Vol. 84 Thursday, No. 55 March 21, 2019

Pages 10399–10664

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 84, No. 55

Thursday, March 21, 2019

Agency for International Development Consumer Product Safety Commission PROPOSED RULES NOTICES United States Agency for International Development Agency Information Collection Activities; Proposals, Acquisition Regulation: Submissions, and Approvals: Security and Information Technology Requirements, Requirements Pertaining to Third Party Conformity 10469–10475 Assessment Bodies, 10478–10479 NOTICES Meetings: Defense Department Board for International Food and Agricultural See Air Force Department Development, 10476 See Army Department NOTICES Agriculture Department Agency Information Collection Activities; Proposals, See Natural Resources Conservation Service Submissions, and Approvals, 10481–10483 NOTICES Agency Information Collection Activities; Proposals, Drug Enforcement Administration Submissions, and Approvals, 10476 NOTICES Bulk Manufacturer of Controlled Substances; Application: Siemens Healthcare Diagnostics Inc., 10534 Air Force Department Importer of Controlled Substances; Application: NOTICES Fisher Clinical Services, Inc., 10535 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10479–10480 Education Department NOTICES Army Department Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, National Assessment of Educational Progress 2019 and Submissions, and Approvals, 10480–10481 2020 Long-Term Trend Update Emergency Clearance, 10483–10484 Centers for Disease Control and Prevention NOTICES Election Assistance Commission Statement of Organization, Functions, and Delegations of NOTICES Authority, 10518–10519 Meetings: Technical Guidelines Development Committee; Conference Call, 10484 Civil Rights Commission NOTICES Employee Benefits Security Administration Meetings: Ohio Advisory Committee, 10478 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10536–10537 Coast Guard RULES Employment and Training Administration Drawbridge Operations: NOTICES Atlantic Intracoastal Waterway, Fort Pierce, FL, 10411– Trade Adjustment Assistance; Determinations, 10540–10550 10412 Worker Adjustment Assistance; Investigations, 10537– Safety Zone: 10539 Commandant’s State of the Coast Guard Address, San Pedro, California, 10413–10415 Energy Department Delaware River, Philadelphia, PA, 10415–10417, 10430– See Federal Energy Regulatory Commission 10433 See Western Area Power Administration Missouri River, Miles 360–450, Kansas City, MO to St. NOTICES Joseph, MO, 10417–10419 Application to Export Electric Energy: Safety Zones: Citigroup Commodities Canada ULC, 10485 Annual Events Requiring Safety Zones in the Captain of TransCanada Energy Sales Ltd., 10485–10486 the Port Lake Michigan Zone-Tulip Time Festival Fireworks, 10412–10413 Environmental Protection Agency Security Zone: RULES Potomac River, Montgomery County, MD, 10420–10430 Air Quality State Implementation Plans; Approvals and Promulgations: Commerce Department Wyoming; Revisions to Regional Haze State See National Oceanic and Atmospheric Administration Implementation Plan, 10433–10437

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PROPOSED RULES Federal Deposit Insurance Corporation Air Quality State Implementation Plans; Approvals and NOTICES Promulgations: Meetings: Illinois; Redesignation of the Illinois Portion of the St. Proposal by BB and T Corp. to Acquire SunTrust Banks, Louis Area to Attainment of the 1997 Annual Inc. and its Subsidiary, SunTrust Bank, and to Merge Standard for Fine Particulate Matter, 10461–10469 SunTrust Bank with and into Branch Banking and New Jersey; Source Specific Air Quality Implementation Trust Co., 10517–10518 Plans, 10458–10461 Modifications to Fuel Regulations: Federal Election Commission Provide Flexibility for E15; Modifications to RFS RIN NOTICES Market Regulations, 10584–10630 Meetings; Sunshine Act, 10516 NOTICES Federal Emergency Management Agency Access to Confidential Business Information by Syracuse RULES Research Corp. and its Identified Subcontractors, Factors Considered When Evaluating a Governor’s Request 10511–10512 for Individual Assistance for a Major Disaster, 10632– Agency Information Collection Activities; Proposals, 10664 Submissions, and Approvals: NOTICES CEQ-EPA-Presidential Innovation Award for Individual Assistance Declarations Factors Guidance, Environmental Educators Application, 10510–10511 10521–10524 National Emission Standards for Hazardous Air Pollutants for Radionuclides (Renewal), 10498–10499 Federal Energy Regulatory Commission WaterSense Program (Renewal), 10490–10491 RULES Certain New Chemical Substances: Natural Gas Pipelines; Project Cost and Annual Limits, Receipt and Status Information for September 2018, 10409–10410 NOTICES 10499–10510 Meetings; Sunshine Act, 10486–10487 Initiation of Prioritization under the Toxic Substances Control Act, 10491–10498 Federal Motor Carrier Safety Administration RULES Equal Employment Opportunity Commission Commercial Driver’s License Upgrade from Class B to Class RULES A; Correction, 10437 NOTICES 2019 Adjustment of the Penalty for Violation of Notice Meetings; Sunshine Act, 10563 Posting Requirements, 10410–10411 Federal Reserve System Federal Aviation Administration NOTICES RULES Formations of, Acquisitions by, and Mergers of Bank Airworthiness Directives: Holding Companies, 10516–10517 Meetings: Airbus SAS Airplanes, 10405–10407 Proposal by BB and T Corp. to Acquire SunTrust Banks, Honeywell International Inc. Turbofan Engines, 10403– Inc. and its Subsidiary, SunTrust Bank, and to Merge 10405 SunTrust Bank with and into Branch Banking and Amendment and Establishment of Multiple Air Traffic Trust Co., 10517–10518 Service Routes: Western United States, 10407–10409 Federal Retirement Thrift Investment Board PROPOSED RULES NOTICES Airworthiness Directives: Meetings: Bombardier, Inc., Airplanes, 10449–10451 Board Members, 10518 Amendment of Class E Airspace: Fort Payne, AL, 10451–10453 Federal Transit Administration Amendment of the Class D and Class E Airspace: NOTICES Tulsa, OK, 10453–10455 Low or No Emission Grant Program: Amendment of the Class E Airspace: FY 2019 Competitive Funding Opportunity, 10563–10569 Portland, TN, 10455–10456 Health and Human Services Department Establishment of Restricted Area: See Centers for Disease Control and Prevention R-7205, Guam, GU, 10456–10458 See National Institutes of Health NOTICES Petition for Exemption; Summary: Homeland Security Department Airbus S.A.S., 10562–10563 See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Federal Communications Commission See U.S. Customs and Border Protection NOTICES NOTICES Application for Modification: Agency Information Collection Activities; Proposals, Ministerios El Jordan; Station KEJM-LP, Carthage, MO, Submissions, and Approvals: 10512–10516 Project 25 Compliance Assessment Program, 10524

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Interior Department Vessel COLAN, 10573–10574 See National Park Service Vessel DOCLE VITTORIA, 10571–10572 PROPOSED RULES Vessel NO DIRECTION, 10569–10570 Financial Assistance Interior Regulation, 10439–10449 Vessel POET’S LOUNGE, 10575–10576 NOTICES Vessel PUFFIN QUEST, 10574–10575 Environmental Assessments; Availability, etc.: Deepwater Horizon Oil Spill Final Phase 2 Restoration Plan 1.1: Queen Bess Island Restoration; Louisiana National Institutes of Health Trustee Implementation Group, 10527–10528 NOTICES Deepwater Horizon Oil Spill Final Restoration Plan 1: Meetings: Birds and Sturgeon; Open Ocean Trustee Center for Scientific Review, 10520 Implementation Group, 10528–10530 National Cancer Institute, 10519–10520 Deepwater Horizon Oil Spill Final Restoration Plan 1; National Eye Institute, 10520 Florida Trustee Implementation Group, 10525–10527 National Institute of Diabetes and Digestive and Kidney Diseases, 10520 Internal Revenue Service NOTICES National Oceanic and Atmospheric Administration Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10577 RULES Fisheries of the Exclusive Economic Zone Off Alaska: International Trade Commission Pacific Cod by Hook-and-Line Catcher/Processors in the NOTICES Western Regulatory Area of the Gulf of Alaska, Investigations; Determinations, Modifications, and Rulings, 10437–10438 etc.: Certain Magnetic Data Storage Tapes and Cartridges National Park Service Containing the Same (II), 10532–10534 NOTICES Certain Robotic Vacuum Cleaning Devices and National Register of Historic Places: Components Thereof Such as Spare Parts, 10531 Pending Nominations and Related Actions, 10530–10531 Plastic Decorative Ribbon from China, 10531–10532 Joint Board for Enrollment of Actuaries Natural Resources Conservation Service NOTICES NOTICES Meetings: Environmental Impact Statements; Availability, etc.: Advisory Committee, 10534 Willow Creek Watershed, Glacier County, MT, on the Blackfeet Indian Reservation, 10477–10478 Justice Department Intent to Deauthorize Federal Funding: See Drug Enforcement Administration Watkins Branch Watershed, Buchanan County, VA, 10477 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Occupational Safety and Health Administration 2020/2022 Identity Theft Supplement, 10535–10536 NOTICES Proposed Consent Decree: Agency Information Collection Activities; Proposals, CERCLA, 10536 Submissions, and Approvals: Occupational Safety and Health State Plans, 10551–10553 Labor Department Standard on Commercial Diving Operations, 10553– See Employee Benefits Security Administration 10554 See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration Pension Benefit Guaranty Corporation NOTICES Labor Statistics Bureau Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals: Agency Information Collection Activities; Proposals, Administrative Appeals, 10554–10555 Submissions, and Approvals, 10550–10551 Postal Regulatory Commission Maritime Administration NOTICES NOTICES New Postal Products, 10555–10556 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10570 Agency Information Collection Activities; Proposals, Postal Service Submissions, and Approvals: NOTICES Effective U.S. Control (EUSC)/Parent Company, 10572– Product Change: 10573 Parcel Select and Parcel Return Service Negotiated Environmental Assessments; Availability, etc.: Service Agreement, 10557 Decommissioning of the Defueled Nuclear Power Plant Priority Mail and First-Class Package Service Negotiated Onboard the NS SAVANNAH, 10576–10577 Service Agreement, 10556–10557 Requests for Administrative Waivers of the Coastwise Trade Priority Mail Express, Priority Mail, and First-Class Laws: Package Service Negotiated Service Agreement, Vessel BUSHMAN’S FRIEND, 10570–10571 10556–10557

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Presidential Documents U.S. Customs and Border Protection PROCLAMATIONS NOTICES Special Observances: Agency Information Collection Activities; Proposals, Greek Independence Day: A National Day of Celebration Submissions, and Approvals: of Greek and American Democracy (Proc. 9851), Customs-Trade Partnership Against Terrorism and the 10399–10400 Trusted Trader Program, 10520–10521 ADMINISTRATIVE ORDERS Balanced Budget and Emergency Deficit Control Act; Veterans Affairs Department Sequestration Order for Fiscal Year 2020 (Order of NOTICES March 18, 2019), 10401 Funding Availability: Homeless Providers Grant and Per Diem Program, 10578– Securities and Exchange Commission 10582 Meetings: NOTICES Creating Options for Veterans Expedited Recovery Agency Information Collection Activities; Proposals, Commission, 10577–10578 Submissions, and Approvals, 10557–10558, 10561– 10562 Western Area Power Administration Self-Regulatory Organizations; Proposed Rule Changes: NOTICES Cboe Exchange, Inc., 10558–10561 Environmental Impact Statements; Availability, etc.: Estes to Flatiron Transmission Lines Rebuild Project, State Department 10487–10490 NOTICES Meetings: International Telecommunication Advisory Committee Separate Parts In This Issue and Preparations for Upcoming International Telecommunications, 10562 Part II Environmental Protection Agency, 10584–10630 Transportation Department Part III See Federal Aviation Administration Homeland Security Department, Federal Emergency See Federal Motor Carrier Safety Administration Management Agency, 10632–10664 See Federal Transit Administration See Maritime Administration Reader Aids Transportation Security Administration Consult the Reader Aids section at the end of this issue for NOTICES phone numbers, online resources, finding aids, and notice Agency Information Collection Activities; Proposals, of recently enacted public laws. Submissions, and Approvals: Surface Transportation Stakeholder Survey, 10524–10525 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 Treasury Department address, then follow the instructions to join, leave, or See Internal Revenue Service manage your subscription.

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CFR PARTS AFFECTED IN THIS ISSUE

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

2 CFR Proposed Rules: 1402...... 10439 3 CFR Proclamations: 9851...... 10399 Administrative Orders: Orders: Order of March 18, 2019 ...... 10401 14 CFR 39 (2 documents) ...... 10403, 10405 71...... 10407 Proposed Rules: 39...... 10449 71 (3 documents) ...... 10451, 10453, 10455 73...... 10456 18 CFR 157...... 10409 29 CFR 1601...... 10410 33 CFR 117...... 10411 165 (6 documents) ...... 10412, 10413, 10415, 10417, 10420, 10430 40 CFR 52...... 10433 Proposed Rules: 52 (2 documents) ...... 10458, 10461 80...... 10584 81...... 10461 44 CFR 206...... 10632 48 CFR Proposed Rules: 739...... 10469 752...... 10469 49 CFR 380...... 10437 50 CFR 679...... 10437

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Federal Register Presidential Documents Vol. 84, No. 55

Thursday, March 21, 2019

Title 3— Proclamation 9851 of March 18, 2019

The President Greek Independence Day: A National Day of Celebration of Greek and American Democracy, 2019

By the President of the United States of America

A Proclamation On the 198th anniversary of Greek Independence Day, we celebrate the rich history and enduring bond between the United States and Greece. Our strong alliance and unwavering friendship are rooted in mutual respect and a shared commitment to freedom, justice, and democracy. The common bond between the United States and Greece is rooted in thousands of years of tradition, stretching back to ancient Greece. The lessons of ancient Greek democracies are among the greatest and most enduring ever taught. From them the world came to know and understand the foundational principles of human liberty, self-government, and the rule of law—the very principles that fueled America’s own drive for independence and shaped our Republic. Decades after securing our independence, American citizens expressed their appreciation by supporting the people of Greece in their fight for their own freedom. Today, our Greek-American partnership is robust and gaining momentum. The inaugural United States-Greece Strategic Dialogue, held last December, and the United States-Greece Commercial Dialogue, held last September, highlighted the strength of the bilateral relationship and bolstered confidence in Greece as a regional leader. We applaud the historic 2019 decision of the Greek Parliament to ratify the Prespa Agreement, which resolved the long-standing naming dispute with North Macedonia. This ratification con- firmed Greece’s role as a partner with an abiding commitment to advancing stability, security, and prosperity in the region. Additionally, the 2018 Thessaloniki International Fair forged opportunities for enhanced collabora- tion in technology, enterprise, and innovation. Our common vision for a peaceful and prosperous region is particularly evident in our ongoing defense relationship. The rotation of NATO aircraft and equipment through Thessaloniki and Alexandroupoli, the complex bilat- eral training events, and the availability of Souda Bay for the naval forces of the United States reflect mutually beneficial cooperation to ensure our mutual strength and security. Our bilateral relationship has also afforded many opportunities to support partnerships and initiatives that address the areas of defense and security, law enforcement and counterterrorism, and energy security and diversification. The strong people-to-people ties that undergird our friendship also serve to fortify our alliance. We continue to identify opportunities to increase student and professional exchanges and English language programs. These programs make tremendous contributions to the economic, cultural, and political power of our two great democracies. This summer, we will launch the Future Leaders Exchange (FLEX) Program with Greece to develop the next generation of leaders who will sustain and enhance our strong partner- ship. On this day, we honor the shared values that bind our two countries as faithful allies and friends, and we recognize the profound impact Greek- Americans have had on every aspect of our culture. Together, recalling

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the spirit of the ancient Greeks, we reaffirm our abiding belief that democratic institutions offer the greatest opportunity to safeguard human rights, dignity, and freedom for all. NOW, THEREFORE, I, DONALD J. TRUMP, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim March 25, 2019, as Greek Independence Day: A National Day of Celebration of Greek and American Democracy. I call upon the people of the United States to observe this day with appropriate ceremonies and activities. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of March, in the year of our Lord two thousand nineteen, and of the Independ- ence of the United States of America the two hundred and forty-third.

[FR Doc. 2019–05541 3–20–19; 8:45 am] Billing code 3295–F9–P

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Order of March 18, 2019

Sequestration Order for Fiscal Year 2020 Pursuant To Section 251A of the Balanced Budget and Emergency Deficit Control Act, as Amended

By the authority vested in me as President by the laws of the United States of America, and in accordance with section 251A of the Balanced Budget and Emergency Deficit Control Act (the ‘‘Act’’), as amended, 2 U.S.C. 901a, I hereby order that, on October 1, 2019, direct spending budgetary resources for fiscal year 2020 in each non-exempt budget account be reduced by the amount calculated by the Office of Management and Budget in its report to the Congress of March 18, 2019. All sequestrations shall be made in strict accordance with the requirements of section 251A of the Act and the specifications of the Office of Management and Budget’s report of March 18, 2019, prepared pursuant to section 251A(9) of the Act.

THE WHITE HOUSE, March 18, 2019. [FR Doc. 2019–05547 3–20–19; 8:45 am] Billing code 3295–F9–P

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Rules and Regulations Federal Register Vol. 84, No. 55

Thursday, March 21, 2019

This section of the FEDERAL REGISTER Canada); 602–365–3099 (International turbofan engine from the applicability contains regulatory documents having general Direct); website: and prohibit the installation of affected applicability and legal effect, most of which www.myaerospace.com; email: fan disks that do not have ‘‘T43374’’ are keyed to and codified in the Code of [email protected]. You marked adjacent to the fan disk P/N or Federal Regulations, which is published under may view this service information at the S/N. The NPRM also proposed adding 50 titles pursuant to 44 U.S.C. 1510. FAA, Engine and Propeller Standards Honeywell TFE731–20R, –20AR, –20BR, The Code of Federal Regulations is sold by Branch, 1200 District Avenue, and TFE731–40AR, –40BR, and –40R the Superintendent of Documents. Burlington, MA 01803. For information turbofan engines to the applicability. on the availability of this material at the We are issuing this AD to address the FAA, call (781) 238–7759. It is also unsafe condition on these products. DEPARTMENT OF TRANSPORTATION available on the internet at http:// Comments www.regulations.gov by searching for Federal Aviation Administration and locating Docket No. FAA–2018– We gave the public the opportunity to 0719. participate in developing this AD. The 14 CFR Part 39 following presents the comments Examining the AD Docket [Docket No. FAA–2018–0719; Product received on the NPRM and the FAA’s Identifier 2016–NE–24–AD; Amendment 39– You may examine the AD docket on response to each comment. the internet at http:// 19589; AD 2019–05–07] Request To Correct P/N Typographical www.regulations.gov by searching for RIN 2120–AA64 Error and locating Docket No. FAA–2018– Honeywell requested that we correct Airworthiness Directives; Honeywell 0719; or in person at Docket Operations the P/N from ‘‘P/N 3060267–2’’ to ‘‘P/ International Inc. Turbofan Engines between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. N 3060287–2’’ in the ‘‘Actions Since AD AGENCY: Federal Aviation The AD docket contains this final rule, 2017–20–01 Was Issued’’ paragraph and Administration (FAA), DOT. the regulatory evaluation, any the Installation Prohibition paragraph. ACTION: Final rule. comments received, and other We agree that we had a typographical information. The address for Docket error in the ‘‘Actions Since AD 2017– SUMMARY: We are superseding Operations (phone: 800–647–5527) is 20–01 Was Issued’’ paragraph and the Airworthiness Directive (AD) 2017–20– Document Operations, U.S. Department Installation Prohibition paragraph of the 01 for certain Honeywell International of Transportation, Docket Operations, NPRM. We did not update the ‘‘Actions Inc. (Honeywell) TFE731–20 and M–30, West Building Ground Floor, Since AD 2017–20–01 Was Issued’’ TFE731–40 turbofan engines. AD 2017– Room W12–140, 1200 New Jersey paragraph because this language is not 20–01 required removing the affected Avenue SE, Washington, DC 20590. included in this final rule. We, however, fan disk and replacing it with a fan disk FOR FURTHER INFORMATION CONTACT: updated the P/N in the Installation eligible for installation. Since we issued Joseph Costa, Aerospace Engineer, Los Prohibition paragraph of this AD to ‘‘P/ AD 2017–20–01, we determined that Angeles ACO Branch, FAA, 3960 N 3060287–2.’’ some turbofan engine models were Paramount Boulevard, Lakewood, CA Request To Update the Location of the omitted from the applicability of AD 90712–4137; phone: 562–627–5246; fax: Marking 2017–20–01. This AD adds turbofan 562–627–5210; email: joseph.costa@ Honeywell requested that we update engine models to the applicability and faa.gov. removes the Honeywell TFE731–20 the location references in the AD of the turbofan engine model from the SUPPLEMENTARY INFORMATION: ‘‘T43374’’ marking from the ‘‘engine P/ applicability. This AD requires removal Discussion N or S/N’’ to the ‘‘fan disk P/N or S/N.’’ We agree. Because we want to of affected fan disks and replacement We issued a notice of proposed with parts eligible for installation. This maintain technical correctness and rulemaking (NPRM) to amend 14 CFR consistency with the service AD was prompted by two fan disks part 39 to supersede AD 2017–20–01, found with surface rollovers in the information, we updated the location of Amendment 39–19058 (82 FR 45173, the ‘‘T43374’’ marking from ‘‘engine P/ dovetail slot area. We are issuing this September 28, 2017), (‘‘AD 2017–20– AD to address the unsafe condition on N or S/N’’ to ‘‘fan disk P/N or S/N’’ 01’’). AD 2017–20–01 applied to throughout this AD. these products. Honeywell TFE731–20 and TFE731–40 DATES: This AD is effective April 25, turbofan engines with fan disk part Request To Update Applicability 2019. number (P/N) 3060287–2 and a serial The European Union Aviation Safety The Director of the Federal Register number (S/N) listed in Table 9 of Agency (EASA) requested that we approved the incorporation by reference Honeywell Service Bulletin (SB) update the applicability to include all of a certain other publication listed in TFE731–72–5256, Revision 0, dated Honeywell TFE731 engines for which this AD as of November 2, 2017 (82 FR October 7, 2016. The NPRM published the affected parts are eligible. EASA 45173, September 28, 2017). in the Federal Register on September reasoned that the consequence of the ADDRESSES: For service information 14, 2018 (83 FR 46664). The NPRM was applicability is that the Installation identified in this final rule, contact prompted by two fan disks found with Prohibition, paragraph (h), of this AD, is Honeywell International Inc., 111 S 34th surface rollovers in the dovetail slot not valid for those engines that do not Street, Phoenix, AZ 85034–2802; phone: area. The NPRM proposed to require have the affected parts installed. The 800–601–3099 (Toll Free U.S.A./ removing the Honeywell TFE731–20 commenter indicated that only revising

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the applicability paragraph will ensure Support for the AD Related Service Information Under 1 that no spare (or removed) parts are An individual commenter expressed CFR Part 51 installed on any engine that does not support for the NPRM as written. have an affected part installed. We reviewed Honeywell SB TFE731– We partially agree. We agree that the Conclusion 72–5256, Revision 0, dated October 7, applicability paragraph will result in 2016. The SB identifies affected fan limiting the Installation Prohibition to We reviewed the relevant data, disks by S/N and describes procedures considered the comments received, and only those engines that have the affected for removing, inspecting, and replacing determined that air safety and the fan disk installed on the effective date the affected fan disks. This service public interest require adopting this AD of the AD. To be consistent with the information is reasonably available Applicability paragraph, we revised the with the changes described previously and minor editorial changes. We have because the interested parties have Installation Prohibition paragraph of access to it through their normal course this AD to refer only to engines determined that these minor changes: • Are consistent with the intent that of business or by the means identified identified in the Applicability in the ADDRESSES section. paragraph of this AD. was proposed in the NPRM for We disagree with rewording the addressing the unsafe condition; and Costs of Compliance Applicability paragraph of this AD • Do not add any additional burden because this paragraph meets the safety upon the public than was already We estimate that this AD affects 61 requirements of this AD. Further, proposed in the NPRM. engines installed on airplanes of U.S. revising the applicability of this AD We also determined that these registry. would require renoticing the NPRM and changes will not increase the economic We estimate the following costs to therefore delay the effectivity of this burden on any operator or increase the comply with this AD: AD. We did not change this AD. scope of this AD.

ESTIMATED COSTS

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

Remove fan disk and send to Honeywell for 8 work-hours × $85 per hour = $680 ...... $0 $680 $41,480 inspection. Install reworked or new fan disk ...... 26 work-hours × $85 per hour = $2,210 ...... 0 2,210 134,810

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace the non-serviceable disk with a new fan disk 1 work-hour × $85 per hour = $85 ...... $50,000 $50,085

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

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List of Subjects in 14 CFR Part 39 (1) Remove fan disks with 9,000 cycles 627–5246; fax: 562–627–5210; email: since new (CSN) or more as of the effective [email protected]. Air transportation, Aircraft, Aviation date of this AD, within 100 cycles-in-service safety, Incorporation by reference, (CIS), or at the next engine shop visit, or at (l) Material Incorporated by Reference Safety. next access, whichever occurs first, after the (1) The Director of the Federal Register effective date of this AD. approved the incorporation by reference Adoption of the Amendment (2) Remove fan disks with between 8,000 (IBR) of the service information listed in this Accordingly, under the authority and 8,999 CSN, inclusive, as of the effective paragraph under 5 U.S.C. 552(a) and 1 CFR delegated to me by the Administrator, date of this AD, within 9,100 CSN or within part 51. 1,000 CIS, or at the next engine shop visit, (2) You must use this service information the FAA amends 14 CFR part 39 as or at next access, whichever occurs first, after as applicable to do the actions required by follows: the effective date of this AD. this AD, unless the AD specifies otherwise. (3) Remove fan disks with fewer than 8,000 (3) The following service information was PART 39—AIRWORTHINESS CSN as of the effective date of this AD, before approved for IBR on November 2, 2017. DIRECTIVES exceeding 9,000 CSN, or at the next engine (i) Honeywell Service Bulletin TFE731–72– shop visit, or at next access, whichever 5256, Revision 0, dated October 7, 2016. ■ 1. The authority citation for part 39 occurs first, after the effective date of this (ii) [Reserved]. continues to read as follows: AD. (4) For Honeywell service information (4) Replace any removed fan disk with a Authority: 49 U.S.C. 106(g), 40113, 44701. identified in this AD, contact Honeywell part eligible for installation. International Inc., 111 S 34th Street, Phoenix, AZ 85034–2802; phone: 800–601–3099 (Toll- § 39.13 [Amended] (h) Installation Prohibition Free U.S.A./Canada); 602–365–3099 ■ 2. The FAA amends § 39.13 by Do not install an affected fan disk, P/N (International Direct); website: removing Airworthiness Directive (AD) 3060287–2, unless ‘‘T43374’’ is marked www.myaerospace.com; email: 2017–20–01, Amendment 39–19058 (82 adjacent to the fan disk P/N or S/N onto any [email protected]. FR 45173, September 28, 2017), and engine identified in the Applicability (5) You may view this service information adding the following new AD: paragraph of this AD. at FAA, Engine and Propeller Standards (i) Definitions Branch, 1200 District Avenue, Burlington, 2019–05–07 Honeywell International Inc. MA 01803. For information on the (Type Certificate previously held by (1) For the purposes of this AD, an ‘‘engine availability of this material at the FAA, call AlliedSignal Inc.): Amendment 39– shop visit’’ is defined as the removal of the 781–238–7759. 19589; Docket No. FAA–2018–0719; tie-shaft nut from the engine. (6) You may view this service information Product Identifier 2016–NE–24–AD. (2) For the purposes of this AD, ‘‘access’’ that is incorporated by reference at the is defined as the removal of the fan rotor National Archives and Records (a) Effective Date assembly from the engine. Administration (NARA). For information on (3) For the purposes of this AD, a ‘‘part This AD is effective April 25, 2019. the availability of this material at NARA, call eligible for installation’’ is: 202–741–6030, or go to: http:// (b) Affected ADs (i) A fan disk not listed in the www.archives.gov/federal-register/cfr/ibr- This AD replaces AD 2017–20–01, Accomplishment Instructions, Table 9, in locations.html. Amendment 39–19058 (82 FR 45173, Honeywell SB TFE731–72–5256, Revision 0, September 28, 2017). dated October 7, 2016; or Issued in Burlington, Massachusetts, on (ii) a fan disk listed in the Accomplishment March 14, 2019. (c) Applicability Instructions, Table 9, in Honeywell SB Karen M. Grant, This AD applies to all Honeywell TFE731–72–5256, Revision 0, dated October Acting Manager, Engine and Propeller International Inc. (Honeywell) TFE731–20R, 7, 2016, that has been inspected, reworked, Standards Branch, Aircraft Certification –20AR, –20BR, and TFE731–40, –40AR, and marked with ‘‘T43374’’ adjacent to the Service. –40BR, and –40R turbofan engines with a fan fan disk P/N or S/N. Guidance on returning disk part number (P/N) 3060287–2 and with affected parts to Honeywell for inspection [FR Doc. 2019–05178 Filed 3–20–19; 8:45 am] a serial number (S/N) listed in Table 9 of and rework is found in the Accomplishment BILLING CODE 4910–13–P Honeywell Service Bulletin (SB) TFE731–72– Instructions, paragraph 3.D., of Honeywell 5256, Revision 0, dated October 7, 2016, that SB TFE731–72–5256, Revision 0, dated do not have ‘‘T43374’’ marked adjacent to the October 7, 2016. DEPARTMENT OF TRANSPORTATION fan disk P/N or S/N. (j) Alternative Methods of Compliance (d) Subject (AMOCs) Federal Aviation Administration Joint Aircraft System Component (JASC) (1) The Manager, Los Angeles ACO Branch, 14 CFR Part 39 Code 7230, Turbine Engine Compressor FAA, has the authority to approve AMOCs Section. for this AD, if requested using the procedures [Docket No. FAA–2018–1009; Product found in 14 CFR 39.19. In accordance with (e) Unsafe Condition Identifier 2018–NM–147–AD; Amendment 14 CFR 39.19, send your request to your 39–19595; AD 2019–05–13] This AD was prompted by a report of two principal inspector or local Flight Standards fan disks found with surface rollovers in the District Office, as appropriate. If sending RIN 2120–AA64 dovetail slot area. We are issuing this AD to information directly to the manager of the prevent uncontained failure of the fan disks. certification office, send it to the attention of Airworthiness Directives; Airbus SAS The unsafe condition, if not addressed, could the person identified in paragraph (k) of this Airplanes result in uncontained fan disk release, AD. damage to the engine, and damage to the (2) Before using any approved AMOC, AGENCY: Federal Aviation airplane. notify your appropriate principal inspector, Administration (FAA), DOT. or lacking a principal inspector, the manager (f) Compliance ACTION: Final rule; removal of of the local flight standards district office/ Airworthiness Directives (ADs). Comply with this AD within the certificate holding district office. compliance times specified, unless already SUMMARY: We are removing AD 2007– done. (k) Related Information For more information about this AD, 22–05 and AD 2013–13–13 (referred to (g) Required Actions contact Joseph Costa, Los Angeles ACO after this as ‘‘the affected ADs’’), which Remove the affected fan disk using the Branch, FAA, 3960 Paramount Boulevard, applied to Airbus SAS Model A300–600 following criteria: Lakewood, CA, 90712–4137; phone: 562– and A310 series airplanes. The affected

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ADs required certain actions to address The AD docket contains this final rule, Discussion various unsafe conditions. The affected any comments received, and other We issued a notice of proposed ADs are no longer necessary because we information. The address for Docket rulemaking (NPRM) to amend 14 CFR have since issued other ADs to address Operations (phone: 800–647–5527) is part 39 by adding an AD that would these unsafe conditions. Accordingly, U.S. Department of Transportation, apply to Airbus SAS Model A300–600 we are removing the affected ADs. Docket Operations, M–30, West and A310 series airplanes, identified in DATES: This AD is effective March 21, Building Ground Floor, Room W12–140, the following affected ADs. The NPRM 2019. 1200 New Jersey Avenue SE, published in the Federal Register on ADDRESSES: Washington, DC 20590. December 28, 2018 (83 FR 67156). The NPRM was prompted by a Examining the AD Docket FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer, determination that the affected ADs are You may examine the AD docket on International Section, Transport no longer necessary because we have the internet at http:// since issued other ADs to address the Standards Branch, FAA, 2200 South www.regulations.gov by searching for various unsafe conditions. The NPRM 216th St., Des Moines, WA 98198; and locating Docket No. FAA–2018– proposed to remove the affected ADs. telephone and fax 206–231–3225. 1009; or in person at Docket Operations We are issuing this AD to remove the between 9 a.m. and 5 p.m., Monday SUPPLEMENTARY INFORMATION: affected ADs, which have been through Friday, except Federal holidays. terminated by other ADs.

AFFECTED ADS AND THE AD(S) THAT TERMINATES THE AFFECTED ADS

AD(s) that terminates the Affected AD Affected models affected AD

AD 2007–22–05, Amendment 39–15241 (72 FR A300–600 series airplanes ...... AD 2018–01–07, Amendment 39–19148 (83 60236, October 24, 2007). FR 2042, January 16, 2018) (‘‘AD 2018– 01–07’’). AD 2013–13–13, Amendment 39–17501 (79 FR A300–600 and A310 series airplanes ...... AD 2017–21–08, Amendment 39–19079 (82 48957, August 19, 2014). FR 48904, October 23, 2017); and AD 2018–01–07.

Comments We are issuing this rulemaking under For the reasons discussed above, I We gave the public the opportunity to the authority described in Subtitle VII, certify that this AD: participate in developing this final rule. Part A, Subpart III, Section 44701, (1) Is not a ‘‘significant regulatory We received no comments on the NPRM ‘‘General requirements.’’ Under that action’’ under Executive Order 12866, or on the determination of the cost to section, Congress charges the FAA with (2) Is not a ‘‘significant rule’’ under the public. promoting safe flight of civil aircraft in DOT Regulatory Policies and Procedures air commerce by prescribing regulations (44 FR 11034, February 26, 1979), Conclusion for practices, methods, and procedures (3) Will not affect intrastate aviation We reviewed the relevant data and the Administrator finds necessary for in Alaska, and determined that air safety and the safety in air commerce. This regulation (4) Will not have a significant public interest require adopting this is within the scope of that authority. economic impact, positive or negative, final rule as proposed, except for minor This AD is issued in accordance with on a substantial number of small entities editorial changes. We have determined authority delegated by the Executive under the criteria of the Regulatory that these minor changes: Director, Aircraft Certification Service, Flexibility Act. • Are consistent with the intent that as authorized by FAA Order 8000.51C. List of Subjects in 14 CFR Part 39 was proposed in the NPRM for In accordance with that order, issuance Air transportation, Aircraft, Aviation addressing the unsafe condition; and of ADs is normally a function of the • safety, Incorporation by reference, Do not add any additional burden Compliance and Airworthiness Safety. upon the public than was already Division, but during this transition proposed in the NPRM. period, the Executive Director has Adoption of the Amendment Costs of Compliance delegated the authority to issue ADs Accordingly, under the authority applicable to transport category This AD adds no cost. This AD delegated to me by the Administrator, airplanes and associated appliances to removes the affected ADs from 14 CFR the FAA amends 14 CFR part 39 as the Director of the System Oversight part 39; therefore, operators are no follows: Division. longer required to show compliance with the affected ADs. Regulatory Findings PART 39—AIRWORTHINESS DIRECTIVES Authority for This Rulemaking This AD will not have federalism Title 49 of the United States Code implications under Executive Order ■ 1. The authority citation for part 39 specifies the FAA’s authority to issue 13132. This AD will not have a continues to read as follows: rules on aviation safety. Subtitle I, substantial direct effect on the States, on Authority: 49 U.S.C. 106(g), 40113, 44701. Section 106, describes the authority of the relationship between the national the FAA Administrator. Subtitle VII, government and the States, or on the § 39.13 [Amended] Aviation Programs, describes in more distribution of power and ■ 2. The FAA amends § 39.13 by detail the scope of the Agency’s responsibilities among the various removing AD 2007–22–05, Amendment authority. levels of government. 39–15241 (72 FR 60236, October 24,

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2007) and AD 2013–13–13, Amendment Register approves this incorporation by western United States. Interested parties 39–17501 (79 FR 48957, August 19, reference action under Title 1 Code of were invited to participate in this 2014); and adding the following new Federal Regulations part 51, subject to rulemaking effort by submitting written AD: the annual revision of FAA, Order comments on the proposal. No 2019–05–13 Airbus SAS: Amendment 39– 7400.11 and publication of conforming comments were received. amendments. 19595; Docket No. FAA–2018–1009; Availability and Summary of Product Identifier 2018–NM–147–AD. ADDRESSES: FAA Order 7400.11C, Documents for Incorporation by (a) Effective Date Airspace Designations and Reporting Reference Points, and subsequent amendments can This AD is effective March 21, 2019. be viewed online at http://www.faa.gov/ This document amends FAA Order (b) Affected ADs air_traffic/publications/. 7400.11C, Airspace Designations and This AD removes AD 2007–22–05, For further information, you can Reporting Points, dated August 13, Amendment 39–15241 (72 FR 60236, October contact the Airspace Policy Group, 2018, and effective September 15, 2018. 24, 2007) and AD 2013–13–13, Amendment Federal Aviation Administration, 800 FAA Order 7400.11C is publicly 39–17501 (79 FR 48957, August 19, 2014). Independence Avenue SW, Washington, available as listed in the ADDRESSES (c) Applicability DC 20591; telephone: (202) 267–8783. section of this document. FAA Order This AD applies to Model A300–600 and The Order is also available for 7400.11C lists Class A, B, C, D, and E A310 series airplanes. inspection at the National Archives and airspace areas, air traffic service routes, Records Administration (NARA). For and reporting points. (d) Related Information information on the availability of FAA The Rule For more information about this AD, Order 7400.11C at NARA, call (202) contact Dan Rodina, Aerospace Engineer, 741–6030, or go to http:// The FAA is amending Title 14 Code International Section, Transport Standards of Federal Regulations (14 CFR) part 71 Branch, FAA, 2200 South 216th St., Des www.archives.gov/federal-register/cfr/ Moines, WA 98198; telephone and fax 206– ibr-locations.html. by amending United States RNAV 231–3225. FAA Order 7400.11, Airspace routes Q–88, Q–90, Q–114, Q–126, Q– Designations and Reporting Points, is 136, Q–150; and establishing United Issued in Des Moines, Washington, on States RNAV routes Q–92. The route March 13, 2019. published yearly and effective on changes are outlined below. Michael Kaszycki, September 15. FOR FURTHER INFORMATION CONTACT: Q–88: Q–88 extends from the Acting Director, System Oversight Division, HAKMN, NV, waypoint (WP) to the Aircraft Certification Service. Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal CHESZ, UT, WP. This action extends [FR Doc. 2019–05278 Filed 3–20–19; 8:45 am] the route from the HAKMN, NV, WP to BILLING CODE 4910–13–P Aviation Administration, 800 Independence Avenue SW, Washington, the DKOTA, SD, WP. The amended DC 20591; telephone: (202) 267–8783. route connects airports in the northeastern United States (U.S.) and DEPARTMENT OF TRANSPORTATION SUPPLEMENTARY INFORMATION: Canada with Los Angeles and Las Vegas Federal Aviation Administration Authority for This Rulemaking and provides Denver International The FAA’s authority to issue rules Airport departures to the north a routing 14 CFR Part 71 regarding aviation safety is found in to Minneapolis. Title 49 of the United States Code. Q–90: Q–90 is amended from the [Docket No. FAA–2018–0232; Airspace DNERO, CA, WP to the WELKY, IA, WP. Docket No. 17–ANM–33] Subtitle I, Section 106 describes the authority of the FAA Administrator. The amended route connects to Chicago RIN 2120–AA66 Subtitle VII, Aviation Programs, O’Hare Airport. Additionally, the route provides an alternate south departure Amendment and Establishment of describes in more detail the scope of the agency’s authority. This rulemaking is route from Denver International Airport Multiple Air Traffic Service (ATS) to the Los Angeles, CA, basin satellite Routes; Western United States promulgated under the authority described in Subtitle VII, Part A, airports. AGENCY: Federal Aviation Subpart I, Section 40103. Under that Q–92: Q–92 is established to support Administration (FAA), DOT. section, the FAA is charged with departures from Denver International ACTION: Final rule. prescribing regulations to assign the use Airport bound for airports in the of the airspace necessary to ensure the midwest and east coast. SUMMARY: This action modifies six safety of aircraft and the efficient use of Q–114: Q–114 is amended from the United States Area Navigation (RNAV) airspace. This regulation is within the NATEE, NV, WP to the LEONG, IA, WP. routes (Q–88, Q–90, Q–114, Q–126, Q– scope of that authority as it supports The route connects Chicago area 136, and Q–150) and establishes one amending the air traffic service route airports to the Los Angeles basin RNAV route (Q–92) in the western structure in the western United States to airports. Additionally, the route United States. The routes support maintain the efficient flow of air traffic. supports Denver International Airport standard instrument departures (SIDs) west departures to the Los Angeles, CA, and standard terminal arrival routes History basin satellite airports. (STARs) for Denver International The FAA published a notice of Q–126: Q–126 is amended from the Airport. Additionally, the routes proposed rulemaking in the Federal TIPRE, CA, WP to the BRAFF, CO, WP. promote operational efficiencies for Register for Docket No. FAA–2018–0232 The route links airports on the U.S. west users and provide connectivity to (83 FR 22891; May 17, 2018), and coast to airports in the Midwest. Q–126 current and proposed RNAV enroute corrected on May 24, 2018 (83 FR adds utility by supporting Denver procedures while enhancing capacity 24047), to amend six United States Area International Airport arrival traffic from for adjacent airports. Navigation (RNAV) routes (Q–88, Q–90, the west. Additional waypoints were DATES: Effective date 0901 UTC, June Q–114, Q–126, Q–136, and Q–150) and added to the airway to provide for 20, 2019. The Director of the Federal establish one RNAV route (Q–92) in the oxygen escape routes.

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Q–136: Q–136 is amended from the Transportation (DOT) Regulatory Circumstances, this action has been Coaldale, NV, VORTAC to the BAACN, Policies and Procedures (44 FR 11034; reviewed for factors and circumstances IA, WP. The route links airports on the February 26, 1979); and (3) does not in which a normally categorically U.S. west coast to airports in the warrant preparation of a regulatory excluded action may have a significant Midwest. Q–136 supports Denver evaluation as the anticipated impact is environmental impact requiring further International Airport west departures to so minimal. Since this is a routine analysis, and it is determined that no the San Francisco Bay area and matter that only affects air traffic extraordinary circumstances exist that departures to the Midwest and east procedures and air navigation, it is warrant preparation of an coast airports. Additional waypoints certified that this rule, when environmental assessment. were added to the airway to provide for promulgated, does not have a significant List of Subjects in 14 CFR Part 71 oxygen escape routes. economic impact on a substantial Q–150: Q–150 is amended from the number of small entities under the Airspace, Incorporation by reference, STEVS, WA, WP to the EXHAS, KS, criteria of the Regulatory Flexibility Act. Navigation (air). WP. The route supports overflight traffic Environmental Review The Amendment between Seattle area airports and Dallas/Ft. Worth, Houston, as well as The FAA has determined that this In consideration of the foregoing, the Calgary and Edmonton airports in action of modifying six RNAV routes Federal Aviation Administration Canada. Q–150 supports Denver (Q–88, Q–90, Q–114, Q–126, Q–136, amends 14 CFR part 71 as follows: departures enroute to Boise, ID; and Q–150) and establishing one RNAV Portland, OR; and Seattle, WA. route (Q–92) qualifies for categorical PART 71—DESIGNATION OF CLASS A, United States Area Navigation Routes exclusion under the National B, C, D, AND E AIRSPACE AREAS; AIR are published in paragraph 2006, of Environmental Policy Act and its TRAFFIC SERVICE ROUTES; AND FAA Order 7400.11C dated August 13, implementing regulations at 40 CFR part REPORTING POINTS 2018, and effective September 15, 2018, 1500, and in accordance with FAA ■ 1. The authority citation for part 71 which is incorporated by reference in 14 Order 1050.1F—Environmental Impacts: continues to read as follows: CFR 71.1. The RNAV route listed in this Policies and Procedures, paragraph 5– document will be subsequently 6.5a, which categorically excludes from Authority: 49 U.S.C. 106(f), 106(g); 40103, published in the Order. further environmental impact review 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, rulemaking actions that designate or 1959–1963 Comp., p. 389. Regulatory Notices and Analyses modify classes of airspace areas, § 71.1 [Amended] The FAA has determined that this airways, routes, and reporting points regulation only involves an established (see 14 CFR part 71, Designation of ■ 2. The incorporation by reference in body of technical regulations for which Class A, B, C, D, and E Airspace Areas; 14 CFR 71.1 of FAA Order 7400.11C, frequent and routine amendments are Air Traffic Service Routes; and Airspace Designations and Reporting necessary to keep them operationally Reporting Points). As such, this action Points, dated August 13, 2018, and current. It, therefore: (1) Is not a is not expected to cause any potentially effective September 15, 2018, is ‘‘significant regulatory action’’ under significant environmental impacts. In amended as follows: Executive Order 12866; (2) is not a accordance with FAA Order 1050.1F, Paragraph 2006 United States Area ‘‘significant rule’’ under Department of paragraph 5–2 regarding Extraordinary Navigation Routes

Q–88 HAKMN, NV to DKOTA, SD [Amended] HAKMN, NV WP (Lat. 35°30′28.31″ N, long. 115°04′47.04″ W) LAKRR, NV WP (Lat. 36°05′07.72″ N, long. 114°17′09.16″ W) PROMT, UT WP (Lat. 37°30′06.70″ N, long. 111°52′12.94″ W) ZAKRY, CO WP (Lat. 39°22′47.16″ N, long. 107°12′15.76″ W) CHUWY, NE WP (Lat. 41°30′42.77″ N, long. 102°52′39.47″ W) VIVID, SD FIX (Lat. 43°51′37.63″ N, long. 099°59′15.44″ W) DKOTA, SD WP (Lat. 45°22′17.00″ N, long. 097°37′27.00″ W)

******* Q–90 DNERO, CA to WELKY, IA [Amended] DNERO, CA WP (Lat. 35°02′07.14″ N, long. 114°54′16.39″ W) YAMHA, CO WP (Lat. 37°04′15.31″ N, long. 108°51′39.33″ W) DAAYE, CO WP (Lat. 38°00′40.43″ N, long. 105°46′44.19″ W) WELKY, IA WP (Lat. 40°38′57.01″ N, long. 093°33′40.60″ W)

******* Q–92 CHUWY, NE to JORDY, IA [New] CHUWY, NE WP (Lat. 41°30′42.77″ N, long. 102°52′39.47″ W) KUTCH, NE WP (Lat. 41°48′23.73″ N, long. 101°01′44.06″ W) MAASI, NE WP (Lat. 41°59′36.09″ N, long. 097°34′21.90″ W) JORDY, IA FIX (Lat. 42°05′11.53″ N, long. 093°31′32.82″ W)

******* Q–114 NATEE, NV to LEONG, IA [Amended] NATEE, NV WP (Lat. 35°37′14.00″ N, long. 115°22′26.00″ W) BAWER, UT WP (Lat. 37°38′06.68″ N, long. 112°16′45.89″ W) AVVVS, CO FIX (Lat. 40°02′07.82″ N, long. 104°46′03.16″ W) AYOLE, NE WP (Lat. 41°08′59.40″ N, long. 100°43′20.63″ W) LEONG, IA WP (Lat. 41°24′02.01″ N, long. 093°44′57.66″ W)

******* Q–126 TIPRE, CA to BRAFF, CO [Amended] TIPRE, CA WP (Lat. 38°12′21.00″ N, long. 121°02′09.00″ W) INSLO, NV WP (Lat. 38°40′44.90″ N, long. 117°17′53.20″ W)

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LBATO, UT WP (Lat. 39°47′17.82″ N, long. 110°04′48.60″ W) BASNN, CO WP (Lat. 39°55′53.98″ N, long. 109°00′50.73″ W) BRAFF, CO WP (Lat. 40°08′35.62″ N, long. 104°23′26.75″ W)

******* Q–136 COALDALE, NV (OAL) to BAACN, IA [Amended] COALDALE, NV VORTAC (Lat.38°00′11.74″ N, long. 117°46′13.60″ W) (OAL) RUMPS, NV WP (Lat. 38°07′10.00″ N, long. 117°16′15.00″ W) KATTS, NV WP (Lat. 38°20′00.00″ N, long. 116°20′00.00″ W) WEEMN, UT WP (Lat. 39°21′57.00″ N, long. 109°58′02.80″ W) COUGH, CO WP (Lat. 39°53′45.04″ N, long. 105°14′56.79″ W) ZIRKL, NE WP (Lat. 40°07′56.94″ N, long. 101°22′17.29″ W) BAACN, IA WP (Lat. 40°58′29.04″ N, long. 093°47′25.79″ W)

******* Q–150 STEVS, WA to EXHAS, KS [Amended]

STEVS, WA WP (Lat. 47°14′54.49″ N, long. 120°32′09.93″ W) GANNE, WY WP (Lat. 43°18′37.17″ N, long. 109°30′23.85″ W) DUUZE, KS WP (Lat. 38°51′00.00″ N, long. 101°42′00.00″ W) EXHAS, KS WP (Lat. 38°20′04.70″ N, long. 101°09′35.23″ W)

Issued in Washington, DC, on March 11, 157.215(a) specifies the calendar year Issued: March 14, 2019 2019. dollar limit which may be expended on Terry L. Turpin, Rodger A. Dean Jr., underground storage testing and Director, Office of Energy Projects. Manager, Airspace Policy Group. development (Table II) authorized under Accordingly, 18 CFR part 157 is [FR Doc. 2019–04786 Filed 3–20–19; 8:45 am] the blanket certificate. Section amended as follows: BILLING CODE 4910–13–P 157.208(d) requires that the ‘‘limits specified in Tables I and II shall be PART 157—[AMENDED] adjusted each calendar year to reflect ■ DEPARTMENT OF ENERGY the ’GDP implicit price deflator’ 1. The authority citation for part 157 published by the Department of continues to read as follows: Federal Energy Regulatory Commerce for the previous calendar Authority: 15 U.S.C. 717–717w, 3301– Commission year.’’ 3432; 42 U.S.C. 7101–7352. ■ 2. Table I in § 157.208(d) is revised to 18 CFR Part 157 Pursuant to § 375.308(x)(1) of the Commission’s Regulations, the authority read as follows: [Docket No. RM81–19–000] for the publication of such cost limits, § 157.208 Construction, acquisition, as adjusted for inflation, is delegated to Natural Gas Pipelines; Project Cost operation, replacement, and miscellaneous the Director of the Office of Energy rearrangement of facilities. and Annual Limits Projects. The cost limits for calendar * * * * * AGENCY: Federal Energy Regulatory year 2019, as published in Table I of (d) * * * Commission, Department of Energy. § 157.208(d) and Table II of 157.215(a), ACTION: Final rule. are hereby issued. TABLE I TO PART 157

SUMMARY: Pursuant to the authority Effective Date Limit delegated by the Commission’s This final rule is effective March 21, Prior notice regulations, the Director of the Office of Year Auto. proj. 2019. The provisions of 5 U.S.C. 804 proj. cost Energy Projects (OEP) computes and cost limit regarding Congressional review of Final (Col. 1) limit publishes the project cost and annual (Col. 2) limits for natural gas pipelines blanket Rules does not apply to the Final Rule construction certificates for each because the rule concerns agency 1982 ...... $4,200,000 $12,000,000 1983 ...... 4,500,000 12,800,000 calendar year. procedure and practice and will not substantially affect the rights or 1984 ...... 4,700,000 13,300,000 DATES: This final rule is effective March obligations of non-agency parties. The 1985 ...... 4,900,000 13,800,000 21, 2019 and establishes cost limits 1986 ...... 5,100,000 14,300,000 applicable from January 1, 2019 through Final Rule merely updates amounts 1987 ...... 5,200,000 14,700,000 December 31, 2019. published in the Code of Federal 1988 ...... 5,400,000 15,100,000 Regulations to reflect the Department of 1989 ...... 5,600,000 15,600,000 FOR FURTHER INFORMATION CONTACT: Commerce’s latest annual determination 1990 ...... 5,800,000 16,000,000 Richard W. Foley, Chief, Certificates of the Gross Domestic Product (GDP) 1991 ...... 6,000,000 16,700,000 Branch 1, Division of Pipeline implicit price deflator, a mathematical 1992 ...... 6,200,000 17,300,000 Certificates, (202) 502–8955. 1993 ...... 6,400,000 17,700,000 updating required by the Commission’s SUPPLEMENTARY INFORMATION: 1994 ...... 6,600,000 18,100,000 Section existing regulations. 157.208(d) of the Commission’s 1995 ...... 6,700,000 18,400,000 Regulations provides for project cost List of Subjects in 18 CFR Part 157 1996 ...... 6,900,000 18,800,000 1997 ...... 7,000,000 19,200,000 limits applicable to construction, 1998 ...... 7,100,000 19,600,000 acquisition, operation and Administrative practice and procedure, Natural gas, Reporting and 1999 ...... 7,200,000 19,800,000 miscellaneous rearrangement of 2000 ...... 7,300,000 20,200,000 facilities (Table I) authorized under the recordkeeping requirements. 2001 ...... 7,400,000 20,600,000 blanket certificate procedure (Order No. 2002 ...... 7,500,000 21,000,000 234, 19 FERC ¶ 61,216). Section 2003 ...... 7,600,000 21,200,000

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TABLE I TO PART 157—Continued TABLE II TO PART 157—Continued pertinent provisions of Title VII, ADA, or GINA. Such notices must be posted Limit Year Limit in prominent and accessible places where notices to employees, applicants, Year Auto. proj. Prior notice 2018 ...... 6,500,000 and members are customarily proj. cost 2019 ...... 6,600,000 cost limit limit maintained. (Col. 1) (Col. 2) The EEOC first adjusted the civil * * * * * monetary penalty for violations of the 2004 ...... 7,800,000 21,600,000 [FR Doc. 2019–05336 Filed 3–20–19; 8:45 am] notice posting requirements in 1997 2005 ...... 8,000,000 22,000,000 BILLING CODE 6717–01–P pursuant to the Federal Civil Penalties 2006 ...... 9,600,000 27,400,000 Inflation Adjustment Act of 1990 2007 ...... 9,900,000 28,200,000 (FCPIA Act), 28 U.S.C. 2461 note, as 2008 ...... 10,200,000 29,000,000 EQUAL EMPLOYMENT OPPORTUNITY amended by the Debt Collection 2009 ...... 10,400,000 29,600,000 COMMISSION 2010 ...... 10,500,000 29,900,000 Improvement Act of 1996 (DCIA), Public Law 104–134, Sec. 31001(s)(1), 110 Stat. 2011 ...... 10,600,000 30,200,000 29 CFR Part 1601 2012 ...... 10,800,000 30,800,000 1373. A final rule was published in the 2013 ...... 11,000,000 31,400,000 RIN 3046–AB12 Federal Register on May 16, 1997, at 62 2014 ...... 11,200,000 31,900,000 FR 26934, which raised the maximum 2015 ...... 11,400,000 32,400,000 2019 Adjustment of the Penalty for penalty per violation from $100 to $110. 2016 ...... 11,600,000 32,800,000 Violation of Notice Posting The EEOC’s second adjustment, made 2017 ...... 11,800,000 33,200,000 Requirements pursuant to the FCPIA Act, as amended 2018 ...... 12,000,000 33,800,000 by the DCIA, was published in the 2019 ...... 12,300,000 34,600,000 AGENCY: Equal Employment Federal Register on March 19, 2014, at Opportunity Commission. 79 FR 15220 and raised the maximum * * * * * ACTION: Final rule. penalty per violation from $110 to $210. ■ 3. Table II in § 157.215(a)(5) is revised The Federal Civil Penalties Inflation to read as follows: SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of § 157.215 Underground storage testing Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114–74, and development. 2015, which further amended the Sec. 701(b), 129 Stat. 599, further amended the FCPIA Act, to require each (a) * * * Federal Civil Penalties Inflation (5) * * * Adjustment Act of 1990, this final rule federal agency, not later than July 1, adjusts for inflation the civil monetary 2016, and not later than January 15 of every year thereafter, to issue TABLE II TO PART 157 penalty for violation of the notice- posting requirements in Title VII of the regulations adjusting for inflation the maximum civil penalty that may be Year Limit Civil Rights Act of 1964, the Americans imposed pursuant to each agency’s with Disabilities Act, and the Genetic statutes. The EEOC’s initial adjustment 1982 ...... $2,700,000 Information Non-Discrimination Act. 1983 ...... 2,900,000 made pursuant to the 2015 Act was 1984 ...... 3,000,000 DATES: This final rule is effective April published in the Federal Register on 1985 ...... 3,100,000 22, 2019. June 2, 2016, at 81 FR 35269 and raised 1986 ...... 3,200,000 FOR FURTHER INFORMATION CONTACT: the maximum penalty per violation 1987 ...... 3,300,000 Kathleen Oram, Assistant Legal from $210 to $525. The EEOC’s second 1988 ...... 3,400,000 Counsel, (202) 663–4681, or Savannah adjustment made pursuant to the 2015 1989 ...... 3,500,000 Marion Felton, General Attorney, (202) Act was published in the Federal 1990 ...... 3,600,000 663–4909, Office of Legal Counsel, 131 1991 ...... 3,800,000 Register on January 31, 2017, at 82 FR 1992 ...... 3,900,000 M St. NE, Washington, DC 20507. 8812 and raised the maximum penalty 1993 ...... 4,000,000 Requests for this notice in an alternative per violation from $525 to $534. EEOC’s 1994 ...... 4,100,000 format should be made to the Office of third adjustment made pursuant to the 1995 ...... 4,200,000 Communications and Legislative Affairs 2015 Act was published in the Federal 1996 ...... 4,300,000 at (202) 663–4191 (voice) or 1–800–669– Register on January 18, 2018 at 83 FR 1997 ...... 4,400,000 6820 (TTY), or to the Publications 2537 and raised the maximum penalty 1998 ...... 4,500,000 Information Center at 1–800–669–3362 per violation from $534 to $545. 1999 ...... 4,550,000 (toll free). The purpose of the annual adjustment 2000 ...... 4,650,000 2001 ...... 4,750,000 SUPPLEMENTARY INFORMATION: for inflation is to maintain the remedial impact of civil monetary penalties and 2002 ...... 4,850,000 I. Background 2003 ...... 4,900,000 promote compliance with the law. 2004 ...... 5,000,000 Under section 711 of the Civil Rights These periodic adjustments to the 2005 ...... 5,100,000 Act of 1964 (Title VII), which is penalty are to be calculated pursuant to 2006 ...... 5,250,000 incorporated by reference in section 105 the inflation adjustment formula 2007 ...... 5,400,000 of the Americans with Disabilities Act provided in section 5(b) of the 2015 Act 2008 ...... 5,550,000 (ADA) and section 207 of the Genetic and, in accordance with section 6 of the 2009 ...... 5,600,000 Information Non-Discrimination Act 2015 Act, the adjusted penalty will 2010 ...... 5,700,000 (GINA), and 29 CFR 1601.30(a), every apply only to penalties assessed after 2011 ...... 5,750,000 2012 ...... 5,850,000 employer, employment agency, labor the effective date of the adjustment. 2013 ...... 6,000,000 organization, and joint labor- Generally, the periodic inflation 2014 ...... 6,100,000 management committee controlling an adjustment to a civil monetary penalty 2015 ...... 6,200,000 apprenticeship or other training under the 2015 Act will be based on the 2016 ...... 6,300,000 program covered by Title VII, ADA, or percentage change between the 2017 ...... 6,400,000 GINA must post notices describing the Consumer Price Index for all Urban

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Consumers (CPI–U) for the month of with the posting requirement, and, as a House of Representatives, and the October preceding the date of result, the aggregate economic impact of Comptroller General of the United adjustment and the prior year’s October these revised regulations will be States prior to the effective date of the CPI–U. minimal, affecting only those limited rule. Under the CRA, a major rule few who fail to post required notices in cannot take effect until 60 days after it II. Calculation violation of the regulation and statue. is published in the Federal Register. The adjustment set forth in this final The rule only increases the penalty by This action is not a ‘‘major rule’’ as rule was calculated by comparing the $14 for each separate offense, nowhere defined by the CRA at 5 U.S.C. 804(2). CPI–U for October 2018 with the CPI– near the $100 million figure that would U for October 2017, resulting in an amount to a significant regulatory List of Subjects in 29 CFR Part 1601 inflation adjustment factor of 1.02522. action.1 This rule is not an Executive Administrative practice and The first step of the calculation is to Order 13771 regulatory action because procedure. multiply the inflation adjustment factor the rule is not significant under Dated: March 18, 2019. (1.02522) by the most recent civil Executive Order 12866. Carol R. Miaskoff, penalty amount ($545) to calculate the Paperwork Reduction Act Associate Legal Counsel, Equal Employment inflation-adjusted penalty level Opportunity Commission. ($558.7449). The second step is to round The Paperwork Reduction Act (44 this inflation-adjusted penalty to the U.S.C. chapter 35) (PRA) applies to Accordingly, the Equal Employment nearest dollar ($559). Accordingly, we rulemakings in which an agency creates Opportunity Commission amends 29 are adjusting the maximum penalty per a new paperwork burden on regulated CFR part 1601 as follows: entities or modifies an existing burden. violation specified in 29 CFR 1601.30(a) PART 1601—PROCEDURAL from $545 to $559. This final rule contains no new information collection requirements, REGULATIONS III. Regulatory Procedures and therefore, will create no new ■ 1. The authority citation for part 1601 Administrative Procedure Act paperwork burdens or modifications to continues to read as follows: existing burdens that are subject to The Administrative Procedure Act review by the Office of Management and Authority: 42 U.S.C. 2000e to 2000e–17; 42 (APA) provides an exception to the Budget under the PRA. U.S.C. 12111 to 12117; 42 U.S.C. 2000ff to notice and comment procedures where 2000ff–11. an agency finds good cause for Regulatory Flexibility Act ■ 2. Section 1601.30 is amended by dispensing with such procedures, on the The Regulatory Flexibility Act (5 revising paragraph (b) to read as follows: basis that they are impracticable, U.S.C. 601–612) only requires a unnecessary, or contrary to the public regulatory flexibility analysis when 1601.30 Notices to be posted. interest. EEOC finds that under 5 U.S.C. notice and comment is required by the * * * * * 553(b)(3)(B) good cause exists to not Administrative Procedure Act or some (b) Section 711(b) of Title VII and the utilize notice of proposed rulemaking other statute. As stated above, notice Federal Civil Penalties Inflation and public comment procedures for this and comment is not required for this Adjustment Act, as amended, make rule because this adjustment of the civil rule. For that reason, the requirements failure to comply with this section monetary penalty is required by the of the Regulatory Flexibility Act do not punishable by a fine of not more than 2015 Act, the formula for calculating the apply. $559 for each separate offense. adjustment to the penalty is prescribed Unfunded Mandates Reform Act of 1995 [FR Doc. 2019–05386 Filed 3–20–19; 8:45 am] by statute, and the Commission has no BILLING CODE 6570–01–P discretion in determining the amount of This final rule will not result in the the published adjustment. Accordingly, expenditure by State, local, or tribal the EEOC is issuing this revised governments, in the aggregate, or by the DEPARTMENT OF HOMELAND regulation as a final rule without notice private sector, of $100 million or more SECURITY and comment. in any one year, and it will not significantly or uniquely affect small Executive Orders 13563, 12866, and Coast Guard governments. Therefore, no actions were 13771 deemed necessary under the provisions 33 CFR Part 117 In promulgating this final rule, EEOC of the Unfunded Mandates Reform Act has adhered to the regulatory of 1995. [Docket No. USCG–2018–0729] philosophy and applicable principles Congressional Review Act Drawbridge Operation Regulation; set forth in Executive Order 13563. Atlantic Intracoastal Waterway, Fort Pursuant to Executive Order 12866, the The Congressional Review Act (CRA) Pierce, FL EEOC has coordinated with the Office of requires that before a rule may take Management and Budget (OMB). Under effect, the agency promulgating the rule AGENCY: Coast Guard, DHS. must submit a rule report, which section 3(f) of Executive Order 12866, ACTION: Notice of temporary deviation includes a copy of the rule, to each the EEOC and OMB have determined from regulations; request for comments. that this final rule will not have an House of the Congress and to the annual effect on the economy of $100 Comptroller General of the United SUMMARY: The Coast Guard has issued a million or more, or adversely affect in States. EEOC will submit a report temporary deviation from the operating a material way the economy, a sector of containing this rule and other required schedule that governs the Fort Pierce the economy, productivity, competition, information to the U.S. Senate, the U.S. North Causeway A1A Bridge (Banty jobs, the environment, public health or Sanders) across the Atlantic Intracoastal safety, or state, local, or tribal 1 In the last ten years, the highest number of Waterway (AICW), mile 964.8 at Fort charges alleging notice posting violations occurred governments or communities. The great in 2010. In that year, only 114 charges of the 90,837 Pierce, St. Lucie County, FL. This majority of employers and entities Title VII, ADA, and GINA charges (or .13%) deviation will be a second test of a covered by these regulations comply contained a notice posting violation. change to the drawbridge operation

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schedule to determine whether a publishing this alternate temporary Documents mentioned in this permanent change to the schedule is deviation to the proposed schedule notification as being available in this needed. This test deviation will modify change to determine whether a docket and all public comments, will be the existing deviation to allow the permanent change to the schedule is in our online docket at http:// bridge scheduled openings. appropriate to better balance the needs www.regulations.gov and can be viewed DATES: This deviation is effective of marine and vehicle traffic. by following that website’s instructions. without actual notice from March 21, Under this temporary deviation, in Additionally, if you go to the online 2019 through August 26, 2019 at 7 a.m. effect from 7 a.m. on February 28, 2019 docket and sign up for email alerts, you For the purposes of enforcement, actual to 7 a.m. on August 26, 2019, the draw will be notified when comments are notice will be used from February 28, shall open on the hour and half-hour. posted or a final rule is published. 2019 at 7 a.m., until March 21, 2019. Vessels in distress, public vessels of the Dated: March 18, 2019. Comments and related material must United States, and tugs with tows must Barry Dragon, reach the Coast Guard on or before June be passed at any time. 1, 2019. Director, Bridge Branch, Seventh Coast Guard This waterway is utilized by vessels District. ADDRESSES: You may submit comments of the United States, commercial [FR Doc. 2019–05413 Filed 3–20–19; 8:45 am] identified by docket number USCG– vessels, as well as recreational vessels. 2018–0729 using Federal eRulemaking There is no alternate route for vessels BILLING CODE 9110–04–P Portal at http://www.regulations.gov. desiring to travel north in the AICW. See the ‘‘Public Participation and Vessels that may pass through the DEPARTMENT OF HOMELAND Request for Comments’’ portion of the bridge without a requested opening may SECURITY SUPPLEMENTARY INFORMATION section do so at any time. below for instructions on submitting The Coast Guard will also inform the Coast Guard comments. users of the waterways through our FOR FURTHER INFORMATION CONTACT: If Local and Broadcast Notices to Mariners 33 CFR Part 165 of the change in operating schedule for you have questions on this test [Docket No. USCG–2019–0145] deviation, call or email LT Samuel the bridge so that vessel operators can Rodriguez-Gonzalez, Sector Miami arrange their transits to minimize any Safety Zones; Annual Events Waterways Management Division, U.S. impact caused by the temporary Requiring Safety Zones in the Captain Coast Guard; telephone 305–535–4307, deviation. of the Port Lake Michigan Zone-Tulip email Samuel.Rodriguez-Gonzalez@ In accordance with 33 CFR 117.35(e), Time Festival Fireworks uscg.mil. the drawbridge must return to its regular operating schedule immediately at the AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: end of the effective period of this ACTION: Notice of enforcement of I. Background, Purpose and Legal Basis temporary deviation. This deviation regulation. from the operating regulations is On August 30, 2018, the Coast Guard SUMMARY: authorized under 33 CFR 117.35. The Coast Guard will enforce published a Test Deviation entitled a safety zone on Lake Macatawa in ‘‘Drawbridge Operation Regulation; II. Public Participation and Request for Holland, MI for the Tulip Time Festival Atlantic Intracoastal Waterway, Fort Comments Fireworks on May 11, 2019 to provide Pierce, FL’’ in the Federal Register (83 We view public participation as for the safety of life on navigable FR 44233). We received 113 comments. waterways during this fireworks The Florida Department of essential to effective rulemaking, and will consider all comments and material display. This action is necessary and Transportation (FDOT) owns the Fort intended to protect the safety of life and Pierce North Causeway A1A Bridge received during the comment period. Your comment can help shape the property on navigable waters prior to, (Banty Sanders) across the AICW, mile during, and immediately after a 964.8 in Fort Pierce, St. Lucie County, outcome of this rulemaking. If you submit a comment, please include the fireworks display. During the FL. The bridge has a vertical clearance enforcement period listed below vessels of 26 feet at mean high water in the docket number for this rulemaking, indicate the specific section of this and persons are prohibited from closed position and a horizontal transiting through, mooring, or clearance of 90 feet. The bridge document to which each comment applies, and provide a reason for each anchoring within the safety zone unless currently operates under 33 CFR 117.5. authorized by the Captain of the Port The duration of the initial test suggestion or recommendation. Lake Michigan or a designated deviation was 180 days. During the We encourage you to submit representative. The operator of any initial test, the majority of comments comments through the Federal vessel in the regulated area must received were in support of scheduled eRulemaking Portal at http:// comply with directions from the Patrol openings. However, most felt that the www.regulations.gov. If your material Commander or any Official Patrol bridge was still opening too frequently. cannot be submitted using http:// displaying a Coast Guard ensign. A review of the bridge tender logs did www.regulations.gov, contact the person not support the claim that the bridge in the FOR FURTHER INFORMATION DATES: The regulations in 33 CFR was opening too frequently. The logs CONTACT section of this document for 165.929(c)(1) will be enforced from 9:30 did show, however, that openings alternate instructions. p.m. through 10:30 p.m. on May 11, tended to be twice per hour as opposed We accept anonymous comments. All 2019. to three times per hour. In addition, the comments received will be posted FOR FURTHER INFORMATION CONTACT: If majority of comments recommended without change to http:// you have questions about this notice of scheduled openings during the evening www.regulations.gov and will include enforcement, call or email marine event and on weekends. any personal information you have coordinator MSTC Kaleena Carpino, In order to meet the reasonable needs provided. For more about privacy and Prevention Department, Coast Guard of navigation, while benefiting vehicle the docket, visit http:// Sector Lake Michigan, Milwaukee, WI; transportation, the Coast Guard is www.regulations.gov/privacynotice. telephone (414) 747–7148, email D09-

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SMB-SECLakeMichigan-WWM@ ACTION: Temporary final rule. NPRM would be impracticable because uscg.mil. there is not enough time for Notice and SUMMARY: The U.S. Coast Guard is Comment procedures before the event. SUPPLEMENTARY INFORMATION: The Coast establishing a temporary safety zone in The date for the State of the Coast Guard Guard will enforce Safety Zone; Tulip the Port of Los Angeles around a portion Time Festival Fireworks listed as (c)(1) event was not set until February 15, of Reservation Point on U. S. Coast 2019, and the Coast Guard’s normal in Table 165.929 of 33 CFR 165.929 on Guard Base Los Angeles—Long Beach, Security Zone and Safety Zone May 11, 2019 from 9:30 p.m. through in support of the U. S. Coast Guard processes were interrupted by the 10:30 p.m. This safety zone will aviation and waterborne asset extended government shutdown in the encompass all of Lake Macatawa within demonstration for the Commandant’s beginning of 2019. the arc of a circle with a 1,000-foot State of the Coast Guard Address. This We are issuing this rule, and under 5 radius from a center point launch action is necessary to protect for the ° ′ ° ′ U.S.C. 553(d) (3), the Coast Guard finds position at 42 47.496 N, 086 07.348 W safety of life on these navigable waters that good cause exists for making it (NAD 83). This action is being taken to in the area of the Coast Guard asset effective less than 30 days after provide for the safety of life and demonstration. Entry of persons or publication in the Federal Register, as property on navigable waterways prior vessels into this temporary safety zone delaying the effective date of this rule to, during, and immediately after this is prohibited unless specifically would be impracticable and potentially fireworks display. authorized by the Captain of the Port threaten the Coast Guards ability to Pursuant to 33 CFR 165.930, entry (COTP), Los Angeles—Long Beach, or enforce safety measures in to protect for into, transiting, or anchoring within the her designated representative. the safety of life in these navigable safety zone during an enforcement DATES: This rule is effective from 12:01 waters in the area of the Coast Guard period is prohibited unless authorized a.m. through 11:59 p.m. on March 21, asset demonstration. by the Captain of the Port Lake 2019. Michigan, or his designated on-scene III. Legal Authority and Need for Rule ADDRESSES: To view documents representative. Those seeking The Coast Guard is issuing this rule permission to enter the safety zone may mentioned in this preamble as being under authority in 46 U.S.C. 70034. The request permission from the Captain of available in the docket, go to http:// Captain of the Port (COTP), Los Port Lake Michigan via channel 16, www.regulations.gov, type USCG–2018– Angeles—Long Beach has determined VHF–FM. If you are the operator of a 1119 in the ‘‘SEARCH’’ box and click that potential hazards associated with vessel in the regulated area during the ‘‘SEARCH.’’ Click on Open Docket navigation safety that arise because of enforcement period you must comply Folder on the line associated with this the potentially hazardous conditions with directions from the Patrol rule. associated with event safety due to the Commander or any Official Patrol FOR FURTHER INFORMATION CONTACT: If expected high-speed maneuvers from displaying a Coast Guard ensign. you have questions on this rule, call or waterborne vessels and aircraft Search This notice of enforcement is issued email Waterways Management, U.S. and Rescue demonstration related to under the authority of 33 CFR 165.929 Coast Guard Sector Los Angeles—Long this event along the main shipping and 5 U.S.C. 552(a). In addition to this Beach; telephone (310) 521–3860, or channel of the nation’s most notice of enforcement in the Federal email D11-SMB-SectorLALB-WWM@ economically vital port complex. For Register, the Coast Guard will provide uscg.mil. these reasons, the Coast Guard believes notification of this enforcement period SUPPLEMENTARY INFORMATION: that a safety zone is necessary to ensure via the Local Notice to Mariners and the safety of, and reduce the risk to, the Broadcast Notice to Mariners. The I. Table of Abbreviations public, and the participants of the event Captain of the Port Lake Michigan or his CFR Code of Federal Regulations in the Port of Los Angeles. or her designated on-scene DHS Department of Homeland Security IV. Discussion of the Rule representative may be contacted via E.O. Executive order VHF Channel 16 or at (414) 747–7182. FR Federal Register This rule establishes a temporary LLNR Light List Number safety zone on March 21, 2019, Dated: March 15, 2019. NPRM Notice of proposed rulemaking encompassing all navigable waters from Pub. L. Public Law Thomas J. Stuhlreyer, the surface to the sea floor within 500- Captain, U.S. Coast Guard, Captain of the § Section U.S.C. United States Code foot radius in approximate position: Port Lake Michigan. 33°43.241′ N, 118°15.942′ W. All [FR Doc. 2019–05357 Filed 3–20–19; 8:45 am] II. Background Information and coordinates displayed are referenced by BILLING CODE 9110–04–P Regulatory History North American Datum of 1983, World The Coast Guard is issuing this Geodetic System, 1984. This temporary temporary rule without prior notice and safety zone will only be enforced DEPARTMENT OF HOMELAND opportunity to comment pursuant to between 7:00 a.m. PST and 5:00 p.m. SECURITY authority under section 4(a) of the PST March 21, 2019. During the Coast Guard Administrative Procedure Act (APA) (5 enforcement period, vessels are U.S.C. 553(b)). This provision prohibited from entering into, transiting 33 CFR Part 165 authorizes an agency to issue a rule through, or remaining within the without prior notice and opportunity to designated area unless authorized by the [Docket Number USCG–2018–1119] comment when the agency for good Captain of the Port or her designated cause finds that those procedures are representative. Sector Los Angeles— RIN 1625–AA00 ‘‘impracticable, unnecessary, or contrary Long Beach may be contacted on VHF– Safety Zone; Commandant’s State of to the public interest.’’ Under 5 U.S.C. FM Channel 16 or (310) 521–3801. The the Coast Guard Address, San Pedro, 553(b)(B), the Coast Guard finds that general boating public will be notified California good cause exists for not publishing a prior to the enforcement of the notice of proposed rulemaking (NPRM) temporary safety zone via Broadcast AGENCY: Coast Guard, DHS. with respect to this rule. Publishing an Notice to Mariners.

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V. Regulatory Analyses with populations of less than 50,000. relationship between the Federal We developed this rule after The Coast Guard certifies under 5 U.S.C. Government and Indian tribes, or on the considering numerous statutes and 605(b) that this rule will not have a distribution of power and executive orders (E.O.s) related to significant economic impact on a responsibilities between the Federal rulemaking. Below we summarize our substantial number of small entities. Government and Indian tribes. If you While some owners or operators of analyses based on a number of these believe this rule has implications for vessels intending to transit the safety statutes and E.O.s, and we discuss First federalism or Indian tribes, please zone may be small entities, for the Amendment rights of protestors. contact the person listed in the FOR reasons stated in section V.A above, this FURTHER INFORMATION CONTACT section A. Regulatory Planning and Review rule will not have a significant above. economic impact on any vessel owner E.O.s 12866 (‘‘Regulatory Planning or operator. Under section 213(a) of the E. Unfunded Mandates Reform Act and Review’’) and 13563 (‘‘Improving Small Business Regulatory Enforcement The Unfunded Mandates Reform Act Regulation and Regulatory Review’’) Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires direct agencies to assess the costs and we want to assist small entities in Federal agencies to assess the effects of benefits of available regulatory understanding this rule. If the rule their discretionary regulatory actions. In alternatives and, if regulation is would affect your small business, particular, the Act addresses actions necessary, to select regulatory organization, or governmental that may result in the expenditure by a approaches that maximize net benefits jurisdiction and you have questions State, local, or tribal government, in the including potential economic, concerning its provisions or options for aggregate, or by the private sector of environmental, public health and safety compliance, please contact the person $100,000,000 (adjusted for inflation) or effects, distributive impacts, and equity. listed in the FOR FURTHER INFORMATION more in any one year. Though this rule E.O.13563 emphasizes the importance CONTACT section. will not result in such an expenditure, of quantifying both costs and benefits, of Small businesses may send comments we do discuss the effects of this rule reducing costs, of harmonizing rules, on the actions of Federal employees elsewhere in this preamble. and of promoting flexibility. Executive who enforce, or otherwise determine Order 13771 (‘‘Reducing Regulation and compliance with, Federal regulations to F. Environment Controlling Regulatory Costs’’), directs the Small Business and Agriculture We have analyzed this rule under agencies to reduce regulation and Regulatory Enforcement Ombudsman Department of Homeland Security control regulatory costs and provides and the Regional Small Business Management Directive 023–01 and that ‘‘for every one new regulation Regulatory Fairness Boards. The Commandant Instruction M16475.lD, issued, at least two prior regulations be Ombudsman evaluates these actions which guide the Coast Guard in identified for elimination, and that the annually and rates each agency’s complying with the National cost of planned regulations be prudently responsiveness to small business. If you Environmental Policy Act of 1969(42 managed and controlled through a wish to comment on actions by U.S.C. 4321–4370f), and have budgeting process.’’ employees of the Coast Guard, call 1– determined that this action is one of a We expect the economic impact of 888–REG–FAIR (1–888–734–3247). The category of actions that do not this rule will not rise to the level of Coast Guard will not retaliate against individually or cumulatively have a necessitating a full Regulatory small entities that question or complain significant effect on the human Evaluation. This regulatory action about this rule or any policy or action environment. This rule is categorically determination is based on the size, of the Coast Guard. excluded from further review under location, and duration of the safety paragraph L60(a) of Appendix A, Table zone. The size of the zone is the C. Collection of Information 1 of DHS Instruction Manual 023–01– minimum necessary to provide adequate This rule will not call for a new 001–01, Rev. 01. An environmental protection for the waterways users, collection of information under the analysis checklist supporting this adjoining areas, and the public. The Paperwork Reduction Act of 1995 (44 determination and Record of zone will be in place during the U.S.C. 3501–3520). Environmental Consideration (REC) are scheduled Commandant’s State of the available in the docket where indicated Coast Guard Address at U. S. Coast D. Federalism and Indian Tribal Governments under ADDRESSES. We seek any Guard base Los Angeles—Long Beach, comments or information that may lead which will be conducted in the vicinity A rule has implications for federalism to the discovery of a significant of Reservation Point, San Pedro, CA. under E.O. 13132, Federalism, if it has environmental impact from this rule. Moreover, the Coast Guard will issue a substantial direct effect on the States, Broadcast Notice to Mariners via VHF– on the relationship between the national G. Protest Activities FM marine channel 16 about the safety government and the States, or on the The Coast Guard respects the First zone and the rule allows vessels to seek distribution of power and Amendment rights of protesters. permission to enter the zone. responsibilities among the various Protesters are asked to contact the levels of government. We have analyzed B. Impact on Small Entities person listed in the FOR FURTHER this rule under that Order and have INFORMATION CONTACT section to The Regulatory Flexibility Act of determined that it is consistent with the coordinate protest activities so that your 1980, 5 U.S.C. 601–612, as amended, fundamental federalism principles and message can be received without requires Federal agencies to consider preemption requirements described in jeopardizing the safety or security of the potential impact of regulations on E.O. 13132. people, places or vessels. small entities during rulemaking. The Also, this rule does not have tribal term ‘‘small entities’’ comprises small implications under E.O. 13175, List of Subjects in 33 CFR Part 165 businesses, not-for-profit organizations Consultation and Coordination with Harbors, Marine safety, Navigation that are independently owned and Indian Tribal Governments, because it (water), Reporting and recordkeeping operated and are not dominant in their does not have a substantial direct effect requirements, Security measures, fields, and governmental jurisdictions on one or more Indian tribes, on the Waterways.

