 74°24.03′ W (*) 17 ...... 37°25.08′ N 74°23.29′ W ...... 18 ...... 37°16.81′ N 73°52.13′ W ...... 19 ...... 37°11.27′ N 73°54.05′ W ...... 20 ...... 37°15.73′ N 74°12.2′ W ...... 1 ...... 37°22.74′ N 74°26.24′ W (*)

(15) Norfolk Canyon. Norfolk Canyon (copies of a chart depicting this area are means the point is shared with the discrete deep-sea coral zone is defined available from the Regional Broad Deep-Sea Coral Zone, as defined by straight lines connecting the Administrator upon request). An in paragraph (b) of this section. following points in the order stated asterisk (*) in the Broad Zone column

NORFOLK CANYON

Point Latitude Longitude Broad zone

1 ...... 36°58.51′ N 74°36.51′ W (*) 2 ...... 36°58.62′ N 74°36.97′ W (*) 3 ...... 37°4.43′ N 74°41.03′ W (*) 4 ...... 37°5.83′ N 74°45.57′ W (*) 5 ...... 37°6.97′ N 74°40.8′ W (*) 6 ...... 37°4.52′ N 74°37.77′ W (*) 7 ...... 37°4.02′ N 74°33.83′ W (*) 8 ...... 37°4.52′ N 74°33.51′ W (*) 9 ...... 37°4.40′ N 74°33.11′ W (*) 10 ...... 37°4.16′ N 74°32.37′ W ...... 11 ...... 37°4.40′ N 74°30.58′ W ...... 12 ...... 37°3.65′ N 74°3.66′ W ...... 13 ...... 36°57.75′ N 74°3.61′ W ...... 14 ...... 36°59.77′ N 74°30′ W ...... 15 ...... 36°58.23′ N 74°32.95′ W ...... 16 ...... 36°57.99′ N 74°34.18′ W ...... 1 ...... 36°58.51′ N 74°36.51′ W (*)

(d) Transiting. Vessels may transit the gear that is prohibited in these areas is vessel transits the Broad and Discrete Broad and Discrete Deep-Sea Coral onboard, out of the water, and not Deep-Sea Coral Zones. Zones defined in paragraphs (b) and (c) deployed. Fishing gear is not required to [FR Doc. 2018–06760 Filed 4–6–18; 8:45 am] of this section, provided bottom-tending meet the definition of ‘‘not available for BILLING CODE 3510–22–P trawl nets are out of the water and immediate use’’ in § 648.2, when a stowed on the reel and any other fishing

VerDate Sep<11>2014 18:30 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4701 Sfmt 9990 E:\FR\FM\09APR2.SGM 09APR2 sradovich on DSK3GMQ082PROD with RULES2 Vol. 83 Monday, No. 68 April 9, 2018

Part III

The President

Memorandum of April 4, 2018—Delegation of Authorities Under Section 3136 of the National Defense Authorization Act for Fiscal Year 2018

VerDate Sep<11>2014 18:32 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\09APO0.SGM 09APO0 sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 18:32 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\09APO0.SGM 09APO0 sradovich on DSK3GMQ082PROD with PRES DOCS 15289

Federal Register Presidential Documents Vol. 83, No. 68

Monday, April 9, 2018

Title 3— Memorandum of April 4, 2018

The President Delegation of Authorities Under Section 3136 of the National Defense Authorization Act for Fiscal Year 2018

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

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Energy, in coordina- tion with the Secretary of State, Secretary of Defense, Secretary of Homeland Security, and the Director of National Intelligence, the functions and authori- ties vested in the President by section 3136 of the National Defense Author- ization Act for Fiscal Year 2018 (Public Law 115–91). The delegations in this memorandum shall apply to any provisions of any future public law that are the same or substantially the same as the provision referenced in this memorandum. The Secretary of Energy is authorized and directed to publish this memo- randum in the Federal Register

THE WHITE HOUSE, Washington, April 4, 2018

[FR Doc. 2018–07418 4–6–18; 11:15 am] Billing code 6450–01–P

VerDate Sep<11>2014 18:32 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09APO0.SGM 09APO0 sradovich on DSK3GMQ082PROD with PRES DOCS Trump.EPS i

Reader Aids Federal Register Vol. 83, No. 68 Monday, April 9, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 274a...... 13826 Presidential Documents 3 CFR 280...... 13826 Executive orders and proclamations 741–6000 Proclamations: The United States Government Manual 741–6000 9713...... 14341 9 CFR 9714...... 14343 Other Services Proposed Rules: 9715...... 14345 145...... 15082 Electronic and on-line services (voice) 741–6020 9716...... 14559 146...... 15082 Privacy Act Compilation 741–6050 9717...... 14561 147...... 15082 Public Laws Update Service (numbers, dates, etc.) 741–6043 9718...... 14563 9719...... 14727 12 CFR 9720...... 15017 34...... 15019 ELECTRONIC RESEARCH Administrative Orders: 225...... 15019 Memorandums: World Wide Web 323...... 15019 Memorandum of April 326...... 13839 Full text of the daily Federal Register, CFR and other publications 4, 2018 ...... 15289 327...... 14565 is located at: www.fdsys.gov. Notices: 343...... 13843 Notice of April 4, 390...... 13843 Federal Register information and research tools, including Public 2018 ...... 14731 Inspection List, indexes, and Code of Federal Regulations are 391...... 13839 located at: www.ofr.gov. 4 CFR 741...... 14741 Proposed Rules: 21...... 13817 E-mail 325...... 13880 900...... 14205 FEDREGTOC (Daily Federal Register Table of Contents Electronic 6 CFR 906...... 14205 Mailing List) is an open e-mail service that provides subscribers 27...... 13826 956...... 14205 with a digital form of the Federal Register Table of Contents. The 957...... 14205 digital form of the Federal Register Table of Contents includes 7 CFR 958...... 14205 HTML and PDF links to the full text of each document. 205...... 14347 215...... 14173 959...... 14205 To join or leave, go to https://public.govdelivery.com/accounts/ 227...... 14173 960...... 14205 USGPOOFR/subscriber/new, enter your email address, then 246...... 14173 961...... 14205 follow the instructions to join, leave, or manage your 247...... 14173 962...... 14205 subscription. 248...... 14173 963...... 14205 PENS (Public Law Electronic Notification Service) is an e-mail 249...... 14173 964...... 14205 service that notifies subscribers of recently enacted laws. 272...... 14173 965...... 14205 966...... 14205 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 277...... 14173 967...... 14205 and select Join or leave the list (or change settings); then follow 319...... 14733 968...... 14205 the instructions. 900...... 14736 905...... 14348 969...... 14205 FEDREGTOC and PENS are mailing lists only. We cannot 915...... 14736 970...... 14205 respond to specific inquiries. 917...... 14736 971...... 14205 Reference questions. Send questions and comments about the 923...... 14736 972...... 14205 Federal Register system to: [email protected] 925...... 14736 973...... 14205 929...... 14350 974...... 14205 The Federal Register staff cannot interpret specific documents or 975...... 14205 regulations. 932...... 14736 946...... 14736 976...... 14205 CFR Checklist. Effective January 1, 2009, the CFR Checklist no 948...... 14736 977...... 14205 longer appears in the Federal Register. This information can be 953...... 14736 978...... 14205 found online at http://bookstore.gpo.gov/. 955...... 14736 979...... 14205 956...... 14736 980...... 14205 FEDERAL REGISTER PAGES AND DATE, APRIL 958...... 14736 981...... 14205 966...... 14357 982...... 14205 13817–14172...... 2 981...... 14738 983...... 14205 14173–14346...... 3 984...... 14738 984...... 14205 14347–14564...... 4 987...... 14738 985...... 14205 14565–14732...... 5 993...... 14738 986...... 14205 987...... 14205 14733–15018...... 6 Proposed Rules: 988...... 14205 15019–15290...... 9 905...... 14203 932...... 14379 989...... 14205 985...... 14766 990...... 14205 1051...... 14110 991...... 14205 1206...... 14771 992...... 14205 993...... 14205 8 CFR 994...... 14205 270...... 13826 995...... 14205

VerDate Sep 11 2014 19:52 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\09APCU.LOC 09APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU ii Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Reader Aids