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For the reasons discussed in the temporary moving safety zone via SUPPLEMENTARY INFORMATION: preamble, the Coast Guard amends 33 Broadcast Notice to Mariners. I. Table of Abbreviations CFR part 165 as follows: M.L. Rochester, CFR Code of Federal Regulations PART 165—REGULATED NAVIGATION Captain, U.S. Coast Guard, Captain of the COTP Captain of the Port Port, Los Angeles Long Beach. AREAS AND LIMITED ACCESS AREAS DHS Department of Homeland Security [FR Doc. 2019–05366 Filed 3–20–19; 8:45 am] FR Federal Register NPRM Notice of proposed rulemaking ■ BILLING CODE 9110–04–P 1. The authority citation for part 165 § Section continues to read as follows: U.S.C. United States Code Authority: 46 U.S.C. 70034, 70051; 33 CFR DEPARTMENT OF HOMELAND II. Background Information and 1.05–1, 6.04–1, 6.04–6, and 160.5; SECURITY Regulatory History Department of Homeland Security Delegation No. 0170.1. Coast Guard The M/V ZHEN HUA 25 is transporting three post-Panamax gantry ■ 2. Add § 165. T11–1119 to read as 33 CFR Part 165 cranes to ports within the United States. follows: [Docket Number USCG–2019–0109] These large cranes extend beyond the width of M/V ZHEN HUA 25 on both § 165. T11–966 Safety Zone; RIN 1625–AA00 sides of the vessel and create a Commandant’s State of the Coast Guard navigational hazard to vessels operating Address, San Pedro, California. Safety Zone; Delaware River, within a certain proximity. The cranes Philadelphia, PA (a) Location. The following area is a are fastened in manner to facilitate safety zone: All navigable waters from AGENCY: Coast Guard, DHS. passage through open ocean. Upon the surface to the sea floor within 500- ACTION: Temporary final rule. arrival with the Delaware River, M/V foot radius in approximate position: ZHEN HUA 25 will transit to anchorage 33°43.241′ N, 118°15.942′ W. All SUMMARY: The Coast Guard is and begin an approximately four day coordinates displayed are referenced by establishing a temporary safety zone on process of removing the sea fastenings. the navigable waters of the Delaware North American Datum of 1983, World The M/V ZHEN HUA 25 will then Bay and River to restrict and protect Geodetic System, 1984. proceed, conditions permitting, to berth vessel traffic during the transit of Post- at the Port of Philadelphia Greenwich (b) Definitions. For the purposes of Panamax gantry cranes to and from the Terminal. The vessel will deliver two of this section: Port of Philadelphia. This action is the three cranes then proceed outbound Designated representative means a intended to protect mariners and vessels to Wilmington, NC, with one gantry Coast Guard Patrol Commander, from the hazards associated with the crane remaining onboard. including a Coast Guard coxswain, petty transportation of these large cranes. The Coast Guard is issuing this officer, or other officer operating a Coast Entry of vessels or persons into this temporary rule without prior notice and zone would be prohibited unless a Guard vessel and a Federal, State, and opportunity to comment pursuant to vessel meets the stated requirements or local officer designated by or assisting authority under section 4(a) of the is specifically authorized by the Captain the Captain of the Port Los Angeles— Administrative Procedure Act (APA) (5 of the Port Delaware Bay. This rule U.S.C. 553(b)). This provision Long Beach (COTP) in the enforcement compliments a safety zone found in of the safety zone. authorizes an agency to issue a rule docket number USCG–2019–0122 without prior notice and opportunity to (c) Regulations. (1) Under the general addressing safety risks while the vessel comment when the agency for good safety zone regulations in subpart C of carrying the cranes is moored at the Port cause finds that those procedures are this part, you may not enter the safety of Philadelphia. ‘‘impracticable, unnecessary, or contrary zone described in paragraph (a) of this DATES: This rule is effective without to the public interest.’’ Under 5 U.S.C. section unless authorized by the COTP actual notice from March 21, 2019 553(b)(B), the Coast Guard finds that or the COTP’s designated representative. through May 7, 2019. For the purposes good cause exists for not publishing an (2) To seek permission to enter, hail of enforcement, actual notice will be NPRM with respect to this rule because used from March 15, 2019, through Coast Guard Sector Los Angeles—Long it is impracticable and contrary to the March 21, 2019. This rule may be Beach on VHF–FM Channel 16 or call public interest. There is insufficient cancelled earlier if the project is time to allow for a reasonable comment at (310) 521–3801. Those in the safety completed before May 7, 2019. zone must comply with all lawful orders period prior to the anticipated arrival of ADDRESSES: To view documents M/V ZHEN HUA 25 to the Delaware Bay or directions given to them by the COTP mentioned in this preamble as being Captain of the Port zone. The rule must or the COTP’s designated representative. available in the docket, go to https:// be in force by March 15, 2019, to serve (d) Enforcement period. This section www.regulations.gov, type USCG–2019– its purpose of ensuring the safety of is effective from 12:01 a.m. through 0109 in the ‘‘SEARCH’’ box and click waterway users and the general public 11:59 p.m. on March 21, 2019. No vessel ‘‘SEARCH.’’ Click on Open Docket from hazards associated with the or person would be permitted to operate Folder on the line associated with this transport of post-Panamax gantry cranes in the safety zone without obtaining rule. within the Delaware Bay Captain of the permission from the COTP or her FOR FURTHER INFORMATION CONTACT: If Port Zone. designated representative. This you have questions about this Under 5 U.S.C. 553(d)(3), the Coast temporary safety zone will only be rulemaking, call or email Petty Officer Guard finds that good cause exists for enforced between 7:00 a.m. PST and Thomas Welker, U.S. Coast Guard making this rule effective less than 30 5:00 p.m. PST March 21, 2019. The Sector Delaware Bay, Waterways days after publication in the Federal general boating public will be notified Management Branch; telephone (215) Register. Delaying the effective date of prior to the enforcement of the 271–4814, email Thomas.J.Welker@ this rule would be impracticable and uscg.mil. contrary to the public interest because

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immediate action is needed to mitigate contact the Sector Delaware Bay B. Impact on Small Entities the potential safety hazards associated Command Center via VHF–FM channel The Regulatory Flexibility Act of with transportation of post-Panamax 16. The Coast Guard anticipates that 1980, 5 U.S.C. 601–612, as amended, gantry cranes. most vessels will be able to freely transit requires Federal agencies to consider III. Legal Authority and Need for Rule around the safety zone and will not the potential impact of regulations on need to seek permission to enter the The Coast Guard is issuing this rule small entities during rulemaking. The zone while the M/V ZHEN HUA 25 is term ‘‘small entities’’ comprises small under authority in 46 U.S.C. 70034. The underway. COTP has determined that there are businesses, not-for-profit organizations potential hazards associated with the There will be a pre-designated safety that are independently owned and transportation of post-Panamax gantry vessel escorting the ZHEN HUA 25 operated and are not dominant in their cranes. The COTP Delaware Bay has while it is underway to monitor the flow fields, and governmental jurisdictions determined that the potential hazards of traffic and inform mariners that the with populations of less than 50,000. will be a safety concern for anyone gantry crane transit is in progress. The Coast Guard certifies under 5 U.S.C. within a 200-yard radius of the vessel The Coast Guard is establishing a 605(b) that this rule will not have a unless moored at Greenwich Terminal second safety zone through a separate significant economic impact on a substantial number of small entities. in Philadelphia, Pennsylvania. rulemaking found in Docket number While some owners or operators of USCG–2019–0122, published elsewhere IV. Discussion of the Rule vessels intending to transit the safety in this issue of the Federal Register, to zone may be small entities, for the The safety zone includes all navigable ensure the safety of vessels and persons reasons stated in section V.A. above, waters within 200 yards of M/V ZHEN transiting the area during offloading this rule will not have a significant HUA 25 unless moored at Greenwich operations once the vessel is moored at Terminal in Philadelphia, Pennsylvania. economic impact on any vessel owner the terminal. Enforcement of the safety zone will or operator. begin when the M/V ZHEN HUA 25 V. Regulatory Analyses Under section 213(a) of the Small arrives at the Delaware Bay Captain of Business Regulatory Enforcement the Port zone and continue, unless the We developed this rule after Fairness Act of 1996 (Pub. L. 104–121), vessel is moored, until departure from considering numerous statutes and we want to assist small entities in the Delaware Bay Captain of the Port Executive orders related to rulemaking. understanding this rule. If the rule will zone. The anticipated date of arrival for Below we summarize our analyses affect your small business, organization, the M/V ZHEN HUA 25 is March 15, based on a number of these statutes and or governmental jurisdiction and you 2019. However, inclement weather and Executive orders, and we discuss First have questions concerning its other unforeseen circumstances may Amendment rights of protestors. provisions or options for compliance, necessitate a change in the date of please contact the person listed in the A. Regulatory Planning and Review transit upriver. Sector Delaware Bay FOR FURTHER INFORMATION CONTACT will notify the maritime community of Executive Orders 12866 and 13563 section. the date of transit, at a minimum, via direct agencies to assess the costs and Small businesses may send comments marine safety information bulletin and benefits of available regulatory on the actions of Federal employees broadcast notice to mariners. alternatives and, if regulation is who enforce, or otherwise determine To ensure a safe transit within the necessary, to select regulatory compliance with, Federal regulations to Delaware Bay Captain of the Port zone, approaches that maximize net benefits. the Small Business and Agriculture the vessel may stop in a designated Executive Order 13771 directs agencies Regulatory Enforcement Ombudsman anchorage area, as set forth in 33 CFR to control regulatory costs through a and the Regional Small Business 110.157, for a short time if needed due budgeting process. This rule has not Regulatory Fairness Boards. The to weather and tidal requirements. The been designated a ‘‘significant Ombudsman evaluates these actions safety zone will remain in place during regulatory action,’’ under Executive annually and rates each agency’s the time the vessel spends anchored. Order 12866. Accordingly, this rule has responsiveness to small business. If you Vessels may be able to transit through not been reviewed by the Office of wish to comment on actions by the safety zone while the M/V ZHEN Management and Budget (OMB), and employees of the Coast Guard, call 1– HUA 25 is anchored in a designated pursuant to OMB guidance it is exempt 888–REG–FAIR (1–888–734–3247). The anchorage area if they meet the from the requirements of Executive Coast Guard will not retaliate against following requirements: Transit through Order 13771. small entities that question or complain the safety zone at the minimum safe about this rule or any policy or action speed to reduce wake and maintain This regulatory action determination of the Coast Guard. steerage, and, except for towing vessels is based on the short duration and traffic designated as assist tugs and operating management of the safety zone. The C. Collection of Information in such capacity, do not overtake, meet, safety zone will allow for vessels to This rule will not call for a new or otherwise pass any other unmoored transit through the safety zone with collection of information under the or unanchored vessel while transiting permission while the M/V ZHEN HUA Paperwork Reduction Act of 1995 (44 through the safety zone. Vessels which 25 is underway or in a designated U.S.C. 3501–3520). do not meet all of the requirements anchorage without permission if certain listed above are prohibited from requirements are met. The Coast Guard D. Federalism and Indian Tribal entering or transiting the safety zone anticipates that most vessels will be able Governments without prior approval of the COTP to freely transit around the safety zone A rule has implications for federalism Delaware Bay. Additionally, vessels and will not need to seek permission to under Executive Order 13132, must ask permission to enter or transit enter the zone while the M/V ZHEN Federalism, if it has a substantial direct the safety zone any time the M/V ZHEN HUA 25 is underway. For these reasons, effect on the States, on the relationship HUA 25 is underway. Vessels requesting the impact on waterway traffic is between the national government and to enter or transit the safety zone may expected to be minimal. the States, or on the distribution of

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power and responsibilities among the INFORMATION CONTACT section to (ii) Vessels maintain the minimum various levels of government. We have coordinate protest activities so that your safe speed to reduce wake and maintain analyzed this rule under that Order and message can be received without steerage. have determined that it is consistent jeopardizing the safety or security of (iii) Except towing vessels designated with the fundamental federalism people, places or vessels. as assist tugs and operating in such principles and preemption requirements List of Subjects 33 CFR Part 165 capacity, no vessel may meet, overtake described in Executive Order 13132. or otherwise pass another unmoored or Also, this rule does not have tribal Harbors, Marine safety, Navigation unanchored vessel within the safety implications under Executive Order (water), Reporting and recordkeeping zone. 13175, Consultation and Coordination requirements, Security measures, (d) Enforcement. The U.S. Coast with Indian Tribal Governments, Waterways. Guard may be assisted in the patrol and because it does not have a substantial For the reasons discussed in the enforcement of the safety zone by direct effect on one or more Indian preamble, the Coast Guard amends 33 Federal, State, and local agencies. tribes, on the relationship between the CFR part 165 as follows: (e) Enforcement period. (1) Federal Government and Indian tribes, Enforcement of the safety zone will or on the distribution of power and PART 165—REGULATED NAVIGATION begin when the M/V ZHEN HUA 25 responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS enters the Delaware Bay Captain of the Government and Indian tribes. If you ■ 1. The authority citation for part 165 Port zone until midnight on May 7, 2019 believe this rule has implications for continues to read as follows: unless the project is completed earlier. federalism or Indian tribes, please (2) This safety zone will not be contact the person listed in the FOR Authority: 46 U.S.C. 70034, 70051; 33 CFR enforced from the time arrival mooring 1.05–1, 6.04–1, 6.04–6, and 160.5; FURTHER INFORMATION CONTACT section operations are completed to the time above. Department of Homeland Security Delegation No. 0170.1. departure mooring operations begin. E. Unfunded Mandates Reform Act ■ 2. Add § 165.T05–0109 to read as (3) The anticipated date of arrival for follows: the M/V ZHEN HUA 25 to the Delaware The Unfunded Mandates Reform Act Bay Captain of the Port zone is March of 1995 (2 U.S.C. 1531–1538) requires § 165.T05–0109 Safety Zone, Delaware 15, 2019. Federal agencies to assess the effects of River, Philadelphia, PA. Dated: March 15, 2019. their discretionary regulatory actions. In (a) Location. The following area is a Scott E. Anderson, particular, the Act addresses actions safety zone: All navigable waters within that may result in the expenditure by a 200 yards of the M/V ZHEN HUA 25 Captain, U.S. Coast Guard, Captain of the Port, Delaware Bay. State, local, or tribal government, in the while the vessel is underway or aggregate, or by the private sector of anchored within Delaware Bay or River. [FR Doc. 2019–05367 Filed 3–20–19; 8:45 am] $100,000,000 (adjusted for inflation) or (b) Definitions. As used in this BILLING CODE 9110–04–P more in any one year. Though this rule section, designated representative will not result in such an expenditure, means a Coast Guard Patrol we do discuss the effects of this rule Commander, including a Coast Guard DEPARTMENT OF HOMELAND elsewhere in this preamble. coxswain, petty officer, or other officer SECURITY F. Environment operating a Coast Guard vessel and a Coast Guard Federal, State, and local officer We have analyzed this rule under designated by or assisting the Captain of 33 CFR Part 165 Department of Homeland Security the Port Delaware Bay (COTP) in the Directive 023–01 and Commandant enforcement of the safety zone. [Docket Number USCG–2019–0169] Instruction M16475.1D, which guide the (c) Regulations. (1) In accordance with Coast Guard in complying with the the general safety zones regulations in RIN 1625–AA00 National Environmental Policy Act of subpart C of this part and except for as 1969 (42 U.S.C. 4321–4370f), and have described in paragraph (c)(3) of this Safety Zone; Missouri River, Miles determined that this action is one of a section, vessels may not enter, remain 360–450, Kansas City, MO to St. category of actions that do not in, or transit the safety zone described Joseph, MO individually or cumulatively have a in paragraph (a) of this section unless significant effect on the human authorized by the COTP or the COTP’s AGENCY: Coast Guard, DHS. environment. This rule involves a designated representative. ACTION: Temporary final rule. moving safety zone lasting only the (2) To seek permission to enter or duration of transit of a vessel carrying remain in the zone, unless moored or SUMMARY: The Coast Guard is post-Panamax gantry cranes. It is anchored outside the main navigational establishing a temporary safety zone on categorically excluded from further channel, contact the COTP or the the navigable waters of the Missouri review under paragraph L60(a) of COTP’s representative via VHF–FM River from mile marker (MM) 360 to Appendix A, Table 1 of DHS Instruction Channel 16. Those in the safety zone MM 450 between Kansas City, MO and Manual 023–01–001–01, Rev. 01. A must comply with all lawful orders or St. Joseph, MO. This action is necessary Record of Environmental Consideration directions given to them by the COTP or to provide for the safety of persons, supporting this determination is the COTP’s designated representative. vessels, and the marine environment on available in the docket where indicated (3) Vessels may transit the safety zone these navigable waters as a result of under ADDRESSES. described in paragraph (a) of this increasing flood conditions on the river section without permission from the that is threatening to overtop levees. G. Protest Activities COTP if all of the following criteria are Entry of vessels or persons into this The Coast Guard respects the First met: zone is prohibited unless specifically Amendment rights of protesters. (i) The M/V ZHEN HUA 25 is authorized by the Captain of the Port Protesters are asked to contact the anchored in a designated anchorage as Sector Upper Mississippi River (COTP) person listed in the FOR FURTHER defined in 33 CFR 110.157. or a designated representative.

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DATES: This rule is effective without immediate action is necessary to V. Regulatory Analyses actual notice from March 21, 2019 until respond to the potential safety hazards We developed this rule after April 1, 2019. For the purposes of associated with floodwaters threatening considering numerous statutes and enforcement, actual notice will be to overtop levees along the river. Executive orders related to rulemaking. provided from 5 p.m. on March 15, 2019 III. Legal Authority and Need for Rule Below we summarize our analyses until March 21, 2019. This rule may be based on a number of these statutes and cancelled earlier if the project is The Coast Guard is issuing this rule Executive orders, and we discuss First completed before April 1, 2019. under authority in 46 U.S.C. 70034. The Amendment rights of protestors. ADDRESSES: To view documents COTP has determined that potential mentioned in this preamble as being hazards associated with flood waters A. Regulatory Planning and Review available in the docket, go to https:// threaten to overtop levees along the Executive Orders 12866 and 13563 www.regulations.gov, type USCG–2019– river. The USACE Kansas City District direct agencies to assess the costs and 0169 in the ‘‘SEARCH’’ box and click has expressed concern that vessel traffic benefits of available regulatory ‘‘SEARCH.’’ Click on Open Docket in the affected area could cause damage alternatives and, if regulation is Folder on the line associated with this to the levees resulting in overtopping or necessary, to select regulatory rule. failure. This rule is necessary to ensure approaches that maximize net benefits. FOR FURTHER INFORMATION CONTACT: If the safety of persons, vessels, and the Executive Order 13771 directs agencies you have questions on this rule, call or marine environment on these navigable to control regulatory costs through a email Lieutenant Commander Christian waters due to the flood impacts to budgeting process. This rule has not Barger, Sector Upper Mississippi River USACE levees. been designated a ‘‘significant Waterways Management Division, U.S. IV. Discussion of the Rule regulatory action,’’ under Executive Coast Guard; telephone 314–269–2560, Order 12866. Accordingly, this rule has email [email protected]. On March 15, 2019, the USACE not been reviewed by the Office of SUPPLEMENTARY INFORMATION: Kansas City District contacted the Coast Management and Budget (OMB), and Guard to report an increase in flood pursuant to OMB guidance it is exempt I. Table of Abbreviations waters approaching the tops of levees from the requirements of Executive CFR Code of Federal Regulations along the Missouri River between Mile Order 13771. COTP Captain of the Port Sector Upper Marker (MM) 360 and MM 450 and This regulatory action determination Mississippi River requested a river closure to ensure the is based on the emergency nature of the DHS Department of Homeland Security safety of persons, vessels, and the action and after consultation with FR Federal Register marine environment that would result if representatives of the shipping NPRM Notice of proposed rulemaking floodwaters overtop the levees. This industries that use this reach of river § Section rule establishes a temporary safety zone indicate that the many shipping USACE United States Army Corps of from March 15, 2019 until April 1, 2019, Engineers companies have already made U.S.C. United States Code or until cancelled by the COTP, arrangements to avoid this area. whichever occurs first. The safety zone Moreover, the Coast Guard will issue a II. Background Information and will cover all navigable waters of the BNM via VHF–FM marine channel 16 Regulatory History Missouri River from MM 360 to MM about the zone, and the rule allows The Coast Guard is issuing this 450, unless reduced in scope by the vessels to seek permission to enter the temporary rule without prior notice and COTP as flood conditions warrant. zone on a case-by-case basis. opportunity to comment pursuant to No vessel or person will be permitted B. Impact on Small Entities authority under section 4(a) of the to enter the safety zone without Administrative Procedure Act (APA) (5 obtaining permission from the COTP or The Regulatory Flexibility Act of U.S.C. 553(b)). This provision a designated representative. A 1980, 5 U.S.C. 601–612, as amended, authorizes an agency to issue a rule designated representative is a requires Federal agencies to consider without prior notice and opportunity to commissioned, warrant, or petty officer the potential impact of regulations on comment when the agency for good of the U.S. Coast Guard (USCG) assigned small entities during rulemaking. The cause finds that those procedures are to units under the operational control of term ‘‘small entities’’ comprises small ‘‘impracticable, unnecessary, or contrary USCG Sector Upper Mississippi River. businesses, not-for-profit organizations to the public interest.’’ Under 5 U.S.C. To seek permission to enter, contact the that are independently owned and 553(b)(B), the Coast Guard finds that COTP or a designated representative via operated and are not dominant in their good cause exists for not publishing an VHF–FM channel 16, or through USCG fields, and governmental jurisdictions NPRM with respect to this rule because Sector Upper Mississippi River at 314– with populations of less than 50,000. it is impracticable. It is impracticable 269–2332. Persons and vessels The Coast Guard certifies under 5 U.S.C. because we must establish this safety permitted to enter the safety zone must 605(b) that this rule will not have a zone immediately and lack sufficient comply with all lawful orders or significant economic impact on a time to provide a reasonable comment directions issued by the COTP or substantial number of small entities. period and then consider those designated representative. The COTP or While some owners or operators of comments before issuing this rule. The a designated representative will inform vessels intending to transit the NPRM process would delay the the public of the effective period for the temporary safety zone may be small establishment of the safety zone and safety zone as well as any changes in the entities, for the reasons stated in section compromise public safety. dates and times of enforcement, as well V.A above, this rule will not have a Under 5 U.S.C. 553(d)(3), the Coast as reductions in size of the safety zone significant economic impact on any Guard finds that good cause exists for as flood conditions improve, through vessel owner or operator. making this rule effective less than 30 Local Notice to Mariners (LNMs), Under section 213(a) of the Small days after publication in the Federal Broadcast Notices to Mariners (BNMs), Business Regulatory Enforcement Register. Delaying this rule would be and/or Marine Safety Information Fairness Act of 1996 (Pub. L. 104–121), contrary to public interest because Bulletins (MSIBs), as appropriate. we want to assist small entities in

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understanding this rule. If the rule their discretionary regulatory actions. In § 165.T08–0169 Safety Zone; Missouri would affect your small business, particular, the Act addresses actions River, Miles 360–450, Kansas City, MO to St. organization, or governmental that may result in the expenditure by a Joseph, MO. jurisdiction and you have questions State, local, or tribal government, in the (a) Location. The following area is a concerning its provisions or options for aggregate, or by the private sector of safety zone: all navigable waters of the compliance, please contact the person $100,000,000 (adjusted for inflation) or Missouri River from mile marker (MM) listed in the FOR FURTHER INFORMATION more in any one year. Though this rule 360 to MM 450. This section will be CONTACT section. will not result in such an expenditure, enforced on all navigable waters of the Small businesses may send comments we do discuss the effects of this rule Missouri River from MM 360 to MM on the actions of Federal employees elsewhere in this preamble. who enforce, or otherwise determine 450, unless reduced in scope by the compliance with, Federal regulations to F. Environment Captain of the Port Sector Upper the Small Business and Agriculture We have analyzed this rule under Mississippi River (COTP) as flood Regulatory Enforcement Ombudsman Department of Homeland Security conditions warrant. and the Regional Small Business Directive 023–01 and Commandant (b) Effective period. This rule is Regulatory Fairness Boards. The Instruction M16475.1D, which guide the effective without actual notice from Ombudsman evaluates these actions Coast Guard in complying with the March 21, 2019 until April 1, 2019. For annually and rates each agency’s National Environmental Policy Act of the purposes of enforcement, actual responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have notice will be provided from 5 p.m. on wish to comment on actions by determined that this action is one of a March 15, 2019 until March 21, 2019. employees of the Coast Guard, call 1– category of actions that do not This rule may be cancelled earlier if the 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a project is completed before April 1, Coast Guard will not retaliate against significant effect on the human 2019. small entities that question or complain environment. This rule involves a about this rule or any policy or action temporary safety zone prohibiting entry (c) Regulations. (1) In accordance with of the Coast Guard. on a ninety mile stretch of the Missouri the general safety zone regulations in § 165.23, entry of persons or vessels into C. Collection of Information River that is experiencing significant flooding that is impacting levees. It is this safety zone described in paragraph This rule will not call for a new categorically excluded from further (a) of this section is prohibited unless collection of information under the review under paragraph L60(d) of authorized by the COTP or a designated Paperwork Reduction Act of 1995 (44 Appendix A, Table 1 of DHS Instruction representative. A designated U.S.C. 3501–3520). Manual 023–01–001–01, Rev. 01. A representative is a commissioned, D. Federalism and Indian Tribal Record of Environmental Consideration warrant, or petty officer of the U.S. Governments supporting this determination will be Coast Guard (USCG) assigned to units made available in the docket where under the operational control of USCG A rule has implications for federalism indicated under ADDRESSES. under Executive Order 13132, Sector Upper Mississippi River. Federalism, if it has a substantial direct G. Protest Activities (2) To seek permission to enter, effect on the States, on the relationship contact the COTP or a designated The Coast Guard respects the First between the national government and representative via VHF–FM channel 16, Amendment rights of protesters. the States, or on the distribution of or through USCG Sector Upper Protesters are asked to contact the power and responsibilities among the Mississippi River at 314–269–2332. person listed in the FOR FURTHER various levels of government. We have INFORMATION CONTACT section to Persons and vessels permitted to enter analyzed this rule under that Order and coordinate protest activities so that your the safety zone must comply with all have determined that it is consistent message can be received without lawful orders or directions issued by the with the fundamental federalism jeopardizing the safety or security of COTP or designated representative. principles and preemption requirements people, places, or vessels. described in Executive Order 13132. (d) Informational broadcasts. The Also, this rule does not have tribal List of Subjects in 33 CFR Part 165 COTP or a designated representative implications under Executive Order will inform the public of the effective 13175, Consultation and Coordination Harbors, Marine safety, Navigation period for the safety zone as well as any with Indian Tribal Governments, (water), Reporting and recordkeeping changes in the dates and times of because it does not have a substantial requirements, Security measures, enforcement, as well as reductions in direct effect on one or more Indian Waterways. size of the safety zone as flood tribes, on the relationship between the For the reasons discussed in the conditions improve, through Local Federal Government and Indian tribes, preamble, the Coast Guard amends 33 Notice to Mariners (LNMs), Broadcast or on the distribution of power and CFR part 165 as follows: Notices to Mariners (BNMs), and/or responsibilities between the Federal Marine Safety Information Bulletins PART 165—REGULATED NAVIGATION Government and Indian tribes. If you (MSIBs) as appropriate. believe this rule has implications for AREAS AND LIMITED ACCESS AREAS Dated: March 15, 2019. federalism or Indian tribes, please ■ 1. The authority citation for part 165 contact the person listed in the FOR R. M. Scott, continues to read as follows: FURTHER INFORMATION CONTACT section Commander, U.S. Coast Guard, Acting above. Authority: 46 U.S.C. 70034; 46 U.S.C. Captain of the Port Sector Upper Mississippi 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and River. E. Unfunded Mandates Reform Act 160.5; Department of Homeland Security [FR Doc. 2019–05372 Filed 3–20–19; 8:45 am] Delegation No. 0170.1. The Unfunded Mandates Reform Act BILLING CODE 9110–04–P of 1995 (2 U.S.C. 1531–1538) requires ■ 2. Add § 165.T08–0169 to read as Federal agencies to assess the effects of follows:

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DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If The rule was written with the same SECURITY you have questions about this geographic scope and operating rulemaking, call or email Mr. Ronald L. requirements as the previous temporary Coast Guard Houck, at Sector Maryland-National rulemakings, to be activated and Capital Region Waterways Management enforced at the request of the USSS. The 33 CFR Part 165 Division, U.S. Coast Guard; telephone rule was made immediately effective to [Docket Number USCG–2017–0448] 410–576–2674, email Ronald.L.Houck@ prevent the need for additional uscg.mil. temporary final rules, but provided the RIN 1625–AA87 SUPPLEMENTARY INFORMATION: public a 30-day comment period. In response to the IFR, the Coast Security Zone; Potomac River, I. Table of Abbreviations Guard received 636 submissions to the Montgomery County, MD BNM Broadcast Notice to Mariners docket. After reviewing the public AGENCY: Coast Guard, DHS. CFR Code of Federal Regulations input, the COTP Maryland-National Capital Region is modifying the security ACTION: Interim rule and request for COTP Captain of the Port DHS Department of Homeland Security zone established by the IFR. The legal comments. FR Federal Register authority for this rule is 46 U.S.C. IFR Interim final rule SUMMARY: This interim rule modifies the 70034, as delegated by Department of MD–DNR Maryland Department of Natural Homeland Security Delegation No. existing security zone that covers waters Resources of the Potomac River next to Trump NPRM Notice of proposed rulemaking 0170.1, section II, paragraph 70, from National Golf Club at Potomac Falls, § Section the Secretary of Homeland Security to VA. The security zone prevents U.S.C. United States Code the Commandant of the United States waterside threats and incidents while USSS United States Secret Service Coast Guard and further redelegated by persons protected by the Secret Service 33 CFR 1.05–1, 6.04–1, 6.04–6, and II. Basis and Purpose, and Regulatory 160.5 to the Captains of the Port. This are at the club. This rule reduces the History overall length of the existing security rule safeguards the lives of persons zone and creates a 250-yard-wide transit The Ports and Waterways Safety Act, protected by the Secret Service, and of lane that provides passage for vessels as amended, provides the Coast Guard the general public, by enhancing the through the zone near the Maryland the authority to establish water or safety and security of navigable waters shoreline with permission of the waterfront safety zones, or other of the United States during heightened Captain of the Port (COTP) or measures, for limited, controlled, or security events at the Trump National designated representative. This rule conditional access and activity when Golf Club. continues to prohibit vessels and people necessary for the protection of any Because this rule relieves a from entering the security zone unless vessel, structure, waters, or shore area, restriction, 5 U.S.C. 553(d)(1) of the specifically exempt under the 46 U.S.C. 70011(b)(3). On several Administrative Procedure Act allows provisions in this rule or granted occasions between March 24, 2017, and this rule to take effect less than 30 days specific permission from the COTP July 10, 2017, the USSS requested that after publication in the Federal Maryland-National Capital Region or the U.S. Coast Guard close the Potomac Register. This rule relieves the River during events held at the Trump designated representative. It also restrictions imposed by the original IFR National Golf Club at Potomac Falls, governs activities of vessels and persons that created this security zone. The VA, to protect persons protected by the already in the security zone when Coast Guard is reducing the size of the USSS, hereafter referred to as ‘‘USSS zone both on the upriver portion of the activated. The security zone enhances protectees.’’ The Coast Guard did not security zone near Sharpshin Island and the safety and security of persons while have sufficient notice of these events to on the downriver portion of the security minimizing, to the extent possible, the provide opportunity for public comment zone near the dam at Seneca Breaks. impact on commerce and legitimate prior to these rules taking effect, and This reduction in length will allow waterway use. We invite your comments advance public notice of specific events increased river access from Algonkian on this rulemaking. could thwart the purpose of the security Park west of the Trump National Golf DATES: This rule is effective March 21, zone. As required by 5 U.S.C. 553, the Club. East of the golf course, the 2019. Comments and related material Administrative Procedure Act, the Coast reduction in length will allow waterway must be received by the Coast Guard on Guard found that good cause existed for users to transit across the river just or before June 19, 2019. not providing the normal notice and upstream from the Seneca Breaks, ADDRESSES: Documents mentioned in comment procedure. allowing water access to the George this preamble are part of Docket Number Given the frequency of the past need Washington (GW) Canal and Patowmack USCG–2017–0448. To view documents for a security zone at this location and Canal, which is popular for paddling. mentioned in this preamble as being the likelihood for similar events to available in the docket, go to http:// continue in the foreseeable future, the III. Discussion of Comments www.regulations.gov, type the docket Coast Guard determined that a We received 636 comments on our number in the ‘‘SEARCH’’ box and click permanent security zone would be the interim rule published July 10, 2017. ‘‘SEARCH.’’ Click on ‘‘Open Docket preferable course of action. We would The Coast Guard considered all of these Folder’’ on the line associated with this be able to provide advance notification comments and has made revisions to the rulemaking. You may submit comments, to the public that a security zone may security zone in response. The identified by docket number, using the be enforced in the future at this location comments received are available for Federal eRulemaking Portal at http:// and provide the public with an public inspection at www.regulations.gov. See the ‘‘Public opportunity to provide feedback to the www.regulations.gov under docket Participation and Request for agency—neither of which we had been USCG–2017–0448. In addition to Comments’’ portion of the able to do before. The Coast Guard changes made in response to the SUPPLEMENTARY INFORMATION section for published an IFR, ‘‘Security Zone; comments, we also made small editorial further instructions on submitting Potomac River, Montgomery County, revisions for grammar and to clarify comments. MD’’ on July 10, 2017 (82 FR 31719). language that was potentially unclear.

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Unless specifically described in the when the agency for good cause finds river when the security zone is being preamble to this rule, such revisions that those procedures are impracticable, enforced. A common theme was were not intended to change the unnecessary, or contrary to the public requesting a way for paddlers to enter meaning of the language that was interest. The Coast Guard found that the water on the Maryland side and revised. good cause existed for not publishing an access the GW Canal on the Virginia NPRM and discussed those findings in side. Many commenters felt that the 1. Who is affected by the security zone? the IFR. The Coast Guard found that zone could potentially force waterway A large number of commenters issuing an NPRM was impracticable and users close to the dam. The president of expressed concern about the rule’s contrary to the public interest because a local recreational boating association impacts on the wide variety of people immediate action was necessary to asked for a 100-foot lane immediately who regularly use the portion of the provide waterway and waterside west of Seneca Breaks, so that paddlers river within the security zone. security and protection. If the Coast can safely cross upriver from the dam, Commenters stated veterans, Guard waited the requisite 30 days for as well as access to the Maryland side specifically disabled veterans, would be public comment, this would have put of the river. Additionally, some impacted because rehabilitative kayak/ USSS protectees at the Trump National comments expressed concern over what canoe training and classes are held near Golf Club and the nearby public at risk. would happen if a paddler launched Riley’s Lock (Lock 24) and Violette’s However, the Coast Guard recognizes and went downriver, only to find out Lock (Lock 23), both located on the the importance of public comment and upon return to that launch site that the Maryland side of the river across from allowed for a 30 day, post-effective security zone was activated. the Trump National Golf Club. We were comment period on the IFR. Commenters stated that this would also informed that professional athletic leave a paddler stranded if the paddler 3. Will the Coast Guard extend the teams use this part of the river for could not access the paddler’s launch comment period on the interim final training. Many commenters were point and could pose a safety risk to the rule or hold a public meeting? concerned about impact on the two paddler. summer camps for local youth that We received two requests for After reviewing the concerns raised operate on the Maryland side across extension of the comment period on the by the commenters, we revised the from Trump National Golf Club. Camp IFR and one request for a public security zone to create a 250 yard wide attendees for both camps access the meeting. The Coast Guard has made the transit lane parallel to the Maryland Potomac River at Riley’s Lock for decision not to extend the comment shoreline that may be accessed with kayaking, canoeing, and sailing lessons. period on the July 2017 IFR. The permission from the COTP or Commenters also stated that the security Administrative Procedure Act does not designated representative. While this zone impacts recreational boaters, jet specify the number of days that an means waterway users accessing the skiers, swimmers, hunters, fishermen agency must provide for public Potomac River from Riley’s Lock will and family paddlers that wish to access comment. And, based on the number immediately enter the security zone this popular portion of the river, from and quality of the responses that we when entering the river, the transit lane either Algonkian or Seneca Regional received, we believe that the 30-day provides the opportunity for them to Parks located on the Virginia side, as comment period provided adequate access the Potomac River once granted well as the Riley’s and Violette’s Locks opportunity for interested members of permission from the COTP or the access points on the Maryland side. The the public to review the July 2017 IFR COTP’s representative. We moved the Coast Guard appreciates all of the and provide us with currently available eastern edge of the security zone commenters who took time to provide information that would enhance our approximately 600 yards west. This feedback on this security zone. Through knowledge about the rule, including provides approximately 170 yards of the review of the comments, the Coast impacts. The Coast Guard carefully clearance between Seneca Falls and the Guard learned more about how people reviewed each of the comments we edge of the zone. This also means use this busy stretch of the Potomac received on the July 2017 IFR and has waterway users launching from River. addressed those concerns in this second Violette’s Lock have almost 400 yards to One commenter requested to know interim final rule. But, to ensure that all travel before reaching the edge of the whether activating this zone would concerns of the public have been zone instead of entering the zone almost affect bikers and hikers on the C&O brought to our attention, the Coast immediately as they enter the Potomac Canal towpath, which follows along the Guard is providing for a 90-day public River. We moved the western edge of Maryland shoreline. This zone covers comment period with this second the zone approximately 500 yards east. navigable waters of the Potomac River, interim rule. The Coast Guard believes This means waterway users launching shoreline to shoreline; it does not this provides sufficient opportunity for from Algonkian Regional Park boat extend shoreward and will not affect public feedback without the need for ramp may travel three quarters of a mile bikers and hikers on the C&O towpath. public meetings. due east before reaching the western edge of the zone. These modifications, 2. Did the Coast Guard need to publish 4. Do the size or location of the zone together, should allow waterway users a notice of proposed rulemaking before need to be adjusted? to launch from three nearby launch sites publishing the July 2017 Interim Final A number of comments questioned (Algonkian Park, Riley’s Lock, and Rule? the size and location of the security Violette’s Lock), transit through the We received comments stating that zone. Many commenters stated that the security zone on the Maryland side to the Coast Guard did not have the security zone needlessly interfered with access Seneca Falls and the George authority to issue the July 2017 IFR the public’s access to the river. Washington Canal, and then return to without prior notice and comment. As Commenters suggested that the Coast their launch site. discussed in the July 2017 IFR, section Guard could reduce the size of the zone We received comments about the size 4(a) of the Administrative Procedure Act while still maintaining security. Local of this security zone as compared to (APA) (5 U.S.C. 553(b)) allows an paddling clubs, people associated with other zones in the area that provide agency to issue a rule without prior the camps, and recreational kayakers protective measures. Many commenters notice and opportunity to comment requested we find a way to share the said that this security zone was much

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larger and more restrictive than those establishment of the security zone Physical barriers. Some non-Coast other zones. The list of zones referenced allows enforcing agencies more time to Guard alternatives proposed by by commenters includes: Ronald Reagan respond to threats and take the lowest commenters included having the Trump Washington National Airport, White level of enforcement needed to protect National Golf Club establish visible House ‘‘campaign style rallies,’’ Camp USSS protectees. As previously barriers on shore to provide security or David, Dahlgren Naval Surface Warfare discussed in the ‘‘size and location’’ replant vegetation along the shoreline to Center, and naval vessels. Of these, the section above, in an abundance of provide a barrier. Another commenter Coast Guard is not the issuing authority caution, the Coast Guard is moving the suggested the Coast Guard put up for zones that implement security zone’s eastern edge 500 yards west to physical barriers to provide security. measures around Ronald Reagan provide ample room for waterway users The Coast Guard cannot require land Washington National Airport, the White to launch from Violette’s Lock and cross owners to alter their property as an House, Camp David, or Dahlgren Naval from the Maryland side to the Virginia alternative to creating and enforcing a Surface Warfare Center. The Coast side of the river. But, the Coast Guard security zone. Such alterations would Guard has issued temporary security does not believe that the original need to be at the landowner’s discretion. zones for high profile events adjacent to coordinates of the safety zone put the And, providing physical barriers is not waters of the United States, like the public at risk. Under the original IFR a method the Coast Guard uses to Democratic and Republican National people could transit the zone parallel to mitigate ports and waterways security Conventions. The Coast Guard designed the falls, provided they first received concerns. each of these zone’s size and restrictions permission from the COTP or the Land-based security. One commenter based on the unique factors each venue COTP’s representative and followed suggested having land-based security on presented. Regarding naval vessels, the transit instructions. the golf course, either private security or Coast Guard issues Naval Vessel federal law enforcement. The USSS in 6. Is a security zone needed? Protective Zones considering both Coast consultation with the Coast Guard has Guard and naval vessel capabilities. Many comments questioned whether determined that waterborne security is There are other Coast Guard-issued there was a need for the security zone required when USSS protectees are security zones on different portions of given that this segment of the river is present at Trump National Golf Club. the Potomac River, which vary in size, almost exclusively used by kayaks, Skipping holes. Other commenters duration, and restrictions based on the canoes, and paddleboards. Commenters suggested that USS protectees skip the unique factors each location and event stated the rocky, shallow bottom, debris, golf holes that are closest to the river’s presents (33 CFR 165.508). While all of and ever changing water conditions edge. The Coast Guard does not direct these comments bring up other locations would make it very difficult for movements of USSS protectees on the and circumstances where security can someone unfamiliar with the area to golf course. be an issue, they do not address the approach the golf course at a high rate Random searches. One commenter specific technical security needs for of speed without being overtaken or requested that instead of a security protecting USSS protectees on this neutralized. Several comments zone, the Coast Guard patrol and particular waterfront property. The suggested that the riverfront cliff in conduct random searches. Random Coast Guard did not make any changes front of the Trump National Golf Club searches would not provide an adequate to the zone’s size following its analysis could be easily protected with security level of security that is required for of other security zones near this personnel on the shoreline due to its these events. location. height. Others commented that there is Assistance from community members. One comment asked about why the a clear line of sight across the Potomac One comment requested that the Coast Coast Guard is setting up a shore-to- River, and that a Coast Guard security Guard develop a partnership with the shore security zone when, previously, zone does not add to the security of the local paddling community and request USSS was only keeping boaters away area since USSS protectees will be in assistance from paddlers in securing the from the shore. The temporary rules plain sight of the opposite bank with or waterway. Only the Coast Guard has issued prior to the July 2017 IFR without the security zone. authority to enforce a security zone. established shore-to-shore security The Coast Guard has authority to take Inspections. One comment asked if zones which allowed the public to action on the river and, in consultation the Coast Guard could conduct security request permission to transit from the with USSS, has deemed a security zone inspections at ‘‘popular launch sites’’ COTP’s representative. The July 2017 the most effective way to control access instead, and also provide a permit or IFR also provided the opportunity to to the shores of the Trump National Golf pass that allows that paddler to use that request permission to enter and transit Club. The Coast Guard recognizes that segment of the river. Such an inspection the zone in paragraph (c)(2). anyone can use any waterborne vessel, process does not currently exist, and if including paddle craft, to operate with implemented, would not account for 5. Does the security zone make the malicious intent against USSS paddlers already on this segment of the public less safe? protectees. Therefore, the agency has river. The COTP, in consultation with Some commenters believed the zone concluded the security zone is the USSS, has determined that a would decrease the public’s safety. necessary. To accommodate waterway security zone is the most effective While many of the comments were users, the Coast Guard is adding a means to mitigate security concerns at general in nature and did not provide transit lane that allows use of this the Trump National Golf Club. specifics, some stated that they felt segment of the river while the Coast 8. Has the Coast Guard considered only unsafe because of fear that the eastern Guard, along with the USSS, maintains applying the security zone to specific edge of the security zone forced appropriate levels of security. waterway users into Seneca Falls. One people or vessels? commenter suggested that the Coast 7. Has the Coast Guard considered There were numerous comments Guard provide a 300-foot wide corridor alternatives? requesting that the security zone not parallel to the falls. Several commenters requested that apply to human powered kayaks, The security zone does not negatively the Coast Guard consider alternatives to canoes, or paddleboards, and only to impact public safety. The Coast Guard’s rulemaking. motorized watercraft. Commenters

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argued that paddle craft are slow, easily river is a navigable waterway, the Coast area initially covered by the security tracked, and easily overtaken for Guard has authority stemming from 33 zone, and that there are other options security boardings. Other commenters U.S.C. 1221 to issue a security zone on for USSS protectees to play golf. requested that the security zone only these waters. The Coast Guard cannot change the apply to vessels above a certain speed, location and travel choices of USSS 10. For whom will the security zone be allowing kayaks and canoes to operate protectees. The USSS is tasked with activated? without restriction. A few proposals providing the highest level of security requested that permits be available to The July 2017 IFR said that the safety for certain individuals, and has provide ongoing exemptions to future zone was for the protection of ‘‘high requested the Coast Guard’s assistance security zones. These permits would ranking government officials.’’ Several in this location. The need for and level apply to local businesses and groups comments requested clarification about of security does not change based on the that are deemed not threatening and rely who is considered a ‘‘high ranking activities of protected individuals. heavily on this particular segment of the government official.’’ Commenters were Shortening the size of the security zone river. concerned about the frequency of and adding the transit lane along the These recommendations would enforcement if ‘‘high ranking Maryland shore provides an opportunity undermine the security measures this government officials’’ covered a very for the public to enjoy the river while rule intends to provide. An exemption large group of individuals. Some USSS protectees participate safely in for paddle craft would allow persons commenters wanted the security zone to their chosen activities. with harmful intent immediate access to be activated only for the President of the Many commenters stated that the Trump National Golf Club shoreline United States, while others thought the taxpayer money should not be used to while USSS protectees were present. zone should be able to be activated only obtain security services for a private Organizations exempted by permit for the Vice President of the United business or to engage in activities that could be exploited, similarly allowing States, Speaker of the House, and other would unfairly benefit a private entity. persons with harmful intent access to members of Congress in addition to the The security zone is not intended to the shoreline. Instead, the Coast Guard President. Many commenters were support a private business. It will only will continue maintaining a shoreline- concerned that President Trump’s be activated as needed to protect USSS to-shoreline security zone activated business partners or other non- protectees, not the Trump National Golf when USSS protectees are present and governmental persons would trigger the Club generally. will continue to allow vessels to use the security zone’s activation. 12. How long will the security zone be transit lane as conditions permit. This The Coast Guard will only activate the in effect? helps the Coast Guard manage security zone when requested by the waterborne security risk by maintaining USSS for the protection of those who Many commenters requested positive control of entry into the zone qualify for USSS protection. The list of clarification on how long the security and keeping a minimum stand-off personnel who qualify for USSS zone would be in effect, including distance from the Virginia shoreline for protection is found in 18 U.S.C 3056(a). whether the security zone would be all vessels. This list includes the President of the terminated after the current President’s United States, Vice President of the term. After reviewing any comments 9. Does the Coast Guard have authority United States, President-elect and Vice received on this second IFR, the Coast to create a security zone in Maryland President-elect, immediate families of Guard will issue a final rule addressing state waters? those individuals, former Presidents and any new comments that we receive Many comments questioned the Coast Vice Presidents, major United States during the comment period. The Guard’s authority to establish a security Presidential candidates, and visiting security zone will remain in place until zone in Maryland State waters. The heads of state or foreign governments. the Coast Guard conducts a future Coast Guard’s legal authority to The Coast Guard has amended the rulemaking to withdraw it. But, the establish security zone regulations regulatory text to clarify this for the security zone will only be enforced at comes from 33 U.S.C.1221. A discussion public. the request of USSS. of the geographic application of security zones is provided in regulation in 33 11. Can the Coast Guard close a public 13. How frequently and for how long CFR 165.9(c), and explains that security waterway for private recreational will the security zone be enforced when zones may be established in ‘‘waters activities? activated? subject to the jurisdiction of the United Many commenters argued that the Many commenters requested States,’’ defined in 33 CFR 2.38. This right of USSS protectees to use private clarification about how frequently the definition incorporates ‘‘navigable land for recreational activities does not zone would be activated and the length waters of the United States’’ as defined take precedence over the right of of enforcement. Several comments in 33 CFR 2.36, which are further taxpayers to use publicly owned land asked about whether the security zone described to include: (1) Territorial seas and waterways. Comments stated that a could ever be enforced for a multi-day of the United States; (2) internal waters golf game for USSS protectees would event. Additionally, other comments of the United States that are subject to limit a wide range of rehabilitative, asked if the security zone could be tidal influence; and (3) internal waters recreational, educational and activated only when recreational river not subject to tidal influence that: are or conservation activities for many citizens users were less likely to be present, such have been used, or are or have been and stakeholders. Other comments as from Monday through Friday. One susceptible for use, by themselves or in expressed frustration that the interests commenter requested that the security connection with other waters, as and activities of the public were not zone be activated no more than 3 times highways for substantial interstate or taken in to consideration when the each year. foreign commerce. This portion of the location and size of the security zone The Coast Guard will activate this Potomac River is a navigable waterway was established. Comments pointed out security zone in consultation with the of the United States and meets the that there are few areas on the Potomac USSS whenever deemed needed to definition described in 33 CFR River that offer such varied public protect USSS protectees. There is a 2.36(a)(3)(i). Because this portion of the access and usage opportunities as the possibility that the security zone could

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be enforced multiple days at a time. But, It was of great concern to many The Coast Guard agrees that First to date, the USSS has not requested commenters that they would not know Amendment considerations must be multi-day enforcement. when the security zone was activated, evaluated during the rulemaking particularly if the only means of process. The Coast Guard believes that 14. Who enforces the security zone? communication is by means of Marine this zone is narrowly tailored and Many comments indicated confusion Band Radio, VHF–FM. And, some minimizes intrusion into the rights of over how and by whom the security comments stated that paddlers do not protestors while providing necessary zone would be enforced. Some stated carry cellular telephones on the river. security measures for USSS protectees. that the MD–DNR has enforcement For river users who do not carry a As stated in the ‘‘Protest Activities’’ jurisdiction over the security zone and Marine Band Radio, a telephone, or section of the Regulatory Analysis would be able to make changes to the have other means of access to the portion of both the July 2017 IFR and size of the security zone. This is not internet while on the river, the COTP or this current action, the Coast Guard correct. While the CG may be assisted designated representative will be on respects the First Amendment rights of by Federal, State, and local law scene to provide notification. At the protestors. Protesters are asked to enforcement agencies in the patrol and time of enforcement, the Coast Guard contact the person listed in the FOR enforcement of the security zone, only will provide instructions to persons and FURTHER INFORMATION CONTACT section to the CG is authorized to establish or vessels in the security zone on how to coordinate protest activities so that your modify the size of the zone. MD–DNR is depart the zone. Vessels may request message can be received without a vital partner, present while the zone permission to remain in the zone from jeopardizing the safety or security of is being enforced. Currently, the Coast the COTP or designated representative. people, places, or vessels. Guard partners with MD–DNR, placing Commenters asked if the use of Coast Guard personnel on MD–DNR installed air horns, loud hailers, flags or 17. Does the security zone result in the vessels to provide on-scene enforcement special lights at the Trump National taking of private property? capabilities. Golf Club could be used to indicate We received some comments arguing that the security zone violates the Fifth 15. How will the public know when the when the security zone is activated. The Amendment. Specifically, comments zone is going to be enforced? designated representative of the COTP on scene will decide on the most argued that the Coast Guard was taking Many comments requested advance appropriate and feasible method of private property because the security notice of when the security zone is communication; however, the Coast zone overlaps part of Sharpshin Island, going to be enforced. Specific Guard cannot require land owners to which is owned by the Potomac suggestions included advance notice alter their private property. Commenters Conservancy. This would not amount to durations of two weeks, two days, and also asked about paddlers with hearing a regulatory taking because the Coast twenty-four hours. Several other impairments and those speaking Guard’s actions did not permanently comments requested a website, different languages. The Coast Guard diminish the value of the property, did application development, or text will use visual signals or other not physically invade the property and notification. Many comments requested alternative means of non-verbal did not permanently eliminate the signs be posted at popular launch sites, communication as needed for these economic value of the property. indicating in advance that the security paddlers. A designated representative of However, this second interim rule zone is activated. Some requested a the COTP on scene will ensure that all shortens the area of the security zone, so dedicated telephone line with a pre- vessels and people within the security that the island is not located within the recorded message. Some comments zone recognize that the security zone is security zone. asked if local paddling clubs could be activated, and that they must either notified when the security zone is 18. What are the economic impacts on immediately depart the security zone or local businesses and waterway uses? activated. transit through it in accordance with The Coast Guard can only provide directions from the COTP or designated Commenters raised concerns about minimal advance notice of activation. representative. It was also requested that possible economic impact of the Announcing the arrival of USSS temporary buoys be established to mark security zone on local businesses and protectees, even twenty-four hours in a transit lane. The Coast Guard does not waterway users. Commenters stated that advance, would put their security at intend to use buoys, however, the the many different waterway users risk. The USSS will request enforcement COTP’s designated representative on contribute significantly to the local of the security zone when required. The scene will inform waterway users how economy—local retailers, restaurants Coast Guard will provide the public to proceed while within the security and river related businesses depend on with notice of enforcement of the zone. these patrons. Comments also stated security zone by Broadcast Notice to that the Coast Guard is privileging a Mariners (BNM), updated information at 16. Does this security zone impact First private business, the Trump National www.news.uscg.mil/Baltimore/ and by a Amendment rights? Golf Club, by allowing for their financial recorded message at telephone number Some commenters argued that the gain while closing the river to many (410) 576–2675. Local businesses, security zone impacts First Amendment smaller businesses and organizations recreational boaters, and recreational rights, specifically freedom to assemble that could also make a profit off tourists associations should check the website and freedom of speech. Many and the public. There was significant and phone message prior to making commenters felt that the security zone concern in many comments that without plans that may be impacted by was not promulgated to keep USSS advanced notice of the security zone, enforcement of the security zone, but protectees secure, but to keep protestors paddlers and other vessel operators should keep in mind that enforcement away from the Trump National Golf would undergo a financial burden after could begin at any time at the request Club. The commenters stated that the traveling to their planned destination of USSS. The Coast Guard does not Potomac River was a public forum and only to find that the river is closed. intend to use shore-based signage as a that kayakers had a right to peaceably Changing plans last minute would cost means to notify the public of security assemble there and petition the time, fuel, and possibly other zone enforcement. Government. incidentals while groups or individuals

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assess and analyze options and then paddlers coming to this segment of the on the Potomac River. According to travel to other kayaking locations. Potomac River. their website, river trips leave camp Commenters stated several times that daily and access the Potomac from the 19. What are the impacts to small there are no other local kayaking spots Maryland side. Valley Mill’s paddling entities? that offer such diverse opportunities for programs will be able to use the security many different levels of paddlers. Many small entities have already been zone’s transit lane pending permission Whitewater race coordinators were also mentioned, but this section addresses from the COTP’s representative. concerned that there would be a more specific concerns relating to the Another small entity that commented significant economic impact if a security zone’s impact on them. The about the security zone’s impact was planned event has to be cancelled or Director of Camp Calleva gave detailed Swift water Rescue Instructors. They rescheduled because of activation of the comments addressing the camp’s status state that volunteer instructors access security zone. Comments stated that as a 501(c)(3) educational non-profit the Potomac through either Riley’s or lack of advance notice precludes river- organization that provide summer camp, Violette’s Locks, and cross the Potomac related businesses from making field trips, and other programming for just upriver from the Seneca Breaks alternative arrangements for sailing youth and adults in the area. The with their students to access the old classes, kayak lessons, planned group director stated that if the camp could Patowmack Canal, where there is a outings, or major events. not obtain access to the river at Riley’s historic set of rapids ideal for training The Coast Guard views this current Lock, there would be a daily economic all levels of paddlers in rescue methods. security zone rulemaking as distinct impact of $14,000 Monday-Friday for The transit lane and shortened security from other existing or potential each cancelled day of children’s camps zone will allow Swift water Rescue protective security regulations at other and $2,800 on Sunday for other classes Operations to continue, even when the locations. The shortening of the security offered. It was also stated that there are security zone is activated, pending zone and the addition of the transit lane many difficulties associated with permission from the COTP’s is intended to allow for many of the moving the camp’s operations, because representative. above mentioned river related activities of the amount of equipment and Another small entity, sailing to continue even when the security zone watercraft. Also, retraining the instructors, stated that they conduct is activated. In other words it was employees for different activities or lessons on this segment of the river and designed to minimize to the extent areas, as well as learning new outdoor that closing the river entirely would put possible, the impact on commerce and skills in order to change programming, them out of business. Using the transit legitimate waterway use. The security would be difficult and cost time and lane will allow for sailing lessons to zone does not negatively impact public money. One comment noted that most continue across from Trump National safety. More importantly the Coast day camps are only 5 days long, so if a Golf Club with permission from the Guard’s establishment of the security child misses one day on the water COTP’s designated representative when zone allows enforcing agencies more during a paddling camp, they will be the security zone is activated. time to respond to threats and take the missing 20% of what they paid for and Finally, the Program Manager at lowest level of enforcement needed to camp staff would have to fill these days Riverbend Park, a Fairfax County Park protect USSS protectees. Ultimately the with alternate activities. Using the new Authority Park in Great Falls, VA, Coast Guard deems the benefits and transit lane, camp operations may commented that they use Algonkian need for this security zone to provide continue within 250 yards of the Regional Park, on the Virginia side protection the pertinent protectees to Maryland shore when the security zone upstream from Trump National Golf exceed the indirect impacts on the is activated, pending permission from Club, as a launch site for an 8-mile entities the commenters noted. the COTP’s designated representative. paddling trip back to Riverbend Park. One comment also specified that use Comments mentioned transportation to The shortened security zone and transit of the Trump National Golf Club Calleva Camp at Riley’s Lock location lane on the Maryland side of the river Bedminster in Bedminster, New Jersey, from the Virginia side includes a canoe would allow paddlers that enter at has damaged the local economy, trip from the Trump National Golf Club Algonkian Regional Park to cross the because in that situation, hot air for some attendees and that if the Potomac from the Virginia side when balloons and small airports have to security zone goes into effect, children the security zone is activated and access cancel reservations when the President using this mode of transportation would the transit lane on the Maryland side of and other high level government have to find another route to camp. This the river, pending permission from the officials use the golf course. The Coast is true. Persons intending to travel to COTP’s representative. Then paddlers Guard views this current security zone Camp Calleva from a canoe that departs could cross back to the Virginia side rulemaking as distinct from other from Trump National Golf Club will near Seneca Breaks to continue the trip existing or potential protective security have to commute to camp through back to Riverbend Park. regulations at other locations or by other another means when the security zone In conclusion, the Coast Guard has agencies; economic impacts are is activated. At the time of this reduced the length of the security zone considered on a case-by-case basis. publication, the Calleva Camp website on the Potomac River, and added in a Another comment stated that the states that they provide bus transit lane in order to accommodate the security zone would limit access to transportation to camp at Riley’s Lock above small entities and their operations Camp Calleva’s private property. The from 17 locations, including one in that depend heavily on access to the shortening of the security zone and the McLean, VA, which is roughly 25 Potomac River. addition of the transit lane is intended minutes from Trump National Golf to allow for many of the above Club. 20. Was there an error in the original mentioned river related activities to Another small entity that would be coordinates? continue even when the security zone is effected by the security zone is Valley Some comments pointed out that the activated. These modifications are Mill Camp that operates on a lake and original coordinates submitted for the intended to reduce the economic impact 60 acres of forested land in corners of the security zone were that the security zone will have on river- Germantown, MD. Valley Mill also incorrect. The Coast Guard agrees that based businesses, local residents, and offers canoeing and kayaking programs the latitude was erroneously entered as

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degrees West, instead of degrees North. shoreline, within an area bounded on V. Regulatory Analyses This second interim rule makes that the east by a line connecting the Coast Guard developed this interim ° ′ ″ correction. following points: latitude 39 04 02 W, final rule after considering numerous ° ′ ″ longitude 077 19 48 W, thence south to statutes and Executive Orders (E.O.s) 21. Does the Coast Guard have to ° ′ ″ latitude 39 03 39 W, longitude related to rulemaking. Below Coast display firearms? ° ′ ″ 077 20 02 W, and bounded on the west Guard summarizes its analyses based on One commenter recommended against ° ′ ″ by longitude 077 22 06 W, located a number of these statutes and E.O.s. law enforcement agencies displaying between Pond Island and Sharpshin firearms as to not alarm the many Island, in Montgomery County, MD. A. Regulatory Planning and Review children that operate in this part of the This second interim rule amends the Executive Orders 12866 (Regulatory river. The Coast Guard appreciates this security zone at 33 CFR 165.557 to Planning and Review) and 13563 comment’s concern and will operate as include all navigable waters of the (Improving Regulation and Regulatory agency policy and security needs Potomac River, from shoreline to Review) direct agencies to assess the dictate. shoreline, within an area bounded on costs and benefits of available regulatory 22. What if signs were placed in the the west by a line connecting the alternatives and, if regulation is river? following points: latitude 39°03′44.7″ N, necessary, to select regulatory ° ′ ″ One commenter stated that if longitude 077 21 47 W, thence north to approaches that maximize net benefits ° ′ ″ structures would be erected on the latitude 39 04 03 N, longitude (including potential economic, ° ′ ″ Potomac River pursuant to demarking or 077 21 47 W, and bounded on the east environmental, public health and safety providing other information about the by a line connecting the following effects, distributive impacts, and security zone, then U.S. Army Corps of points: latitude 39°04′04″ N, longitude equity). Executive Order 13563 Engineers should be consulted to 077°19′58″ W, thence south to latitude emphasizes the importance of conduct Section 10 Clean Water Act 39°03′41.35″ N, longitude 077°20′05.30″ quantifying both costs and benefits, of review. Currently, there is no intention W. Although the length of the security reducing costs, of harmonizing rules, of installing fixed structures. If such zone is decreased at both the eastern and of promoting flexibility. Executive structures are deemed necessary in the and western ends, creating a waterside Order 13771 (Reducing Regulation and future, the Coast Guard would follow its area for recreational egress and access, Controlling Regulatory Costs) directs processes for establishing aids to the width of the security zone is agencies to reduce regulation and navigation. unchanged, remaining from shoreline to control regulatory costs and provides shoreline. This rule provides additional that ‘‘for every one new regulation 23. Is the Coast Guard complying with information about an area within the issued, at least two prior regulations be Executive Order 13771? security zone along the Maryland identified for elimination, and that the One commenter asked which two shoreline, designated the ‘‘Transit lane,’’ cost of planned regulations be prudently regulations were being removed to add including a definition and the managed and controlled through a this one. Per Executive Order 13771 of restrictions that apply within the lane to budgeting process.’’ January 30, 2017, ‘‘Reducing Regulation waterway users. However, permission The Office of Management and Budget and Controlling Regulatory Costs’’ for waterways users to operate within (OMB) has not designated this rule a agencies should identify two regulations this lane will be determined by the significant regulatory action under to be eliminated for every new one COTP, or designated representative. The section 3(f) of Executive Order 12866. issued. Executive Order 13771 public can learn the status of the Accordingly, OMB has not reviewed it. (Reducing Regulation and Controlling security zone via an information release Because this rule is not a significant Regulatory Costs) directs agencies to for the public via website regulatory action, this rule is exempt reduce regulation and control regulatory www.news.uscg.mil/Baltimore/ and a from the requirements of Executive costs and provides that ‘‘for every one recorded message at telephone number Order 13771. This rule is considered to be an Executive Order 13771 non- new regulation issued, at least two prior (410) 576–2675 regulations be identified for elimination, significant regulatory action. See OMB’s and that the cost of planned regulations Entry into the security zone is Memorandum titled ‘‘Guidance be prudently managed and controlled prohibited, unless public use of the Implementing Executive Order 13771, through a budgeting process.’’ The transit lane is specifically authorized by titled ‘Reducing Regulation and Office of Management and Budget the COTP Maryland-National Capital Controlling Regulatory Costs’ ’’ (April 5, (OMB) has not designated this rule a Region or a designated representative. 2017). A regulatory evaluation follows. significant regulatory action under Except for public vessels, this rule will A combined regulatory evaluation and section 3(f) of Executive Order 12866. require all vessels in the designated Regulatory Flexibility Analysis follows Accordingly, OMB has not reviewed it. security zone to immediately depart the and provides an evaluation of the Because this rule is not a significant security zone. Federal, State, and local economic impacts associated with this regulatory action, this rule is exempt agencies may assist the Coast Guard in rule. In this interim final rule, USCG from the requirements of Executive the enforcement of this rule. The revised the security zone to include a Order 13771. See the OMB duration of the zone is intended to dedicated transit lane. The public can Memorandum titled ‘‘Guidance ensure the security of USSS protectees move through the area using the Implementing Executive Order 13771, while at Trump National Golf Club. The dedicated transit lane during the titled ‘Reducing Regulation and COTP Maryland-National Capital enforcement of the security zone, with Controlling Regulatory Costs’ ’’ (April 5, Region will notify waterway users and permission from the COTP or COTP’s 2017). the boating community of the security designated representative as proscribed zone, via Broadcast Notice to Mariners by the interim final rule. This interim IV. Discussion of the Rule (BNM), an information release at the final rule also includes changes to the In the first interim rule, the security website: www.news.uscg.mil/Baltimore/ geographic boundaries of the security zone included all navigable waters of and a recorded message at telephone zone from the boundaries in the interim the Potomac River, from shoreline to number (410) 576–2675. final rule of July 10, 2017. The following

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table provides a summary of the rule’s costs and qualitative benefits.

TABLE 1—SUMMARY OF THE RULE’S IMPACTS

Category Summary

Potentially Affected Population ...... Operators and attendees of summer camps; operators of kayak and watercraft instruction schools; rec- reational boaters including canoeists, kayakers and, stand up paddle boarders (SUPs); fishermen; water- fowl hunters; 1 nonprofit organizations; exercisers, as well as federal agencies such as Coast Guard and the Secret Service. The rule also may indirectly impact some federal agencies. State 2 and local law en- forcement and recreational/park authorities in the area may have interests. Costs/Cost Savings ...... * Does not impose additional direct costs on the public or to the USCG. * Reduces impacts or creates leisure time savings on entities impacted by the 2017 IFR. Unquantified Benefits ...... * Reinforces an established Presidential Security Zone. * Helps secure area to meet objectives of the USSS.

Affected Population such as swimmers or inner tube users. interim final rule does not impose Data is not collected by USCG on the Likewise, the technology was not additional direct costs on the public or vessels and individuals that use this precise enough to do a count of a vessel to the USCG. A description of the area of the Potomac River. Based on as small as a kayak or SUP. The purpose of the rule’s provisions follows. comments to the Coast Guard’s original comments suggested these counts Section 165.557(a) establishes the interim final rule (dated July 10, 2017), ranged from ‘‘a dozen’’ to ‘‘thousands.’’ definitions to be used to understand the The most often cited of these estimates USCG estimates that this rule affects provisions of the regulations. These was ‘‘hundreds.’’ recreational boaters including kayakers, definitions do not add direct cost to the personal water crafts (PWCs) operators,3 USCG also sought an estimate from its personnel who manage the public or Government. The definition of stand up paddle boarders (SUPs); vessel establishes the applicability of persons using the area for exercise enforcements of the security zone. Data are not collected normally by USCG on these regulations on a multitude of activities; fishermen; commercial vessel watercraft including but not limited to operators; and political protesters. This the number of vessels and individuals that use this area. But, USCG onsite kayaks, stand up paddleboards and interim final rule impacts the Coast inner tubes. Therefore, users of these Guard and the U.S. Secret Service personnel estimate of up to six recreational vessels and up to 25 types of vessels would be applicable to (USSS) directly; other Federal the provisions of the interim final rule. governmental agencies may be impacted kayakers transiting during the indirectly by this rulemaking. No enforcement of the security zone. Section 165.557(b) describes where governmental jurisdictions at the State, Costs the security zone is located. The location of the security zone does not Tribal or municipal level will be This interim final rule modifies the impacted directly by this interim final cause costs to be incurred by the public existing security zone established by the nor the Government. In § 165.557(b), rule IFR, ‘‘Security Zone; Potomac River, Exact numbers are not available, but this interim final rule establishes where Montgomery County, MD’’ on July 10, the Coast Guard estimates the total size the Potomac River security zone is and, 2017 (82 FR 31719). The security zone of the population affected by this thereby, declares that area to be a covers waters of the Potomac River next interim final rule to be in the hundreds. security zone which is defined by the to Trump National Golf Club at Potomac USCG attempted to collect further data regulations. Actions that are Falls, VA, and prevents waterside by using USGS’s 4 satellite technology. threats and incidents while persons necessitated when a security zone is The technology was not accurate protected by the Secret Service are at declared are specified in existing enough to do a count of individuals the club. The modification due to this regulations. Under 33 CFR 165.7(a), interim final rule reduces the overall when the establishment of these limited 1 Based on public comments, USCG has access areas occurs, notification may be developed this list of parties in the potentially length of the existing security zone and affected population; these may be groups that are formalizes a 250-yard-wide transit lane made by marine broadcasts, local notice affected either directly or indirectly. Please see that provides passage for vessels to mariners, local news media, comments including USCG–2017–0448–0036, through the zone near the Maryland distribution in leaflet form, and on- USCG–2017–0448–0026, USCG–2017–0448–0163, scene oral notice, as well as publication USCG–2017–0448–0453, USCG–2017–0448–0481, shoreline with permission of the COTP USCG–2017–0448–0330, USCG–2017–0448–0332, or designated representative. It in the Federal Register. These USCG–2017–0448–0385, USCG–2017–0448–0335, continues to prohibit vessels and people requirements are akin to but in addition USCG–2017–0448–0479 USCG–2017–0448–0537, from entering the security zone unless to the authorization requirements USCG–2017–0448–0541, USCG–2017–0448–0579 specified in this interim final rule; and USCG–2017–0448–0079. specifically exempt under the 2 The Potomac River falls in the State of provisions in this rule or granted under § 165.557(c)(1), entry into or Maryland. Maryland law enforcement personnel specific permission from the COTP remaining in the security zone is and vessels (http://dnr.maryland.gov/nrp/Pages/ Maryland-National Capital Region or prohibited unless authorized by the default.aspx) of the Maryland Natural Resources COTP or a designated representative in Police (MNRP) have participated in past security designated representative. This interim zone enforcements. A CG officer will deploy on a final rule also governs activities of consultation with the USSS when the MNRP boat during an enforcement. vessels and persons already in the security zone is being enforced. Section 3 Predominately this includes jet ski users. security zone when activated. The 165.557(d) requires that the COTP 4 U.S. Geological Survey maintains a repository of modification of this rule will not require provide notice of enforcement of archived and live satellite imagery. USCG had security zone by Broadcast Notice to contact with U.S. Geological Survey’s Science any entity to take action beyond what Information Services via email in June 2018 on this was already required under the 2017 Mariners (BNM), information release at issue. interim final rule. As a result, this the website and pre-recorded message at

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telephone number as well as on-scene Trump National Golf Club shoreline preferred alternative (e.g., this interim notice. while USSS protectees were present. final rule). The alternative would Although this interim final rule does Instead, the Coast Guard chose to continue the status quo from the 2017 result in actions being taken by the continue to allow vessels to use the interim final rule. It also would also Coast Guard and USSS directly it does transit lane as conditions permit with have higher costs for the public as the not result in any new costs or burdens. approval from the COTP or designated opportunity costs of lost leisure time The impact that this interim final rule representative. This helps the Coast would magnify. This alternative does will have on these two federal agencies Guard manage waterborne security risk not provide any increased security over is considered part of their mission and by maintaining positive control of entry the preferred alternative of this interim responsibility, and thus part of their into the zone and keeping a minimum final rule. For these reasons, USCG has current responsibilities to the public stand-off distance from the Virginia chosen not to continue the status quo and other Federal entities. shoreline for all vessels. and continue with this alternative. Alternative 2: Issue a rulemaking that Benefits would not require human-powered B. Impact on Small Entities Upon request by the USSS to close vessels to get permission from the Coast Under the Regulatory Flexibility Act, down this section of the river to ensure Guard prior to entering the transit lane, 5 U.S.C. 601–612, we considered the safety of individuals under USSS with or without changes to the zone’s whether this interim final rule will have protection, USCG created a security boundaries described in the July 10, a significant economic impact on a zone in certain waters of the Potomac 2017, interim final rule. substantial number of small entities. River adjacent to Trump National Golf The Coast Guard considered The term ‘‘small entities’’ comprises Course Club at Potomac Falls, Virginia. amending the security zone to require small businesses, not-for-profit This security zone is necessary to only powered vessels to get permission organizations that are independently prevent waterside threats and incidents from the COTP or the designated owned and operated and are not for events held at Trump National Golf representative prior to entering the dominant in their fields, and Clubhouse when persons protected by transit lane. Under this option human- governmental jurisdictions with the USSS are at the club. powered vessels such as kayaks, canoes, populations of fewer than 50,000 Regulatory Alternatives Considered and paddleboards would not need people. permission from the COTP or As described in the ‘‘Regulatory Within the agency’s consideration, designated representative before Planning and Review’’ section, the Coast alternatives to the regulatory action entering the transit lane. We rejected Guard expects this interim final rule to were considered to determine if any this option because this approach would result no direct costs to any entities, alternative could accomplish the stated undermine the security measures this including small entities. It does note objectives of applicable statutes and rule intends to provide. An exemption that there are potential indirect costs could minimize any significant for paddle craft would allow persons from the July 2017 interim final rule, for economic impact on small entities. In with harmful intent immediate access to some entities. The affected population developing this rule, the Coast Guard the Trump National Golf Club shoreline for the indirect costs consists of private considered the following alternatives: while USSS protectees were present. individuals who own recreational (1) Issue a rulemaking that would not Instead, the Coast Guard will continue vessels or who engage in recreational require any vessel to get permission maintaining a shoreline-to-shoreline activities in this area of the Potomac from the Coast Guard prior to entering security zone activated when USSS River, commercial entities and the transit lane, with or without changes protectees are present and will continue nonprofits which have activities or to the zone’s boundaries described in to allow vessels to use the transit lane operate vessels in this area of the the July 10, 2017, interim final rule. as conditions permit. This helps the Potomac and governmental entities. The (2) Issue a rulemaking that would not Coast Guard manage waterborne indirect costs are opportunity costs for require human-powered vessels to get security risk by maintaining positive loss leisure time to access to the permission from the Coast Guard prior control of entry into the zone and restricted area of the Potomac River. to entering the transit lane, with or keeping a minimum stand-off distance Since indirect are not considered when without changes to the zone’s from the Virginia shoreline for all determining the impacts on small boundaries described in the July 10, vessels. entities for regulatory flexibility 2017, interim final rule. Alternative 3: Keep boundaries as (3) Keep boundaries as noted in the assessment purposes, this rulemaking noted in the July 10, 2017, interim final will have no significant economic July 10, 2017, interim final rule. rule. Alternative 1: Issue a rulemaking that impact on any small entities. In For this alternative USCG considered actuality this interim final rule reduces would not require any vessel to get releasing a rule which would use the permission from the Coast Guard prior the impact on entities from the 2017 boundaries as promulgated in the interim final rule because it reduces the to entering the transit lane, with or interim final rule of July 10, 2017. The without changes to the zone’s overall length of the existing security boundaries of the previous interim final zone and creates a 250-yard-wide transit boundaries described in the July 10, rule are wider than the boundaries of 2017, interim final rule. lane that provides passage for vessels this interim final rule. This alternative through the zone near the Maryland The Coast Guard considered issuing a would exclude a provision which was rulemaking that did not require any shoreline with permission of the favored by the public 5 and is part of the vessel to get permission from the COTP Captain of the Port (COTP) or designated representative. or the designated representative prior to 5 Commenters (USCG–2017–0448–0059, USCG– entering the transit lane. But, we This interim final rule also indirectly 2017–0448–0038, USCG–2017–0448–0008, USCG– 6 rejected this option because this 2017–0448–0067, USCG–2017–0448–0050, USCG– may impact four governmental units in approach would undermine the security 2017–0448–0144, USCG–2017–0448–0099, USCG– 2017–0448–0104, USCG–2017–0448–0172, USCG– 6 Great Falls National Historic Park and the measures this rule intends to provide. 2017–0448–0183) supported a transit lane; albeit it Chesapeake & Ohio Canal National Historic Park of This option would allow persons with may have not been referred to as such in their the U.S. National Park Service of the U.S. harmful intent immediate access to the comments. Department of the Interior; Riverbend Park, Seneca

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two governmental jurisdictions; none F. Environment www.regulations.gov and will include are considered by RFA definitions to be We have analyzed this rule under any personal information you have small governmental jurisdictions. Thus, Department of Homeland Security provided. For more about privacy and the compliance with this interim final Management Directive 023–01 and the docket, you may review a Privacy rule does not represent a significant Commandant Instruction M16475.lD, Act notice regarding the Federal Docket economic impact on small entities. which guide the Coast Guard in Management System in the March 24, Therefore, the Coast Guard certifies complying with the National 2005, issue of the Federal Register (70 under 5 U.S.C. 605(b) that this interim Environmental Policy Act of 1969 (42 FR 15086). Documents mentioned in this rule as final rule will not have a significant U.S.C. 4321–4370f), and have made a being available in the docket, and all economic impact on a substantial determination that this action is one of public comments, will be in our online number of small entities. a category of actions that do not docket at http://www.regulations.gov individually or cumulatively have a C. Collection of Information and can be viewed by following that significant effect on the human website’s instructions. Additionally, if This rule would not call for a new environment. This rule involves the you go to the online docket and sign up collection of information under the reduction in size of a security zone that for email alerts, you will be notified Paperwork Reduction Act of 1995 (44 prohibits entry on specified waters of when comments are posted or a final U.S.C. 3501–3520). the Potomac River during frequently rule is published. D. Federalism and Indian Tribal occurring heightened security events. It Governments is categorically excluded from further List of Subjects in 33 CFR Part 165 review under paragraph L60(b) of Harbors, Marine safety, Navigation A rule has implications for federalism Appendix A, Table 1 of DHS Instruction (water), Reporting and recordkeeping under Executive Order 13132, Manual 023–01–001–01, Rev. 01. A requirements, Security measures, Federalism, if it has a substantial direct Memorandum for Record for Waterways. effect on the States, on the relationship Categorically Excluded Actions For the reasons discussed in the between the national government and supporting this determination is preamble, the Coast Guard amends 33 the States, or on the distribution of available in the docket where indicated CFR part 165 as follows: power and responsibilities among the under ADDRESSES. various levels of government. We have G. Protest Activities PART 165—REGULATED NAVIGATION analyzed this rule under that Order and AREAS AND LIMITED ACCESS AREAS have determined that it is consistent The Coast Guard respects the First with the fundamental federalism Amendment rights of protesters. ■ 1. The authority citation for part 165 principles and preemption requirements Protesters are asked to contact the continues to read as follows: person listed in the FOR FURTHER described in Executive Order 13132. Authority: 46 U.S.C. 70034; 46 U.S.C. Also, this rule does not have tribal INFORMATION CONTACT section to 70051; 33 CFR 1.05–1, 6.04–1, 6.04–6, and implications under Executive Order coordinate protest activities so that your 160.5; Department of Homeland Security 13175, Consultation and Coordination message can be received without Delegation No. 0170.1. jeopardizing the safety or security of with Indian Tribal Governments, ■ 2. Revise § 165.557 to read as follows: because it would not have a substantial people, places, or vessels. direct effect on one or more Indian VI. Public Participation and Request for § 165.557 Security Zone; Potomac River, Montgomery County, MD. tribes, on the relationship between the Comments Federal Government and Indian tribes, (a) Definitions. As used in this or on the distribution of power and Although this interim rule is effective section: responsibilities between the Federal upon publication, we are seeking further Captain of the Port (COTP) means the Government and Indian tribes. If you public comment on it. We view public Commander, U.S. Coast Guard Sector believe this rule has implications for participation as essential to effective Maryland-National Capital Region or federalism or Indian tribes, please rulemaking, and will consider all any Coast Guard commissioned, warrant contact the person listed in the FOR comments and material received during or petty officer who has been authorized FURTHER INFORMATION CONTACT section. the comment period. Your comment can by the Captain of the Port to act on his help shape the outcome of this or her behalf. E. Unfunded Mandates Reform Act rulemaking. If you submit a comment, Designated representative means a please include the docket number The Unfunded Mandates Reform Act Coast Guard commissioned, warrant, or USCG–2017–0448 for this rulemaking, of 1995 (2 U.S.C. 1531–1538) requires petty officer who has been authorized indicate the specific section of this Federal agencies to assess the effects of by the Captain of the Port to enforce the document to which each comment their discretionary regulatory actions. In security zone described in paragraph applies, and provide a reason for each particular, the Act addresses actions (b)(1) of this section. suggestion or recommendation. that may result in the expenditure by a Public vessel has the same meaning as We encourage you to submit State, local, or tribal government, in the that term is defined under 46 U.S.C. comments through the Federal aggregate, or by the private sector of 2101. eRulemaking Portal at http:// $100,000,000 (adjusted for inflation) or (b) Location. Coordinates used in this www.regulations.gov. If your material more in any one year. Though this rule section are based on datum NAD 83. cannot be submitted using http:// (1) Security zone. The following area would not result in such an www.regulations.gov, contact the person is a security zone: all navigable waters expenditure, we do discuss the effects of in the FOR FURTHER INFORMATION of the Potomac River, from shoreline to this rule elsewhere in this preamble. CONTACT section of this document for shoreline, within an area bounded on alternate instructions. the west by a line connecting the Regional Park and Algonkian Golf Course of the We accept anonymous comments. All following points: latitude 39°03′44.7″ N, Fairfax County Virginia Park Authority. The State ° ′ ″ legislators for District 20 of Maryland expressed comments received will be posted longitude 077 21 47 W, thence north to comments about the 2017 interim final rule. without change to http:// latitude 39°04′03″ N, longitude

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077°21′47″ W, and bounded on the east designated representative to enter the SUMMARY: The Coast Guard is by a line connecting the following security zone all persons and vessels establishing a temporary safety zone on points: latitude 39°04′04″ N, longitude must comply with the instructions of the navigable waters of the Delaware 077°19′58″ W, thence south to latitude the COTP or designated representative River to restrict and protect vessel traffic 39°03′41.35″ N, longitude 077°20′05.30″ and proceed at the minimum speed during the offloading of two Post- W. necessary to maintain a safe course Panamax gantry cranes at the Port of (2) Transit lane. All waters within the while within the security zone. Philadelphia. This action is intended to Potomac River, contiguous with the (3) The transit lane, described in protect mariners and vessels from the Maryland shoreline and extending out paragraph (b)(2) of this section, is the hazards associated with these offloading into the Potomac River approximately only part of the security zone through activities. Entry of vessels or persons 250 yards, within an area bounded by a which persons and vessels may travel. into this zone is prohibited unless a line connecting the following points: Before entering the transit lane, persons vessel meets the stated requirements or beginning at the Maryland shoreline at or vessels must have authorization as is specifically authorized by the Captain latitude 39°04′03″ N, longitude described in paragraph (c)(2) of this of the Port Delaware Bay. This rule 077°21′47″ W, thence south to latitude section. All persons and vessels shall compliments a safety zone found in 39°03′55.3″ N, longitude 077°21′47″ W, operate at bare steerage or no-wake docket number USCG–2019–0109 ° ′ ″ thence east to latitude 39 03 56.8 N, speed while transiting through the lane, addressing navigation risks while the ° ′ ″ longitude 077 20 00.3 W, thence north and must not loiter, stop, or anchor, vessel carrying the cranes is underway to the Maryland shoreline at latitude unless authorized or otherwise in Delaware Bay and River. 39°04′04″ N, longitude 077°19′58″ W, instructed by the COTP or a designated DATES: This rule is effective without thence back along the shoreline to the representative. actual notice from March 21, 2019 originating point. (4) The U.S. Coast Guard may secure (c) Regulations. The general security the entire security zone, including through April 30, 2019. This rule may zone regulations found in § 165.33 transit lane, if deemed necessary to be cancelled earlier if the project is apply to the security zone created by address security threats or concerns. completed before the stated end date. this section. (5) The U.S. Coast Guard may be For the purposes of enforcement, actual (1) Except for public vessels, entry assisted by Federal, State, and local law notice will be used from March 15, into or remaining in the security zone enforcement agencies in the patrol and 2019, through March 21, 2019. described in paragraph (b)(1) of this enforcement of the security zone ADDRESSES: To view documents section is prohibited unless authorized described in paragraph (b)(1) of this mentioned in this preamble as being by the COTP or designated section. available in the docket, go to https:// representative when the aforementioned (d) Enforcement. The Coast Guard www.regulations.gov, type USCG–2019– security zone is being enforced. At the activates the security zone when 0122 in the ‘‘SEARCH’’ box and click start of each enforcement, all persons requested by the U.S. Secret Service for ‘‘SEARCH.’’ Click on Open Docket and vessels within the security zone the protection of individuals who Folder on the line associated with this must depart the zone immediately or qualify for protection under 18 U.S.C rule. obtain authorization from the COTP or 3056(a). The COTP will provide the FOR FURTHER INFORMATION CONTACT: If designated representative to remain public with notice of enforcement of you have questions about this within the zone. All vessels authorized security zone by Broadcast Notice to rulemaking, call or email Petty Officer to remain in the zone shall proceed as Mariners (BNM), information release at Thomas Welker, U.S. Coast Guard directed by the COTP or designated the website: www.news.uscg.mil/ Sector Delaware Bay, Waterways representative. Baltimore/ and via a recorded message Management Branch; telephone (215) (2) Persons and vessel operators who at telephone number (410) 576–2675 as 271–4814, email Thomas.J.Welker@ intend to enter or transit the security well as on-scene notice by designated uscg.mil. zone while the zone is being enforced representative or other appropriate must obtain authorization from the means in accordance with § 165.7. SUPPLEMENTARY INFORMATION: COTP or designated representative. Dated: March 18, 2019. I. Table of Abbreviations Access to the zone will be determined Joseph B. Loring, by the COTP or designated CFR Code of Federal Regulations Captain, U.S. Coast Guard, Captain of the representative on a case-by-case basis COTP Captain of the Port Port Maryland-National Capital Region. DHS Department of Homeland Security when the zone is enforced. Persons and FR Federal Register vessel operators requesting permission [FR Doc. 2019–05407 Filed 3–20–19; 8:45 am] BILLING CODE 9110–04–P NPRM Notice of proposed rulemaking to enter or transit the security zone may § Section contact the COTP or designated U.S.C. United States Code representative at telephone number DEPARTMENT OF HOMELAND II. Background Information and 410–576–2675, on marine band radio SECURITY VHF–FM channel 16 (156.8 MHz), or by Regulatory History visually or verbally hailing the on-scene Coast Guard The M/V ZHEN HUA 25 is law enforcement vessel enforcing the transporting three post-Panamax gantry zone. On-scene Coast Guard personnel 33 CFR Part 165 cranes to ports within the United States. enforcing this section can be contacted These large cranes extend beyond the on marine band radio, VHF–FM channel [Docket Number USCG–2019–0122] width of M/V ZHEN HUA 25 on both 16 (156.8 MHz). The operator of a vessel RIN 1625–AA00 sides of the vessel and create a shall proceed as directed upon being navigational hazard to vessels operating hailed by a U.S. Coast Guard vessel, or Safety Zone; Delaware River, within a certain proximity. The cranes other Federal, State, or local law Philadelphia, PA are fastened in manner to facilitate enforcement agency vessel, by siren, AGENCY: Coast Guard, DHS. passage through open ocean. Upon radio, flashing light, or other means. arrival with the Delaware River, M/V ACTION: Temporary final rule. When authorized by the COTP or ZHEN HUA 25 will transit to anchorage

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and begin an approximately four day IV. Discussion of the Rule Executive orders, and we discuss First process of removing the sea fastenings. Amendment rights of protestors. This rule establishes a temporary The M/V ZHEN HUA 25 will then A. Regulatory Planning and Review proceed, conditions permitting, to berth safety zone on the Delaware River at the Port of Philadelphia Greenwich bounded to the south by a line drawn Executive Orders 12866 and 13563 from the southeast corner of Pier 124S direct agencies to assess the costs and Terminal. The vessel will deliver two of ° ′ ″ ° ′ ″ the three cranes then proceed outbound at 39 53 41.751 N, 075 08 19.1419 W, benefits of available regulatory to Wilmington, NC, with one gantry thence east-southeast to the New Jersey alternatives and, if regulation is Shoreline at 39°53′34″ N, 075°07′49″ W, crane remaining onboard. necessary, to select regulatory and bounded to the north by the approaches that maximize net benefits. The Coast Guard is issuing this southernmost edge of the Walt Whitman Executive Order 13771 directs agencies temporary rule without prior notice and Bridge. This safety zone is needed to to control regulatory costs through a opportunity to comment pursuant to protect personnel and vessels, in the budgeting process. This rule has not authority under section 4(a) of the navigable waters within the safety zone been designated a ‘‘significant Administrative Procedure Act (APA) (5 as well as persons on the adjacent regulatory action,’’ under Executive U.S.C. 553(b)). This provision shoreline during offloading of two Post- Order 12866. Accordingly, this rule has authorizes an agency to issue a rule Panamax gantry cranes. This safety zone not been reviewed by the Office of without prior notice and opportunity to will be enforced for approximately Management and Budget (OMB), and comment when the agency for good seven days beginning from the time of pursuant to OMB guidance it is exempt cause finds that those procedures are the M/V ZHEN HUA 25 moors at from the requirements of Executive ‘‘impracticable, unnecessary, or contrary Greenwich Terminal until the vessel Order 13771. to the public interest.’’ Under 5 U.S.C. departs from the terminal, unless This regulatory action determination 553(b)(B), the Coast Guard finds that cancelled earlier by the COTP Delaware is based on the short duration and traffic good cause exists for not publishing a Bay. Enforcement of the safety zone will management of the safety zone. This notice of proposed rulemaking (NPRM) be announced via broadcast notice to rule will allow for vessels to transit with respect to this rule because it is mariners. through the safety zone while the M/V impracticable and contrary to the public Vessels will be able to transit through ZHEN HUA 25 moored at Greenwich interest. There is insufficient time to the safety zone without permission from Terminal in Port of Philadelphia, allow for a reasonable comment period the COTP Delaware Bay if they meet the Pennsylvania if certain requirements are prior to the anticipated arrival of M/V following requirements: (1) Transit met, and the Coast Guard anticipates ZHEN HUA 25 to the Delaware Bay through the safety zone at the minimum that most vessels will be able to freely Captain of the Port zone. The rule must safe speed to reduce wake and maintain transit around the safety zone and will be in force by March 15, 2019, to serve steerage, (2) except for towing vessels not need to seek permission to enter the its purpose of ensuring the safety of designated as assist tugs and operating zone. For these reasons, the impact on waterway users and the general public in such capacity, do not overtake, meet, waterway traffic is expected to be from hazards associated with the or otherwise pass any other unmoored minimal. offloading of post-Panamax gantry or unanchored vessel while transiting B. Impact on Small Entities cranes with the Delaware Bay Captain of through the safety zone, and (3) The Regulatory Flexibility Act of the Port Zone. regardless of travel direction, vessels 1980, 5 U.S.C. 601–612, as amended, Under 5 U.S.C. 553(d)(3), the Coast shall remain east of the centerline of the requires Federal agencies to consider Guard finds that good cause exists for main navigation channel. The centerline the potential impact of regulations on making this rule effective less than 30 is depicted on U. S. Electronic small entities during rulemaking. The days after publication in the Federal Navigational Chart US5PA12M and is a term ‘‘small entities’’ comprises small Register. Delaying the effective date of line drawn approximately from businesses, not-for-profit organizations this rule would be impracticable and 39°53′39″ N, 075°08′11″ W, thence that are independently owned and contrary to the public interest because north-northeast to approximate position operated and are not dominant in their immediate action is needed to mitigate 39°54′19″ N, 075°07′54″ W, and thence fields, and governmental jurisdictions the potential safety hazards associated north to approximate position 39°54′20″ with populations of less than 50,000. with the offloading of the post-Panamax N, 075°07′54″ W. Vessels which do not The Coast Guard certifies under 5 U.S.C. gantry cranes. meet all of the requirements listed above 605(b) that this rule will not have a will be prohibited from entering or significant economic impact on a III. Legal Authority and Need for Rule transiting the safety zone without prior substantial number of small entities. The Coast Guard is issuing this rule approval of the COTP Delaware Bay. While some owners or operators of under authority in 46 U.S.C. 70034. The Vessels requesting to enter or transit the vessels intending to transit the safety COTP has determined that there are safety zone may contact the Sector zone may be small entities, for the potential hazards associated with the Delaware Bay Command Center via reasons stated in section V.A above, this offloading of the post-Panamax gantry VHF–FM channel 16. rule will not have a significant cranes. These potential hazards will be Those in the safety zone must comply economic impact on any vessel owner a safety concern for anyone transiting with all lawful orders or directions or operator. navigable waters of the Delaware River given to them by the COTP or the Under section 213(a) of the Small bounded to the south by a line drawn COTP’s designated representative. Business Regulatory Enforcement from the southeast corner of Pier 124S V. Regulatory Analyses Fairness Act of 1996 (Pub. L. 104–121), at 39°53′41.751″ N, 075°08′19.1419″ W, we want to assist small entities in thence east-southeast to the New Jersey We developed this rule after understanding this rule. If the rule will Shoreline at 39°53′34″ N, 075°07′49″ W, considering numerous statutes and affect your small business, organization, and bounded to the north by the Executive orders related to rulemaking. or governmental jurisdiction and you southernmost edge of the Walt Whitman Below we summarize our analyses have questions concerning its Bridge. based on a number of these statutes and provisions or options for compliance,

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please contact the person listed in the $100,000,000 (adjusted for inflation) or at 39°53′42″ N, 075°08′20″ W, thence FOR FURTHER INFORMATION CONTACT more in any one year. Though this rule east-southeast to the New Jersey section. will not result in such an expenditure, shoreline at 39°53′34″ N, 075°07′47″ W, Small businesses may send comments we do discuss the effects of this rule and bounded to the north by the on the actions of Federal employees elsewhere in this preamble. southernmost edge of the Walt Whitman who enforce, or otherwise determine Bridge. These coordinates are based on compliance with, Federal regulations to F. Environment the 1984 World Geodetic System (WGS the Small Business and Agriculture We have analyzed this rule under 84). Regulatory Enforcement Ombudsman Department of Homeland Security (b) Definitions. As used in this and the Regional Small Business Directive 023–01 and Commandant section, designated representative Regulatory Fairness Boards. The Instruction M16475.1D, which guide the means a Coast Guard Patrol Ombudsman evaluates these actions Coast Guard in complying with the Commander, including a Coast Guard annually and rates each agency’s National Environmental Policy Act of coxswain, petty officer, or other officer responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have operating a Coast Guard vessel and a wish to comment on actions by determined that this action is one of a Federal, State, and local officer employees of the Coast Guard, call 1– category of actions that do not designated by or assisting the Captain of 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a the Port Delaware Bay (COTP) in the Coast Guard will not retaliate against significant effect on the human enforcement of the safety zone. small entities that question or complain environment. This rule involves a safety (c) Regulations. (1) In accordance with about this rule or any policy or action zone to be enforced only during the the general safety zone regulations in of the Coast Guard. offload of a vessel carrying post- subpart C of this part and except for as Panamax gantry cranes. It is described in paragraph (c)(3) of this C. Collection of Information categorically excluded from further section, vessels may not enter, remain This rule will not call for a new review under paragraph L60(a) of in, or transit the safety zone described collection of information under the Appendix A, Table 1 of DHS Instruction in paragraph (a) of this section unless Paperwork Reduction Act of 1995 (44 Manual 023–01–001–01, Rev. 01. A authorized by the COTP or the COTP’s U.S.C. 3501–3520). Record of Environmental Consideration designated representative. (2) To seek permission to enter or D. Federalism and Indian Tribal supporting this determination is remain in the zone, unless moored or Governments available in the docket where indicated under ADDRESSES. anchored outside the main navigational A rule has implications for federalism channel, contact the COTP or the under Executive Order 13132, G. Protest Activities COTP’s representative via VHF–FM Federalism, if it has a substantial direct The Coast Guard respects the First Channel 16. Those in the safety zone effect on the States, on the relationship Amendment rights of protesters. must comply with all lawful orders or between the national government and Protesters are asked to contact the directions given to them by the COTP or the States, or on the distribution of person listed in the FOR FURTHER the COTP’s designated representative. power and responsibilities among the INFORMATION CONTACT section to (3) Vessels may transit the safety zone various levels of government. We have coordinate protest activities so that your described in paragraph (a) of this analyzed this rule under that Order and message can be received without section if all of the following criteria are have determined that it is consistent jeopardizing the safety or security of met: with the fundamental federalism people, places or vessels. (i) Vessel shall maintain the minimum principles and preemption requirements safe speed to reduce wake and maintain described in Executive Order 13132. List of Subjects 33 CFR Part 165 steerage. Also, this rule does not have tribal Harbors, Marine safety, Navigation (ii) Except towing vessels designated implications under Executive Order (water), Reporting and recordkeeping as assist tugs and operating in such 13175, Consultation and Coordination requirements, Security measures, capacity, no vessel may meet, overtake with Indian Tribal Governments, Waterways. or otherwise pass another unmoored or because it does not have a substantial For the reasons discussed in the unanchored vessel within the safety direct effect on one or more Indian preamble, the Coast Guard amends 33 zone. tribes, on the relationship between the CFR 165 as follows: (iii) Regardless of travel direction, Federal Government and Indian tribes, vessels shall remain east of the or on the distribution of power and PART 165—REGULATED NAVIGATION centerline of the main navigation responsibilities between the Federal AREAS AND LIMITED ACCESS AREAS channel. The centerline is depicted on Government and Indian tribes. If you U.S. Electronic Navigational Chart believe this rule has implications for ■ 1. The authority citation for part 165 US5PA12M and is a line drawn federalism or Indian tribes, please continues to read as follows: approximately from 39°53′39″ N, contact the person listed in the FOR Authority: 46 U.S.C. 70034, 70051; 33 CFR 075°08′11″ W, thence north-northeast to FURTHER INFORMATION CONTACT section 1.05–1, 6.04–1, 6.04–6, and 160.5; approximate position 39°54′19″ N, above. Department of Homeland Security Delegation 075°07′54″ W, and thence north to No. 0170.1. approximate position 39°54′20″ N, E. Unfunded Mandates Reform Act ■ 2. Add § 165.T05–0122, to read as 075°07′54″ W. The Unfunded Mandates Reform Act follows: (d) Enforcement. The U.S. Coast of 1995 (2 U.S.C. 1531–1538) requires Guard may be assisted in the patrol and Federal agencies to assess the effects of § 165.T05–0122 Safety Zone, Delaware enforcement of the safety zone by their discretionary regulatory actions. In River, Philadelphia, PA. Federal, State, and local agencies. particular, the Act addresses actions (a) Location. The following area is a (e) Enforcement period. Enforcement that may result in the expenditure by a safety zone: All navigable waters of the safety zone will begin when the State, local, or tribal government, in the bounded to the south by a line drawn M/V ZHEN HUA 25 arrives at berth at aggregate, or by the private sector of from the southeast corner of Pier 124S the Greenwich Terminal in the Port of

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Philadelphia, Pennsylvania and end at Wynkoop Street, Denver, Colorado turn, the emissions reductions that midnight on April 30, 2019. 80202–1129, (303) 312–6073, could be achieved through source-by- Dated: March 15, 2019. [email protected]. source BART are calculated in Scott E. Anderson, SUPPLEMENTARY INFORMATION: accordance with the Guidelines for Throughout this document ‘‘we,’’ ‘‘us,’’ BART Determinations Under the Captain, U.S. Coast Guard, Captain of the 3 Port, Delaware Bay. and ‘‘our’’ means the EPA. Regional Haze Rule. The BART Guidelines are mandatory for [FR Doc. 2019–05369 Filed 3–20–19; 8:45 am] I. Background powerplants exceeding 750 megawatts BILLING CODE 9110–04–P The background for this action is such as the Naughton Power Plant.4 The discussed in detail in our November 7, BART Guidelines specify, in general, 2018, proposal (83 FR 55656). In that that actual emissions, rather than ENVIRONMENTAL PROTECTION document we proposed to approve the potential emissions, should be used to AGENCY SIP revision that provides an alternative calculate the emission reductions from to BART for Unit 3 at the Naughton 40 CFR Part 52 BART. For example, when calculating Power Plant. both the baseline and anticipated [EPA–R08–OAR–2018–0607; FRL–9990–72– Comments on the proposed emissions, and thereby the emission Region 8] rulemaking were due on or before reductions, the BART Guidelines state: December 7, 2018. The EPA received a Approval and Promulgation of Air total of three public comment The baseline emissions rate should Quality Implementation Plans; represent a realistic depiction of anticipated submissions on the proposed approval, annual emissions for the source. In general, Wyoming; Revisions to Regional Haze including a comment letter from the for the existing sources subject to BART, you State Implementation Plan Wyoming Department of Environmental will estimate the anticipated annual AGENCY: Quality Air Quality Division (AQD). All emissions based upon actual emissions from Environmental Protection 5 Agency (EPA). public comments received on this a baseline period. rulemaking action are available for ACTION: In addition, the BART Guidelines state: Final rule. review by the public and may be viewed by following the instructions for access When you project that future operating SUMMARY: The Environmental Protection parameters (e.g., limited hours of operation Agency (EPA) is approving a source- to docket materials as outlined in the or capacity utilization, type of fuel, raw specific revision to the Wyoming State ADDRESSES section of this preamble. materials or product mix or type) will differ Implementation Plan (SIP) that provides After reviewing the comments, the EPA from past practice, and if this projection has an alternative to Best Available Retrofit has determined that one of the comment a deciding effect in the BART determination, Technology (BART) for Unit 3 at the submissions is outside the scope of our then you must make these parameters or Naughton Power Plant (‘‘the SIP proposed action and/or fails to identify assumptions into enforceable limitations. In the absence of enforceable limitations, you revision’’) that is owned and operated any material issue necessitating a response. Our responses to the calculate baseline emissions based upon by PacifiCorp. The EPA finds that the continuation of past practice.6 BART alternative for Naughton Unit 3 remaining two comment submissions provides greater reasonable progress are below. Wyoming’s BART determination for Naughton Unit 3, as approved by the toward natural visibility conditions than II. Response to Comments BART in accordance with the EPA in 2014, is comprised of an requirements of section 110 of the Clean Comment: In a comment letter dated emission limit of 0.07 lb/MMBtu (30- Air Act (CAA) and the EPA’s Regional December 7, 2018, AQD stated that it day rolling average) and does not Haze Rule (RHR). The SIP revision was ‘‘agrees with EPA that both the EPA’s include enforceable limitations that submitted by the State of Wyoming on and Wyoming’s analyses demonstrate would constrain future operating November 28, 2017. that the emissions reductions achievable parameters. This reinforces the through the alternative are better-than- conclusion that baseline emissions for DATES: This rule is effective on April 22, BART.’’ However, the AQD maintained Naughton Unit 3 should be based on 2019. that ‘‘given the flexibilities afforded actual emissions reflective of past ADDRESSES: The EPA has established a states under the BART Guidelines (70 practice. docket for this action under Docket ID FR 39129), the State’s use of potential- Finally, note that the citation to the No. EPA–R08–OAR–2018–0607. All to-emit emissions in order to calculate BART Guidelines given by AQD (to 70 documents in the docket are listed on reductions is permissible.’’ The AQD FR 39129) refers to flexibilities afforded the http://www.regulations.gov website. construed ‘‘EPA’s use of ‘anticipated to the states in the context of assessing Although listed in the index, some annual emission rate’ as an EPA policy visibility improvements due to potential information is not publicly available, preference, not a requirement.’’ BART controls, and does not speak to e.g., CBI or other information whose Response: In 2006, the EPA finalized whether actual or potential emissions disclosure is restricted by statute. regulations that govern alternatives to should be used to calculate the emission Certain other material, such as source-specific BART determinations reductions from BART in the course of copyrighted material, is not placed on such as that contemplated in the the internet and will be publicly Wyoming SIP revision for Naughton 3 Appendix Y to 40 CFR part 51. available only in hard copy form. Unit 3.1 These regulations ‘‘make clear 4 Generator-level information submitted to the Publicly available docket materials are that the emissions reductions that could U.S. Energy Information Agency on form EIA–860 available through http:// shows a total nameplate capacity of 832 megawatts be achieved through implementation of for the three electric generating units at the www.regulations.gov, or please contact the BART provisions at § 51.308(e)(1) Naughton Plant. See form EIA–860 detailed data the person identified in the FOR FURTHER [for source-by-source BART] serve as the located in the docket. Note that the engineering INFORMATION CONTACT section for benchmark against which States can analysis supporting the BART Guidelines identified affected electric generating units by nameplate additional availability information. 2 compare an alternative program.’’ In generating capacity. 70 FR 39104, 39152–53 (July 6, FOR FURTHER INFORMATION CONTACT: 2005). Aaron Worstell, Air Program, EPA, 1 71 FR 60612 (October 13, 2006). 5 70 FR 39167 (July 6, 2005) (emphases added). Region 8, Mailcode 8P–AR, 1595 2 Id. at 60615. 6 Ibid.

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a better-than-BART demonstration. Even Response: The BART Guidelines state annual emissions rates of approximately still, in the context of assessing that for EGUs, such as Naughton Unit 3, 0.05 lb/MMBtu.14 For these reasons, we visibility improvements, the BART emission limits should specify an find that an estimated actual annual Guidelines are clear that actual, and not averaging time of a 30-day rolling emission rate of 0.05 lb/MMBtu allowable, emission rates should be average.9 In our 2014 final rule, we appropriately corresponds to the used: approved Wyoming’s 30-day rolling emission limit of 0.07 lb/MMBtu on a On the other hand, in the long term, average emission limit of 0.07 lb/ 30-day rolling average for Naughton estimating visibility impacts based on MMBtu for Naughton Unit 3.10 Unit 3. allowable emission rates for every hour of the However, as discussed in the comment Comment: One commenter expressed year may unduly inflate the maximum 24 response immediately above, in this support for the EPA’s proposed hour modeled impairment estimate from a case the BART regulations require that approval of the SIP revision which BART-eligible source. The emissions estimates used in the models are intended to estimated actual emissions should be would result in the transition of reflect steady-state operating conditions used when comparing the emission Naughton Unit 3 from coal to natural during periods of high capacity utilization.7 reductions from BART to those from a gas. The commenter stated that ‘‘natural BART alternative. Therefore, it is gas is cleaner and more sustainable for Accordingly, because the BART our future, and therefore a public Guidelines are mandatory for the necessary to adjust the 30-day rolling benefit.’’ The commenter also stated that Naughton Power Plant, and in this case average emission limit (lb/MMbtu) to an ‘‘PacifiCorp will have to modernize require the use of actual emissions actual annual (lb/MMBtu) basis for this their coal combustion power plants at when calculating BART emission purpose. The former value will some point regardless.’’ reductions, we disagree that the EPA’s necessarily be higher than the latter use of actual annual emissions value because of (1) the shorter Response: We acknowledge the represents a policy preference and that averaging period, and (2) a margin for commenter’s support for our proposed Wyoming’s use of potential emissions compliance. The need to adjust between approval of the SIP revision for for that purpose is permissible. the two values was discussed in the Naughton Unit 3. Nonetheless, as noted by the EPA’s 2014 final rule approving the III. Final Action commenter, the EPA agrees that in the BART determination for Naughton Unit case of the Naughton Unit 3 SIP 3.11 The need to adjust between these In this action, the EPA is approving revision, regardless of whether the two values has also been recognized by Wyoming’s SIP revision for the emission reductions achievable with the other states (e.g., Colorado and North Alternative to BART for NOX and PM BART alternative are assessed on a Dakota) in their regional haze SIPs that for PacifiCorp Naughton Unit 3, projected actual or allowable emissions have been approved by the EPA.12 13 In including the associated emission and basis, the anticipated NOX emissions are addition, the relationship between the operational limitations, compliance lower under the BART alternative than two values can be observed at other dates, and monitoring, record keeping under BART.8 BART sources where selective catalytic and reporting requirements. Comment: AQD stated that, for the reduction (SCR) has been installed and Specifically, the EPA is approving the reasons noted in its SIP submittal, the is subject to a 30-day rolling average following federally enforceable elements AQD continues to maintain that use of emission limit of 0.07 lb/MMBtu. For of the SIP revision for Naughton Unit 3: an emission limit of 0.07 lb/MMBtu (30- example, as discussed in our proposed • The NOX and PM emission limits day rolling average) is the appropriate rule, Units 3 and 4 at the Jim Bridger found in Wyoming air quality permits BART emission limit for comparison Power Plant, which are subject to a 30- MD–15946 (condition 5, lb/hr and tons/ purposes instead of EPA’s use of an 0.05 day rolling average emission limit of year) and P0021110 (condition 7, lb/ lb/MMBtu emission rate. 0.07 lb/MMBtu, are achieving actual MMbtu), as shown in the table below.

Pollutant lb/MMBtu lb/hr tons/year

NOX ...... 0.12 (30-day rolling average) ...... 250.0 (30-day rolling) ...... 519.0 a b b PM/PM 10 ...... 0.008 ...... 30.0 ...... 52.0

a Total PM/PM10. b Averaging period is one hour as determined by 40 CFR 60.46 and an applicable Reference Test Method.

• The operational limit on annual shall (1) remove the coal pulverizers • The compliance dates found in heat input of 12,964,800 MMBtu (based from service (cease firing coal) by Wyoming air quality permit MD–15946 on 12-month rolling average of hourly January 30, 2019 (P0021110, condition (conditions 5 and 6), requiring that heat input values) found in Wyoming 19), (2) comply with the NOX and PM PacifiCorp comply with the NOX and air quality permit P0021110 (condition emission limits in lb/MMBtu upon PM emission limits in lb/hr and tons/ 18). conversion to natural gas firing year upon completion of the initial • The compliance dates found in (P0021110, condition 7), and (3) comply performance tests. Wyoming air quality permit P0021110; with the heat input limit by January 30, • The monitoring, record keeping and specifically including that PacifiCorp 2019 (P0021110, condition 18). reporting requirements found in air

7 Id. at 39129. 11 Id. at 5167. 13 North Dakota State Implementation Plan for 8 The annual NOX emissions limit for the 12 Colorado Visibility and Regional Haze State Regional Haze, North Dakota Department of Health, Naughton Unit 3 BART alternative of 519 tons/year Implementation Plan for the Twelve Mandatory adopted February 24, 2010. See Appendix B: is lower than the actual emission projected with Class I Federal Areas in Colorado, Colorado Air Department BART Determinations for Subject-to- BART by the EPA of 621 tons/year. See proposed Pollution Control Division, pages 132 and 145, BART Sources in North Dakota. rule at 83 FR 55646, 55662 (November 7, 2018). adopted January 7, 2011. Also, see Appendix C: 14 83 FR 55656, 55662 (November 7, 2018). 9 70 FR 39172 (July 6, 2005). Technical Support Documents for BART 10 79 FR 5032, 5045–56 (January 30, 2014). Determinations.

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quality permit P0021110 (NOX CEMs, action because SIP approvals are particular applicability; rules relating to conditions 8 and 9; heat input, exempted under Executive Order 12866; agency management or personnel; and condition 18; PM stack testing, • Does not impose an information rules of agency organization, procedure, condition 10; reporting, conditions 4, collection burden under the provisions or practice that do not substantially 11, 12, 13, 14, 19; record keeping, of the Paperwork Reduction Act (44 affect the rights or obligations of non- condition 17; notification, conditions 4 U.S.C. 3501 et seq.); agency parties. 5 U.S.C. 804(3). Because and 6; good practice, condition 21; • Is certified as not having a this is a rule of particular applicability, credible evidence, condition 24). significant economic impact on a the EPA is not required to submit a rule substantial number of small entities report regarding this action under IV. Incorporation by Reference under the Regulatory Flexibility Act (5 section 801. In this document, the EPA is U.S.C. 601 et seq.); Under section 307(b)(1) of the Clean finalizing regulatory text that includes • Does not contain any unfunded Air Act, petitions for judicial review of incorporation by reference. In mandate or significantly or uniquely this action must be filed in the United accordance with requirements of 1 CFR affect small governments, described in States Court of Appeals for the 51.5, the EPA is finalizing the the Unfunded Mandates Reform Act of appropriate circuit by May 20, 2019. incorporation by reference of the SIP 1995 (Pub. L. 104–4); Filing a petition for reconsideration by amendments described in section III of • Does not have federalism the Administrator of this final rule does this preamble. The EPA has made, and implications as specified in Executive not affect the finality of this action for will continue to make, these materials Order 13132 (64 FR 43255, August 10, the purposes of judicial review nor does generally available through 1999); it extend the time within which a www.regulations.gov and at the EPA • Is not an economically significant petition for judicial review may be filed, Region 8 Office (please contact the regulatory action based on health or and shall not postpone the effectiveness person identified in the FOR FURTHER safety risks subject to Executive Order of such rule or action. This action may INFORMATION CONTACT section of this 13045 (62 FR 19885, April 23, 1997); not be challenged later in proceedings to preamble for more information). • Is not a significant regulatory action enforce its requirements. (See section Therefore, these materials have been subject to Executive Order 13211 (66 FR 307(b)(2).) approved by the EPA for inclusion in 28355, May 22, 2001); List of Subjects in 40 CFR Part 52 the SIP, have been incorporated by • Is not subject to requirements of reference by the EPA into that plan, are section 12(d) of the National Environmental protection, Air fully federally enforceable under Technology Transfer and Advancement pollution control, Carbon monoxide, sections 110 and 113 of the CAA as of Act of 1995 (15 U.S.C. 272 note) because Incorporation by reference, the effective date of the final rulemaking application of those requirements would Intergovernmental relations, of the EPA’s approval, and will be be inconsistent with the CAA; and Greenhouse gases, Lead, Nitrogen incorporated by reference in the next • Does not provide the EPA with the dioxide, Ozone, Particulate matter, update to the SIP compilation.15 discretionary authority to address, as Reporting and recordkeeping appropriate, disproportionate human requirements, Sulfur oxides, Volatile V. Statutory and Executive Order health or environmental effects, using organic compounds. Reviews practicable and legally permissible Dated: March 15, 2019. methods, under Executive Order 12898 Under the Clean Air Act, the Douglas Benevento, Administrator is required to approve a (59 FR 7629, February 16, 1994). Regional Administrator, EPA Region 8. SIP submission that complies with the In addition, the SIP is not approved to provisions of the Act and applicable apply on any Indian reservation land or 40 CFR part 52 is amended as follows: federal regulations. 42 U.S.C. 7410(k); in any other area where the EPA or an PART 52—APPROVAL AND 40 CFR 52.02(a). Thus, in reviewing SIP Indian tribe has demonstrated that a submissions, the EPA’s role is to PROMULGATION OF tribe has jurisdiction. In those areas of IMPLEMENTATION PLANS approve state choices, provided that Indian country, the rule does not have they meet the criteria of the Clean Air tribal implications and will not impose ■ 1. The authority citation for part 52 Act. Accordingly, this action merely substantial direct costs on tribal continues to read as follows: approves state law as meeting federal governments or preempt tribal law as Authority: 42 U.S.C. 7401 et seq. requirements and does not impose specified by Executive Order 13175 (65 additional requirements beyond those FR 67249, November 9, 2000). Subpart ZZ—Wyoming imposed by state law. For that reason, The Congressional Review Act, 5 this action: U.S.C. 801 et seq., as added by the Small ■ 2. Section 52.2620 is amended by • Is not a ‘‘significant regulatory Business Regulatory Enforcement adding to the table in paragraph (d) an action’’ subject to review by the Office Fairness Act of 1996, generally provides entry for ‘‘Naughton Unit 3’’ at the end of Management and Budget under that before a rule may take effect, the of the table; and by adding to the table Executive Orders 12866 (58 FR 51735, agency promulgating the rule must in paragraph (e), in numerical order, an October 4, 1993) and 13563 (76 FR 3821, submit a rule report, which includes a entry for ‘‘(32) XXXII’’ to read as January 21, 2011); copy of the rule, to each House of the follows: • Is not an Executive Order 13771 (82 Congress and to the Comptroller General FR 9339, February 2, 2017) regulatory of the United States. Section 804, § 52.2620 Identification of plan. however, exempts from section 801 the * * * * * 15 62 FR 27968 (May 22, 1997). following types of rules: Rules of (d) * * *

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State effective EPA Final rule Regulation Rule title date effective date citation/date Comments

******* Naughton Unit Air Quality SIP Permits con- November 28, April 22, 2019. [Federal Register CITA- Only the following permit provisions: NOX and 3. taining BART Alternative re- 2017. TION] [Federal Reg- PM emission limits (MD–15946 condition 5, quirements, MD–15946 and ister 3/21/19]. for lb/hr and tons/year emission limits; P0021110. P0021110, condition 7, for lb/MMbtu emis- sion limits); emission limit compliance dates (P0021110, condition 7; MD–15946, condi- tions 5 and 6); heat input limit and compli- ance date (P0021110, condition 18); compli- ance date for coal pulverizers to be removed from service (P0021110, condition 19); and associated monitoring, recordkeeping, and reporting requirements (P0021110, conditions 4, 6, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 21, and 24).

(e) * * *

State EPA Rule No. Rule title effective Effective Final rule/ Comments date date citation date

******* (32) XXXII ...... Wyoming State Implementation November 28, April 22, 2019. [Federal Register cita- Only includes Appendix B: Alternative to BART Plan 5-Year Progress Report 2017. tion], [Federal Register for NOX and PM for PacifiCorp Naughton for Regional Haze, Appendix 3/21/19]. Unit 3. B: Alternative to BART for NOX and PM for PacifiCorp Naughton Unit 3.

■ 3. Section 52.2636 is amended by § 52.2636 Implementation plan for regional (vii) PacifiCorp Naughton Power Plant revising paragraph (a)(1)(vii) and Table haze. Units 1 and 2 (PM and NOX); and 1 to § 52.2636 in paragraph (c)(1) to read (a) * * * * * * * * as follows: (c) * * * (1) * * * (1) * * *

TABLE 1 TO § 52.2636 [Emission limits for BART units for which EPA approved the State’s BART and Reasonable Progress determinations]

NOX emission limits— PM emission lb/MMBtu Source name/BART unit limits— (30-day lb/MMBtu rolling average)

FMC Westvaco Trona Plant/Unit NS–1A ...... 0.05 0.35 FMC Westvaco Trona Plant/Unit NS–1B ...... 0.05 0.35 TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler C ...... 0.09 0.28 TATA Chemicals Partners (General Chemical) Green River Trona Plant/Boiler D ...... 0.09 0.28 Basin Electric Power Cooperative Laramie River Station/Unit 1 ...... 0.03 N/A Basin Electric Power Cooperative Laramie River Station/Unit 2 ...... 0.03 N/A Basin Electric Power Cooperative Laramie River Station/Unit 3 ...... 0.03 N/A PacifiCorp Dave Johnston Power Plant/Unit 3 ...... 0.015 N/A PacifiCorp Dave Johnston Power Plant/Unit 4 ...... 0.015 0.15 PacifiCorp Jim Bridger Power Plant/Unit 1 1 ...... 0.03 0.26/0.07 PacifiCorp Jim Bridger Power Plant/Unit 2 1 ...... 0.03 0.26/0.07 PacifiCorp Jim Bridger Power Plant/Unit 3 1 ...... 0.03 0.26/0.07 PacifiCorp Jim Bridger Power Plant/Unit 4 1 ...... 0.03 0.26/0.07 PacifiCorp Naughton Power Plant/Unit 1 ...... 0.04 0.26 PacifiCorp Naughton Power Plant/Unit 2 ...... 0.04 0.26 PacifiCorp Wyodak Power Plant/Unit 1 ...... 0.015 N/A

1 The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3, and 4 shall comply with the NOX emission limit for BART of 0.26 lb/MMBtu and PM emission limit for BART of 0.03 lb/MMBtu and other requirements of this section by March 4, 2019. The owners and operators of PacifiCorp Jim Bridger Units 1, 2, 3 and 4 shall comply with the NOX emission limit for reasonable progress of 0.07 lb/MMBtu by: December 31, 2022, for Unit 1, December 31, 2021, for Unit 2, December 31, 2015, for Unit 3, and December 31, 2016, for Unit 4.

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* * * * * Dated: March 15, 2019. 2020 harvest specifications for [FR Doc. 2019–05263 Filed 3–20–19; 8:45 am] Larry W. Minor, groundfish of the GOA (84 FR 9416, BILLING CODE 6560–50–P Associate Administrator for Policy. March 14, 2019). [FR Doc. 2019–05382 Filed 3–20–19; 8:45 am] In accordance with § 679.20(d)(1)(i), BILLING CODE 4910–EX–P the Administrator, Alaska Region, DEPARTMENT OF TRANSPORTATION NMFS (Regional Administrator) has determined that the A season allowance Federal Motor Carrier Safety DEPARTMENT OF COMMERCE of the 2019 Pacific cod TAC Administration apportioned to hook-and-line catcher/ National Oceanic and Atmospheric processors in the Western Regulatory Administration 49 CFR Part 380 Area of the GOA will soon be reached. 50 CFR Part 679 Therefore, the Regional Administrator is [Docket No. FMCSA–2017–0371] establishing a directed fishing [Docket No. 180831813–9170–02] allowance of 550 mt and is setting aside RIN 2126–AC05 RIN 0648–XG716 the remaining 18 mt as bycatch to support other anticipated groundfish Commercial Driver’s License Upgrade Fisheries of the Exclusive Economic fisheries. In accordance with From Class B to Class A; Correction Zone Off Alaska; Pacific Cod by Hook- § 679.20(d)(1)(iii), the Regional and-Line Catcher/Processors in the Administrator finds that this directed AGENCY: Federal Motor Carrier Safety Western Regulatory Area of the Gulf of fishing allowance has been reached. Administration (FMCSA), DOT. Alaska Consequently, NMFS is prohibiting ACTION: Final rule; correction. AGENCY: National Marine Fisheries directed fishing for Pacific cod by hook- Service (NMFS), National Oceanic and and-line catcher/processors in the SUMMARY: FMCSA corrects the entry- Atmospheric Administration (NOAA), Western Regulatory Area of the GOA. level driver training (ELDT) final rule While this closure is effective the published on March 6, 2019, titled Commerce. ACTION: Temporary rule; closure. maximum retainable amounts at ‘‘Commercial Driver’s License Upgrade § 679.20(e) and (f) apply at any time from Class B to Class A.’’ The March 6, SUMMARY: NMFS is prohibiting directed during a trip. 2019 final rule contained an error in the fishing for Pacific cod by hook-and-line amendatory instruction that is being Classification catcher/processors in the Western corrected in order to ensure the Regulatory Area of the Gulf of Alaska regulatory text matches the discussion This action responds to the best (GOA). This action is necessary to of the change being made in the available information recently obtained prevent exceeding the A season preamble to the document. from the fishery. The Assistant allowance of the 2019 Pacific cod total Administrator for Fisheries, NOAA DATES: Effective May 6, 2019. allowable catch apportioned to hook- (AA), finds good cause to waive the and-line catcher/processors in the FOR FURTHER INFORMATION CONTACT: Mr. requirement to provide prior notice and Western Regulatory Area of the GOA. Richard Clemente, Driver and Carrier opportunity for public comment Operations (MC–PSD) Division, DATES: Effective 1200 hours, Alaska pursuant to the authority set forth at 5 FMCSA, 1200 New Jersey Ave. SE, local time (A.l.t.), March 18, 2019, U.S.C. 553(b)(B) as such requirement is Washington, DC 20590–0001, by through 1200 hours, A.l.t., June 10, impracticable and contrary to the public telephone at 202–366–4325, or by email 2019. interest. This requirement is at [email protected]. If you have FOR FURTHER INFORMATION CONTACT: Josh questions on viewing or submitting impracticable and contrary to the public Keaton, 907–586–7228. material to the docket, contact Docket interest as it would prevent NMFS from Services, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: NMFS responding to the most recent fisheries manages the groundfish fishery in the data in a timely fashion and would SUPPLEMENTARY INFORMATION: In FR Doc. GOA exclusive economic zone delay the directed fishing closure of 2019–04044 appearing on page 8029 in according to the Fishery Management Pacific cod by hook-and-line catcher/ the Federal Register of Wednesday, Plan for Groundfish of the Gulf of processors in the Western Regulatory March 6, 2019, the following correction Alaska (FMP) prepared by the North Area of the GOA. NMFS was unable to is made: Pacific Fishery Management Council publish a notice providing time for § 380.707 [Corrected] under authority of the Magnuson- public comment because the most Stevens Fishery Conservation and recent, relevant data only became ■ 1. On page 8040, in the third column, Management Act. Regulations governing available as of March 15, 2019. in part 380, in amendment 2 for fishing by U.S. vessels in accordance § 380.707, the instruction ‘‘amend with the FMP appear at subpart H of 50 The AA also finds good cause to paragraph (a) by adding the words ‘‘or CFR part 600 and 50 CFR part 679. waive the 30-day delay in the effective Class A theory instruction upgrade Regulations governing sideboard date of this action under 5 U.S.C. curriculum applicants’’ to the end of the protections for GOA groundfish 553(d)(3). This finding is based upon final sentence’’ is corrected to read fisheries appear at subpart B of 50 CFR the reasons provided above for waiver of ‘‘amend paragraph (a) by adding the part 680. prior notice and opportunity for public words ‘‘or Class A theory instruction The A season allowance of the 2019 comment. upgrade curriculum applicants’’ after Pacific cod total allowable catch (TAC) This action is required by § 679.20 the words ‘‘all accepted BTW apportioned to hook-and-line catcher/ and is exempt from review under applicants’’ in the final sentence.’’ processors in the Western Regulatory Executive Order 12866. Issued under authority delegated in 49 CFR Area of the GOA is 568 metric tons (mt), 1.87. as established by the final 2019 and Authority: 16 U.S.C. 1801 et seq.

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Dated: March 18, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–05391 Filed 3–18–19; 4:15 pm] BILLING CODE 3510–22–P

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Proposed Rules Federal Register Vol. 84, No. 55

Thursday, March 21, 2019

This section of the FEDERAL REGISTER SUPPLEMENTARY INFORMATION: Because the RIN for the 2016 contains notices to the public of the proposed proposed rule expired and Departmental I. Background issuance of rules and regulations. The leadership wanted to strengthen the purpose of these notices is to give interested On December 26, 2013, the Office of conflict of interest provisions and persons an opportunity to participate in the Management and Budget (OMB) incorporate open science and land rule making prior to the adoption of the final rules. published its Uniform Administrative acquisition provisions, the Department Requirements, Cost Principles, and is proposing the current version of its Audit Requirements for Federal Awards FAIR regulations as a revision to 2 CFR DEPARTMENT OF THE INTERIOR (referred to as the ‘‘Uniform Guidance,’’ part 1402 for public comment. 78 FR 78590). The OMB Uniform The FAIR regulations proposed today Office of the Secretary Guidance, 2 CFR part 200, provided a would: First, revise 2 CFR part 1402 to government-wide framework for Federal more accurately reflect exceptions to 2 CFR Part 1402 awards management and streamlined this part; and second, add supplemental [DOI–2018–0013; 190D0102DM, administrative requirements, cost regulations for DOI’s financial DS62400000, DLSP00000.000000, DX62401] principles, and audit requirements for assistance program that would be Federal awards including grants and codified at 2 CFR part 1402. The RIN 1090–AB19 cooperative agreements. proposed rule represents an The Uniform Guidance required Financial Assistance Interior administrative simplification and is not Federal agencies to promulgate Regulation intended to make any substantive regulations implementing the policies changes to 2 CFR part 200 policies and AGENCY: Office of the Secretary, Interior. and procedures applicable to Federal procedures. Thus, this rulemaking is not ACTION: Proposed rule. awards by December 26, 2014. On seeking to revisit substantive issues December 19, 2014, the Department resolved during the development and SUMMARY: This proposed rule would published a final rule to adopt the OMB finalization of the OMB Uniform establish the Financial Assistance Uniform Guidance in full as 2 CFR part Guidance which was adopted by the Interior Regulation (FAIR). The FAIR 1402, Uniform Administrative Department on December 19, 2014. The supplements the Office of Management Requirements, Cost Principles, and purpose of the proposed rule is to help and Budget (OMB) Uniform Audit Requirements for Federal Awards ensure that financial assistance Administrative Requirements, Cost [79 FR 75867]. Three days later, on provided by the DOI is administered in Principles, and Audit Requirements for December 22, 2014, DOI issued full compliance with applicable law, Federal Awards (Uniform Guidance), memoranda to supplement the regulation, policy and best practices to which was adopted by the Department following provisions of the OMB ensure the American people get the of the Interior (DOI or Department) on Uniform Guidance: (1) Indirect Cost most value from the money the DOI December 19, 2014. This proposed rule Rates for Federal Financial Assistance spends on financial assistance. The would support the Department’s goal of Awards and Agreements; (2) Conflict of sections in this rule represent areas of improving its financial assistance Interest and Mandatory Disclosures for the financial assistance program where program, consolidate the Department’s Financial Assistance; (3) Financial questions have been raised by financial assistance regulations and Assistance Application and Merit stakeholders, including auditors. As a policies derived from the OMB Uniform review Processes; and (4) Financial result, DOI seeks to provide clarity in Guidance, and streamline the Assistance Awards for For-Profit these specific areas. implementation of OMB’s Uniform Entities, Foreign Public Entities, and Discussion of the Proposed Rule Guidance and DOI financial assistance Foreign Organizations. On February 8, policy. 2016, the Department published a Subpart A of the proposed rule sets DATES: Submit comments on or before proposed rule to establish the FAIR and forth definitions for terms used in this April 22, 2019. to consolidate all of the policy part. Terms defined in this proposed ADDRESSES: You may submit comments memoranda into a regulation to be rulemaking are ‘‘data,’’ ‘‘employment,’’ on the rulemaking through the Federal codified at 2 CFR part 1402 (81 FR ‘‘financial assistance officer,’’ ‘‘foreign eRulemaking Portal at http:// 6462). Two comments were received entity,’’ ‘‘non-Federal entity,’’ and ‘‘real www.regulations.gov. Type in DOI– addressing, first, details of the conflicts property.’’ Several of these terms help 2018–0013 in the search bar. Please use of interest provision and, second, the clarify proposed regulatory changes Regulation Identifier Number (RIN) application of 2 CFR part 200, subparts designed to avoid real or apparent 1090–AB19 in your message. Follow the E (Cost Principles) and F (Audit conflicts of interest which might place instructions on the website for Requirements), to tribal awards. These a federal employee, non-Federal entity, submitting comments. two comments were addressed by its employees, and/or its subrecipients FOR FURTHER INFORMATION CONTACT: Ms. expanding the conflict of interest in a position of conflict, real or Kaprice Tucker, Associate Director, provision to be consistent with the apparent. Proposed terms also define Office of Acquisition and Property Standards of Ethical Conduct for ‘‘real property’’ and ‘‘data,’’ to address Management, Department of the Employees of the Executive Branch, 5 DOI’s specific focus on interests in land Interior, 1849 C Street NW, Mail Stop CFR part 2635, and by clarifying the and to address transparency in the use 4262 MIB, Washington, DC 20240; applicability of 2 CFR part 200, subparts of data. telephone (202) 208–3466; or email E and F, to tribal awards in this Subpart B sets forth proposed general [email protected]. proposed rulemaking, respectively. provisions including: the purpose of the

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part, application, exceptions, policies conflicts of interest preventing them (NOFO). This section of the proposed and procedures that apply to non- from providing impartial, technically rule also sets forth direction on: The Federal entities, conflict of interest sound, and objective performance under composition of an evaluation and policies, and mandatory disclosure or with respect to a Federal financial selection plan, completeness of requirements. DOI is proposing to revise assistance agreement. Paragraphs (a) applications and proposals, timeliness, § 1402.100 to more-accurately explain through (f) set forth direction on threshold screening, merit review the purpose of the part, which includes applicability, a discussion of conflicts, evaluation screening, and risk establishment of financial assistance appropriate action that must be taken to assessments. regulations designed to ensure that avoid a conflict of interest, and Proposed §§ 1402.206 and 1402.207 financial assistance is administered in enforcement. are designed to be read together. Section full compliance with applicable law, Section 1402.113 provides that, in 1402.206 provides that § 1402.207(a) regulation, policy and best practices and addition to disclosures required under 2 contains standard award terms and help ensure the American people get the CFR 200.112 and 200.113, non-Federal conditions that always apply to for- most value from the money the DOI entities and applicants must disclose in profit entities and that terms in spends on financial assistance. The writing any potential or actual conflict § 1402.207(b) contain terms that are proposed part also extends certain of interest and must also disclose any required for all subawards and contracts regulatory provisions to foreign public outstanding unresolved matters with the over the simplified acquisition entities and foreign organizations. The Government Accountability Office or thresholds. The section further lists revised § 1402.101 provides that the the Office of Inspector General of any additional administrative guidelines in proposed regulations would apply to all Federal agency when submitting a existing regulations and in proposed DOI grant-making activities and to any proposal and through the life of the § 1402.414 that may be applied to non-Federal entity that applies for, award. domestic for-profit entities. Provision is receives, operates, or expends funds Under subpart C, the proposed rule made for particular program offices and from a DOI financial assistance award addresses: Merit review requirements bureaus to develop specific after the effective date of the final rule, for competitive awards, requirements administrative guidelines for domestic unless otherwise authorized by Federal for domestic for-profit entities, specific for-profits. Finally, proposed § 1402.206 statute. The part also applies to foreign financial assistance award terms and provides that bureau and office award entity applicants and recipients, except conditions that apply to domestic for- terms and conditions must be managed where the DOI office or bureau profit entities, and lobbying disclosure in accordance with requirements in determines that the application of the and certification requirements. existing 2 CFR 200.210. proposed regulations would be Proposed § 1402.204 sets forth merit Proposed § 1402.207 lists specific inconsistent with international review requirements for competitive conditions that always apply to obligations of the United States or grants and cooperative agreements domestic for-profit entities and statutes or regulations of a foreign unless otherwise prohibited by Federal subawards. In addition to all other government. statute. This proposed section also applicable terms and conditions, Section 1402.102 is revised to further provides that it is important for DOI specific financial assistance award clarify that awards made in accordance bureaus and offices to create review terms and conditions proposed in with the Indian Self-Determination and systems for discretionary programs that § 1402.207(d) apply to foreign entities. Education Assistance Act (Pub. L. 93– are noncompetitive that consider Proposed § 1402.208 provides that 638, 88 Stat. 2204), as amended, are statutory or regulatory provisions and non-Federal entities are strictly governed by 25 CFR parts 900 and 1000, include a business evaluation, risk prohibited from using Federal funds and by 2 CFR part 200, subparts E and assessment, and other applicable under a grant or cooperative agreement F. This proposed regulation also government-wide pre-award for lobbying activities pursuant to 43 provides a process for requesting considerations. CFR part 18 and 31 U.S.C. 1352. exceptions to requirements of this part This proposed section also requires Subpart D includes proposed by foreign entities. pre-award considerations for both regulations that set forth post Federal The proposed revision to § 1402.103 discretionary competitive and award requirements. Section 1402.300 explains that non-Federal entities must noncompetitive awards to take into provides direction on relevant statutory follow bureau or office policies and account the alignment of the award’s and national policy requirements. This procedures as communicated in notices purpose, goals, and measurement with section provides that DOI bureaus and of funding opportunity (NOFOs) and the current DOI Government offices will communicate to the non- award terms and conditions. If such Performance and Results Act Strategic Federal entity all relevant public policy policies or procedures conflict with Plan. requirements, including those in general existing regulations at 2 CFR part 200 or Section 1402.204 also sets forth an appropriations provisions, and this part, then the regulations at 2 CFR expectation of maximum competition in incorporate them either directly or by part 200 or this part, when finalized, awarding discretionary funds, unless reference in the terms and conditions of will supersede, unless otherwise otherwise directed by Congress. The the Federal award. The proposed authorized by Federal statute. proposed rule also provides that when section makes clear that the non-Federal Proposed § 1402.112 sets forth grants and cooperative agreements are entity is responsible for complying with requirements related to conflicts of awarded competitively, the process will all requirements of the award, including interest that apply to recipients of be fair and impartial, that all applicants listed statutes and, in the case of financial assistance awards. The will be evaluated only on the criteria recipients conducting work outside the proposed rule would require the full stated in the announcement, and that no United States, those entities are text of language proposed in paragraphs applicant receives an unfair competitive responsible for coordinating with (a) through (f) in all NOFOs and advantage. The proposed rule also sets appropriate United States and foreign financial assistance awards. This section forth direction on developing an government authorities as necessary to is proposed in order to make clear to evaluation and selection plan which make sure all required licenses, permits, non-Federal entities that they must should be finalized prior to the release or approvals are obtained before appropriately address prohibited of a notice of funding opportunity undertaking project activities. In

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addition, direction in this section is 24.102(c), land or interests in land that recipient’s negotiated indirect cost rate provided to DOI bureaus and offices will be acquired under the award must agreement, if the recipient has a regarding compliance with the ‘‘World be appraised in accordance with the federally negotiated indirect cost rate Heritage Convention,’’ if an undertaking Uniform Appraisal Standards for agreement; or, the modified total direct outside of the United States may Federal Land Acquisitions (UASFLA or cost (MTDC) base, in cases where the directly and adversely affect a property the ‘‘Yellow Book’’), which is recipient does not have a federally that is on the World Heritage List or the incorporated by reference, by a real negotiated indirect cost rate agreement applicable country’s equivalent of the property appraiser licensed or certified or, with prior approval of the awarding National Register of Historic Places. by the state or states in which the bureau or office, when the recipient’s Finally, the proposed section provides property is located and that the federally negotiated indirect cost rate that foreign entities are responsible for appraisal report shall be reviewed by a agreement base is only a subset of the complying with all requirements of the qualified review appraiser that meets MTDC (such as salaries and wages) and Federal award and provides a non- qualifications established by the DOI the use of the MTDC still results in an exhaustive list of requirements. Appraisal and Valuation Services Office overall reduction in the total indirect Proposed § 1402.315 sets forth (AVSO). Requirements are also set forth cost recovered. requirements for availability of data that in this section for foreign land Proposed § 1402.414(d) provides that implement Secretary’s Order 3369, acquisition. in cases where the recipient does not ‘‘Promoting Open Science,’’ dated Proposed § 1402.329 also sets forth have a federally negotiated indirect cost October 18, 2018. The proposed direction that for all financial assistance rate agreement, the Department will not requirements in this section rely on actions where real property, as defined use a modified rate based upon total existing regulatory provisions found at 2 in this proposed rule, is acquired under direct cost or other base not identified CFR 200.315(d) to achieve the goals set the Federal award, the recipient must in the federally negotiated indirect cost forth in section 4b(3) of the Secretary’s submit reports on the status of the real rate agreement or defined within 2 CFR Order to provide the American people property as required by 2 CFR 200.329. 200.68. with enough information to thoughtfully If the interest in real property will be Section 1402.414(d) goes on to and substantively evaluate the data, held for less than 15 years, reports must provide direction on indirect cost rate methodology, and analysis used by the be submitted annually; otherwise the deviation required by statute or Department. To accomplish these goals, recipient must submit the first report regulation, indirect cost rate reductions the section provides that DOI bureaus within one year of the period of used as cost-share, programmatic and offices shall specifically require performance end date of the award and indirect cost rate deviation approval under the terms of any award, the then, at a minimum every five years process, voluntary indirect cost rate ability to publicly release associated thereafter. The proposed rule also sets reduction, and unrecovered indirect data, defined as including scientific forth who should receive the reports, costs. data, methodology, factual inputs, the required format, contents, and Incorporation by Reference: The models, analyses, technical information, timing for such reports. purpose of the Uniform Appraisal or other scientific assessments in any Proposed § 1402.414 would establish Standards for Federal Land Acquisitions medium or form, including textual, DOI policy, procedures, and general (Yellow Book) is to promote fairness, numerical, graphic, cartographic, decision-making criteria for deviations uniformity, and efficiency in the narrative, or audiovisual, subject to from negotiated indirect cost rates appraisal of real property in federal applicable laws. This provision would applicable to all Federal financial acquisitions. The same goals of apply to all grants, cooperative assistance programs awarded and uniformity, efficiency, and fair agreements, or other similar agreement administered within DOI. The proposed treatment of those affected by public between any Bureau, Office, or other regulatory text sets forth procedures and projects underlie the Uniform organization of the Department and any criteria for using an indirect cost rate Relocation Assistance and Real Property other than the non-Federal entity’s third party and would not be limited to Acquisition Policies Act of 1970 which negotiated rate. The goal of this section rulemaking. applies to federal acquisitions as well as Section 1402.329 proposes is to provide consistent direction within many state and local government requirements for land acquired under an the Department on negotiated indirect acquisitions involving federal funds. award. The proposed regulation cost rate deviations to ensure The Yellow Book is available in hard provides that prior to land purchases compliance with the Uniform Guidance. copy or interactive electronic format bureaus and offices must ensure Existing provisions of 2 CFR from The Appraisal Foundation at compliance with the prior written 200.414(c) require Federal agencies to http://www.appraisalfoundation.org/ approval requirements for land accept federally negotiated indirect cost imis/TAF/Yellow_Book.aspx or from the acquisition in existing 2 CFR 200.439. rates. Federal agencies may use a rate Whenever a recipient is seeking DOI different from the negotiated rate for a U.S. Department of Justice at https:// approval to use award funds to purchase class of awards or a single Federal www.justice.gov/file/408306/download. Invitation to Comment: The an interest in real property, OMB- award only when required by Federal Department of the Interior is inviting approved government-wide data statute or regulation, or when approved elements must be submitted to the by a Federal awarding agency head or comments concerning the proposed responsible bureau or office. For this delegatee based upon documented sections. provision, the Financial Assistance justification described within 2 CFR II. Required Determinations Officer is responsible for ensuring 200.414(c)(3). compliance. Furthermore, all aspects of For all deviations to the Federal 1. Regulatory Planning and Review the purchase must be in compliance negotiated indirect cost rate, including (Executive Orders 12866 and 13563) with applicable laws and regulations statutory, regulatory, programmatic, and Executive Order (E.O.) 12866 provides relating to purchases of land or interests voluntary, the proposed rule provides that the OMB’s Office of Information in land. The proposed section also that the basis of direct costs against and Regulatory Affairs will review all requires that unless a waiver valuation which the indirect cost rate is applied significant rules. The Office of applies in accordance with 49 CFR must be: The same base identified in the Information and Regulatory Affairs has

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determined that this rule is not (c) This proposed regulation would recognized Indian tribes and that significant. clarify the applicability of two existing consultation under the Department’s Executive Order 13563 reaffirms the regulations—the regulatory requirement tribal consultation policy is not principles of E.O. 12866, calling for for reporting under 2 CFR 200.329— required. improvements in the nation’s regulatory Reporting on Real Property, and the 9. Paperwork Reduction Act, 44 U.S.C. system to promote predictability, to regulatory language establishing use of 3501, et seq. reduce uncertainty, and to use the best, the Uniform Appraisal Standards for most innovative, and least burdensome Federal Land Acquisitions (UASFLA or This regulation will require the use of tools for achieving regulatory objectives. ‘‘Yellow Book’’) standard under 49 CFR the SF 429 to fulfill the requirement in E.O. 13563 directs agencies to consider 24.103—to financial assistance actions 2 CFR 200.329. Each Bureau will submit regulatory approaches that reduce at the Department of the Interior. This a request for common form usage to the burdens and maintain flexibility and proposed regulation establishes a Office of Management and Budget for freedom of choice for the public, where permitted standard for appraisals under use of SF 429—Real Property Status these approaches are relevant, feasible, 49 CFR 24.103 and specifies the Report—Cover Page, SF 429A—Real and consistent with regulatory required timing increments of reports Property Status Report—Attachment objectives. under 2 CFR 200.329. A—General Reporting, and SF 429B— A statement containing the Real Property Status Report— 2. Regulatory Flexibility Act information required by the Unfunded Attachment B—Request to Acquire, This proposed rule will not have a Mandates Reform Act (2 U.S.C. 1531 et Improve, or Furnish. significant economic effect on a seq.) is not required. substantial number of small entities 10. National Environmental Policy Act under the Regulatory Flexibility Act (5 5. Takings (E.O. 12630) This proposed rule would not U.S.C. 601 et seq.). The Department of Under the criteria in section 2 of E.O. constitute a major Federal action the Interior generally does not award 12630, this rule does not have significantly affecting the quality of the grants to small businesses. The vast significant takings implications. It does human environment. A detailed majority of Interior grants are awarded not impose any obligations on the statement under the National to States, local governments, and not- public that would result in a taking. A Environmental Policy Act of 1969 for-profit organizations. takings implication assessment is not (NEPA) is not required. Pursuant to required. Department Manual 516 DM 2.3A(2), 3. Small Business Regulatory section 1.10 of 516 DM 2, Appendix 1 Enforcement Fairness Act 6. Federalism (E.O. 13132) excludes from documentation in an This proposed rule is not a major rule Under the criteria in section 1 of E.O. environmental assessment or impact under the Small Business Regulatory 13132, this rule does not have sufficient statement ‘‘policies, directives, Enforcement Fairness Act (5 U.S.C. Federalism implications to warrant the regulations and guidelines of an 804(2)). This rule: preparation of a Federalism summary administrative, financial, legal, (a) Does not have an annual effect on impact statement. This is because it technical or procedural nature; or the the economy of $100 million or more. would not substantially and directly environmental effects of which are too The Department of the Interior generally affect the relationship between the broad, speculative or conjectural to lend does not award grants to small Federal and state governments. themselves to meaningful analysis and businesses. Accordingly, a Federalism summary will be subject to the NEPA process, (b) Will not cause a major increase in impact statement is not required. either collectively or case-by-case.’’ costs or prices for consumers, individual industries, Federal, State, or 7. Civil Justice Reform (E.O. 12988) 11. Effects on the Energy Supply (E.O. local government agencies, or This rule complies with the 13211) geographic regions. requirements of E.O. 12988. This rule is not a significant energy (c) Does not have significant adverse Specifically, this rule: action under the definition in E.O. effects on competition, employment, (a) Meets the criteria of section 3(a) of 13211; therefore, a Statement of Energy investment, productivity, innovation, or this E.O. requiring that all regulations be Effects is not required. the ability of U.S.-based enterprises to reviewed to eliminate errors and compete with foreign-based enterprises. ambiguity and be written to minimize 12. Plain Language This rule establishes regulations for DOI litigation; and We are required by section 1(b)(12) of financial assistance. DOI financial (b) Meets the criteria of section 3(b)(2) E.O. 12866 and Section 3(b)(1)(B) of assistance is typically offered to States, of this E.O. requiring that all regulations E.O. 12988 and by the Presidential local governments and not-for-profit be written in clear language and contain Memorandum of June 1, 1998, to write institutions. It would not affect business clear legal standards. all rules in plain language. This means relationships, employment, investment, 8. Consultation With Indian Tribes (E.O. that each rule we publish must: (a) Be logically organized; productivity, innovations, or the ability 13175) of U.S.-based enterprises to compete (b) Use the active voice to address internationally. The Department of the Interior strives readers directly; to strengthen its government-to- (c) Use common, everyday words and 4. Unfunded Mandates Reform Act government relationship with Indian clear language rather than jargon; This rule: tribes through a commitment to (d) Be divided into short sections and (a) Does not impose an unfunded consultation and recognition of their sentences; and mandate on state, local, or tribal right to self-governance and tribal (e) Use lists and tables wherever governments or the private sector of sovereignty. We have evaluated this rule possible. more than $100 million per year. under the Department’s consultation If you feel that we have not met these (b) Does not have a significant or policy and under the criteria in E.O. requirements, please contact the person unique effect on State, local, or tribal 13175 and have determined that it has listed in the FOR FURTHER INFORMATION governments, or the private sector. no substantial direct effect on federally CONTACT section of this preamble.

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List of Subjects in 2 CFR Part 1402 PART 1402—FINANCIAL ASSISTANCE § 1402.2 Data. INTERIOR REGULATION, Data includes scientific data, Accounting, Administrative practice SUPPLEMENTING THE UNIFORM methodology, factual inputs, models, and procedure, Adult education, Aged, ADMINISTRATIVE REQUIREMENTS, analyses, technical information, or other Agriculture, American Samoa, Bilingual COST PRINCIPLES, AND AUDIT scientific assessments in any medium or education, Blind, Business and REQUIREMENTS FOR FEDERAL form, including textual, numerical, industry, Civil rights, Colleges and AWARDS graphic, cartographic, narrative, or universities, Communications, audiovisual. Community development, Community Subpart A—Definitions facilities, Copyright, Credit, Cultural Sec. § 1402.3 Employment. exchange programs, Educational 1402.1 Definitions. Employment includes any form of facilities, Educational research, 1402.2 Data. non-Federal employment or business 1402.3 Employment. Education, Education of disadvantaged, relationship involving the provision of 1402.4 Financial Assistance Officer. personal services by the employee, Education of individuals with 1402.5 Foreign entity. disabilities, Educational study whether to be undertaken at the same 1402.6 Non-Federal entity. time as, or subsequent to Federal programs, Electric power, Electric 1402.7 Real property. employment. It includes but is not power rates, Electric utilities, Subpart B—General Provisions limited to personal services as an Elementary and secondary education, officer, director, employee, agent, Energy conservation, Equal educational 1402.100 Purpose. 1402.101 To whom does this part apply? attorney, consultant, contractor, general opportunity, Federally affected areas, 1402.102 Are there any exceptions to this partner, or trustee of the other Government contracts, Grant programs, part? organization. Grant programs—agriculture, Grant 1402.103 What other policies or procedures programs—business, Grant programs— must non-Federal entities follow? § 1402.4 Financial Assistance Officer. communications, Grant programs— 1402.104–1402.111 [Reserved] Financial Assistance Officer means a education, Grant programs—energy, 1402.112 What are the conflict of interest person with the authority to enter into, Grant programs—health, Grant policies? administer, and/or terminate financial 1402.113 What are the mandatory assistance awards (including grants and programs—housing and community disclosure requirements? development, Grant programs—social 1402.114–1402.203 [Reserved] cooperative agreements); and make programs, Grants administration, Guam, related determinations and findings. Subpart C—Pre-Federal Award Home improvement, Homeless, Requirements and Contents of Federal § 1402.5 Foreign entity. Hospitals, Housing, Human research Awards Foreign entity means both ‘‘foreign subjects, Indians, Indians—education, 1402.204 What are the merit review public entity’’ and ‘‘foreign Infants and children, Insurance, requirements for competitive awards? organization,’’ as defined in 2 CFR Intergovernmental relations, 1402.205 [Reserved] 200.46 and 200.47. International organizations, Inventions 1402.206 What are the FAIR requirements and patents, Loan programs, Loan for domestic for-profit entities? § 1402.6 Non-Federal entity. programs social programs, Loan 1402.207 What specific conditions apply? Non-Federal entity means a state, programs—agriculture, Loan programs— 1402.208 What are the lobbying disclosure local government, Indian tribe, and certification requirements? business and industry, Loan programs— institution of higher education (IHE), 1402.209–1402.299 [Reserved] communications, Loan programs— for-profit entity, or nonprofit energy, Loan programs—health, Loan Subpart D—Post Federal Award organization that carries out a Federal programs—housing and community Requirements award as a recipient or subrecipient. 1402.300 What are the statutory and development, Manpower training § 1402.7 Real property. national policy requirements? programs, Migrant labor, Mortgage Real property has the same meaning insurance, Nonprofit organizations, 1402.301–1402.314 [Reserved] 1402.315 What are the requirements for the as set forth in 2 CFR 200.85, except that Northern Mariana Islands, Pacific availability of data? the definition in this section also Islands Trust Territories, Privacy, 1402.316–1402.328 [Reserved] applies to interests in land such as Renewable energy, Reporting and 1402.329 What are the requirements for easements. recordkeeping requirements, Rural land acquired under an award? areas, Scholarships and fellowships, 1402.330–1402.413 [Reserved] Subpart B—General Provisions School construction, Schools, Science 1402.414 What are the negotiated indirect cost rate deviation policies? § 1402.100 Purpose. and technology, Securities, Small 1402.415–1402.999 [Reserved] (a) The Uniform Administrative businesses, State and local governments, Requirements, Cost Principles, and Student aid, Teachers, Authority: 5 U.S.C. 301 and 2 CFR part 200. Audit Requirements for Federal Awards Telecommunications, Telephone, Urban set forth in 2 CFR part 200 apply to the areas, Veterans, Virgin Islands, Subpart A—Definitions Department of the Interior. This part Vocational education, Vocational § 1402.1 Definitions. adopts, as the Department of the Interior rehabilitation, Waste treatment and (DOI) policies and procedures, the disposal, Water pollution control, Water The definitions in this subpart are for Office of Management and Budget’s resources, Water supply, Watersheds, terms used in this part. For terms used (OMB) Uniform Administrative Women. in this part that are not defined, the Requirements, Cost Principles, and definitions in 2 CFR part 200 apply. Audit Requirements set forth in 2 CFR ■ For the reasons set forth in the Different definitions may be found in part 200. The Uniform Guidance applies preamble, the Department of the Interior Federal statutes or regulations that in full except as stated in this part. proposes to revise 2 CFR part 1402 to apply more specifically to particular (b) This part establishes DOI financial read as follows: programs or activities. assistance regulations that implement or

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supplement the OMB’s Uniform 638, 88 Stat. 2204), as amended, are (iii) Section 6002 of the Solid Waste Guidance. It is designed to ensure that governed by 25 CFR parts 900 and 1000, Disposal Act. See 2 CFR 200.322, financial assistance is administered in and by 2 CFR part 200, subparts E and Procurement of recovered materials. full compliance with applicable law, F. regulation, policy, and best practices to § 1402.103 What other policies or (b) Exceptions for individual foreign procedures must non-Federal entities ensure the American people get the entities to the requirements in this part follow? most value from the money DOI spends may be authorized by the Director, Non-Federal entities must follow on financial assistance. For Office of Grants Management. Such bureau or office policies and procedures supplemental guidance, DOI has exceptions must be made in accordance as communicated in notices of funding adopted section numbering that with written bureau or office policy and opportunity (NOFOs) and award terms corresponds to related OMB guidance in procedures. and conditions. In the event such 2 CFR part 200. (1) Foreign entities must request any (c) This part extends 2 CFR part 200, policies or procedures conflict with 2 exception to a requirement established CFR part 200 or this part, 2 CFR part subpart A through E, policies and in this part in writing. Such requests procedures to foreign public entities and 200 or this part will supersede, unless must be submitted to the funding otherwise authorized by Federal statute. foreign organizations as allowed by 2 bureau or office by an authorized CFR 200.101, except as indicated official of the foreign entity, and must §§ 1402.104–1402.111 [Reserved] throughout this part. provide sufficient pertinent background information, including: § 1402.112 What are the conflict of interest § 1402.101 To whom does this part apply? policies? (a) This part applies to all DOI grant- (i) Identification of the requirement under this part that is inconsistent with This section shall apply to all non- making activities and to any non- Federal entities. NOFOs and financial Federal entity that applies for, receives, an in-country statute or regulation to which the foreign entity is subject; assistance awards must include the full operates, or expends funds from a DOI text of the conflict of interest provisions (ii) A complete description of the in- Federal award after [EFFECTIVE DATE in paragraphs (a) through (f) of this country statute or regulation, including OF THE FINAL RULE], unless otherwise section. authorized by Federal statute. a description of how it prohibits or otherwise limits the foreign entity’s (a) Applicability. (1) This section (b) This part applies to foreign entity intends to ensure that non-Federal applicants and recipients, except where ability to comply with the identified requirement under this part; and entities and their employees take the DOI office or bureau determines that appropriate steps to avoid conflicts of the application of this part would be (iii) Identification of the entity’s interest in their responsibilities under or inconsistent with the international name, DOI award(s) affected, and point with respect to Federal financial obligations of the United States or the of contact for the request. assistance agreements. statutes or regulations of a foreign (2) The Director, Office of Grants (2) In the procurement of supplies, government (see 2 CFR 1402.102). For Management may approve exceptions equipment, construction, and services the purposes of this part, the term for individual foreign entities to the by recipients and by subrecipients, the ‘‘foreign entities’’ means both ‘‘foreign requirements of this part only when it conflict of interest provisions in 2 CFR public entities’’ and ‘‘foreign has been determined that the 200.318 apply. organizations,’’ as those terms are requirement to be waived is inconsistent (b) Requirements. (1) Non-Federal defined in 2 CFR part 200. with either the international obligations entities must avoid prohibited conflicts (1) Foreign entities are subject to the of the United States or the statutes or of interest, including any significant definitions and requirements in 2 CFR regulations of a foreign government. financial interests that could cause a part 200, subparts A through E, and as Bureaus and offices will communicate reasonable person to question the supplemented by this part. In addition exception request decisions to the recipient’s ability to provide impartial, to the general requirements in 2 CFR requesting entity in writing. technically sound, and objective part 200, foreign entities must follow (3) Submissions by public performance under or with respect to a the special considerations and international organization submissions Federal financial assistance agreement. requirements for different classes of of any assurances, certifications or (2) In addition to any other recipients in subparts A through E as representations required for and related prohibitions that may apply with follows, unless otherwise instructed in to a Federal award do not constitute a respect to conflicts of interest, no key this part: waiver of immunities provided under official of an actual or proposed (i) Foreign public entities are to the International Organizations follow those for states, with the recipient or subrecipient, who is Immunities Act (22 U.S.C. 288–288f). substantially involved in the proposal or exception of the state payment (4) Foreign entities are not subject to procedures in 2 CFR 200.305(a). Foreign project, may have been a former Federal the following requirements in 2 CFR employee who, within the last one (1) public entities must follow the payment part 200: procedures for non-Federal entities year, participated personally and (i) Generally accepted accounting other than states; substantially in the evaluation, award, principles (GAAP). Foreign entities may (ii) Foreign nonprofit organizations or administration of an award with be subject to other applicable are to follow those for nonprofits; and respect to that recipient or subrecipient international or in-country alternatives (iii) Foreign higher education or in development of the requirement to GAAP, such as the International institutions are to follow those for leading to the funding announcement. Financial Reporting Standards (IFRS). Institutions of Higher Education (IHEs). (3) No actual or prospective recipient See 2 CFR 200.403, Factors affecting or subrecipient may solicit, obtain, or § 1402.102 Are there any exceptions to allowability of costs; use non-public information regarding this part? (ii) 2 CFR 200.321, Contracting with the evaluation, award, or administration (a) Awards made in accordance with small and minority businesses, women’s of an award to that recipient or the Indian Self-Determination and business enterprises, and labor surplus subrecipient or the development of a Education Assistance Act (Pub. L. 93– area firms; and Federal financial assistance opportunity

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that may be of competitive interest to §§ 1402.114–1402.203 [Reserved] level of applicant risk and past that recipient or subrecipient. performance, applications are ranked, Subpart C—Pre-Federal Award (c) Notification. (1) Non-Federal and funding determinations are made. Requirements and Contents of Federal (c) Evaluation and Selection Plan for entities, including applicants for Awards notice of funding opportunities. Bureaus financial assistance awards, must § 1402.204 What are the merit review and offices must develop an Evaluation disclose in writing any conflict of and Selection Plan in concert with the interest to the DOI awarding agency or requirements for competitive awards? The requirements in this section notice of funding opportunity (NOFO) pass-through entity in accordance with to ensure consistency, and to outline 2 CFR 200.112. apply to competitive grants and cooperative agreements unless and document the selection process. (2) Recipients must establish internal otherwise authorized by Federal statute. The Evaluation and Selection Plan controls that include, at a minimum, Merit review procedures must be should be finalized prior to the release procedures to identify, disclose, and described or incorporated by reference of the NOFO. An Evaluation and mitigate or eliminate identified conflicts in NOFOs (see 2 CFR part 200, appendix Selection Plan is comprised of five basic of interest. The recipient is responsible I, and 2 CFR 200.203). It is also elements: (1) Merit review factors and sub- for notifying the Financial Assistance important for DOI bureaus and offices to factors; Officer in writing of any conflicts of create review systems for interest that may arise during the life of (2) A rating system (e.g., adjectival, noncompetitively awarded discretionary color coding, numerical, or ordinal); the award, including those that have programs that consider statutory or (3) Evaluation standards or been reported by subrecipients. regulatory provisions, risk assessment, descriptions that explain the basis for (d) Restrictions on lobbying. Non- and other applicable government-wide assignment of the various rating system Federal entities are strictly prohibited pre-award considerations. Pre-award grades/scores; from using funds under a grant or considerations for both discretionary (4) Program policy factors; and cooperative agreement for lobbying competitive and noncompetitive awards (5) The basis for selection. activities and must provide the required shall take into account the alignment of (d) Basic review standards. Bureaus the award’s purpose, goals, and certifications and disclosures pursuant and offices must initially screen measurement with the current DOI to 43 CFR part 18 and 31 U.S.C. 1352. applications/proposals to ensure that Government Performance and Results they meet the standards in paragraphs (e) Review procedures. The Financial Act Strategic Plan including, the (e) through (g) of this section before they Assistance Officer will examine each mission statement, vision, values, goals, are subjected to a detailed evaluation conflict of interest disclosure on the objectives, strategies and performance utilizing a merit review process basis of its particular facts and the metrics therein. specified in paragraph (h) of this nature of the proposed grant or (a) Competition in grant and section. The review system should cooperative agreement, and will cooperative agreement awards. include three phases: Initial Screening, determine whether a significant Maximum competition is expected in Threshold Screening, and a Merit potential conflict exists and, if it does, awarding discretionary funds, unless Review Evaluation Screening. Bureaus develop an appropriate means for otherwise directed by Congress. When and offices may remove an application resolving it. grants and cooperative agreements are from funding consideration if it does not awarded competitively, DOI requires (f) Enforcement. Failure to resolve pass the basic eligibility screening per that the competitive process be fair and paragraphs (e) through (g) of this conflicts of interest in a manner that impartial, that all applicants be section. satisfies the government may be cause evaluated only on the criteria stated in (e) Completeness. Bureaus and offices for termination of the award. Failure to the announcement, and that no may return applications/proposals that make required disclosures may result in applicant receive an unfair competitive are incomplete or otherwise fail to meet any of the remedies described in 2 CFR advantage. All competitive funding the requirements of the Grants.gov 200.338, Remedies for noncompliance, announcements, and all modifications/ announcement to the applicant to be including suspension or debarment (see amendments to those announcements, corrected, modified, or supplemented, also 2 CFR part 180). must be posted on Grants.gov or may reject the application/proposal (www.grants.gov). outright. Until the application/proposal § 1402.113 What are the mandatory (b) Independent objective evaluation disclosure requirements? meets the substantive requirements of of financial assistance applications and the announcement and this part, it shall In addition to the disclosures required proposals. Bureaus and offices must not be given detailed evaluation. under 2 CFR 200.112 and 200.113, non- conduct reviews of applications Bureaus and offices may use discretion Federal entities, including applicants submitted in response to the to determine the length of time for for all Federal awards, must disclose in announcement and for selecting applicants to resolve application writing any potential or actual conflict applicants for award following deficiencies. of interest to the DOI awarding agency established merit review procedures. (f) Timeliness. Bureaus and offices or pass-through entity. Non-Federal Bureaus and offices must conduct must consider the timeliness of the entities and applicants must also comprehensive, impartial, and objective application submission. Applications disclose any outstanding unresolved review of applications based on the that are submitted beyond the criteria contained in the announcement matters with the Government announced deadline date must be by individuals who have no conflicts of Accountability Office or an Office of removed from the review process. interest with respect to the competing (g) Threshold Screening. Bureaus and Inspector General when submitting a proposal/applications or applicants. offices are responsible for screening proposal and through the life of the Bureaus and offices must ensure applications and proposals for the award as needed. reviewers are qualified, applications are adequacy of the budget and compliance scored on the basis of announced with statutory and other requirements. criteria, consideration is given to the The SF–424 and budget information

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(SF–424A, SF–424C, or OMB-approved § 1402.205 [Reserved] (7) 41 U.S.C. 4712, Whistleblower Protection for Contractor and Grantee alternate budget data collection) must be § 1402.206 What are the FAIR reviewed according to Department of requirements for domestic for-profit Employees. The requirement in this the Interior policy. entities? paragraph (a)(7) applies to all awards issued after July 1, 2013. (h) Merit Review Evaluation (a) Requirements for domestic for- Screening. This is the final review stage profit entities. (1) Section 1402.207(a) (8) 41 U.S.C. 6306, Prohibition on where the technical merit of the contains standard award terms and Members of Congress Making Contracts application/proposal is reviewed. In the conditions that always apply to for- with the Federal Government. No absence of a program rule or statutory profit entities and § 1402.207(b) member of or delegate to the United States Congress or Resident requirement, program officials shall contains terms that apply to sub-awards Commissioner shall be admitted to any develop criteria that include all aspects or contracts with for-profit entities over share or part of this award, or to any of technical merit. Bureaus and offices the simplified acquisition threshold. benefit that may arise therefrom; this shall develop criteria that are Bureaus and offices must incorporate into awards to domestic for-profit paragraph (a)(8) shall not be construed conceptually independent of each other, to extend to an award made to a but all-encompassing when taken organizations the award terms and conditions that always apply, either corporation for the public’s general together. While criteria will vary, the benefit. basic criteria shall focus reviewers’ directly or by reference. (2) Bureaus and offices may apply the (9) Executive Order 13513, Federal attention on the project’s underlying administrative guidelines in subparts A Leadership on Reducing Text Messaging merit (i.e., significance, approach, and through D of 2 CFR part 200, the cost while Driving. Recipients are feasibility). The criteria shall focus not principles at 48 CFR part 31, subpart encouraged to adopt and enforce only on the technical details of the 31.2, and the procedures for negotiating policies that ban text messaging while proposed project but also on the broader indirect costs (detailed in § 1402.414) to driving, including conducting initiatives importance or potential impact of the domestic for-profit entities. of the type described in section 3(a) of project. The criteria shall be easily (3) Depending on the nature of a the Executive Order. understood. particular program, offices and bureaus (b) The recipient shall insert the (i) Risk assessments. Bureaus and may additionally develop program- following clause in all subawards and offices must also consider risk specific administrative guidelines for contracts related to the prime award that thresholds during application/proposal domestic for-profits based on the are over the simplified acquisition review process. Elements to be requirements in 2 CFR part 200, threshold, as defined in the Federal considered may include organization; subparts A through D, but may not Acquisition Regulation: single audit submissions, past apply more restrictive requirements All awards and related subawards and performance; availability of necessary than the requirements in 2 CFR part contracts over the Simplified Acquisition resources, equipment, or facilities; 200, subparts A through D, unless Threshold, and all employees working on financial strength and management approved by OMB through a request to applicable awards and related subawards and capabilities; and procurement the Director, Office of Grants contracts, are subject to the whistleblower Management. rights and remedies in accordance with the procedures; or procedures for selecting (b) Requirements for award terms and pilot program on award recipient employee and monitoring subrecipients or sub- conditions. Bureau and office award whistleblower protections established at 41 vendors, if applicable. For all non- terms and conditions must be managed U.S.C. 4712 by section 828 of the National Federal entities that receive an award, Defense Authorization Act for Fiscal Year in accordance with the requirements in 2013 (Pub. L. 112–239). the Financial Assistance Officer must 2 CFR 200.210, Information contained document the risk analysis. Recipients, their subrecipients and in a Federal award. contractors that are awarded contracts over (j) Requirements for proposal the Simplified Acquisition Threshold related § 1402.207 What specific conditions evaluators. Upon receipt of a to an applicable award, shall inform their apply? Memorandum of Appointment, each employees, in writing, in the predominant proposal evaluator and advisor must (a) The following financial assistance language of the workforce, of the employee whistleblower rights and protections under sign and return a Conflict of Interest award terms and conditions always apply to domestic for-profit entities: 41 U.S.C. 4712. Certificate to the Financial Assistance (1) 2 CFR part 25, Universal Identifier Officer. If an actual or potential conflict (c) The following award terms and and System for Award Management. of interest exists, the appointee may not conditions apply to for-profit recipients (2) 2 CFR part 170, Reporting as specified in 2 CFR 200.101: evaluate or provide advice on a Subawards and Executive potential applicant’s proposal until the Compensation Information. (1) Administrative requirements: 2 conflict has been resolved or mitigated. (3) 2 CFR part 175, Award Term for CFR part 200, subparts A through D. Further, each proposal evaluator or Trafficking in Persons. (2) Cost principles: 48 CFR part 31, advisor must agree to comply with any (4) 2 CFR part 1400, government-wide subpart 31.2, Contracts with notice or limitation placed on the debarment and suspension (non- Commercial Organizations. application. Upon completion of the procurement). (3) Indirect cost rate negotiations. For review, the proposal evaluator or (5) 2 CFR part 1401, Requirements for information on indirect cost rate advisor shall return or destroy all copies Drug-Free Workplace (Financial negotiations, contact the Interior of the application and accompanying Assistance). Business Center (IBC) Indirect Cost proposals (or abstracts) to DOI; and (6) 43 CFR part 18, New Restrictions Services Division by telephone at (916) unless authorized by the Financial on Lobbying. Submission of an 566–7111 or by email at [email protected]. Assistance Officer or agency designee, application also represents the Visit the IBC Indirect Cost Services the reviewer shall not contact the non- applicant’s certification of the Division website at http://www.doi.gov/ Federal entity concerning any aspect of statements in 43 CFR part 18, appendix ibc/services/Indirect_Cost_Services/ the application. A, Certification Regarding Lobbying. index.cfm for more information.

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§ 1402.208 What are the lobbying purposes of avoiding or mitigating any scientific assessments in any medium or disclosure and certification requirements? adverse effect. form, including textual, numerical, Non-Federal entities are strictly (e) Foreign entities are responsible for graphic, cartographic, narrative, or prohibited from using funds under a complying with all requirements of the audiovisual. grant or cooperative agreement for Federal award. For awards to foreign (c) The Federal Government has the lobbying activities, and must provide entities, this includes: right to: the required certifications and (1) 2 CFR part 25, Universal Identifier (1) Obtain, reproduce, publish, or disclosures pursuant to 43 CFR part 18 and System for Award Management, otherwise use the data produced under and 31 U.S.C. 1352. unless the entity meets one or more a Federal award; and qualifying conditions and is exempted (2) Authorize others to receive, §§ 1402.210–1402.399 [Reserved] by the awarding bureau or office as reproduce, publish, or otherwise use Subpart D—Post Federal Award provided for in 2 CFR part 25; such data for Federal purposes, Requirements (2) 2 CFR part 170, Reporting including to allow for meaningful third- Subaward and Executive Compensation party evaluation and reproduction. § 1402.300 What are the statutory and Information; (d) Bureaus and offices of the national policy requirements? (3) 2 CFR part 175, Award Term for Department of the Interior must include (a) DOI bureaus and offices will Trafficking in Persons. This term is the language in paragraphs (a), (b), and communicate to the non-Federal entity required in awards to foreign private (c) of this section in full text in all all relevant public policy requirements, entities. The term is also required in NOFOs and financial assistance including those in general awards to foreign public entities, if agreements. funding could be provided under the appropriations provisions, and § § 1402.316–1042.328 [Reserved] incorporate them either directly or by award to a foreign private entity as a reference in the terms and conditions of subrecipient; § 1402.329 What are the requirements for the Federal award. (4) 2 CFR part 1400, Nonprocurement land acquired under an award? (b) The non-Federal entity is Debarment and Suspension. Awards to (a) Approval prior to land purchases. responsible for complying with all foreign organizations are covered Bureaus and offices must ensure requirements of the Federal award. For transactions under the DOI compliance with the prior written all Federal awards, this includes the nonprocurement debarment and approval requirements for land provisions of Federal Funding suspension program. Awards to foreign acquisition in 2 CFR 200.439. Whenever Accountability and Transparency Act public entities are not covered a recipient is seeking DOI’s approval to (FFATA), which includes requirements transactions; use award funds to purchase an interest on executive compensation, and also (5) 43 CFR part 18, New Restrictions in real property, the OMB-approved requirements implementing the FFATA on Lobbying. Foreign entities shall file governmentwide data elements for for the non-Federal entity at 2 CFR part the 43 CFR part 18, appendix A, collection of real property reporting 25, financial assistance use of universal certification, and a disclosure form, if information, as of [EFFECTIVE DATE identifier and system for award required, with each application for OF THE FINAL RULE], SF–429–B, management, and 2 CFR part 170, Federal assistance. See also 31 U.S.C. Request to Acquire, Improve, or Reporting Subaward and Executive 1352, Limitation on use of appropriated Furnish, or approved alternate Compensation Information. See also funds to influence certain Federal standardized data collection, must be statutory requirements for contracting and financial transactions; submitted to the bureau or office. The whistleblower protections at 10 U.S.C. and Financial Assistance Officer is 2409, 41 U.S.C. 4712, and 10 U.S.C. (6) Public Law 113–235 (128 Stat. responsible for ensuring that this 2324, 41 U.S.C. 4304 and 4310. 2391, Dec. 16, 2014). Federal award requirement is met. All aspects of the (c) Recipients conducting work recipients are prohibited from requiring purchase must be in compliance with outside the United States are employees or contractors seeking to applicable laws and regulations relating responsible for coordinating with report fraud, waste, or abuse to sign to purchases of land or interests in land. appropriate United States and foreign internal confidentiality agreements or (b) Appraisal requirements for land government authorities as necessary to statements prohibiting or otherwise purchases. Unless a waiver valuation make sure all required licenses, permits, restricting such employees or applies in accordance with 49 CFR or approvals are obtained before contractors from lawfully reporting such 24.102(c), land or interests in land that undertaking project activities. DOI does waste, fraud, or abuse to a designated will be acquired under the award must not assume responsibility for recipient investigative or law enforcement be appraised in accordance with the compliance with the laws, regulations, representative of a Federal department Uniform Appraisal Standards for policies, or procedures of the foreign or agency authorized to receive such Federal Land Acquisitions, 6th Edition, country in which the work is information. dated December 6, 2016 (UASFLA or conducted. § § 1402.301–1402.314 [Reserved] the ‘‘Yellow Book’’) by a real property (d) As required in 54 U.S.C. 307101, appraiser licensed or certified by the World Heritage Convention, prior to the § 1402.315 What are the requirements for state or states in which the property is approval of any undertaking outside the availability of data? located. The appraisal report shall be United States that may directly and (a) All data resulting from a financial reviewed by a qualified review adversely affect a property that is on the assistance agreement is available for use appraiser that meets qualifications World Heritage List or on the applicable by the Department of the Interior, established by the DOI Appraisal and country’s equivalent of the National including being available in a manner Valuation Services Office (AVSO), Register of Historic Places, the DOI that is sufficient for independent which is responsible for appraisal and bureau or office having direct or indirect verification. valuation services and policy across the jurisdiction over the undertaking shall (b) Data includes scientific data, Department. Bureaus and offices shall take into account the effect of the methodology, factual inputs, models, ensure that funds are not disbursed for undertaking on the property for analyses, technical information, or other purchases of land or interests in land

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without an appraisal accompanied by a (2) If the interest in the land will be (b) DOI accepts indirect cost rates that written appraisal review report that held for less than 15 years, reports must have been reduced or removed complies with standards approved by be submitted annually. If the interest in voluntarily by the proposed recipient of AVSO. Where appraisals are required to the land will be held for 15 years or the award, on an award-specific basis. support federally assisted land more, then the recipient must submit (c) For all deviations to the Federal acquisitions, AVSO has oversight the first report within one year of the negotiated indirect cost rate, including responsibilities for these appraisals, period of performance end date of the statutory, regulatory, programmatic, and including those purchased through award and then, at a minimum, every voluntary, the basis of direct costs financial assistance actions in the five years thereafter. against which the indirect cost rate is various grant programs within the (3) The reports must be submitted to applied must be: Department. AVSO will coordinate with the Financial Assistance Officer within (1) The same base identified in the grant programs to conduct periodic the period of performance of the award. recipient’s negotiated indirect cost rate internal control review of appraisal and After the end of the period of agreement, if the recipient has a appraisal review reports prepared in performance, reports must be submitted federally negotiated indirect cost rate conjunction with grant applications for to a designated individual. Each bureau agreement; or land acquisition. The Director of the must have a process in place to (2) The Modified Total Direct Cost Federal Register approves the designate specific individuals to (MTDC) base, in cases where the incorporation by reference of the Yellow receive, and review and accept the recipient does not have a federally Book in accordance with 5 U.S.C. 552(a) report. negotiated indirect cost rate agreement and 1 CFR part 51. You may obtain a (4) Recipients must use the OMB- or, with prior approval of the awarding print copy or interactive electronic approved governmentwide data bureau or office, when the recipient’s version from The Appraisal Foundation elements for collection of real property federally negotiated indirect cost rate at https://www.appraisalfoundation.org/ reporting information, as of [EFFECTIVE agreement base is only a subset of the iMIS/itemDetail?iProductCode=351& DATE OF THE FINAL RULE], the Real MTDC (such as salaries and wages) and Category=PUB or a read-only version Property Status Report Standard Form the use of the MTDC still results in an from the U.S. Department of Justice at (SF) 429–A, General Reporting, to report overall reduction in the total indirect https://www.justice.gov/file/408306/ status of land or interests in land under cost recovered. MTDC is the base download. You may inspect a copy at Federal financial assistance awards. defined by 2 CFR 200.68, Modified the Appraisal and Valuation Services Bureaus or offices may request to use an Total Direct Cost (MTDC). (d) In cases where the recipient does Office within the Department of the equivalent reporting format. The not have a federally negotiated indirect Interior located at 1840 C St. NW, Director, Office of Grants Management cost rate agreement, DOI will not use a Washington, DC 20240 or at the must approve alternate equivalent modified rate based upon total direct National Archives and Records formats. cost or other base not identified in the Administration (NARA). For (5) Reports must include, at a federally negotiated indirect cost rate information on the availability of this minimum, sufficient information to agreement or defined within 2 CFR material at NARA, call 202–741–6030, demonstrate that all conditions imposed 200.68. or go to www.archives.gov/federal- on the land use are being met, and a register/cfr/ibr-locations.html. (1) Indirect cost rate deviation signed certification to that fact by the required by statute or regulation. In (c) Foreign land acquisition. Land to recipient of the financial assistance be acquired under an award that is accordance with 2 CFR 200.414(c)(1), a award. Federal agency must use a rate other located outside the United States must (6) The Financial Assistance Officer be appraised by an independent real than the Federal negotiated rate where must indicate the reporting schedule, required by Federal statute or property appraiser licensed or certified including due dates, in the award in the country in which the property is regulation. For such instances within document. The schedule must conform DOI, the official award file must located in accordance with any in- with the frequency required in country appraisal standards, if they document the specific statute or paragraph (d)(2) of this section. For regulation that required the deviation. exist, or with International Valuation awards issued prior to [EFFECTIVE Standards, when such appraisals are (2) Indirect cost rate reductions used DATE OF THE FINAL RULE], the available and financially feasible. as cost-share. Instances where the recipient must contact the program to Otherwise, the non-Federal entity must recipient elects to use a rate lower than establish due dates for reports going use the most widely accepted business the federally negotiated indirect cost forward. If there is already a reporting practice for property valuation in the rate, and uses the balance of the schedule in place, then the recipient country where the property is located unrecovered indirect costs to meet a and the program shall ensure that the and provide to the awarding DOI bureau cost-share or matching requirement schedule is updated to conform with or office a detailed explanation of the required by the program and/or statute, this part prior to the due date of the next methodology used to determine value. are not considered a deviation from 2 (d) Requirements for recipient scheduled report. CFR 200.414(c), as the federally reporting on real property purchases. (1) §§ 1402.330–1402.413 [Reserved] negotiated indirect cost rate is being For all financial assistance actions applied under the agreement in order to where real property is acquired under § 1402.414 What are the negotiated meet the terms and conditions of the the Federal award, the recipient must indirect cost rate deviation policies? award. submit reports on the status of the real (a) This section establishes DOI (3) Programmatic indirect cost rate property. Bureaus and offices must policies, procedures, and decision deviation approval process. Bureaus ensure recipients receive written making criteria for using an indirect cost and offices with DOI approved notification of those reporting rate that differs from the non-Federal deviations in place prior to [EFFECTIVE requirements, including reporting entity’s negotiated rate or approved rate DATE OF THE FINAL RULE] are not frequency/schedule, report content for DOI awards. These are established in required to resubmit those for requirements, and submission accordance with 2 CFR 200.414(c)(3) or reconsideration following the instructions, at the time of award. 200.414(f). procedures in this paragraph (d)(3). The

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following requirements apply for DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for review, approval, and posting of and locating Docket No. FAA–2019– programmatic indirect cost rate waivers: Federal Aviation Administration 0120; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday (i) Program qualifications. Programs 14 CFR Part 39 that have instituted a program-wide through Friday, except Federal holidays. The AD docket contains this NPRM, the requirement and governance process for [Docket No. FAA–2019–0120; Product regulatory evaluation, any comments deviations from federally negotiated Identifier 2018–NM–167–AD] received, and other information. The indirect cost rates may qualify for a RIN 2120–AA64 street address for Docket Operations programmatic deviation approval. Airworthiness Directives; Bombardier, (phone: 800–647–5527) is in the (ii) Deviation requests. Deviation Inc., Airplanes ADDRESSES section. Comments will be requests must be submitted by the available in the AD docket shortly after responsible senior program manager to AGENCY: Federal Aviation receipt. the DOI Office of Grants Management. Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: The request for deviation approval must ACTION: Notice of proposed rulemaking Kristopher Greer, Aerospace Engineer, include a description of the program, (NPRM). Aviation Safety Section AIR–7B1, and the governance process for Boston ACO Branch, FAA, 1200 District SUMMARY: We propose to adopt a new negotiating and/or communicating to airworthiness directive (AD) for certain Avenue, Burlington, MA 01803; recipients the indirect cost rate Bombardier, Inc., Model DHC–8–400 telephone 781–238–7799. requirements under the program. The series airplanes. This proposed AD was SUPPLEMENTARY INFORMATION: program must make its governance prompted by a report of a cracked Comments Invited documentation, rate deviations, and outboard spoiler actuator mounting other program information publicly bracket. This proposed AD would We invite you to send any written available. require repetitive inspections of the relevant data, views, or arguments about this proposal. Send your comments to (iii) Approvals. Programmatic outboard spoiler actuator mounting an address listed under the ADDRESSES deviations must be approved, in writing, brackets, replacement of any cracked section. Include ‘‘Docket No. FAA– by the Director, Office of Grants bracket, and eventual replacement of all brackets with a re-designed part that 2019–0120; Product Identifier 2018– Management. Approved deviations will NM–167–AD’’ at the beginning of your be made publicly available. would terminate the repetitive inspections. We are proposing this AD comments. We specifically invite (4) Voluntary indirect cost rate to address the unsafe condition on these comments on the overall regulatory, reduction. On any single award, an products. economic, environmental, and energy applicant and/or proposed recipient DATES: We must receive comments on aspects of this NPRM. We will consider may elect to reduce or eliminate the this proposed AD by May 6, 2019. all comments received by the closing date and may amend this NPRM indirect cost rate applied to costs under ADDRESSES: You may send comments, because of those comments. that award. The election must be using the procedures found in 14 CFR We will post all comments we voluntary and cannot be required by the 11.43 and 11.45, by any of the following receive, without change, to http:// awarding official, NOFO, program, or methods: other non-statutory or non-regulatory • Federal eRulemaking Portal: Go to www.regulations.gov, including any requirements. For these award-specific http://www.regulations.gov. Follow the personal information you provide. We and voluntary reductions, DOI can instructions for submitting comments. will also post a report summarizing each accept the lower rate provided the • Fax: 202–493–2251. substantive verbal contact we receive notice of award clearly documents the • Mail: U.S. Department of about this NPRM. recipient’s voluntary election. Once DOI Transportation, Docket Operations, M– Discussion 30, West Building Ground Floor, Room has accepted the lower rate, that rate Transport Canada Civil Aviation will apply for the duration of the award. W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. (TCCA), which is the aviation authority (5) Unrecovered indirect costs. In • Hand Delivery: Deliver to Mail for Canada, has issued Canadian AD accordance with 2 CFR 200.405, indirect address above between 9 a.m. and 5 CF–2018–21R1, effective November 1, costs not recovered due to deviations to p.m., Monday through Friday, except 2018 (referred to after this as the the federally negotiated rate are not Federal holidays. Mandatory Continuing Airworthiness allowable for recovery via any other For service information identified in Information, or ‘‘the MCAI’’), to correct means. this NPRM, contact Bombardier, Inc., Q- an unsafe condition for certain Series Technical Help Desk, 123 Garratt Bombardier, Inc., Model DHC–8–400 § § 1402.415–1402.499 [Reserved] Boulevard, Toronto, Ontario M3K 1Y5, series airplanes. The MCAI states: Susan Combs, Canada; telephone 416–375–4000; fax During a scheduled aileron inspection, a 416–375–4539; email thd.qseries@ crack was found in the right-hand outboard Senior Advisor to the Secretary, exercising aero.bombardier.com; internet http:// spoiler bracket of an in-service aircraft. An the authority of the Assistant Secretary for investigation concluded that the crack was Policy Management and Budget. www.bombardier.com. You may view this service information at the FAA, caused by low load, high cycle fatigue. A [FR Doc. 2019–05239 Filed 3–20–19; 8:45 am] Transport Standards Branch, 2200 cracked bracket could cause inoperability or BILLING CODE 4334–63–P jam of a single spoiler panel and possible jam South 216th St., Des Moines, WA. For of the aileron circuit. This condition, if not information on the availability of this corrected, could adversely affect the material at the FAA, call 206–231–3195. continued safe operation and landing of the Examining the AD Docket aeroplane. The original version of this [Canadian] AD You may examine the AD docket on required initial and repetitive inspections of the internet at http:// the outboard spoiler brackets, and required

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replacement of any brackets found cracked. November 9, 2017. This service referenced above. We are proposing this It also required replacement of the brackets information describes procedures for AD because we evaluated all the with a new design, which terminates the repetitively inspecting the left and right relevant information and determined inspection requirement. Revision 1 of this [Canadian] AD is issued outboard spoiler actuator mounting the unsafe condition described to correct an error in the date of Service brackets for cracks, replacing cracked previously is likely to exist or develop Bulletin (SB) 84–27–72 Revision A. This brackets, and eventually replacing all on other products of the same type [Canadian] AD also clarifies the part numbers brackets with re-designed parts, and design. of the outboard spoiler actuator brackets and related investigative and corrective their assemblies. actions. Proposed Requirements of This NPRM This service information is reasonably The bracket replacement includes This proposed AD would require related investigative actions (inspecting available because the interested parties accomplishing the actions specified in for damage of the fastener holes in the have access to it through their normal the service information described rear spar web) and corrective actions course of business or by the means (oversizing holes or other repair). You identified in the ADDRESSES section. previously. may examine the MCAI in the AD FAA’s Determination Costs of Compliance docket on the internet at http:// www.regulations.gov by searching for This product has been approved by We estimate that this proposed AD and locating Docket No. FAA–2019– the aviation authority of another affects 53 airplanes of U.S. registry. We 0120. country, and is approved for operation estimate the following costs to comply in the United States. Pursuant to our with this proposed AD: Related Service Information Under 1 bilateral agreement with the State of CFR Part 51 Design Authority, we have been notified Bombardier has issued Service of the unsafe condition described in the Bulletin 84–27–72, Revision A, dated MCAI and service information