996...... 14205 Proposed Rules: 42 CFR 1106...... 15075 9 ...... 14787, 14791, 14795, 997...... 14205 Proposed Rules: 1108...... 15075 998...... 14205 15091 100...... 14391 1110...... 15075 999...... 14205 1112...... 15075 Ch. XII...... 14605 28 CFR 44 CFR 1113...... 15075 1239...... 14781 16...... 14749 64...... 14376 1114...... 15075 1273...... 14781 1116...... 15075 30 CFR 45 CFR 1117...... 15075 14 CFR 56...... 15055 5b...... 14183 1119...... 15075 25...... 14360 57...... 15055 1120...... 15075 39 ...... 14568, 14741, 14743, 47 CFR 1132...... 15075 15036, 15038, 15041, 15043, 31 CFR 51...... 14185 1133...... 15075 15045, 15048 54...... 14185 Proposed Rules: 1135...... 15075 71 ...... 14574, 14576, 14580, 69...... 14185 1141...... 15075 14745, 15050 30...... 15095 32...... 15095 Proposed Rules: 1144...... 15075 73...... 14174 1...... 13888, 14395 1146...... 15075 97...... 15051, 15052 32 CFR 2...... 13888 1147...... 15075 Proposed Rules: 5...... 13888 1150...... 15075 81...... 15065 39 ...... 13883, 13885, 14207, 15...... 13888 1152...... 15075 182...... 14588 14606 73...... 13903 1155...... 15075 185...... 14589 71 ...... 14608, 14610, 14785 101...... 13888 1177...... 15075 15 CFR 33 CFR 48 CFR 1180...... 15075 1182...... 15075 738...... 13849 27...... 13826 Proposed Rules: 1184...... 15075 740...... 13849 100 ...... 14364, 14751, 15065 831...... 14826 1185...... 15075 745...... 13849 117 ...... 13865, 13866, 13867, 833...... 14826 1200...... 15075 774...... 13849, 14580 14365, 14367, 15067 844...... 14833 1220...... 15075 2008...... 15054 165 ...... 14367, 14589, 14752 845...... 14833 1242...... 15075 Proposed Rules: 852...... 14826 16 CFR 1243...... 15075 100 ...... 14219, 14381, 15096, 871...... 14826 305...... 14583 1244...... 15075 15099 2402...... 15101 1245...... 15075 Proposed Rules: 165 ...... 14226, 14384, 14801 2416...... 15101 1246...... 15075 312...... 14611 2437...... 15101 1247...... 15075 38 CFR 2442...... 15101 19 CFR 1248...... 15075 4...... 15068 2452...... 15101 4...... 13826 1253...... 15075 Proposed Rules: 49 CFR 1305...... 15075 20 CFR 1...... 14613 1310...... 15075 3...... 14803 1001...... 15075 404...... 13862 1003...... 15075 1312...... 15075 5...... 14803 1313...... 15075 17...... 14804 1004...... 15075 21 CFR 1005...... 15075 1319...... 15075 1331...... 15075 510...... 14584 39 CFR 1007...... 15075 520...... 14584 1011...... 15075 1333...... 15075 522...... 14584 111...... 14369 1012...... 15075 1503...... 13826 526...... 14584 1013...... 15075 Proposed Rules: 558...... 14584 40 CFR 1016...... 15075 578...... 13904 890...... 13863 52 ...... 13867, 13869, 13871, 1018...... 15075 900...... 13863 13872, 13875, 14175, 14179, 1019...... 15075 50 CFR 1020...... 13863 14373, 14591, 14754, 14757, 1033...... 15075 1040...... 13863 14759, 14762, 15074 1034...... 15075 17 ...... 14189, 14198, 14958 Proposed Rules: 62...... 13878 1035...... 15075 622...... 14202 73...... 15089 70...... 14762 1037...... 15075 648...... 15240 81...... 14373, 14597 1090...... 15075 679...... 14603 26 CFR 770...... 14375 1100...... 15075 Proposed Rules: 1...... 14175 Proposed Rules: 1101...... 15075 17...... 13919, 14836 52 ...... 14386, 14389, 14807 1103...... 15075 218...... 15117 27 CFR 62...... 14232 1104...... 15075 622...... 14234, 14400 9...... 14745 63...... 14984 1105...... 15075 648...... 14236

VerDate Sep 11 2014 19:52 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\09APCU.LOC 09APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Reader Aids iii

Register but may be ordered H.R. 4851/P.L. 115–163 enacted public laws. To in ‘‘slip law’’ (individual Kennedy-King National subscribe, go to http:// LIST OF PUBLIC LAWS pamphlet) form from the Commemorative Site Act (Apr. listserv.gsa.gov/archives/ This is a continuing list of Superintendent of Documents, 4, 2018; 132 Stat. 1251) publaws-l.html public bills from the current U.S. Government Publishing Last List April 5, 2018 session of Congress which Office, Washington, DC 20402 Note: This service is strictly have become Federal laws. (phone, 202–512–1808). The Public Laws Electronic for E-mail notification of new This list is also available text will also be made laws. The text of laws is not online at http:// Notification Service available on the Internet from available through this service. www.archives.gov/federal- GPO’s Federal Digital System (PENS) register/laws. PENS cannot respond to (FDsys) at http://www.gpo.gov/ specific inquiries sent to this The text of laws is not fdsys. Some laws may not yet PENS is a free electronic mail address. published in the Federal be available. notification service of newly

VerDate Sep 11 2014 19:52 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4711 E:\FR\FM\09APCU.LOC 09APCU sradovich on DSK3GMQ082PROD with FRONT MATTER CU