ESTIMATED COSTS FOR REQUIRED ACTIONS

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

20 work-hours × $85 per hour = $1,700 ...... $4,142 $5,842 $309,626

We have received no definitive data and Airworthiness Division, but during List of Subjects in 14 CFR Part 39 that would enable us to provide cost this transition period, the Executive Air transportation, Aircraft, Aviation estimates for the on-condition actions Director has delegated the authority to safety, Incorporation by reference, specified in this proposed AD. issue ADs applicable to transport Safety. Authority for This Rulemaking category airplanes and associated appliances to the Director of the System The Proposed Amendment Title 49 of the United States Code Oversight Division. Accordingly, under the authority specifies the FAA’s authority to issue delegated to me by the Administrator, rules on aviation safety. Subtitle I, Regulatory Findings the FAA proposes to amend 14 CFR part section 106, describes the authority of 39 as follows: the FAA Administrator. Subtitle VII: We determined that this proposed AD Aviation Programs, describes in more would not have federalism implications PART 39—AIRWORTHINESS detail the scope of the Agency’s under Executive Order 13132. This DIRECTIVES authority. proposed AD would not have a We are issuing this rulemaking under substantial direct effect on the States, on ■ 1. The authority citation for part 39 the authority described in Subtitle VII, the relationship between the national continues to read as follows: Part A, Subpart III, Section 44701: Government and the States, or on the Authority: 49 U.S.C. 106(g), 40113, 44701. ‘‘General requirements.’’ Under that distribution of power and § 39.13 [Amended] section, Congress charges the FAA with responsibilities among the various ■ promoting safe flight of civil aircraft in levels of government. 2. The FAA amends § 39.13 by adding air commerce by prescribing regulations the following new airworthiness For the reasons discussed above, I directive (AD): for practices, methods, and procedures certify this proposed regulation: the Administrator finds necessary for Bombardier, Inc.: Docket No. FAA–2019– safety in air commerce. This regulation 1. Is not a ‘‘significant regulatory 0120; Product Identifier 2018–NM–167– is within the scope of that authority action’’ under Executive Order 12866; AD. because it addresses an unsafe condition 2. Is not a ‘‘significant rule’’ under the (a) Comments Due Date that is likely to exist or develop on DOT Regulatory Policies and Procedures We must receive comments by May 6, products identified in this rulemaking (44 FR 11034, February 26, 1979); 2019. action. 3. Will not affect intrastate aviation in This proposed AD is issued in (b) Affected ADs accordance with authority delegated by Alaska; and None. the Executive Director, Aircraft 4. Will not have a significant (c) Applicability economic impact, positive or negative, Certification Service, as authorized by This AD applies to Bombardier, Inc., FAA Order 8000.51C. In accordance on a substantial number of small entities Model DHC–8–400, –401, and –402 with that order, issuance of ADs is under the criteria of the Regulatory airplanes, certificated in any category, Serial normally a function of the Compliance Flexibility Act. Numbers 4001 through 4547 inclusive,

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having outboard spoiler actuator brackets have not already been replaced per the (2) Contacting the Manufacturer: For any with part numbers 85714052–101 or requirements of paragraph (h)(1) of this AD: requirement in this AD to obtain corrective 85714052–102. Replace both the left and right brackets with actions from a manufacturer, the action must new bracket assemblies having P/N be accomplished using a method approved (d) Subject 85714018–003 or P/N 85714018–004, by the Manager, New York ACO Branch, Air Transport Association (ATA) of including doing all applicable related FAA; or TCCA; or Bombardier, Inc.’s TCCA America Code 57, Wings. investigative actions and corrective actions, DAO. If approved by the DAO, the approval (e) Reason at the applicable time specified in paragraph must include the DAO-authorized signature. (h)(2)(i) or (h)(2)(ii) of this AD, in accordance (l) Related Information This AD was prompted by a report of a with Section 3.B, Part B, of the cracked outboard spoiler actuator mounting Accomplishment Instructions of Bombardier (1) Refer to Mandatory Continuing bracket. We are issuing this AD to address Service Bulletin 84–27–72, Revision A, dated Airworthiness Information (MCAI) Canadian cracking of the outboard spoiler actuator November 9, 2017; except, where the service AD CF–2018–21R1, effective November 1, mounting brackets, which could cause information specifies contacting Bombardier 2018, for related information. This MCAI inoperability or jam of a single spoiler panel for corrective action, this AD requires may be found in the AD docket on the and possible jam of the aileron circuit. This accomplishing the action using a method internet at http://www.regulations.gov by condition, if not corrected, could adversely approved by the Manager, New York ACO searching for and locating Docket No. FAA– affect the continued safe operation and Branch, FAA; or TCCA; or Bombardier, Inc.’s 2019–0120. landing of the airplane. TCCA DAO. If approved by the DAO, the (2) For more information about this AD, (f) Compliance approval must include the DAO-authorized contact Kristopher Greer, Aerospace Engineer, Aviation Safety Section AIR–7B1, Comply with this AD within the signature. Related investigative and corrective actions must be done before Boston ACO Branch, FAA, 1200 District compliance times specified, unless already Avenue, Burlington, MA 01803; telephone done. further flight. (i) For airplanes that have accumulated less 781–238–7799. (g) Repetitive Inspections than 34,000 total flight hours as of the (3) For information about AMOCs, contact At the applicable time specified in effective date of this AD: Replace the Aziz Ahmed, Aerospace Engineer, FAA, New paragraph (g)(1) or (g)(2) of this AD: Do a outboard spoiler actuator mounting brackets York ACO Branch, 1600 Stewart Avenue, general visual inspection for cracks in the left prior to the airplane accumulating 40,000 Suite 410, Westbury, New York 11590; and right outboard spoiler actuator mounting total flight hours. telephone: 516–287–7329; fax: 516–794– brackets having part number (P/N) (ii) For airplanes that have accumulated 5531; email: [email protected]. 85714052–101 or 85714052–102 (belonging 34,000 total flight hours or more as of the (4) For service information identified in to assemblies having P/N 85714018–001 or P/ effective date of this AD: Replace the this AD, contact Bombardier, Inc., Q-Series N 85714018–002, respectively), in outboard spoiler actuator mounting brackets Technical Help Desk, 123 Garratt Boulevard, accordance with Section 3.B, Part A, of the within 6,000 flight hours after the effective Toronto, Ontario M3K 1Y5, Canada; Accomplishment Instructions of Bombardier date of this AD. telephone 416–375–4000; fax 416–375–4539; Service Bulletin 84–27–72, Revision A, dated email [email protected]; (i) Terminating Action for Repetitive November 9, 2017. Repeat the inspection internet http://www.bombardier.com. You Inspections thereafter at intervals not to exceed 8,000 may view this service information at the flight hours. Replacement of an outboard spoiler FAA, Transport Standards Branch, 2200 (1) For airplanes having less than 12,000 actuator mounting bracket, in accordance South 216th St., Des Moines, WA. For total flight hours as of the effective date of with the requirements of paragraph (h) of this information on the availability of this this AD: Prior to the accumulation of 18,000 AD, is terminating action for the repetitive material at the FAA, call 206–231–3195. total flight hours. inspections required by paragraph (g) of this Issued in Des Moines, Washington, on (2) For airplanes having 12,000 total flight AD for the replaced bracket. March 13, 2019. hours or more as of the effective date of this (j) Credit for Previous Actions Dionne Palermo, AD: Within 6,000 flight hours after the effective date of this AD. This paragraph provides credit for the Acting Director, System Oversight Division, actions required by paragraphs (g) and (h) of Aircraft Certification Service. (h) Part Replacement this AD, if those actions were performed [FR Doc. 2019–05209 Filed 3–20–19; 8:45 am] (1) If, during any inspection required by before the effective date of this AD using BILLING CODE 4910–13–P paragraph (g) of this AD, either the left or Bombardier Service Bulletin 84–27–72, dated right outboard spoiler actuator mounting January 19, 2017. bracket is found cracked: Before further (k) Other FAA AD Provisions DEPARTMENT OF TRANSPORTATION flight, replace both the left and right brackets The following provisions also apply to this with new bracket assemblies having P/N Federal Aviation Administration 85714018–003 or P/N 85714018–004, AD: including doing all applicable related (1) Alternative Methods of Compliance investigative actions and corrective actions, (AMOCs): The Manager, New York ACO 14 CFR Part 71 in accordance with Section 3.B, Part B, of the Branch, FAA, has the authority to approve [Docket No. FAA–2019–0140; Airspace Accomplishment Instructions of Bombardier AMOCs for this AD, if requested using the Docket No. 19–ASO–3] Service Bulletin 84–27–72, Revision A, dated procedures found in 14 CFR 39.19. In November 9, 2017; except, where the service accordance with 14 CFR 39.19, send your RIN 2120–AA66 information specifies contacting Bombardier request to your principal inspector or local for corrective action, this AD requires Flight Standards District Office, as Proposed Amendment of Class E accomplishing the action using a method appropriate. If sending information directly Airspace, Fort Payne, AL approved by the Manager, New York ACO to the manager of the certification office, Branch, FAA; or Transport Canada Civil send it to ATTN: Program Manager, AGENCY: Federal Aviation Aviation (TCCA); or Bombardier, Inc.’s TCCA Continuing Operational Safety, FAA, New Administration (FAA), DOT. Design Approval Organization (DAO). If York ACO Branch, 1600 Stewart Avenue, approved by the DAO, the approval must Suite 410, Westbury, NY 11590; telephone ACTION: Notice of proposed rulemaking include the DAO-authorized signature. 516–228–7300; fax 516–794–5531. Before (NPRM). (2) If, during any inspection required by using any approved AMOC, notify your paragraph (g) of this AD, no cracking is found appropriate principal inspector, or lacking a SUMMARY: This action proposes to on the left and right outboard spoiler actuator principal inspector, the manager of the local amend Class E airspace extending mounting brackets, and the left and right flight standards district office/certificate upward from 700 feet above the surface outboard spoiler actuator mounting brackets holding district office. in Isbell Field Airport, Fort Payne, AL,

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to accommodate airspace Subtitle VII, Aviation Programs, internet at http://www.regulations.gov. reconfiguration due to the describes in more detail the scope of the Recently published rulemaking decommissioning of the Fort Payne non- agency’s authority. This rulemaking is documents can also be accessed through directional radio beacon and promulgated under the authority the FAA’s web page at http:// cancellation of the NDB approach. described in Subtitle VII, Part A, www.faa.gov/air_traffic/publications/ Controlled airspace is necessary for the Subpart I, Section 40103. Under that airspace_amendments/. safety and management of instrument section, the FAA is charged with You may review the public docket flight rules (IFR) operations at this prescribing regulations to assign the use containing the proposal, any comments airport. This action also would update of airspace necessary to ensure the received and any final disposition in the airport name and geographic safety of aircraft and the efficient use of person in the Dockets Office (see the coordinates of this airport. In addition, airspace. ADDRESSES section for address and this action would update the name and This regulation is within the scope of phone number) between 9:00 a.m. and geographic coordinates of Dekalb that authority as it would amend Class 5:00 p.m., Monday through Friday, Regional Medical Center Heliport, E airspace at Isbell Field Airport, and except federal holidays. An informal which is contained within the legal Dekalb Regional Medical Center docket may also be examined between description of the Isbell Field Airport Heliport, Fort Payne, AL to support IFR 8:00 a.m. and 4:30 p.m., Monday airspace. operations in the area. through Friday, except federal holidays DATES: Comments must be received on Comments Invited at the office of the Eastern Service Center, Federal Aviation or before May 6, 2019. Interested persons are invited to Administration, Room 350, 1701 ADDRESSES: Send comments on this comment on this proposed rulemaking Columbia Avenue, College Park, GA proposal to: the U.S. Department of by submitting such written data, views, 30337. Transportation, Docket Operations, 1200 or arguments, as they may desire. New Jersey Avenue SE, West Building Comments that provide the factual basis Availability and Summary of Ground Floor, Room W12–140, supporting the views and suggestions Documents for Incorporation by Washington, DC 20590–0001; presented are particularly helpful in Reference Telephone: (800) 647–5527, or (202) developing reasoned regulatory This document proposes to amend 366–9826. You must identify the Docket decisions on the proposal. Comments FAA Order 7400.11C, Airspace No. FAA–2019–0140; Airspace Docket are specifically invited on the overall Designations and Reporting Points, No. 19–ASO–3, at the beginning of your regulatory, aeronautical, economic, dated August 13, 2018, and effective comments. You may also submit environmental, and energy-related September 15, 2018. FAA Order comments through the internet at http:// aspects of the proposal. 7400.11C is publicly available as listed www.regulations.gov. Communications should identify both in the ADDRESSES section of this FAA Order 7400.11C, Airspace docket numbers (Docket No. FAA– document. FAA Order 7400.11C lists Designations and Reporting Points, and 2019–0140 and Airspace Docket No. 19– Class A, B, C, D, and E airspace areas, subsequent amendments can be viewed ASO–3) and be submitted in triplicate to _ air traffic service routes, and reporting on line at http://www.faa.gov/air DOT Docket Operations (see ADDRESSES points. traffic/publications/. For further section for the address and phone information, you can contact the number). You may also submit The Proposal Airspace Policy Group, Federal Aviation comments through the internet at http:// The FAA proposes an amendment to Administration, 800 Independence www.regulations.gov. Avenue SW, Washington, DC, 20591; Persons wishing the FAA to Title 14 Code of Federal Regulations (14 telephone: (202) 267–8783. The Order is acknowledge receipt of their comments CFR) part 71 to amend Class E airspace also available for inspection at the on this action must submit with those extending upward from 700 feet or more National Archives and Records comments a self-addressed stamped above the surface at Isbell Field Airport, Administration (NARA). For postcard on which the following Fort Payne, AL, by increasing the airport information on the availability of FAA statement is made: ‘‘Comments to FAA radius to 10.6 miles (from 7.4 miles), Order 7400.11C at NARA, call (202) Docket No. FAA–2019–0140; Airspace eliminating the northwest extension of 741–6030, or go to https:// Docket No. 19–ASO–3.’’ The postcard the airport, and creating a 13.5-mile www.archives.gov/federal-register/cfr/ will be date/time stamped and returned extension southwest of the airport, to ibr-locations.html. to the commenter. accommodate airspace reconfiguration FAA Order 7400.11, Airspace All communications received before due to the decommissioning of the Fort Designations and Reporting Points, is the specified closing date for comments Payne NDB and cancellation of the NDB published yearly and effective on will be considered before taking action approach. This action would also September 15. on the proposed rule. The proposal remove the city name below the FOR FURTHER INFORMATION CONTACT: John contained in this document may be description header, to comply with FAA Fornito, Operations Support Group, changed in light of the comments Order 7400.2M, Procedures for Eastern Service Center, Federal Aviation received. All comments submitted will Handling Airspace Matters; removing Administration, 1701 Columbia Avenue, be available for examination in the the city associated with the airport from College Park, GA 30337; telephone (404) public docket both before and after the the airspace legal description. 305–6364. comment closing date. A report The airspace redesign would enhance SUPPLEMENTARY INFORMATION: summarizing each substantive public the safety and management of IFR contact with FAA personnel concerned operations at the airport. The geographic Authority for This Rulemaking with this rulemaking will be filed in the coordinates of the airport would be The FAA’s authority to issue rules docket. adjusted to coincide with the FAA’s regarding aviation safety is found in aeronautical database. Also, the name Title 49 of the United States Code. Availability of NPRMs and geographic coordinates of Dekalb Subtitle I, Section 106 describes the An electronic copy of this document Regional Medical Center Heliport, authority of the FAA Administrator. may be downloaded through the (formerly Dekalb Medical Center) would

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be updated to coincide with the FAA’s effective September 15, 2018, is DATES: Comments must be received on aeronautical database. amended as follows: or before May 6, 2019. Class E airspace designations are Paragraph 6005 Class E Airspace Areas ADDRESSES: Send comments on this published in Paragraph 6005 of FAA Extending Upward From 700 Feet or More proposal to the U.S. Department of Order 7400.11C, dated August 13, 2018, Above the Surface of the Earth. Transportation, Docket Operations, and effective September 15, 2018, which * * * * * West Building Ground Floor, Room is incorporated by reference in 14 CFR W12–140, 1200 New Jersey Avenue SE, 71.1. The Class E airspace designation ASO AL E5 Fort Payne, AL [Amended] Washington, DC 20590; telephone (202) listed in this document will be Isbell Field Airport, AL 366–9826, or (800) 647–5527. You must published subsequently in the Order. (Lat. 34°28′25″ N, long. 85°43′17″ W) identify FAA Docket No. FAA–2019– Dekalb Regional Medical Center Heliport, AL Regulatory Notices and Analyses ° ′ ″ ° ′ ″ 0110; Airspace Docket No. 19–ASW–3, (Lat. 34 26 32 N, long. 85 45 21 W) at the beginning of your comments. You The FAA has determined that this That airspace extending upward from 700 may also submit comments through the proposed regulation only involves an feet above the surface within a 10.6-mile internet at http://www.regulations.gov. established body of technical radius of the Isbell Field Airport, and within You may review the public docket regulations for which frequent and 4 miles each side of the 220° bearing from the containing the proposal, any comments routine amendments are necessary to airport, extending from the 10.6-mile radius keep them operationally current. It, to 13.6 miles southwest of the airport, and received, and any final disposition in therefore: (1) Is not a ‘‘significant that airspace within a 6-mile radius of Dekalb person in the Dockets Office between regulatory action’’ under Executive Regional Medical Center Heliport. 9:00 a.m. and 5:00 p.m., Monday Order 12866; (2) is not a ‘‘significant Issued in College Park, Georgia, on March through Friday, except federal holidays. FAA Order 7400.11C, Airspace rule’’ under DOT Regulatory Policies 8, 2019. Designations and Reporting Points, and and Procedures (44 FR 11034; February Ryan W. Almasy, subsequent amendments can be viewed 26, 1979); and (3) does not warrant Manager, Operations Support Group, Eastern online at http://www.faa.gov/air_traffic/ preparation of a Regulatory Evaluation Service Center, Air Traffic Organization. publications/. For further information, as the anticipated impact is so minimal. [FR Doc. 2019–04787 Filed 3–20–19; 8:45 am] you can contact the Airspace Policy Since this is a routine matter that will BILLING CODE 4910–13–P Group, Federal Aviation only affect air traffic procedures and air Administration, 800 Independence navigation, it is certified that this Avenue SW, Washington, DC 20591; proposed rule, when promulgated, will DEPARTMENT OF TRANSPORTATION telephone: (202) 267–8783. The Order is not have a significant economic impact also available for inspection at the on a substantial number of small entities Federal Aviation Administration National Archives and Records under the criteria of the Regulatory Administration (NARA). For Flexibility Act. 14 CFR Part 71 information on the availability of FAA Environmental Review [Docket No. FAA–2019–0110; Airspace Order 7400.11C at NARA, call (202) This proposal will be subject to an Docket No. 19–ASW–3] 741–6030, or go to http:// environmental analysis in accordance www.archives.gov/federal-register/cfr/ RIN 2120–AA66 with FAA Order 1050.1F, ibr-locations.html. ‘‘Environmental Impacts: Policies and FAA Order 7400.11, Airspace Proposed Amendment of the Class D Designations and Reporting Points, is Procedures’’ prior to any FAA final and Class E Airspace; Tulsa, OK regulatory action. published yearly and effective on AGENCY: Federal Aviation September 15. Lists of Subjects in 14 CFR Part 71 Administration (FAA), DOT. FOR FURTHER INFORMATION CONTACT: Airspace, Incorporation by reference, ACTION: Notice of proposed rulemaking Jeffrey Claypool, Federal Aviation Navigation (air). (NPRM). Administration, Operations Support The Proposed Amendment Group, Central Service Center, 10101 SUMMARY: This action proposes to Hillwood Parkway, Fort Worth, TX In consideration of the foregoing, the amend the Class D airspace and Class E 76177; telephone (817) 222–5711. Federal Aviation Administration airspace extending upward from 700 SUPPLEMENTARY INFORMATION: proposes to amend 14 CFR part 71 as feet above the surface at Richard Lloyd follows: Jones Jr. Airport, Tulsa, OK, and the Authority for This Rulemaking Class E airspace extending upward from The FAA’s authority to issue rules PART 71—DESIGNATION OF CLASS A, 700 feet above the surface at William R. regarding aviation safety is found in B, C, D, AND E AIRSPACE AREAS; AIR Pogue Municipal Airport, Sand Springs, Title 49 of the United States Code. TRAFFIC SERVICE ROUTES; AND OK, which is contained within the Subtitle I, Section 106 describes the REPORTING POINTS Tulsa, OK, airspace legal description. authority of the FAA Administrator. ■ 1. The authority citation for part 71 The FAA is proposing this action as the Subtitle VII, Aviation Programs, continues to read as follows: result of the decommissioning of the describes in more detail the scope of the Glenpool VHF omnidirectional range agency’s authority. This rulemaking is Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, (VOR) navigation aid, which provided promulgated under the authority 1959–1963 Comp., p. 389. navigation information for the described in Subtitle VII, Part A, instrument procedures at these airports, Subpart I, Section 40103. Under that § 71.1 [Amended] as part of the VOR Minimum section, the FAA is charged with ■ 2. The incorporation by reference in Operational Network (MON) Program. prescribing regulations to assign the use 14 CFR 71.1 of Federal Aviation The geographic coordinates of the of airspace necessary to ensure the Administration Order 7400.11C, Richard Lloyd Jones Jr. Airport would safety of aircraft and the efficient use of Airspace Designations and Reporting also be updated to coincide with the airspace. This regulation is within the Points, dated August 13, 2018, and FAA’s aeronautical database. scope of that authority as it would

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amend the Class D airspace and Class E Operations Support Group, 10101 airspace legal description to comply airspace extending upward from 700 Hillwood Parkway, Fort Worth, TX with FAA Order 7400.2M. feet above the surface at Richard Lloyd 76177. This action is the result of an airspace Jones Jr. Airport, Tulsa, OK, and the review caused by the decommissioning Availability and Summary of Class E airspace extending upward from of the Glenpool VOR, which provided Documents for Incorporation by 700 feet above the surface at William R. navigation information for the Reference Pogue Municipal Airport, Sand Springs, instrument procedures at these airports, OK, to support instrument flight rule This document proposes to amend as part of the VOR MON Program. operations at these airports. FAA Order 7400.11C, Airspace Class D and E airspace designations Designations and Reporting Points, are published in paragraph 5000 and Comments Invited dated August 13, 2018, and effective 6005, respectively, of FAA Order Interested parties are invited to September 15, 2018. FAA Order 7400.11C, dated August 13, 2018, and participate in this proposed rulemaking 7400.11C is publicly available as listed effective September 15, 2018, which is by submitting such written data, views, in the ADDRESSES section of this incorporated by reference in 14 CFR or arguments, as they may desire. document. FAA Order 7400.11C lists 71.1. The Class D and E airspace Comments that provide the factual basis Class A, B, C, D, and E airspace areas, designations listed in this document supporting the views and suggestions air traffic service routes, and reporting will be published subsequently in the presented are particularly helpful in points. Order. developing reasoned regulatory The Proposal Regulatory Notices and Analyses decisions on the proposal. Comments are specifically invited on the overall The FAA is proposing an amendment The FAA has determined that this regulatory, aeronautical, economic, to Title 14 Code of Federal Regulations regulation only involves an established environmental, and energy-related (14 CFR) part 71 by: body of technical regulations for which aspects of the proposal. Amending the Class D airspace at frequent and routine amendments are Communications should identify both Richard Lloyd Jones Jr. Airport, Tulsa, necessary to keep them operationally docket numbers and be submitted in OK, by removing the Glenpool VOR/ current, is non-controversial and triplicate to the address listed above. DME and the associated extension to the unlikely to result in adverse or negative Commenters wishing the FAA to south of the airport from the airspace comments. It, therefore: (1) Is not a acknowledge receipt of their comments legal description; adding an extension 1 ‘‘significant regulatory action’’ under on this notice must submit with those mile each side of the 193° bearing from Executive Order 12866; (2) is not a comments a self-addressed, stamped the Richard Lloyd Jones Jr.: RWY 01L– ‘‘significant rule’’ under DOT postcard on which the following LOC extending from the 4-mile radius to Regulatory Policies and Procedures (44 statement is made: ‘‘Comments to 4.1 miles south of the airport; updating FR 11034; February 26, 1979); and (3) Docket No. FAA–2019–0110/Airspace the location in the header of the does not warrant preparation of a Docket No. 19–ASW–3.’’ The postcard airspace legal description to Tulsa, OK regulatory evaluation as the anticipated will be date/time stamped and returned (previously Tulsa Richard Lloyd Jones impact is so minimal. Since this is a to the commenter. Jr. Airport, OK), to comply with FAA routine matter that will only affect air All communications received before Order 7400.2M, Procedures for traffic procedures and air navigation, it the specified closing date for comments Handling Airspace Matters; removing is certified that this rule, when will be considered before taking action the city associated with the airport from promulgated, would not have a on the proposed rule. The proposal the airspace legal description to comply significant economic impact on a contained in this notice may be changed with FAA Order 7400.2M; updating the substantial number of small entities in light of the comments received. A geographic coordinates of the airport to under the criteria of the Regulatory report summarizing each substantive coincide with the FAA’s aeronautical Flexibility Act. public contact with FAA personnel database; and would make an editorial Environmental Review concerned with this rulemaking will be change replacing the outdated term filed in the docket. ‘‘Airport/Facility Directory’’ with ‘‘Chart This proposal will be subject to an Supplement’’; environmental analysis in accordance Availability of NPRMs Amending the Class E airspace with FAA Order 1050.1F, An electronic copy of this document extending upward from 700 feet above ‘‘Environmental Impacts: Policies and may be downloaded through the the surface to within a 6.5-mile radius Procedures’’ prior to any FAA final internet at http://www.regulations.gov. (increasing from a 6.4-mile radius) of regulatory action. Recently published rulemaking Richard Lloyd Jones Jr. Airport; and List of Subjects in 14 CFR Part 71 documents can also be accessed through removing the city associated with the the FAA’s web page at http:// airport from the airspace legal Airspace, Incorporation by reference, www.faa.gov/air_traffic/publications/ description to comply with FAA Order Navigation (air). airspace_amendments/. 7400.2M; The Proposed Amendment You may review the public docket And amending the Class E airspace Accordingly, pursuant to the containing the proposal, any comments extending upward from 700 feet above authority delegated to me, the Federal received, and any final disposition in the surface to within a 6.5-mile radius Aviation Administration proposes to person in the Dockets Office (see the (decreasing from a 7.2-mile radius) of amend 14 CFR part 71 as follows: ‘‘ADDRESSES’’ section for the address the William R. Pogue Municipal and phone number) between 9:00 a.m. Airport, Sand Springs, OK; removing PART 71—DESIGNATION OF CLASS A, and 5:00 p.m., Monday through Friday, the Glenpool VOR/DME and the B, C, D, AND E AIRSPACE AREAS; AIR except federal holidays. An informal associated extension northwest of the TRAFFIC SERVICE ROUTES; AND docket may also be examined during William R. Pogue Municipal Airport REPORTING POINTS normal business hours at the Federal from the Tulsa, OK, from the airspace Aviation Administration, Air Traffic legal description; and removing the city ■ 1. The authority citation for 14 CFR Organization, Central Service Center, associated with the airport from the part 71 continues to read as follows:

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Authority: 49 U.S.C. 106(f), 106(g); 40103, DEPARTMENT OF TRANSPORTATION www.archives.gov/federal-register/cfr/ 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, ibr-locations.html. 1959–1963 Comp., p. 389. Federal Aviation Administration FAA Order 7400.11, Airspace § 71.1 [Amended] Designations and Reporting Points, is 14 CFR Part 71 ■ 2. The incorporation by reference in published yearly and effective on 14 CFR 71.1 of FAA Order 7400.11C, [Docket No. FAA–2019–0134; Airspace September 15. Airspace Designations and Reporting Docket No. 19–ASO–5] FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Points, dated August 13, 2018, and RIN 2120–AA66 effective September 15, 2018, is Administration, Operations Support amended as follows: Proposed Amendment of the Class E Group, Central Service Center, 10101 Airspace; Portland, TN Hillwood Parkway, Fort Worth, TX Paragraph 5000 Class D Airspace. 76177; telephone (817) 222–5711. * * * * * AGENCY : Federal Aviation SUPPLEMENTARY INFORMATION: ASW OK D Tulsa, OK [Amended] Administration (FAA), DOT. Authority for This Rulemaking Richard Lloyd Jones Jr. Airport, OK ACTION: Notice of proposed rulemaking (Lat. 36°02′23″ N, long. 95°59′05″ W) (NPRM). The FAA’s authority to issue rules Richard Lloyd Jones Jr.: RWY 01L–LOC regarding aviation safety is found in SUMMARY: (Lat. 36°02′52″ N, long. 95°59′07″ W) This action proposes to Title 49 of the United States Code. amend the Class E airspace extending That airspace extending upward from the Subtitle I, Section 106 describes the surface to and including 3,100 feet MSL upward from 700 feet above the surface authority of the FAA Administrator. within a 4-mile radius of Richard Lloyd Jones at Portland Municipal Airport, Portland, Subtitle VII, Aviation Programs, Jr. Airport, and within 1 mile each side of the TN. The FAA is proposing this action as ° describes in more detail the scope of the 193 bearing from the Richard Lloyd Jones Jr.: the result of the decommissioning of the agency’s authority. This rulemaking is RWY 01L–LOC extending from the 4-mile Bowling Green VHF omnidirectional promulgated under the authority radius to 4.1 miles south of the airport, range (VOR) navigation aid, which excluding that airspace within the Tulsa described in Subtitle VII, Part A, provided navigation information for the Subpart I, Section 40103. Under that International Airport, OK, Class C airspace instrument procedures at this airport, as area. This Class D airspace area is effective section, the FAA is charged with during the specific dates and times part of the VOR Minimum Operational prescribing regulations to assign the use established in advance by a Notice to Network (MON) Program. The of airspace necessary to ensure the Airmen. The effective date and time will geographic coordinates of the airport safety of aircraft and the efficient use of thereafter be continuously published in the would also be updated to coincide with airspace. This regulation is within the Chart Supplement. the FAA’s aeronautical database. scope of that authority as it would Paragraph 6005 Class E Airspace Areas DATES: Comments must be received on amend the Class E airspace extending Extending Upward From 700 Feet or More or before May 6, 2019. upward from 700 feet above the surface Above the Surface of the Earth. ADDRESSES: Send comments on this Portland Municipal Airport, Portland, * * * * * proposal to the U.S. Department of TN, to support instrument flight rule Transportation, Docket Operations, ASW OK E5 Tulsa, OK [Amended] operations at this airport. West Building Ground Floor, Room Tulsa International Airport, OK Comments Invited ° ′ ″ ° ′ ″ W12–140, 1200 New Jersey Avenue SE, (Lat. 36 11 54 N, long. 95 53 17 W) Washington, DC 20590; telephone (202) Interested parties are invited to Richard Lloyd Jones Jr. Airport, OK (Lat. 36°02′23″ N, long. 95°59′05″ W) 366–9826, or (800) 647–5527. You must participate in this proposed rulemaking William R. Pogue Municipal Airport, OK identify FAA Docket No. FAA–2019– by submitting such written data, views, (Lat. 36°10′31″ N, long. 96°09′07″ W) 0134; Airspace Docket No. 19–ASO–5, or arguments, as they may desire. Tulsa VORTAC at the beginning of your comments. You Comments that provide the factual basis (Lat. 36°11′47″ N, long. 95°47′17″ W) may also submit comments through the supporting the views and suggestions That airspace extending upward from 700 internet at http://www.regulations.gov. presented are particularly helpful in feet above the surface within an 8-mile radius You may review the public docket developing reasoned regulatory of Tulsa International Airport, and within 1.6 containing the proposal, any comments decisions on the proposal. Comments miles each side of the 089° radial of the Tulsa received, and any final disposition in are specifically invited on the overall VORTAC extending from the 8-mile radius to person in the Dockets Office between regulatory, aeronautical, economic, 11.9 miles east of the airport, and within a 9:00 a.m. and 5:00 p.m., Monday environmental, and energy-related 6.5-mile radius of Richard Lloyd Jones Jr. Airport, and within a 6.5-mile radius of through Friday, except federal holidays. aspects of the proposal. William R. Pogue Municipal Airport, and FAA Order 7400.11C, Airspace Communications should identify both within 4 miles each side of the 355° bearing Designations and Reporting Points, and docket numbers and be submitted in from William R. Pogue Municipal Airport subsequent amendments can be viewed triplicate to the address listed above. extending from the 6.5-mile radius to 10.9 online at http://www.faa.gov/air_traffic/ Commenters wishing the FAA to miles north of the airport, and within 4 miles publications/. For further information, acknowledge receipt of their comments each side of the 175° bearing from William you can contact the Airspace Policy on this notice must submit with those R. Pogue Municipal Airport extending from Group, Federal Aviation comments a self-addressed, stamped the 6.5-mile radius to 10.9 miles south of the Administration, 800 Independence postcard on which the following airport. Avenue SW, Washington, DC 20591; statement is made: ‘‘Comments to Issued in Fort Worth, Texas, on March 11, telephone: (202) 267–8783. The Order is Docket No. FAA–2019–0134/Airspace 2019. also available for inspection at the Docket No. 19–ASO–5.’’ The postcard John Witucki, National Archives and Records will be date/time stamped and returned Acting Manager, Operations Support Group, Administration (NARA). For to the commenter. ATO Central Service Center. information on the availability of FAA All communications received before [FR Doc. 2019–04893 Filed 3–20–19; 8:45 am] Order 7400.11C at NARA, call (202) the specified closing date for comments BILLING CODE 4910–13–P 741–6030, or go to http:// will be considered before taking action

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on the proposed rule. The proposal provided navigation information for the Airspace Designations and Reporting contained in this notice may be changed instrument procedures at these airports, Points, dated August 13, 2018, and in light of the comments received. A as part of the VOR MON Program. effective September 15, 2018, is report summarizing each substantive Class E airspace designations are amended as follows: public contact with FAA personnel published in paragraph 6005 of FAA Paragraph 6005 Class E Airspace Areas concerned with this rulemaking will be Order 7400.11C, dated August 13, 2018, Extending Upward From 700 Feet or More filed in the docket. and effective September 15, 2018, which Above the Surface of the Earth. is incorporated by reference in 14 CFR Availability of NPRMs 71.1. The Class E airspace designations * * * * * An electronic copy of this document listed in this document will be ASO TN E5 Portland, TN [Amended] may be downloaded through the published subsequently in the Order. Portland Municipal Airport, TN internet at http://www.regulations.gov. ° ′ ″ ° ′ ″ Regulatory Notices and Analyses (Lat. 36 35 35 N, long. 86 28 37 W) Recently published rulemaking That airspace extending upward from 700 documents can also be accessed through The FAA has determined that this feet above the surface within a 6.5-mile the FAA’s web page at http:// regulation only involves an established radius of the Portland Municipal Airport, and www.faa.gov/air_traffic/publications/ body of technical regulations for which within 2 miles each side of 193° bearing from airspace_amendments/. frequent and routine amendments are the airport extending from the 6.5-mile You may review the public docket necessary to keep them operationally radius to 10.8 miles south of the airport. containing the proposal, any comments current, is non-controversial and Issued in Fort Worth, Texas, on March 11, received, and any final disposition in unlikely to result in adverse or negative 2019. person in the Dockets Office (see the comments. It, therefore: (1) Is not a John Witucki, ‘‘ADDRESSES’’ section for the address ‘‘significant regulatory action’’ under Acting Manager, Operations Support Group, and phone number) between 9:00 a.m. Executive Order 12866; (2) is not a ATO Central Service Center. and 5:00 p.m., Monday through Friday, ‘‘significant rule’’ under DOT [FR Doc. 2019–04892 Filed 3–20–19; 8:45 am] Regulatory Policies and Procedures (44 except federal holidays. An informal BILLING CODE 4910–13–P docket may also be examined during FR 11034; February 26, 1979); and (3) normal business hours at the Federal does not warrant preparation of a Aviation Administration, Air Traffic regulatory evaluation as the anticipated DEPARTMENT OF TRANSPORTATION Organization, Central Service Center, impact is so minimal. Since this is a Operations Support Group, 10101 routine matter that will only affect air Federal Aviation Administration Hillwood Parkway, Fort Worth, TX traffic procedures and air navigation, it 76177. is certified that this rule, when 14 CFR Part 73 promulgated, would not have a Availability and Summary of [Docket No. FAA–2019–0100; Airspace significant economic impact on a Docket No. 17–AWP–23] Documents for Incorporation by substantial number of small entities Reference under the criteria of the Regulatory RIN 2120–AA66 This document proposes to amend Flexibility Act. FAA Order 7400.11C, Airspace Proposed Establishment of Restricted Designations and Reporting Points, Environmental Review Area R–7205; Guam, GU This proposal will be subject to an dated August 13, 2018, and effective AGENCY: Federal Aviation environmental analysis in accordance September 15, 2018. FAA Order Administration (FAA), DOT. 7400.11C is publicly available as listed with FAA Order 1050.1F, ACTION: Notice of proposed rulemaking in the ADDRESSES section of this ‘‘Environmental Impacts: Policies and document. FAA Order 7400.11C lists Procedures’’ prior to any FAA final (NPRM). regulatory action. Class A, B, C, D, and E airspace areas, SUMMARY: This action proposes to air traffic service routes, and reporting List of Subjects in 14 CFR Part 71 establish restricted area R–7205 on the points. Airspace, Incorporation by reference, island of Guam, GU. The US Army has The Proposal Navigation (air). been operating a Terminal High Altitude Area Defense (THAAD) radar system in The FAA is proposing an amendment The Proposed Amendment direct support of national defense to Title 14 Code of Federal Regulations initiatives. The system has operated (14 CFR) part 71 by amending the Class Accordingly, pursuant to the within a Temporary Flight Restriction E airspace extending upward from 700 authority delegated to me, the Federal (TFR) for over five years. The restricted feet above the surface to within a 6.5- Aviation Administration proposes to area is necessary to protect aviation mile radius (increased from a 6.3-mile amend 14 CFR part 71 as follows: from hazardous electro-magnetic radius) of Portland Municipal Airport, PART 71—DESIGNATION OF CLASS A, radiation and segregate non- Portland, TN; removing the Bowling B, C, D, AND E AIRSPACE AREAS; AIR participating aircraft. Green VORTAC and associated TRAFFIC SERVICE ROUTES; AND DATES: Comments must be received on extension from the airport legal REPORTING POINTS description; adding an extension 2 miles or before May 6, 2019. each side of the 193° bearing from the ■ 1. The authority citation for 14 CFR ADDRESSES: Send comments on this airport extending from the 6.5-mile part 71 continues to read as follows: proposal to the U.S. Department of radius to 10.8 miles south of the airport; Transportation, Docket Operations, 1200 Authority: 49 U.S.C. 106(f), 106(g); 40103, and would update the geographic 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, New Jersey Avenue SE, West Building coordinates of the airport to coincide 1959–1963 Comp., p. 389. Ground Floor, Room W12–140, with the FAA’s aeronautical database. Washington, DC 20590–0001; telephone: This action is the result of an airspace § 71.1 [Amended] 1 (800) 647–5527, or (202) 366–9826. review caused by the decommissioning ■ 2. The incorporation by reference in You must identify FAA Docket Number of the Bowling Green VOR, which 14 CFR 71.1 of FAA Order 7400.11C, FAA–2019–0100; Airspace Docket No.

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17–AWP–23 at the beginning of your date will be considered before taking associated with the THAAD radar comments. You may also submit action on the proposed rule. The operations. comments through the internet at http:// proposal contained in this action may What is a THAAD System? www.regulations.gov. be changed in light of comments FOR FURTHER INFORMATION CONTACT: received. All comments submitted will The THAAD system is a long-range, Kenneth Ready, Airspace Policy Group, be available for examination in the land-based air defense weapon system Office of Airspace Services, Federal public docket both before and after the that provides terminal defense against Aviation Administration, 800 comment closing date. A report ballistic missiles. This system is Independence Avenue SW, Washington, summarizing each substantive public designed to intercept missiles during DC 20591; telephone: (202) 267–8783. contact with FAA personnel concerned late mid-course or final stage flight. THAAD operates at high altitudes and SUPPLEMENTARY INFORMATION: with this rulemaking will be filed in the docket. provides broad area coverage against Authority for This Rulemaking threats to critical assets such as Availability of NPRMs The FAA’s authority to issue rules population centers, industrial resources, regarding aviation safety is found in An electronic copy of this document and military forces. The system Title 49 of the United States Code may be downloaded through the provides a broad range of surveillance (U.S.C.). Subtitle I, Section 106 internet at http://www.regulations.gov. services that perform target search, describes the authority of the FAA Recently published rulemaking acquisition, identification, and tracking Administrator. Subtitle VII, Aviation documents can also be accessed through functions within the proposed restricted Programs, describes in more detail the the FAA’s web page at http:// area. Intercept missiles at high altitudes scope of the agency’s authority. This www.faa.gov/air_traffic/publications/ will take place outside of the restricted rulemaking is promulgated under the airspace_amendments/. area under military authority and authorization. authority described in Subtitle VII, Part You may review the public docket A, Subpart I, Section 40103. Under that containing the proposal, any comments What are the hazards associated with section, the FAA is charged with received and any final disposition in the THAAD System? prescribing regulations to assign the use person in the Dockets Office (see of the airspace necessary to ensure the During THAAD system operations, ADDRESSES section for address and there is a potential hazard to military safety of aircraft and the efficient use of phone number) between 9:00 a.m. and airspace. This regulation is within the and civilian aircraft. The system emits 5:00 p.m., Monday through Friday, electromagnetic radiation (EMR) that scope of that authority as it would except federal holidays. An informal establish restricted airspace at Guam, could cause adverse impacts to human docket may also be examined during health and electromagnetic interference GU, to contain activities deemed normal business hours at the office of hazardous to nonparticipating aircraft. with electronic aircraft equipment. The the Western Service Center, Operations SUA is established to avoid injury and Comments Invited Support Group, Federal Aviation damage to personnel and equipment Administration, 2200 South 216th St., Interested parties are invited to from EMR emitted from the THAAD Des Moines, WA 98198. participate in this proposed rulemaking system. THAAD normally operates in by submitting such written data, views, Background search/surveillance mode which limits or arguments as they may desire. the EMR to very short durations, less Comments that provide the factual basis In 2007, U.S. Pacific Command than 0.2 seconds, which would not supporting the views and suggestions (PACOM) designated Commander, US result in adverse consequences. presented are particularly helpful in Pacific Fleet as the executive agent of However, during tracking or calibration developing reasoned regulatory the development of the consolidated mode, the beam is steady and the decisions on the proposal. Comments Department of Defense (DoD) Special duration of EMR exposure is greater. are specifically invited on the overall Use Airspace (SUA) proposal for the Calibration is performed on start-up and regulatory, aeronautical, economic, United States Marine Corps (USMC) on regular intervals and tracking mode environmental, and energy-related relocation to Guam. A DoD working occurs when the unit is actively tracking aspects of the proposal. group began active discussions with the a flying target such as a missile or a Communications should identify both FAA. Since November 2007, the plane. docket numbers (FAA Docket Number working group and the FAA have Why is the THAAD system in Guam? FAA–2019–0100; Airspace Docket No. coordinated on air traffic control issues, 17–AWP–23) and be submitted in SUA proposal integration, and In April 2013, the U.S. Secretary of triplicate to the Docket Management International Civil Aviation Defense directed the U.S. Army to Facility (see ADDRESSES section for Organization (ICAO) rules. In an effort deploy a THAAD battery system address and phone number). You may to reduce redundancies by the DoD immediately to Guam on an emergency also submit comments through the while seeking SUA throughout the basis in response to potential North internet at http://www.regulations.gov. Commonwealth of the Northern Mariana Korean missile launch activity. Since Commenters wishing the FAA to Islands (CNMI) and Guam, PACOM the temporary deployment of the acknowledge receipt of their comments submitted a consolidated DoD SUA THAAD battery in 2013, the DoD on this action must submit with those Proposal. validated the enduring requirement for comments a self-addressed, stamped The proposal was divided into four a THAAD battery in Guam to ensure postcard on which the following sub-phases outlining different airspace continued defense of the homeland statement is made: ‘‘Comments to FAA requirements. The fourth phase (Phase against existing and emerging missile Docket Number FAA–2019–0100; 4) consists of the creation of restricted threats by potentially hostile states in Airspace Docket No. 17–AWP–23.’’ The airspace on the northern portion of the region, as mandated in Title 10 of postcard will be date/time stamped and Guam, to be designated as R–7205. The the U.S.C., Armed Forces. The THAAD returned to the commenter. proposed restricted area R–7205 system provides long-term protection All communications received on or airspace is needed to encompass an for Guam residents and the U.S. forces before the specified comment closing electro-magnetic radiation hazard based there from potential ballistic

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missile attacks. Alternative locations Authority: 49 U.S.C. 106(f), 106(g); 40103, under their facility specific maximum were not considered because the 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, allowable nitrogen oxide emission rate. purpose is to protect Guam, which 1959–1963 Comp., p. 389. The affected source will not increase requires the THAAD to be located in § 73.72 Guam [Amended] hourly nitrogen oxide emissions, Guam. ■ therefore, the National Ambient Air 2. Section 73.72 is amended as Quality Standards for ozone is The Proposal follows: protected. The FAA is proposing an amendment * * * * * DATES: Comments must be received on to title 14 Code of Federal Regulations R–7205 Guam, GU [New] or before April 22, 2019. (14 CFR) part 73 to establish restricted Boundaries. Beginning at lat. 13°37′10″ N, ADDRESSES: Submit your comments, area R–7205 Guam, GU. The FAA is ° ′ ″ identified by Docket ID number EPA– proposing this action at the request of long. 144 51 58 E; thence clockwise along the 2.4-mile radius of point in space R02–OAR–2018–0817, at http:// the USMC. The proposed restricted area coordinates at lat. 13°39′25″ N, long. www.regulations.gov. Follow the online is described below. 144°51′04″ E; to lat. 13°38′40″ N, long. instructions for submitting comments. R–7205 would be established on the 144°53′24″ E; thence counter-clockwise along Once submitted, comments cannot be northern tip of Guam and northwest of the 4.3-mile radius of Andersen AFB Class D edited or withdrawn. The EPA may Anderson Air Force Base (AFB) abutting airspace; to the point of beginning, excluding publish any comment received to its the Anderson AFB Class D. The that airspace within R–7202 when active. public docket. Do not submit altitudes would be from 700 feet MSL to Designated altitudes. 700 feet MSL to FL190. electronically any information you 19,000 feet MSL. Time of designation. Continuous. consider to be Confidential Business Information (CBI) or other information Regulatory Notices and Analyses Controlling Agency. FAA, Guam CERAP. Using Agency. Commanding Officer, Task whose disclosure is restricted by statute. The FAA has determined that this Force Talon, Andersen AFB, Guam. Multimedia submissions (audio, video, proposed regulation only involves an * * * * * etc.) must be accompanied by a written established body of technical comment. The written comment is regulations for which frequent and Issued in Washington, DC, on March 6, considered the official comment and routine amendments are necessary to 2019. should include discussion of all points keep them operationally current. It, Scott M. Rosenbloom, you wish to make. The EPA will therefore: (1) Is not a ‘‘significant Acting Manager, Airspace Policy Group. generally not consider comments or regulatory action’’ under Executive [FR Doc. 2019–04534 Filed 3–20–19; 8:45 am] comment contents located outside of the Order 12866; (2) is not a ‘‘significant BILLING CODE 4910–13–P primary submission (i.e., on the web, rule’’ under Department of cloud, or other file sharing system). For Transportation (DOT) Regulatory additional submission methods, such as the full EPA public comment policy, Policies and Procedures (44 FR 11034; ENVIRONMENTAL PROTECTION information about CBI or multimedia February 26, 1979); and (3) does not AGENCY warrant preparation of a regulatory submissions, and general guidance on evaluation as the anticipated impact is 40 CFR Part 52 making effective comments, please visit so minimal. Since this is a routine http://www2.epa.gov/dockets/ matter that will only affect air traffic [EPA–R02–OAR–2018–0817, FRL–9990–92– commenting-epa-dockets. procedures and air navigation, it is Region 2] FOR FURTHER INFORMATION CONTACT: certified that this proposed rule, when Approval of Source Specific Air Quality Linda Longo, Air Programs Branch, promulgated, will not have a significant Implementation Plans; New Jersey Environmental Protection Agency, 290 economic impact on a substantial Broadway, 25th Floor, New York, New number of small entities under the AGENCY: Environmental Protection York 10007–1866, (212) 637–3565, or by criteria of the Regulatory Flexibility Act. Agency. email at [email protected]. SUPPLEMENTARY INFORMATION: Environmental Review ACTION: Proposed rule. Table of Contents This proposal will be subject to an SUMMARY: The Environmental Protection environmental analysis in accordance Agency (EPA) is proposing to approve a I. Background with FAA Order 1050.1F, revision to the New Jersey State II. EPA’s Evaluation of New Jersey’s ‘‘Environmental Impacts: Policies and Implementation Plan (SIP) for the 2008 Submittal Procedures’’ prior to any FAA final 8-hour ozone National Ambient Air III. Proposed Action regulatory action. Quality Standard in relation to a Source IV. Incorporation by Reference Specific SIP for Gerdau Ameristeel in V. Statutory and Executive Order Reviews List of Subjects in 14 CFR Part 73 Sayreville, New Jersey. On December 5, I. Background Airspace, Prohibited areas, Restricted 2018, the New Jersey Department of areas. Environmental Protection approved an The Environmental Protection Agency administrative amendment reflecting (EPA) proposes to approve revisions to The Proposed Amendment new ownership and name change to the New Jersey State Implementation In consideration of the foregoing, the Commercial Metals Company. The Plan (SIP) for attainment and Federal Aviation Administration control options in the Source Specific maintenance of the 2008 ozone National proposes to amend 14 CFR part 73 as SIP that address nitrogen oxide Ambient Air Quality Standard follows: Reasonably Available Control (NAAQS). Specifically, under New Technology for the natural gas fired Jersey Administrative Code, Title 7, PART 73—SPECIAL USE AIRSPACE billet reheat furnace remain the same Chapter 27, Subchapter 19, ‘‘Control under the new ownership. The intended and Prohibition of Air Pollution from ■ 1. The authority citation for part 73 effect of this SIP revision is for the Oxides of Nitrogen’’ (N.J.A.C. 7:27–19). continues to read as follows: Sayreville facility to continue to operate The New Jersey Department of

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Environmental Protection (NJDEP) states to take steps to ensure that the NOX Supplement. See 57 FR 55620. The reviewed and approved the facility new or revised NAAQS are met. One of NOX Supplement explains that the CAA specific emission limit (FSEL) nitrogen the first steps, known as the initial area section 182(f), read in conjunction with oxide (NOX) control plan and the designations, involves identifying areas section 182(a)(2)(C) and other New associated Reasonably Available Control of the country that are not meeting the Source Review (NSR) related provisions Technology (RACT) for the Gerdau new or revised NAAQS, as well as the in section 182, require state NSR plans Ameristeel facility located in Sayreville, nearby areas that contain emissions to apply to major stationary sources of New Jersey (Sayreville Facility). The sources that contribute emissions to the NOX, the same requirements that govern RACT for this SIP revision is the lowest areas not meeting the NAAQS. major stationary sources of VOC emission limitation economically The entire state of New Jersey has emissions in ozone nonattainment areas feasible for controlling NOX emissions been designated as nonattainment since and in other areas located in OTR. from the Sayreville Facility’s billet the adoption of the 1997 8-hour ozone Section182(a)(2)(C) requires States to reheat furnace (Sayerville BRF). The NAAQS and is divided into two adopt and submit revised NSR Sayreville BRF is used to raise the nonattainment areas. The two regulations for all ozone nonattainment temperature of steel billets to the nonattainment areas in New Jersey are areas classified as marginal or above. required level for hot rolling. Philadelphia-Wilmington-Atlantic City In November 2005, the EPA published Subchapter N.J.A.C. 7:27–19.13(a)(1), (PA–NJ–MD–DE) and New York- the final rule that discusses the RACT ‘‘Alternative and facility specific NOX Northern New Jersey-Long Island (NY– requirements for the 1997 8-hour ozone emission limits,’’ allows owners and NJ–CT). These areas are designated as standard and outlined the SIP operators of major sources of NOX, upon marginal nonattainment and as requirements and deadlines for various approval of the NJDEP, to obtain FSELs moderate nonattainment, respectively, areas designated as moderate for maximum allowable NOX emission for the newest 0.070 ppm 8-hour ozone nonattainment. See 70 FR 71612 rates by submitting a NOX control plan NAAQS.1 As such, New Jersey has (November 29, 2005) (the ‘‘Phase 2 that meets the requirements of N.J.A.C. developed ozone SIPs to attain the Rule’’). 7:27–19.13(b). Furthermore, Subchapter standards and will consider source- On August 1, 2007, the NJDEP N.J.A.C. 7:27–19.13(a)(3) allows specific SIPs as necessary. A source- finalized RACT revisions to its SIP to facilities that wish to continue to specific SIP is submitted by a facility to address the 8-hour ozone NAAQS and operate under existing NOX control request approval for source-specific the EPA approved on May 15, 2009. See plans that were approved prior to May emission limitations, and if approved by ‘‘RACT for the 8-hour Ozone NAAQS 1, 2005 to make the request by the state and the EPA, are incorporated and other Associated SIP Revisions for submitting an updated proposed NOX into the state’s ozone SIP. the Fine Particulate Matter, Regional control plan as required in N.J.A.C. Haze, and Transport of Air Pollution,’’ 7:27–19.13. The Sayreville Facility RACT Requirements available at http://www.nj.gov/dep/ wishes to continue to operate under its RACT is defined as the lowest baqp/sip/8-hrRACT-Final.pdf and see existing NOX control plan that was emission limit that a source is capable 74 FR 22837. The NJDEP, taking a more approved by the State on March 15, of meeting by the application of control stringent approach, believes that 2005. A full summary is included in the technology that is reasonably available significantly higher costs are warranted technical support document (TSD) that considering technological and economic and should be considered reasonable is contained in EPA’s docket assigned to feasibility.2 CAA sections 172(c)(1), with respect to available technology this Federal Register notice. 182(b)(2) and 182(f) require than were discussed in the Phase 2 Please note that on December 5, 2018, nonattainment areas that are designated Rule. Although no dollar amount is the NJDEP approved an administrative as moderate or above to adopt RACT. suggested, the NJDEP identifies five amendment reflecting new ownership The entire state of New Jersey is subject considerations it plans to apply to and name change of the Sayreville to this requirement because (1) of the sources when determining RACT: Facility from Gerdau Ameristeel to nonattainment area designations for the (1) Past New Jersey costs for Commercial Metals Company. All 8-hour ozone standards (40 CFR 81.331), retrofitting a given control; control options for the Sayreville BRF and (2) the state of New Jersey is located (2) Average RACT cost (dollars per and CAA permit limits (as approved by within the Ozone Transport Region tons reduced) for a control technology the NJDEP in the March 2005 NOx (OTR), a region in which the CAA and maximum RACT cost. Once a control plan) remain the same under the requires that state SIPs implement reasonable number of sources in a new ownership as were under the RACT requirements. See CAA source category achieve a lower former owner Gerdau Ameristeel. § 184(b)(1)(B). emission level, other sources should do Ozone Requirements On November 25, 1992 the EPA the same; published a supplement to the General (3) The seriousness of the Region’s In 1997, the EPA revised the health- Preamble to Title I of the CAA ozone air quality exceedance. For based NAAQS for 8-hour ozone, setting Amendments of 1990 to clarify nonattainment areas with higher ozone it at 0.084 parts per million (ppm) requirements for NOX, referred to as the levels, higher costs for controls are averaged over an 8-hour time frame. See reasonable; 62 FR 38856 (July 18, 1997). The EPA 1 Classifications of these areas for the current and (4) The seriousness of the need to revised the 8-hour ozone standard twice previous ozone NAAQS can be found at 40 CFR reduce transported air pollution. As an since 1997; in March 2008, the EPA 81.331. OTR state, higher costs for RACT are revised the standard to 0.075 ppm, and 2 The EPA has not generally prescribed RACT justified; and requirements. As defined in ‘‘State Implementation in October 2015 the EPA revised it to Plans; General Preamble for Proposed Rulemaking (5) The NJDEP plan for addressing 0.070 ppm while retaining the 2008 on Approval of Plan Revisions for Nonattainment economic feasibility in RACT rules. ozone indicators. See 73 FR 16436 Areas—Supplement (on Control Techniques The NJDEP’s intent is to specify RACT (March 27, 2008); 80 FR 65292 (October Guidelines),’’ RACT for a particular source is at the lowest emission limit that a determined on a case-by-case basis, considering the 26, 2015). After the EPA establishes a technological and economic circumstances of the reasonable number of similar facilities new or revised NAAQS, the Clean Air individual source. See 44 FR 53761 September 17, had already successfully implemented Act (CAA) directs the EPA and the 1979. for each source category.

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II. The EPA’s Evaluation of New and (8) Non-selective catalytic infeasibility under federal and state Jersey’s Submittals reduction. Under the regulations, the RACT criteria. first three are technologically feasible, Continue To Operate Under Existing III. Proposed Action but the latter four were not. NOX Control Plan Although the SCR was determined to Gerdau Ameristeel reached agreement N.J.A.C. 19.13(a)(3) sets forth be technologically feasible, the with the NJDEP to continue to operate requirements for facilities that wish to Sayreville Facility has major concerns under the approved March 15, 2005 continue to operate under existing NOX with its implementation. First, the NOX control plan that allowed the control plans that were approved prior facility would need to install an Sayreville BRF to operate using 64 ultra- to May 1, 2005. The regulation requires evaporative cooler to control the low NOX burners. The Sayreville such facilities to submit updated temperature of the exiting flu gas for Facility underwent a change in proposed NOX control plans to NJDEP this technology to be effective. Second, ownership to the Commercial Metals for review. Gerdau Ameristeel originally the SCR catalyst could become damaged Company without changing its submitted an FSEL NOX control plan for by the BRF process. The exhaust gas production process or associated a BRF (old BRF) at the Sayreville from the BRF contains concentrations of equipment. Moreover, the Sayreville Facility to NJDEP in 1995. In 2004, the particulate matter, including metals, Facility met the regulatory requirements facility submitted to NJDEP a proposed which would cause catalyst plugging under N.J.A.C. 19.13(a)(3) to submit and FSEL NOX control plan for a and masking. The potential for damage obtain NJDEP approval for an updated replacement BRF; the new unit was cannot be determined with certainty proposed NOX control plan requesting designed with 64 ultra-low NOX because the Sayreville Facility does not to continue to operate under their 2005 burners. On March 15, 2005, the NJDEP currently have SCR units installed on NOX control plan approved prior to May approved the NOX control plan by any BRF that control NOX to compare 1, 2005. The updated NOX control plan authorizing Gerdau Ameristeel to potential catalyst poisoning. Moreover, demonstrates that the only technically replace the old BRF with the ultra-low to the best of our knowledge no BRFs in feasible control technology currently not NOX burners. the United States currently employs in use on the Sayreville BRF is the SCR On October 4, 2016, the Gerdau SCR units.3 option and concludes that it is not Ameristeel submitted an updated Cost analysis was conducted for those RACT. Therefore, the EPA proposes to proposed NOX control plan to NJDEP control technologies found to be approve the NJDEP SIP revisions for 8- requesting to continue to operate the technologically feasible. Since the ultra- hour ozone for Commercial Metals March 15, 2005 NOX control plan for the low NOX burners and the low excess air Company continuing to operate under Sayreville BRF that has 64 ultra-low control technologies are currently in use the 2005 NOX Control Plan. NOX burners and maximum allowable on the facility’s BRF, Gerdau Ameristeel IV. Incorporation by Reference NOX emission rate of 58.9 tons per year conducted the cost effectiveness study (TPY). On March 20, 2018, the NJDEP only for the SCR. The facility concludes In this document, we are proposing to submitted to the EPA a proposal to that to purchase and install the SCR will include regulatory text in an EPA final allow the continued use of the control cost $4,279,380 and the annual rule that includes incorporation by options as outlined in the State operating cost would be $1,164,379 reference. In accordance with approved Gerdau Ameristeel March 15, based on a 20-year useful life of the requirements of 1 CFR 51.5, we are 2005 NOX control plan. BRF. The cost effectiveness is based on proposing to incorporate by reference The Sayreville BRF has a heat input the annual cost of operating SCR and the provisions described above in rating of 172.8 million British Thermal the amount of NOX that would be Section III. Proposed Action. Units per hour (MMBTU/hr) and is removed. The amount NOX that would The EPA has made, and will continue permitted under the facility’s CAA Title be removed from the SCR is based on to make, these documents generally V operating permit (i.e., PI 18052, BOP 90% (0.9) control efficiency not to available electronically through http:// 150001) for no more than 0.1 MMBTU/ exceed the CAA Title V operating www.regulations.gov and in hard copy hr of NOX as a major source with FSEL permit limit of 58.9 NOX TPY (58.9 TPY at the appropriate EPA office, 290 not to exceed 17.3 pounds NOX per hour × 0.9 = 53 TPY). Therefore, the SCR Broadway, 25th floor, New York, New and 58.9 tons NOX per year. The ADDRESSES would result in 53 TPY NOX removed York, 10007–1866 (see the Sayreville Facility is required to making the cost effectiveness to be section of this preamble for more conduct annual emission testing to $21,965 per ton NOX removed information). demonstrate compliance with 0.1 lb/ ($1,164,379 ÷ 53 = $21,965), which is MMBtu NO emission rate limit. The V. Statutory and Executive Order X above the federal RACT guidance. Reviews EPA has determined that the Sayreville Under EPA guidance, states should Under the CAA, the Administrator is BRF identified in the SIP revision are consider in their RACT determinations required to approve a SIP submission consistent with New Jersey’s NOX RACT technologies that achieve 30–50 percent that complies with the provisions of the regulation and the EPA’s guidance. reduction within a cost range of $160– CAA and applicable Federal regulations. $1,300 per ton of NO removed. See 70 RACT Analysis X 42 U.S.C. 7410(k); 40 CFR 52.02(a). FR 71652. The RACT analysis conducted by The SCR control technology was Thus, in reviewing SIP submissions, Gerdau Ameristeel found eight control found not to be RACT due to EPA’s role is to approve state choices, technologies suitable for a typical BRF: technological and economical provided that they meet the criteria of (1) Ultra-low NOX burners currently in the CAA. Accordingly, this action use at the facility, (2) low excess air 3 The EPA’s RACT/BACT/LEAR Clearinghouse merely proposes to approve state law as currently in use at the facility, (3) (RBLC), https://cfpub.epa.gov/rblc/index.cfm meeting Federal requirements and does selective catalytic reduction (SCR), (4) ?action=Home.Home&lang=en, demonstrates that 9 not impose additional requirements U.S. facilities operate a reheat furnace, including Low NOX burners, (5) Flue gas beyond those imposed by state law. For recirculation or reduction of air preheat billet reheat furnace, and have NOX emissions. All that reason, this proposed action: 9 facilities have pollution prevention add-on • temperature, (6) Burners out of service, control technologies ultra-low or low NOX burners Is not a ‘‘significant regulatory (7) Selective non-catalytic reduction, and none are equipped with SCR. action’’ subject to review by the Office

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of Management and Budget under Dated: March 9, 2019. www.regulations.gov, or via email to Executive Order 12866 (58 FR 51735, Peter D. Lopez, [email protected]. For October 4, 1993) and 13563 (76 FR 3821, Regional Administrator, Region 2. comments submitted at Regulations.gov, January 21, 2011); [FR Doc. 2019–04781 Filed 3–20–19; 8:45 am] follow the online instructions for • Is not an Executive Order 13771 (82 BILLING CODE 6560–50–P submitting comments. Once submitted, FR 9339, February 2, 2017) regulatory comments cannot be edited or removed action because SIP approvals are from Regulations.gov. For either manner exempted under Executive Order 12866; ENVIRONMENTAL PROTECTION of submission, EPA may publish any • AGENCY comment received to its public docket. Does not impose an information Do not submit electronically any collection burden under the provisions 40 CFR Parts 52 and 81 information you consider to be of the Paperwork Reduction Act (44 Confidential Business Information (CBI) U.S.C. 3501 et seq.); [EPA–R05–OAR–2018–0842; FRL–9991–11– Region 5] or other information whose disclosure is • Is certified as not having a restricted by statute. Multimedia significant economic impact on a Air Plan Approval; Illinois; submissions (audio, video, etc.) must be substantial number of small entities Redesignation of the Illinois Portion of accompanied by a written comment. under the Regulatory Flexibility Act (5 the St. Louis Area to Attainment of the The written comment is considered the U.S.C. 601 et seq.); 1997 Annual Standard for Fine official comment and should include • Does not contain any unfunded Particulate Matter discussion of all points you wish to mandate or significantly or uniquely AGENCY: Environmental Protection make. EPA will generally not consider affect small governments, as described Agency (EPA). comments or comment contents located outside of the primary submission (i.e. in the Unfunded Mandates Reform Act ACTION: Proposed rule. of 1995 (Public Law 104–4); on the web, cloud, or other file sharing • Does not have Federalism SUMMARY: On December 6, 2018, the system). For additional submission implications as specified in Executive Illinois Environmental Protection methods, please contact the person Order 13132 (64 FR 43255, August 10, Agency (Illinois) submitted a request for identified in the FOR FURTHER 1999); the Environmental Protection Agency INFORMATION CONTACT section. For the • (EPA) to redesignate the Illinois portion full EPA public comment policy, Is not an economically significant of the St. Louis, MO–IL nonattainment information about CBI or multimedia regulatory action based on health or area (hereafter, ‘‘St. Louis area’’) to submissions, and general guidance on safety risks subject to Executive Order attainment for the 1997 fine particulate making effective comments, please visit 13045 (62 FR 19885, April 23, 1997); matter (PM2.5) annual national ambient http://www2.epa.gov/dockets/ • Is not a significant regulatory action air quality standard (NAAQS or commenting-epa-dockets. subject to Executive Order 13211 (66 FR standard). The Illinois portion of the St. FOR FURTHER INFORMATION CONTACT: 28355, May 22, 2001); Louis area includes Madison, Monroe, Michelle Becker, Life Scientist, • and St. Clair counties, and Baldwin Is not subject to requirements of Attainment Planning and Maintenance Township in Randolph County. EPA is Section 12(d) of the National Section, Air Programs Branch (AR–18J), taking this action because it has Technology Transfer and Advancement Environmental Protection Agency, determined that the St. Louis area is Act of 1995 (15 U.S.C. 272 note) because Region 5, 77 West Jackson Boulevard, attaining the annual 1997 PM application of those requirements would 2.5 Chicago, Illinois 60604, (312) 886–3901, be inconsistent with the CAA; and standard based on the most recent three years of certified air quality data. EPA [email protected]. • Does not provide EPA with the is also proposing to approve a revision SUPPLEMENTARY INFORMATION: discretionary authority to address, as to the Illinois state implementation plan appropriate, disproportionate human Throughout this document whenever (SIP) for maintaining the 1997 annual health or environmental effects, using ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean PM NAAQS through 2030. Illinois’ practicable and legally permissible 2.5 EPA. This supplementary information maintenance plan submission includes methods, under Executive Order 12898 section is arranged as follows: an updated emission inventory, which (59 FR 7629, February 16, 1994). I. What actions are EPA taking? includes emission inventories for PM2.5, II. What is the background for these actions? In addition, this proposed rule does NOX, volatile organic compounds III. What are the criteria for redesignation to not have tribal implications as specified (VOCs) and ammonia. The maintenance attainment? by Executive Order 13175, because the plan submission also includes motor IV. What is EPA’s analysis of the state’s SIP is not approved to apply in Indian vehicle emission budgets (MVEBs) for request? 1. Attainment Determination (Section country located in the state, and EPA the mobile source contribution of PM2.5 107(d)(3)(E)(i)). notes that it will not impose substantial and nitrogen oxides (NOX) to the St. direct costs on tribal governments or 2. Section 110 and Part D Requirements, Louis PM2.5 area for transportation and Approval SIP under Section 110(k) preempt tribal law. Thus, Executive conformity purposes. EPA is proposing Order 13175 does not apply to this (Section 107(d)(3)(E)(ii) and (v)). to approve and update both the 3. Permanent and Enforceable Reductions action. emissions inventory and MVEBs. EPA is in Emissions (Section 107(d)(3)(E)(iii)). List of Subjects 40 CFR Part 52 proposing to take these actions in 4. Maintenance Plan Pursuant to Section accordance with the Clean Air Act 175A of the CAA (Section Environmental protection, Air (CAA) and EPA’s SIP rules regarding the 107(d)(3)(E)(iv)). pollution control, Incorporation by 1997 PM2.5 NAAQS. 5. Motor Vehicle Emissions Budget (MVEBs) for PM and NO , and Safety reference, Nitrogen Dioxide, DATES: Comments must be received on 2.5 X Margin for the St. Louis Area. Intergovernmental Relations, Ozone, or before April 22, 2019. Reporting and recordkeeping 6. Comprehensive Emissions Inventory for ADDRESSES: Submit your comments, the St. Louis Area requirements. identified by Docket ID No. EPA–R05– V. What are the effects of EPA’s actions? Authority: 42 U.S.C. 7401 et seq. OAR–2018–0842 at http:// VI. Statutory and Executive Order Reviews.

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I. What actions are EPA taking? concentrations at each monitoring site. annual PM2.5 NAAQS and to approve EPA is proposing to take several On January 5, 2005, EPA published air updates to the Illinois maintenance plan actions related to the redesignation of quality area designations for the 1997 including MVEBs and emissions the St. Louis area to attainment of the annual PM2.5 standard based on air inventory for the area. The rationale for quality data for calendar years 2001– 1997 annual PM2.5 NAAQS. EPA is these proposed actions follows. proposing to determine that the St. 2003 (70 FR 944). In that rulemaking, EPA designated the St. Louis area, 1. Attainment Determination (Section Louis area has attained the 1997 annual 107(d)(3)(E)(i)) PM2.5 NAAQS based on quality-assured, which includes Madison, Monroe, and certified 2015–2017 air quality data. St. Clair counties, and Baldwin To redesignate an area from EPA is proposing to grant the request to Township in Randolph county in nonattainment to attainment, the CAA redesignate the St. Louis area to Illinois, as nonattainment for the 1997 requires EPA to determine that the area attainment of the 1997 annual PM2.5 annual PM2.5 standard. has attained the applicable NAAQS NAAQS. III. What are the criteria for (CAA section 107(d)(3)(E)(i)). For PM2.5, EPA proposes to find that Illinois’ redesignation to attainment? an area is attaining the 1997 annual PM2.5 maintenance plan meets the PM NAAQS if it meets the standard, The CAA sets forth criteria for 2.5 requirements of section 175A of the as determined in accordance with 40 redesignating a nonattainment area to CAA and is proposing to approve CFR 50.13 and part 50, appendix N, attainment. Specifically, section Illinois’ PM2.5 maintenance plan for the based on three complete, consecutive 107(d)(3)(E) of the CAA allows for 1997 annual PM2.5 NAAQS for the St. calendar years of quality-assured air redesignation provided that: (1) The Louis area as a revision to the Illinois quality monitoring data. To attain the Administrator determines that the area SIP. The PM2.5 maintenance plan 1997 annual PM NAAQS, the 3-year has attained the applicable NAAQS 2.5 provides for the maintenance of the average of the annual arithmetic mean based on current air quality data; (2) the 1997 annual PM2.5 NAAQS in the St. concentration, as determined in Administrator has fully approved an Louis area through 2030. accordance with 40 CFR part 50, applicable SIP for the area under section EPA is also proposing to approve appendix N, must be less than or equal 110(k) of the CAA; (3) the Administrator Illinois’ 2008 and 2030 MVEBs for the to 15.0 mg/m3 at all relevant monitoring determines that the improvement in air St. Louis area. sites in the subject area over a 3-year Finally, EPA is proposing to approve quality is due to permanent and period. The relevant data must be Illinois’ 2008 primary PM , NO , enforceable emission reductions 2.5 X collected and quality-assured in sulfur dioxide (SO ), VOC, and resulting from implementation of the 2 accordance with 40 CFR part 58 and ammonia (NH ) emission inventories for applicable SIP, Federal air pollution 3 recorded in the EPA Air Quality System the St. Louis area as satisfying the control regulations, and other (AQS) database. The monitors generally requirement of section 172(c)(3) of the permanent and enforceable emission should have remained at the same CAA for a current, accurate, and reductions; (4) the Administrator has location for the duration of the comprehensive emission inventory. fully approved a maintenance plan for monitoring period required for the area as meeting the requirements of II. What is the background for these demonstrating attainment. section 175A of the CAA; and (5) the actions? state containing the area has met all EPA reviewed the certified, quality- On July 18, 1997, EPA promulgated requirements applicable to the area for assured/quality-controlled PM2.5 the first primary annual PM2.5 NAAQS purposes of redesignation under section monitoring data from the St. Louis area to provide increased protection of 110 and part D of subchapter I of the for the 1997 annual PM2.5 NAAQS from public health from fine particle CAA. 2015–2017 and determined that the pollution (62 FR 38652). In that action, design value for the area is less than the EPA promulgated an annual standard at IV. What is EPA’s analysis of the state’s standard of 15.0 mg/m3 for that period. request? a level of 15 micrograms per cubic meter The PM2.5 design values for monitors (mg/m3) of ambient air, based on a three- EPA is proposing to redesignate the with complete data are summarized in year average of the annual mean PM2.5 St. Louis area to attainment of the 1997 Table 1:

3 TABLE 1—MONITORING DATA FOR THE ST. LOUIS AREA FOR 2015–2017 1997 ANNUAL PM2.5 STANDARD (μg/m )

Year Average State City/county Site 2015 2016 2017 2015–2017

Illinois ...... Madison ...... Alton 9.0 8.8 8.7 8.8 Illinois ...... Madison ...... Wood River 9.1 8.7 8.3 8.7 Illinois ...... Madison ...... Granite City 10.4 9.1 9.6 9.7 Illinois ...... Randolph ...... Houston 7.9 8.0 9.6* 8.5 Illinois ...... St. Claire ...... East St. Louis 10.7 10.0 8.8 9.8 Missouri ...... St. Louis City ...... Blair Street 10.4 8.5 7.9 8.9 Missouri ...... St. Louis City ...... South 11.1 8.1 7.8 9.0 Broadway Missouri ...... St. Louis City ...... Forest Park 9.2 8.7 8.3 8.7 Missouri ...... St. Louis County ...... Ladue 10.3 8.7 9.4 9.5 Missouri ...... Jefferson ...... Arnold West 11.6 8.3 8.2 9.3 * data completeness requirements met by substituting data from a secondary monitor resulting in a valid design value (83 FR 66631).

Pursuant to section 179(c) of the CAA, St. Louis area is attaining the 1997 determination is based upon complete, EPA is proposing to determine that the annual PM2.5 NAAQS. This proposed quality-assured, and certified ambient

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air monitoring data for the 2015–2017 monitoring, and reporting; include Illinois’ SIP addressing section 110 monitoring period that show the area provisions for air quality modeling; and requirements at 40 CFR 52.720. has monitored attainment of 1997 provide for public and local agency ii. Part D Requirements annual PM2.5 NAAQS. participation in planning and emission control rule development. Section EPA has determined that, upon 2. Section 110 and Part D Requirements, 110(a)(2)(D) of the CAA requires that approval of the base year emissions and Approval SIP under Section 110(k) SIPs contain measures to prevent inventories discussed in section IV.6 of (Section 107(d)(3)(E)(ii) and (v)) sources in a state from significantly this rulemaking, the Illinois SIP will EPA is proposing to find that Illinois contributing to air quality problems in meet the SIP requirements for the St. has met all currently applicable SIP another state. Louis area applicable for purposes of requirements for purposes of EPA interprets the ‘‘applicable’’ redesignation under part D of the CAA. redesignation for the St. Louis area requirements for an area’s redesignation Subpart 1 of part D, found in sections under section 110 of the CAA (general to be those requirements linked with 172–176 of the CAA, sets forth the basic SIP requirements), and the planning that area’s nonattainment designation. nonattainment requirements applicable requirements in part D of subchapter I Therefore, we believe that the section to all nonattainment areas. Subpart 4 of of the CAA (part D). We are proposing 110 elements described above that are part D, found in section 189 of the CAA, to find that all applicable requirements not connected with nonattainment plan sets forth nonattainment requirements of the Illinois SIP, for purposes of submissions and not linked with an applicable for particulate matter redesignation, have been implemented, area’s attainment status, such as the nonattainment areas. in accordance with section ‘‘infrastructure SIP’’ elements of section (1) Section 172 Requirements 107(d)(3)(E)(ii) and 107(d)(3)(E)(v) of the 110(a)(2), are not applicable Section 172(c) sets out general CAA. As discussed below, in this requirements for purposes of the nonattainment plan requirements. A section, EPA is proposing to approve redesignation. A state remains subject to thorough discussion of these Illinois’ 2008 emissions inventory as these requirements after an area is requirements can be found in the meeting the section 172(C)(3) redesignated to attainment, and thus General Preamble for Implementation of requirement for a comprehensive EPA does not interpret such Title I (57 FR 13498, April 16, 1992) emissions inventory. requirements to be relevant applicable (‘‘General Preamble’’). EPA’s In making these proposed requirements to evaluate in a longstanding interpretation of the determinations, we have ascertained redesignation. For example, the nonattainment planning requirements of which SIP requirements are applicable requirement to submit state plans section 172 is that once an area is for purposes of redesignation, have addressing interstate transport attaining the NAAQS, those concluded that there are SIP measures obligations under section requirements are not ‘‘applicable’’ for meeting these requirements, and that 110(a)(2)(D)(i)(I) continue to apply to a purposes of CAA section 107(d)(3)(E)(ii) they are approved or will be approved state regardless of the designation of any and therefore need not be approved into by the time of final rulemaking on the particular area in the state, and thus are the SIP before EPA can redesignate the State’s PM2.5 redesignation request. not applicable requirements to be area. In the General Preamble, EPA set a. Illinois has met all Applicable evaluated in the redesignation context. forth its interpretation of applicable Requirements for Purposes of EPA has applied this interpretation requirements for purposes of evaluating Redesignation of the St. Louis Area consistently in many redesignations for redesignation requests when an area is Under Section 110 and Part D of the decades. See, e.g., 81 FR 44210 (July 7, attaining a standard. See 57 FR 13564. CAA 2016) (final redesignation for the EPA noted that the requirements for Sullivan county, Tennessee area); 79 FR reasonable further progress (RFP) and i. Section 110 General SIP Requirements 43655 (July 28, 2014) (final other measures designed to provide for Section 110(a) of title I of the CAA redesignation for Bellefontaine, Ohio an area’s attainment do not apply in contains the general requirements for a lead nonattainment area); 61 FR 53174– evaluating redesignation requests SIP. Section 110(a)(2) provides that the 53176 (October 10, 1996) and 62 FR because those nonattainment planning implementation plan submitted by a 24826 (May 7, 1997) (proposed and final requirements ‘‘have no meaning’’ for an state must have been adopted by the redesignation for Reading, Pennsylvania area that has already attained the state after reasonable public notice and ozone nonattainment area); 61 FR 20458 standard. Id. This interpretation was hearing, and, among other things, must (May 7, 1996) (final redesignation for also set forth in the Calcagni include enforceable emission Cleveland-Akron-Lorain, Ohio ozone Memorandum.1 limitations and other control measures, nonattainment area); and 60 FR 62748 EPA’s long-standing interpretation means or techniques necessary to meet (December 7, 1995) (final redesignation regarding the applicability of section the requirements of the CAA; provide of Tampa, Florida ozone nonattainment 172(c)’s attainment planning for establishment and operation of area). See also 65 FR 37879, 37890 (June requirements for an area that is attaining appropriate devices, methods, systems, 19, 2000) (discussing this issue in final a NAAQS applies in this redesignation and procedures necessary to monitor redesignation of Cincinnati, Ohio 1-hour of the St. Louis area 1997 annual PM2.5 ambient air quality; provide for ozone nonattainment area); and 66 FR nonattainment area as well. implementation of a source permit 50399 (October 19, 2001) (final As noted above, the remaining section program to regulate the modification redesignation of Pittsburgh, 172(c) ‘‘attainment planning’’ and construction of any stationary Pennsylvania 1-hour ozone requirements are not applicable for source within the areas covered by the nonattainment area). purposes of evaluating the state’s plan; include provisions for the We have reviewed the Illinois SIP and redesignation request. Specifically, implementation of part C, Prevention of determined that it meets the general SIP these are the reasonably available Significant Deterioration (PSD) and part requirements under section 110 of the D, New Source Review (NSR) permit CAA to the extent they are applicable 1 September 4, 1992 Memorandum from John Calcagni, Director, Air Quality Management programs; include criteria for stationary for purposes of redesignation. EPA has Division (EPA), entitled, ‘‘Procedures for Processing source emission control measures, previously approved provisions of Requests to Redesignate Areas to Attainment.’’

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control measures (RACM) requirement requirements for purposes of applicable requirements for the St. under section 172(c)(1), which requires redesignation. Louis area under section 110(k) in the plans for all nonattainment areas to accordance with section 107(d)(3)(E)(ii). (2) Section 176 Conformity provide for the implementation of all Requirements 3. Permanent and Enforceable RACM as expeditiously as practicable Section 176(c) of the CAA requires Reductions in Emissions (Section and to provide for attainment of the 107(d)(3)(E)(iii)) primary NAAQS; the RFP requirement states to establish criteria and under section 172(c)(2), which is procedures to ensure that Federally- EPA finds that Illinois has defined as progress that must be made supported or funded activities, demonstrated that the observed air toward attainment; the requirement to including highway projects, conform to quality improvement in the St. Louis submit section 172(c)(9) contingency the air quality planning goals in the area is due to permanent and measures, which are measures to be applicable SIPs. The requirement to enforceable reductions from Federal taken if the area fails to make reasonable determine conformity applies to measures. In making this demonstration, further progress to attainment; and the transportation plans, programs and Illinois has calculated the change in section 172(c)(6) requirement that the projects developed, funded or approved emissions between 2002, one of the SIP contain control measures necessary under Title 23 of the U.S. Code and the years the St. Louis area was monitoring to provide for attainment of the Federal Transit Act (transportation nonattainment, and 2008, one of the standard. These requirements are not conformity) as well as to all other years the St. Louis area monitored applicable in evaluating Illinois’ Federally-supported or funded projects attainment. The reduction in emissions redesignation request because the St. (general conformity). State and the corresponding improvement in Louis area has monitored attainment of transportation conformity regulations air quality over this period can be the 1997 annual standard prior to the must be consistent with Federal attributed to several regulatory control required attainment date of April 5, conformity regulations relating to measures that the St. Louis and 2010, as promulgated in the Clean Data consultation, enforcement, and contributing areas have implemented in Determination published July 27, 2012 enforceability, which EPA promulgated recent years. (77 FR 38183). pursuant to CAA requirements. EPA approved Illinois’ transportation a. Permanent and Enforceable Controls Section 172(c)(3) requires submission conformity SIPs on December 23, 1997 Implemented and approval of a comprehensive, (62 FR 67000). In April 2010, EPA The following is a discussion of accurate and current inventory of actual promulgated changes to 40 CFR 51.851, permanent and enforceable measures emissions. Illinois submitted a 2008 eliminating the requirement for states to that have been implemented in the area: base year emissions inventory as part of maintain a general conformity SIP. EPA their PM2.5 attainment demonstration on confirms that Illinois has met the i. Federal Emission Control Measures December 6, 2018 and requested that the applicable conformity requirements Reductions in directly emitted fine 2008 inventories be used as the most under section 176. particles and fine particle precursor accurate and current inventory. As emissions have occurred statewide and b. Illinois Has a Fully Approved discussed below in section IV.6, EPA is in upwind areas because of Federal Applicable SIP Under Section 110(k) of proposing to approve Illinois’ 2008 emission control measures, with the CAA emissions inventory as meeting the additional emission reductions expected section 172(c)(3) emission inventory Upon final approval of Illinois’ to occur in the future. Federal emission requirement for the St. Louis area. comprehensive 2008 emissions control measures include the following: Section 172(c)(4) requires the inventories, EPA will have fully Tier 2 Emission Standards for identification and quantification of approved the Illinois SIP for the St. Vehicles and Gasoline Sulfur Standards. allowable emissions for major new and Louis area under section 110(k) of the These emission control requirements modified stationary sources in an area, CAA for all requirements applicable for result in lower NOX and SO2 emissions and section 172(c)(5) and 189(a)(1)(A) purposes of redesignation. EPA may rely from new cars and light duty trucks, requires source permits for the on prior SIP approvals in approving a including sport utility vehicles. The construction and operation of new and redesignation request (See page 3 of the Federal rules were phased in between modified major stationary sources Calcagni memorandum; Southwestern 2004 and 2009. EPA has estimated that, anywhere in the nonattainment area. Pennsylvania Growth Alliance v. by the end of the phase-in period, new EPA approved the current Illinois NSR Browner, 144 F.3d 984, 989–90 (6th Cir. vehicles will emit less NOX with the program for PM2.5 on May 13, 2003 (68 1998); Wall v. EPA, 265 F.3d 426 (6th following percentage decreases: FR 25504). In addition, the state’s Cir. 2001)) plus any additional measures Passenger cars (light duty vehicles)— maintenance plan does not rely on it may approve in conjunction with a 77%; light duty trucks, minivans and nonattainment NSR, therefore having a redesignation action. See 68 FR 25413, sports utility vehicles—86%; and, larger fully approved NSR program is not an 25426 (May 12, 2003). Since the passage sports utility vehicles, vans and heavier applicable requirement; nonetheless, we of the CAA of 1970, Illinois has adopted trucks—69% to 95%. EPA expects fleet- have approved the state’s program.2 and submitted, and EPA has fully wide average emissions to decline by Section 172(c)(7) requires the SIP to approved, provisions addressing various similar percentages as new vehicles meet the applicable provisions of required SIP elements under particulate replace older vehicles. The Tier 2 section 110(a)(2). As noted above, we matter standards. In this action, EPA is standards also reduced the sulfur find that the Illinois SIP meets the proposing to approve Illinois’ 2008 content of gasoline to 30 parts per section 110(a)(2) applicable comprehensive emissions inventories million (ppm) beginning in January for the St. Louis area as meeting the 2006, reducing both directly emitted 2 A detailed rationale for this view is described requirement of section 172(c)(3) of the sulfates and the precursor SO2. in a memorandum from Mary Nichols, Assistant CAA. No St. Louis area SIP provisions Heavy-Duty Diesel Engine Rule. EPA Administrator for Air and Radiation, dated October 14, 1994, entitled, ‘‘Part D New Source Review are currently disapproved, conditionally issued this rule in July 2000. This rule Requirements for Areas Requesting Redesignation approved, or partially approved. includes standards limiting the sulfur to Attainment.’’ Therefore, EPA has fully approved the content of diesel fuel, which went into

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effect in 2004. A second phase took Emission standards from large spark- States by 20%, resulting in a reduction effect in 2007 which reduced fine ignition engines were implemented in of 80,000 tons in 2017 compared to 2015 particle emissions from heavy-duty two tiers, with Tier 1 starting in 2004 levels. highway engines and further reduced and Tier 2 in 2007. Recreational vehicle iii. Consent Decrees the highway diesel fuel sulfur content to emission standards were phased in from 15 ppm. The total program is estimated 2006 through 2012. Marine diesel Air quality in the Illinois portion of to achieve a 90% reduction in direct engine standards were phased in from the nonattainment area has benefited PM2.5 emissions and a 95% reduction in 2006 through 2009. With full from implementation of state point NOX emissions for these new engines implementation of the entire nonroad source NOX controls and other emission using low sulfur diesel, compared to spark-ignition engine and recreational controls targeting PM2.5 precursors. existing engines using higher sulfur engine standards, an 80% reduction in Federally-initiated litigation resulting in content diesel. The reduction in fuel NOX is expected by 2020. Most of these emission-reducing consent decrees with sulfur content also yielded an emission reductions occurred by the local industry include the immediate reduction in sulfate particle 2015–2017 period used to demonstrate ConocoPhillips Global Refinery emissions from all diesel vehicles. attainment, but additional emission Settlement (filed January 27, 2005, U.S. Nonroad Diesel Rule. In May 2004, reductions will occur during the District Court for the Southern District EPA promulgated a rule for large maintenance period. in Texas), which provided for nonroad diesel engines, such as those ii. Control Measures in Contributing installation (no later than December 31, used in construction, agriculture and Areas 2009) of low-NOX burners and ultra-low mining equipment, that was phased in NOX burners on combustion units at its NO SIP Call. On October 27, 1998 between 2008 and 2014. The rule also X ‘‘Distilling West’’ operations (Roxana, (63 FR 57356), EPA issued a NO SIP reduces the sulfur content in nonroad X IL, refinery), as well as reductions of Call requiring the District of Columbia diesel fuel by over 99%. Prior to 2006, SO2, particulate matter, and NOX from and 22 states (including Illinois and nonroad diesel fuel averaged process operations. A settlement Missouri) to reduce emissions of NO approximately 3,400 ppm sulfur. This X. reached with Dynegy Midwest Affected states were required to comply Generation (USA v. IL Power Co., et al. rule limited nonroad diesel sulfur with Phase I of the SIP Call beginning 3:99–cv–833 Consent Decree, March content to 500 ppm by 2006, with a in 2004, and Phase II beginning in 2007. 2005, U.S. District Court for the further reduction to 15 ppm by 2010. Emission reductions resulting from Southern District of Illinois) included The combined engine and fuel rules will regulations developed in response to the reduce NOX and PM2.5 emissions from the requirements to ‘‘commence NOX SIP Call are permanent and large nonroad diesel engines by over enforceable. operation of the SCRs [selective 90%, compared to current nonroad Clean Air Interstate Rule (CAIR). On catalytic reduction systems] installed at engines using higher sulfur content March 10, 2004, EPA promulgated the Baldwin Unit 1, Unit 2 . . . so as to diesel. It is estimated that compliance CAIR. The CAIR required Electric achieve and maintain a 30-day rolling with this rule will cut NOX emissions Generating Units (EGUs) in 28 eastern average emission rate from each such from nonroad diesel engines by up to states and the District of Columbia to unit of not greater than 0.100 lb/mmBtu NOX’’ and ‘‘maintain a 30-day rolling 90%. This rule achieved some emission significantly reduce emissions of NOX average emission rate of not greater than reductions by 2008 and was fully and SO2. On July 6, 2011, EPA finalized implemented by 2010. The reduction in Cross-State Air Pollution Rule (CSAPR) 0.120 lb/mmBtu NOX at Baldwin Unit fuel sulfur content also yielded an as a replacement for CAIR. CSAPR 3.’’ Within this same timeframe, the immediate reduction in sulfate particle became effective on January 1, 2015, for National Emission Standards for emissions from all diesel vehicles. SO2 and annual NOX, and May 1, 2015, Hazardous Air Pollutants (NESHAP) for Nonroad Large Spark-Ignition Engine for ozone season NOX. EPA estimated Integrated Iron and Steel Manufacturing and Recreational Engine Standards. In CSAPR will reduce EGU SO2 emissions Facilities was amended on July 13, November 2002, EPA promulgated by 73% and NOX emissions by 54% 2006, affecting emission limits from the emission standards for groups of from 2005 levels in the CSAPR region, blast furnaces and Basic Oxygen previously unregulated nonroad which includes Illinois. Furnace shop at the U.S. Steel facility in engines. These engines include large On September 7, 2016, EPA Granite City, Illinois. The control spark-ignition engines such as those promulgated an update to CSAPR that measures and emission reductions used in forklifts and airport ground- will bring even greater reductions in resulting from this federal rulemaking service equipment; recreational vehicles NOX emissions. EPA estimated that the and consent agreements continue to be using spark-ignition engines such as off- CSAPR update and other changes permanent and enforceable. highway motorcycles, all-terrain already underway in the power sector The emissions reductions resulting vehicles and snowmobiles; and will cut ozone season NOX emissions from these control measures are in Table recreational marine diesel engines. from power plants in the eastern United 2.

TABLE 2—2002 AND 2008 EMISSIONS TOTALS FOR THE ST. LOUIS 1997 ANNUAL PM2.5 NAAQS [Tons/year]

Pollutant 2002 2008 Difference

PM2.5 ...... 10,950.60 8,136.98 ¥2,813.62 NOX ...... 61,860.58 44,722.08 ¥17,138.50 SO2 ...... 55,940.09 50,557.33 ¥5,382.76 VOC ...... 40,697.69 21,753.04 ¥18,944.65 NH3 ...... 4,418.65 3,873.19 ¥545.46

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4. Maintenance Plan Pursuant to b. Attainment Inventory SIP revision to provide for the Section 175A of the CAA (Section Illinois developed an emissions maintenance of the NAAQS in the area ‘‘for at least 10 years after the 107(d)(3)(E)(iv)) inventory for annual PM2.5 emissions for 2008, one of the years in the period redesignation.’’ EPA has interpreted this In conjunction with the request to during which the St. Louis area as a showing of maintenance ‘‘for a redesignate the St. Louis nonattainment monitored attainment of the 1997 period of ten years following area to attainment status, Illinois has annual PM2.5 NAAQS. The attainment redesignation.’’ Calcagni Memorandum, submitted a SIP revision to provide for levels of emissions are summarized in p. 9. Where the emissions inventory maintenance of the 1997 annual PM2.5 Tables 3 through 7, along with future method of showing maintenance is NAAQS in the area through 2030. maintenance projections. used, the purpose is to show that a. What is required in a maintenance emissions during the maintenance c. Demonstration of Maintenance period will not increase over the plan? As discussed above, EPA has attainment year inventory. Id. at pp. 9– Section 175A of the CAA sets forth determined that the St. Louis area 10. the required elements of a maintenance attained the 1997 annual PM2.5 NAAQS As discussed in detail below, Illinois’ plan for areas seeking redesignation based on monitoring data for the 3-year maintenance plan submission expressly from nonattainment to attainment. period from 2007–2009 and based on documents that the St. Louis area’s Under section 175A, the plan must 2015–2017 monitoring data continues to overall emissions inventories will demonstrate continued attainment of attain the standard. In its maintenance remain well below the attainment year the applicable NAAQS for at least ten plan, Illinois selected 2008 as the inventories through 2030. In addition, years after EPA approves a attainment emission inventory year. The for the reasons set forth below, EPA redesignation to attainment. Eight years attainment inventory identifies the level believes that the St. Louis area will after redesignation, the state must of emissions in the St. Louis area that continue to maintain the 1997 annual is sufficient to attain the 1997 annual submit a revised maintenance plan PM2.5 NAAQS through 2030. Thus, if PM NAAQS. Illinois began which demonstrates that attainment will 2.5 EPA finalizes its proposed approval of development of the attainment continue to be maintained for ten years the redesignation request and inventory by first generating a baseline following the initial ten year maintenance plan, the approval will be emissions inventory for the St. Louis based upon this showing, in accordance maintenance period. To address the area. The year 2008 was chosen as the possibility of future NAAQS violations, with section 175A, and EPA’s analysis base year for developing a described herein, that the Illinois the maintenance plan must contain comprehensive emissions inventory for contingency measures with a schedule maintenance plan provides for direct PM2.5, NOX, SO2, VOC, and NH3. maintenance for at least 10 years after for implementation as EPA deems The projected inventory included with redesignation. necessary to assure prompt correction of the maintenance plan estimates The maintenance plan for the St. any future PM2.5 NAAQS violations. emissions forward to 2025 and 2030, Louis 1997 annual PM2.5 area includes The Calcagni Memorandum provides which satisfies the ten year interval a maintenance demonstration that: additional guidance on the content of a required in section 175A of the CAA. (i) Shows compliance with and The emissions inventories address maintenance plan. The memorandum maintenance of the annual PM four major types of sources: Point, area, 2.5 states that a maintenance plan should standard by providing information to onroad mobile, and nonroad mobile. address the following items: The support the demonstration that current attainment emissions inventory, a The future year emissions inventories have been estimated using projected and future emissions of PM2.5 and NOX, maintenance demonstration showing as well as other precursors, remain at or maintenance for the ten years of the rates of growth in population, traffic, economic activity, expected control below 2008 emissions levels. maintenance period, a commitment to (ii) Uses 2008 as the attainment year maintain the existing monitoring programs, and other parameters. Nonroad mobile emissions estimates and includes future emission inventory network, factors and procedures to be projections for 2025 and 2030. used for verification of continued were based on EPA’s nonroad mobile model, with the exception of the (iii) Identifies an ‘‘out year’’ at least attainment of the NAAQS, and a ten years after EPA review and potential contingency plan to prevent or correct railroad locomotives, commercial marine, and aircraft. Onroad mobile approval of the maintenance plan. Per future violations of the NAAQS. source emissions were calculated using 40 CFR part 93, PM2.5, and NOX MVEBs As discussed in detail in the section EPA’s MOVES2014a onroad mobile were established for the last year (2030) below, the state’s maintenance plan emission model. The 2008 PM2.5, NOX, of the maintenance plan. submission expressly documents that SO2, VOC, and NH3 emissions for St. (iv) Provides, as shown in Tables 3 the area’s emissions inventory and Louis area, as well as the emissions for through 7 below, the estimated and modeling show that the area will remain other years, were developed consistent projected emissions inventories, in tons below the attainment year inventories with EPA guidance. per year, covering only the Illinois through 2030, more than ten years after Section 175A requires a state seeking portion of the St. Louis, MO–IL area, for redesignation. redesignation to attainment to submit a PM2.5, NOX, SO2, VOC, and NH3.

TABLE 3—ST. LOUIS AREA PM2.5 EMISSION INVENTORIES [Tons/year]

Sector 2008 Attainment 2030 Maintenance Difference

Point ...... 2,438.05 2,350.90 ¥87.15 Area ...... 4,749.40 4,656.69 ¥92.71 Onroad ...... 524.49 104.24 ¥420.25

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TABLE 3—ST. LOUIS AREA PM2.5 EMISSION INVENTORIES—Continued [Tons/year]

Sector 2008 Attainment 2030 Maintenance Difference

Offroad ...... 425.04 304.41 ¥120.63

Total ...... 8,136.98 7,416.24 ¥720.74

TABLE 4—2002 AND 2008 EMISSIONS TOTALS FOR THE ST. LOUIS 1997 ANNUAL PM2.5 NAAQS [Tons/year]

Sector 2008 Attainment 2030 Maintenance Difference

Point ...... 16,608.41 14,519.27 ¥2,089.14 Area ...... 1,638.36 1,766.40 128.04 Onroad ...... 17,965.82 2,984.38 ¥14,981.44 Offroad ...... 8,509.49 9,222.09 712.60

Total ...... 44,722.08 28,492.14 ¥16,229.94

TABLE 5—ST. LOUIS AREA SO2 EMISSION INVENTORIES [Tons/year]

Sector 2008 Attainment 2030 Maintenance Difference

Point ...... 49,895.15 47,652.59 ¥2,242.56 Area ...... 246.64 275.09 28.45 Onroad ...... 60.26 51.76 ¥8.50 Offroad ...... 355.25 432.68 77.43

Total ...... 50,577.33 48,412.12 ¥2,165.21

TABLE 6—ST. LOUIS AREA VOC EMISSION INVENTORIES [Tons/year]

Sector 2008 Attainment 2030 Maintenance Difference

Point ...... 4,270.41 6,071.31 1,800.90 Area ...... 7,796.35 9,676.73 1,880.38 Onroad ...... 6,741.77 1,402.96 ¥5,338.81 Offroad ...... 2,994.51 1,605.73 ¥1,388.78

Total ...... 21,753.04 18,756.74 ¥2,996.30

TABLE 7—ST. LOUIS AREA NH3 EMISSION INVENTORIES [Tons/year]

Difference Sector 2008 Attainment 2030 Maintenance 2008–2030

Point ...... 208.31 270.38 62.07 Area ...... 3,354.13 3,381.35 27.22 Onroad ...... 304.71 187.59 ¥117.12 Offroad ...... 6.04 8.94 2.9

Total ...... 3,873.19 3,848.27 ¥24.92

As discussed in the section below, the determining attainment with the annual enter all data into the AQS in state’s maintenance plan submission PM2.5 standard for the St. Louis area. accordance with Federal guidelines in expressly documents that the area’s EPA has determined that the monitors accordance with 40 CFR part 58. Illinois emission levels will remain below the maintained by both Illinois and will use these data, supplemented with attainment year emission levels through Missouri constitute an adequate additional information as necessary, to 2030. monitoring network. assure that the area continues to attain the standard. Illinois will also continue d. Monitoring Network e. Verification of Continued Attainment to develop and submit periodic Illinois and Missouri each currently Illinois remains obligated to continue emission inventories as required by the operate five monitors for purposes of to quality-assure monitoring data and Federal Consolidated Emissions

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Reporting Rule (67 FR 39602, June 10, violation of the standard (three-year continue implementing any SIP 2002) to track future levels of emissions. average of the weighted annual means of requirements, satisfy the pertinent These actions will help to verify greater than 15.0 mg/m3). If the Level II requirements of section 175A. continued attainment in accordance trigger occurs, Illinois will conduct an with 40 CFR part 58. analysis to determine control measures 5. Motor Vehicle Emissions Budget to address the violation within six (MVEBs) for PM2.5 and NOX, and Safety f. Contingency Plan months. Level II trigger measures that Margin for the St. Louis Area The contingency plan provisions are can be implemented in a short time will The maintenance plan submitted by designed to promptly correct or prevent be selected to be in place within 18 Illinois for the St. Louis area contains months from the close of the calendar a violation of the NAAQS that might new primary PM , NO , and VOC year that prompted the action level. 2.5 X occur after redesignation of an area to MVEBs for the area for the years 2008 Illinois will also consider the timing of attainment. Section 175A of the CAA and 2030. MVEBs are the projected an action level trigger and determine if requires that a maintenance plan levels of controlled emissions from the additional, significant new regulations include such contingency measures as transportation sector (mobile sources) EPA deems necessary to assure that the not currently included as part of the maintenance provisions will be that are estimated in the SIP to provide state will promptly correct a violation of for maintenance of the ozone standard. the NAAQS that occurs after implemented in a timely manner and will constitute our response. The MVEBs were calculated using redesignation. The maintenance plan MOVES2014a. Table 8 details Illinois’ should identify the contingency Because it is not possible to determine what control measures will be 2008 and 2030 MVEBs for the St. Louis measures to be adopted, a schedule and area. procedure for adoption and appropriate at an unspecified time in implementation of the contingency the future, Illinois provides that TABLE 8—MVEBS FOR THE ST. LOUIS measures, and a time limit for action by additional facility-specific controls the state. The state should also identify requiring reductions in NOX, PM2.5, SO2 1997 ANNUAL PM2.5 MAINTENANCE specific indicators to be used to and/or VOC emissions and broader PLAN determine when the contingency geographic applicability of existing [tons/year] measures need to be adopted and measures are options for implemented. The maintenance plan implementation. Pollutant 2008 MVEB 2030 MVEB As required by section 175A(b) of the must include a requirement that the CAA, Illinois commits to submit to EPA state will implement all pollution PM2.5 ...... 524.49 208.29 an updated PM maintenance plan control measures that were contained in 2.5 NOX ...... 17,965.82 5,980.67 eight years after redesignation of the St. the SIP before redesignation of the area VOC ...... 6,741.77 2,470.72 Louis area to cover an additional ten to attainment. See section 175A(d) of year period beyond the initial ten year the CAA. Illinois included ‘‘safety margins’’ as maintenance period. provided for in 40 CFR 93.124(a). A The Illinois contingency plan defines For the reasons set forth above, EPA Level I and Level II contingency is proposing to approve Illinois’ 1997 ‘‘safety margin’’, as defined in the transportation conformity rule (40 CFR measure triggers. The Level I triggers are annual PM2.5 maintenance plan for the activated when the PM2.5 average of the St. Louis area as meeting the part 93, subpart A), is the amount by weighted annual mean of 15.0 mg/m3 or requirements of CAA section 175A. which the total projected emissions greater occurs in a single calendar year Illinois further commits to conduct from all sources of a given pollutant are within the maintenance area or the total ongoing review of its data, and if less than the total emissions that would maintenance area emissions increase monitored concentrations or emissions satisfy the applicable requirement for 5% or more above the 2008 inventory. are trending upward, Illinois commits to reasonable further progress, attainment, A Level I trigger response will consist of take appropriate steps to avoid a or maintenance. The attainment level of a study, to be completed within nine violation if possible. Illinois commits to PM2.5, NOX, and VOC emissions for the months, to determine whether the PM2.5 continue implementing SIP St. Louis area is shown in tables 3, 4, value indicates a trend toward higher requirements upon and after and 6. Table 9 shows the remaining PM2.5 values or whether emissions redesignation. safety margin for the St. Louis area appear to be increasing. The Level II EPA finds that Illinois’ contingency following the allocation to the PM2.5, trigger will be prompted whenever a measures, as well as the commitment to NOX, and VOC MVEBs.

TABLE 9—2030 SAFETY MARGIN FOR ST. LOUIS 2012 ANNUAL PM2.5 MAINTENANCE PLAN [tons/year]

Safety margin Pollutant 2030 Safety allocated to 2030 Safety margin margin MVEB remaining

PM2.5 ...... 720.74 104.05 616.69 NOX ...... 16,299.94 2,996.29 13,233.65 VOC ...... 2,996.3 1,067.76 1,928.54

The 2008 actual and 2030 projected allocation of the safety margin to the to mobile sources, these portions of the emissions, even with this allocation, MVEBs for the St. Louis area meet the safety margins will not be available for will be below the 2008 attainment year requirements of the transportation use by other sources. emissions for PM2.5, NOX, and VOC. For conformity regulations at 40 CFR part this reason, EPA finds that the 93,and are approvable. Once allocated

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6. Comprehensive Emissions Inventory impose any new requirements, but Indian tribe has demonstrated that a for the St. Louis Area rather results in the application of tribe has jurisdiction. In those areas of As discussed above, section 172(c)(3) requirements contained in the CAA for Indian country, the rule does not have of the CAA requires areas to submit a areas that have been redesignated to tribal implications and will not impose comprehensive emissions inventory attainment. Moreover, the Administrator substantial direct costs on tribal including direct PM and all four is required to approve a SIP submission governments or preempt tribal law as that complies with the provisions of the specified by Executive Order 13175 (65 precursors (SO2, NOX, VOCs, and ammonia). Actual emissions contained Act and applicable Federal regulations. FR 67249, November 9, 2000). 42 U.S.C. 7410(k); 40 CFR 52.02(a). in the submittal cover the general source List of Subjects categories of point sources, area sources, Thus, in reviewing SIP submissions, onroad mobile sources, and nonroad EPA’s role is to approve state choices, 40 CFR Part 52 mobile sources for the base attainment provided that they meet the criteria of Environmental protection, Air year of 2008. the CAA. Accordingly, this action pollution control, Incorporation by For this reason, EPA proposes to merely approves state law as meeting reference, Intergovernmental relations, approve the emissions inventory as Federal requirements and does not Nitrogen dioxide, Particulate matter, complete and accurate, and meets the impose additional requirements beyond Sulfur oxides. requirement of CAA section 172(c)(3). those imposed by state law. For these reasons, these actions: 40 CFR Part 81 • V. What are the effects of EPA’s Is not a significant regulatory action Environmental protection, Air actions? subject to review by the Office of pollution control, National parks, EPA is proposing to change the Management and Budget under Wilderness areas. official designation of the St. Louis area Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, Dated: March 11, 2019. for the 1997 annual PM2.5 NAAQS, Cheryl L. Newton, found at 40 CFR part 81, from January 21, 2011); • Is not an Executive Order 13771 (82 Acting Regional Administrator, Region 5. nonattainment to attainment. EPA is FR 9339, February 2, 2017) regulatory proposing to determine that the St. [FR Doc. 2019–05285 Filed 3–20–19; 8:45 am] action because SIP approvals are Louis area has attained the 1997 annual BILLING CODE 6560–50–P exempted under Executive Order 12866; PM standard, based on the most 2.5 • Does not impose an information recent three years of certified air quality collection burden under the provisions data. This action also proposes to AGENCY FOR INTERNATIONAL of the Paperwork Reduction Act (44 approve the maintenance plan for the DEVELOPMENT U.S.C. 3501 et seq.); 1997 annual PM2.5 NAAQS as revisions • Is certified as not having a 48 CFR Parts 739 and 752 to the Illinois SIP for the St. Louis area. significant economic impact on a Also, the EPA proposes to approve the substantial number of small entities [0412–AA87] 2008 emissions inventory for the St. under the Regulatory Flexibility Act (5 United States Agency for International Louis area as well as the 2008 and 2030 U.S.C. 601 et seq.); MVEBs for the St. Louis area. These • Does not contain any unfunded Development Acquisition Regulation MVEBs will be used in future mandate or significantly or uniquely (AIDAR): Security and Information transportation conformity analyses for affect small governments, as described Technology Requirements the area. in the Unfunded Mandates Reform Act AGENCY: In addition, if finalized, according to U.S. Agency for International of 1995 (Pub. L. 104–4); Development. the Fine Particulate Matter National • Does not have Federalism ACTION: Proposed rule. Ambient Air Quality Standards: State implications as specified in Executive Implementation Plan Requirements (81 Order 13132 (64 FR 43255, August 10, SUMMARY: The U.S. Agency for FR 58009, August 24, 2016), ‘‘for an area 1999); International Development (USAID) that is redesignated to attainment after • Is not an economically significant seeks public comment on a proposed the effective date of this final rule, the regulatory action based on health or rule that would amend the USAID 1997 primary annual PM NAAQS will 2.5 safety risks subject to Executive Order Acquisition Regulation (AIDAR) to be revoked in such an area on the 13045 (62 FR 19885, April 23, 1997); incorporate a revised definition of effective date of its redesignation to • Is not a significant regulatory action information technology and other attainment for that NAAQS. After subject to Executive Order 13211 (66 FR requirements relating to information revocation of the 1997 primary annual 28355, May 22, 2001); security and information technology PM2.5 NAAQS in a given area, the • Is not subject to requirements of approvals. The Federal Information designation for that standard is no Section 12(d) of the National Technology Acquisition Reform Act longer in effect.’’ Technology Transfer and Advancement requires improved management of the Act of 1995 (15 U.S.C. 272 note) because VI. Statutory and Executive Order acquisition of Information technology application of those requirements would Reviews resources. This proposed rule revising be inconsistent with the CAA; and the AIDAR, if adopted, would provide Under the CAA, redesignation of an • Does not provide EPA with the increased oversight of contractor area to attainment and the discretionary authority to address, as acquisition and use of information accompanying approval of the appropriate, disproportionate human technology resources. maintenance plan under CAA section health or environmental effects, using 107(d)(3)(E) are actions that affect the practicable and legally permissible DATES: Comments must be received no status of a geographical area and do not methods, under Executive Order 12898 later than May 20, 2019. impose any additional regulatory (59 FR 7629, February 16, 1994). ADDRESSES: Address all comments requirements on sources beyond those In addition, the SIP is not approved concerning this notice to Carol Ketrick, required by state law. A redesignation to to apply on any Indian reservation land Bureau for Management, Office of attainment does not in and of itself or in any other area where EPA or an Acquisition and Assistance, Policy

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Division (M/OAA/P), Room 867F, SA– B. Background Information (PII). In addition to the 44, Washington, DC 20523–2052. On September 5, 2014, the Office of contract requirements originating from Submit comments, identified by title of Management and Budget (OMB) and the the AAPD 16–02 (Revised), a proposed the action and Regulatory Information National Security Council (NSC) clause providing requirements for Number (RIN) by any of the following convened a President’s Management development and/or maintenance of methods: Council, with one of the focus areas third-party USAID-financed websites is 1. Through the Federal eRulemaking being improvement of cybersecurity in included in the rule. Accordingly, USAID is proposing to Portal at http://www.regulations.gov by Federal acquisitions, in particular, amend the U.S. Agency for International following the instructions for submitting accountability of contractors providing Development (USAID) Acquisition comments. IT systems and services to the Federal Regulation (AIDAR) to revise various 2. By Mail addressed to: USAID, government. sections that will implement policy and Accordingly, USAID is taking steps to Bureau for Management, Office of procedures for contracts and orders for, address information security for Acquisition & Assistance, Policy or include a requirement for, information and information systems Division, Room 867–F, SA–44, information technology (IT) supplies, that support the operations and assets of Washington, DC 20523–2052. services and/or systems. These the agency, including those managed by Comments on the information requirements will ensure that contractors. The new requirements will collection request under Section E, contractors comply with the current Paperwork Reduction Act must be strengthen protections of Agency Agency IT policies. The requirements in submitted to both USAID and OMB/ information systems/facilities. this proposed rule would implement the Following the cybersecurity review OIRA as follows: requirements under the following directed by OMB ‘‘Follow-Up to USAID—Carol Ketrick at cketrick@ authorities: The E-Government Act of President’s Management Council usaid.gov. 2002; Federal Information Technology _ Cybersecurity Meeting, September 5, Acquisition Reform ACT (FITARA) OMB/OIRA—email to oira 2014’’, which was completed by the [email protected], fax to (202) (Section 831 of the National Defense agency Office of the Chief of Authorization Act for Fiscal Year 2015, 395–6974, or mail to the Office of Information Officer (CIO) in October Information and Regulatory Affairs, Pub. L. 113–291) and; Section 508 of the 2014, a revised clause 752.204–72 Rehabilitation Act of 1973, as amended Office of Management and Budget, 725 Access to USAID facilities and USAID’s 17th Street NW, Washington, DC 20503. (29 U.S.C. 794d) (‘‘Section 508’’); Information Systems (now titled Privacy Act of 1974 (5 U.S.C. 552a—the FOR FURTHER INFORMATION CONTACT: Homeland Security Presidential Act); Federal Information Security Carol Ketrick, Telephone: 202–567– Directive-12 (HSPD–12) and Personal Management Act (FISMA) of 2002 4676 or email: [email protected]. Identity Verification (PIV)), and new (FISMA, Pub. L. 107–347. 44 U.S.C. SUPPLEMENTARY INFORMATION: special contract requirements were 3531–3536); National Institute of developed and implemented on an Standards and Technology (NIST) A. Instructions interim basis under USAID Acquisition Special Publication 800–53 revision 4 or All comments must be in writing and and Assistance Policy Directive (AAPD) the current version; and Office of submitted through one of the methods 16–02 SPECIAL CONTRACT Management and Budget (OMB) specified in the Addresses section REQUIREMENTS FOR INFORMATION Circular A–130. above. All submissions (and TECHNOLOGY (IT) on May 3, 2016. USAID proposes to add AIDAR attachments) must include the title of The requirements in the AAPD were subpart 739, revise AIDAR 752.204–72, updated and reissued as AAPD 16–02 and include new clauses as follows: the action and RIN for this rulemaking. • Please include your name, title, (Revised) on May 1, 2018. The policy FAR subpart 739 provides the organization, postal address, telephone published in the AAPD 16–02 (Revised) Agency definition of ‘‘information number, and email address in the text provides a new definition of technology’’ as issued in AAPD 16–02 of the message. information technology, and includes (Revised). As part of the AAPD 16–02 various requirements applicable to (Revised), a Class Deviation to FAR Part Please note that USAID recommends information and system security, as well 2.101(b) definition of ‘‘information sending all comments to the Federal as requirements for Electronic and technology’’ was approved by the head eRulemaking Portal because security Information Technology Accessibility, of the contracting activity. This new screening precautions have slowed the software licenses, and prior agency definition broadens and clarifies the delivery and dependability of surface approval of IT purchases. definition to include services such as mail to USAID/Washington. This AIDAR proposed rule, when cloud services; it is derived from the All comments will be made available finalized and effective, will establish the definition set forth in the Office of at http://www.regulations.gov for public new definition, the revised AIDAR Management and Budget’s (OMB’s) review without change, including any clause 752.204–72 Homeland Security guidance at OMB Memo M–15–14, personal information provided. We Presidential Directive-12 (HSPD–12) Management Oversight of Federal recommend that you do not submit and Personal Identity Verification (PIV), Information Technology dated June 10, information that you consider and AIDAR clauses based on some of 2015. AIDAR 739.2 adds this definition, Confidential Business Information (CBI) the special contract requirements from which also appears at 752.239–XX Use or any information that is otherwise the AAPD 16–02 (Revised). The of Information Technology Approval protected from disclosure by statute. remaining special contract requirements and 752.239–XX Limitation on Use of USAID will only address comments regarding information and system Information Technology. that explain why this proposed rule security in AAPD 16–02 (Revised) that • AIDAR Clause 752.204–72 Access would be inappropriate, ineffective, or are not included in this proposed rule to USAID Facilities and USAID’s unacceptable without a change. will be assessed after finalization of the Information Systems is being replaced Comments that are insubstantial or currently open FAR cases on Controlled in its entirety with a new title outside the scope of the rule may not be Unclassified Information (CUI) and Homeland Security Presidential considered. Breaches of Personally Identifiable Directive-12 (HSPD–12) and Personal

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Identity Verification (PIV) and technology (IT) management practices associated with risk issues, including significant changes to reflect additional in OMB Memo M–15–14 Management security and privacy of data, and the restrictions and reporting to better Oversight of Federal Information costs of ensuring security of the IT implement Homeland Security Technology. system itself. Presidential Directive-12 (HSPD–12) • AIDAR 752.239–XX Software This clause is consistent with the (August 27, 2004) and PIV procedures. License addresses the need to ensure guidance promulgated by OMB in The revision improves requirements that acquired software is aligned with support of the Federal Information for contractor personnel provided access the agency’s enterprise architecture; it Technology Acquisition Reform Act to agency facilities and information will also enable the Agency to (FITARA) and related information systems, as well as timely monitoring of consolidate licenses when appropriate technology (IT) management practices such access when the employee’s in alignment with OMB Category in OMB Memo M–15–14 Management employment is terminated. The revised Management Policy 16–1. Oversight of Federal Information clause requires submission of staff The clause clarifies that renewal of Technology. reports listing employees that require software licenses may only occur in • AIDAR 752.239–XX Skills and access to USAID facilities or accordance with the mutual agreement Certification Requirements for Privacy information systems, and also specifies of the parties; or an option renewal and Security Staff requires that the Agency’s authority to suspend or clause allowing the Government to Contractor personnel performing the unilaterally exercise one or more terminate the access to any systems and/ roles of Information System Security options to extend the term of the award. or facilities if an Information Security Officer and Information Security Since renewal of a software license Incident or other electronic access Specialists possess a Certified would require the obligation of funds by violation, use, or misuse incident gives Information Systems Security the Federal Government, renewal must cause for such action. Professional (CISSP) certification. All • AIDAR 752.204–XX USAID- not be automatic. USAID contractors who have significant Financed Third-party websites requires Commercial off the shelf software information security responsibilities as that Contractors adhere to certain solutions are offered to the public under defined by OPM 5 CFR part 930 must requirements when developing, standard agreements that may take a complete specialized IT security launching, and maintaining a third- variety of forms, including license party website funded by USAID for the agreements, terms of service (TOS), training. purpose of meeting the project terms of sale or purchase, and similar Additionally, contractor personnel implementation goals. This applies to agreements. Customarily, these standard filling the role of Privacy Analysts must sites hosted on environments external to agreements contain terms and possess a Certified Information Privacy USAID boundaries and not directly conditions that are appropriate when Professional (CIPP) credential with a controlled by USAID policies and staff. the purchaser is a private party but are CIPP/US to ensure that Privacy Analysts The clause requires adherence to inappropriate when the purchaser is the have the expertise required to Agency branding requirements and Federal Government. implement U.S. government privacy limits the contractor to collecting only • AIDAR 752.239–XX Information laws, regulations and policies specific to the amount of information necessary to and Communication Technology (ICT) government practice. complete the specific business need as Accessibility requires contractors to C. Regulatory Planning and Review required by statute, regulation, or implement Section 508 of the Executive Order. Rehabilitation Act of 1973, as amended This proposed rule has been • AIDAR 752.239–XX Limitation on (29 U.S.C. 794d) (‘‘Section 508’’). This determined to be ‘‘nonsignificant’’ Information Technology prohibits the clause applies to all development, under Executive Order 12866, acquisition of information technology procurement, maintenance, and Regulatory Planning and Review, dated under an award as defined in the clause information communication technology September 30, 1993 and, therefore, is unless prior approval is obtained from for use by USAID and members of the not subject to review. the contracting officer. U.S. public. This proposed rule is not a major rule The clause ensures that only • AIDAR 752.239–XX Information under 5 U.S.C. 804. information technology approved by the Technology Approval requires that D. Regulatory Flexibility Act Agency Chief Information officer (CIO) contractors acquire only the information is acquired, pursuant to the Federal technology specified in the contract, The proposed rule does not have a Information Technology Acquisition and specifies a process to request significant economic impact on a Reform ACT (FITARA)(Section 831 of approval if the Contractor determines substantial number of small entities the National Defense Authorization Act that acquisition of information within the meaning of the Regulatory for Fiscal Year 2015, Pub. L. 113–291). technology is necessary to meet the Flexibility Act, 5 U.S.C. 601, et seq. All agency IT investment decisions, Government’s requirements under the Therefore, an Initial Regulatory including software and IT equipment, award. The clause ensures that only Flexibility Analysis has not been must be made consistent with the information technology approved by the performed. Agency Chief Information Officer (CIO) agency’s enterprise architecture. USAID E. Paperwork Reduction Act must consider the total cost of is acquired, pursuant to the Federal ownership including the costs Information Technology Acquisition The Paperwork Reduction Act (44 associated with risk issues, including Reform ACT (FITARA)(Section 831 of U.S.C. chapter 35) applies. The security and privacy of data, and the the National Defense Authorization Act proposed rule contains an information costs of ensuring security of the IT for Fiscal Year 2015, Pub. L. 113–291). collection requirement. Accordingly, system itself. All agency IT investment decisions, USAID has submitted a request to the This clause is consistent with the including software and IT equipment, Office of Management and Budget for guidance promulgated by OMB in must be made consistent with the approval of a new information support of the Federal Information agency’s enterprise architecture. USAID collection requirement concerning Technology Acquisition Reform Act must consider the total cost of ‘‘Access to USAID Facilities and (FITARA) and related information ownership including the costs USAID’s Information Systems’’ and the

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monthly reports of employees requiring List of Subjects in 48 CFR parts 739 and Authority: Sec. 621, Pub. L. 87–195, 75 access. 752 Stat. 445, (22 U.S.C. 2381) as amended; E.O. 12163, Sept. 29, 1979, 44 FR 56673; and 3 Access to USAID Facilities and USAID’s Government procurement. CFR 1979 Comp., p. 435. Information Systems For the reasons discussed in the ■ 3. Amend section 752.204–72 by preamble, USAID proposes to amend 48 Public reporting burden for this revising the section heading and the CFR Parts 739 and 752 as set forth collection of information is estimated to clause to read as follows: below: average initially eight hours ■ 1. Add part 739 to read as follows: 752.204–72 Homeland Security immediately after contract award to Presidential Directive-12 (HSPD–12) and develop the list of employee’s requiring PART 739—Acquisition of Information Personal Identity Verification (PIV). access, then 2 hours per month to Technology * * * * * update such a list, including the time for reviewing instructions, gathering/ Sec. Homeland Security Presidential maintaining the employee names, and 739.002 Definitions Directive-12 (HSPD–12) and Personal forwarding the list to the agency for 739.003 [Reserved] Identity Verification (PIV) (Date) processing. The recordkeeping Authority: Sec. 621, Pub. L. 87–195, 75 (a) Individuals engaged in the performance requirements are minor. While a Stat. 445, (22 U.S.C. 2381) as amended; E.O. of this award as employees, consultants, or contractor is required to identify and 12163, Sept. 29, 1979, 44 FR 56673; and 3 volunteers of the contractor must comply submit the list of its employees who CFR 1979 Comp., p. 435. with all applicable HSPD–12 and PIV require access, there is no requirement 739.002 Definitions. procedures, as described below, and any to collect this information in a subsequent USAID or Government-wide particular format for submission to the As used in this part— HSPD–12 and PIV procedures/policies. agency. Information Technology means (b) A U.S. citizen or resident alien engaged The annual reporting burden is (1) Any services or equipment, or in the performance of this award as an estimated as follows: interconnected system(s) or employee, consultant, or volunteer of a U.S subsystem(s) of equipment, that are firm may obtain access to USAID facilities or Total number of respondents and the used in the automatic acquisition, logical access to USAID’s information amount of time estimated for an average storage, analysis, evaluation, systems only when and to the extent respondent to respond: 138 contractors; necessary to carry out this award and in manipulation, management, movement, eight hours for the initial report, 24 accordance with this clause. The contractor’s control, display, switching, interchange, hours annually thereafter for submission employees, consultants, or volunteers who transmission, or reception of data or of the monthly reports. are not U.S. citizens or resident aliens as well information by the agency; where as employees, consultants, or volunteers of Total public burden (in hours) (2) Such services or equipment are non-U.S. firms, irrespective of their associated with the collection: 1,104 ‘‘used by an agency’’ if used by the citizenship, will not be granted logical access hours initially, and 3,312 hours agency directly or if used by a to U.S. Government information technology annually thereafter. contractor under a contract with the systems (such as Phoenix, GLAAS, etc.) and Total public burden (in cost) agency that requires either use of the must be escorted to use U.S. Government associated with the collection: Initial facilities (such as office space). services or equipment or requires use of (c) (1) No later than five business days after submission, $54,537, then $163,613 the services or equipment to a award, the Contractor must provide to the annually thereafter. significant extent in the performance of Contracting Officer’s Representative (COR) a When submitting comments on these a service or the furnishing of a product. complete list of employees that require information collections, your comments (3) The term ‘‘information access to USAID facilities or information should address one or more of the technology’’ includes computers, systems. following four points: ancillary equipment (including imaging (2) Before a contractor (or a contractor employee, consultant, or volunteer) or (1) Evaluate whether the proposed peripherals, input, output, and storage devices necessary for security and subcontractor at any tier may obtain a USAID collection of information is necessary ID (new or replacement) authorizing the for the proper performance of the surveillance), peripheral equipment individual routine access to USAID facilities functions of the agency, including designed to be controlled by the central in the United States, or logical access to whether the information will have processing unit of a computer, software, USAID’s information systems, the individual practical utility; firmware and similar procedures, must provide two forms of identity source services (including provisioned services documents in original form to the Enrollment (2) Evaluate the accuracy of the such as cloud computing and support Office personnel when undergoing agency’s estimate of the burden of the services that support any point of the processing. One identity source document proposed collection of information, lifecycle of the equipment or service), must be a valid Federal or State Government- including the validity of the and related resources. issued picture ID. Contractors may contact the USAID Security Office to obtain the list methodology and assumptions used; (4) The term ‘‘information (3) Ways to enhance the quality, of acceptable forms of documentation. technology’’ does not include any Submission of these documents, to include utility, and clarity of the information to equipment that is acquired by a documentation of security background be collected; and contractor incidental to a contract that investigations, is mandatory in order for the (4) Ways which USAID can minimize does not require use of the equipment. contractor to receive a PIV or PIV-Alternative the burden of the collection of (PIV–A)/Facilities Access Card (FAC) card information on those who are to 739.003 [Reserved] and be granted access to any of USAID’s respond, including through the use of information systems. All such individuals PART 752—SOLICITATION must physically present these two source appropriate automated, electronic, PROVISIONS AND CONTRACT documents for identity proofing at their mechanical, or other technological CLAUSES enrollment. collection techniques or other forms of (d) The Contractor must send a staffing information technology, e.g., permitting ■ 2. The authority for part 752 report to the COR by the fifth day of each electronic submission of responses. continues to read as follows: month. The report must contain the listing of

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all staff members with access who were website funded by USAID for the purpose of identified during such scans, and report separated or hired under this contract in the meeting the project implementation goals: subsequent remediation actions to CISO at past sixty (60) calendar days. This report (1) Prior to website development, the [email protected] and COR within 30 calendar must be submitted even if no separations or Contractor must provide information as days from the date vulnerabilities are hiring occurred during the reporting period. required in Section C-Statement of Work of identified. The report must include Failure to submit the ‘Contractor Staffing the contract (including a copy of their disclosure of the tools used to conduct the Change Report’ each month may, at USAID’s Contractor’s privacy policy) to the scans. Alternatively, the contractor may discretion, result in the suspension of all Contracting Officer’s Representative (COR), authorize USAID CISO at [email protected] to logical access to USAID information systems for USAID’s Bureau for Legislative and conduct periodic vulnerability scans via its and/or facilities access associated with this Public Affairs (LPA) evaluation and approval. Web-scanning program. The sole purpose of contract. USAID will provide the contractor The Contractor must notify the COR of the USAID scanning will be to minimize security the format for this report. website URL as far in advance of the site’s risks. The Contractor will be responsible for (e) Contractor employees are strictly launch as possible and must not launch the taking the necessary remediation action and prohibited from sharing logical access to website until USAID’s approval has been reporting to USAID as specified above. USAID information systems and Sensitive provided through the COR. The Contractor (c) For general information, agency Information. USAID will disable accounts must provide the COR any changes to the graphics, metadata, privacy policy, and and revoke logical access to USAID IT Contractor’s privacy policy for the duration Section 508 compliance requirements, refer systems if Contractor employees share of the contract. to http://www.usaid.gov. accounts. (2) The Contractor must collect only the amount of information necessary to complete (f) USAID, at its discretion, may suspend (End of Clause) or terminate the access to any systems and/ the specific business need as required by or facilities when an Information Security statute, regulation, or Executive Order. ■ 5. Add section 752.239–XX to read as Incident or electronic access violation, use, (3) The Contractor must comply with follows: or misuse incident gives cause for such Agency branding and marking requirements action. The suspension or termination may comprised of the USAID logo and brandmark 752.239–XX Limitation on Acquisition of last until such time as USAID determines with the tagline ‘‘from the American people,’’ Information Technology. that the situation has been corrected or no located on the USAID website at www.usaid.gov/branding, and USAID Insert the following clause in all longer exists. solicitations and contracts unless the (g) The Contractor must notify the COR and Graphics Standards manual at http:// the USAID Service Desk at least five business www.usaid.gov. special contract requirement days prior to the Contractor employee’s (4) The website must be marked on the Information Technology Approval is removal from the contract. For unplanned index page of the site and every major entry included. point to the website with a disclaimer that terminations of Contractor employees, the Limitation on Acquisition of Contractor must immediately notify the COR states: and the USAID Service Desk (CIO- ‘‘The information provided on this website Information Technology (Date) [email protected] or (202) 712–1234). is not official U.S. Government information and does not represent the views or positions (a) Definitions. As used in this contract: The Contractor or its Facilities Security Information Technology means Officer must return USAID PIV/FAC cards of the U.S. Agency for International Development or the U.S. Government.’’ (1) Any services or equipment, or and remote authentication tokens issued to interconnected system(s) or subsystem(s) of Contractor employees to the COR prior to (5) The website must provide persons with disabilities access to information that is equipment, that are used in the automatic departure of the employee or upon acquisition, storage, analysis, evaluation, completion or termination of the contract, comparable to the access available to others. As such, all site content must be compliant manipulation, management, movement, whichever occurs first. control, display, switching, interchange, (h) The contractor is required to insert this with the requirements of the Section 508 of the Rehabilitation Act, as amended (29 U.S.C. transmission, or reception of data or clause (including this paragraph (h) in any information by the agency; where subcontracts that require the subcontractor, 794d) (‘‘Section 508’’) and other terms and conditions of the contract. (2) such services or equipment are ‘‘used subcontractor employee, or consultant to by an agency’’ if used by the agency directly have routine physical access to USAID space (6) The Contractor must identify and provide to the COR, in writing, the contact or if used by a contractor under a contract or logical access to USAID’s information with the agency that requires either use of the systems. information for the Contractor’s information security point of contact. The contractor is services or equipment or requires use of the (End of Clause) responsible for updating the contact services or equipment to a significant extent in the performance of a service or the ■ information whenever there is a change in 4. Add section 752.204–XX to read as personnel assigned to this role. furnishing of a product. follows: (7) The Contractor must provide adequate (3) The term ‘‘information technology’’ protection from unauthorized access, includes computers, ancillary equipment 752.204–XX USAID-Financed Third-Party (including imaging peripherals, input, Websites. alteration, disclosure, or misuse of information processed, stored, or transmitted output, and storage devices necessary for Insert the following clause in USAID- on the websites. To minimize security risks security and surveillance), peripheral funded solicitations and contracts that and ensure the integrity and availability of equipment designed to be controlled by the require development and/or information, the Contractor must use sound: central processing unit of a computer, maintenance of a third-party website to System/software management; engineering software, firmware and similar procedures, achieve project implementation goals. and development; and secure-coding services (including provisioned services such practices consistent with USAID standards as cloud computing and support services that USAID-Financed Third-Party Websites and information security best practices. support any point of the lifecycle of the (Date) Rigorous security safeguards, including but equipment or service), and related resources. not limited to, virus protection; network (4) The term ‘‘information technology’’ (a) Definitions: ‘‘Third-party websites’’ intrusion detection and prevention programs; does not include any equipment that is Websites hosted on environments external and vulnerability management systems must acquired by a contractor incidental to a to USAID boundaries and not directly be implemented and critical security issues contract that does not require use of the controlled by USAID policies and staff, must be resolved as quickly as possible or equipment. except through the terms and conditions of within 30 calendar days. Contact the USAID (b) The Federal Information Technology a contract. Third-party websites include Chief Information Security Officer (CISO) at Acquisition Reform Act (FITARA) requires project websites. [email protected] for specific standards and Agency Chief Information Officer (CIO) (b) The contractor must adhere to the guidance. review and approval of contracts that include following requirements when developing, (8) The Contractor must conduct periodic information technology or information launching, and maintaining a third-party vulnerability scans, mitigate all security risks technology services.

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(c) The Contractor must not acquire the agreement between the parties. Litigation (1) Section 1194.21 Software applications information technology as defined in this arising out of this contract may be filed only and operating systems clause without the prior written approval by in those fora that have jurisdiction over (2) 1194.22 Web-based intranet and the contracting officer as specified in this Federal procurement matters. internet information and applications; clause. (c) Attorney’s Fees: Attorney’s fees are (3) Section 1194.23 Telecommunications (d) Request for Approval Requirements: payable by the Federal government in any products; (1) If the Contractor determines that any action arising under this contract only (4) Section 1194.24 Video and information technology will be necessary to pursuant to the Equal Access in Justice Act, multimedia products; meet the Government’s requirements or to 5 U.S.C. 504. (5) Section 1194.25 Self-contained, closed facilitate activities in the Government’s (d) No Indemnification: The Federal products; statement of work, the Contractor must government will not be liable for any claim (6) Section 1194.26 Desktop and portable request prior written approval from the for indemnification; such payments may computers; Contracting Officer. violate the Anti-Deficiency Act, 31 U.S.C. (7) Section 1194.31 Functional (2) As part of the request, the Contractor 1341(a). performance criteria; and must provide the Contracting Officer a (e) Assignment: Payments may only be (8) Section 1194.41 Information, description and an estimate of the total cost assigned in accordance with the Assignment documentation, and support. of the information technology equipment, of Claims Act, 31 U.S.C. 3727, and FAR (c) Deliverable(s) must incorporate these software, or services to be procured under Subpart 32.8, ‘‘Assignment of Claims.’’ standards as well. this contract. The Contractor must (f) Patent and Copyright Infringement: (d) The final work product must include simultaneously notify the Contracting Patent or copyright infringement suits documentation that the deliverable conforms Officer’s Representative (COR) and the Office brought against the United States as a party with the Section 508 Standards promulgated of the Chief Information Office at may only be defended by the U.S. by the US Access Board. [email protected]. Department of Justice (28 U.S.C. 516). (e) The Contracting Officer will provide (g) Renewal of Support after Expiration of (End of Clause) this Award: Service will not automatically written approval to the Contractor through ■ renew after expiration of the initial term of 8. Add section 752.239–XX to read as modification to the contract expressly follows: specifying the information technology award. (h) Renewal may only occur in accord with equipment, software, or services approved for 752.239–XX Use of Information purchase by the COR and the Agency CIO. (1) the mutual agreement of the parties; or (2) an option renewal clause allowing the Technology Approval. The Contracting Officer will include the Insert the following clause in all applicable clauses and any special contract Government to unilaterally exercise one or requirements in the modification. more options to extend the term of the award. USAID solicitations and contracts for (f) Except as specified in the contracting Information Technology (IT) services or officer’s written approval, the Government is (End of Clause) supplies or include a requirement for not obligated to reimburse the Contractor for ■ 7. Add section 752.239–72 to read as the contractor to provide IT services or any costs incurred for information follows: supplies. technology as defined in this clause. Such approval does not relieve the Contractor from 752.239–72 Information and Use of Information Technology the responsibility to maintain current Communication Technology Accessibility. Notification (Date) compliance at all times—including through Insert the following clause in any updates or modifications to the (a) Definitions. As used in this contract: solicitations and contracts that include Information Technology means information technology—with all terms and acquisition of Information and conditions of the contract, as well as relevant (1) Any services or equipment, or statutes and regulations. Communication Technology (ICT) interconnected system(s) or subsystem(s) of (g) The Contractor must insert the supplies and/or services for use by equipment, that are used in the automatic substance of this clause, including this Federal employees or U.S. members of acquisition, storage, analysis, evaluation, paragraph (g), in all subcontracts. the public. manipulation, management, movement, control, display, switching, interchange, Information and Communication transmission, or reception of data or (End of Clause) Technology Accessibility information by the agency; where ■ 6. Add section 752.239–XX to read as (2) Such services or equipment are ‘‘used (Date) follows: by an agency’’ if used by the agency directly (a) Federal agencies are required by Section or if used by a contractor under a contract 752.239–XX Software License. 508 of the Rehabilitation Act of 1973, as with the agency that requires either use of the Insert the following clause in amended (29 U.S.C. 794d), to offer access to services or equipment or requires use of the information and communication technology solicitations and contracts for new services or equipment to a significant extent for disabled individuals within its in the performance of a service or the software licenses or to renew existing employment, and for disabled members of furnishing of a product. licenses, and in solicitations and the public seeking information and services. (3) The term ‘‘information technology’’ contracts which may include a This access must be comparable to that includes computers, ancillary equipment requirement for new software licenses which is offered to similar individuals who (including imaging peripherals, input, or renewal of existing licenses. do not have disabilities. Standards for output, and storage devices necessary for complying with this law are prescribed by security and surveillance), peripheral Software License Addendum (Date) the Architectural and Transportation Barriers equipment designed to be controlled by the Compliance Board (‘‘The Access Board’’) in central processing unit of a computer, (a) This clause incorporates certain terms 36 CFR part 1194, which implements Section software, firmware and similar procedures, and conditions relating to Federal 508 of the Rehabilitation Act of 1973, as services (including provisioned services such procurement actions. The terms and amended, and is viewable at http:// as cloud computing and support services that conditions of this Addendum take www.access-board.gov/sec508/508 support any point of the lifecycle of the precedence over the terms and conditions standards.htm. The contractor must comply equipment or service), and related resources. contained in any license agreement or other with any future updates of standards by the (4) The term ‘‘information technology’’ contract documents entered into between the Access Board. does not include any equipment that is parties. (b) Except as indicated elsewhere in the acquired by a contractor incidental to a (b) Governing Law: Federal procurement contract, all ICT procured through this contract that does not require use of the law and regulations, including the Contract contract must meet the applicable equipment. (OMB M–15–14) Disputes Act, 41 U.S.C. 601 et seq., and the accessibility standards at 36 CFR part 1194 (b) The Federal Information Technology Federal Acquisition Regulation (FAR), govern as follows: Acquisition Reform Act (FITARA) requires

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Agency Chief Information Officer (CIO) incorporated by the Contracting Officer addresses the Privacy Act of 1974 (5 U.S.C. review and approval of contracts or through a modification to the contract. 552a—the Act) and Federal Information interagency agreements for information (f) Except as specified in the Contracting Security Management Act (FISMA) of 2002 technology or information technology Officer’s written approval, the Government is (FISMA, Pub. L. 107–347. 44 U.S.C. 3531– services. not obligated to reimburse the Contractor for 3536). (c) The approved information technology costs incurred in excess of the information (b) Contractor personnel filling the role of and/or information technology services are technology equipment, software or services Information System Security Officer and specified in the Schedule of this contract. specified in the Schedule. Such approval Information Security Specialists must The Contractor must not acquire additional does not relieve the Contractor from the possess a Certified Information Systems information technology without the prior responsibility to maintain current Security Professional (CISSP) certification at written approval of the Contracting Officer as compliance at all times—including through time of contract award and maintain their specified in this clause. any updates or modifications to the certification throughout the period of (d) Request for Approval Requirements: information technology—with meeting all performance. This will fulfill the (1) If the Contractor determines that any terms and conditions of the contract, as well information technology in addition to that as relevant statutes and regulations. requirements for specialized training due to information technology specified in the (d) The Contractor must insert the the continuing education requirements for Schedule will be necessary to meet the substance of this clause, including this the certification. Contractor personnel must Government’s requirements or to facilitate paragraph (g), in all subcontracts. provide proof of their certification status activities in the Government’s statement of upon request. work, the Contractor must request prior (End of Clause) (c) Contractor personnel filling the role of Privacy Analysts must possess a Certified written approval from the Contracting ■ Officer. 9. Add section 752.239–XX to read as Information Privacy Professional (CIPP) (2) As part of the request, the Contractor follows: credential with a CIPP/USat the time of the must provide the Contracting Officer a contract award and must maintain the 752.239–XX Skills and Certification description and an estimate of the total cost credential throughout the period of Requirements for Privacy and Security of the information technology equipment, performance. This will fulfill the Staff. software, or services to be procured under requirements for specialized training due to this contract. The Contractor must Insert the following clause in the continuing education requirements for simultaneously notify the Contracting solicitations and contracts for the certification. Contractor personnel must Officer’s Representative (COR) and the Office Information Technology (IT) services provide proof of their certification status of the Chief Information Officer at and in solicitations and contracts that upon request. [email protected]. include a component for IT services. (e) The Contracting Officer will provide (End of Clause) written approval to the Contractor expressly Skills and Certification Requirements specifying the information technology for Privacy and Security Staff (Date) Mark Walther, equipment, software, or services approved for Chief Acquisition Officer, Acting. purchase by the COR and the Agency CIO. (a) Applicability: This clause applies to the Additional clauses or special contract Contractor, its subcontractors and personnel [FR Doc. 2019–04654 Filed 3–20–19; 8:45 am] requirements may be applicable and will be providing support under this contract and BILLING CODE 6116–02–P

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Notices Federal Register Vol. 84, No. 55

Thursday, March 21, 2019

This section of the FEDERAL REGISTER DC 20523–2110 or telephone her at number and the agency informs contains documents other than rules or (202) 712–0119. potential persons who are to respond to proposed rules that are applicable to the the collection of information that such Clara Cohen, public. Notices of hearings and investigations, persons are not required to respond to committee meetings, agency decisions and Supervisory Agricultural Development rulings, delegations of authority, filing of Specialist, Bureau for Food Security, U.S. the collection of information unless it petitions and applications and agency Agency for International Development. displays a currently valid OMB control statements of organization and functions are [FR Doc. 2019–05345 Filed 3–20–19; 8:45 am] number. examples of documents appearing in this BILLING CODE 6116–02–P section. Rural Utilities Service Title: 7 CFR 1778, Emergency and AGENCY FOR INTERNATIONAL DEPARTMENT OF AGRICULTURE Imminent Community Water Assistance Grants. DEVELOPMENT Submission for OMB Review; OMB Control Number: 0572–0110. Comment Request Board for International Food and Summary of Collection: The Rural Agricultural Development; Notice of DATE: March 18, 2018. Utilities Service (RUS) is authorized Meeting The Department of Agriculture has under Section 306A of the Consolidated submitted the following information Farm and rural Development Act, 7 Pursuant to the Federal Advisory collection requirement(s) to Office of U.S.C. 1926(a) to provide grants to rural Committee Act, notice is hereby given of Management and Budget (OMB) for areas and small communities to secure the public meeting of the Board for review and clearance under the adequate quantities of safe water. There International Food and Agricultural Paperwork Reduction Act of 1995, are two levels of grant limits—$500,000 Development (BIFAD). The meeting will Public Law 104–13. Comments are and $150,000. Grants made under this be held from 2:30 p.m. to 5:00 p.m. EDT requested regarding (1) whether the program shall be made for 100 percent on Tuesday, April 9, 2019 via livestream collection of information is necessary of the project’s cost, can serve rural online at http://www.aplu.org/projects- for the proper performance of the areas with population not in excess of and-initiatives/international-programs/ functions of the agency, including 5,000, and household income should bifad/bifad-meetings.html. whether the information will have practical utility; (2) the accuracy of the not exceed 100 percent of a State’s non- The Board for International Food and agency’s estimate of burden including metropolitan median household Agricultural Development (BIFAD), an the validity of the methodology and income. Grants under this program may advisory committee to the U.S. Agency assumptions used; (3) ways to enhance be made to public bodies and private for International Development (USAID), the quality, utility and clarity of the nonprofit corporations serving rural will convene a virtual public meeting on information to be collected; (4) ways to areas. April 9 2019 to solicit feedback from the minimize the burden of the collection of Need and Use of the Information: U.S. university community on their information on those who are to RUS will collect the information from experiences implementing the respond, including through the use of applicants applying for grants under 7 regulations that govern USAID funded appropriate automated, electronic, CFR 1778. The information is unique to Exchange Visitors (EVs) and Participant mechanical, or other technological each borrower and emergency situation. Training (PT), as per the Automated collection techniques or other forms of Applicants must demonstrate that there Directives System (ADS) 252 and ADS information technology. is an imminent emergency or that a 253. The ADS contains the organization Comments regarding this information decline occurred within 2 years of the and functions of USAID, along with the collection received by April 22, 2019 date the application was filed with policies and procedures that guide the will be considered. Written comments Rural Development. Agency’s programs and operations. should be addressed to: Desk Officer for Agriculture, Office of Information and Description of Respondents: State, For questions about registration, Regulatory Affairs, Office of Local or Tribal Government; Not-for- please contact Devin Furguson at Management and Budget (OMB), New profit institutions. [email protected] or (202) 478–6030. Executive Office Building, 725 17th Number of Respondents: 52. For questions about BIFAD, please Street NW, Washington, DC 20502. contact Clara Cohen, Designated Federal Commenters are encouraged to submit Frequency of Responses: Reporting: Officer for BIFAD in the Bureau for their comments to OMB via email to: On occasion. Food Security at USAID. Interested [email protected] or Total Burden Hours: 3,273. persons may write to her in care of the fax (202) 395–5806 and to Departmental U.S. Agency for International Clearance Office, USDA, OCIO, Mail Kimble Brown, Development, Ronald Reagan Building, Stop 7602, Washington, DC 20250– Departmental Information Collection Bureau for Food Security, 1300 7602. Copies of the submission(s) may Clearance Officer. Pennsylvania Avenue NW, Washington, be obtained by calling (202) 720–8958. [FR Doc. 2019–05410 Filed 3–20–19; 8:45 am] An agency may not conduct or BILLING CODE 3410–15–P sponsor a collection of information unless the collection of information displays a currently valid OMB control

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DEPARTMENT OF AGRICULTURE to which this NOFA applies is: 10.904 FOR FURTHER INFORMATION CONTACT: Tom Watershed Protection and Flood. Watson, State Conservationist, NRCS, 10 Natural Resources Conservation E Babcock, Suite 443, Bozeman, MT John A. Bricker, Service 59715, telephone (406) 587–6811 or VA State Conservationist, Natural Resources email [email protected]. Watkins Branch Watershed, Buchanan Conservation Service. SUPPLEMENTARY INFORMATION: The NRCS County, Virginia [FR Doc. 2019–05309 Filed 3–20–19; 8:45 am] Montana State Office gives notice that BILLING CODE 3410–16–P AGENCY: Natural Resources an EIS is being prepared for the Willow Conservation Service (NRCS), USDA. Creek Watershed Project in the ACTION: Notice of intent to deauthorize DEPARTMENT OF AGRICULTURE proximity of Browning, Montana on the Federal Funding and request for Blackfeet Indian Reservation. The EIS comments. Natural Resources Conservation process will evaluate alternatives Service recommended for detailed study SUMMARY: NRCS gives notice of the because of previous planning-level intent to deauthorize Federal funding [Docket No. NRCS–2019–0001] studies completed by NRCS and for the Watkins Branch Watershed Notice of Intent To Prepare an additional (new) alternatives identified project, Buchanan County, Virginia. Environmental Impact Statement for during scoping. Preparing an EIS, DATES: Interested persons are invited to the Willow Creek Watershed, Glacier providing information on the nature of submit comments by May 20, 2019. County, Montana, on the Blackfeet the proposed action and possible ADDRESSES: We invite you to submit Indian Reservation alternatives, inviting public comments on this notice. In your participation in the EIS process, and comments, include the volume, date, AGENCY: Natural Resources identifying cooperating agency contacts and page number of this issue of the Conservation Service (NRCS), USDA. is being done as required by section Federal Register. You may submit your ACTION: Notice of intent to prepare an 102(2)(C) of the National Environmental comments by the following method: Environmental Impact Statement (EIS). Policy Act (NEPA) of 1969; the Council • Federal eRulemaking Portal on Environmental Quality Guidelines Website: Go to http:// SUMMARY: The NRCS Montana State (40 CFR part 1500); and the Natural www.regulations.gov and search for Office gives notice that an EIS is being Resources Conservation Service (NRCS) docket ID NRCS–2019–0002. Follow the prepared for the Willow Creek regulations that implement NEPA in 7 online instruction for submitting Watershed Project in the proximity of CFR part 650. The initial agency scoping comments electronically. Browning, Montana on the Blackfeet of this federally assisted action indicates FOR FURTHER INFORMATION CONTACT: John Indian Reservation. This notice that the project may cause significant Bricker, VA State Conservationist, 1606 announces our intent to prepare an EIS, local, regional, or national impacts on Santa Rosa Road, Suite 209, Richmond, provide information on the nature of the the environment. Tom Watson, State Virginia 23229. Telephone: (804) 287– proposed action and possible Conservationist, has determined that the 1691 or email: Jack.Bricker@ alternatives, invite public participation preparation and review of an EIS is va.usda.gov. Also, for specific questions in the EIS process, and identify needed for this project. regarding this notice, contact Wade cooperating agency contacts. The EIS The objective of the EIS is to Biddix, (804) 287–1675 or process will evaluate alternatives formulate and evaluate alternatives to [email protected]. recommended for detailed study prevent or reduce Willow Creek because of previous planning-level SUPPLEMENTARY INFORMATION: Pursuant floodwater damage through Browning, studies completed by NRCS and to the Watershed Protection and Flood Montana. A draft EIS will be prepared additional (new) alternatives identified Prevention Act of 1954 (Pub. L. 83–566) and circulated for review by agencies during scoping. and NRCS Guidelines (7 CFR part 622), and the public. NRCS invites a determination has been made by John DATES: We will consider comments that participation and consultation of Bricker, NRCS State Conservationist in we receive by April 22, 2019. Comments agencies and individuals that have Virginia, that the proposed works of received after this date will be special expertise, legal jurisdiction, or improvement for the Watkins Branch considered to the extent possible. interest in the preparation of the draft Watershed project will not be installed. ADDRESSES: We invite you to submit environmental impact statement. The sponsoring local organizations have comments on this NOI. In your Written comments on the scope of the concurred in this determination and comments, include the volume, date, draft EIS, including the project’s need agree that Federal funding should be and page number of this issue of the and purpose, the alternatives to be deauthorized for the project. Federal Register. You may submit considered, types of issues that should Information regarding this comments by any of the following be addressed, associated research that determination may be obtained from methods: should be considered, and the John Bricker, NRCS State • Federal eRulemaking Portal: Go to methodologies to be used in impact Conservationist at the above contact http://www.regulations.gov and search evaluations should be sent to Northern information. for docket ID NRCS–2019–0001. Follow Engineering & Consulting, Inc. (NECI), No administrative action on the online instructions for submitting (see ADDRESSES section above for implementation of the proposed comments. contact information). deauthorization will be taken until 60 • Mail, Hand Delivery, Fax, or Two scoping meetings were held to days after the date of this publication in Courier: Amy Darlinton P.E., Northern present the project and develop the the Federal Register. Engineering & Consulting, Inc., 200 N scope of the draft EIS on Wednesday, 34th Street, Billings, MT 59101, email: January 24, 2019, at 629 All Chiefs Federal Assistance Programs [email protected], fax: (406) Road, Browning Montana Blackfeet The title and number of the Federal 206–5248 or telephone: (406) 206–5248. Tribal Council Chambers, Browning, assistance programs, as found in the All written comments will be publicly Montana 59417. Comments received, Catalog of Federal Domestic Assistance, available on www.regulations.gov. including the names and addresses of

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those who comment, are part of the teleconference on Friday April 5, 2019, Agenda public record. from 3–4 p.m. EDT for the purpose of Welcome and Roll Call Scoping meeting presentation reviewing received testimony and Discussion: Education Funding in Ohio materials are available on the Northern planning for future testimony on Community Forum Preparations: Engineering & Consulting, Inc., website education funding in the state. Columbus OH, April 16, 2019 at http://www.neciusa.com/. DATES: The meeting will be held on Public Comment Representatives of Blackfeet Tribal Friday April 5, 2019, at 3:00 p.m. EDT. Adjournment governments and Federal, State, Public Call Information: Dial: 1–855– regional and local agencies that may 719–5012, Conference ID: 7027912. Dated: March 18, 2019. have an interest in any aspect of the FOR FURTHER INFORMATION CONTACT: David Mussatt, project were invited to be cooperating Melissa Wojnaroski, DFO, at Supervisory Chief, Regional Programs Unit. agencies. [email protected] or 312–353– [FR Doc. 2019–05408 Filed 3–20–19; 8:45 am] Background 8311. BILLING CODE 6335–01–P Historically, when a Willow Creek SUPPLEMENTARY INFORMATION: Members Flood Control Project Plan-EIS was of the public may listen to the discussion. This meeting is available to CONSUMER PRODUCT SAFETY completed for Browning in 1975, it was COMMISSION signed by NRCS and the following the public through the above listed toll project sponsors: City of Browning, free number. An open comment period [Docket No. CPSC–2012–0026] Blackfeet Tribal Council, and Glacier will be provided to allow members of County Conservation District. the public to make a statement as time Agency Information Collection Over the last 43 years, residential and allows. The conference call operator Activities; Proposed Collection; municipal developments have will ask callers to identify themselves, Comment Request; Requirements encroached on Flat Iron Creek and the the organization they are affiliated with Pertaining to Third Party Conformity planned footprint of the upper (if any), and an email address prior to Assessment Bodies placing callers into the conference floodwater diversion. As a result, the AGENCY: room. Callers can expect to incur regular Consumer Product Safety Plan-EIS (1975) is no longer feasible. Commission. The following documents are available charges for calls they initiate over ACTION: Notice. for review from Amy Darlinton (see wireless lines, according to their wireless plan. The Commission will not ADDRESSES section above for contact SUMMARY: As required by the Paperwork refund any incurred charges. Callers information): Reduction Act of 1995, the Consumer • will incur no charge for calls they Original analyses of engineering Product Safety Commission (CPSC) initiate over land-line connections to alternatives, requests comments on a proposed • the toll-free telephone number. Persons 80% design of selected alternative, extension of approval of a collection of • with hearing impairments may also Preliminary and final watershed information under the requirements follow the proceedings by first calling project plans, and pertaining to third party conformity • the Federal Relay Service at 1–800–877– EIS. assessment bodies, approved previously 8339 and providing the Service with the under OMB Control No. 3041–0156. The Federal Assistance Programs conference call number and conference Commission will consider all comments The title and number of the Federal ID number. assistance programs, as found in the Members of the public are also received in response to this notice Catalog of Federal Domestic Assistance, entitled to submit written comments; before requesting an extension of this to which this NOFA applies is: the comments must be received in the collection of information from the Office 10.904 Watershed Protection and regional office within 30 days following of Management and Budget (OMB). Flood. the meeting. Written comments may be DATES: Submit written or electronic mailed to the Regional Programs Unit comments on the collection of Tom Watson, Office, U.S. Commission on Civil Rights, information by May 20, 2019. Montana State Conservationist, Natural 230 S Dearborn, Suite 2120, Chicago, IL ADDRESSES: You may submit comments, Resources Conservation Service. 60604. They may also be faxed to the identified by Docket No. CPSC–2012– [FR Doc. 2019–05322 Filed 3–20–19; 8:45 am] Commission at (312) 353–8324, or 0026, by any of the following methods: BILLING CODE 3410–16–P emailed to Carolyn Allen at callen@ Electronic Submissions: Submit usccr.gov. Persons who desire electronic comments to the Federal additional information may contact the eRulemaking Portal at: http:// COMMISSION ON CIVIL RIGHTS Regional Programs Unit Office at (312) www.regulations.gov. Follow the 353–8311. instructions for submitting comments. Notice of Public Meeting of the Ohio Records generated from this meeting The CPSC does not accept comments Advisory Committee to the U.S. may be inspected and reproduced at the submitted by electronic mail (email), Commission on Civil Rights Regional Programs Unit Office, as they except through www.regulations.gov. AGENCY: U.S. Commission on Civil become available, both before and after The CPSC encourages you to submit Rights. the meeting. Records of the meeting will electronic comments by using the ACTION: Announcement of meeting. be available via www.facadatabase.gov Federal eRulemaking Portal, as under the Commission on Civil Rights, described above. SUMMARY: Notice is hereby given, Ohio Advisory Committee link. Persons Written Submissions: Submit written pursuant to the provisions of the rules interested in the work of this Committee submissions by mail/hand delivery/ and regulations of the U.S. Commission are also directed to the Commission’s courier to: Division of the Secretariat, on Civil Rights (Commission) and the website, http://www.usccr.gov, or may Consumer Product Safety Commission, Federal Advisory Committee Act that contact the Regional Programs Unit Room 820, 4330 East-West Highway, the Ohio Advisory Committee office at the above email or street Bethesda, MD 20814; telephone (301) (Committee) will hold a meeting via address. 504–7923.

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Instructions: All submissions received • Third Party Conformity Assessment conformity assessment bodies, such as must include the agency name and Bodies Updating Information the requirements and procedures for docket number for this notice. All Æ We estimate that approximately 5 CPSC acceptance of the accreditation of comments received may be posted third party conformity assessment a third party conformity assessment without change, including any personal bodies will take 15 minutes to update body, and prescribed adverse actions identifiers, contact information, or other information for only those elements of that may be imposed against CPSC- personal information provided, to: information that need updating, with an accepted third party conformity http://www.regulations.gov. Do not estimated burden of 1.35 hours per year. assessment bodies. The rule also submit confidential business amended the audit requirements for • information, trade secret information, or Third Party Conformity Assessment third party conformity assessment other sensitive or protected information Bodies That Subcontracts Out Tests bodies and amended the CPSC’s that you do not want to be available to Æ We estimate that approximately 27 regulation on inspections. the public. If furnished at all, such third party conformity assessment Request for Comments information should be submitted in bodies will take 7 minutes to comply writing. with the subcontracting recordkeeping The CPSC solicits written comments Docket: For access to the docket to requirement for an estimated 68,769 from all interested persons about the read background documents or subcontract test, with an estimated of proposed collection of information. The comments received, go to: http:// approximately 8,023 hours per year. CPSC specifically solicits information relevant to the following topics: www.regulations.gov, and insert the • Third Party Conformity Assessment —Whether the collection of information docket number CPSC–2012–0026, into Bodies That Voluntarily Withdraw the ‘‘Search’’ box, and follow the described above is necessary for the Æ prompts. We estimate approximately 8 third proper performance of the CPSC’s party conformity assessment bodies will functions, including whether the FOR FURTHER INFORMATION CONTACT: withdraw yearly, taking an estimated 30 information would have practical Bretford J. Griffin, Consumer Product minutes to create and submit the utility; Safety Commission, 4330 East-West required documentation, with an —Whether the estimated burden of the Highway, Bethesda, MD 20814; (301) estimated burden of 4 hours per year. proposed collection of information is 504–7037, or by email to: bgriffin@ • accurate; cpsc.gov. Third Party Conformity Assessment Bodies That Are Audited —Whether the quality, utility, and clarity of the information to be SUPPLEMENTARY INFORMATION: CPSC Æ seeks to renew the following currently We estimate that approximately 228 collected could be enhanced; and approved collection of information: independent third party conformity —Whether the burden imposed by the assessment bodies each year will be Title: Requirements Pertaining to collection of information could be audited, taking approximately 4 minutes Third Party Conformity Assessment minimized by use of automated, to resubmit their Form 223 and Bodies. electronic or other technological accreditation certificate, with an OMB Number: 3041–0156. collection techniques, or other forms estimated burden of 15.2 hours per year. of information technology. Type of Review: Renewal of Æ We estimate that approximately 18 collection. firewalled third party conformity Alberta E. Mills, Frequency of Response: On occasion. assessment bodies will spend 226 Secretary, Consumer Product Safety Affected Public: Third party minutes collecting and preparing the Commission. conformity assessment bodies seeking documentation to submit for an audit, [FR Doc. 2019–05368 Filed 3–20–19; 8:45 am] acceptance of accreditation or with estimated burden of about 68 hours BILLING CODE 6355–01–P continuing accreditation. per year. Æ We estimate approximately 25 Estimated Burden governmental third party conformity DEPARTMENT OF DEFENSE • New Applications From Third Party assessment bodies will spend 1 hour Conformity Assessment Bodies collecting and preparing the Department of the Air Force documentation to submit for an audit, Æ We estimate approximately 40 new [Docket ID: USAF–2019–HQ–0003] with estimated burden of 25 hours per applications from independent third year. party conformity assessment bodies will Proposed Collection; Comment be submitted per year, taking an • Total Annual Burden Request estimated 75 minutes to complete the Adding all of the annual estimated AGENCY: Department of the Air Force, initial application materials, with an burden hours results in a total of 8,224 DoD. estimated burden of 50 hours per year. hours for third party conformity ACTION: Information collection notice. Æ We estimate approximately 3 assessment bodies per year. At $38.78 firewalled third party conformity per hour, the total cost of the SUMMARY: In compliance with the assessment bodies will apply per year, recordkeeping associated with the Paperwork Reduction Act of 1995, the taking an estimated 8.4 hours to Requirements Pertaining to Third Party Department of the Air Force announces complete the initial application Conformity Assessment Bodies is a proposed public information materials, with an estimated burden of approximately $318,927 (8,224 hours × collection and seeks public comment on 25.2 hours per year. $38.78 = $318,927). the provisions thereof. Comments are Æ We estimate approximately 4 General Description of Collection: On invited on: Whether the proposed governmental third party conformity March 12, 2013, the Commission issued collection of information is necessary assessment bodies will apply per year, a rule Pertaining to Third Party for the proper performance of the taking an estimated 3 hours to complete Conformity Assessment Bodies (78 FR functions of the agency, including the initial application materials, with an 15836). The rule established the general whether the information shall have estimated burden of 12 hours per year. requirements concerning third party practical utility; the accuracy of the

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agency’s estimate of the burden of the government civilians who may witness number and title for this Federal proposed information collection; ways an incident on an Air Force installation. Register document. The general policy to enhance the quality, utility, and Affected Public: Individuals and for comments and other submissions clarity of the information to be households. from members of the public is to make collected; and ways to minimize the Annual Burden Hours: 1,202. these submissions available for public burden of the information collection on Number of Respondents: 2,403. viewing on the internet at http:// respondents, including through the use Responses per Respondent: 1. www.regulations.gov as they are of automated collection techniques or Annual Responses: 2,403. received without change, including any other forms of information technology. Average Burden per Response: 30 personal identifiers or contact DATES: Consideration will be given to all minutes. information. Frequency: On occasion. comments received by May 20, 2019. FOR FURTHER INFORMATION CONTACT: To ADDRESSES: You may submit comments, Dated: March 15, 2019. request more information on this identified by docket number and title, Aaron T. Siegel, proposed information collection or to by any of the following methods: Alternate OSD Federal Register Liaison obtain a copy of the proposal and Federal eRulemaking Portal: http:// Officer, Department of Defense. associated collection instruments, www.regulations.gov. Follow the [FR Doc. 2019–05310 Filed 3–20–19; 8:45 am] please write to the Army & Air Force instructions for submitting comments. BILLING CODE 5001–06–P Exchange Service, Office of the General Mail: Department of Defense, Office of Counsel, Compliance Division, ATTN: the Chief Management Officer, Teresa Schreurs, 3911 South Walton Directorate for Oversight and DEPARTMENT OF DEFENSE Walker Blvd., Dallas, TX 75236–1598 or Compliance, 4800 Mark Center Drive, call the Exchange Compliance Division Mailbox #24, Suite 08D09, Alexandria, Department of the Army at 800–967–6067. VA 22350–1700. [Docket ID: USA–2019–HQ–0007] SUPPLEMENTARY INFORMATION: Instructions: All submissions received Title; Associated Form; and OMB must include the agency name, docket Proposed Collection; Comment Number: Exchange Security Clearance number and title for this Federal Request Process for Contractors/Vendor Register document. The general policy Personnel; Exchange Form 3900–013 AGENCY: Department of the Army, DoD. for comments and other submissions ‘‘Electronic Questionnaires for from members of the public is to make ACTION: Information collection notice. Investigations Processing (e-QIP) these submissions available for public SUMMARY: In compliance with the request’’, Exchange Form 3900–002 viewing on the internet at http:// Paperwork Reduction Act of 1995, the ‘‘Trusted Associate Sponsorship System www.regulations.gov as they are Department of the Army, Army & Air (TASS Request Form)’’, Exchange Form received without change, including any Force Exchange Service (Exchange), 3900–006 ‘‘Background Check for personal identifiers or contact announces a proposed public Vendors/Contractors’’; OMB Control information. information collection and seeks public Number 0702–0135. Needs and Uses: The information FOR FURTHER INFORMATION CONTACT: To comment on the provisions thereof. collection requirement is necessary for request more information on this Comments are invited on: Whether the the processing of all Army and Air proposed information collection or to proposed collection of information is Force Exchange Service security obtain a copy of the proposal and necessary for the proper performance of clearance actions, to record security associated collection instruments, the functions of the agency, including clearances issued or denied, and to please write to Office of the CIO, whether the information shall have verify eligibility for access to classified Headquarters Air Force Safety Center, practical utility; the accuracy of the information or assignments to sensitive ATTN: Mr. Douglas MacCurdy, 9700 G. agency’s estimate of the burden of the positions. Ave., Kirtland AFB, NM 87117, at 505– proposed information collection; ways Affected Public: Individuals and/or 846–0675. to enhance the quality, utility, and clarity of the information to be Households; Business or other for-profit. SUPPLEMENTARY INFORMATION: Annual Burden Hours: 1,450. collected; and ways to minimize the Title; Associated Form; and OMB Number of Respondents: 2,900. burden of the information collection on Number: Air Force Safety Automated Responses per Respondent: 1. System; AF978; OMB Control Number respondents, including through the use Annual Responses: 2,900. 0701–XXXX. of automated collection techniques or Average Burden per Response: 30 Needs and Uses: The Air Force Safety other forms of information technology. minutes. Automated System (AFSAS) and the DATES: Consideration will be given to all Frequency: On occasion. AF978 are used to collect incident and comments received by May 20, 2019. Respondents are individuals and/or witness information with regard to ADDRESSES: You may submit comments, households affiliated with Army and accidents involving Air Force personnel identified by docket number and title, Air Force Exchange Service (Exchange) or property. The Air Force will use the by any of the following methods: by assignment, employment contractual collected information to conduct Federal eRulemaking Portal: http:// relationship, or as a result of an inter- investigations and evaluate mishap www.regulations.gov. Follow the service support agreement on which events to prevent such incidents from instructions for submitting comments. personnel security clearance recurring. The information collection is Mail: Department of Defense, Office of determination has been completed or is necessary to obtain and record name, the Chief Management Officer, pending. Information collected is email, and phone number of individuals Directorate for Oversight and utilized to process the personnel who witness a mishap related to Air Compliance, 4800 Mark Center Drive, security clearance of contractors and/or Force personnel or property and who Mailbox #24, Suite 08D09, Alexandria, vendors to work at an Exchange facility, volunteer to provide information about VA 22350–1700. record the security clearances issued or the incident. Respondents will include Instructions: All submissions received denied, and to verify the eligibility for both DoD contractors and any non- must include the agency name, docket access to classified information or

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assignment to a sensitive position. In number, and title for this Federal TRICARE Prime for the first time, addition to utilizing the information for Register document. The general policy change their current enrollment, or processing security clearances, the for comments and other submissions disenroll using the DD Form 2876, information may be used by Exchange from members of the public is to make instead of using the BWE web portal or executives for adverse personnel actions these submissions available for public calling their Managed Care Support such as removal from sensitive duties, viewing on the internet at http:// Contractor. The completed form is used removal from contract agreement, denial www.regulations.gov as they are by the TRICARE Managed Care Support to a restricted or sensitive area, and received without change, including any Contractors to formally update the revocation of security clearance. personal identifiers or contact enrollment, enrollment change or Dated: March 15, 2019. information. disenrollment. The beneficiary is Aaron T. Siegel, Any associated form(s) for this notified via email or postcard, which collection may be located within this refers them to the MilConnect website to Alternate OSD Federal Register Liaison Officer, Department of Defense. same electronic docket and downloaded confirm the enrollment/change. A for review/testing. Follow the beneficiary can also call their Managed [FR Doc. 2019–05341 Filed 3–20–19; 8:45 am] instructions at http://www.regulations Care Support Contractor to confirm the BILLING CODE 35001–06–P .gov for submitting comments. Please change. submit comments on any given form Dated: March 15, 2019. identified by docket number, form DEPARTMENT OF DEFENSE Aaron T. Siegel, number, and title. Alternate OSD Federal Register Liaison Office of the Secretary FOR FURTHER INFORMATION CONTACT: To Officer, Department of Defense. request more information on this [Docket ID: DOD–2019–HA–0029] [FR Doc. 2019–05350 Filed 3–20–19; 8:45 am] proposed information collection or to BILLING CODE 5001–06–P Proposed Collection; Comment obtain a copy of the proposal and Request associated collection instruments, please write to the Defense Health DEPARTMENT OF DEFENSE AGENCY: Office of the Assistant Agency, TRICARE Health Plan Office, Secretary of Defense for Health Affairs, 8111 Gatehouse Road, Falls Church, VA Office of the Secretary DoD. 22042, ATTN: Ms. Shane Pham, or call [Docket ID: DOD–2019–OS–0031] ACTION: Information collection notice. 703–275–6249. SUPPLEMENTARY INFORMATION: Proposed Collection; Comment SUMMARY: In compliance with the Title; Associated Form; and OMB Request Paperwork Reduction Act of 1995, the Number: TRICARE Prime Enrollment, Office of the Assistant Secretary of Disenrollment, and Primary Care AGENCY: National Guard Bureau, DoD. Defense for Health Affairs announces a Manager (PCM) Change Form; DD Form ACTION: Information collection notice. proposed public information collection 2876; OMB Control Number 0720–0008. and seeks public comment on the Needs and Uses: The information SUMMARY: In compliance with the provisions thereof. Comments are collection requirement is necessary to Paperwork Reduction Act of 1995, the invited on: Whether the proposed obtain the TRICARE beneficiary’s National Guard Bureau, announces a collection of information is necessary personal information needed to: (1) proposed public information collection for the proper performance of the Complete his/her enrollment into and seeks public comment on the functions of the agency, including TRICARE Prime health plan, (2) change provisions thereof. Comments are whether the information shall have the beneficiary’s enrollment (new invited on: Whether the proposed practical utility; the accuracy of the Primary Care Manager, enrolled region, collection of information is necessary agency’s estimate of the burden of the add/drop a dependent, etc.), or (3) for the proper performance of the proposed information collection; ways disenroll the beneficiary. All TRICARE functions of the agency, including to enhance the quality, utility, and beneficiaries have the option of whether the information shall have clarity of the information to be enrolling, changing their enrollment or practical utility; the accuracy of the collected; and ways to minimize the dis-enrolling using the DD Form 2876, agency’s estimate of the burden of the burden of the information collection on the Beneficiary Web Enrollment (BWE) proposed information collection; ways respondents, including through the use portal, or by calling their regional to enhance the quality, utility, and of automated collection techniques or Managed Care Support Contractor clarity of the information to be other forms of information technology. (MCSC). Although the telephonic collected; and ways to minimize the DATES: Consideration will be given to all enrollment/change is the preferred burden of the information collection on comments received by May 20, 2019. method by the large majority of respondents, including through the use ADDRESSES: You may submit comments, beneficiaries, many beneficiaries prefer of automated collection techniques or identified by docket number and title, using the form to document their other forms of information technology. by any of the following methods: enrollment date and preferences. DATES: Consideration will be given to all • Federal eRulemaking Portal: http:// Affected Public: Individuals and comments received by May 20, 2019. www.regulations.gov. Follow the households. ADDRESSES: You may submit comments, instructions for submitting comments. Annual Burden Hours: 74,017. identified by docket number and title, • Mail: Department of Defense, Office Number of Respondents: 148,033. by any of the following methods: of the Chief Management Officer, Responses per Respondent: 1. Federal eRulemaking Portal: http:// Directorate for Oversight and Annual Responses: 148,033. www.regulations.gov. Follow the Compliance, 4800 Mark Center Drive, Average Burden per Response: 30 instructions for submitting comments. Mailbox #24, Suite 08D09, Alexandria, minutes. Mail: Department of Defense, Office of VA 22350–1700. Frequency: On occasion. the Chief Management Officer, Instructions: All submissions received Respondents are TRICARE Directorate for Oversight and must include the agency name, docket beneficiaries choosing to enroll in Compliance, 4800 Mark Center Drive,

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Mailbox #24, Suite 08D09, Alexandria, the Army National Guard. If the form is these submissions available for public VA 22350–1700. not completed, applicants cannot be viewing on the internet at http:// Instructions: All submissions received properly processed for enlistment in a www.regulations.gov as they are must include the agency name, docket way that is compatible with their received without change, including any number and title for this Federal education dates, and this error could personal identifiers or contact Register document. The general policy result in wasted funds for scheduled information. for comments and other submissions incomplete Basic Combat Training. FOR FURTHER INFORMATION CONTACT: To from members of the public is to make Dated: March 18, 2019. request more information on this these submissions available for public Aaron T. Siegel, proposed information collection or to viewing on the internet at http:// obtain a copy of the proposal and www.regulations.gov as they are Alternate OSD Federal Register, Liaison Officer, Department of Defense. associated collection instruments, received without change, including any please write to the Defense Security personal identifiers or contact [FR Doc. 2019–05409 Filed 3–20–19; 8:45 am] BILLING CODE 5001–06–P Cooperation Agency, 2800 Defense information. Pentagon, Washington, DC 20301; FOR FURTHER INFORMATION CONTACT: To ATTN: Ms. Robyn Walker or call 703– request more information on this DEPARTMENT OF DEFENSE 697–9709. proposed information collection or to SUPPLEMENTARY INFORMATION: obtain a copy of the proposal and Office of the Secretary Title; Associated Form; and OMB associated collection instruments, [Docket ID: DOD–2019–OS–0030] Number: Security Assistance Network please write National Guard Bureau, (SAN); OMB Control Number 0704– ARNG–HRR–O, ATTN: SFC Smiley, Proposed Collection; Comment 0555. Javoris, 111 South George Mason Dr., Request Needs and Uses: The Security Arlington, VA 22204; (501) 212–4954. Assistance Network (SAN) is a web AGENCY: Office of the Under Secretary of SUPPLEMENTARY INFORMATION: based database used to exchange Defense for Policy, DoD. Title; Associated Form; and OMB Security Cooperation training Number: Education Verification for ACTION: Information collection notice. information between overseas Security National Guard Enlistees; High School SUMMARY: In compliance with the Cooperation Offices, Geographical Verification, NGB Form 900; College Paperwork Reduction Act of 1995, the Combatant Commands, Military Enrollment Verification NGB Form 901; Defense Security Cooperation Agency Departments, Defense Security OMB Control Number 0704–XXXX. announces a proposed public Cooperation Agency, DoD Needs and Uses: The information information collection and seeks public Schoolhouses, Regional Centers, and collection is necessary to verify comment on the provisions thereof. International Host Nation Organizations. education status and projected Comments are invited on: Whether the The Security Cooperation Training graduation dates for students who agree proposed collection of information is Management System (SC–TMS) is a tool to enlist in the Army National Guard. necessary for the proper performance of used by the Security Cooperation Information gathered by the NGB Form the functions of the agency, including community to manage International 900 is required to verify and determine whether the information shall have Military Student training data. the graduation dates for high school practical utility; the accuracy of the Affected Public: Individuals or juniors who enlist in the National agency’s estimate of the burden of the households. Guard. Information gathered by the NGB proposed information collection; ways Annual Burden Hours: 10,995. Form 901 is required to verify the to enhance the quality, utility, and Number of Respondents: 43,980. enrollment and graduation dates for Responses per Respondent: 1. clarity of the information to be college students who enlist in the Annual Responses: 43,980. collected; and ways to minimize the National Guard. The National Guard Average Burden per Response: 15 burden of the information collection on will use this information to schedule minutes. respondents, including through the use basic training dates to accommodate a Frequency: As required. of automated collection techniques or student’s educational obligations, other forms of information technology. Dated: March 18, 2019. thereby ensuring that the enlistee will Aaron T. Siegel, complete his or her education in a DATES: Consideration will be given to all comments received by May 20, 2019. Alternate OSD Federal Register, Liaison timely manner. Officer, Department of Defense. Affected Public: Individuals or ADDRESSES: You may submit comments, Households. identified by docket number and title, [FR Doc. 2019–05398 Filed 3–20–19; 8:45 am] Annual Burden Hours: 833.33. by any of the following methods: BILLING CODE 5001–06–P Number of Respondents: 10,000. Federal eRulemaking Portal: http:// Responses per Respondent: 1. www.regulations.gov. Follow the DEPARTMENT OF DEFENSE Annual Responses: 10,000. instructions for submitting comments. Average Burden per Response: 5 Mail: Department of Defense, Office of Office of the Secretary minutes. the Chief Management Officer, Frequency: On occasion. Directorate for Oversight and [Docket ID: DOD–2018–OS–0093] Respondents are high school juniors Compliance, 4800 Mark Center Drive, and college students who have agreed to Mailbox #24, Suite 08D09, Alexandria, Submission for OMB Review; enlist in the Army National Guard. NGB VA 22350–1700. Comment Request Form 900 and NGB Form 901 each Instructions: All submissions received AGENCY: Office of the Under Secretary of record an enlistee’s last day of school, must include the agency name, docket Defense for Acquisition and first day of school for the next school number and title for this Federal Sustainment, DoD. year, and/or graduation date, as Register document. The general policy ACTION: 30-Day information collection applicable. The completed forms are for comments and other submissions notice. used to properly process applicants into from members of the public is to make

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SUMMARY: The Department of Defense You may also submit comments and submitted electronically through the has submitted to OMB for clearance the recommendations, identified by Docket Federal eRulemaking Portal at http:// following proposal for collection of ID number and title, by the following www.regulations.gov by selecting the information under the provisions of the method: Docket ID number or via postal mail, Paperwork Reduction Act. • Federal eRulemaking Portal: http:// commercial delivery, or hand delivery. DATES: Consideration will be given to all www.regulations.gov. Follow the If the regulations.gov site is not comments received by April 22, 2019. instructions for submitting comments. available to the public for any reason, ADDRESSES: Comments and Instructions: All submissions received ED will temporarily accept comments at recommendations on the proposed must include the agency name, Docket [email protected]. Please include the information collection should be ID number, and title for this Federal docket ID number and the title of the emailed to Ms. Jasmeet Seehra, DoD Register document. The general policy information collection request when Desk Officer, at oira_submission@ for comments and other submissions requesting documents or submitting omb.eop.gov. Please identify the from members of the public is to make comments. Please note that comments proposed information collection by DoD these submissions available for public submitted by fax or email and those Desk Officer, Docket ID number, and viewing on the internet at http:// submitted after the comment period will title of the information collection. www.regulations.gov as they are not be accepted. Written requests for FOR FURTHER INFORMATION CONTACT: received without change, including any information or comments submitted by Angela James, 571–372–7574, or personal identifiers or contact postal mail or delivery should be whs.mc-alex.esd.mbx.dd-dod- information. addressed to the Director of the [email protected]. DOD Clearance Officer: Ms. Angela Information Collection Clearance James. SUPPLEMENTARY INFORMATION: Division, U.S. Department of Education, Requests for copies of the information 550 12th Street SW, PCP, Room 9089, Title; Associated Form; and OMB collection proposal should be sent to Number: DLA Police Center Records; Washington, DC 20202–0023. Ms. James at whs.mc-alex.esd.mbx.dd- DLA Form 635; OMB Control Number [email protected]. FOR FURTHER INFORMATION CONTACT: For 0704–0514. specific questions related to collection Dated: March 18, 2019. Type of Request: Reinstatement with activities, please contact Kashka Change. Aaron T. Siegel, Kubzdela, 202–245–7377 or email Number of Respondents: 2,000. Alternate OSD Federal Register, Liaison [email protected]. Responses per Respondent: 1. Officer, Department of Defense. Annual Responses: 2,000. [FR Doc. 2019–05412 Filed 3–20–19; 8:45 am] SUPPLEMENTARY INFORMATION: The Average Burden per Response: 30 BILLING CODE 5001–06–P Department of Education (ED), in minutes. accordance with the Paperwork Annual Burden Hours: 1,000. Reduction Act of 1995 (PRA) (44 U.S.C. Needs and Uses: The DLA Police DEPARTMENT OF EDUCATION 3506(c)(2)(A)), provides the general Center (POLC) system houses data of public and Federal agencies with an civilian and military personnel of DLA, [Docket No.: ED–2019–ICCD–0032] opportunity to comment on proposed, contractor employees, and other persons revised, and continuing collections of who have committed or are suspected of Agency Information Collection information. This helps the Department having committed any criminal act Activities; Comment Request; National assess the impact of its information (felony or misdemeanor), as well as any Assessment of Educational Progress collection requirements and minimize violations of laws, regulations, or ethical (NAEP) 2019 and 2020 Long-Term the public’s reporting burden. It also standards on DLA-controlled activities Trend (LTT) Update Emergency helps the public understand the or facilities. The information is used by Clearance Department’s information collection DLA police officers, DLA installation requirements and provide the requested support offices, and the DLA Office of AGENCY: National Center for Education Statistics (NCES), Department of data in the desired format. ED is General Counsel (OGC) to monitor soliciting comments on the proposed progress of cases and to develop non- Education (ED). ACTION: Notice. information collection request (ICR) that personal statistic data on crime and is described below. The Department of criminal investigative support for the SUMMARY: In accordance with the Education is especially interested in future. DLA OGC also uses data to Paperwork Reduction Act of 1995, ED is public comment addressing the review cases, determine appropriate requesting the Office of Management following issues: (1) Is this collection legal action, and coordinate on all and Budget (OMB) to conduct an necessary to the proper functions of the available remedies. Information is emergency review of a revised Department; (2) will this information be released to DLA managers who use the information collection. processed and used in a timely manner; information to determine actions DATES: (3) is the estimate of burden accurate; required to correct the causes of loss NCES requests comments to be submitted by April 16, 2019 for this (4) how might the Department enhance and to take appropriate action against the quality, utility, and clarity of the DLA employees or contractors in cases emergency information collection. A regular clearance process is also hereby information to be collected; and (5) how of their involvement. Records are also might the Department minimize the used by DLA police to monitor the being initiated. Interested persons are invited to submit comments on or before burden of this collection on the progress of incidents, identify crime- respondents, including through the use conducive conditions, and prepare May 20, 2019. ADDRESSES: To access and review all the of information technology. Please note crime vulnerability assessments. that written comments received in Affected Public: Individuals or documents related to the information response to this notice will be Households, Federal Government. collection listed in this notice, please Frequency: On occasion. use http://www.regulations.gov by considered public records. Respondent’s Obligation: Voluntary. searching the Docket ID number ED– Title of Collection: National OMB Desk Officer: Ms. Jasmeet 2019–ICCD–0032. Comments submitted Assessment of Educational Progress Seehra. in response to this notice should be (NAEP) 2019 and 2020 Long-Term

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Trend (LTT) Update Emergency periods to allow for analyses of national To listen and monitor the event as an Clearance. trends in students’ performance in attendee: OMB Control Number: 1850–0928. mathematics and reading. 1. Go to: https://eac- Type of Review: A revision of an Additional Information: In order to be meetings.webex.com/eac-meetings. existing information collection. able to comply with the Congressional Respondents/Affected Public: request to conduct LTT during the 2. Click ‘‘Join Now’’. Individuals or Households. 2019–20 school year and to meet the To join the audio conference only: Total Estimated Number of Annual study’s timeline while maintaining Responses: 642,087. 1. To receive a call back, provide your compliance with the Paperwork phone number when you join the event, Total Estimated Number of Annual Reduction Act (PRA), due to this or Burden Hours: 322,765. unanticipated event, the U.S. Abstract: The National Assessment of Department of Education (ED) and 2. call the number below and enter Educational Progress (NAEP), NCES are requesting under 44 U.S.C. the access code. US TOLL FREE: +1– conducted by the National Center for 3507(j)(1) (‘‘emergency clearance’’) to 855–892–3345, US TOLL: +1–415–527– Education Statistics (NCES), is a 5035, Access code: 908 977 287 (See federally authorized survey of student begin participant recruitment and study toll-free dialing restrictions at https:// achievement at grades 4, 8, and 12 in materials printing for LTT 2020 by May www.webex.com/pdf/tollfree_ various subject areas, such as 2019. Therefore, NCES is submitting mathematics, reading, writing, science, this Information Collection Request restrictions.pdf). U.S. history, civics, geography, (ICR) to OMB utilizing emergency For assistance: Contact the host, Ryan economics, technology and engineering review procedures in accordance with Macias at [email protected]. the PRA (Pub. L. 104–13, 44 U.S.C. literacy (TEL), and the arts. The Purpose: In accordance with the National Assessment of Educational Chapter 35) and 5 CFR 1320.13 to announce revisions to the NAEP 2020 Federal Advisory Committee Act Progress Authorization Act (Pub. L. (FACA), Public Law 92–463, as 107–279 Title III, section 303) requires study plans and to provide for review amended (5 U.S.C. Appendix 2), the the assessment to collect data on the LTT 2020 plans, procedures, and U.S. Election Assistance Commission specified student groups and materials. NCES is simultaneously characteristics, including information initiating a regular clearance process for (EAC) Technical Guidelines organized by race/ethnicity, gender, this request, including a 60-day Development Committee will conduct a socio-economic status, disability, and followed by a 30-day public comment conference call to discuss current EAC limited English proficiency. It requires periods. activities. fair and accurate presentation of NCES requests that any comments on Agenda: The Technical Guidelines achievement data and permits the the plans, procedures, and materials Development Committee (TGDC) will collection of background, noncognitive, proposed in this ICR will be submitted receive updates from EAC staff and via Regulations.gov by April 16, 2019, or descriptive information that is related NIST staff regarding EAC activities as part of the public comment period to academic achievement and aids in related to the Voluntary Voting System fair reporting of results. The intent of affiliated with this emergency clearance. This will allow NCES to timely consider Guidelines (VVSG); Technical the law is to provide representative Requirements development and the sample data on student achievement for and address all comments related to this submission, so that upon approval of EAC’s advisory Board Annual Meetings. the nation, the states, and The TGDC will discuss the next TGDC subpopulations of students and to the ICR by OMB in April 2019, NCES meetings and steps to develop the monitor progress over time. The nature can begin all participant recruitment Requirements and Test Assertions of NAEP is that burden alternates from activities and printing of study materials a relatively low burden in national-level necessary to conduct LTT 2020. respectively. There may be votes conducted on this call. administration years to a substantial Dated: March 18, 2019. burden increase in state-level Stephanie Valentine, FOR FURTHER INFORMATION CONTACT: administration years when the sample PRA Clearance Coordinator,Information Ryan Macias, Telephone: (301) 563– has to allow for estimates for individual Collection Clearance Program,Information 3931. states and some of the large urban Management Branch,Office of the Chief districts. The request to conduct NAEP Information Officer. SUPPLEMENTARY INFORMATION: Members 2019 and 2020 was approved in [FR Doc. 2019–05403 Filed 3–20–19; 8:45 am] of the public may submit relevant September 2018 with the latest change BILLING CODE 4000–01–P written statements to the TGDC with request approved in February 2019 respect to the meeting no later than (OMB# 1850–0928 v.10–13). NAEP 2019 10:00 a.m. EDT on Tuesday, April 2, is currently underway. This request is to ELECTION ASSISTANCE COMMISSION 2019. Statements may be sent via email update the approved NAEP 2020 plan to [email protected], via standard with: (1) The cancellation of all of the Meeting Notice mail addressed to the U.S. Election NAEP pilot and special studies Assistance Commission, 1335 East West originally planned for the 2019–20 AGENCY: U.S. Election Assistance Commission. Highway, Suite 4300, Silver Spring, MD school year (NAEP 2020), and (2) based 20910, or by fax at 301–734–3108. on a Congressional request, the ACTION: Notice of Conference Call administration of Long Term Trend Meeting for EAC Technical Guidelines This conference call will be open to (LTT) assessment during the 2019–20 Development Committee. the public. school year. The LTT assessments are Clifford D. Tatum, based on nationally representative DATES: Tuesday, April 2, 2019, 3:00– 5:00 p.m. (EDT). General Counsel, U.S. Election Assistance samples of 9-, 13-, and 17-year olds, and Commission. have been used by NAEP since the early ADDRESSES: EAC Technical Guidelines [FR Doc. 2019–05342 Filed 3–20–19; 8:45 am] 1970s to provide measures of students’ Development Committee Conference educational progress over long time Call. BILLING CODE 6820–KF–P

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DEPARTMENT OF ENERGY Procedural Matters: Any person from the United States to Canada desiring to be heard in this proceeding pursuant to the Federal Power Act. [OE Docket No. EA–467] should file a comment or protest to the DATES: Comments, protests, or motions Application to Export Electric Energy; application at the address provided to intervene must be submitted on or Citigroup Commodities Canada ULC above. Protests should be filed in before April 22, 2019. accordance with Rule 211 of the Federal AGENCY: Office of Electricity, Energy Regulatory Commission’s (FERC) ADDRESSES: Comments, protests, Department of Energy (DOE). Rules of Practice and Procedure (18 CFR motions to intervene, or requests for ACTION: Notice of application. 385.211). Any person desiring to more information should be addressed become a party to this proceeding to: Office of Electricity, Mail Code: OE– SUMMARY: Citigroup Commodities should file a motion to intervene at the 20, U.S. Department of Energy, 1000 Canada ULC (Applicant or CCCU) has above address in accordance with FERC Independence Avenue SW, Washington, applied for authorization to transmit Rule 214 (18 CFR 385.214). Five (5) DC 20585–0350. Because of delays in electric energy from the United States to copies of such comments, protests, or handling conventional mail, it is Canada pursuant to the Federal Power motions to intervene should be sent to recommended that documents be Act. the address provided above on or before transmitted by overnight mail, by DATES: Comments, protests, or motions the date listed above. electronic mail to Electricity.Exports@ to intervene must be submitted on or Comments and other filings hq.doe.gov, or by facsimile to 202–586– before April 22, 2019. concerning CCCU’s application to 8008. export electric energy to Canada should ADDRESSES: Comments, protests, SUPPLEMENTARY INFORMATION: The motions to intervene, or requests for be clearly marked with OE Docket No. Department of Energy (DOE) regulates more information should be addressed EA–467. An additional copy is to be exports of electricity from the United to: Office of Electricity, Mail Code: OE– provided directly to both Jeffrey States to a foreign country, pursuant to 20, U.S. Department of Energy, 1000 Gollomp, Citigroup Energy Inc., 2700 sections 301(b) and 402(f) of the Independence Avenue SW, Washington, Post Oak Blvd., Suite 400, Houston, TX Department of Energy Organization Act DC 20585–0350. Because of delays in 77056, and Margaret H. Claybour, Van (42 U.S.C. 7151(b) and 7172(f)). Such handling conventional mail, it is Ness Feldman, LLP, 1050 Thomas exports require authorization under recommended that documents be Jefferson St. NW, Seventh Floor, section 202(e) of the Federal Power Act transmitted by overnight mail, by Washington, DC 20007. (16 U.S.C. 824a(e)). A final decision will be made on this electronic mail to Electricity.Exports@ On March 6, 2019, DOE received an application after the environmental hq.doe.gov, or by facsimile to 202–586– application from TCES for authorization impacts have been evaluated pursuant 8008. to transmit electric energy from the to DOE’s National Environmental Policy United States to Canada as a power SUPPLEMENTARY INFORMATION: The Act Implementing Procedures (10 CFR Department of Energy (DOE) regulates marketer for a five-year term using part 1021) and after DOE determines existing international transmission exports of electricity from the United that the proposed action will not have States to a foreign country, pursuant to facilities. DOE most recently granted an adverse impact on the sufficiency of export authorization to TCES on May 6, sections 301(b) and 402(f) of the supply or reliability of the U.S. electric Department of Energy Organization Act 2014 for a five-year term, in Order No. power supply system. EA–98–M. That Order authorized (42 U.S.C. 7151(b) and 7172(f)). Such Copies of this application will be electricity exports by TCES and certain exports require authorization under made available, upon request, for public other members of WSPP Inc., which the section 202(e) of the Federal Power Act inspection and copying at the address Order described as ‘‘a non-profit (16 U.S.C. 824a(e)). provided above, by accessing the organization with approximately 300 On March 4, 2019, DOE received an program website at http://energy.gov/ electric utility members.’’ In its present application from CCCU for node/11845, or by emailing Angela Troy application, TCES requests authorization to transmit electric energy at [email protected]. from the United States to Canada as a authorization effective by May 6, 2019, power marketer for a five-year term Signed in Washington, DC, on March 15, to prevent lapse in its current 2019. using existing international authorization under Order No. EA–98– transmission facilities. Christopher Lawrence, M, which expires on that date. In its application, the Applicant states Management and Program In its application, the Applicant states that it ‘‘does not own or control electric Analyst,Transmission Permitting and that it ‘‘does not own or control any Technical Assistance,Office of Electricity. generation or transmission facilities in generation, transmission, or distribution the United States’’ and that it has no [FR Doc. 2019–05397 Filed 3–20–19; 8:45 am] facilities within the United States and ‘‘obligation to serve native load within BILLING CODE 6450–01–P does not have a franchised electric a franchised service area.’’ The electric power service area.’’ The electric energy energy that the Applicant proposes to that the Applicant proposes to export to DEPARTMENT OF ENERGY export to Canada would be surplus Canada would be surplus energy energy purchased from third parties [OE Docket No. EA–468] purchased from third parties such as such as electric utilities and Federal electric utilities and Federal power power marketing agencies pursuant to Application To Export Electric Energy; marketing agencies pursuant to voluntary agreements. The existing TransCanada Energy Sales Ltd. voluntary agreements. The existing international transmission facilities to AGENCY: Office of Electricity, international transmission facilities to be utilized by the Applicant have Department of Energy (DOE). be utilized by the Applicant have previously been authorized by ACTION: Notice of application. previously been authorized by Presidential permits issued pursuant to Presidential permits issued pursuant to Executive Order 10485, as amended, SUMMARY: TransCanada Energy Sales Executive Order 10485, as amended, and are appropriate for open access Ltd. (Applicant or TCES) has applied for and are appropriate for open access transmission by third parties. authorization to transmit electric energy transmission by third parties.

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Procedural Matters: Any person Act Implementing Procedures (10 CFR government in the Sunshine Act (Pub. desiring to be heard in this proceeding part 1021) and after DOE determines L. 94–409), 5 U.S.C. 552b: should file a comment or protest to the that the proposed action will not have AGENCY HOLDING MEETING: Federal application at the address provided an adverse impact on the sufficiency of Energy Regulatory Commission. above. Protests should be filed in supply or reliability of the U.S. electric accordance with Rule 211 of the Federal power supply system. DATE AND TIME: March 21, 2019, 10:00 Energy Regulatory Commission’s (FERC) Copies of this application will be a.m. Rules of Practice and Procedure (18 CFR made available, upon request, for public PLACE: Room 2C, 888 First Street NE, 385.211). Any person desiring to inspection and copying at the address Washington, DC 20426. become a party to this proceeding provided above, by accessing the should file a motion to intervene at the program website at http://energy.gov/ STATUS: Open. above address in accordance with FERC node/11845, or by emailing Angela Troy MATTERS TO BE CONSIDERED: Agenda. Rule 214 (18 CFR 385.214). Five (5) at [email protected]. * Note—Items listed on the agenda copies of such comments, protests, or Signed in Washington, DC, on March 15, may be deleted without further notice. motions to intervene should be sent to 2019. CONTACT PERSON FOR MORE INFORMATION: the address provided above on or before Christopher Lawrence, the date listed above. Kimberly D. Bose, Secretary, Telephone Management and Program (202) 502–8400. Comments and other filings Analyst,Transmission Permitting and concerning TCES’s application to export Technical Assistance,Office of Electricity. For a recorded message listing items electric energy to Canada should be [FR Doc. 2019–05399 Filed 3–20–19; 8:45 am] struck from or added to the meeting, call clearly marked with OE Docket No. EA– BILLING CODE 6450–01–P (202) 502–8627. 468. An additional copy is to be This is a list of matters to be provided directly to both David Farmer, considered by the Commission. It does TransCanada, 450–1 Street SW, Calgary, DEPARTMENT OF ENERGY not include a listing of all documents AB T2P 5H1, and Arnold B. Podgorsky, relevant to the items on the agenda. All Podgorsky PLLC, 2101 L Street NW, Federal Energy Regulatory public documents, however, may be Suite 800, Washington, DC 20037. Commission viewed on line at the Commission’s A final decision will be made on this Sunshine Act Meeting Notice website at http://ferc.capitol application after the environmental connection.org/ using the eLibrary link, impacts have been evaluated pursuant The following notice of meeting is or may be examined in the to DOE’s National Environmental Policy published pursuant to section 3(a) of the Commission’s Public Reference Room.

1053RD MEETING—OPEN MEETING [March 21, 2019, 10:00 a.m.]

Item No. Docket No. Company

Administrative

A–1 ...... AD19–1–000 ...... Agency Administrative Matters. A–2 ...... AD19–2–000 ...... Customer Matters, Reliability, Security and Market Operations.

Electric

E–1 ...... PL19–3–000 ...... Inquiry Regarding the Commission’s Electric Transmission Incentives Policy. E–2 ...... PL19–4–000 ...... Inquiry Regarding the Commission’s Policy for Determining Return on Equity. E–3 ...... Omitted ...... E–4 ...... TX19–1–000 ...... Mountain Breeze Wind, LLC. E–5 ...... EC19–36–000 ...... NextEra Energy Transmission, LLC and Trans Bay Cable LLC. E–6 ...... EC98–2–001, ER18–2162–000 ...... Louisville Gas and Electric Company; Kentucky Utilities Company. E–7 ...... ES19–5–000 ...... Cube Yadkin Transmission LLC. E–8 ...... ER19–654–000, EL18–79–000 ...... Cheyenne Light, Fuel and Power Company. E–9 ...... ER16–120–007 ...... New York Independent System Operator, Inc. E–10 ...... ER18–2397–000, ER18–2397–001 ...... Midcontinent Independent System Operator, Inc. E–11 ...... ER18–2401–000, ER18–2401–001 ...... PJM Interconnection, L.L.C. E–12 ...... ER18–2318–000, ER18–2318–001 ...... Southwest Power Pool, Inc. E–13 ...... ER18–829–001 ...... Wisconsin Electric Power Company. E–14 ...... ER09–548–000 ...... ITC Great Plains, LLC. E–15 ...... ER17–1553–002 ...... Duke Energy Progress, LLC. E–16 ...... ER18–2428–001 ...... Public Service Company of Colorado. E–17 ...... EL18–104–001 ...... NorthWestern Corporation. E–18 ...... EL14–9–002 ...... Gregory and Beverly Swecker v. Midland Power Cooperative. EL14–18–002 ...... Gregory and Beverly Swecker v. Midland Power Cooperative and Central Iowa Power Cooperative. QF11–424–006 ...... Gregory and Beverly Swecker. E–19 ...... Omitted ...... E–20 ...... Omitted ...... E–21 ...... EL19–6–000 ...... City of Alexandria, Louisiana v. Cleco Power LLC. E–22 ...... EL19–17–000 ...... Kansas Electric Power Cooperative, Inc. v. Westar Energy, Inc.

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1053RD MEETING—OPEN MEETING—Continued [March 21, 2019, 10:00 a.m.]

Item No. Docket No. Company

Gas

G–1 ...... RP19–389–000...... BP Energy Company; Equinor Natural Gas LLC (FKA Statoil Natural Gas LLC); and Shell NA LNG LLC v. Dominion Energy Cove Point LNG, LP. G–2 ...... RP19–310–000 ...... Arena Energy, LP; Castex Offshore, Inc.; EnVen Energy Ventures, LLC; Fieldwood En- ergy LLC; Walter Oil & Gas Corporation; and W&T Offshore, Inc. v. High Point Gas Transmission, LLC. G–3 ...... OR15–25–002 ...... BP Products North America Inc. v. Sunoco Pipeline L.P.

Hydro

H–1 ...... Omitted ......

Issued: March 14, 2019. (EIS) (DOE/EIS–0483) for the Estes to Larimer County, Colorado. The Project Nathaniel J. Davis, Sr., Flatiron Transmission Lines Rebuild area is situated east of the community Deputy Secretary. Project (Project) on April 13, 2018. The of Estes Park and west of the Town of A free webcast of this event is Agency Preferred Alternative developed Loveland. Major transportation available through http://ferc.capitol by WAPA through the National corridors are U.S. Highways 36 and 34, connection.org/. Anyone with internet Environmental Policy Act (NEPA) which provide access between Front access who desires to view this event process and described in the Final EIS Range communities to the east and can do so by navigating to is summarized in this Record of Rocky Mountain National Park to the www.ferc.gov’s Calendar of Events and Decision (ROD). This alternative is also west of the Project area. The Project area locating this event in the Calendar. The the Environmentally Preferred includes private lands in Larimer event will contain a link to its webcast. Alternative for the Project. All County, and public lands administered The Capitol Connection provides practicable means to avoid or minimize by the U.S. Department of the Interior technical support for the free webcasts. environmental harm have been adopted. (DOI), Bureau of Reclamation; U.S. WAPA has selected the Agency It also offers access to this event via Department of Agriculture, Forest Preferred Alternative identified in the television in the DC area and via phone Service (Forest Service); the Colorado Final EIS for implementation. bridge for a fee. If you have any State Land Board; Northern Colorado questions, visit http://ferc.capitol ADDRESSES: The Final EIS, this ROD, Water Conservancy District; and connection.org/ or contact Shirley Al- and other Project documents are Larimer County. The Forest Service, Jarani at 703–993–3104. available on the Project website at through the Canyon Lakes District of the Immediately following the conclusion https://www.wapa.gov/transmission/ Roosevelt National Forest, was a of the Commission Meeting, a press EnvironmentalReviewNEPA/Pages/ cooperating agency in the preparation of briefing will be held in the Commission estes-flatiron.aspx. the EIS, and that agency will issue its Meeting Room. Members of the public FOR FURTHER INFORMATION CONTACT: For own ROD addressing the Federal actions may view this briefing in the designated information on WAPA’s participation in within its jurisdiction and authority. overflow room. This statement is the Project contact Brian Little, WAPA owns, operates, and maintains intended to notify the public that the Environmental Manager J0400, Rocky two single-circuit 115-kV transmission press briefings that follow Commission Mountain Regional Office, Western Area lines between the Flatiron Substation meetings may now be viewed remotely Power Administration, P.O. Box 3700, and Estes Park Substation. Prior to the at Commission headquarters, but will Loveland, CO 80539–3003, telephone formation of the DOE, the DOI’s Bureau not be telecast through the Capitol (970) 461–7287, facsimile (720) 962– of Reclamation constructed and Connection service. 7083, email [email protected]. For maintained the two existing [FR Doc. 2019–05508 Filed 3–19–19; 4:15 pm] information about the Project EIS transmission lines as part of the process, contact Mark J. Wieringa, NEPA Colorado-Big Thompson Project. The BILLING CODE 6717–01–P Document Manager, Natural Resources lines were constructed to transmit Office A9402, Headquarters Office, electricity from hydropower generation DEPARTMENT OF ENERGY Western Area Power Administration, sources of the Colorado-Big Thompson P.O. Box 281213, Lakewood, CO 80228– Project. After the formation of the DOE Western Area Power Administration 8213, telephone (720) 962–7448, and WAPA in 1977, ownership, facsimile (720) 962–7263, email operation, and maintenance of the Estes to Flatiron Transmission Lines [email protected]. transmission lines was transferred from Rebuild Project Environmental Impact SUPPLEMENTARY INFORMATION: WAPA, a the Bureau of Reclamation to WAPA. Statement (DOE/EIS–0483) Power Marketing Administration within The Estes-Lyons Tap is the more AGENCY: Western Area Power the U.S. Department of Energy (DOE), is northern of the two lines and is also Administration, DOE. proposing to rebuild and upgrade two referred to as the North Line. The South ACTION: Record of decision; floodplain 115-kilovolt (kV) single-circuit Line consists of the Estes-Pole Hill and statement of findings. transmission lines between Flatiron Flatiron-Pole Hill line segments that Substation west of Flatiron Reservoir connect the Pole Hill Substation to the SUMMARY: The Western Area Power and the intersection of Mall Road and Estes Park and Flatiron substations, Administration (WAPA) issued the U.S. Highway 36 on the east side of respectively. Both existing transmission Final Environmental Impact Statement Lake Estes in Estes Park, all within lines are 115-kV single-circuit lines

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constructed on wood pole H-frame WAPA’s commitment to its customers to visually sensitive areas, those steel structures. The North Line is 14.1 miles provide reliable and safe power. monopole structures would be about 85 long and was constructed in 1938, while In many cases, ROW maintenance has feet tall, and closer together. Alternative the South Line is 14.5 miles in length been limited to removal of hazard trees. A includes a reroute to the north and and was constructed in 1953. WAPA’s This practice typically does not address northeast of Newell Lake View Project only encompasses the single- the encroaching vegetation until it subdivision and along Mall Road in circuit wood-pole transmission lines to becomes a threat that requires Estes Park. Variant A1 is identical to the intersection of Mall Road and U.S. immediate attention to ensure no Alternative A for all but the Highway 36, where both lines intersect adverse effect to the transmission line or westernmost segment. At a point in the at a lattice steel structure; the Project to prevent a fire caused by a valley between Mount Olympus and does not include the double-circuit steel transmission line. This reactive Mount Pisgah, this routing variation lattice structures that start at that point, approach to hazardous vegetation would depart from the alignment of the parallel the U.S. Highway 36 causeway maintenance is not conducive to existing North Line and traverse along across Lake Estes, and terminate at the ensuring the level of operating the base of Mount Pisgah before turning Estes Park Substation. reliability that is required by today’s to the northwest and generally following North American Electric Reliability an alignment parallel to U.S. Highway Project Description Corporation standards, nor is it efficient 36 for the remaining distance to the WAPA proposes to remove both wood or cost effective. Today’s stricter existing steel lattice double-circuit pole lines and replace them with a new maintenance standards require a more structure at the intersection of U.S. line or lines, for the following reasons. proactive approach to vegetation Highway 36 and Mall Road. Variant A2 The existing wood structures are in poor management, with the goals of ensuring follows an alignment similar to Variant condition and continue to deteriorate that there will be no tree-caused A1 except the westernmost 2.7 miles of due to both age and the type of material transmission line outages and the transmission line would be with which they were constructed. minimizing the risk for wildfires. constructed underground. Many of the existing wood poles on Alternative B would rebuild and Alternatives both lines suffer from core rot and consolidate the transmission lines, cracking, and have reached or are Four full-length alternatives and three primarily on the existing South Line reaching the end of their anticipated variants form seven action alternatives ROW. This alternative includes a 0.25- facility life. The majority of wood to rebuild and upgrade the existing 115- mile reroute along Pole Hill Road on structures will need replacing in the kV transmission lines. These seven National Forest System lands, and a near future to meet the strength and alternatives were analyzed in addition 0.75-mile reroute to the North Line on safety requirements found in National to the No Action Alternative. All new ROW in the vicinity of Pole Hill Electric Safety Code standards. alternatives, including the No Action Substation. At one time there was access to the Alternative, would require improved Alternative C would rebuild and existing transmission line structures for access, including new access roads, and consolidate the transmission lines along construction and maintenance. widening the ROW to 110 feet where it an alignment utilizing a combination of However, in the 60 to 75 years since the is presently less. North Line alternatives the existing North and South line transmission lines were built, access has would all require the removal and ROWs. This alternative includes deteriorated at many locations. Portions reroute of a short section of line through reroutes off the existing transmission of the existing lines are marginally a subdivision near Pinewood Reservoir, line ROW east of Pinewood Reservoir, accessible for routine maintenance and where encroachments on the inadequate along Pole Hill Road on National Forest structure replacement. Inaccessible ROW do not allow for rebuilding a System lands, and on privately held areas include sections of the existing transmission line. The EIS also land on the west end of the Project area. transmission lines that span canyons, disclosed that portions of the Variant C1 would similarly rebuild and are located on steep cliffs or rocky alternatives could be combined during consolidate the transmission lines along slopes, or cross the Pole Hill penstock the decision-making process. The an alignment similar to Alternative C, (the water pipelines between Pinewood alternatives are briefly described below: except that the westernmost 2.7 miles of and Flatiron reservoirs). The No Action Alternative would not the transmission line would be Portions of the existing transmission rebuild the old lines, but structures and constructed underground. lines run parallel to each other in other line components would be Alternatives A, A1, A2, B, C, and C1 relatively close proximity. Each line has replaced by maintenance forces over would all result in the abandonment of a separate right-of-way (ROW). The time. Alternative D would entirely one ROW, and consolidation on the North Line has a ROW width of only 20 rebuild both lines with new structures other, although the alternatives vary in to 30 feet at most locations, which is and conductors similar to the existing what sections of the two ROWs would inadequate to meet reliability and safety ones; essentially it is a replacement in be abandoned. standards. The South Line has ROW kind alternative. The existing wood pole widths that range from 75 feet to 130 H-frame structures are 65 to 75 feet tall; Agency Preferred Alternative feet for most of its length. WAPA would Alternative D would use wood pole WAPA, with input from the Forest need to increase the South Line ROW structures 5 to 10 feet taller. Service (Canyon Lakes District of the easement width to 110 feet in locations Alternative A would rebuild and Roosevelt National Forest), has selected where it is less. The Project area is consolidate the transmission lines the Agency Preferred Alternative susceptible to mountain pine beetle primarily on the existing North Line identified in the Final EIS for infestation and currently has many ROW. Structures would be galvanized implementation. The Agency Preferred infested trees that create heavy fuel steel, single pole, double-circuit Alternative would be a new galvanized loads for wildfires. Where ROWs have structures approximately 40 feet taller steel, single-pole, double-circuit line insufficient width and heavy fuel than the existing structures, and would between Flatiron Substation and U.S. loading, there is a greater risk of a large be the same for all other alternatives Highway 36 at the intersection of Mall wildfire event. This level of risk does using steel structures. If structure-for- Road using the Alternative C alignment not meet applicable standards or structure replacement is used in in the west and primarily the

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Alternative C alignment in the center, the North Line alignment at this point located in a mountainous area, and most and the Alternative B alignment in the would avoid crossing the Pole Hill surface water features are ephemeral or east. In the west region, the Agency Penstock and the steep and rocky terrain intermittent drainage channels that run Preferred Alternative would follow the west of the Pole Hill Substation. during rainstorms and snow melt. These Alternative C alignment along Pole Hill At locations where the Agency channels are typically very narrow and Road through the Meadowdale Hills Preferred Alternative alignment would are spanned by transmission lines, as subdivision to U.S. Highway 36. In follow the existing transmission line structures are typically sited on higher adapting part of Alternative C for the routes, the existing structures would be ground to increase span lengths. The Agency Preferred Alternative, the four- replaced with new double-circuit Project makes use of existing wheel drive segment of West Pole Hill galvanized steel monopole structures. transmission ROWs, and access is a Road would not be reconstructed or Individual structure locations could combination of public, private, and improved on National Forest System vary depending on final design. National Forest System roads, and spurs land, retaining the challenge for four- Increasing the number of transmission to reach structure locations. wheel drive use in response to Draft EIS line structures near National Forest Approximately 30 culverts are public comments. New access would be System roads could change the visual associated with existing access. The needed in the west region for nature and impact of human North Fork of the Little Thompson River construction and maintenance. The development for recreational users of is the only perennial stream crossed by previous access road has been closed as the roads. WAPA would not increase the Project, and it would be spanned by a result of flood damage. In addition, the number of structures along National the transmission line and crossed using instead of crossing over U.S. Highway Forest System roads, and depending on existing road crossings. The Agency 36, the Agency Preferred Alternative final design there may be fewer Preferred Alternative avoids the Big would follow the Alternative C structures in these locations. Thompson River Special Flood Hazard alignment for 1.7 miles, generally On abandoned ROW, existing Area. parallel to and north of U.S. Highway 36 structures and conductors would be An existing access road across a small down the valley for the remaining removed, vegetation management would fen on the National Forest has been distance to the intersection of Mall Road cease, and the ROW allowed to return closed and would no longer be used. and U.S. Highway 36. to natural vegetation patterns. The The Agency Preferred Alternative would New ROW would be required for the Agency Preferred Alternative would avoid the ephemeral wet meadow last segment on the west end of avoid the fen wetlands identified in the crossed by the west end of the existing Alternative C to reduce visibility from Project area. North Line on the west end. The existing transmission line structures U.S. Highway 36. Special design Environmentally Preferred Alternative measures will be considered for this would be removed, access would no segment within the Meadowdale Hills The Agency Preferred Alternative is longer be required, and the ROW subdivision, including the use of also overall the Environmentally abandoned. A few additional structures structures with a lower height and Preferred Alternative for the Project. currently located in seasonal wetlands shorter span, if they provide a lower Using the tabular impact data developed would be relocated outside of the visual impact. This option could result for the Final EIS, Alternative B comes wetlands, and the existing structures in a structure-for-structure replacement out very slightly environmentally removed during dry periods or when the instead of eliminating some structures preferred compared to the Agency ground is frozen. WAPA also has entirely. After design options have been Preferred Alternative. The few sections standard construction practices and developed with specific structure of the Agency Preferred Alternative environmental protection measures to locations, they will be shared with the where new ROW would be required protect floodplains, wetlands, and affected parties. would result in new environmental riparian areas, and these are specifically In the central region on private lands, resource disturbance in those sections; committed to in table 2.5–1 and section the Agency Preferred Alternative the effects of this new disturbance are 2.5 of the Final EIS and by issuance of primarily would follow the North Line, captured in the impact tables. However, this ROD. Given the lack of new impacts but may shift to the South Line and back these new sections were developed to from the Project, the removal of existing again to stay closer to Pole Hill Road, reduce specific recognized important infrastructure and access presently thus minimizing the need for access impacts, both existing and associated located in floodplains and wetlands, roads and ROW maintenance with the Project. The net effect on and the abandonment of one entire disturbance. Additional ROW would environmental resources of these ROW, the construction of the Project need to be obtained along the North departures from the existing ROW would result in a net improvement to Line to meet the 110-foot requirement. would be positive, and outweigh the these resources as compared to current In the east region, from the Flatiron slight calculated advantage of conditions. Substation the Agency Preferred Alternative B. The Agency Preferred Alternative would follow the Alternative would also result in the Section 7 and Section 106 Consultation Alternative B alignment along the abandonment of approximately half the WAPA consulted with the Fish and existing South Line to the Pole Hill existing linear ROW, allowing for Wildlife Service under Section 7 of the Substation. Just east of the Pole Hill natural regeneration and the removal of Endangered Species Act. This Substation the Agency Preferred easement encumbrances on private and consultation resulted in a November 9, Alternative would continue to follow public landowners. 2017, letter from the Fish and Wildlife the alignment of Alternative B which Service concurring with a determination would turn north and partially parallel Floodplain Statement of Findings of ‘‘not likely to adversely affect’’ listed Lone Elk Road for 0.75 mile until Notification of potential floodplain species that could occur in the Project intersecting the alignment of the action was included in the Notice of area. existing North Line. A new ROW along Intent for this Project (77 FR 22774 WAPA consulted with the Colorado existing roads would be required for this (Apr. 17, 2012)). Potential impacts to State Historic Preservation Office short segment, as well as new access floodplains were analyzed as an integral (SHPO) and the Cheyenne and Arapaho spur roads to new structures. Shifting to part of the NEPA process. The Project is tribes of Oklahoma, Northern Arapaho

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Tribe, Northern Cheyenne Tribe, Oglala ENVIRONMENTAL PROTECTION Pennsylvania Ave. NW, Washington, DC Sioux Tribe, Shoshone Tribe of the AGENCY 20460; telephone number: 202–564– 8836; email address: ohare.tara@ Wind River Reservation, Southern Ute [EPA–HQ–OW–2006–0408; FRL–9989–18– Indian Tribe, Ute Indian Tribe of the OEI] epa.gov. Uintah and Ouray Reservation, and the SUPPLEMENTARY INFORMATION: Ute Mountain Tribe. The opportunity to Information Collection Request Supporting documents, which explain consult was also extended to the Estes Submitted to OMB for Review and in detail the information that the EPA Park Museum. Approval; Comment Request; EPA’s will be collecting, are available in the The SHPO has concurred with WaterSense Program (Renewal) public docket for this ICR. The docket can be viewed online at WAPA’s findings of No Adverse Effect AGENCY: Environmental Protection on historic properties within the area of Agency (EPA). www.regulations.gov or in person at the EPA Docket Center, WJC West, Room direct effects, No Historic Properties ACTION: Notice. Affected for indirect visual effects, and 3334, 1301 Constitution Ave. NW, an overall Project finding of No Adverse SUMMARY: The Environmental Protection Washington, DC. The telephone number for the Docket Center is 202–566–1744. Effects for the Agency Preferred Agency (EPA) has submitted an For additional information about EPA’s Alternative. The Southern Ute Indian information collection request (ICR), EPA’s WaterSense Program (EPA ICR public docket, visit http://www.epa.gov/ Tribe was the only tribe or entity that dockets. responded, asking for further No. 2233.07, OMB Control No. 2040– 0272), to the Office of Management and Abstract: WaterSense is a voluntary information. WAPA extended the program designed to create self- review period to accommodate that Budget (OMB) for review and approval in accordance with the Paperwork sustaining markets for water-efficient request. WAPA remains open to Native products and services via a common American comment should any be Reduction Act. This is a proposed extension of the ICR, which is currently label. The program provides incentives made. approved through March 31, 2019. for manufacturers and builders to WAPA’s Decision Public comments were previously design, produce, and market water- requested via the Federal Register on efficient products and homes. The Informed by the analyses and August 28, 2018 during a 60-day program also encourages consumers and environmental impacts documented in comment period. This notice allows for commercial and institutional purchasers the Final EIS and related consultations, an additional 30 days for public of water-using products and systems to WAPA has selected the Agency comments. A fuller description of the choose water-efficient products and use Preferred Alternative identified in the ICR is given below, including its water-efficient practices. As part of Final EIS and summarized above as its estimated burden and cost to the public. strategic planning efforts, EPA decision for the Project. The Agency An agency may not conduct or sponsor encourages programs to develop Preferred Alternative route will be the and a person is not required to respond meaningful performance measures, set ambitious targets, and link budget basis for design and engineering to a collection of information unless it expenditures to results. Data collected activities that will finalize the displays a currently valid OMB control under this ICR will assist WaterSense in centerline, ROW, and specific structure number. demonstrating results and carrying out DATES: Additional comments may be and access road locations. Additionally, evaluation efforts to ensure continual submitted on or before April 22, 2019. this ROD commits WAPA to implement program improvement. In addition, the the standard construction practices ADDRESSES: Submit your comments, data will help EPA estimate water and listed in table 2.5–1, the Project-specific referencing Docket ID Number EPA– energy savings and inform future design criteria and construction HQ–OW–2006–0408, to (1) EPA online product categories and specifications. practices in section 2.5.2, and the using www.regulations.gov (our All shipment and sales data submitted vegetation management practices preferred method), by email to OW- by WaterSense manufacturer and described in appendix B of the Final EIS [email protected], or by mail to: EPA retailer/distributor partners are to minimize environmental impacts. All Docket Center, Environmental collected as confidential business practicable means to avoid or minimize Protection Agency, Mail Code 28221T, information (CBI) using the procedures environmental harm have been adopted, 1200 Pennsylvania Ave. NW, outlined in the WaterSense CBI security and the Project will result in a net Washington, DC 20460, and (2) OMB via plan under the Clean Water Act. _ environmental benefit. email to oira [email protected]. Form Numbers: *Forms not yet Address comments to OMB Desk Officer finalized in italics. This ROD was prepared in accordance for EPA. with the requirements of the Council on Partnership Agreement EPA’s policy is that all comments • Builders 6100–19 Environmental Quality regulations for received will be included in the public • implementing NEPA (40 CFR parts Licensed Certification Providers docket without change including any 6100–20 1500–1508) and U.S. Department of personal information provided, unless • Manufacturers 6100–13 Energy NEPA regulations (10 CFR part the comment includes profanity, threats, • Professional Certifying 1021). information claimed to be Confidential Organizations 6100–07 Dated: March 13, 2019. Business Information (CBI) or other • Promotional partners 6100–06 information whose disclosure is • Mark A. Gabriel, Retailers/distributors 6100–12 restricted by statute. Administrator,Western Area Power Application for Professional Certifying FOR FURTHER INFORMATION CONTACT: Administration. Tara Organization Approval O’Hare, WaterSense Branch, Water • Professional Certifying [FR Doc. 2019–05385 Filed 3–20–19; 8:45 am] Infrastructure Division, Office of Organizations 6100–X3 BILLING CODE 6450–01–P Wastewater Management, Office of Annual Reporting Form Water, (Mail Code 4204M), • Builders 6100–09 Environmental Protection Agency, 1200 • Professional Certifying

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Organizations 6100–09 ENVIRONMENTAL PROTECTION delivery of boxed information, please • Promotional partners 6100–09 AGENCY follow the instructions at http:// Annual Reporting Form—Online and www.epa.gov/dockets/contacts.html. Hard-copy Confidential Business [EPA–HQ–OPPT–2019–0131; FRL–9991–06] Additional instructions on commenting Information (CBI) Forms or visiting the docket, along with more • Initiation of Prioritization Under the Plumbing Manufacturers 6100–09 Toxic Substances Control Act (TSCA) information about dockets generally, is • Non-plumbing Manufacturers available at http://www.epa.gov/ 6100–09 AGENCY: Environmental Protection dockets. • Retailers/Distributors 6100–09 Agency (EPA). FOR FURTHER INFORMATION CONTACT: For Provider Quarterly Reporting Form ACTION: Notice. technical information about the • Licensed Certification Providers candidates for high priority contact: 6100–09 SUMMARY: As required under the Toxic Ana Corado, Chemical Control Division, Award Application Form Substances Control Act (TSCA) and Office of Pollution Prevention and • Builders 6100–17 related implementing regulations, EPA Toxics, Office of Chemical Safety and • Licensed Certification Providers is initiating the prioritization process for 6100–17 Pollution Prevention, Environmental 20 chemical substances as candidates Protection Agency (Mailcode 7408M), • Manufacturers 6100–17 for designation as High Priority • Professional Certifying 1200 Pennsylvania Ave. NW, Substances for risk evaluation and 20 Washington, DC 20460–0001; telephone Organizations 6100–17 chemical substances as candidates for • number: (202) 564–0140; email address: Promotional Partners 6100–17 designation as Low Priority Substances • Retailers/Distributors 6100–17 [email protected]. for risk evaluation. This document For technical information about the Consumer Awareness Survey provides the identity of the chemical • Survey form 6100–X2 candidates for low priority contact: substances being initiated for Lauren Sweet, Chemistry, Economics Respondents/affected entities: prioritization, a general explanation of and Sustainable Strategies Division, WaterSense partners and participants in why the Agency chose these chemical Office of Pollution Prevention and the consumer survey, which include substances and information on the data Toxics, Office of Chemical Safety and product manufacturers; professional sources that EPA plans to use to support Pollution Prevention, Environmental certifying organizations; retailers; the designation. EPA is providing a 90- Protection Agency (Mailcode 7406M) distributors; utilities; federal, state, and day comment period during which 1200 Pennsylvania Ave. NW, local governments; home builders; interested persons may submit relevant Washington, DC 20460–0001; telephone licensed certification providers; and information on these chemical number: (202) 564–0376; email address: non-governmental organizations substances. [email protected]. (NGOs). DATES: For general information contact: The Respondent’s obligation to respond: Comments must be received on or before June 19, 2019. TSCA-Hotline, ABVI-Goodwill, 422 Voluntary. South Clinton Ave., Rochester, NY ADDRESSES: Use one of the following Estimated number of respondents: 14620; telephone number: (202) 554– methods to submit comments, directing 2,649. 1404; email address: TSCA-Hotline@ not related to a specific chemical, Frequency of response: Once, epa.gov. annually, quarterly, occasionally. including comments on Unit V., to Total estimated burden: 3,212 hours docket identification (ID) number EPA– SUPPLEMENTARY INFORMATION: (per year). Burden is defined at 5 CFR HQ–OPPT–2019–0131; submit I. Executive Summary 1320.03(b). information on the 20 candidates for Total estimated cost: $293,189 (per which EPA is initiating the A. Does this action apply to me? year), includes $905 of annualized prioritization process before designation This action is directed to the public capital or operation & maintenance as High Priority Substances for risk in general and may be of interest to costs. evaluation to the applicable chemical entities that currently or may Changes in the Estimates: There is a specific docket ID number identified in manufacture (including import) a decrease of 898 hours in the total Unit III.B.; and submit information on chemical substance regulated under estimated respondent burden compared the 20 candidates for which EPA is TSCA (e.g., entities identified under with the ICR currently approved by initiating the prioritization process North American Industrial OMB. This decrease is due to changes before designation as Low Priority Classification System (NAICS) codes in program requirements including Substances for risk evaluation to the 325 and 324110). The action may also using online forms for all non-CBI applicable chemical specific docket ID be of interest to chemical processors, related data, discontinuing the number identified in Unit IV.B.: distributors in commerce, users, non- individual irrigation partner category, • Federal eRulemaking Portal: http:// profit organizations in the and simplifying the quarterly provider www.regulations.gov. Follow the online environmental and public health reporting requirements, which have instructions for submitting comments. sectors, state and local government reduced operation & maintenance costs Do not submit electronically any agencies, and members of the public. and lowered the estimated burden. EPA information you consider to be Since other entities may also be also better understands how long it Confidential Business Information (CBI) interested, the Agency has not takes partners to complete program or other information whose disclosure is attempted to describe all the specific forms and has better historical data to restricted by statute. entities and corresponding NAICS codes project new partners/forms over the • Mail: Document Control Office for entities that may be interested in or next three years. (7407M), Office of Pollution Prevention affected by this action. and Toxics (OPPT), Environmental Courtney Kerwin, Protection Agency, 1200 Pennsylvania B. What action is the Agency taking? Director, Regulatory Support Division. Ave. NW, Washington, DC 20460–0001. EPA is initiating the prioritization [FR Doc. 2019–05312 Filed 3–20–19; 8:45 am] • Hand Delivery: To make special process under the Toxic Substances BILLING CODE 6560–50–P arrangements for hand delivery or Control Act (TSCA), 15 U.S.C. 2601 et

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seq., for 20 chemical substances as F. What should I consider as I prepare Initiation of prioritization for candidates for designation as High my comments for EPA? substances as High Priority candidates Priority Substances for risk evaluation is not a finding of risk. Rather, when 1. Submitting Confidential Business and 20 chemical substances as prioritization is complete, for those Information (CBI). Do not submit this candidates for designation as Low chemicals designated as high, the information to EPA through Priority Substances for risk evaluation. regulations.gov or email. Clearly mark Agency will have evidence that this This document includes the identity of the part or all of the information that substance may present an unreasonable the chemical substances entering the you claim to be CBI. For CBI risk of injury to health or the prioritization process before information in a disk or CD–ROM that environment because of a potential designation, and a general explanation you mail to EPA, mark the outside of the hazard and a potential route of exposure of why the Agency chose to initiate disk or CD–ROM as CBI and then under the conditions of use. Final prioritization on these chemical identify electronically within the disk or designation of a high priority substance substances. In addition, EPA is CD–ROM the specific information that initiates the risk evaluation process (40 providing a 90-day comment period is claimed as CBI. In addition to one CFR 702.17), which culminates in a during which interested persons may complete version of the comment that finding of whether or not the chemical submit relevant information on these includes information claimed as CBI, a substance presents an unreasonable risk chemical substances. Relevant copy of the comment that does not under the conditions of use. A final information might include, but is not contain the information claimed as CBI designation of a Low Priority substance limited to, any information that may must be submitted for inclusion in the does not require a finding of low or no inform the prioritization screening public docket. Information so marked risk; rather, it is sufficient to show that review conducted pursuant to 40 CFR will not be disclosed except in the chemical does not meet the statutory 702.9(a). accordance with procedures set forth in criteria for a High Priority substance and 40 CFR part 2. C. Why is the Agency taking this action? that risk evaluation is not warranted at 2. Tips for preparing your comments. this time (40 CFR 702.15). TSCA section 6(b) requires that EPA When preparing and submitting your This document is intended to fulfill initiate the prioritization process for comments, see the commenting tips at the TSCA section 6(b)(1)(C)(i) http://www.epa.gov/dockets/ chemical substances that may be requirement that the Administrator comments.html. designated as high priority and low request interested persons to submit priority for risk evaluation. Per TSCA II. Background relevant information on chemical section 6(b)(2)(B), EPA must designate substances that the Administrator has at least 20 low priority substances and TSCA section 6(b)(1), as amended by identified as candidates for designation be conducting risk evaluations on at the Frank R. Lautenberg Chemical as High Priority and Low Priority least 20 high priority substances no later Safety for the 21st Century Act (Pub. L. Substances for risk evaluation. As than three and one-half years after the 114–182), requires EPA to prioritize described in 40 CFR 702.7, this date of enactment of the Frank R. chemical substances for risk evaluation document also initiates the Lautenberg Chemical Safety for the 21st and to establish a process for prioritization process, and provides 90 Century Act (Pub. L. 114–182). The prioritizing chemical substances. As request for interested persons to submit required by TSCA section 6(b) and days during which interested persons relevant information on a chemical described in 40 CFR 702.7, EPA is may submit relevant information. substance for which EPA has initiated initiating the prioritization process for As described in 40 CFR 702.9(b) the prioritization process is required by 20 chemical substances as candidates Information sources, in conducting the TSCA section 6(b)(1)(C)(i). for High Priority Substances for risk screening review during the evaluation and 20 chemical substances prioritization process, EPA will D. What is the Agency’s authority for as candidates for designation as Low consider sources of information relevant taking this action? Priority Substances. to the screening review criteria as This document is issued pursuant to Under the amended statute (section outlined in the statute (TSCA section the authority in TSCA section 6(b)(1). 6(b)(1)(B)) and implementing 6(b)(1)(A)) and implementing regulations (40 CFR 702.3), a High regulations (40 CFR 702.9(a)) and E. What are the estimated incremental Priority Substance is defined as a consistent with the scientific standards impacts of this action? chemical substance that EPA of TSCA section 26(h), including, as determines, without consideration of This document identifies the 40 appropriate, sources for hazard and costs or other non-risk factors, may exposure data listed in Appendices A chemical substances for which EPA is present an unreasonable risk of injury to initiating the prioritization process, and B of the TSCA Work Plan health or the environment because of a Chemicals: Methods Document provides a general explanation of why potential hazard and a potential route of (February 2012). the Agency chose to initiate exposure under the conditions of use, prioritization on these chemical including an unreasonable risk to Consistent with the approach in our A substances, and provides a 90-day potentially exposed or susceptible Working Approach for Identifying comment period for interested persons subpopulations identified as relevant by Potential Candidate Chemicals for to submit relevant information. This EPA. A Low Priority Substance is Prioritization (September 27, 2018) and document does not establish any described as a chemical that EPA prioritization process (40 CFR 702.7), requirements on persons or entities concludes, based on information EPA consulted with other federal outside of the Agency. No incremental sufficient to establish, without agencies and intends to continue to impacts are therefore anticipated, and consideration of costs or other non-risk collaborate with them to identify consequently EPA did not estimate factors, does not meet the statutory information that is useful throughout potential incremental impacts for this criteria for designation as a High the prioritization process. action. Priority Substance.

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III. High Priority Candidate Chemical Cancer (IARC), National Toxicology confidentiality regulations at 40 CFR Substances for Which EPA Is Initiating Program (NTP), National Institute for part 2, subpart B, intends to make this Prioritization Occupational Safety and Health information publicly available for the 20 (NIOSH), Organisation for Economic Co- initiated chemicals when we publish A. Candidates for Which EPA Is operation and Development (OECD), the proposed priority designation. Initiating Prioritization for Designation Agency for Toxic Substances and as High Priority Substances for Risk B. Chemicals Initiated Disease Registry (ATSDR), and Evaluation California Environmental Protection EPA is initiating the prioritization EPA’s working approach to selecting Agency (Cal EPA)). process for the following twenty candidates for designation as High 3. Type 3 sources: Initial searches of chemicals as candidates for designation Priority Substances for risk evaluation is additional sources of information within as High Priority Substance candidates. outlined in the document, A Working the public and gray literature domains 1. 1,3-Butadiene, CAS RN 106–99–0, Approach for Identifying Potential that are not available from Type 1 and Docket number: EPA–HQ–OPPT–2018– Candidate Chemicals for Prioritization, 2 sources (e.g., searches in PubMed, 0451. This chemical was listed in the released to the public on September 27, ToxNet, other U.S. government and 2014 Work Plan Chemicals with a 2018 (https://www.epa.gov/sites/ international websites). hazard score of 3; an exposure score of production/files/2018-09/documents/ After identifying evidence of 3; and a persistence and preprioritization_white_paper_927 information from reasonably available bioaccumulation score of 1. Data 2018.pdf). To identify candidates for sources, the information was evaluated regarding the use of this chemical was designation as High Priority Substances across several data elements including reported to EPA in 2016. EPA also the Agency primarily looked to the hazard, exposure, uses, and receives information annually on this TSCA Work Plan for Chemical physicochemical, fate and transport chemical through the Toxics Release Assessments: 2014 Update (2014 TSCA properties. Inventory. Information is available from Work Plan). EPA surveyed the After reviewing the three types of assessments by another federal agency information and checked quality data data, as explained previously, the and by other countries. elements in a step-wise approach that chemical substances were reviewed for 2. Butyl benzyl phthalate (BBP) (1,2- ensured responsible and timely data availability across all data elements Benzenedicarboxylic acid, 1-butyl 2- completion of the process according to (e.g., hazard, exposure, uses, and (phenylmethyl) ester), CAS RN 85–68–7, TSCA timelines. Additionally, EPA physicochemical, fate and transport Docket number: EPA–HQ–OPPT–2018– opened dockets for each of the 2014 properties). Considerations were given 0501. This phthalate ester was listed in TSCA Work Plan chemicals, and an for chemical similarity, similar the 2014 Work Plan Chemicals with a additional docket for non-2014 TSCA identified functions (e.g., solvents, hazard score of 3; an exposure score of Work Plan chemicals, to allow for phthalates, flame retardants), existing 3; and a persistence and public comment on the prioritization of OPPT work (e.g., experience gained bioaccumulation score of 1. Data these chemicals. from the first ten chemicals to undergo regarding the use of this chemical was The sources of information, as risk evaluation) and other information reported to EPA in 2016. EPA also described in the document A Working as identified in available risk receives information annually on this Approach for Identifying Potential assessments (e.g., IRIS, ECHA), and chemical through the Toxics Release Candidate Chemicals for Prioritization, public literature. Inventory. Information is available from included: In the absence of measured data on assessments by other countries. 1. Type 1 sources: Existing databases chemicals being evaluated, EPA may 3. Dibutyl phthalate (DBP) (1,2- (and dashboards) that allow the user to use alternative means or new approach Benzenedicarboxylic acid, 1,2-dibutyl sift through information using a methods (NAMs) to obtain relevant data. ester), CAS RN 84–74–2, Docket graphical user-interface, a direct query These NAMs can reduce vertebrate number: EPA–HQ–OPPT–2018–0503. such as Structured Query Language testing, consistent with TSCA section This phthalate ester was listed in the (SQL), or webservice Application 4(h)(1)(A). EPA intends to use this 2014 Work Plan Chemicals with a Programming Interface (APIs). EPA’s approach to the extent practicable and hazard score of 3; an exposure score of National Center for Computational scientifically justified. 3; and a persistence and Toxicology’s Chemistry Dashboard To identify chemical substances, EPA bioaccumulation score of 1. Data (Chemistry Dashboard) (https:// considered information such as the 2016 regarding the use of this chemical was comptox.epa.gov/dashboard) is one of CDR reported uses and products as a reported to EPA in 2016. EPA also the several examples of a Type 1 source. surrogate for complexity of information receives information annually on this 2. Type 2 sources: Additional details to inform prioritization and risk chemical through the Toxics Release from existing information from public evaluation. EPA considered the release Inventory. Information is available from and non-public (i.e., confidential and use information for these chemicals assessments by another federal agency business information) sources that are and screened them according to the and by other countries. maintained by competent authorities— types of industrial uses and types of 4. 1,1-Dichloroethane, CAS RN 75– this includes supporting information products where the chemicals were 34–3, Docket number: EPA–HQ–OPPT– from other EPA program offices, state used, as reported in the 2016 CDR. EPA 2018–0426. This chlorinated solvent and federal agencies including considers a chemical with fewer unique was listed in the 2014 Work Plan assessments or evaluations from various uses as a lower work load and a Chemicals with a hazard score of 2; an U.S. and international organizations chemical with multiple uses reported as exposure score of 3; and a persistence (e.g., including but not limited to EPA’s a higher work load. and bioaccumulation score of 2. Data Integrated Risk Information System EPA intends to update and refine its regarding the use of this chemical was (IRIS) Assessments, EPA’s Office of initial review based on data sources reported to EPA in 2016. EPA also Water, EPA’s Office of Air and identified by the public during the receives information on this chemical Radiation, EPA’s High Production comment period (see EPA’s request for through the Toxics Release Inventory. Volume Challenge Program, data in Unit V.) and, where permitted by Information is available from International Agency for Research on TSCA section 14 and subject to EPA assessments by another federal agency.

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5. 1,2-Dichloroethane, CAS RN 107– reported to EPA in 2016. Information is problem formulation for TBBPA in 06–2, Docket number: EPA–HQ–OPPT– available from assessments by other 2015. Information is available from 2018–0427. This chlorinated solvent countries. assessment by another country. was listed in the 2014 Work Plan 10. Ethylene dibromide (Ethane, 1,2- 14. o-Dichlorobenzene (Benzene, 1,2- Chemicals with a hazard score of 3; an dibromo-), CAS RN 106–93–4, Docket dichloro-), CAS RN 95–50–1, Docket exposure score of 3; and a persistence number: EPA–HQ–OPPT–2018–0488. number: EPA–HQ–OPPT–2018–0444. and bioaccumulation score of 2. Data This chemical was listed in the 2014 This chlorinated solvent was listed in regarding the use of this chemical was Work Plan Chemicals with a hazard the 2014 Work Plan Chemicals with a reported to EPA in 2016. EPA also score of 3; an exposure score of 2; and hazard score of 2; an exposure score of receives information annually on this a persistence and bioaccumulation score 3; and a persistence and chemical through the Toxics Release of 2. Data regarding the use of this bioaccumulation score of 2. Data Inventory. Information is available from chemical was reported to EPA in 2016. regarding the use of this chemical was assessments conducted by another EPA also receives information annually reported to EPA in 2016. EPA also federal agency and another country. on this chemical through the Toxics receives information on this chemical 6. 1,2-Dichloropropane, CAS RN 78– Release Inventory. EPA released a through the Toxics Release Inventory. 87–5, Docket number: EPA–HQ–OPPT– screening-level hazard characterization EPA completed a screening-level hazard 2018–0428. This chlorinated solvent in 2009. In addition, information is characterization of this chemical in was listed in the 2014 Work Plan available from assessments by another 2009. Information is available from Chemicals with a hazard score of 2; an federal agency. assessments by another federal agency exposure score of 3; and a persistence 11. Formaldehyde, CAS RN 50–00–0, and other countries. and bioaccumulation score of 2. Data Docket number: EPA–HQ–OPPT–2018– 15. p-Dichlorobenzene (Benzene, 1,4- regarding the use of this chemical was 0438. This chemical was listed in the dichloro-), CAS RN 106–46–7, Docket reported to EPA in 2016. EPA also 2014 Work Plan Chemicals with a number: EPA–HQ–OPPT–2018–0446. receives information annually on this hazard score of 3; an exposure score of This chlorinated solvent was listed in chemical through the Toxics Release 3; and a persistence and the 2014 Work Plan Chemicals with a Inventory. This chemical is also subject bioaccumulation score of 1. Data hazard score of 3; an exposure score of to other EPA regulations. In addition, regarding the use of this chemical was 3; and a persistence and information is available from reported to EPA in 2016. EPA also bioaccumulation score of 2. Data assessments by another federal agency. receives information on this chemical regarding the use of this chemical was 7. Dicyclohexyl phthalate (1,2- annually through the Toxics Release reported to EPA in 2016. EPA also Benzenedicarboxylic acid, 1,2- Inventory. EPA published the receives information annually on this dicyclohexyl ester), CAS RN 84–61–7, Formaldehyde Emission Standards for chemical through the Toxics Release Docket number: EPA–HQ–OPPT–2018– Composite Wood Products final rule in Inventory. EPA identified information 0504. This phthalate ester was listed in 2016. Information is available from available from assessments by another the 2014 Work Plan Chemicals with a assessments by another federal agency federal agency and other countries. hazard score of 3 (based solely on and other countries. 16. Phosphoric acid, triphenyl ester environmental toxicity); an exposure 12. 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8- (TPP), CAS RN 115–86–6, Docket score of 3; and a persistence and hexamethylcyclopenta [g]-2-benzopyran number: EPA–HQ–OPPT–2018–0458. bioaccumulation score of 1. Data (HHCB), CAS RN 1222–05–5, Docket This halogenated flame retardant was regarding the use of this chemical was number: EPA–HQ–OPPT–2018–0430. listed in the 2014 Work Plan Chemicals reported to EPA in 2016. Information is This chemical was listed in the 2014 with a hazard score of 3 (based solely available from assessment by another Work Plan Chemicals with a hazard on environmental toxicity); an exposure country. score of 2; an exposure score of 3; and score of 3; and a persistence and 8. Di-ethylhexyl phthalate (DEHP) a persistence and bioaccumulation score bioaccumulation score of 2. Data (1,2-Benzenedicarboxylic acid, 1,2- of 2. Data regarding the use of this regarding the use of this chemical was bis(2-ethylhexyl) ester), CAS RN 117– chemical was reported to EPA in 2016. reported to EPA in 2016. 81–7, Docket number: EPA–HQ–OPPT– This chemical is also subject to other 17. Phthalic anhydride (1,3- 2018–0433. This phthalate ester was EPA regulations. EPA completed a risk Isobenzofurandione), CAS RN 85–44–9, listed in the 2014 Work Plan Chemicals assessment of the ecological risks from Docket number: EPA–HQ–OPPT–2018– with a hazard score of 3; an exposure HHCB as fragrance ingredient in 0459. This chemical was listed in the score of 3; and a persistence and commercial and consumer products in 2014 Work Plan Chemicals with a bioaccumulation score of 1. Data 2014. EPA released a screening-level hazard score of 3; an exposure score of regarding the use of this chemical was hazard characterization in 2008. In 3; and a persistence and reported to EPA in 2016. EPA also addition, information is available from bioaccumulation score of 1. Data receives information annually on this assessment by another country. regarding the use of this chemical was chemical through the Toxics Release 13. 4,4′-(1-Methylethylidene)bis[2, 6- reported to EPA in 2016. EPA also Inventory. Information is available from dibromophenol] (TBBPA), CAS RN 79– received receives information on this assessments by another federal agency 94–7, Docket number: EPA–HQ–OPPT– chemical annually through the Toxics and by other countries. 2018–0462. This halogenated flame Release Inventory. 9. Di-isobutyl phthalate (DIBP) (1,2- retardant was listed in the 2014 Work 18. trans-1,2- Dichloroethylene Benzenedicarboxylic acid, 1,2-bis(2- Plan Chemicals with a hazard score of (Ethene, 1,2-dichloro-, (1E)-), CAS RN methylpropyl) ester), CAS RN 84–69–5, 2 (based solely on environmental 156–60–5, Docket number: EPA–HQ– Docket number: EPA–HQ–OPPT–2018– toxicity); an exposure score of 3; and a OPPT–2018–0465. This chlorinated 0434. This phthalate ester was listed in persistence and bioaccumulation score solvent was listed in the 2014 Work the 2014 Work Plan Chemicals with a of 2. Data regarding the use of this Plan Chemicals with a hazard score of hazard score of 1; an exposure score of chemical was reported to EPA in 2016. 2; an exposure score of 3; and a 2; and a persistence and EPA also receives information annually persistence and bioaccumulation score bioaccumulation score of 1. Data on this chemical through the Toxics of 2. Data regarding the use of this regarding the use of this chemical was Release Inventory. EPA released a chemical was reported to EPA in 2016.

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EPA completed a screening-level hazard EPA first narrowed the candidate pool chemicals with discrete structures and characterization of this chemical in to chemicals that had been evaluated by selected those with the most available 2015. a government body like the U.S. EPA or data, narrowing the pool to about 75 19. 1,1,2-Trichloroethane, CAS RN an OECD member nation. EPA’s Safer chemicals with low-hazard status 79–00–5, Docket number: EPA–HQ– Chemicals Ingredients List (SCIL) and among an internationally accepted set of OPPT–2018–0421. This chlorinated Chemical Assessment Management endpoints. EPA applied a final screen solvent was listed in the 2014 Work Program (ChAMP), as well as the OECD by conducting a literature search to Plan Chemicals with a hazard score of Screening Information Data Sets, served update and verify candidate information 3; an exposure score of 2; and a as sources of government-evaluated for reliability, completeness and persistence and bioaccumulation score chemicals. The SCIL (https:// consistency. With a set of high-quality of 2. Data regarding the use of this www.epa.gov/saferchoice/safer- data relevant to a potential designation chemical was reported to EPA in 2016. ingredients) is a continuously updated as a Low Priority Substance, EPA EPA also receives information annually list of chemicals that meet low-concern reduced the candidate pool to the 20 on this chemical through the Toxics Safer Choice criteria (https:// chemical substances being initiated Release Inventory. Information is www.epa.gov/saferchoice/standard) for today. EPA will make transparent available from assessments by another both human health and ecological literature search documentation federal agency. endpoints. Based on assessments used available at the proposal phase for the 20. Tris(2-chloroethyl) phosphate to support their listing on the SCIL, EPA 20 Low Priority Substance candidates. (TCEP) (Ethanol, 2-chloro-, 1,1′,1″- has found these chemicals to be EPA intends to update and refine its phosphate), CAS RN 115–96–8, Docket relatively rich in data on hazard. Under initial review based on data sources number: EPA–HQ–OPPT–2018–0476. ChAMP, EPA scientists performed identified by the public during the This halogenated flame retardant was interim evaluations of hazard, use, and comment period (see EPA’s request for listed in the 2014 Work Plan Chemicals exposure of high- and medium- data in Unit V.) and, where permitted by with a hazard score of 2; an exposure production volume chemicals. These TSCA section 14 and subject to EPA score of 2; and a persistence and screening-level risk characterizations confidentiality regulations at 40 CFR bioaccumulation score of 2. Data were interim evaluations that part 2, subpart B, intends to make this regarding the use of this chemical was constituted neither a final Agency information publicly available for the 20 reported to EPA in 2016. EPA released determination on risk nor a initiated chemicals at proposal. This a problem formulation for TCEP in determination as to whether sufficient unit contains information on the data 2015. Information is available from data were available to characterize risk. sources EPA is using to obtain assessment by another country. Screening Information Dataset (SIDS) reasonably available information for evaluating candidate Low Priority IV. Low Priority Candidate Chemical Initial Assessment Reports (SIARs) (https://hpvchemicals.oecd.org/ui/Def Substances consistent with TSCA Substances for Which EPA Is Initiating section 6(b)(1)(B) and implementing Prioritization ault.aspx), prepared by OECD member nations, represent a systematic regulations. EPA encourages submission A. Candidates for Which EPA Is investigation of the potential risks to of additional information relevant to Initiating Prioritization for Designation human health and the environment, and Low Priority Substance designation that as Low Priority Substances for Risk are most often associated with high- stakeholders believe may not be found Evaluation production-volume (HPV) chemicals. in the sources listed. a. Data sources. EPA intends to search SIARs include a base set of hazard 1. EPA’s working approach to for and review literature from primary information, known as the SIDS selecting candidates for designation as literature databases and gray literature elements, for each chemical substance Low Priority Substances for risk and additional search strategies. evaluation is outlined in the document, and incorporate available information b. NAMs and Analogous chemical A Working Approach for Identifying on use patterns and exposure to put data. In the absence of measured data Potential Candidate Chemicals for hazard(s) into context (http:// on chemicals being evaluated, EPA may Prioritization, released to the public on www.oecd.org/chemicalsafety/risk- use alternative means or new approach September 27, 2018 (https:// assessment/1947541.pdf). Through methods (NAMs) to obtain relevant data. www.epa.gov/sites/production/files/ public meetings and comments, EPA These NAMs can reduce vertebrate 2018-09/documents/preprioritization_ stakeholders indicated support for use testing, consistent with TSCA section white_paper_9272018.pdf ).As of SCIL, ChAMP evaluations on 4(h)(1)(A). EPA intends to use this elaborated in this unit, EPA has taken chemicals of low concern, and relevant approach to the extent practicable and steps to implement the approach SIDS assessments as a starting point for scientifically justified. outlined in the working approach identifying Low Priority Substance EPA will consider closely related, document. candidates. analogous chemicals, or analogs, and Starting with over 30,000 chemicals 2. As a next filtering step and to use data from these chemicals to from the April 2018 interim update of increase confidence in the information demonstrate the suitability of a the TSCA active inventory, EPA applied on hazard, conditions of use and chemical for proposal as a Low Priority a series of filtering steps to identify exposure, EPA filtered the pool of Substance where appropriate. The use potential Low Priority Substance approximately 1,600 chemicals to of appropriate analogs in chemical candidates. EPA’s goal was to select approximately 200 substances having assessment is a scientifically valid, chemicals that are among the best-suited discretely defined structures. Data on widely adopted practice. Governments for possible Low Priority Substance chemicals with discrete structures, as worldwide use analogs to fill data gaps designation. EPA identified potential opposed to those with variable in both regulatory and prioritization Low Priority Substance candidates structures, are more reliable and easily contexts. Examples can be found in the based on low-hazard, across a range of compared because of the certainty a OECD screening information dataset endpoints, as the initial criterion since definitive molecular structure provides (SIDS), the EU Registration, Evaluation, EPA knew the data on hazard would be in assessing hazard, conditions of use, Authorisation and Restriction of the most readily available. and exposure. EPA further filtered the Chemicals (REACH), the Canadian

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Chemicals Management Plan (CMP), as a candidate for potential designation as a low priority substance. While EPA and the Australian National Industrial as a low priority substance. will present an independent review if Chemicals Notification and Assessment 3. D-Gluconic acid (CAS RN 526–95– this chemical is proposed as a Low Scheme (NICNAS). 4), Docket ID number: EPA–HQ–OPPT– Priority Substance, EPA notes that this Suitable analogs will be chosen based 2019–0108. EPA has selected d-gluconic chemical has been evaluated and on chemical biological similarities (e.g., acid for initiation as a candidate for determined to be ‘‘low priority for chemical structure, metabolic potential designation as a low priority further work’’ for human health and the breakdown or likely mechanistic/mode substance because it has a environment in the OECD SIDS Initial of action considerations). Information comprehensive data set demonstrating Assessment Report (April 2004). on the value of analogs and guidance for lower hazard, based on an 6. D-Gluconic acid, potassium salt identifying suitable analogs can be internationally accepted set of low- (1:1) (CAS RN 299–27–4), Docket ID found in OECD Series on Testing and concern thresholds for a broad range of number: EPA–HQ–OPPT–2019–0111. Assessment No. 194 Guidance on endpoints, and in view of its known, EPA has selected d-gluconic acid, Grouping of Chemicals, Second Edition intended and reasonably foreseen uses. potassium salt (1:1) for initiation as a (2014). EPA will use expert judgment to Given the low-hazard profile, EPA does candidate for potential designation as a determine if the analog or model used not expect estimated exposures to alter low priority substance because it has a is appropriate for the attribute being the assessment supporting its initiation comprehensive data set demonstrating evaluated. EPA will consider each case as a candidate for potential designation lower hazard, based on an separately, make the analog we have as a low priority substance. While EPA internationally accepted set of low- selected and the data we are using from will present an independent review if concern thresholds for a broad range of it transparent, and accept public this chemical is proposed as a Low endpoints, and in view of its known, comment on alternative approaches. Priority Substance, EPA notes that this intended and reasonably foreseen uses. EPA will also consider modeled data chemical has been evaluated and Given the low-hazard profile, EPA does from sources such as ECOSAR, determined to be ‘‘low priority for not expect estimated exposures to alter Oncologic, EPI Suite, and other models further work’’ for human health and the the assessment supporting its initiation when determined to be within the environment in the OECD SIDS Initial as a candidate for potential designation Assessment Report (April 2004). as a low priority substance. While EPA domain of applicability or supported by 4. D-Gluconic acid, calcium salt (2:1) will present an independent review if analog data. (CAS RN 299–28–5), Docket ID number: this chemical is proposed as a Low B. Chemicals Initiated EPA–HQ–OPPT–2019–0109. EPA has Priority Substance, EPA notes that this selected d-gluconic acid, calcium salt chemical has been evaluated and EPA is initiating the prioritization (2:1) for initiation as a candidate for determined to be ‘‘low priority for process for the following twenty potential designation as a low priority further work’’ for human health and the chemicals as candidates for designation substance because it has a environment in the OECD SIDS Initial as Low Priority Substance candidates. comprehensive data set demonstrating Assessment Report (April 2004). 1. 1-Butanol, 3-methoxy-, 1-acetate lower hazard, based on an 7. D-Gluconic acid, sodium salt (1:1) (CAS RN 4435–53–4), Docket ID internationally accepted set of low- (CAS RN 527–07–1), Docket ID number: number: EPA–HQ–OPPT–2019–0106. concern thresholds for a broad range of EPA–HQ–OPPT–2019–0112. EPA has EPA has selected 1-butanol, 3- endpoints, and in view of its known, selected d-gluconic acid, sodium salt methoxy-, 1-acetate for initiation as a intended and reasonably foreseen uses. (1:1) for initiation as a candidate for candidate for potential designation as a Given the low-hazard profile, EPA does potential designation as a low priority low priority substance because it has a not expect estimated exposures to alter substance because it has a comprehensive data set demonstrating the assessment supporting its initiation comprehensive data set demonstrating lower hazard, based on an as a candidate for potential designation lower hazard, based on an internationally accepted set of low- as a low priority substance. While EPA internationally accepted set of low- concern thresholds for a broad range of will present an independent review if concern thresholds for a broad range of endpoints, and in view of its known, this chemical is proposed as a Low endpoints, and in view of its known, intended and reasonably foreseen uses. Priority Substance, EPA notes that this intended and reasonably foreseen uses. Given the low-hazard profile, EPA does chemical has been evaluated and Given the low-hazard profile, EPA does not expect estimated exposures to alter determined to be ‘‘low priority for not expect estimated exposures to alter the assessment supporting its initiation further work’’ for human health and the the assessment supporting its initiation as a candidate for potential designation environment in the OECD SIDS Initial as a candidate for potential designation as a low priority substance. Assessment Report (April 2004). as a low priority substance. While EPA 2. D-gluco-Heptonic acid, sodium salt 5. D-Gluconic acid, .delta.-lactone will present an independent review if (1:1), (2.xi.)- (CAS RN 31138–65–5), (CAS RN 90–80–2), Docket ID number: this chemical is proposed as a Low Docket ID number: EPA–HQ–OPPT– EPA–HQ–OPPT–2019–0110. EPA has Priority Substance, EPA notes that this 2019–0107. EPA has selected d-gluco- selected d-gluconic acid, .delta.-lactone chemical has been evaluated and heptonic acid, sodium salt (1:1), (2.xi.)- for initiation as a candidate for potential determined to be ‘‘low priority for for initiation as a candidate for potential designation as a low-priority substance further work’’ for human health and the designation as a low priority substance because it has a comprehensive data set environment in the OECD SIDS Initial because it has a comprehensive data set demonstrating lower hazard, based on Assessment Report (April 2004). demonstrating lower hazard, based on an internationally accepted set of low- 8. Decanedioic acid, 1,10-dibutyl ester an internationally accepted set of low- concern thresholds for a broad range of (CAS RN 109–43–3), Docket ID number: concern thresholds for a broad range of endpoints, and in view of its known, EPA–HQ–OPPT–2019–0113. EPA has endpoints, and in view of its known, intended and reasonably foreseen uses. selected decanedioic acid, 1,10-dibutyl intended and reasonably foreseen uses. Given the low-hazard profile, EPA does ester for initiation as a candidate for Given the low-hazard profile, EPA does not expect estimated exposures to alter potential designation as a low priority not expect estimated exposures to alter the assessment supporting its initiation substance because it has a the assessment supporting its initiation as a candidate for potential designation comprehensive data set demonstrating

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lower hazard, based on an priority substance because it has a internationally accepted set of low- internationally accepted set of concern comprehensive data set demonstrating concern thresholds for a broad range of thresholds for a broad range of lower hazard, based on an endpoints, and in view of its known, endpoints, and in view of its known, internationally accepted set of low- intended and reasonably foreseen uses. intended and reasonably foreseen uses. concern thresholds for a broad range of Given the low-hazard profile, EPA does Given the low-hazard profile, EPA does endpoints, and in view of its known, not expect estimated exposures to alter not expect estimated exposures to alter intended and reasonably foreseen uses. the assessment supporting its initiation the assessment supporting its initiation Given the low-hazard profile, EPA does as a candidate for potential designation as a candidate for potential designation not expect estimated exposures to alter as a low priority substance. While EPA as a low priority substance. the assessment supporting its initiation will present an independent review if 9. 1-Docosanol (CAS RN 661–19–8), as a candidate for potential designation this chemical is proposed as a Low Docket ID number: EPA–HQ–OPPT– as a low priority substance. Priority Substance, EPA notes that this 2019–0114. EPA has selected 1- 12. 1-Octadecanol (CAS RN 112–92– chemical has been evaluated and docosanol for initiation as a candidate 5), Docket ID number: EPA–HQ–OPPT– determined to be ‘‘low priority for for potential designation as a low- 2019–0117. EPA has selected 1- further work’’ for human health and the priority substance because it has a octadecanol for initiation as a candidate environment in the OECD SIDS Initial comprehensive data set demonstrating for potential designation as a low Assessment Report (April 2005). lower hazard, based on an priority substance because it has a 15. Propanedioic acid, 1,3-dimethyl internationally accepted set of low- comprehensive data set demonstrating ester (CAS RN 108–59–8), Docket ID concern thresholds for a broad range of lower hazard, based on an number: EPA–HQ–OPPT–2019–0120. endpoints, and in view of its known, internationally accepted set of low- EPA has selected propanedioic acid, intended and reasonably foreseen uses. concern thresholds for a broad range of 1,3-dimethyl ester for initiation as a Given the low-hazard profile, EPA does endpoints, and in view of its known, candidate for potential designation as a not expect estimated exposures to alter intended and reasonably foreseen uses. low priority substance because it has a the assessment supporting its initiation Given the low-hazard profile, EPA does comprehensive data set demonstrating as a candidate for potential designation not expect estimated exposures to alter lower hazard, based on an as a low priority substance. While EPA the assessment supporting its initiation internationally accepted set of low- will present an independent review if as a candidate for potential designation concern thresholds for a broad range of this chemical is proposed as a Low as a low priority substance. While an endpoints, and in view of its known, Priority Substance, EPA notes that this OECD SIDS Initial Assessment Report intended and reasonably foreseen uses. chemical has been evaluated and (August 2002) indicated a need to Given the low-hazard profile, EPA does determined to be ‘‘low priority for examine anaerobic biodegradability and not expect estimated exposures to alter further work’’ for human health and the potential long-term fish toxicity, the the assessment supporting its initiation environment in the OECD SIDS Initial follow-on SIDS Initial Assessment as a candidate for potential designation Assessment Report (April 2006). 1- Report (April 2006) concludes, based on as a low priority substance. While EPA docosanol was also evaluated by EPA’s new information, that fatty acids with will present an independent review if ChAMP program. chain lengths greater than 16, like 1- this chemical is proposed as a Low 10. 1-Eicosanol (CAS RN 629–96–9), octadecanol, have low solubility (and Priority Substance, EPA notes that this Docket ID number: EPA–HQ–OPPT– hence low bioavailability), limiting 2019–0115. EPA has selected 1- potential chronic toxicity as well as chemical has been evaluated and eicosanol for initiation as a candidate limiting the need for further research. determined to be ‘‘low priority for for potential designation as a low 13. Propanol, [2-(2- further work’’ for human health and the priority substance because it has a butoxymethylethoxy)methylethoxy]- environment in the OECD SIDS Initial comprehensive data set demonstrating (CAS RN 55934–93–5), Docket ID Assessment Report (April 2005). lower hazard, based on an number: EPA–HQ–OPPT–2019–0118. 16. Propanol, 1(or 2)-(2- internationally accepted set of low- EPA has selected propanol, [2-(2- methoxymethylethoxy)-, acetate (CAS concern thresholds for a broad range of butoxymethylethoxy)methylethoxy]- for RN 88917–22–0), Docket ID number: endpoints, and in view of its known, initiation as a candidate for potential EPA–HQ–OPPT–2019–0121. EPA has intended and reasonably foreseen uses. designation as a low priority substance selected propanol, 1(or 2)-(2- Given the low-hazard profile, EPA does because it has a comprehensive data set methoxymethylethoxy)-, acetate for not expect estimated exposures to alter demonstrating lower hazard, based on initiation as a candidate for potential the assessment supporting its initiation an internationally accepted set of low- designation as a low priority substance as a candidate for potential designation concern thresholds for a broad range of because it has a comprehensive data set as a low priority substance. While EPA endpoints, and in view of its known, demonstrating lower hazard, based on will present an independent review if intended and reasonably foreseen uses. an internationally accepted set of low- this chemical is proposed as a Low Given the low-hazard profile, EPA does concern thresholds for a broad range of Priority Substance, EPA notes that this not expect estimated exposures to alter endpoints, and in view of its known, chemical has been evaluated and the assessment supporting its initiation intended and reasonably foreseen uses. determined to be ‘‘low priority for as a candidate for potential designation Given the low-hazard profile, EPA does further work’’ for human health and the as a low priority substance. not expect estimated exposures to alter environment in the OECD SIDS Initial 14. Propanedioic acid, 1,3-diethyl the assessment supporting its initiation Assessment Report (April 2006). 1- ester (CAS RN 105–53–3), Docket ID as a candidate for potential designation eicosanol was also evaluated by EPA’s number: EPA–HQ–OPPT–2019–0119. as a low priority substance. While EPA ChAMP program. EPA has selected propanedioic acid, will present an independent review if 11. 1,2-Hexanediol (CAS RN 6920–22– 1,3-diethyl ester for initiation as a this chemical is proposed as a Low 5), Docket ID number: EPA–HQ–OPPT– candidate for potential designation as a Priority Substance, EPA notes that this 2019–0116. EPA has selected 1,2- low priority substance because it has a chemical has been evaluated and hexanediol for initiation as a candidate comprehensive data set demonstrating determined to be ‘‘low priority for for potential designation as a low lower hazard, based on an further work’’ for human health and the

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environment in the OECD SIDS Initial as a low priority substance. While EPA If the information is publicly Assessment Report (November 2003). will present an independent review if available, citations are sufficient 17. Propanol, [(1-methyl-1,2- this chemical is proposed as a Low (including, but not limited to: Title, ethanediyl)bis(oxy)]bis- (CAS RN Priority Substance, EPA notes that this author, date of publication, publication 24800–44–0), Docket ID number: EPA– chemical has been evaluated and source), and the submission does not HQ–OPPT–2019–0122. EPA has selected determined to be ‘‘low priority for need to include copies of the propanol, [(1-methyl-1,2- further work’’ in the OECD SIDS Initial information. ethanediyl)bis(oxy)]bis- for initiation as Assessment Report (January 2001). A person seeking to protect from a candidate for potential designation as 20. Tetracosane, 2,6,10,15,19,23- disclosure as ‘‘confidential business a low priority substance because it has hexamethyl- (CAS RN 111–01–3), information’’ any information that a comprehensive data set demonstrating Docket ID number: EPA–HQ–OPPT– person submits under TSCA must assert lower hazard, based on an 2019–0125. EPA has selected and substantiate a claim for protection internationally accepted set of low- tetracosane, 2,6,10,15,19,23- from disclosure concurrent with concern thresholds for a broad range of hexamethyl- for initiation as a candidate submission of the information in endpoints and in view of its known, for potential designation as a low accordance with the requirements of intended and reasonably foreseen uses. priority substance because it has a TSCA section 14. While EPA may Given the low-hazard profile, EPA does comprehensive data set demonstrating consider confidential business not expect estimated exposures to alter lower hazard, based on an information when conducting its review the assessment supporting its initiation internationally accepted set of low- under 40 CFR 702.9(a), the Agency as a candidate for potential designation concern thresholds for a broad range of encourages submitters to minimize as a low priority substance. While EPA endpoints and in view of its known, claims for protection from disclosure will present an independent review if intended and reasonably foreseen uses. wherever possible to maximize this chemical is proposed as a Low Given the low-hazard profile, EPA does transparency in EPA’s screening review. Priority Substance, EPA notes that this not expect estimated exposures to alter More information on asserting and chemical has been evaluated and the assessment supporting its initiation substantiating confidential business determined to be ‘‘low potential risk as a candidate for potential designation information claims under TSCA can be and low priority for further work’’ in the as a low priority substance. found at https://www.epa.gov/tsca-cbi. OECD SIDS Initial Assessment Report (July 1994). V. Relevant Information Authority: 15 U.S.C. 2601 et seq. ′ 18. 2-Propanol, 1,1 -oxybis- (CAS RN Through this initiation of Dated: March 18, 2019. 110–98–5), Docket ID number: EPA–HQ– prioritization for a chemical substance, Andrew R. Wheeler, OPPT–2019–0123. EPA has selected 2- Administrator. ′ EPA is providing a 90-day comment propanol, 1,1 -oxybis- for initiation as a period as required by the statute (TSCA [FR Doc. 2019–05404 Filed 3–20–19; 8:45 am] candidate for potential designation as a section 6(b)(1)(C)(i)) and implementing BILLING CODE 6560–50–P low priority substance because it has a regulations (40 CFR 702.7(d)), and comprehensive data set demonstrating requests that interested persons lower hazard, based on an voluntarily submit relevant information. ENVIRONMENTAL PROTECTION internationally accepted set of low- Relevant information might include, but AGENCY concern thresholds for a broad range of is not limited to, information that may endpoints and in view of its known, [EPA–HQ–OAR–2003–0085; FRL–9988–74– inform the screening review conducted intended and reasonably foreseen uses. OEI] pursuant to 40 CFR 702.9(a) and Given the low-hazard profile, EPA does consistent with the scientific standard Information Collection Request not expect estimated exposures to alter of TSCA section 26(h), as follows: Submitted to OMB for Review and the assessment supporting its initiation • Approval; Comment Request; NESHAP as a candidate for potential designation The chemical substance’s hazard and exposure potential; for Radionuclides (Renewal) as a low priority substance. While EPA • will present an independent review if The chemical substance’s AGENCY: Environmental Protection this chemical is proposed as a Low persistence and bioaccumulation; Agency (EPA). • Potentially exposed or susceptible Priority Substance, EPA notes that this ACTION: Notice. chemical has been evaluated and subpopulations which the submitter determined to be ‘‘low priority for believes are relevant to the SUMMARY: The Environmental Protection further work’’ in the OECD SIDS Initial prioritization; Agency (EPA) has submitted an • Assessment Report (January 2001). Whether there is any storage of the information collection request (ICR), 19. Propanol, oxybis- (CAS RN 25265– chemical substance near significant NESHAP for Radionuclides (EPA ICR 71–8), Docket ID number: EPA–HQ– sources of drinking water, including the Number 1100.16, OMB Control Number OPPT–2019–0124. EPA has selected storage facility location and the nearby 2060–0191) to the Office of Management propanol, oxybis- for initiation as a drinking water source(s); and Budget (OMB) for review and candidate for potential designation as a • The chemical substance’s approval in accordance with the low priority substance because it has a conditions of use or significant changes Paperwork Reduction Act. This is a comprehensive data set demonstrating in conditions of use, including proposed extension of the ICR, which is lower hazard, based on an information regarding trade names; currently approved through March 31, internationally accepted set of low- • The chemical substance’s 2019. Public comments were previously concern thresholds for a broad range of production volume or significant requested via the Federal Register on endpoints and in view of its known, changes in production volume; and September 6, 2018 during a 60-day intended and reasonably foreseen uses. • Any other information relevant to comment period. This notice allows for Given the low-hazard profile, EPA does the potential risks of the chemical an additional 30 days for public not expect estimated exposures to alter substance that might be relevant to the comments. A fuller description of the the assessment supporting its initiation designation of the chemical substance’s ICR is given below, including its as a candidate for potential designation priority for risk evaluation. estimated burden and cost to the public.

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An agency may not conduct or sponsor impose radionuclide dose and/or ENVIRONMENTAL PROTECTION and a person is not required to respond emission limits, respectively, to AGENCY to a collection of information unless it underground uranium mines, elemental [EPA–HQ–OPPT–2018–0408; FRL 9990–07] displays a currently valid OMB control phosphorous plants, phosphogypsum number. stacks, and uranium mill tailings Certain New Chemical Substances; DATES: Additional comments may be impoundments. Facilities must measure Receipt and Status Information for submitted on or before April 22, 2019. their radionuclide emissions, perform September 2018 ADDRESSES: Submit your comments, analysis or calculations per EPA referencing Docket ID Number EPA– procedure, and report the results to the AGENCY: Environmental Protection HQ–OAR–2003–0085–0014, to (1) EPA EPA. Agency (EPA). online using www.regulations.gov (our Information collected is used by the ACTION: Notice. preferred method), by email to a-and-r- EPA to ensure that public health SUMMARY: EPA is required under the [email protected] or by mail to: EPA continues to be protected from the Toxic Substances Control Act (TSCA), Docket Center, Environmental hazards of airborne radionuclides by as amended by the Frank R. Lautenberg Protection Agency, Mail Code 28221T, compliance with these standards. Chemical Safety for the 21st Century 1200 Pennsylvania Ave. NW, Compliance is demonstrated through Act, to make information publicly Washington, DC 20460, and (2) OMB via emissions testing and dose calculation _ available and to publish information in email to oira [email protected]. when appropriate. the Federal Register pertaining to Address comments to OMB Desk Officer Form Numbers: None. submissions under TSCA section 5, for EPA. Respondents/affected entities: The including notice of receipt of a EPA’s policy is that all comments North American Industry Classification Premanufacture Notice (PMN), received will be included in the public System (NAICS) codes of facilities Significant New Use Notice (SNUN) or docket without change including any associated with the activity of the Microbial Commercial Activity Notice personal information provided, unless respondents are: (1) Elemental (MCAN), including an amended notice the comment includes profanity, threats, Phosphorous—325180, (2) or test information; an exemption information claimed to be Confidential Phosphogypsum Stacks—212392, (3) application (Biotech exemption); an Business Information (CBI) or other Underground Uranium Mines—212291, application for a Test Marketing information whose disclosure is and (4) Uranium Mill Tailings—212291. Exemption (TME), both pending and/or restricted by statute. Respondent’s obligation to respond: concluded; a Notice of Commencement FOR FURTHER INFORMATION CONTACT: Mandatory (CAA, Sec, 112; 40 CFR part (NOC) of manufacture (including Jonathan P. Walsh, Radiation Protection 61). import) for new chemical substances; Division, Office of Radiation and Indoor Estimated number of respondents: 17 and a periodic status report on new Air, Mail Code 6608T, Environmental chemical substances that are currently (total). Protection Agency, 1200 Pennsylvania under EPA review or have recently Ave. NW, Washington, DC 20460; Frequency of response: Annual, or concluded review. This document telephone number: 202–343–9238; fax one-time depending on the source covers the period from September 1, number: 202–343–2304; email address: category and respondent activity. 2018 to September 30, 2018. [email protected]. Total estimated burden: 1,880 hours DATES: Comments identified by the SUPPLEMENTARY INFORMATION: (per year). Burden is defined at 5 CFR specific case number provided in this Supporting documents, which explain 1320.03(b). document must be received on or before in detail the information that the EPA Total estimated cost: $447,850 (per April 22, 2019. will be collecting, are available in the year), includes $328,000 annualized ADDRESSES: Submit your comments, public docket for this ICR. The docket capital or operation & maintenance identified by docket identification (ID) can be viewed online at costs. number EPA–HQ–OPPT–2018–0408, www.regulations.gov or in person at the Changes in the Estimates: There is and the specific case number for the EPA Docket Center, WJC West, Room decrease of 1,898 hours in the total chemical substance related to your 3334, 1301 Constitution Ave. NW, estimated respondent burden compared comment, by one of the following Washington, DC. The telephone number with the ICR currently approved by methods: for the Docket Center is 202–566–1744. OMB. This decrease is due to a • Federal eRulemaking Portal: http:// For additional information about EPA’s combination of factors. Fewer facilities, www.regulations.gov. Follow the online public docket, visit http://www.epa.gov/ particularly uranium mines, are instructions for submitting comments. dockets. currently active. The only operating Do not submit electronically any Abstract: On December 15, 1989, elemental phosphorus plant has information you consider to be pursuant to Section 112 of the Clean Air obtained a waiver from annual testing Confidential Business Information (CBI) Act as amended in 1977 (42 U.S.C. and reporting. Compared to previous or other information whose disclosure is 1857), the Environmental Protection estimates, the current calculation restricted by statute. Agency (EPA) promulgated National assumes that fewer phosphogypsum • Mail: Document Control Office Emission Standards for Hazardous Air stacks will require radon tests in any (7407M), Office of Pollution Prevention Pollutants (NESHAP) to control given year. The current assumption and Toxics (OPPT), Environmental radionuclide emissions from several represents an upper bound on costs due Protection Agency, 1200 Pennsylvania source categories. The regulations are to radon testing and reporting, Ave. NW, Washington, DC 20460–0001. • codified at 40 CFR part 61. Of the seven compared to the actual observed Hand Delivery: To make special subparts (B, H, I, K, R, T and W) activities of these facilities. arrangements for hand delivery or included in the 1989 rule, as currently delivery of boxed information, please amended, four apply to privately Courtney Kerwin, follow the instructions at http:// operated facilities. In addition to Director, Regulatory Support Division. www.epa.gov/dockets/contacts.html. requiring operational practices that limit [FR Doc. 2019–05313 Filed 3–20–19; 8:45 am] Additional instructions on commenting emissions, Subparts B, K, R, and W BILLING CODE 6560–50–P or visiting the docket, along with more

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information about dockets generally, is Any person who intends to identify electronically within the disk or available at http://www.epa.gov/ manufacture (including import) a new CD–ROM the specific information that dockets. chemical substance for a non-exempt is claimed as CBI. In addition to one FOR FURTHER INFORMATION CONTACT: commercial purpose, or to manufacture complete version of the comment that For technical information contact: Jim or process a chemical substance in a includes information claimed as CBI, a Rahai, Information Management non-exempt manner for a use that EPA copy of the comment that does not Division (7407M), Office of Pollution has determined is a significant new use, contain the information claimed as CBI Prevention and Toxics, Environmental is required by TSCA section 5 to must be submitted for inclusion in the Protection Agency, 1200 Pennsylvania provide EPA with a PMN, MCAN or public docket. Information so marked Ave. NW, Washington, DC 20460–0001; SNUN, as appropriate, before initiating will not be disclosed except in telephone number: (202) 564–8593; the activity. EPA will review the notice, accordance with procedures set forth in email address: [email protected]. make a risk determination on the 40 CFR part 2. For general information contact: The chemical substance or significant new 2. Tips for preparing your comments. TSCA-Hotline, ABVI-Goodwill, 422 use, and take appropriate action as When preparing and submitting your South Clinton Ave., Rochester, NY described in TSCA section 5(a)(3). comments, see the commenting tips at 14620; telephone number: (202) 554– TSCA section 5(h)(1) authorizes EPA http://www.epa.gov/dockets/ 1404; email address: TSCA-Hotline@ to allow persons, upon application and comments.html. epa.gov. under appropriate restrictions, to II. Status Reports manufacture or process a new chemical SUPPLEMENTARY INFORMATION: substance, or a chemical substance In the past, EPA has published I. Executive Summary subject to a significant new use rule individual notices reflecting the status of TSCA section 5 filings received, A. What action is the Agency taking? (SNUR) issued under TSCA section 5(a)(2), for ‘‘test marketing’’ purposes, pending or concluded. In 1995, the This document provides the receipt upon a showing that the manufacture, Agency modified its approach and and status reports for the period from processing, distribution in commerce, streamlined the information published September 1, 2018 to September 30, use, and disposal of the chemical will in the Federal Register after providing 2018. The Agency is providing notice of not present an unreasonable risk of notice of such changes to the public and receipt of PMNs, SNUNs and MCANs injury to health or the environment. an opportunity to comment (See the (including amended notices and test This is referred to as a test marketing Federal Register of May 12, 1995 (60 FR information); an exemption application exemption, or TME. For more 25798) (FRL–4942–7). Since the passage under 40 CFR part 725 (Biotech information about the requirements of the Lautenberg amendments to TSCA exemption); TMEs, both pending and/or applicable to a new chemical go to: in 2016, public interest in information concluded; NOCs to manufacture a new http://www.epa.gov/oppt/newchems. on the status of section 5 cases under chemical substance; and a periodic Under TSCA sections 5 and 8 and EPA review and, in particular, the final status report on new chemical EPA regulations, EPA is required to determination of such cases, has substances that are currently under EPA publish in the Federal Register certain increased. In an effort to be responsive review or have recently concluded information, including notice of receipt to the regulated community, the users of review. of a PMN/SNUN/MCAN (including this information, and the general public, EPA is also providing information on amended notices and test information); to comply with the requirements of its website about cases reviewed under an exemption application under 40 CFR TSCA, to conserve EPA resources and to the amended TSCA, including the part 725 (biotech exemption); an streamline the process and make it more section 5 PMN/SNUN/MCAN and application for a TME, both pending timely, EPA is providing information on exemption notices received, the date of and concluded; NOCs to manufacture a its website about cases reviewed under receipt, the final EPA determination on new chemical substance; and a periodic the amended TSCA, including the the notice, and the effective date of status report on the new chemical section 5 PMN/SNUN/MCAN and EPA’s determination for PMN/SNUN/ substances that are currently under EPA exemption notices received, the date of MCAN notices on its website at: https:// review or have recently concluded receipt, the final EPA determination on www.epa.gov/reviewing-new-chemicals- review. the notice, and the effective date of under-toxic-substances-control-act-tsca/ EPA’s determination for PMN/SNUN/ status-pre-manufacture-notices. This C. Does this action apply to me? MCAN notices on its website at: https:// information is updated on a weekly This action provides information that www.epa.gov/reviewing-new-chemicals- basis. is directed to the public in general. under-toxic-substances-control-act-tsca/ status-pre-manufacture-notices. This B. What is the Agency’s authority for D. Does this action have any information is updated on a weekly taking this action? incremental economic impacts or basis. Under the TSCA, 15 U.S.C. 2601 et paperwork burdens? III. Receipt Reports seq., a chemical substance may be either No. an ‘‘existing’’ chemical substance or a For the PMN/SNUN/MCANs received ‘‘new’’ chemical substance. Any E. What should I consider as I prepare by EPA during this period, Table I chemical substance that is not on EPA’s my comments for EPA? provides the following information (to TSCA Inventory of Chemical Substances 1. Submitting confidential business the extent that such information is not (TSCA Inventory) is classified as a ‘‘new information (CBI). Do not submit this subject to a CBI claim) on the notices chemical substance,’’ while a chemical information to EPA through received by EPA during this period: The substance that is listed on the TSCA regulations.gov or email. Clearly mark EPA case number assigned to the notice Inventory is classified as an ‘‘existing the part or all of the information that that indicates whether the submission is chemical substance.’’ (See TSCA section you claim to be CBI. For CBI an initial submission, or an amendment, 3(11).) For more information about the information in a disk or CD–ROM that a notation of which version was TSCA Inventory go to: https:// you mail to EPA, mark the outside of the received, the date the notice was www.epa.gov/tsca-inventory. disk or CD–ROM as CBI and then received by EPA, the submitting

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manufacturer (i.e., domestic producer or specific information provided by the ‘‘3’’, etc. Note that in some cases, an importer), the potential uses identified submitter was claimed as CBI. initial submission is not numbered as by the manufacturer in the notice, and Submissions which are initial version 1; this is because earlier the chemical substance identity. submissions will not have a letter versions were rejected as incomplete or As used in each of the tables in this following the case number. Submissions invalid submissions. Note also that unit, (S) indicates that the information which are amendments to previous future versions of the following tables in the table is the specific information submissions will have a case number may adjust slightly as the Agency works provided by the submitter, and (G) followed by the letter ‘‘A’’ (e.g. P–18– to automate population of the data in indicates that this information in the 1234A). The version column designates the tables. table is generic information because the submissions in sequence as ‘‘1’’, ‘‘2’’, TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018

Received Case No. Version date Manufacturer Use Chemical substance

J–18–0045 ...... 1 09/27/2018 CBI ...... (G) Ethanol production ...... (G) Biofuel producing Saccharomyces cerevisiae modi- fied, genetically stable. P–16–0104A ..... 2 09/27/2018 CBI ...... (G) This material is used as a feed (S) 2-pyridinecarboxylic acid, 4,5-dichloro-6-(4-chloro-2- stock for another intermediate. fluoro-3-methoxyphenyl. P–16–0309A ..... 4 09/28/2018 CBI ...... (G) PMN substances are intended for (G) 12-hydroxystearic acid, reaction products with alkyl- use as rheological or thixotropic ene diamine and alkanoic acid. agents used in the production of solvent based industrial coatings, high solid aromatic paints, adhe- sives, sealants, and other types of paints and topcoats. P–16–0310A ..... 4 09/28/2018 CBI ...... (G) PMN substances are intended for (G) 12-hydroxystearic acid, reaction products with alkyl- use as rheological or thixotropic ene diamine and alkanoic acid. agents used in the production of solvent based industrial coatings, high solid aromatic paints, adhe- sives, sealants, and other types of paints and topcoats. P–16–0354A ..... 3 09/21/2018 CBI ...... (G) Intermediate ...... (G) Esteramine. P–16–0355A ..... 3 09/21/2018 CBI ...... (G) Intermediate ...... (G) Esteramine. P–16–0380A ..... 5 09/28/2018 CBI ...... (G) Component in electrocoat resin ... (G) Formic acid, compds. with hydrolyzed bisphenol a- epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-n1-(1,3-dimethylbutylidene)- n2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2- ethanediamine-dialdehyde-2-(methylamino)ethanol re- action products acetates (salts). P–16–0381A ..... 5 09/28/2018 CBI ...... (G) Component in electrocoat resin ... (G) Propanoic acid, 2-hydroxy-, compds. with hydrolyzed bisphenol a-epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-N1-(1,3- dimethylbutylidene)-N2-[2-[(1, 3- dimethylbutylidene)amino]ethyl]-1,2-ethanediamine- dialdehyde-2-(methylamino)ethanol reaction products formates (salts). P–16–0382A ..... 5 09/28/2018 CBI ...... (G) Component of an electrocoat (G) Formic acid, compds. with hydrolyzed bisphenol a- resin. epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-N1-(1,3-dimethylbutylidene)- N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2- ethanediamine-dialdehyde-2-(methylamino)ethanol re- action products sulfamates(salts). P–16–0383A ..... 5 09/28/2018 CBI ...... (S) Anti-crater additive for automotive (G) Formic acid, compds. with hydrolyzed bisphenol a- electrocoat resin. epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-N1-(1,3-dimethylbutylidene)- N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2- ethanediamine-dialdehyde-2-(methylamino)ethanol re- action products acetates (salts). P–16–0384A ..... 5 09/28/2018 CBI ...... (G) Component of an electrocoat (G) Propanoic acid, 2-hydroxy-, compds. with hydrolyzed resin. bisphenol a-epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-N1-(1,3- dimethylbutylidene)-N2-[2-[(1, 3- dimethylbutylidene)amino]ethyl]-1,2-ethanediamine- dialdehyde-2-(methylamino)ethanol reaction products formates (salts). P–16–0385A ..... 5 09/28/2018 CBI ...... (G) Component of electrocoat resin ... (G) Formic acid, compds. with hydrolyzed bisphenol a- epichlorohydrin-polyethylene glycol ether with bisphenol a (2:1) polymer-N1-(1,3-dimethylbutylidene)- N2-[2-[(1, 3-dimethylbutylidene)amino]ethyl]-1,2- ethanediamine-dialdehyde-2-(methylamino)ethanol re- action products sulfamates(salts). P–16–0442A ..... 3 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Carboxylic acids, unsaturated, polymers with disubstituted amine, alkanediol, substituted alkylpropanoic acid, alkanedioic acid and substituted isocyanatocycloalkane, compds. with alkylamine. P–16–0443A ..... 3 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Carboxylic acids, unsaturated, hydrogenated poly- mers with disubstituted amine, alkanediol, substituted alkylpropanoic acid, alkanedioic acid and substituted isocyanatocycloalkane, compds. with alkylamine. P–16–0444A ..... 3 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Amine salted polyurethane.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–16–0445A ..... 3 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Carboxylic acids, unsaturated, hydrogenated poly- mers with substituted alkanediamine, alkanediol, sub- stituted alkylpropanoic acid, alkanedioic acid and sub- stituted isocyanatocycloalkane, compds. with alkylamine. P–16–0539A ..... 4 09/14/2018 CBI ...... (G) Photolithography ...... (G) Organic sulfonate compound. P–16–0583A ..... 4 09/27/2018 CBI ...... (S) Sealant for head lamps of cars .... (G) Aromatic hydrocarbon resin. P–17–0016A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated. P–17–0017A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated. P–17–0018A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, azobis[aliphatic nitrile] initiated. P–17–0019A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated. P–17–0020A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, peroxide initiated. P–17–0021A ..... 4 09/24/2018 CBI ...... (G) Polymer for coatings ...... (G) Hydroxyl alkyl acrylate ester, polymer with acrylates, aromatic vinyl monomer, cycloaliphatic lactone, and alkyl carboxylic acid, azobis[aliphatic nitrile] initiated. P–17–0144A ..... 2 09/07/2018 Designer Mol- (G) Coating component ...... (S) Amines, c36-alkylenedi-, polymers with octahydro- ecules, Inc. 4,7-methano-1h-indenedimethanamine and pyromellitic dianhydride, maleated. P–17–0184A ..... 4 09/24/2018 Colonial Chemical, (S) Liquid Laundry Detergent ...... (S) 1-propanaminium, 2-hydroxy-n, n-dimethyl-n-[3-[(1- Inc. oxooctyl-amino]propyl]-3-sulfo-, inner salt. P–17–0207A ..... 4 09/24/2018 CBI ...... (G) Paint ...... (G) 2-alkenoic acid, 2 alkyl, 2 alkyl ester, polymer with alkyl alkenoate, carbomonocyle, alkyl alkenoate and alkyl alkenoate, alkyl peroxide initiated. P–17–0234A ..... 4 09/11/2018 CBI ...... (S) Adhesive intermediate ...... (S) Oxirane, 2-(chloromethyl)-, polymer with 2- methyloxirane polymer with oxirane bis(2-aminopropyl) ether. P–17–0282A ..... 10 09/14/2018 Elantas PDG, Inc. (S) This is a component of a mixture (S) Isocyanic acid, polymethylenepolyphenylene ester, that is used as an impregnating var- caprolactam- and phenol-blocked. nish for stators and motors. P–17–0298A ..... 2 09/06/2018 GE Water & Proc- (S) The notified substance is de- (S) Formaldehyde, homopolymer, reaction products with ess Technolo- scribed as a hydrogen sulfide scav- n-propyl-1-propanamine. gies. enger used in controlling hydrogen sulfide in the vapor space of fuel storage, shipping vessels and pipe- lines. It is designed to reduce the health, safety and environmental hazards of handling fuels containing H2S. The substance reacts selec- tively with (neutralizes) and re- moves H2S to help meet product and process specifications. P–17–0339A ..... 5 09/25/2018 Sasol Chemicals (S) Paints, (S) Industrial/Commercial (S) Poly(oxy-1,2-ethanediyl), a-(2-butyloctyl)-w-hydroxy-. (USA), LLC. Surfactant, (S) Metal working Fluid, (S) Agricultural chemicals, (S) Agri- cultural chemicals. P–17–0340A ..... 5 09/25/2018 Sasol Chemicals (S) Industrial/Commercial Surfactant, (S) Poly(oxy-1,2-ethanediyl), a-(2-hexyldecyl)-w-hydroxy-. (USA), LLC. (S) Metal working Fluid, (S) Paints, (S) Metal working Fluid, (S) Agricul- tural chemicals, (S) Agricultural chemicals, (S) Paints, (S) Industrial/ Commercial Surfactant. P–17–0341A ..... 5 09/25/2018 Sasol Chemicals (S) Paints, (S) Paints, (S) Metal work- (S) Alcohols, c16-20-branched, ethoxylated. (USA), LLC. ing Fluid, (S) Industrial/Commercial Surfactant, (S) Agricultural chemi- cals, (S) Industrial/Commercial Sur- factant, (S) Metal working Fluid, (S) Agricultural chemicals. P–17–0342A ..... 5 09/25/2018 Sasol Chemicals (S) Agricultural chemicals, (S) Agricul- (S) Poly(oxy-1,2-ethanediyl), a-(2-octyldodecyl)-w-hy- (USA), LLC. tural chemicals. droxy-. P–17–0382A ..... 3 09/18/2018 Chemtura Cor- (S) Friction Modifier for Automotive lu- (S) Amides, tallow, n,n-bis(2-hydroxypropyl). poration. bricants (i.e., Motor oil, Trans- mission fluid, Differential fluid). P–17–0387A ..... 4 09/24/2018 CBI ...... (G) Paint ...... (G) Dicarboxylic acids, polymers with alkanoic acid, alkanediol, susbtituted-alkylalkanoic acid, substituted alkyl carbomonocyle, alkanedioic acid and alkanediol, alkanolamine blocked, compds. with alkanolamine. P–17–0388A ..... 4 09/24/2018 CBI ...... (G) Paint ...... (G) Dicarboxylic acids, polymers with alkanoic acid, alkanediol, susbtituted-alkylalkanoic acid, substituted alkyl carbomonocyle, alkanedioic acid and alkanediol, alkanolamine blocked, compds with alkanolamine.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–17–0393A ..... 4 09/25/2018 Allnex USA, Inc .... (G) UV Curable Coating Resin ...... (G) Alkanediamine, dialkyl-, polymer with a-hydro-w-[(1- oxo-2-propen-1-yl)oxy]poly(oxy-1,2-ethanediyl) ether with substituted alkyl-substituted-alkanediol, reaction products with alkyl-alkanamine. P–18–0018A ..... 3 09/04/2018 Kyodo Yushi USA, (G) Lubricant ...... (G) Fluorinated acrylate, polymer with alkyloxirane Inc. homopolymer monoether with alkanediol mono(2-meth- yl-2-propenoate), tert-Bu 2-ethylhexaneperoxoate-initi- ated. P–18–0057A ..... 8 09/10/2018 CBI ...... (S) A drier accelerator that is used for (S) Vanadium, tris(2-ethylhexanoato-ko)tri-μ-oxotri-, superior drying performance in sol- cyclo. vent-borne and waterborne air-dried paints, inks and coatings. P–18–0057A ..... 9 09/21/2018 CBI ...... (S) A drier accelerator that is used for (S) Vanadium, tris(2-ethylhexanoato-ko)tri-μ-oxotri-, superior drying performance in sol- cyclo. vent-borne and waterborne air-dried paints, inks and coatings. P–18–0070A ..... 8 09/12/2018 Arrowstar, LLC ..... (G) Chemical intermediate for poly- (G) Waste plastics, polyester, depolymd. with glycols, urethane industry. polymers with dicarboxylic acids. P–18–0078A ..... 2 09/10/2018 CBI ...... (G) Paint ...... (G) 2-alkenoic acid, 2-alkyl-, 2-alkyl ester, polymer with alkyl 2-alkenoate, 2-substitutedalkyl 2-alkenoate and 2- substitutedalkyl 2-alkyl-2-alkenoate, tert alkylperoxoate initiated. P–18–0078A ..... 3 09/24/2018 CBI ...... (G) Paint ...... (G) 2-alkenoic acid, 2-alkyl-, 2-alkyl ester, polymer with alkyl 2-alkenoate, 2-substitutedalkyl 2-alkenoate and 2- substitutedalkyl 2-alkyl-2-alkenoate, tert alkylperoxoate initiated. P–18–0084A ..... 4 09/21/2018 ShayoNano USA, (S) Additive for paints and coatings ... (S) Silicon zinc oxide. Inc. P–18–0088A ..... 2 09/14/2018 CBI ...... (G) Oil and gas production ...... (G) Di(substituted-1,3-trialkylammonium) dialkylammonium salt. P–18–0091A ..... 2 09/11/2018 Greenwich Chem- (S) Intermediate for use in the manu- (G) Vegetable oil, polymers with diethylene glycol- and ical Consulting, facture of polymers. polyol- and polyethylene glycol-depolymd. Inc. poly(ethylene terephthalate) waste plastics and arylcarboxylic acid anhydride. P–18–0092A ..... 4 09/05/2018 Shell Chemical (G) The TBPMI chemical is used as a (S) Phosphonium, tributylmethyl-, iodide (1:1). LP—Martinez catalyst, the catalyst is imported Catalyst Plant. and used in the manufacture of monoethlyene glycol (MEG). P–18–0100A ..... 2 09/17/2018 Allnex USA, Inc .... (G) UV Curable Coating Resin ...... (G) Substituted alkanoic acid polymer with alkylcarbonate, alkanediols and isocyanate substituted carbomonocycles, sodium salt, alkanoic acid-sub- stituted polyol reaction products-blocked. P–18–0100A ..... 5 09/19/2018 Allnex USA, Inc .... (G) UV Curable Coating Resin ...... (G) Substituted alkanoic acid polymer with alkylcarbonate, alkanediols and isocyanate substituted carbomonocycles, sodium salt, alkanoic acid-sub- stituted polyol reaction products-blocked. P–18–0102A ..... 3 09/17/2018 Allnex USA, Inc .... (G) UV Curable Coating Resin ...... (G) Alkanoic acid, ester with [oxybis(alkylene)]bis[alkyl- substituted alkanediol], polymer with alkylcarbonate, alkanediols, substituted alkanoic acid and isocyanate and alkyl substituted carbomonocycle, sodium salt. P–18–0102A ..... 5 09/19/2018 Allnex USA, Inc .... (G) UV Curable Coating Resin ...... (G) Alkanoic acid, ester with [oxybis(alkylene)]bis[alkyl- substituted alkanediol], polymer with alkylcarbonate, alkanediols, substituted alkanoic acid and isocyanate and alkyl substituted carbomonocycle, sodium salt. P–18–0104A ..... 5 09/04/2018 CBI ...... (S) Halogen free flame retardant in (G) Acrylic acid, reaction products with pentaerythritol, thermoplastic polymers. polymerized. P–18–0109A ..... 2 09/07/2018 CBI ...... (G) Additive, open, non-dispersive use (G) 2-alkenoic acid, 2-alkyl-, alkyl ester, polymer with 2- (dialkylamino)alkyl 2-alkyl-2-alkenoate, alkyl 2-alkyl-2- alkenoate and ¿-(2-alkyl-1-oxo-2-alken-1-yl)-¿- alkoxypoly(oxy-1,2-alkanediyl), [(1-alkoxy-2-alkyl-1- alken-1-yl)oxy]trialkylsilane-initiated. P–18–0116A ..... 3 09/14/2018 CBI ...... (G) Intermediate for industrial chem- (G) Fatty acid oil reaction product with fatty acid oil. ical. P–18–0133A ..... 2 09/19/2018 CBI ...... (G) Component in hydraulic fracturing (G) Polyol adduct of bisaldehyde. fluids. P–18–0137A ..... 2 09/07/2018 Wacker Chemical (S) For improved water protection of (G) Alkylsilsesquioxane, ethoxy-terminated. Corporation. construction materials, like cement fiber board. P–18–0160A ..... 2 09/18/2018 CBI ...... (G) Coating component ...... (G) Heteropolycyclic, halo substituted alkyl substituted- diaromatic amino substituted carbomonocycle, halo substituted alkyl substituted heteropolycyclic, tetraaromatic metalloid salt (1:1).

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0172A ..... 6 09/04/2018 CBI ...... (S) Category of use: By function and (S) Calcium, carbonate 2-ethylhexanoate neodecanoate application, i.e., a dispersive dye for propionate complex. finishing polyester fibers). Calcium is an auxiliary drier that is used solely in combination with primary and secondary driers. It can also be used as a pigment wetting agent and loss of dry additive. Calcium itself has no drying effect on bind- ers that dry by oxidation. However, it yields synergistic effects in com- bination with primary driers such as cobalt, manganese and Borchi OXY-Coat, and with secondary dri- ers such as zirconium. When added during the dispersion, it prevents adsorption of the primary driers by the pigments thereby stabilizing sur- face dry. Calcium also promotes pigment wetting to improve film gloss. Applications 10% Calcium Cem-All® driers are based on a blend of carboxylate metal salts and are designed for Solventborne coat- ings only. Calcium driers are used in all oxidatively cured systems, whether air or force dried. They are used in architectural paints, indus- trial coatings and stains. Dosage In conventional alkyd formulations, the Calcium addition is between 0.03– 0.30% metal based on the vehicle solids of the coating and will vary depending upon the composition of the binder. The specific drier blend should be experimentally deter- mined. Higher levels might be needed if added to the dispersion to prevent drier adsorption. Calcium drier can be added to the disper- sion and/or in the letdown with other driers. P–18–0179A ..... 5 09/10/2018 CBI ...... (G) Adhesive ...... (G) Phenol, polymer with formaldehyde and phenolic resin, sodium salt. P–18–0180A ..... 5 09/10/2018 CBI ...... (G) Adhesive ...... (G) Phenol, polymer with formaldehyde and phenolic resin, potassium salt. P–18–0181A ..... 5 09/10/2018 CBI ...... (G) Adhesive ...... (G) Phenol, polymer with formaldehyde and phenolic resin, potassium sodium salt. P–18–0182 ...... 3 09/18/2018 Georgia Institute of (S) For heat transfer, heat storage, (G) Multiwalled carbon nanotubes. Technology. thermal emission, and general tem- perature management in heat-gen- erating systems such as electronics (S) For light absorption properties (S) To improve mechanical prop- erties or electrical conductivities of other materials or products. P–18–0185A ..... 2 09/11/2018 Allnex USA, Inc .... (S) Adhesion-enhancing resin for (G) Fatty acid, polymer with alkanedioic acid dialkyl wood applications. ester, hydroxyl alkyl substituted alkanediol, substituted carbomonocycle and alkylol substituted alkane. P–18–0185A ..... 3 09/21/2018 Allnex USA, Inc .... (S) Adhesion-enhancing resin for (G) Fatty acid, polymer with alkanedioic acid dialkyl wood applications. ester, hydroxyl alkyl substituted alkanediol, substituted carbomonocycle and alkylol substituted alkane. P–18–0227A ..... 2 09/10/2018 CBI ...... (G) Corrosion inhibitor (G) Chemical (S) D-glucaric acid. intermediate. P–18–0235A ..... 4 09/05/2018 CBI ...... (S) Component in automotive gaso- (G) Naphtha oils. line/transportation fuel for consumer use. P–18–0235A ..... 6 09/12/2018 CBI ...... (S) Component in automotive gaso- (G) Naphtha oils. line/transportation fuel for consumer use. P–18–0262 ...... 2 09/05/2018 SEPPIC ...... (S) Function: Thickener Applications: (S) 2-propenoic acid, 2-methyl-, dodecyl ester, polymer Paints, adhesive (S) Function: with ammonium 2-methyl-2-[(1-oxo-2-propen-1- Polishes Applications: Wood care, yl)amino]-1-propanesulfonate (1:1), n,n-dimethyl-2- leather care (S) Function: Stabilizer propenamide and .alpha.-(2-methyl-1-oxo-2-propen-1- of suspensions, Applications: Deter- yl)-.omega.-(dodecyloxy)poly(oxy-1,2-ethanediyl). gency, treatment of physical sur- faces, development of soaps. P–18–0277A ..... 3 09/12/2018 CBI ...... (G) Adhesive ...... (G) Poly[2-(dimethylamino)ethyl acrylate chloride salt, vinyl acetate, methacrylic acid and alkyl acrylates]. P–18–0282A ..... 5 09/12/2018 Ashland, Inc...... (G) Adhesive ...... (G) Fatty acid ester, polyether, diisocyanate polymer.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0283A ..... 2 09/04/2018 CBI ...... (G) Open, non-dispersive use ...... (G) Hydroxy alkanoic acid, compds. with aminoalkoxyalcohol-epoxy polymer-alkanolamine reac- tion products. P–18–0287A ..... 4 09/19/2018 CBI ...... (G) Company plans to produce ‘‘tires, (G) Synthetic oil from tires. wastes, pyrolyzed, condensate oil fraction’’ (hereafter referred to as syn oil) (CASRN: 1312024–02–4) from scrap tire materials. The syn- thetic oil fraction from tire waste py- rolysis can be used in a variety of industries. Some examples of use of synthetic oil include use as a fuel, upgraded for use as a higher quality fuel, as an additive for as- phalt or other complex mixtures, used to manufacture other chemi- cals, etc. P–18–0289 ...... 2 09/20/2018 CBI ...... (G) Gas scrubbing,(G) Wastewater (G) 2-(2(methylcaboxymonocyclic)amino)ethoxy)-alcohol. deoderizing, (G) Landfill deoderizing, (G) Agricultural ma- nure digester deodorizing. P–18–0290 ...... 2 09/20/2018 CBI ...... (G) Wastewater deoderizing, (G) (G) Carbomonocylic-oxazolidine. Landfill odor neutralizing, (G) Agri- cultural manure digester deodor- izing, (G) Gas scrubbing. P–18–0297 ...... 1 09/04/2018 CBI ...... (G) A Component of material for fab- (G) Substituted, (alkylaromatic)diaromatic salt with rication. trihalo-[(trihaloalkyl)substituted]substituted alkaneamide. P–18–0298 ...... 1 09/06/2018 Hexion, Inc ...... (G) Epoxy curing agent ...... (G) 1,3-propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer with ethyleneamine, 2-(chloromethyl)oxirane, 2-[[4-(1,1- dimethylethyl)phenoxy]methyl]oxirane, 2,2’-[1,6- hexanediylbis(oxymethylene)]bis[oxirane], 4,4’-(1- methylethylidene)bis[phenol], alkyl ether amine, and 2- [(2-methylphenoxy methyl]oxirane. P–18–0299 ...... 1 09/07/2018 CBI ...... (G) Ink additive ...... (G) Alkenoic acid, alkyl-, polymers with alkyl methacry- late, cycloalkyl methacrylate, alkylene dimethacrylate, and polyalkene glycol hydrogen sulfate [(branched alkyloxy)alkyl]-(alkenyloxy)alkyl ethers ammonium salts, metal salts. P–18–0300 ...... 1 09/10/2018 CBI ...... (S) Additive for automatic dishwashing (G) Heteromonocycle, alkenoic 1:1 salt, polymer with detergent. alpha-(2-methyl-1-oxo-2-propen-1-y)l- omegamethoxypoly(oxy-1,2-ethanediyl) and methyl- alkenoic acid. P–18–0301 ...... 1 09/10/2018 CBI ...... (G) Coating component ...... (G) Alkanedioic acid, polymer with cycloalkyl dimethanol, alkyl and cycloalkyl diisocyanates, dimethyl-alkanediol, dihydroxyalkanoic acid methylenebis[isocyanatocyclohexane, hydroxyethyl acrylate- and polyalkyl glycol monoalkyl ether blocked. P–18–0302 ...... 1 09/10/2018 CBI ...... (G) Chemical intermediate ...... (S) D-glucaric acid, ammonium salt (1:1). P–18–0303 ...... 1 09/10/2018 CBI ...... (G) UV curable oligomer ...... (G) 2-propenoic acid, polymer with aliphatic cyclic epox- ide. P–18–0303A ..... 2 09/21/2018 CBI ...... (G) UV curable oligomer ...... (G) 2-propenoic acid, polymer with aliphatic cyclic epox- ide. P–18–0304 ...... 1 09/11/2018 CBI ...... (G) An ingredient used in the manu- (G) Sulfonium, bis(dihalocarbomonocycle) facture of photoresist. carbomonocycle, salt with substituted heteropolycycle dihalo sulfoalkanoate (1:1). P–18–0305 ...... 1 09/12/2018 CBI ...... (G) Component of ink ...... (G) Alkenoic acid, alkyl-,alkyl ester, polymer with alkyl alkenoate, substituted heteromonocycycle, substituted carbomonocycle, substituted alkanediol and alkenoic acid, alkali metal salt. P–18–0306 ...... 1 09/13/2018 Allnex USA, Inc .... (S) Protective coating for flatbed and (S) 2-propenoic acid, 2-methyl-, 2-hydroxyethyl ester, pickup truck liners. polymer with butyl 2-propenoate, ethenylbenzene and 2-oxiranylmethyl 2-methyl-2-propenoate. P–18–0307 ...... 1 09/14/2018 CBI ...... (G) Binder resin in coatings ...... (G) Alkyl alkenoic acid, alkyl ester, telomer with alkyl alkenoate, substituted alkyl alkyl alkenoate, alkylthiol, substituted carbomonocycle, hydroxyalkyl alkyl alkenoate and alkyl alkyl alkenoate. P–18–0308 ...... 2 09/18/2018 CBI ...... (G) Additive for engineering plastics .. (G) Bis[(hydroxyalkoxy)aryl]carbopolycyclic. P–18–0310 ...... 1 09/18/2018 Chitec Technology (G) Polymer additive ...... (S) Benzenepropanoic acid, 3-(2h-benzotriazol-2-yl)-5- Co., Ltd. (1,1-dimethylethyl)-4-hydroxy-, 2,2- bis(hydroxymethyl)butyl ester. P–18–0311 ...... 1 09/19/2018 CBI ...... (G) A component of material for fab- (G) Triarylsulfonium substituted rication. oxatricycloalkyloxycarbonyl dihalo alkane sulfonate. P–18–0312 ...... 1 09/20/2018 CBI ...... (G) Dispersing agent ...... (G) Formaldehyde, polymer with 2-phenoxyalkanol and .alpha.-phenyl-.omega. hydroxypoly(oxy-1,2- alkylnediyl), dihydrogen phosphate 2-phenoxyalkyl hy- drogen phosphate, alkaline salt.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0313 ...... 2 09/26/2018 Ashland, Inc ...... (G) Adhesive ...... (G) Alkoxylated glycol ether with 1,2-propanediol, reac- tion products with alkyl alcohol blocked 1,1′- methylenebis [4-isocyanatobenzene] homopolymer and 1,1′-methylenebis [4-isocyanatobenzene]. P–18–0314 ...... 1 09/20/2018 CBI ...... (G) A component of material for fab- (G) Substituted triarylsulfonium carbopolycyclic rication. heteromonocyclic dihalo sulfoacetate. P–18–0315 ...... 1 09/20/2018 CBI ...... (G) A component of material for fab- (G) Substituted triarylsulfonium substituted rication. carbopolycyclic carboxylate. P–18–0316 ...... 1 09/20/2018 CBI ...... (G) An ingredient used in the manu- (G) Heteropolycycle, alkylaromatic-, salt with dihalo-sub- facture of photoresist. stituted alkyl carbopolycycle carboxylate. P–18–0317 ...... 1 09/20/2018 CBI ...... (G) An ingredient used in photoresist (G) Sulfonium, alkanoyl substituted carbomonocyclic aro- manufacture. matic]diaromatic-, trihalotris(polyhaloalkyl)phosphate(1- ) (1:1). P–18–0318 ...... 1 09/20/2018 Gelest ...... (S) Research (S) Surface treatment (S) 1-octadecanaminium, n,n-dimethyl-n-[3- for added lubricity and anti-static (triethoxysilyl)propyl]- chloride. properties. P–18–0319 ...... 1 09/20/2018 CBI ...... (G) Intermediate for manufacture of (G) Plant oil fatty acids, alkyl esters. plasticizer. P–18–0320 ...... 1 09/21/2018 CBI ...... (G) Hardner ...... (G) Alkane, diisocyanato-(isocyanatoalkyl)-. P–18–0321 ...... 1 09/21/2018 CBI ...... (G) Intermediate for use in chemical (G) Poly(oxy-ethanediyl), (methyl ethanediyl)bis[hydroxy-. manufacture. P–18–0322 ...... 1 09/21/2018 CBI ...... (G) The notified substance is used as (G) Heteromonocycle, 4,6-dimethyl-2-(1-phenylethyl)-. a fragrance ingredient in consumer products. P–18–0322 ...... 3 09/28/2018 CBI ...... (G) The notified substance is used as (G) Heteromonocycle, 4,6-dimethyl-2-(1-phenylethyl)-. a fragrance ingredient in consumer products. P–18–0323 ...... 1 09/21/2018 Kuraray America, (G) Raw material for polymer manu- (S) 2-propenoic acid, 2-methyl-, 3-methyl-3-buten-1-yl Inc. facturing. ester. P–18–0324 ...... 2 09/25/2018 CBI ...... (S) Resin/binder in paint formulations (G) Organic acid dimethyl ester, polymer with mixed for industrial and architectural appli- alkanediols and 5-isocyanato-1-(isocyanatomethyl)- cations. 1,3,3-trimethylcyclohexane, trimethoxysilylalkylalkanamine-blocked. P–18–0325 ...... 1 09/24/2018 Allnex USA, Inc .... (S) Industrial crosslinking catalyst ...... (G) Benzenesulfonic acid, alkyl-, compd. with 1,1′- iminobis[2-propanol] (1:1). P–18–0327 ...... 3 09/26/2018 CBI ...... (G) Filler for non-dispersive resins ..... (G) Mixed metal oxide. P–18–0328 ...... 1 09/25/2018 CBI ...... (G) Chemical intermediate for the (G) Plant oil fatty acids, alkyl esters. manufacture of plasticizer. P–18–0329 ...... 1 09/25/2018 CBI ...... (G) Component of lenses used in (G) Substituted carbopolycyclic dicarboxylic acid dialkyl electronic applications. ester, polymer with alkanediol and carbopolycyclic bis (substituted carbopolycycle) bisalkanol. P–18–0330 ...... 1 09/25/2018 CBI ...... (G) Initiator ...... (G) Formaldehyde, polymer with alkyl aryl ketone. P–18–0331 ...... 1 09/25/2018 Evonik Corporation (S) Substrate wetting and anti- (S) Siloxanes and silicones, di-me, 3-(4-hydroxy-3- cratering additive for inks. methoxyphenyl)propyl me, ethoxylated propoxylated. P–18–0332 ...... 1 09/25/2018 CBI ...... (G) A component in building materials (S) Canola meal. P–18–0333 ...... 1 09/25/2018 CBI ...... (G) A component in building materials (S) Flaxseed meal. P–18–0334 ...... 1 09/26/2018 Sirrus, Inc ...... (S) Intermediate use ...... (S) Propanedioic acid, 1,3-dihexyl ester. P–18–0335 ...... 1 09/26/2018 Sirrus, Inc ...... (S) Intermediate use ...... (S) Propanedioic acid, 1,3-dicyclohexyl ester. P–18–0336 ...... 1 09/26/2018 Sirrus, Inc ...... (S) Intermediate use ...... (S) Propanedioic acid, 2,2-bis(hydroxymethyl)-, 1,3- dihexyl ester. P–18–0337 ...... 1 09/26/2018 Sirrus, Inc ...... (S) Intermediate use ...... (S) Propanedioic acid, 2,2-bis(hydroxymethyl)-, 1,3- dicyclohexyl ester. P–18–0338 ...... 1 09/26/2018 CBI ...... (G) An ingredient used in the manu- (G) Sulfonium, triaryl-, salt with polyhalo-4-sulfoalkyl facture of photoresist. polycarbocyclic alkane-1-carboxylate (1:1). P–18–0339 ...... 1 09/26/2018 Hitachi America, (S) The PMN substance is the immo- (G) Alkyl heteromonocycle with heteroatom substituted Ltd. bilizing agent for the microbial pro- alkyl cycloalkane and 2-hydroxyethyl heteromonocycle moter of nitrogen decomposition. methacrylate-blocked homopolymer. P–18–0340 ...... 1 09/26/2018 Lanxess Solutions (S) One component thermoset elas- (S) Poly(oxy-1,4-butanediyl), ¿-hydro-¿-hydroxy-, polymer US, Inc. tomer manufacture. with hexahydro-2h-azepin-2-one and 1,1′- methylenebis[4-isocyanatobenzene]. P–18–0345 ...... 1 09/26/2018 Chitec Technology (S) R-gen 990 is a liquid (S) 1-butanone, 2-(dimethylamino)-1-[4-(2-ethyl-2-methyl- Co., Ltd. aminoketone-based photoinitator 3-oxazolidinyl)phenyl]-2-(phenylmethyl)- (PI) intended for use as an ultra- violet (UV) curing agent in highly pigmented inks, photo-resists, and masks. P–18–0346 ...... 2 09/29/2018 Chitec Technology (S) Antioxidant compounded into var- (S) 2,4,8,10-tetraoxa-3,9-diphosphaspiro[5.5]undecane, Co., Ltd. ious polymers to be used in extru- 3,9-bis-[2-(1-methyl-1-phenylethyl)-4-(1,1,3,3- sion processes to fabricate articles. tetramethylbutyl)phenoxy]-. P–18–0347 ...... 1 09/27/2018 Evonik Corporation (S) Aldehyde scavenger for the manu- (S) Amines, polyethylenepoly-, triethylenetetramine frac- facture of polyurethane foams. tion, polymers with guanidine hydrochloride (1:1). P–18–0348 ...... 1 09/27/2018 Lanxess Solutions (S) Thermoplastic elastomer manufac- (S) Ethanol, 2,2’-[1,4-phenylenebis(oxy)]bis-, polymer US, Inc. ture/Injection Moulding. with 1,6-diisocyanatohexane and ¿-hydro-¿- hydroxypoly(oxy-1,4-butanediyl). P–18–0349 ...... 1 09/27/2018 Lanxess Solutions (S) Two component adhesives and (S) 1,2,3-propanetriol, polymer with 2,4-diisocyanato-1- US, Inc. protective coatings for marine, infra- methylbenzene, methyloxirane and oxirane, structure, etc.. nonylphenol blocked P–18–0350 ...... 1 09/27/2018 Evonik Corporation (S) Filler & pigment treatment, (S) Ad- (G) Aqueous methacrylamido modified polysiloxane. ditive in water-borne UV-curable coatings, (S) Glass fiber treatment.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0351 ...... 1 09/27/2018 CBI ...... (G) UV curable inks ...... (G) Acrylic acid, tricyclo alkyl ester. P–18–0352 ...... 1 09/27/2018 3M Company ...... (G) Gap filler ...... (G) Poly(hetero(alkyl-1,2-alkenyl)], alpha-[[[3-(1- heteromonocycle)alkyl)substituted heteroatom]heteroatom-substituted alkyl]]-omega- [[[[3- (1-heteromonocycle)alkyl]]substituted heteroatom] heteroatom-substituted alkyl]]heteroatom]-. P–18–0353 ...... 1 09/27/2018 CBI ...... (G) Adhesive ...... (G) Phenolic resin, alkali, polymer with acetone-phenol reaction products, formaldehyde and phenol, sodium salts. P–18–0354 ...... 1 09/27/2018 CBI ...... (G) Adhesive ...... (G) Phenolic resin, alkali, polymer with acetone-phenol reaction products, formaldehyde and phenol, potas- sium salts. P–18–0355 ...... 1 09/27/2018 CBI ...... (G) Paint ...... (G) Alkanediol, substituted alkyl, polymer with carbomonocyle, alkanedioate substituted carbomonocycle, ester with substituted alkanoate. P–18–0356 ...... 1 09/27/2018 CBI ...... (G) Adhesive ...... (G) Sulfonated phenolic resin salt, polymer with acetone- phenol reactioin products, formaldehyde and phenol, sodium salt. P–18–0357 ...... 1 09/27/2018 CBI ...... (G) Adhesive ...... (G) Sulfonated phenolic resin salt, polymer with acetone- phenol reactioin products, formaldehyde and phenol, potassium salt. P–18–0358 ...... 1 09/27/2018 Shikoku Inter- (S) Industrial Adhesive for Electronics, (S) 1h-imidazole-1-propanenitrile,2-ethyl-ar-methyl-. national Cor- (S) Carbon Fiber Reinforced Plas- poration. tics (CFRP) Prepreg. P–18–0359 ...... 1 09/28/2018 CBI ...... (G) Molded or extruded items ...... (G) Methoxy vinyl ether- vinylidene fluoride polymer. P–18–0360 ...... 1 09/28/2018 Lanxess Solutions (S) Two component adhesives and (S) Oxirane, 2-methyl-, polymer with 2,4-diisocyanato-1- US, Inc. protective coatings for marine, infra- methylbenzene, 2-methyloxirane polymer with oxirane structure, etc. ether with 1,2,3-propanetriol (3:1), and oxirane, cash- ew nutshell liq.- and pr alc. -blocked. P–18–0361 ...... 1 09/28/2018 Lanxess Solutions (S) Electrophoretic paint ...... (S) Hexane, 1,6-diisocyanato-, homopolymer, 2,2-di- US, Inc. methyl-3-hydroxypropanoic acid- and 3,5-dimethyl-1H- pyrazole-blocked. P–18–0362 ...... 1 09/28/2018 Lanxess Solutions (S) Corrosion protection coatings ...... (S) 1,3-propanediol, 2-ethyl-2-(hydroxymethyl)-, polymer US, Inc. with 2,4-diisocyanato-1-methylbenzene, alpha-hydro- omega-hydroxypoly[oxy(methyl-1,2-ethanediyl)] and alpha,alpha′,alpha″-1,2,3-propanetriyltris[omega- hydroxypoly[oxy(methyl-1,2-ethanediyl)]], me et ketone oxime -blocked. P–18–0363 ...... 1 09/28/2018 CBI ...... (G) Adhesive ...... (G) Phenol, polymer with formaldehyde, 5-methyl-1,3- benzenediol-terminated,sodium salts. P–18–0364 ...... 1 09/28/2018 ONA Polymers ..... (G) Industrial quality control additive .. (G) Alkali humates, polymers with substituted acrylamides. P–18–0369 ...... 1 09/28/2018 CBI ...... (G) Processing aid ...... (G) Maleic anhydride—substituted alkene copolymer. P–18–0370 ...... 1 09/28/2018 CBI ...... (G) Processing aid ...... (G) Salt of a maleic anhydride and substituted alkene co- polymer. P–18–0371 ...... 1 09/28/2018 CBI ...... (G) Processing aid ...... (G) Salt of a maleic anhydride—substituted alkene co- polymer. P–18–0379 ...... 1 09/28/2018 Cardolite Corpora- (G) Hardener for waterborne epoxy (G) Cashew nutshell liquid polymer with epichlorohydrin, tion. system. formaldehyde, phenol, amines and glycol. P–18–0381 ...... 1 09/28/2018 The Shepherd (G) For use in exterior paints and (S) Indium manganese yttrium oxide. Color Company. plastics, (G) for use in coatings, (G) for use in high temperature engi- neering polymers, (G) for use in art- ist materials. P–18–0382 ...... 1 09/28/2018 CBI ...... (G) Dye for printing ink ...... (G) Xanthylium, bis[dicarboxycyclic]sulfonylamino- alkylcyclicamino-disulfo-sulfocyclic-, inner salt, monocationic salt. P–18–0383 ...... 1 09/28/2018 CBI ...... (G) Coatings and inks for commercial (G) Dialkyl-alkanediamine, polymer with [(oxo-alke- use. nyl)oxy]poly(oxy-alkanediyl)ether with bis(hydroxyalkyl)- alkanediol. P–18–0384 ...... 1 09/28/2018 Sigma-Aldrich CO (S) Starting material for manufacture (S) Lithium 6. LLC. of 6Lithium chloride scintillation crystals for use in radiation detec- tion. P–18–0386 ...... 1 09/28/2018 CBI ...... (G) Electronic use ...... (G) Alkylalkenyldicyclohexane. P–18–0387 ...... 1 09/28/2018 CBI ...... (G) Plastic Additive ...... (G) Alkanal, reaction products with alkanediyl bis[alkyl- tris(alkyl-heterocycle)-1,3,5-triazine-2,4,6-triamine and hydrogen peroxide. P–18–0388 ...... 1 09/28/2018 CBI ...... (G) Plastic additive ...... (G) 1,3,5-triazine-2,4,6-triamine, alkanediyl bis[alkyl- tris(alkyl-heterocycle)-, allyl derivs., oxidized, hydro- genated. P–18–0389 ...... 1 09/28/2018 CBI ...... (G) Component in package coatings .. (G) Alkenoic acid, alkyl-substituted, epoxy ester, polymer with alkyl alkenoate, alkene, and polylactide. P–18–0390 ...... 1 09/28/2018 CBI ...... (S) Lubricant additive for engine oils, (G) Formaldehyde, reaction products with diphenylamine, industrial oils and greases. heteromonocycle and alkene. P–18–0391 ...... 1 09/28/2018 Colonial Chemical, (S) Liquid Laundry Detergent ...... (S) 1-propanaminium, n-(carboxymethyl)-n, n-dimethyl-3- Inc. [(3,5, 5-trimethyl-1-oxohexyl), amino]- inner salt.

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TABLE I—PMN/SNUN/MCANS RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Received Case No. Version date Manufacturer Use Chemical substance

P–18–0393 ...... 1 09/28/2018 CBI ...... (G) Paint ...... (G) Alkenoic acid, alkyl, alkyl ester, polymer with alkyl propenoate, vinyl carbomonocyle, substituted alkyl propenoate, alkyl 2-alkyl 2-propenoate, alkanediol mono(2-alkyl-2-propenoate) and bicarbomonocylo alkyl 2-alkyl-2-alkenoate, tertiary alkyl substituted alkane peroxoate initiated. P–18–0394 ...... 1 09/28/2018 CBI ...... (G) Chemical Intermediate ...... (G) Substituted benzylic ether polyethylene glycol alkyl ether derivative. P–18–0395 ...... 1 09/28/2018 Shell Chemical, LP (S) Intermediate for manufacturing a (S) Alkenes, c17–25, branched and linear. chemical for use in enhanced oil re- covery operations. P–18–0396 ...... 1 09/28/2018 CBI ...... (G) Paint ...... (G) Alkenoic acid, alkyl, polymer with carbomonocyle alkyl propenoate and substituted alkyl alkenoate, ester with substituted alkyl alkanoate, tert-butyl substituted peroxoate-initiated. P–18–0397 ...... 1 09/29/2018 CBI ...... (G) Additive in oil field chemicals ...... (G) Substituted alkanedioic acid, polymer with substituted alkanoic acid. P–18–0398 ...... 1 09/29/2018 CBI ...... (S) Intermediate ...... (S) 1,2-ethanediamine, n-(1-methylethyl)-n-[2-[(1- methylethyl)amino]ethyl]-. P–18–0399 ...... 1 09/29/2018 CBI ...... (G) (c) Open, non-dispersive use ad- (G) Rosin adduct ester neutralized with amine. ditive for industrial use only. P–18–0400 ...... 1 09/29/2018 CBI ...... (G) Open, non-dispersive use, addi- (G) Rosin adduct ester, neutralized with koh. tive for textile industry. P–18–0401 ...... 1 09/29/2018 CBI ...... (G) Additive ...... (S) Glycerides, c16–18 and ci8-unsatd. mono- and di-, citrates. P–18–0402 ...... 1 09/29/2018 CBI ...... (G) Fuel additive ...... (G) Phenol, alkanepolyolbis(heteroalkylene)bis-, polyalkylene derivs.. SN–16–0013A .. 2 09/27/2018 CBI ...... (G) Surfactant ...... (G) Polyfluorinated alkyl quaternary ammonium chloride. SN–18–0005A .. 2 09/28/2018 CBI ...... (G) Monomer for industrial adhesives, (S) Butanoic acid, 3-mercapto-, 1,1′-[2-(hydroxymethyl)- coatings and inks. 2-[(3-mercapto-1-oxobutoxy)methyl]-1,3-propanediyl] ester]; (S) Butanoic acid, 3-mercapto-,1,1′-[2,2-bis[(3- mercapto-1-oxobutoxy)methyl]-1,3-propanediyl] ester. SN–18–0006A .. 2 09/20/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-propen- Inc. dry, home care and industrial clean- 1-yl)-.omega.-hydroxy-, c10–16-alkyl ethers. ing. SN–18–0007A .. 2 09/20/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), ¿-(2-methyl-2-propen-1-yl)- Inc. dry, home care and industrial clean- ¿-hydroxy-, c12–16-alkyl ethers. ing. SN–18–0008A .. 2 09/20/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-propen- Inc. dry, home care and industrial clean- 1-yl)-.omega.-hydroxy-, c12–15-alkyl ethers. ing. SN–18–0010 .... 1 09/27/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-propen- Inc. dry, home care and industrial clean- 1-yl)-.omega.-hydroxy-, c10–16-alkyl ethers. ing. SN–18–0011 .... 1 09/27/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), ¿-(2-methyl-2-propen-1-yl)- Inc. dry, home care and industrial clean- ¿-hydroxy-, c12–16-alkyl ethers. ing. SN–18–0012 .... 1 09/27/2018 Colonial Chemical, (S) Wetting agent for low foam laun- (S) Poly(oxy-1,2-ethanediyl), .alpha.-(2-methyl-2-propen- Inc. dry, home care and industrial clean- 1-yl)-.omega.-hydroxy-, c12–15-alkyl ethers. ing. SN–18–0013 .... 1 09/28/2018 CBI ...... (G) Lithiated metal oxide for batteries (G) Lithiated metal oxide. SN–18–0014 .... 1 09/29/2018 Hexion, Inc ...... (S) Reactive monomer for the produc- (S) Neononanoic acid, ethenyl ester. tion of inks, in both aqueous and waterborne systems, (S) Reactive monomer for the production of paints and coatings, in both aque- ous and solvent systems, (S) Reac- tive monomer for the production of adhesives, in both aqueous and waterborne systems..

In Table II of this unit, EPA provides during this period: The EPA case the TME, the submitting manufacturer/ the following information (to the extent number assigned to the TME, the date importer, the potential uses identified that such information is not claimed as the TME was received by EPA, the by the manufacturer/importer in the CBI) on the TMEs received by EPA projected end date for EPA’s review of TME, and the chemical identity.

TABLE II—TMES RECEIVED FROM 9/1/2018 TO 9/30/2018

Received Case No. Submission type Version date Manufacturer Use Chemical substance

T–18–0003A ... Test Marketing Exemption 3 09/06/2018 CBI ...... (G) Additive .... (G) Alkylated diphenylamines, Application (TMEA). homopolymers.

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In Table III. of this unit, EPA provides number assigned to the NOC including submitter in the NOC, a notation of the the following information (to the extent whether the submission was an initial type of amendment (e.g., amendment to that such information is not claimed as or amended submission, the date the generic name, specific name, technical CBI) on the NOCs received by EPA NOC was received by EPA, the date of contact information, etc.) and chemical during this period: The EPA case commencement provided by the substance identity.

TABLE III—NOCS RECEIVED FROM 9/1/2018 TO 9/30/2018

Commence- Case No. Received date ment If amendment, type of amendment Chemical substance date

J–15–0024 ... 09/24/2018 09/05/2018 ...... (G) Modified trichoderma reesei. J–16–0010A 09/24/2018 09/23/2016 Update CBI substantiation ...... (G) Genetically modified saccharomyces yeast. J–16–0019 ... 09/24/2018 09/11/2018 ...... (G) Modified trichoderma reesei. J–16–0020 ... 09/24/2018 09/05/2018 ...... (G) Modified trichoderma reesei. J–16–0025 ... 09/24/2018 09/11/2018 ...... (G) Modified trichoderma reesei. J–17–0001 ... 09/11/2018 09/05/2018 ...... (G) Modified saccharomyces cerevisiae. J–17–0004 ... 09/07/2018 09/05/2018 ...... (G) Modified saccharomyces cerevisiae. P–11–0432 ... 09/26/2018 09/10/2018 ...... (S) Tricyclo[7.3.3.15,11]heptasiloxane-3,7,14- triol,1,3,5,7,9,11,14-heptaisooctyl-, stereoisomer. P–13–0051 ... 09/06/2018 09/06/2018 ...... (G) Fatty acid amide. P–14–0015 ... 09/06/2018 09/06/2018 ...... (G) Fatty acid amide. P–14–0098A 09/18/2018 10/15/2016 Re-substantiating all CBI claims to (G) Polyalkylene polymer, anhydride reaction prod- comply with the Chemical Safety for ucts, imidated. the 21st Century Act. P–14–0269A 09/07/2018 06/09/2014 The cover letter has been amended to (S) Methanone, bis(4-fluorophenyl)-, polymer with clarify certain language which was 1,4-benzenediol and [1,1′—biphenyl]-4,4′-diol. unintentionally misleading. P–14–0347 ... 09/27/2018 09/13/2018 ...... (G) Isocyanic acid, polymethylenepolyphenylene ester, polymer with .alpha.-hydro-.omega.- hydroxypolyether and .alpha., alpha.′- [(alkylimino)di-2,1-ethanediyl]bis[.omega.- hydroxypolyether], acetate (salt) sulfamate (salt). P–14–0496 ... 09/24/2018 09/13/2018 ...... (G) Polyphosphoric acids, 2-[(alkyl1-oxo-2-propen-1- yl)oxy]ethyl esters, compds. with n- (aminoiminomethyl)urea, polymers with bu acry- late, n-(hydroxymethyl)-propenamide and styrene. P–15–0150 ... 09/20/2018 09/20/2018 ...... (G) Cyclohexanedicarboxylic acid, dialkyl ester. P–16–0117A 09/25/2018 10/21/2016 Amending the form to include CBI sub- (S) Magnesium hydroxide hypochlorite oxide. stantiation, in response to a notice of deficiency, and adding the CASRN to the NOC. P–16–0331 ... 09/13/2018 09/10/2018 ...... (G) Hydroxy functional triglyceride polymer with glycerol mono-ester and 1,1′- methylenebis[isocyanatobenzene]. P–17–0007 ... 09/27/2018 09/20/2018 ...... (G) Alkyl substituted-dioxa thio substituted-ether diene,. P–17–0049 ... 09/11/2018 08/17/2018 ...... (G) Haloalkyl substituted carbomonocycle. P–17–0172 ... 09/18/2018 09/13/2018 ...... (G) Branched alkylphenol, sulfurized, calcium salts, overbased. P–18–0051 ... 09/06/2018 09/06/2018 ...... (G) Alkenoic acid, reaction products with [oxybis(alkylene)]bis[(substituted alkyl)-alkanediol], polymers with isocyanatoalkane and substituted alkanoic acid, substituted monoacrylate alkanoate-blocked. P–18–0142 ... 09/27/2018 09/23/2018 ...... (G) Alkenoic acid, alkyl-, alkyl ester, polymer with substituted alkenoates, alkenoic acid, alkyl peroxoate-initiated. P–87–0910 ... 09/07/2018 04/14/2009 ...... (S) 2-cyclopentene-1-acetic acid, alpha allyl, ethyl ester*.

In Table IV. of this unit, EPA provides by EPA during this time period: The type of test information submitted, and the following information (to the extent EPA case number assigned to the test chemical substance identity. such information is not subject to a CBI information; the date the test claim) on the test information received information was received by EPA, the

TABLE IV—TEST INFORMATION RECEIVED FROM 9/1/2018 TO 9/30/2018

Case No. Received date Type of test information Chemical substance

P–15–0583 .... 9/7/2018 Bioaccumulation in Fish: Aqueous and (G) butanedioic acid, alkyl amine, dimethylbutyl ester. Dietary Exposure (OECD 305).

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TABLE IV—TEST INFORMATION RECEIVED FROM 9/1/2018 TO 9/30/2018—Continued

Case No. Received date Type of test information Chemical substance

P–17–0283 .... 9/11/2018 Local Lymph Node Assay in Mice (G) Arenesulfonic acid, alkyl derivatives, metal salts. (LLNA) (OECD 406). P–18–0094 .... 9/11/2018 Particle size analysis ...... (G) pentacyclo[9.5.1.13,9.15,15.17,13]octasiloxanealkylsubstituted, 3,5,7,9,11,13,15-heptakis(polyfluoroalkyl)-. P–18–0140 .... 9/9/2018 In Vitro Mammalian Chromosome Aber- (G) methyl modified lactam. ration Test (OECD 473), Skin sen- sitization (DEREK modeling), Fish Acute Toxicity Study (OECD 203), Activated Sludge, Respiration Inhibi- tion Test (Carbon and Ammonium Oxidation) (OECD 209), Validation of Analytical Procedures: Text and Methodology (ICH Harmonised Tri- partite Guideline Q2). P–18–0141 .... 9/9/2018 In Vitro Mammalian Chromosome Aber- (G) ethyl modified lactam. ration Test (OECD 473), ‘‘Activated Sludge, Respiration Inhibition Test (Carbon and Ammonium Oxidation) (OECD 209), Skin sensitization (DEREK modeling). P–18–0150 .... 9/12/2018 Developmental Toxicity Study in Rats (G) tertiary amine, compounds with amino sulfonic acid blocked ali- After Inhalation. phatic isocyanate homopolymer.

If you are interested in information accordance with the Paperwork FOR FURTHER INFORMATION CONTACT: that is not included in these tables, you Reduction Act. This is a proposed Javier Araujo, Office of the may contact EPA’s technical extension of the ICR, which is currently Administrator, Office of Environmental information contact or general approved through March 31, 2019. Education, MC–1704–A, Environmental information contact as described under Public comments were previously Protection Agency, Environmental FOR FURTHER INFORMATION CONTACT to requested via the Federal Register on Protection Agency, 1200 Pennsylvania access additional non-CBI information December 21, 2018 during a 60-day Ave. NW, Washington, DC 20460; that may be available. comment period. This notice allows for telephone number: 202–564–2642; fax Authority: 15 U.S.C. 2601 et seq. an additional 30 days for public number: 202–564–2753; email address: comments. A fuller description of the [email protected]. Dated: March 14, 2019. ICR is given below, including its SUPPLEMENTARY INFORMATION: Pamela Myrick, estimated burden and cost to the public. Supporting documents, which explain Director, Information Management Division, An agency may not conduct, or sponsor in detail the information that the EPA, Office of Pollution Prevention and Toxics. and a person is not required to respond will be collecting are available in the [FR Doc. 2019–05376 Filed 3–20–19; 8:45 am] to a collection of information unless it public docket for this ICR. The docket BILLING CODE 6560–50–P displays a currently valid OMB control can be viewed online at number. www.regulations.gov or in person at the EPA Docket Center, WJC West, Room ENVIRONMENTAL PROTECTION DATES: Additional comments may be 3334, 1301 Constitution Ave. NW, AGENCY submitted on or before April 22, 2019. Washington, DC. The telephone number [EPA–HQ–OA–2018–0553; FRL–9990–64– ADDRESSES: Submit your comments, for the Docket Center is 202–566–1744. OEI] referencing Docket ID Number EPA- For additional information about EPA’s HQ–OA–2018–0553, to (1) EPA online public docket, visit http://www.epa.gov/ Information Collection Request using www.regulations.gov (our dockets. Submitted to OMB for Review and preferred method), by email to Abstract: The purpose of this Approval; Comment Request; CEQ– [email protected], or by mail to: EPA information collection request is to EPA Presidential Innovation Award for Docket Center, Environmental collect information from applicants to Environmental Educators Application Protection Agency, Mail Code 28221T, select recipients for the Presidential (Renewal) 1200 Pennsylvania Ave. NW, Innovation Award for Environmental Washington, DC 20460, and (2) OMB via Educators program. The Environmental AGENCY: Environmental Protection _ Agency (EPA). email to oira [email protected]. Protection Agency (EPA), in conjunction Address comments to OMB Desk Officer ACTION: Notice. with the White House Council on for EPA. Environmental Quality (CEQ), SUMMARY: The Environmental Protection EPA’s policy is that all comments established the award program to meet Agency (EPA) has submitted an received will be included in the public the requirements of Section 8 (e) of the information collection request (ICR), docket without change including any National Environmental Education Act CEQ–EPA Presidential Innovation personal information provided, unless (20 U.S.C. 5507(e)). Teachers can Award for Environmental Educators the comment includes profanity, threats, participate by completing and Application (EPA ICR Number 2524.02, information claimed to be Confidential submitting the application form. OMB Control Number 2090–0031), to Business Information (CBI) or other Information collected includes the Office of Management and Budget information whose disclosure is background about the teacher and his/ (OMB) for review and approval in restricted by statute. her experience, completed essay

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responses, sample teaching materials, SUMMARY: EPA has authorized its information about the docket available and recommendations from a student, contractor and subcontractors, Syracuse at http://www.epa.gov/dockets. principal, and fellow teacher. The Research Corporation (SRC) of East information collected under this ICR Syracuse, New York; BeakerTree II. What action is the Agency taking? will continuously help EPA and CEQ to Corporation of Arlington, VA; Eastern Under EPA contract number select the top awardees for the Research Group (ERG) of Chantilly, VA; (68HERH19D0022) contractor and Presidential Innovation Award for Essential Software Inc. of Potomac, MD; subcontractors SRC of 5010 Environmental Educators (PIAEE). The and Versar Inc. of Springfield, VA, to Campuswood Drive, East Syracuse, NY; selected winners will benefit from small access information which has been BeakerTree Corporation of 2451 Crystal cash prizes, which will help them to submitted to EPA under sections 4, 5, 6, Drive, Suite 475, Arlington, VA; Eastern continue their mission of advancing 8, and 21 of the Toxic Substances innovative approaches to environmental Control Act (TSCA). Some of the Research Group ERG of 14555 Avion education to grades K–12. information may be claimed or Pkwy., Chantilly, VA; Essential Form Numbers: None. determined to be Confidential Business Software Inc. of 9024 Mistwood Drive, Respondents/affected entities: K–12 Information (CBI). Potomac, MD; and Versar Inc. of 6850 teachers who teach on a full-time basis Versar Center, Springfield, VA will DATES: Access to the confidential data in a public school that is operated by a will occur no sooner than March 28, assist the Office of Pollution Prevention local education agency, including 2019. and Toxics (OPPT) by providing support schools funded by the Bureau of Indian in scientific health and environmental Affairs. For this program, a local FOR FURTHER INFORMATION CONTACT: For assessments; risk management education agency is one as defined by technical information contact: Recie evaluations; maintenance and section 198 of the Elementary and Reese, Environmental Assistance enhancement of scientific tools and Division (7408M), Office of Pollution Secondary Education Act of 1965 (now models; and document processing for Prevention and Toxics, Environmental codified at 20 U.S.C. 7801(260). new and existing chemicals and Protection Agency, 1200 Pennsylvania Respondent’s obligation to respond: products of biotechnology and Required to obtain information from the Ave. NW, Washington, DC 20460–0001; nanotechnology under TSCA. applicants for Presidential Innovation telephone number: (202) 564–8276; Award for Environmental Educators and email address: [email protected]. In accordance with 40 CFR 2.306(j), assess certain aspects of the PIAEE For general information contact: The EPA has determined that under EPA program as established under Section 8 TSCA-Hotline, ABVI-Goodwill, 422 contract number (68HERH19D0022), (e) of the National Environmental South Clinton Ave., Rochester, NY SRC and its subcontractors will require Education Act (20 U.S.C. 5507(e)). 14620; telephone number: (202) 554– access to CBI submitted to EPA under Estimated number of respondents: 75 1404; email address: TSCA-Hotline@ sections 4, 5, 6, 8, and 21 of TSCA to (total). epa.gov. perform successfully the duties Frequency of response: Annually. SUPPLEMENTARY INFORMATION: specified under the contract. SRC and Total estimated burden: 10 hours (per its subcontractors will be given access to year). Burden is defined at 5 CFR I. General Information information submitted to EPA under 1320.03(b). sections 4, 5, 6, 8, and 21 of TSCA. Total estimated cost: $32,250 (per A. Does this action apply to me? year), includes $14,191 annualized This action is directed to the public Some of the information may be claimed capital or operation & maintenance in general. This action may, however, be or determined to be CBI. costs. of interest to all who manufacture, EPA is issuing this notice to inform Changes in the Estimates: We expect process, or distribute industrial all submitters of information under that after adjusting the burden numbers chemicals. Since other entities may also sections 4, 5, 6, 8, and 21 of TSCA that that the burden numbers will be interested, the Agency has not EPA may provide SRC and its substantially stay the same. Program attempted to describe all the specific subcontractors access to these CBI requirements are expected to stay the entities that may be affected by this materials on a need-to-know basis only. same and the estimates currently action. All access to TSCA CBI under this consider the use of technology to B. How can I get copies of this document contract will take place at EPA complete the application. and other related information? Headquarters; SRC’s sites located in Arlington, VA and East Syracuse, NY; Courtney Kerwin, The docket for this action, identified ERG’s site located in Chantilly, VA; and Director, Regulatory Support Division. by docket identification (ID) number Versar’s site located in Springfield, VA, [FR Doc. 2019–05314 Filed 3–20–19; 8:45 am] EPA–HQ–OPPT–2003–0004, is available in accordance with EPA’s TSCA CBI BILLING CODE 6560–50–P at http://www.regulations.gov or at the Office of Pollution Prevention and Protection Manual. Toxics Docket (OPPT Docket), Access to TSCA data, including CBI, ENVIRONMENTAL PROTECTION Environmental Protection Agency will continue until December 19, 2023. AGENCY Docket Center (EPA/DC), West William If the contract is extended, this access [EPA–HQ–OPPT–2003–0004; FRL–9989–64] Jefferson Clinton Bldg., Rm. 3334, 1301 will also continue for the duration of the Constitution Ave. NW, Washington, DC. extended contract without further Access to Confidential Business The Public Reading Room is open from notice. Information by Syracuse Research 8:30 a.m. to 4:30 p.m., Monday through SRC and its subcontractors’ personnel Corporation and Its Identified Friday, excluding legal holidays. The will be required to sign nondisclosure Subcontractors telephone number for the Public agreements and will be briefed on Reading Room is (202) 566–1744, and AGENCY: Environmental Protection appropriate security procedures before Agency (EPA). the telephone number for the OPPT Docket is (202) 566–0280. Please review they are permitted access to TSCA CBI. ACTION: Notice. the visitor instructions and additional Authority: 15 U.S.C. 2601 et seq.

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Dated: March 13, 2019. email to [email protected] or call the religious programming.4 Jordan Pamela Myrick, Consumer and Governmental Affairs presently holds a Commission license Director, Information Management Division, Bureau at (202) 418–0530 (voice), (202) for Station KEJM–LP in Carthage, Office of Pollution Prevention and Toxics. 418–0432 (TTY). Each document that is Missouri. [FR Doc. 2019–05405 Filed 3–20–19; 8:45 am] filed in this proceeding must display the 5. Jordan first applied for a BILLING CODE 6560–50–P docket number of this hearing, EB construction permit for a new LPFM Docket No. 18–239, on the front page. station on October 25, 2013, by submitting Commission Form 318 Synopsis (October 2013 Application).5 Section II, FEDERAL COMMUNICATIONS Question 3(a) of the Commission’s Form COMMISSION I. Introduction 318 asks the applicant to identify, inter 1. In the Order to Show Cause, [EB Docket No. 18–239; DA 18–834] alia, ‘‘each party to the application Hearing Designation Order, and Notice including, as applicable, the applicant, of Opportunity for Hearing, we Ministerios El Jordan Application for its officers, directors, five percent or commence a hearing proceeding before Modification for Station KEJM–LP, greater stockholders, non-insulated the Administrative Law Judge to Carthage, Missouri partners, members, and all other determine whether Ministerios El persons and entities with attributable AGENCY: Federal Communications Jordan (Jordan) is qualified to be and to interests’’ and their citizenship.6 In the Commission. remain a Commission licensee and, as a October 2013 Application, Jordan ACTION: Notice. consequence thereof, whether its license responded to Section II, Question 3(a) should be revoked, and whether its by identifying as ‘‘board members’’ with SUMMARY: In this document, the Federal pending application should be denied. an equal percentage of votes, the Communications Commission 2. As discussed more fully below, following five (5) individuals: Eliud (Commission) commences a hearing based on the totality of the evidence, Villatoro, Johana Villatoro, Timoteo proceeding to determine ultimately there are substantial and material Garcia, Marlon Fuentes, and Tomas whether Ministerios El Jordan is questions of fact as to whether (i) Jordan Calgua. In response to the citizenship qualified to be and to remain a repeatedly made misrepresentations to inquiry in Section II, Question 3(a), Commission licensee, and as a and/or lacked candor with the Jordan answered ‘‘US’’ for each of these consequence whether its license should Commission in its submission of various five individuals.7 be revoked, and whether its pending applications in connection with Low 6. On January 10, 2017, Jordan filed application should be denied. Power FM Station (LPFM) KEJM–LP; (ii) a minor modification application DATES: Petitions to intervene by parties aliens (non-United States citizens) (January 2017 Modification).8 In the desiring to participate as a party in the owned or voted more than one-fifth of January 2017 Modification, Jordan hearing, pursuant to 47 CFR 1.223, may Jordan’s capital stock in violation of notified the Commission that the be filed on or before April 22, 2019. section 310(b)(3) of the Communications transmitter site specified in the October 1 ADDRESSES: Office of the Secretary, Act of 1934, as amended (the Act); (iii) 2013 Application was unavailable. The Federal Communications Commission, Jordan failed to maintain the continuing January 2017 Modification therefore 445 12th Street, SW, Washington, DC accuracy and completeness of specified new transmitter coordinates 20554. information furnished in its still and stated that the station was ready to pending captioned application for 9 FOR FURTHER INFORMATION CONTACT: broadcast at the new coordinates. In modification of Station KEJM–LP’s response to Section II, Question 3(a), Pamela S. Kane, Investigations & technical facilities; and (iv) Jordan Hearings Division, Enforcement Bureau, Jordan again identified Eliud Villatoro, failed to respond to Commission Johana Villatoro, Timoteo Garcia, Federal Communications Commission at requests for information. (202) 418–2393. Marlon Fuentes, and Tomas Calgua as 3. We issue this Order to Show Cause, board members and again responded SUPPLEMENTARY INFORMATION: This is a Hearing Designation Order, and Notice that each was a United States citizen.10 summary of the Commission’s Order to of Opportunity for Hearing pursuant to 7. Jordan filed a modification Show Cause, Hearing Designation Order sections 309(e), 312(a)(1), 312(a)(2), application on November 20, 2017 and Notice of Opportunity for Hearing 312(a)(4), and 312(c) of the Act,2 and the (November 2017 Modification).11 In the (Order to Show Cause), EB Docket No. delegated authority of the Enforcement November 2017 Modification, Jordan 18–239; DA 18–834, adopted and Bureau (Bureau).3 released on October 11, 2018. The 4 II. Background See Missouri Nonprofit Corporation Details for complete text of this document is also Charter No. N00994664 as of June 15, 2018. https:// available for inspection and copying A. Ministerios El Jordan bsd.sos.mo.gov/BusinessEntity/Business from 8 a.m. until 4:30 p.m., Monday EntityDetail.aspx?page=beSearch&ID=2864628; see 4. Ministerios El Jordan (Jordan) is a also Articles of Incorporation of a Nonprofit through Thursday or from 8 a.m. until non-profit organization that was first Corporation for Charter No. N00994664 (filed Sept. 11:30 a.m. on Friday at the FCC incorporated in Missouri in September 8, 2009) https://bsd.sos.mo.gov/Common/ Reference Information Center, Portals II, CorrespondenceItemViewHandler.ashx?IsTIFF=true 2009, and, as described in its first Room CY–A257, 445 12th Street SW, &filedDocumentid=6437643&version=1; File No. application with the Commission, BNPL–20131025ACN, at Exh. 2 (filed Oct. 25, 2013) Washington, DC 20554. The complete desires to serve God, the nation, and the (October 2013 Application). text of this document is also available 5 people of Carthage, Missouri, by See October 2013 Application. on the internet at the Commission’s 6 providing educational family October 2013 Application at Section II, Question website through its Electronic 3(a). counseling, sermons, and Christian 7 Document Management System See id. music through live and recorded 8 (EDOCS) at http://hraunfoss.fcc.gov/ See File No. BMPL–20170110AAI (filed Jan. 10, _ 2017) (January 2017 Modification). edocs public/. Alternative formats are 1 See 47 U.S.C. 310(b)(3). 9 See id. at Exh. 1. available to persons with disabilities 2 See id. at sections 309(e), 312(a)(1), 312(a)(2), 10 See id. at Section II, Question 3(a). (Braille, large print, electronic files, 312(a)(4), 312(c). 11 See File No. BPL–20171121AAB (filed Nov. 10, audio format); to obtain, please send an 3 See 47 CFR 0.111 and 0.311. 2017) (November 2017 Modification).

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notified the Commission that the studio Villatoro’s wife—Johana Villatoro—had its November 2017 Modification, location and mailing address had been deported.18 identifying a different mailing address changed and requested certain 10. The Bureau also located than had previously been on file with engineering changes.12 In the November documents filed with the Missouri the Commission. On December 6, 2017, 2017 Modification, Jordan similarly Secretary of State indicating that at the the Bureau issued a second LOI to identified Eliud Villatoro, Johana time Jordan filed its various Jordan at the new mailing address, Villatoro, Timoteo Garcia, Marlon applications with the Commission, its enclosing the November 14, 2017 LOI, Fuentes, and Tomas Calgua in response officers and board members were and requiring a response within seven to Section II, Question 3(a) and again different than those Jordan had calendar days.24 Although Bureau staff responded that each was a United States identified in its Commission filings. had preliminary conversations with citizen.13 This application is pending Jordan’s 2012 Annual Registration Jordan’s counsel after the LOIs were before the Commission’s Media Bureau. Report indicates that, as of February 14, issued, Jordan did not respond to either B. Enforcement Bureau Investigation 2013, Jordan’s officers were Eliud H. LOI. Villatoro O. (President), Edilma J. III. Discussion 8. On January 24, 2017, the Villatoro (Vice-President), Edgar Poroj Commission received a complaint (Secretary), and Efrain Coquij 12. Pursuant to section 309(e) of the through its electronic Consumer (Treasurer) and that its board of Act, the Commission is required to Complaint Center asserting that four of directors were Genaro Cifuentes, Doris designate an application for evidentiary the five board members that Jordan had Paxtor, and Edy Fuentes.19 Jordan’s hearing if a substantial and material identified in each of its Commission 2016 Annual Registration Report question of fact is presented regarding applications were not United States indicates that, as of August 25, 2016, its whether grant of the application would 14 citizens. Specifically, associated with board of directors were comprised of serve the public interest, convenience, Commission licensee, asserted that Ruth Cifuentes, Samuel Hernandez, and and necessity.25 The character of an Eliud Villatoro, Johana Villatoro, Eddy Fuentes.20 Jordan’s 2017–2018 applicant is among those factors that the Timoteo Garcia, and Tomas Calgua were Biennial Registration Report indicates Commission considers in determining Guatemalan citizens and that Marlon that, as of October 5, 2017, its Vice- whether the applicant has the requisite Fuentes ‘‘became a US citizen just last qualifications to be a Commission 15 President was Edilma J. Reyes and its year.’’ The Commission referred the Treasurer was Tony Shadden.21 It also licensee.26 Section 312(a)(2) of the Act Complaint to the Bureau. indicates that its board of directors were provides that the Commission may 9. The Bureau uncovered additional Ruth Cifuentes, Samuel Hernandez, and revoke any license if ‘‘conditions com[e] information concerning the citizenship Dixi Villatoro.22 Other than Eliud to the attention of the Commission of at least two of the board members that which would warrant it in refusing to Jordan had identified: Eliud Villatoro Villatoro, Jordan never identified any of these various officers or board of grant a license or permit on the original and Johana Villatoro. On January 4, application.’’ 27 Because the character of 2017, the United States Court of director members on any of the applications it filed with the the applicant is among those factors that Appeals for the Eighth Circuit affirmed the Commission considers in its review an order issued by the Board of Commission between October 2013 and November 2017. of applications to determine whether Immigration Appeals denying Eliud the applicant has the requisite Villatoro’s motion to reopen 11. On November 14, 2017, the Bureau directed a letter of inquiry (LOI) qualifications to operate the station for proceedings to remove him from the which authority is sought,28 any United States.16 This decision referred to Jordan seeking, among other things, the name and citizenship of each of character defect that would warrant the to Mr. Villatoro as a citizen of Commission’s refusal to grant a license Guatemala.17 In addition, father,, Jordan’s officers and board members informed Bureau staff that Mr. from October 1, 2013, to the present, and putting Jordan on notice of the Enforcement Bureau to Mr. Eliud Villatoro, President, Ministerios el Jordan (Nov. 14, 2017) (on 12 See id. at Exh. 1. Bureau’s concerns that Jordan may have file in EB–IHD–17–00024261). 13 See id. at Section II, Question 3(a). violated section 310(b) of the Act and 24 See Letter of Inquiry from Matthew L. Conaty, 14 See Complaint No. 1415080 (filed Jan. 24, misrepresented information to the Deputy Chief, Investigations and Hearings Division, 2017) (Complaint). Commission concerning its board of Enforcement Bureau to Mr. Eliud Villatoro, 15 Id. directors.23 Six days later, Jordan filed President, Ministerios el Jordan (Dec. 6, 2017) (on 16 See Villatoro-Ochoa v. Lynch, 844 F.3d 993 file in EB–IHD–17–00024261). (8th Cir. 2017) (Villatoro-Ochoa). We note that, in 25 See 47 U.S.C. 309(e). 18 See Decloration [sic] of, dated Aug. 6, 2017; see this Eighth Circuit decision, Mr. Villatoro’s first 26 See, e.g., Policy Regarding Character also website for Jordan identifying Johana Villatoro name appears as ‘‘Eluid’’ rather than as ‘‘Eliud.’’ Qualifications in Broadcast Licensing, Amendment as the wife of Eliud Villatoro. https://ministeriosel However, there is little doubt that it refers to the of Rules of Broadcast Practice and Procedure jordan.weebly.com/historia.html. same individual as identified in Jordan’s Relating to Written Responses to Commission 19 Commission filings. The caption of the decision, for See 2012 Annual Registration Report, Charter Inquiries and the Making of Misrepresentations to example, identifies the petitioner as ‘‘Eluid Harodi No. N00994664 (filed Feb. 14, 2013) https://bsd.sos. the Commission by Permittees and Licensees, Villatoro-Ochoa.’’ Id. During the Bureau’s mo.gov/Common/CorrespondenceItemView Report, Order and Policy Statement, 102 FCC 2d investigation, it uncovered documents filed with Handler.ashx?IsTIFF=true&filedDocumentid= 1179 (1986), recons. denied, 1 FCC Rcd 421 (1986), the Missouri Secretary of State which identified 9744099&version=1. appeal dismissed sub nom., National Ass’n for Jordan’s president as ‘‘Eliud H. Villatoro O.’’ See 20 See 2016 Annual Registration Report, Charter Better Broadcasting v. FCC, No. 86–1179 (D.C. Cir. 2012 Annual Registration Report, Charter No. No. N00994664 (filed Aug. 25, 2016) https:// 1987) (1986 Character Policy Statement); Policy N00994664 (filed Feb. 14, 2013) https:// bsd.sos.mo.gov/Common/CorrespondenceItemView Regarding Character Qualifications in Broadcast bsd.sos.mo.gov/Common/CorrespondenceItemView Handler.ashx?IsTIFF=true&filedDocumentid Licensing, Amendment of Part 1, the Rules of Handler.ashx?IsTIFF=true&filedDocumentid= =12289036&version=5. Broadcast Practice and Procedure, Relating to 9744099&version=1. Additionally, the Eighth 21 See 2017–2018 Biennial Registration Report, Written Responses to Commission Inquiries and the Circuit decision acknowledges that it refers to a Charter No. N00994664 (filed Oct. 5, 2017) https:// Making of Misrepresentations to the Commission by pastor from Guatemala. See Villatoro-Ochoa, 844 bsd.sos.mo.gov/Common/CorrespondenceItemView Permittees and Licensees, Policy Statement and F.3d at 994. The website for Jordan states that its Handler.ashx?IsTIFF=true&filedDocumentid= Order, 5 FCC Rcd 3252 (1990), recons. on other founder, Eliud Villatoro, had been a pastor in 13206145&version=5. grounds, 6 FCC Rcd 3448 (1991), modified on other Guatemala. https://ministerioseljordan.weebly.com/ 22 See id. grounds, 7 FCC Rcd 6564 (1992). historia.html. 23 See Letter of Inquiry from Matthew L. Conaty, 27 47 U.S.C. 312(a)(2). 17 See Villatoro-Ochoa, 844 F.3d at 994. Deputy Chief, Investigations and Hearings Division, 28 See 47 U.S.C. 308(b).

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or permit in the original application that the party making it had knowledge any sort of positional interest with would likewise warrant the of its falsity.’’ 35 Intent can also be found Jordan. Commission’s determination to revoke a from motive or logical desire to 17. According to Jordan’s Missouri license or permit. deceive.36 2012 Annual Registration Report, as of 13. Misrepresentation/Lack of Candor 15. Section 1.17(a)(2) of the Rules February 14, 2013, Jordan’s officers and Section 1.17. The Commission and further requires that no person may were Eliud Villatoro (President), Edilma the courts have recognized that ‘‘[t]he provide, in any written statement of J. Villatoro (Vice-President), Edgar Poroj FCC relies heavily on the honesty and fact, ‘‘material factual information that (Secretary), and Efrain Coquij probity of its licensees in a regulatory is incorrect or omit material information (Treasurer) and its board of directors system that is largely self-policing.’’ 29 that is necessary to prevent any material were Genaro Cifuentes, Doris Paxtor, In considering an applicant’s character, factual statement that is made from and Edy Fuentes.40 Of these individuals, one of the Commission’s primary being incorrect or misleading without a the only one Jordan disclosed to the purposes is to ensure that licensees will reasonable basis for believing that any Commission in its October 2013 be truthful in their future dealings with such material factual statement is Application was Eliud Villatoro, whom the Commission. Full and clear correct and not misleading.’’ 37 Thus, it described only as a board member.41 disclosure of all material facts in every even absent an intent to deceive, a false In addition, according to Jordan’s application is essential to the efficient statement may constitute an actionable Missouri 2016 Annual Registration administration of the Commission’s violation of § 1.17 of the Rules if Report, as of August 25, 2016, Jordan’s licensing process, and proper analysis of provided without a reasonable basis for officers were Eliud Villatoro (President), an application is critically dependent on believing that the material factual Edilma J. Villatoro (Vice-President), the accuracy and completeness of information it contains is correct and Edgar Poroj (Secretary), and Efrain information and data that only the not misleading.38 Coquij (Treasurer) and that its board of applicant can provide. 16. In the instant case, Jordan directors were comprised of Ruth Misrepresentation and lack of candor represented to the Commission in each Cifuentes, Samuel Hernandez, and Edy raise serious concerns as to the of its applications that its ‘‘officers, Fuentes.42 Here again, the only one of likelihood that the Commission can rely directors, five percent or greater these individuals whom Jordan on an applicant, permittee, or licensee stockholders, non-insulated partners, disclosed to the Commission in its to be truthful.30 members, and all other persons and January 2017 Modification was Eliud 14. Section 1.17(a)(1) of the entities with attributable interests’’ were Villatoro and again only as a board Commission’s rules (Rules) states that the following five people, each of whom member.43 Similarly, Jordan’s Missouri no person shall, in any written or oral held a 20 percent voting interest: Eliud 2017–2018 Biennial Registration Report statement of fact, intentionally provide Villatoro, Johana Villatoro, Timoteo suggests that, as of October 5, 2017, a material factual information that is Garcia, Marlon Fuentes, and Tomas little more than a month before Jordan incorrect or intentionally omit material Calgua.39 As discussed above, records filed its November 2017 Modification, information that is necessary to prevent from the Missouri Secretary of State its officers were Eliud Villatoro any material factual statement that is suggest that, at the time Jordan filed its (President), Edilma J. Reyes (Vice- made from being incorrect or various applications with the President), Edgar Poroj (Secretary), and misleading.31 We note that a Commission, only Eliud Villatoro held Tony Shadden (Treasurer) and that its misrepresentation is a false statement of board of directors were Ruth Cifuentes, fact made with the intent to deceive the 35 David Ortiz Radio Corp. v. FCC, 941 F.2d 1253, Samuel Hernandez, and Dixi Commission.32 Lack of candor is a 1260 (D.C. Cir. 1991) (quoting Leflore Broadcasting 44 Co. v. FCC, 636 F.2d 454, 462 (D.C. Cir. 1980)); see Villatoro. Nevertheless, in its concealment, evasion, or other failure to also Discussion Radio, 19 FCC Rcd at 7435. November 2017 Modification, Jordan be fully informative, accompanied by an 36 See Discussion Radio, 19 FCC Rcd at 7435; disclosed only Eliud Villatoro and again 33 intent to deceive the Commission. A Black Television Workshop of Los Angeles, Inc., only as a board member.45 Thus, the necessary and essential element of both Decision, 8 FCC Rcd 4192, 4198, n.41 (1993) (citing California Public Broadcasting Forum v. FCC, 752 information before the Commission misrepresentation and lack of candor is F.2d 670, 679 (D.C. Cir. 1985); Joseph Bahr, raises a substantial and material 34 intent to deceive. Fraudulent intent Memorandum Opinion and Order, 10 FCC Rcd 32, question of fact as to whether Jordan can be found from ‘‘the fact of 33 (Rev. Bd. 1994); Scott & Davis Enterprises, Inc., misrepresented the identification of its misrepresentation coupled with proof Decision, 88 FCC 2d 1090, 1100 (Rev. Bd. 1982)). Intent to deceive can also be inferred when the ‘‘officers, directors, five percent or surrounding circumstances clearly show the greater stockholders, non-insulated 29 Contemporary Media Inc. v. FCC, 214 F.3d 187, existence of an intent to deceive. See Commercial 193 (D.C. Cir. 2000) (citation omitted). Radio Service, Inc., Order to Show Cause, 21 FCC 40 See 2012 Annual Registration Report, Charter 30 See 1986 Character Policy Statement, 102 FCC Rcd 9983, 9986 (2006) (citing American No. N00994664 (filed Feb. 14, 2013). https:// 2d at 1209–11. The fundamental importance of International Development, Inc., Memorandum bsd.sos.mo.gov/Common/CorrespondenceItem truthfulness and candor on the part of applicants Opinion and Order, 86 FCC 2d 808, 816, n.39 ViewHandler.ashx?IsTIFF=true&filedDocumentid and licensees in their dealings with the (1981), aff’d sub nom. KXIV, Inc. v. FCC, 704 F.2d =9744099&version=1. Commission is well established. See FCC v. WOKO, 1294 (D.C. Cir. 1983)). 41 See October 2013 Application at Section II, Inc., 329 U.S. 223 (1946); Nick J. Chaconas, 37 47 CFR 1.17(a)(2). Decision, 28 FCC 2d 231 (1971); Lebanon Valley 38 Question 3(a). See Amendment of Section 1.17 of the 42 Radio, Inc., Decision, 35 FCC 2d 243 (Rev. Bd. Commission’s Rules Concerning Truthful See 2016 Annual Registration Report, Charter 1972). Statements to the Commission, Report and Order, No. N00994664 (filed Aug. 25, 2016). https:// 31 See 47 CFR 1.17(a)(1). 18 FCC Rcd 4016, 4017, para. 4 (2003) (stating that bsd.sos.mo.gov/Common/CorrespondenceItemView 32 See Fox River Broadcasting, Inc., Order, 93 FCC the revision to § 1.17 is intended to ‘‘prohibit Handler.ashx?IsTIFF=true&filedDocumentid 2d 127, 129 (1983) (Fox River); Discussion Radio, incorrect statements or omissions that are the result =12289036&version=5. Inc., Memorandum Opinion and Order and Notice of negligence, as well as an intent to deceive’’), 43 See January 2017 Modification at Section II, of Apparent Liability, 19 FCC Rcd 7433, 7435 recons. denied, Memorandum Opinion and Order, Question 3(a). (2004) (Discussion Radio). 19 FCC Rcd 5790, further recons. denied, 44 See 2017–2018 Biennial Registration Report, 33 See Fox River, 93 FCC 2d at 129; Discussion Memorandum Opinion and Order, 20 FCC Rcd 1250 Charter No. N00994664 (filed Oct. 5, 2017). https:// Radio, 19 FCC Rcd at 7435. (2004). bsd.sos.mo.gov/Common/CorrespondenceItemView 34 See Trinity Broadcasting of Florida, Inc., Initial 39 October 2013 Application at Section II, Handler.ashx?IsTIFF=true&filedDocumentid= Decision, 10 FCC Rcd 12020, 12063 (1995), Question 3(a); see also January 2017 Modification 13206145&version=5. subsequent history omitted; Discussion Radio, 19 at Section II, Question 3(a); and November 2017 45 See November 2017 Modification at Section II, FCC Rcd at 7435. Modification at Section II, Question 3(a). Question 3(a).

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partners, members, and all other of the Act 51 and designate for hearing respects, the applicant must, as persons and entities with attributable permittees or licensees who seek or promptly as possible and in any event interests’’ in its various Commission obtain a Commission license based on within 30 days, amend its application so applications. false statements of citizenship.52 as to furnish the additional or correct 18. In addition, in its various 21. As discussed above, in each of its information.57 For the purposes of applications with the Commission, Commission filings, Jordan identified § 1.65, an application is ‘‘pending’’ Jordan asserted that each of the five five (5) ‘‘board members’’ with an equal before the Commission from the time it board members it identified in response percentage of votes, each of whom is accepted for filing until a Commission to Section II, Question 3(a)—Eliud Jordan identified as United States grant (or denial) is no longer subject to Villatoro, Johana Villatoro, Timoteo citizens.53 As also set forth above, there reconsideration by the Commission or Garcia, Marlon Fuentes, and Tomas are substantial and material questions of review by any court.58 Calgua—were United States citizens.46 fact as to whether these five (5) 24. In the instant case, Jordan’s The Eighth Circuit’s January 2017 individuals were Jordan’s ‘‘officers, November 2017 Modification remains decision in Villatoro-Ochoa v. Lynch, directors, five percent or greater pending.59 Thus, Jordan has been under affirmed an order by the Board of stockholders, non-insulated partners, a continuing obligation to ensure the Immigration Appeals denying Eliud members, and all other persons and accuracy of this application and to Villatoro’s motion to reopen entities with attributable interests’’ at amend it as appropriate. Even after proceedings to remove him from the the time it filed its various applications receiving the Bureau’s LOIs, and being United States to Guatemala and refers to with the Commission.54 If indeed they put on notice that there may be an issue him as a citizen of Guatemala.47 The were, then as discussed above, there is with the individuals whom it identified complaint that the Commission received a substantial and material question of in its Commission filings, Jordan did not from in January 2017 asserted that Eliud fact concerning the citizenship of each amend its pending application. Villatoro, Johana Villatoro, Timoteo of these five (5) individuals.55 In light of Accordingly, we designate for hearing Garcia, and Tomas Calgua were Jordan’s certification that each of these an appropriate issue to determine Guatemalan citizens and that Marlon individuals held 20 percent of the whether Jordan willfully and/or Fuentes only became a United States voting interest, the information before repeatedly violated § 1.65 of the Rules. citizen in 2016.48 In addition, the the Commission raises a substantial and 25. Failure to Respond to Commission declaration provided by asserted that material question of fact as to whether Inquiries. Section 73.1015 of the Rules, Johana Villatoro had been deported.49 Jordan is/was owned or controlled by in relevant part, provides the Collectively, this information raises non-United States citizens in excess of Commission, or its representatives, with substantial and material questions of the statutory limitations allowed by the authority to ‘‘require from any fact as to whether any of these section 310(b)(3) of the Act. applicant, permittee, or licensee written individuals were United States citizens 22. We therefore designate for hearing statements of fact relevant to a when Jordan filed its applications. appropriate issues to determine whether determination whether an application Thus, the information before the Jordan is/was owned or controlled by should be granted or denied, or to a Commission raises a substantial and non-United States citizens in excess of determination whether a license should material question of fact as to whether the one-fifth allowed by section be revoked.’’ 60 Jordan misrepresented the citizenship of 310(b)(3) of the Act. 26. In the instant case, the Bureau its ‘‘officers, directors, five percent or 23. Failure to Maintain Completeness sent Jordan two LOIs requesting greater stockholders, non-insulated and Accuracy of Pending Applications. information concerning the partners, members, and all other Under § 1.65 of the Rules, an applicant identification and citizenship of persons and entities with attributable is responsible for the continuing Jordan’s officers and board of interests’’ in its Commission filings. accuracy and completeness of the directors.61 These LOIs notified Jordan, 19. We therefore designate for hearing information furnished in a pending inter alia, that the Bureau was appropriate issues to determine whether application or in Commission concerned that Jordan may have Jordan misrepresented and/or lacked proceedings involving a pending violated the alien ownership limitation candor in its dealings with the application.56 Whenever the set forth in section 310(b) of the Act Commission either with an intent to information furnished in the pending and/or misrepresented information to deceive and/or in willful and repeated application is no longer substantially the Commission in violation of § 1.17 of violation of Section 1.17 of the Rules. accurate and complete in all significant the Rules.62 Such information is, at a 20. Violation of Alien Ownership minimum, relevant to whether Jordan’s Limitations. Section 310(b)(3) of the Act 51 See, e.g., Caribbean Festival Ass’n, Inc., Letter, pending application should be granted prohibits non-stock, noncommercial 22 FCC Rcd 19238, 19239–19241 (MB 2007) or denied. Jordan failed to respond to incorporated entities with alien (affirming dismissal of application for new LPFM either of the Bureau’s LOIs. ownership or voting percentage greater station because alien ownership exceeded the 20 percent benchmark imposed by the statutory limit 27. We therefore designate for hearing than 20 percent from obtaining or in 47 U.S.C. 310(b)(3)). 50 an appropriate issue to determine controlling a broadcast license. The 52 See, e.g., Pan Pacific Television, Inc. whether Jordan violated § 73.1015 of the Commission will dismiss applications (Transferor), and Silver King Broadcasting of Rules. that do not comply with the statutory Northern California, Inc. (Transferee), Memorandum Opinion and Order and Hearing IV. Ordering Clauses citizenship requirements of section 310 Designation Order, 3 FCC Rcd 6629 (1988) (designating a broadcasting construction permit for 28. Accordingly, it is ordered, 46 See October 2013 Application at Section II, hearing to determine whether the permittee had pursuant to sections 309(e), 312(a)(1), Question 3(a); January 2017 Modification at Section made misrepresentations concerning its alien II, Question 3(a); and November 2017 Modification ownership and thus whether the permittee was at Section II, Question 3(a). owned or controlled by aliens in violation of 57 See id. 47 See Villatoro-Ochoa v. Lynch, 844 F.3d 993 section 310(b) of the Communications Act). 58 See id. (8th Cir. 2017). 53 See supra at 6, para. 16. 59 See File No. BPL–20171121AAB. 48 See supra n.14. 54 See supra at 6–7, paras. 16–17. 60 47 CFR 73.1015. 49 See Decloration [sic] of, dated Aug. 6, 2017. 55 See supra at 7, para. 18. 61 See supra at 4, para. 11. 50 See 47 U.S.C. 310(b)(3). 56 See 47 CFR 1.65. 62 See id.

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312(a)(2), 312(a)(4), and 312(c) of the days of the release of this Order, a counsel of record, Investigations & Act, 47 U.S.C. 309(e), 312(a)(1), written appearance stating that it will Hearings Division, Enforcement Bureau, 312(a)(2), 312(a)(4), 312(c), that appear at the hearing and present Federal Communications Commission, Ministerios El Jordan shall show cause evidence on the issues specified above. 445 12th Street SW, Washington, DC why the authorization for which it is the 31. It is further ordered that, pursuant 20554. licensee should not be revoked, and that to §§ 1.91 and 1.92 of the Commission’s 35. It is further ordered that copies of the above-captioned application filed by rules, 47 CFR 1.91 and 1.92, if this document shall be sent via Certified Ministerios El Jordan is designated for Ministerios El Jordan fails to file a Mail—Return Receipt Requested to the hearing in a consolidated proceeding timely appearance, its right to a hearing following: before an FCC Administrative Law shall be deemed to be waived. If a Mr. Eliud Villatoro, Ministerios El Judge, at a time and place to be hearing is waived under §§ 1.92(a)(1) or Jordan, 1721 South Baker Boulevard, specified in a subsequent Order, upon (3) of the Commission’s rules, Carthage, MO 64836–3004 the following issues: Ministerios El Jordan may, within 20 Steven Hays, Esq., 622 South Main (a) To determine whether Ministerios calendar days of the release of this Street, Joplin, MO 64801 El Jordan engaged in misrepresentation Order, submit a written, signed Aaron Scott, Cedar Creek Consulting, and/or lack of candor in its applications statement denying or seeking to mitigate 14117 W Travis Lane, Malakoff, TX with the Commission. or justify the circumstances or conduct 75148–3570 (b) To determine whether Ministerios described herein. In the event the right El Jordan is/was owned or controlled by to a hearing is waived, the Chief 36. It is further ordered that a copy of non-United States citizens in excess of Administrative Law Judge (or presiding this document, or a summary thereof, the one-fifth allowed by section officer if one has been designated) shall, shall be published in the Federal 310(b)(3) of the Act. at the earliest practicable date, issue an Register. (c) To determine whether Ministerios order reciting the events or Federal Communications Commission. El Jordan failed to amend its pending circumstances constituting a waiver of Jeffrey Gee, application, in willful and/or repeated hearing, terminating the hearing Chief, Investigations & Hearings Division, violation of § 1.65 of the Commission’s proceeding, and certifying the case to Enforcement Bureau. rules. the Commission. In addition, pursuant [FR Doc. 2019–05308 Filed 3–20–19; 8:45 am] (d) To determine whether Ministerios to § 1.221 of the Commission’s rules, 47 BILLING CODE 6712–01–P El Jordan failed to respond to CFR 1.221, if any applicant to the Commission inquiries in willful and/or captioned application fails to file, repeated violation of § 73.1015 of the within 20 calendar days of the release FEDERAL ELECTION COMMISSION Commission’s rules. of this Order, a written appearance, a (e) To determine, in light of the petition to dismiss without prejudice, or Sunshine Act Meeting evidence adduced pursuant to the a petition to accept for good cause foregoing issues, whether Ministerios El shown an untimely written appearance, TIME AND DATE: Tuesday, March 26, 2019 Jordan is qualified to be and remain a the captioned application shall be at 10:00 a.m. Commission licensee. dismissed with prejudice for failure to PLACE: (f) To determine, in light of the 1050 First Street NE, prosecute. Washington, DC foregoing issues, whether the 32. It is further ordered that the Chief, authorization for which Ministerios El Enforcement Bureau, shall be made a STATUS: This meeting will be closed to Jordan is the licensee should be party to this proceeding without the the public. revoked. need to file a written appearance. MATTERS TO BE CONSIDERED: Compliance (g) To determine, in light of the 33. It is further ordered that, pursuant matters pursuant to 52 U.S.C. 30109. foregoing issues, whether the captioned to section 312(d) of the Act, 47 U.S.C. * * * * * application filed by or on behalf of 312(d), and § 1.91(d) of the CONTACT PERSON FOR MORE INFORMATION: Commission’s rules, 47 CFR 1.91(d), the Ministerios El Jordan should be granted. Judith Ingram, Press Officer, Telephone: 29. It is further ordered that, in burden of proceeding with the (202) 694–1220. addition to the resolution of the introduction of evidence and the burden foregoing issues, it shall be determined, of proof shall be upon the Enforcement Dayna C. Brown, pursuant to section 503(b)(1) of the Act, Bureau as to the issues at paragraph Secretary and Clerk of the Commission. 47 U.S.C. 503(b)(1), whether an order of 28(a)–(f) above, and that, pursuant to [FR Doc. 2019–05537 Filed 3–19–19; 4:15 pm] forfeiture should be issued against section 309(e) of the Act, 47 U.S.C. BILLING CODE 6715–01–P Ministerios El Jordan in an amount not 309(e), and § 1.254 of the Commission’s to exceed the statutory limit for the rules, 47 CFR 1.254, the burden of willful and/or repeated violation of each proceeding with the introduction of FEDERAL RESERVE SYSTEM Commission rule section above for evidence and the burden of proof shall which the statute of limitations in be upon Ministerios El Jordan as to the Formations of, Acquisitions by, and section 503(b)(6) of the Act, 47 U.S.C. issue at paragraph 28(g), above. Mergers of Bank Holding Companies 503(b)(6), has not lapsed. 34. It is further ordered that a copy of 30. It is further ordered that, pursuant each document filed in this proceeding The companies listed in this notice to section 312(c) of the Act and subsequent to the date of adoption of have applied to the Board for approval, §§ 1.91(c) and 1.221(c) of the this document shall be served on the pursuant to the Bank Holding Company Commission’s rules, 47 U.S.C. 312(c) counsel of record appearing on behalf of Act of 1956 (12 U.S.C. 1841 et seq.) and 47 CFR 1.91(c), 1.221(c), to avail the Chief, Enforcement Bureau. Parties (BHC Act), Regulation Y (12 CFR part itself of the opportunity to be heard and may inquire as to the identity of such 225), and all other applicable statutes to present evidence at a hearing in this counsel by calling the Investigations & and regulations to become a bank proceeding, Ministerios El Jordan, in Hearings Division of the Enforcement holding company and/or to acquire the person or by an attorney, shall file with Bureau at (202) 418–1420. Such service assets or the ownership of, control of, or the Commission, within 20 calendar copy shall be addressed to the named the power to vote shares of a bank or

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bank holding company and all of the FEDERAL RESERVE SYSTEM FDIC: Michael J. Dean, Regional banks and nonbanking companies Director, Federal Deposit Insurance owned by the bank holding company, FEDERAL DEPOSIT INSURANCE Corporation, 10 10th Street NW, Suite including the companies listed below. CORPORATION 800, Atlanta, GA 30309–3906; by email The applications listed below, as well to [email protected]; or Proposal by BB&T Corporation To by facsimile: 678–916–2451. as other related filings required by the Acquire SunTrust Banks, Inc. and its SUPPLEMENTARY INFORMATION: Board, are available for immediate Subsidiary, SunTrust Bank, and To inspection at the Federal Reserve Bank Merge SunTrust Bank With and Into Background and Public Meetings Notice indicated. The applications will also be Branch Banking and Trust Company On March 8, 2019, BB&T Corporation, available for inspection at the offices of AGENCIES: Winston-Salem, North Carolina (BB&T), the Board of Governors. Interested Board of Governors of the Federal Reserve System (Board) and requested the Board’s approval under persons may express their views in Federal Deposit Insurance Corporation the Bank Holding Company Act (12 writing on the standards enumerated in (FDIC). U.S.C. 1841 et seq.) to acquire SunTrust the BHC Act (12 U.S.C. 1842(c)). If the Banks, Inc., and thereby indirectly ACTION: Notice of public meetings. proposal also involves the acquisition of acquire SunTrust Bank, both of Atlanta, a nonbanking company, the review also SUMMARY: Two public meetings will be Georgia (Holding Company includes whether the acquisition of the held regarding the proposal by BB&T Application). Also on March 8, 2019, nonbanking company complies with the Corporation, Winston-Salem, North Branch Banking and Trust Company, standards in section 4 of the BHC Act Carolina, to acquire SunTrust Banks, Winston-Salem, North Carolina (Branch (12 U.S.C. 1843). Unless otherwise Inc., and thereby indirectly acquire Bank) applied to the FDIC to merge noted, nonbanking activities will be SunTrust Bank, both of Atlanta, Georgia, SunTrust Bank with and into Branch conducted throughout the United States. pursuant to the Bank Holding Company Bank pursuant to section 18(c) of the Federal Deposit Insurance Act (12 Unless otherwise noted, comments Act and related statutes. As part of the U.S.C. 1828(c)) (Bank Application). The regarding each of these applications proposal, BB&T Corporation would merge SunTrust Bank with and into its agencies hereby announce that public must be received at the Reserve Bank subsidiary state non-member bank, meetings on the applications will be indicated or the offices of the Board of Branch Banking and Trust Company, held in Atlanta, Georgia, and Charlotte, Governors not later than April 18, 2019. Winston-Salem, North Carolina, North Carolina.1 A. Federal Reserve Bank of New York pursuant to the Bank Merger Act and Purpose and Procedures (Ivan Hurwitz, Vice President) 33 related statutes. The purpose of the Liberty Street, New York, New York meetings is to collect information The purpose of the public meetings is 10045–0001. Comments can also be sent related to factors the Board and FDIC to collect information relating to the electronically to Comments.applications (agencies) are required to consider convenience and needs of the @ny.frb.org: under the Bank Holding Company Act communities to be served. Convenience and the Bank Merger Act. and needs considerations include a 1. Pioneer Bancorp, MHC and Pioneer review of the records of performance of DATES: The meeting dates are: Bancorp, Inc., both of Albany, New the insured depository institutions York; to become bank holding (1) Thursday, April 25, 2019, from 8:30 a.m. to 5:00 p.m. EDT, Charlotte, involved in the proposal under the companies by acquiring 100 percent of Community Reinvestment Act, which the voting shares of Pioneer Bank, North Carolina. (2) Friday, May 3, 2019, from 8:30 requires the appropriate federal Albany, New York, upon its conversion a.m. to 5:00 p.m. EDT, Atlanta, Georgia. financial supervisory agency to take into to a stock savings bank. account a relevant depository ADDRESSES: The public meeting institution’s record of meeting the credit In connection to this application, locations are: needs of its entire community, Applicant also has applied to engage in (1) Charlotte, North Carolina— including low- and moderate-income extending credit and servicing loans, Charlotte Branch of the Federal Reserve neighborhoods, consistent with the safe pursuant to section 225.25(b)(1) of Bank of Richmond, 530 East Trade and sound operation of the institution. Regulation Y. Street, Charlotte, North Carolina. (2) Atlanta, Georgia—Federal Reserve 12 U.S.C. 2903. The agencies also B. Federal Reserve Bank of Chicago consider other factors in acting on the (Colette A. Fried, Assistant Vice Bank of Atlanta, 1000 Peachtree Street NE, Atlanta, Georgia. applications, including the effects of the President) 230 South LaSalle Street, proposal on the stability of the U.S. FOR FURTHER INFORMATION CONTACT: Chicago, Illinois 60690–1414: banking or financial system, the Board: For the Charlotte meeting: financial and managerial resources and 1. Minier Financial, Inc. Employee Matthew Martin, Vice President, future prospects of the companies and Stock Ownership Plan with 401 (k) of Research Department Microeconomics banks involved in the proposal, and Provisions, Minier, Illinois; to acquire an and Research Communications, Federal competition in the relevant markets. additional 6.37 percent, for a total of 51 Reserve Bank of Richmond, 530 East The agencies also will be collecting percent of the voting shares of Minier Trade Street, Charlotte, North Carolina, Financial, Inc., Minier, Illinois, and information relating to these factors. 28202; by email to: Testimony at the public meetings will thereby indirectly acquire shares of First [email protected]; or be presented to a panel consisting of Farmers State Bank, Minier, Illinois. by facsimile: 704–358–2300. Presiding Officers and other panel For the Atlanta meeting: Karen Leone Board of Governors of the Federal Reserve members appointed by the Presiding System, March 18, 2019. de Nie, Vice President Community and Officers. The Presiding Officers will Economic Development, Federal have the authority and discretion to Yao-Chin Chao, Reserve Bank of Atlanta, 1000 Peachtree Assistant Secretary of the Board. Street NE, Atlanta, Georgia 30309–4470; 1 The public meetings are being held as informal [FR Doc. 2019–05401 Filed 3–20–19; 8:45 am] by email to: [email protected]; or proceedings by the FDIC pursuant to 12 CFR BILLING P by facsimile: 404–498–8956. 303.10(l).

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ensure that the meetings proceed in a Translators will be provided to the FEDERAL RETIREMENT THRIFT fair and orderly manner. The rules for extent available if a need for such INVESTMENT taking evidence in an administrative services is noted in the request to proceeding will not apply to the public testify. Persons interested only in Board Member Meeting meetings. Panel members may question attending the meetings, but not witnesses, but no cross-examination of 77 K Street NE, 10th Floor, Washington, testifying, need not submit a written DC 20002 witnesses will be permitted. The public request to attend. meetings will be transcribed, and the March 25, 2019, 8:30 a.m. The Presiding Officers will prepare a transcripts will be posted on the Open Session schedule for persons wishing to testify respective public websites of the Board 1. Approval of the Minutes of the and the FDIC.2 Information regarding and establish the order of presentation. February 25, 2019 Board Meeting the procedures for obtaining a copy of To ensure an opportunity for all 2. Monthly Reports the transcripts will be announced at the interested commenters to present their (a) Participant Activity Report public meetings. views, the Presiding Officers may limit Charlotte, North Carolina: All persons the time for presentations and may (b) Legislative Report wishing to testify at the public meeting establish other procedures related to the (c) Investment Performance in Charlotte should submit a written conduct of the public meetings as 3. Quarterly Report: Vendor Risk request no later than 5:00 p.m. EDT on appropriate. Persons not listed on the Management Update Monday, April 15, 2019. A request to schedule may be permitted to speak at 4. Office of External Affairs Annual testify at the Charlotte public meeting the public meetings, if time permits, at Report may be sent by mail to: Matthew Martin, the conclusion of the schedule of 5. Additional Withdrawals Project Vice President, Research Department witnesses in the discretion of the Update Microeconomics and Research Presiding Officers. Copies of testimony Closed Session Communications, Federal Reserve Bank may, but need not, be filed with the of Richmond, 530 East Trade Street, Presiding Officers before a person’s Information covered under 5 U.S.C. Charlotte, North Carolina, 28202; by presentation. 552b(c)(4) and (c)(9)(B). Contact Person for More Information: online form at: https://fedsurvey2. All individuals who wish to attend frbatlanta.org/Survey.aspx?s=7169b12f Kimberly Weaver, Director, Office of either public meeting must present a External Affairs, (202) 942–1640. 832e42278c1789f8b8ff5524; by email to: valid, government-issued photo [email protected]; or identification. In addition, X-ray and Dated: March 15, 2019. by facsimile: 704–358–2300. metal detection devices will be in use Megan Grumbine, Atlanta, Georgia: All persons wishing and there will be limitations on General Counsel, Federal Retirement Thrift to testify at the public meeting in materials that may be brought into the Investment Board. Atlanta should submit a written request building (i.e., no objects that could raise [FR Doc. 2019–05375 Filed 3–20–19; 8:45 am] no later than 5:00 p.m. EDT on Tuesday, security or safety concerns). BILLING CODE 6760–01–P April 23, 2019. A request to testify at the Atlanta public meeting may be sent by The Board is extending the comment mail to: Karen Leone de Nie, Vice period on the Holding Company DEPARTMENT OF HEALTH AND President Community and Economic Application through the close of HUMAN SERVICES Development, Federal Reserve Bank of business on Friday, May 3, 2019. The Atlanta, 1000 Peachtree Street NE, FDIC also has determined that there is Centers for Disease Control and Atlanta, Georgia, 30309–4470; by online good cause to extend the comment Prevention form at: https://fedsurvey2. period on the Bank Application through frbatlanta.org/SunTrustBBT-Meeting- the close of business on Friday, May 3, Statement of Organization, Functions, Atl.aspx; by email to: atlfedcomdev@ 2019. The Board will make the public and Delegations of Authority atl.frb.org; or by facsimile: 404–498– record of the Holding Company 8956. Application, including all comments Part C (Centers for Disease Control The Board will provide a copy of each received and the transcripts of the and Prevention) of the Statement of request to the FDIC. public meetings, available on the Organization, Functions, and The request to testify should include Board’s public website. The FDIC will Delegations of Authority of the the following information: (i) A brief make the public record of the Bank Department of Health and Human statement of the nature of the expected Application, including all comments Services (45 FR 67772–76, dated testimony (including whether the received and the transcripts of the October 14, 1980, and corrected at 45 FR testimony will support or oppose the public meetings, available on the FDIC’s 69296, October 20, 1980, as amended proposed transactions or provide other public website. most recently at 83 FR 48424–48428, comment on them); (ii) the address and dated September 25, 2018) is amended telephone number (email address and By order of the Board of Governors of the to reflect the reorganization of the facsimile number, if available) of the Federal Reserve System, effective March 13, National Center for Health Statistics, person testifying; and (iii) the 2019. Office of Public Health Scientific identification of any special needs, such Margaret McCloskey Shanks, Services, Centers for Disease Control as translation services, physical Deputy Secretary of the Board. and Prevention. This reorganization will disabilities requiring assistance, or Dated at Washington, DC, on March 14, streamline the current organizational presentations requiring visual aids. 2019. structure, improve the overall Federal Deposit Insurance Corporation. employee/supervisor ratio, eliminate 2 Materials related to the applications will be workflow inefficiencies, and improve made available on the Board’s website https:// Valerie J. Best, customer service. www.federalreserve.gov/foia/bbt-suntrust- Assistant Executive Secretary. application-materials.htm and the FDIC’s website I. Under Part C, Section C–B, [FR Doc. 2019–05330 Filed 3–20–19; 8:45 am] https://www.fdic.gov/regulations/applications/bbt- Organization and Functions, make the suntrust/. BILLING CODE P following organizational change:

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• Retitle the Office of Analysis and software and produces statistical data Nation to the President and the Epidemiology (CPCB) to the Division of for analysis. Congress in compliance with Section Analysis and Epidemiology (CPCB). • Measures Research and Evaluation 308 of the PHS Act and other recurring II. Under Part C, Section C–B, Branch (CPCBD). (1) Develops and and special reports requested by the Organization and Functions, make the conducts a research program designed Department; (4) provides leadership and following change: to examine significant public health expertise in the application of • Division of Analysis and problems, as well as the sources of data sophisticated statistical techniques Epidemiology (CPCB). (1) Participates in available and needed to inform their use related to the problem of integrating, the development of policy, long-range in the evaluation of population health analyzing, and reporting data from plans, and programs of the Center, with initiatives both in the U.S. and diverse sources; and (5) conducts emphasis on advancing the use of internationally; (2) uses statistical data research on selected aspects of health Center data systems; (2) plans, directs, from multiple sources, with an status and health services for and coordinates the Analysis and emphasis on Center data and the publication and dissemination. Epidemiology Program of the Center; (3) measures used to collect data for major IV. Delegations of Authority: All conducts developmental and evaluation areas of programmatic interest; (3) delegations and redelegations of research and analysis in the areas of conducts multi-disciplinary research authority made to officials and epidemiology, health status, health focusing on population health and employees of affected organizational services utilization, health promotion, functioning to examine areas of interest components will continue in them or and health economics, including including methodological issues related their successors pending further methodological issues related to to conceptualization and measurement; redelegation, provided they are conceptualization and measurement; (4) (4) collaborates with, and provides consistent with this reorganization. provides leadership and expertise in the leadership, consultation and technical application of statistical techniques to assistance to, others within the Center, (Authority: 44 U.S.C. 3101). integrate, analyze and report data from the Federal government and Alex M. Azar II, multiple and diverse sources; (5) internationally; and (5) prepares Secretary. provides consultation and technical research and analytic reports for [FR Doc. 2019–05365 Filed 3–20–19; 8:45 am] assistance to the Center, CDC, the publication and dissemination. Department and other public and • Data Linkage Methodology and BILLING CODE 4163–18–P private health agencies at the national Analysis Branch (CPCBE). (1) Plans, and international level on activities on directs, and manages the Center’s multi- DEPARTMENT OF HEALTH AND the analysis and interpretation of health faceted methodological research HUMAN SERVICES statistics; (6) augments the program on major public health issues methodological and policy analysis including data linkage and geocoding National Institutes of Health activities of the Center; and (7) focuses activities; (2) develops and executes on complex methods, analyses, and center-wide data linkage and geocoding National Cancer Institute; Notice of tools that integrate health data from activities to collect additional Closed Meetings diverse sources, including research on information to maximize the scientific measurement, linkage, and surveillance value of the Center’s population-based Pursuant to section 10(d) of the of population health and health cross-sectional and longitudinal health Federal Advisory Committee Act, as promotion. surveys while maintaining respondent amended, notice is hereby given of the • Health Promotion Statistics Branch confidentiality; (3) develops, plans, and following meetings. (CPCBB). (1) Develops policies, plans, implements studies evaluating the The meetings will be closed to the and strategies for the implementation of methodology used for the Center’s data public in accordance with the surveillance and data systems in linkage projects; (4) provides leadership provisions set forth in sections support of the Department’s health and expert consultation to the Center’s 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., promotion and disease prevention data divisions on best practices and as amended. The grant applications and objectives; (2) coordinates the health methodologies used for data linkage; (5) the discussions could disclose promotion and disease prevention provides consultation and technical confidential trade secrets or commercial related data collection activities of the assistance to the research community property such as patentable material, Center; (3) serves as liaison with the utilizing the NCHS survey linked data and personal information concerning Department’s Office of Disease files; and (6) prepares methodological individuals associated with grant Prevention and Health Promotion; (4) and research reports for publication and applications, the disclosure of which provides support and technical dissemination to support the Center’s would constitute a clearly unwarranted assistance to state and local health data linkage projects. invasion of personal privacy. agencies in the areas of statistical • Population Health Reporting and Name of Committee: National Cancer assessment and the use of data for Dissemination Branch (CPCBG). (1) Institute Special Emphasis Panel; Physical policy development and program Serves as a focal point for a Center-wide Sciences-Oncology. planning; (5) coordinates Center analytical program aimed at the Date: May 9, 2019. activities that assess the progress on the assessment and development of health Time: 10:00 a.m. to 6:00 p.m. elimination of health disparities; (6) data from multiple sources designed to Agenda: To review and evaluate grant establishes consensus-building facilitate the analysis of population applications. processes involving CDC, the health and emerging public health Place: National Cancer Institute, Shady Department, state and local agencies, issues; (2) conducts and coordinates in- Grove, 9609 Medical Center Drive, Room and the private sector to identify depth statistical analyses of special 7W030, Rockville, MD 20850 (Telephone Conference Call). priority data gaps on national health population groups relating to their Contact Person: Eduardo E. Chufan, Ph.D., promotion objectives and recommends health characteristics and their health Scientific Review Officer, Research solutions to fill these gaps; and (7) care needs; (3) directs preparation of the Technology and Contract Review Branch, designs, develops, and implements Secretary’s annual report, Health, Division of Extramural Activities, National computer data processing systems and United States, on the health status of the Cancer Institute, NIH, 9609 Medical Center

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Drive, Room 7W254, Bethesda, MD 20892– DEPARTMENT OF HEALTH AND provisions set forth in sections 9750, 240–276–7975, [email protected]. HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Cancer as amended. The grant applications and Institute Special Emphasis Panel; SEP–9: NCI National Institutes of Health the discussions could disclose Clinical and Translational R21 and Omnibus confidential trade secrets or commercial R03. Center for Scientific Review; Notice of property such as patentable material, Date: May 22, 2019. Closed Meeting and personal information concerning Time: 10:00 a.m. to 5:00 p.m. Pursuant to section 10(d) of the individuals associated with the grant Agenda: To review and evaluate grant Federal Advisory Committee Act, as applications, the disclosure of which applications. amended, notice is hereby given of the would constitute a clearly unwarranted Place: National Cancer Institute, Shady following meeting. invasion of personal privacy. Grove, 9609 Medical Center Drive, Room The meeting will be closed to the Name of Committee: National Institute of 7W102, Rockville, MD 20850 (Telephone public in accordance with the Diabetes and Digestive and Kidney Diseases Conference Call). provisions set forth in sections Special Emphasis Panel; NIDDK Clinical Contact Person: Shakeel Ahmad, Ph.D., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Trials in Diabetes. Scientific Review Officer, Research as amended. The grant applications and Date: April 3, 2019. Technology and Contract Review Branch, Time: 9:00 a.m. to 11:30 a.m. the discussions could disclose Division of Extramural Activities, National Agenda: To review and evaluate grant confidential trade secrets or commercial Cancer Institute, NIH, 9609 Medical Center applications. property such as patentable material, Drive, Room 7W102, Bethesda, MD 20892– Place: National Institutes of Health, Two 9750, 240–276–6349, [email protected]. and personal information concerning Democracy Plaza, 6707 Democracy individuals associated with the grant Boulevard, Bethesda, MD 20892 (Telephone (Catalogue of Federal Domestic Assistance applications, the disclosure of which Conference Call). Program Nos. 93.392, Cancer Construction; would constitute a clearly unwarranted Contact Person: Elena Sanovich, Ph.D., 93.393, Cancer Cause and Prevention invasion of personal privacy. Scientific Review Officer, Review Branch, Research; 93.394, Cancer Detection and DEA, NIDDK, National Institutes of Health, Diagnosis Research; 93.395, Cancer Name of Committee: Center for Scientific Room 7351, 6707 Democracy Boulevard, Treatment Research; 93.396, Cancer Biology Review Special Emphasis Panel; Small Bethesda, MD 20892–2542, 301–594–8886, Research; 93.397, Cancer Centers Support; Business: Psycho/Neuropathology Lifespan [email protected]. Development, STEM Education. 93.398, Cancer Research Manpower; 93.399, This notice is being published less than 15 Date: April 15, 2019. days prior to the meeting due to the timing Cancer Control, National Institutes of Health, Time: 4:00 p.m. to 5:00 p.m. limitations imposed by the review and HHS) Agenda: To review and evaluate grant funding cycle. Dated: March 15, 2019. applications. Place: National Institutes of Health, 6701 (Catalogue of Federal Domestic Assistance Melanie J. Pantoja, Rockledge Drive, Bethesda, MD 20892 Program Nos. 93.847, Diabetes, Program Analyst, Office of Federal Advisory (Telephone Conference Call). Endocrinology and Metabolic Research; Committee Policy. Contact Person: Elia E. Femia, Ph.D., 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology [FR Doc. 2019–05334 Filed 3–20–19; 8:45 am] Scientific Review Officer, Center for Scientific Review, National Institutes of and Hematology Research, National Institutes BILLING CODE 4140–01–P Health, 6701 Rockledge Drive, Room 3108, of Health, HHS) Bethesda, MD 20892, 301–827–7189, Dated: March 18, 2019. [email protected]. DEPARTMENT OF HEALTH AND Melanie J. Pantoja, (Catalogue of Federal Domestic Assistance HUMAN SERVICES Program Analyst, Office of Federal Advisory Program Nos. 93.306, Comparative Medicine; Committee Policy. 93.333, Clinical Research, 93.306, 93.333, National Institutes of Health 93.337, 93.393–93.396, 93.837–93.844, [FR Doc. 2019–05414 Filed 3–20–19; 8:45 am] 93.846–93.878, 93.892, 93.893, National BILLING CODE 4140–01–P National Eye Institute; Amended Notice Institutes of Health, HHS) of Meeting Dated: March 15, 2019. Melanie J. Pantoja, DEPARTMENT OF HOMELAND Notice is hereby given of a change in SECURITY the meeting of the National Eye Institute Program Analyst, Office of Federal Advisory Special Emphasis Panel, April 2, 2019, Committee Policy. U.S. Customs and Border Protection [FR Doc. 2019–05332 Filed 3–20–19; 8:45 am] 2:00 p.m. to April 2, 2019, 4:00 p.m., [1651–0077] National Institutes of Health, Rockledge BILLING CODE 4140–01–P 6700, 6700B Rockledge Drive, Bethesda, Agency Information Collection MD 20817 which was published in the DEPARTMENT OF HEALTH AND Activities: Customs-Trade Partnership Federal Register on March 14, 2019, 84– HUMAN SERVICES Against Terrorism (C–TPAT) and the 9365. Trusted Trader Program National Institutes of Health The meeting notice is amended to AGENCY: U.S. Customs and Border change the date of the meeting from National Institute of Diabetes and Protection (CBP), Department of April 2, 2019 to April 5, 2019 the Digestive and Kidney Diseases; Notice Homeland Security. meeting is closed to the public. of Closed Meeting ACTION: 60-Day Notice and request for Dated: March 15, 2019. comments; Extension of an existing Pursuant to section 10(d) of the Sylvia L. Neal, collection of information. Federal Advisory Committee Act, as Program Analyst, Office of Federal Advisory amended, notice is hereby given of the SUMMARY: The Department of Homeland Committee Policy. following meeting. Security, U.S. Customs and Border [FR Doc. 2019–05335 Filed 3–20–19; 8:45 am] The meeting will be closed to the Protection will be submitting the BILLING CODE 4140–01–P public in accordance with the following information collection request

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to the Office of Management and Budget utility, and clarity of the information to security and trade compliance (OMB) for review and approval in be collected; and (4) suggestions to requirements. accordance with the Paperwork minimize the burden of the collection of After an importer obtains Trusted Reduction Act of 1995 (PRA). The information on those who are to Trader Program membership, the information collection is published in respond, including through the use of importer will be required to submit an the Federal Register to obtain comments appropriate automated, electronic, Annual Notification Letter to CBP from the public and affected agencies. mechanical, or other technological confirming that they are continuing to Comments are encouraged and must be collection techniques or other forms of meet the requirements of the Trusted submitted (no later than May 20, 2019) information technology, e.g., permitting Trader Program. This letter should to be assured of consideration. electronic submission of responses. The include: personnel changes that impact ADDRESSES: Written comments and/or comments that are submitted will be the Trusted Trader Program; suggestions regarding the item(s) summarized and included in the request organizational and procedural changes; contained in this notice must include for approval. All comments will become a summary of risk assessment and self- the OMB Control Number 1651–0077 in a matter of public record. testing results; a summary of post-entry the subject line and the agency name. amendments and/or disclosures made to Overview of This Information CBP; and any importer activity changes To avoid duplicate submissions, please Collection use only one of the following methods within the last 12-month period. to submit comments: Title: Customs-Trade Partnership C–TPAT Program Application: (1) Email. Submit comments to: CBP_ Against Terrorism (C–TPAT) and the Estimated Number of Respondents: [email protected]. Trusted Trader Program. 750. (2) Mail. Submit written comments to OMB Number: 1651–0077. Estimated Number of Responses per CBP Paperwork Reduction Act Officer, Current Actions: CBP proposes to Respondent: 1. U.S. Customs and Border Protection, extend the expiration date of this Estimated Time per Response: 20 Office of Trade, Regulations and information collection with no change hours. Rulings, Economic Impact Analysis to the burden hours or to the Estimated Total Annual Burden Branch, 90 K Street NE, 10th Floor, information collected. Hours: 15,000. Washington, DC 20229–1177. Type of Review: Extension (with no Trusted Trader Program Application: Estimated Number of Respondents: FOR FURTHER INFORMATION CONTACT: change). 50. Requests for additional PRA information Affected Public: Businesses. Estimated Number of Responses per should be directed to Seth Renkema, Abstract: The C–TPAT Program is Respondent: 1. Chief, Economic Impact Analysis designed to safeguard the world’s trade Estimated Time per Response: 2 Branch, U.S. Customs and Border industry from terrorists and smugglers hours. Protection, Office of Trade, Regulations by prescreening its participants. The Estimated Total Annual Burden and Rulings, 90 K Street NE, 10th Floor, C–TPAT Program applies to United Hours: 100. Washington, DC 20229–1177, States importers, customs brokers, Trusted Trader Program’s Annual Telephone number (202) 325–0056 or consolidators, port and terminal _ Notification Letter: via email CBP [email protected]. Please operators, carriers, and foreign Estimated Number of Respondents: note that the contact information manufacturers. 50. provided here is solely for questions Respondents apply to participate in Estimated Number of Responses per regarding this notice. Individuals the Trusted Trader Program and Respondent: 1. seeking information about other CBP C–TPAT using an on-line application at: Estimated Time per Response: 2 programs should contact the CBP https://ctpat.cbp.dhs.gov/trade-web/ hours. National Customer Service Center at index. The C–TPAT Program Estimated Total Annual Burden 877–227–5511, (TTY) 1–800–877–8339, application requests an applicant’s Hours: 100. or CBP website at https://www.cbp contact and business information, Dated: March 14, 2019. .gov/. including the number of company Seth D. Renkema, SUPPLEMENTARY INFORMATION: CBP employees, the number of years in invites the general public and other business, and a list of company officers. Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection. Federal agencies to comment on the This collection of information is proposed and/or continuing information authorized by the SAFE Port Act (Pub. [FR Doc. 2019–05384 Filed 3–20–19; 8:45 am] collections pursuant to the Paperwork L. 109–347). BILLING CODE 9111–14–P Reduction Act of 1995 (44 U.S.C. 3501 The Trusted Trader Program involves et seq.). This process is conducted in a unification of supply chain security DEPARTMENT OF HOMELAND accordance with 5 CFR 1320.8. Written aspects of the C–TPAT Program and the SECURITY comments and suggestions from the internal controls of the Importer Self- public and affected agencies should Assessment (ISA) Program to integrate Federal Emergency Management address one or more of the following supply chain security and trade Agency four points: (1) Whether the proposed compliance. The Trusted Trader collection of information is necessary Program strengthens security by [Docket ID FEMA–2014–0005] for the proper performance of the leveraging the C–TPAT supply chain functions of the agency, including requirements and validation, identifying Individual Assistance Declarations whether the information will have low-risk trade entities for supply chain Factors Guidance practical utility; (2) the accuracy of the security and trade compliance, and AGENCY: Federal Emergency agency’s estimate of the burden of the increasing the overall efficiency of trade Management Agency, DHS. proposed collection of information, by segmenting risk and processing by ACTION: Notice. including the validity of the account. The Trusted Trader Program methodology and assumptions used; (3) applies to importer participants who SUMMARY: This document provides suggestions to enhance the quality, have satisfied C–TPAT supply chain notice of the availability of the final

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Individual Assistance Declarations Disaster final rule, which is published in the guidance correlating each Factors Guidance. The Federal elsewhere in today’s Federal Register. Individual Assistance program with the Emergency Management Agency Several comments were specific to the factors that FEMA will consider when (FEMA) published a notice of guidance document and are discussed evaluating a Governor’s request for a availability and request for comment for below. major disaster declaration authorizing the proposed guidance on September One commenter suggested that Table such program. States may use this table 22, 2016. 2: Number of IA Requests and Granted to better understand how the new IA DATES: This policy is effective on June IA Requests by ICC Ratio could be declaration factors align with the 1, 2019. broken up from a 10–25 range into 10– various IA programs. 15, 15–20 and 20–25 ranges for the A commenter requested that FEMA ADDRESSES: This final guidance is available online at http:// future. FEMA believes that the ICC include a statement that not all of the IA www.regulations.gov and on FEMA’s ratios should not be stratified any programs will be available as soon as a further at this point. Any further major disaster is declared. FEMA added website at http://www.fema.gov. The stratification is likely to be incorrectly a clarifying statement to the guidance proposed and final guidance, all related viewed as a threshold by the States that authorization of Individual Federal Register Notices, and all public which is not what FEMA intended ICC Assistance programs under a major comments received during the comment to be used for. FEMA is providing this disaster declaration means that such period are available at http:// information to States as a historical programs are available for the State. www.regulations.gov under docket ID reference to help guide States for FEMA further clarified that a State may FEMA–2014–0005. You may also view a planning in future disaster situations. be required to submit an additional hard copy of the final guidance at the FEMA will update the table as necessary application or additional information Office of Chief Counsel, Federal to provide trends and historic data to post major disaster declaration to Emergency Management Agency, Room the States in a timely manner to guide determine which IA programs are 8NE, 500 C Street SW, Washington, DC States on what level of damage they necessary, the scope of each IA program, 20472. should likely be prepared to handle on or the amount of each IA program FOR FURTHER INFORMATION CONTACT: their own without supplemental Federal funding. Mark Millican, Federal Emergency assistance. However, it should be noted Another commenter requested that Management Agency, 500 C Street SW, that there are various other FEMA clarify that the Transportation Washington, DC 20472, (phone) 202– circumstances and factors that may Infrastructure and Utilities sub-factor to 212–3221 or (email) FEMA-IA- impact the President’s determination of the Impact to Community Infrastructure [email protected]. whether a major disaster declaration is factor encompasses private roads, SUPPLEMENTARY INFORMATION: necessary that are not captured in the bridges, and tunnels as well as public roads, bridges, and tunnels. The Background ICC ratio. Another commenter suggested that commenters felt that this clarification Section 1109 of the Sandy Recovery FEMA modify Table 1: Estimated Cost would address situations in rural or Improvement Act of 2013 requires of Assistance to Declaration Decision other areas where a private road allows FEMA, in cooperation with State, local, Comparative, to use a 50 percent individuals access to publicly owned and Tribal emergency management benchmark instead of the breakdown of transportation infrastructure. FEMA agencies, to review, update, and revise $7.5 million or more, $1.5 to $7.5 agrees with the commenter that this through rulemaking the factors found at million, and $1.5 million or less. FEMA clarification was needed and made the 44 CFR 206.48(b) that FEMA uses to has also declined to use a 50 percent requested change to the guidance determine whether to recommend benchmark because we feel that the document. provision of Individual Assistance three different benchmarks are more A commenter proposed that FEMA during a major disaster. On November helpful to States for planning purposes. should use metropolitan statistical areas 12, 2015, FEMA published a notice of A 50 percent benchmark may inevitably or census tract-level data instead of proposed rulemaking (NPRM) proposing lead to certain individuals or States use county-level data to identify per capita to implement the requirements of that benchmark as a hard threshold income or the true impact to a local area section 1109. 80 FR 70116. On which FEMA seeks to avoid. In and the communities within it. Major September 22, 2016, FEMA sought addition, it should be noted that there disasters are generally declared by the comment on its proposed Individual are various other circumstances and President on the county or parish level Assistance Declarations Factors factors that may impact the President’s for ease of administration because Guidance, which is intended to provide determination of whether a major county- or parish-level designations additional information to the public disaster declaration is necessary that are clearly delineate which areas within a regarding the manner in which FEMA is not captured in the single data point of State are or are not eligible for proposing to evaluate a request for a the estimated cost of assistance. supplemental Federal assistance. major disaster declaration authorizing One commenter asked whether the Census tracts are not as well known by Individual Assistance. 81 FR 65369. factors were weighted differently disaster survivors. FEMA has chosen to depending on the IA program. In continue to use county-level data to Public Comments on the Proposed addition, they suggested casualties match with how disasters are declared. Guidance should have a higher weight for a However, a State is always welcome to FEMA received 23 comments on the program such as Crisis Counseling. With provide any additional relevant proposed Individual Assistance respect to IA programs other than IHP, information at the census tract level, or Declarations Factors Guidance. The FEMA has not identified a formula at any other level, if such information majority of the comments were similar to the ICC approach described illustrates the disaster impacted local duplicative of comments that were elsewhere in the guidance. Instead, area or community in a different light received on the NPRM and are FEMA considers the factors holistically than the county-level data. addressed in the Factors Considered to determine which IA programs would A commenter requested clarification When Evaluating a Governor’s Request best suit the needs of a community after of what a reasonable commuting for Individual Assistance for a Major a disaster. In addition, there is a table distance from the impacted area was for

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rental resources under the State, Tribal, disruption lasts for more than 72 hours. of whether or not to request a joint and Local Government; Non- With respect to impact of the disaster on FEMA-State preliminary damage Governmental Organizations (NGO); and life-saving and life-sustaining services, assessment. Currently, the estimated Private Sector Activity sub-factor for the FEMA is specifically seeking cost of assistance is calculated by FEMA Resource Availability factor. Reasonable information on disruption to services during completion of the joint FEMA- commuting distance is defined in such as, but not limited to, police, fire/ State preliminary damage assessment. regulation at 44 CFR 206.111 as a EMS, hospital/medical, sewage, and Previously, FEMA was not consistent in distance that does not place undue water treatment services because sharing the results of the estimated cost hardship on an applicant. The prolonged disruption may affect the of assistance with the affected States. regulatory definition also takes into viability of a community and necessitate FEMA clarified in the guidance that it consideration the traveling time survivor relocation. Regarding the would provide the estimated cost of involved due to road conditions, e.g., impact of the disaster on transportation assistance to the State during and after mountainous regions or bridges out and infrastructure and utilities, FEMA is the preliminary damage assessment. the normal commuting patterns of the seeking information on the number of Regarding the calculations, that is area. roads, bridges, tunnels, and public beyond the scope of the Individual Another commenter stated that the transit closures and utility outages of Assistance Declarations Factors Disaster Impacted Population Profile water, power, sewage, and gas that last guidance and is more appropriately factor violates Section 308 of the longer than 72 hours. A State is considered in any potential future Stafford Act and recommended that welcome to provide any additional updates to the preliminary damage FEMA exclude this factor. Section 308 information that highlights the impact assessment guidance and materials. of the Stafford Act covers of the disaster on the State and local A commenter to the proposed nondiscrimination in disaster assistance community infrastructure. guidance recommended that FEMA and states that activities shall be A commenter stated that FEMA include in the regulation and guidance accomplished in an equitable and should exclude the ‘‘casualties’’ factor sub-factors related to the number of impartial manner, without or explain how it is weighted. FEMA rental units impacted, the degree of discrimination on the grounds of race, does not believe that it is appropriate to damage, the percent of disaster color, religion, nationality, sex, age, exclude the casualties factor because it impacted rental units occupied by disability, English proficiency, or is an important factor to help determine persons of low and moderate income, economic status. FEMA notes that in the the level of trauma that a community and other similar data. FEMA has current practice and regulation, FEMA and State suffered from a disaster. A declined to include this sub-factor considers how a disaster impacts large amount of injured, missing, or because during the disaster response ‘‘special populations’’ such as low- deceased individuals can indicate a phase it may be hard to capture this income, the elderly, or the unemployed, heightened need for supplemental granularity of detail especially the and whether such populations may have Federal assistance because casualties are percent of disaster impacted rental units a greater need for assistance. 44 CFR indicative of the level of trauma in the occupied by persons of low and 206.48(b)(3). FEMA believes that it is disaster affected areas. Regarding the moderate income. If a State is able to important to consider how disasters weight given to the casualties factor, collect this level of detailed data during may disproportionality have a negative FEMA has not assigned any percentage the preliminary damage assessment impact on certain populations. For or given weight to the factor. FEMA phase they are welcome to provide this instance, a disaster may considers casualties holistically along information and FEMA will consider it disproportionality impact individuals with the other factors in the final rule when evaluating the State’s request for who are 65 years or older because they to determine the need of supplemental supplemental Federal assistance. may live on a fixed income with less Federal assistance for a State and local Changes to the Proposed Guidance disposable income and therefore may community. have a difficult time paying for repairs A commenter recommended that FEMA made four changes to the to a disaster damaged home. FEMA move the table that correlates proposed guidance based on comments Information on the percentage of the each IA program to the factors received on both the NPRM and the population that are non-English considered earlier in the guidance as proposed guidance. First, as discussed speaking assists FEMA in structuring well as add a column with a tentative above, FEMA added a clarifying their outreach efforts to ensure that any timeline for each IA program. FEMA statement that a major disaster messaging is conducted in the declined to move table earlier in the declaration merely authorizes appropriate language for the disaster document because it is important to Individual Assistance; additional impacted population. have an understanding of the factors applications or additional information Another comment stated that with considered in evaluating the need for a are required to determine the program respect to the Impact to Community major disaster authorizing IA before scope or program funding amount. Infrastructure factor, FEMA should associating each factor with the Second, also as discussed above, FEMA define what ‘‘impact’’ to community applicable IA program. In addition, clarified that it will evaluate the impact infrastructure means, and what a FEMA has declined to add a tentative of the disaster on both private and ‘‘significant’’ disruption is. The timeline because the timeline of the IA public roads under the ‘‘Transportation commenter also requested that FEMA programs varies from disaster to disaster Infrastructure and Utilities’’ sub-factor provide additional guidance regarding based on numerous factors such as the in the ‘‘Impact to Community how it would assess this factor. For size and scope of the recovery. Infrastructure’’ factor. Third, as purposes of evaluating the impact of a A commenter asked that FEMA discussed the in the final rule preamble, major disaster on a community’s include in the guidance the calculations FEMA removed the ‘‘Planning After infrastructure, FEMA considers any that are used to determine the estimated Prior Disasters’’ and the ‘‘State covered activity (such as search and cost of assistance so that States can do Services’’ sub-factors in the ‘‘Resource rescue) or disruption (such as power the calculation themselves based on Availability’’ factor based on comments loss) to be sufficiently significant to fall local and State level damage received on the NPRM. Fourth, as under this factor if that activity or assessments to assist in their evaluation discussed above in the Public

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Comments on the Proposed Guidance with the standards for the equipment. In through the use of information section FEMA clarified that it would turn, first responders at local, tribal, technology. Please note that written provide the estimated cost of assistance state, and federal levels across multiple comments received in response to this to the State during and after the disciplines including law enforcement, notice will be considered public Preliminary Damage Assessment. fire, and emergency medical services records. Finally, FEMA also made changes to the personnel, will use this information to Title of Collections: Project 25 (P25) two tables that are found in the identify P25 compliant communications Compliance Assessment Program (CAP): guidance document based on an system products. The P25 CAP Program Supplier’s Declaration of Compliance updated data set that was used in the Manager performs a simple (SDoC) (DHS Form 10044 (6/08) and final rule. administrative review to ensure the Summary Test Report (STR) (DHS Form The final guidance does not have the documentation is complete and accurate 10056 (9/08)). force or effect of law. in accordance with the current P25 CAP Type of Review: Renewal of an Authority: Pub. L. 113–2. processes. information collection. DATES: Comments are encouraged and Respondents/Affected Public: Federal, Peter Gaynor, accepted until May 20, 2019. State, Local, and Tribal Governments. Deputy Administrator, Federal Emergency ADDRESSES: You may submit comments, Frequency of Collections: The SDOC Management Agency. identified by docket number DHS– is once per month and the STR is once [FR Doc. 2019–05396 Filed 3–20–19; 8:45 am] 2018–0073, at: annually. BILLING CODE 9111–23–P • Federal eRulemaking Portal: http:// Average Burden per Response: 60 www.regulations.gov. Please follow the minutes. instructions for submitting comments. Total Estimated Number of Annual DEPARTMENT OF HOMELAND • Mail and hand delivery or Responses: 156. SECURITY commercial delivery: Science and Total Estimated Number of Annual Burden Hours: 156. [Docket No.: DHS–2018–0073] Technology Directorate, ATTN: Chief Information Office—Mary Cantey, 245 Dated: March 6, 2019. Project 25 Compliance Assessment Murray Drive, Mail Stop 0202, Rick Stevens, Program (P25 CAP) Washington, DC 20528. Chief Information Officer, Science and Instructions: All submissions received Technology Directorate. AGENCY: Science and Technology must include the agency name and Directorate, Department of Homeland [FR Doc. 2019–05395 Filed 3–20–19; 8:45 am] docket number DHS–2018–0073. All BILLING CODE 9110–9F–P Security. comments received will be posted ACTION: 60-Day notice of information without change to http:// collection; request for comment. www.regulations.gov, including any DEPARTMENT OF HOMELAND (Extension of a currently approved personal information provided. Please SECURITY collection, 1640–0015). note that comments submitted by fax or Transportation Security Administration SUMMARY: The Department of Homeland email and those submitted after the Security (DHS) invites the general comment period will not be accepted. Docket: For access to the docket to Intent To Request Approval From OMB public to comment on updated data of One New Public Collection of collection forms for DHS Science and read background documents or comments received, go to http:// Information: Surface Transportation Technology (S&T) Directorate’s Project Stakeholder Survey 25 (P25) Compliance Assessment www.regulations.gov. Program (CAP): Supplier’s Declaration FOR FURTHER INFORMATION CONTACT: AGENCY: Transportation Security of Compliance (SDoC) (DHS Form 10044 DHS/S&T System Owner: Sridhar Administration, DHS. (6/08)) and an accompanying Summary Kowdley, Sridhar.kowdley@ ACTION: 60-Day notice. Test Report (STR) (DHS Form 10056 (9/ HQ.DHS.GOV, (202) 254–8804 (Not a 08)). The collections are posted on the toll free number). SUMMARY: The Transportation Security dhs.gov website (https://www.dhs.gov/ SUPPLEMENTARY INFORMATION: DHS, in Administration (TSA) invites public science-and-technology/p25-cap). The accordance with the PRA (6 U.S.C. 193), comment on a new Information attacks of September 11, 2001, and the provides the general public and Federal Collection Request (ICR) abstracted destruction of Hurricane Katrina made agencies with an opportunity to below that we will submit to the Office apparent the need for emergency comment on proposed, revised, and of Management and Budget (OMB) for response radio systems that can continuing collection of information. approval in compliance with the interoperate, regardless of which DHS is soliciting comments on the Paperwork Reduction Act (PRA). The organization manufactured the proposed information collection request ICR describes the nature of the equipment. Per congressional direction, (ICR) that is described below. The information collection and its expected DHS and the National Institute of Department of Homeland Security is burden. The collection involves the Standards and Technology (NIST) especially interested in public comment submission of information via a survey developed the P25 CAP to improve the addressing the following issues: (1) Is regarding resource challenges, including emergency response community’s this collection necessary to the proper the availability of Federal funding, confidence in purchasing land mobile functions of the Department; (2) will associated with securing surface radio (LMR) equipment built to P25 this information be processed and used transportation assets. LMR standards. Equipment suppliers in a timely manner; (3) is the estimate DATES: Send your comments by May 20, provide the information to publicly of burden accurate; (4) how might the 2019. attest to their products’ compliance with Department enhance the quality, utility, ADDRESSES: Comments may be emailed a specific set of P25 standards. The and clarity of the information to be to [email protected] or delivered to SDoC, and its STR, which substantiates collected; and (5) how might the the TSA PRA Officer, Information the declaration, constitutes a company’s Department minimize the burden of this Technology (IT), TSA–11, formal, public attestation of compliance collection on the respondents, including Transportation Security Administration,

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601 South 12th Street, Arlington, VA authority, TSA is the Federal agency this one-time collection is 1,282.8 20598–6011. responsible for ‘‘assess[ing] the security hours. of each surface transportation mode and FOR FURTHER INFORMATION CONTACT: Use of Results Christina A. Walsh at the above address, evaluat[ing] the effectiveness and or by telephone (571) 227–2062. efficiency of current Federal The information collected in this one- SUPPLEMENTARY INFORMATION: Government surface transportation time survey will be used as follows: security initiatives.’’ 2 1. To develop a baseline Comments Invited Section 1983 of the FAA understanding of surface transportation In accordance with the Paperwork Reauthorization Act of 2018 (H.R. 302, operators’ security budgets and of the Reduction Act of 1995 (44 U.S.C. 3501 Pub. L. 115–254, 132 Stat. 3186, Oct. 5, gap, if any, between available funding et seq.), an agency may not conduct or 2018) (the ‘‘Act’’) directs the Secretary and stakeholders’ perceived security sponsor, and a person is not required to of Homeland Security to conduct a needs. respond to, a collection of information survey 3 of public and private 2. To identify resources across the unless it displays a valid OMB control stakeholders responsible for securing Department available to stakeholders to number. The ICR documentation will be surface transportation assets regarding address any identified security available at http://www.reginfo.gov resource challenges including unmet vulnerabilities. upon its submission to OMB. Therefore, security needs. The Act also requires 3. To report to leadership in TSA, in preparation for OMB review and reporting to the appropriate DHS, and Congress on those resource approval of the following information congressional committees regarding the needs, in order to inform future Federal collection, TSA is soliciting comments survey results and the efforts of DHS to budget formulation and grant making to— address any identified security decisions. (1) Evaluate whether the proposed vulnerabilities. 4. To inform TSA’s development of information requirement is necessary for The Federal Emergency Management security strategies, priorities, and the proper performance of the functions Agency (FEMA) is the fiduciary agent programs, as well as stakeholder of the agency, including whether the and Federal awarding agency for grant outreach efforts, that ensure the most information will have practical utility; funding appropriate to DHS for surface effective application of available (2) Evaluate the accuracy of the transportation security enhancements. resources. agency’s estimate of the burden; As memorialized in a memorandum of Dated: March 15, 2019. (3) Enhance the quality, utility, and understanding between FEMA and TSA, Christina A. Walsh, clarity of the information to be TSA supports the grant process for TSA Paperwork Reduction Act Officer, collected; and surface transportation through Information Technology. (4) Minimize the burden of the numerous activities, including collection of information on those who [FR Doc. 2019–05394 Filed 3–20–19; 8:45 am] stakeholder outreach and soliciting BILLING CODE 9110–05–P are to respond, including using feedback for program improvements appropriate automated, electronic, from surface transportation security mechanical, or other technological partners. DEPARTMENT OF THE INTERIOR collection techniques or other forms of Consistent with the above authorities information technology. and agreements with FEMA, TSA is [FWS–R4–ES–2019–N028; Consistent with the requirements of now seeking approval to conduct the FVHC98220410150–XXX–FF04H00000] Executive Order (E.O.) 13771, Reducing survey. TSA estimates that 641 industry Deepwater Horizon Oil Spill Final Regulation and Controlling Regulatory stakeholders will submit a response to Restoration Plan 1 and Environmental Costs, and E.O. 13777, Enforcing the the survey, which will take Assessment, and Finding of No Regulatory Reform Agenda, TSA is also approximately 2 hours to complete. TSA Significant Impact; Florida Trustee requesting comments on the extent to estimates the total annual burden for which this request for information could Implementation Group be modified to reduce the burden on Transportation and the Under Secretary of AGENCY: Department of the Interior. respondents. Transportation for Security, to the Secretary of Homeland Security. Pursuant to Department of ACTION: Notice of availability. Information Collection Requirement Homeland Security (DHS) Delegation Number SUMMARY: In accordance with the Oil Purpose and Description of Data 7060.2, the Secretary delegated to the Administrator, subject to the Secretary’s guidance Pollution Act of 1990 (OPA), the Collection and control, the authority vested in the Secretary National Environmental Policy Act The Transportation Security with respect to TSA, including that in sec. 403(2) of the HSA. (NEPA), the Deepwater Horizon Oil Administration (TSA) has broad 2 See Executive Order (E.O.) 13416, section 3(a) Spill Final Programmatic Damage statutory authority for ‘‘security in all (Dec. 5, 2006); 49 U.S.C. 114(d)(3) and (4). Assessment and Restoration Plan and modes of transportation . . . including 3 The provision reads: Final Programmatic Environmental security responsibilities . . . over (a) In General.—Not later than 120 days after the Impact Statement (Final PDARP/PEIS), modes of transportation that are date of enactment of this Act, the Secretary shall and the Consent Decree, the Federal and begin conducting a survey of public and private exercised by the Department of stakeholders responsible for securing surface State natural resource trustee agencies 1 Transportation.’’ Consistent with this transportation assets regarding resource challenges, for the Florida Trustee Implementation including the availability of Federal funding, Group (FL TIG) have prepared the Final 1 See section 101 of the Aviation and associated with securing such assets that provides Restoration Plan 1 and Environmental Transportation Security Act (ATSA), Public Law an opportunity for respondents to set forth 107–71, 115 Stat. 597 (Nov. 19, 2001), codified at information on specific unmet needs. Assessment: Habitat Projects on 49 U.S.C. 114 (ATSA created TSA and established (b) Report.—Not later than 120 days after Federally Managed Lands; Nutrient the agency’s primary federal role to enhance beginning the survey required under subsection (a), Reduction; Water Quality; and Provide security for all modes of transportation). Section the Secretary shall report to the appropriate and Enhance Recreational 403(2) of the Homeland Security Act of 2002 (HSA), committees of Congress regarding the results of Public Law 107–296, 116 Stat. 2135 (Nov. 25, 2002), such survey and the Department of Homeland Opportunities (RP1/EA) and a Finding transferred all functions related to transportation Security’s efforts to address any identified security of No Significant Impact (FONSI). The security, including those of the Secretary of vulnerabilities. Final RP1/EA describes the restoration

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project alternatives considered by the implement a plan for the restoration, Background FL TIG intended to continue the process rehabilitation, replacement, or On November 4, 2016, the FL TIG of restoring natural resources and acquisition of the equivalent of the posted a public notice at http:// services injured or lost as a result of the injured natural resources under their www.gulfspillrestoration.noaa.gov Deepwater Horizon oil spill, which trusteeship, including the loss of use requesting new or revised natural occurred on or about April 20, 2010, in and services from those resources from resource restoration project ideas by the Gulf of Mexico. The FL TIG the time of injury until the time of December 5, 2016, for the Florida evaluated these alternatives under restoration to baseline (the resource Restoration Area. The notice stated that criteria set forth in the OPA natural quality and conditions that would exist the FL TIG was seeking project ideas for resource damage assessment (NRDA) if the spill had not occurred) is the following Restoration Types: (1) regulations and evaluated the complete. Habitat Projects on Federally Managed environmental consequences of the The Deepwater Horizon Trustees are: Lands; (2) Nutrient Reduction; (3) Water • restoration alternatives in accordance U.S. Department of the Interior Quality; and (4) Provide and Enhance with NEPA. The purpose of this notice (DOI), as represented by the National Recreational Opportunities. is to inform the public of the availability Park Service, U.S. Fish and Wildlife On September 29, 2017, the FL TIG of the Final RP1/EA. Service, and Bureau of Land announced that it had initiated drafting ADDRESSES: Obtaining Documents: You Management; of its first post-settlement draft • may download the Final RP1/EA from National Oceanic and Atmospheric restoration plan, and that the first plan either of the following websites: Administration (NOAA), on behalf of would include restoration projects for • http://www.gulfspillrestoration the U.S. Department of Commerce; Habitat Projects on Federally Managed • U.S. Department of Agriculture .noaa.gov Lands; Nutrient Reduction; Water • http://www.doi.gov/ (USDA); Quality; and Provide and Enhance • U.S. Environmental Protection deepwaterhorizon/adminrecord Recreational Opportunities. Alternatively, you may request a CD Agency (EPA); The project submissions received • State of Louisiana Coastal of the Final RP1/EA (see FOR FURTHER through this process, along with projects Protection and Restoration Authority, INFORMATION CONTACT). previously submitted during prior Oil Spill Coordinator’s Office, FOR FURTHER INFORMATION CONTACT: restoration planning processes, resulted Department of Environmental Quality, in the alternatives evaluated in the Draft Nanciann Regalado, via email at Department of Wildlife and Fisheries, [email protected], via RP1/EA. and Department of Natural Resources; The FL TIG released the Draft RP1/EA telephone at 678–296–6805, or via the • State of Mississippi Department of on September 20, 2018. Notice of Federal Relay Service at 800–877–8339. Environmental Quality; availability of the Draft RP1/EA was SUPPLEMENTARY INFORMATION: • State of Alabama Department of published in the Federal Register on Introduction Conservation and Natural Resources and October 9, 2018 (83 FR 50679). The Geological Survey of Alabama; Draft RP1/EA provided the FL TIG’s On April 20, 2010, the mobile • State of Florida Department of analysis of alternatives that would meet offshore drilling unit Deepwater Environmental Protection and Fish and the Trustees’ goals to restore and Horizon, which was being used to drill Wildlife Conservation Commission; and conserve habitat, restore water quality, a well for BP Exploration and • State of Texas: Texas Parks and and provide and enhance recreational Production, Inc. (BP), in the Macondo Wildlife Department, Texas General opportunities under OPA and NEPA, prospect (Mississippi Canyon 252– Land Office, and Texas Commission on and identified the alternatives that were MC252), experienced a significant Environmental Quality. proposed as preferred for explosion, fire, and subsequent sinking The Trustees reached and finalized a implementation. The FL TIG provided in the Gulf of Mexico, resulting in an settlement of their natural resource the public with 99 days to review and unprecedented volume of oil and other damage claims with BP in an April 4, comment on the Draft RP1/EA. To discharges from the rig and from the 2016, Consent Decree approved by the facilitate public understanding of the wellhead on the seabed. The Deepwater U.S. District Court for the Eastern document, the FL TIG held a public Horizon oil spill is the largest off shore District of Louisiana. Pursuant to that meeting in Tallahassee on October 2, oil spill in U.S. history, discharging Consent Decree, restoration projects in 2018, and a public webinar on millions of barrels of oil over a period the Florida Restoration Area are now December 13, 2018, and accepted public of 87 days. In addition, well over 1 selected and implemented by the comments during both the meeting and million gallons of dispersants were Florida Trustee Implementation Group the webinar. The FL TIG considered the applied to the waters of the spill area in (TIG). The FL TIG is composed of the public comments received, which an attempt to disperse the spilled oil. following Trustees: informed the FL TIG’s analysis of An undetermined amount of natural gas • U.S. Department of the Interior alternatives in the Final RP1/EA. A was also released into the environment (DOI), as represented by the National summary of the public comments as a result of the spill. Park Service, U.S. Fish and Wildlife received and the FL TIG’s responses to The Trustees conducted the natural Service, and Bureau of Land those comments are addressed in resource damage assessment (NRDA) for Management; Chapter 6 of the Final RP1/EA. the Deepwater Horizon oil spill under • National Oceanic and Atmospheric the Oil Pollution Act (OPA; 33 U.S.C. Administration (NOAA), on behalf of Overview of the FL TIG Final RP1/EA 2701 et seq.). Pursuant to OPA, Federal the U.S. Department of Commerce; The Final RP1/EA is being released in and State agencies act as trustees on • U.S. Department of Agriculture accordance with OPA, NRDA behalf of the public to assess natural (USDA); regulations found in the Code of Federal resource injuries and losses and to • U.S. Environmental Protection Regulations (CFR) at 15 CFR part 990, determine the actions required to Agency (EPA); and NEPA, the Consent Decree, and the compensate the public for those injuries • State of Florida Department of Final PDARP/PEIS. and losses. The OPA further instructs Environmental Protection and Fish and In the Final RP1/EA and FONSI, the the designated trustees to develop and Wildlife Conservation Commission. FL TIG selected 23 restoration projects

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to be funded. Specifically, the FL TIG The FL TIG determined that the natural resources and services injured or selected the following projects: restoration projects selected for funding lost as a result of the Deepwater Horizon will continue the process of restoring oil spill. The purpose of this notice is Habitat Projects on Federally Managed the natural resources injured or lost as to inform the public of the availability Lands a result of the Deepwater Horizon oil of the final Phase 2 RP/EA #1.1 and • Gulf Islands National Seashore spill. The total estimated cost for the 23 FONSI. (Florida) Night Sky Restoration (P&D), selected restoration projects is • ADDRESSES: Obtaining Documents: You Gulf Islands National Seashore $61,282,740. Additional restoration may download the Phase 2 RP/EA #1.1 (Florida) Beach and Dune Habitat planning for the Florida Restoration and FONSI from any of the following Protection, Area will continue. websites: • Gulf Islands National Seashore Administrative Record • http:// (Florida) Invasive Plant Removal, and • The documents comprising the www.gulfspillrestoration.noaa.gov St. Vincent National Wildlife • https://www.doi.gov/ Refuge Predator Control. Administrative Record for the Draft RP1/EA can be viewed electronically at deepwaterhorizon/adminrecord • http://www.la-dwh.com Nutrient Reduction http://www.doi.gov/deepwaterhorizon/ • Pensacola Bay and Perdido River adminrecord. Alternatively, you may request a CD of the Phase 2 RP/EA #1.1 and FONSI Watersheds—Nutrient Reduction, and Authority • Lower Suwannee River (see FOR FURTHER INFORMATION CONTACT). Watershed—Nutrient Reduction. The authority of this action is the Oil FOR FURTHER INFORMATION CONTACT: Pollution Act of 1990 (33 U.S.C. 2701 et Nanciann Regalado, via email at Water Quality seq.), and its implementing Natural [email protected], via • Carpenter Creek Headwaters Water Resource Damage Assessment telephone at 678–296–6805, or via the Quality Improvements, regulations found at 15 CFR part 990, Federal Relay Service at 800–877–8339. • Pensacola Beach Reclaimed Water and the National Environmental Policy SUPPLEMENTARY INFORMATION: System Expansion, Act of 1969 (42 U.S.C. 4321 et seq.). • Introduction Rattlesnake Bluff Road and Mary Josie Blanchard, Riverbank Restoration, On April 20, 2010, the mobile • Director of Gulf of Mexico Restoration, offshore drilling unit Deepwater Pensacola Bay Unpaved Roads Department of the Interior. Initiative (P&D), Horizon, which was being used to drill [FR Doc. 2019–05377 Filed 3–20–19; 8:45 am] • Alligator Lake Coastal Dune Lake a well for BP Exploration and Hydrologic Restoration, BILLING CODE 4333–15–P Production, Inc. (BP), in the Macondo • City of Port St. Joe Stormwater prospect (Mississippi Canyon 252– MC252), experienced a significant Improvements, DEPARTMENT OF THE INTERIOR • City of Carrabelle’s Lighthouse explosion, fire, and subsequent sinking Estates: Septic Tank Abatement Phase II, [FWS–R4–ES–2019–N027; in the Gulf of Mexico, resulting in an • Lower Suwannee National Wildlife FVHC98220410150–XXX–FF04H00000] unprecedented volume of oil and other Refuge Hydrologic Restoration (P&D), discharges from the rig and from the Deepwater Horizon Oil Spill Final and wellhead on the seabed. The Deepwater Phase 2 Restoration Plan/ • Lower Charlotte Harbor Flatwoods Horizon oil spill is the largest off shore Environmental Assessment #1.1: Hydrologic Restoration Initiative, Yucca oil spill in U.S. history, discharging Queen Bess Island Restoration and Pens Unit (P&D). millions of barrels of oil over a period Finding of No Significant Impact; of 87 days. In addition, well over 1 Provide and Enhance Recreational Louisiana Trustee Implementation million gallons of dispersants were Opportunities Group applied to the waters of the spill area in • Perdido River and Bay Paddle Trail, AGENCY: Department of the Interior. an attempt to disperse the spilled oil. • Carpenter Creek Headwaters Park ACTION: Notice of availability. An undetermined amount of natural gas Amenities, was also released into the environment • Gulf Islands National Seashore SUMMARY: In accordance with the Oil as a result of the spill. (Florida) Rehabilitation of Okaloosa Pollution Act (OPA), the National The Trustees conducted the natural Unit Recreational Facilities, Environmental Policy Act (NEPA), the resource damage assessment (NRDA) for • Joe’s Bayou Recreation Area Deepwater Horizon Oil Spill Final the Deepwater Horizon oil spill under Improvements, Programmatic Damage Assessment and the Oil Pollution Act (OPA; 33 U.S.C. • Topsail Hill Preserve State Park Restoration Plan and Final 2701 et seq.). Pursuant to OPA, Federal Improvements, Programmatic Environmental Impact and State agencies act as trustees on • Camp Helen State Park Statement (PDARP/PEIS), Record of behalf of the public to assess natural Improvements, Decision, and the Consent Decree, the resource injuries and losses and to • St. Andrews State Park Federal and State natural resource determine the actions required to Improvements, and trustee agencies for the Louisiana compensate the public for those injuries • St. Marks National Wildlife Refuge Trustee Implementation Group and losses. OPA further instructs the Coastal Trail Connection, Spring Creek (Louisiana TIG) have prepared a Final designated trustees to develop and to Port Leon. Phase 2 Restoration Plan/Environmental implement a plan for the restoration, The FL TIG also analyzed nine Assessment #1.1: Restoration of Queen rehabilitation, replacement, or additional alternatives, as well as a no Bess Island (Phase 2 RP/EA #1.1) and acquisition of the equivalent of the action alternative. In accordance with Finding of No Significant Impact injured natural resources under their NEPA, as part of the Final RP1/EA, the (FONSI). The Phase 2 RP/EA #1.1 trusteeship, including the loss of use Trustees issued a FONSI. The FONSI is describes the restoration project design and services from those resources from available in Appendix G of the Final alternatives considered by the Louisiana the time of injury until the time of RP1/EA. TIG to continue the process of restoring restoration to baseline (the resource

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quality and conditions that would exist Statement (Final PDARP/PEIS) provides Alternative 2B, for final design and if the spill had not occurred) is for TIGs to propose phasing restoration construction for Queen Bess Island complete. projects across multiple restoration restoration, to be funded under the The Deepwater Horizon Trustees are: plans. A TIG may propose funding a Birds restoration type allocation. • U.S. Department of the Interior planning phase (e.g., initial engineering, The Louisiana TIG also analyzed one (DOI), as represented by the National design, and compliance) in one plan for additional design alternative, as well as Park Service, U.S. Fish and Wildlife a conceptual project. This would allow a no action alternative in the Phase 2 Service, and Bureau of Land the TIG to develop information needed RP/EA #1.1. In accordance with NEPA, Management; to fully consider a subsequent as part of the Phase 2 RP/EA #1.1, the • National Oceanic and Atmospheric implementation phase of that project in Trustees issued a FONSI. The FONSI is Administration (NOAA), on behalf of a future restoration plan. In 2016, the available in Appendix E of the Phase 2 the U.S. Department of Commerce; Louisiana TIG included the Queen Bess RP/EA #1.1. • U.S. Department of Agriculture Island Restoration Project as a preferred The Louisiana TIG determined that (USDA); alternative to fund for engineering and the restoration project selected for final • U.S. Environmental Protection design (E&D) in a restoration plan design and funding will continue the Agency (EPA); entitled Louisiana Trustee process of restoring the natural • State of Louisiana Coastal Implementation Group Draft Restoration resources injured or lost as a result of Protection and Restoration Authority, Plan #1: Restoration of Wetlands, the Deepwater Horizon oil spill. The Oil Spill Coordinator’s Office, Coastal, and Nearshore Habitats; total estimated project cost for the Department of Environmental Quality, Habitat Projects on Federally Managed selected restoration project is Department of Wildlife and Fisheries, Lands; and Birds (Phase 1 RP #1). After $18,710,000. Additional restoration and Department of Natural Resources; approval, the Queen Bess Island planning for the Louisiana Restoration • State of Mississippi Department of Restoration Project began E&D. The Area will continue. Environmental Quality; Louisiana TIG then evaluated several Administrative Record • State of Alabama Department of design alternatives and prepared a draft Conservation and Natural Resources and Phase 2 RP/EA #1.1. The documents comprising the Geological Survey of Alabama; Notice of availability of the draft Administrative Record for the Phase 2 • State of Florida Department of Phase 2 RP/EA #1.1 was published on RP/EA #1.1 can be viewed electronically Environmental Protection and Fish and the Louisiana TIG website on December at http://www.doi.gov/ Wildlife Conservation Commission; and 7, 2018, and in the Federal Register and deepwaterhorizon/adminrecord. • State of Texas: Texas Parks and Louisiana State Register on December Authority Wildlife Department, Texas General 20, 2018 (83 FR 65360, Louisiana Land Office, and Texas Commission on Register Volume 44, No. 7). The draft The authority of this action is the Oil Environmental Quality. Phase 2 RP/EA #1.1 provided the Pollution Act of 1990 (33 U.S.C. 2701 et The Trustees reached and finalized a Louisiana TIG’s analysis of design seq.) and its implementing Natural settlement of their natural resource alternatives that would meet the Resource Damage Assessment damage claims with BP in an April 4, Trustees’ goal to replenish and protect regulations found at 15 CFR part 990 2016, Consent Decree approved by the living coastal and marine resources and the National Environmental Policy U.S. District Court for the Eastern under OPA and NEPA, and identified Act of 1969 (42 U.S.C. 4321 et seq.). District of Louisiana. Pursuant to that one design alternative that was Mary Josie Blanchard, Consent Decree, restoration projects in proposed as preferred for Director of Gulf of Mexico Restoration, the Louisiana Restoration Area are now implementation. The Louisiana TIG Department of the Interior. provided the public a comment period selected and implemented by the [FR Doc. 2019–05378 Filed 3–20–19; 8:45 am] Louisiana Trustee Implementation from December 7, 2018, through January BILLING CODE 4333–15–P Group (TIG). The Louisiana TIG is 22, 2019. The Louisiana TIG also hosted composed of the following Trustees: a public meeting on January 3, 2019, in • U.S. Department of the Interior Baton Rouge to facilitate public review DEPARTMENT OF THE INTERIOR (DOI), as represented by the National and comment. The Louisiana TIG Park Service, U.S. Fish and Wildlife considered the public comments [FWS–R4–ES–2019–N026; Service, and Bureau of Land received, which informed their analysis FVHC98220410150–XXX–FF04H00000] Management; and decision making, and finalized the • Deepwater Horizon Oil Spill Final National Oceanic and Atmospheric Phase 2 RP/EA #1.1. A summary of the Restoration Plan 1 and Environmental Administration (NOAA), on behalf of public comments received and the Assessment: Birds and Sturgeon, and the U.S. Department of Commerce; Louisiana TIG’s responses to those Finding of No Significant Impact; Open • U.S. Department of Agriculture comments are addressed in Section 7 of Ocean Trustee Implementation Group (USDA); the Phase 2 RP/EA #1.1. • U.S. Environmental Protection AGENCY: Department of the Interior. Overview of the LA TIG Final RP/EA Agency (EPA); and ACTION: Notice of availability. • State of Louisiana Coastal #1.1 Protection and Restoration Authority, The Phase 2 RP/EA #1.1 is being SUMMARY: In accordance with the Oil Oil Spill Coordinator’s Office, released in accordance with OPA, Pollution Act of 1990 (OPA), the Department of Environmental Quality, NRDA regulations found in the Code of National Environmental Policy Act Department of Wildlife and Fisheries, Federal Regulations (CFR) at 15 CFR (NEPA), the Deepwater Horizon Oil and Department of Natural Resources. part 990, NEPA, the Consent Decree, Spill Final Programmatic Damage and the Final PDARP/PEIS and Record Assessment and Restoration Plan and Background of Decision. Final Programmatic Environmental The Final Programmatic Damage In the Phase 2 RP/EA #1.1 and FONSI, Impact Statement (Final PDARP/PEIS), Assessment Restoration Plan and Final the Louisiana TIG selects one Record of Decision, and the Consent Programmatic Environmental Impact restoration alternative, Design Decree, the Federal natural resource

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trustee agencies for the Open Ocean designated trustees to develop and Background Trustee Implementation Group (Open implement a plan for the restoration, On March 31, 2017, the Open Ocean Ocean TIG) have prepared a Final rehabilitation, replacement, or TIG posted a public notice at http:// Restoration Plan 1 and Environmental acquisition of the equivalent of the www.gulfspillrestoration.noaa.gov Assessment (Final RP1/EA) and Finding injured natural resources under their requesting new or revised natural of No Significant Impact (FONSI). The trusteeship, including the loss of use resource restoration project ideas by Final RP1/EA describes the restoration and services from those resources from May 15, 2017, for the Open Ocean project alternatives for the Birds and the time of injury until the time of Restoration Area for the 2017–2020 Sturgeon restoration types considered restoration to baseline (the resource planning years. The notice stated that by the Open Ocean TIG to continue the quality and conditions that would exist the Open Ocean TIG was seeking project process of restoring natural resources if the spill had not occurred) is ideas for the following Restoration and services injured or lost as a result complete. Types: (1) Birds, (2) Sturgeon, (3) Sea of the Deepwater Horizon oil spill. The The Deepwater Horizon Trustees are: Turtles, (4) Marine Mammals, (5) Fish purpose of this notice is to inform the • U.S. Department of the Interior and Water Column Invertebrates, and (6) public of the availability of the Final (DOI), as represented by the National Mesophotic and Deep Benthic RP1/EA and FONSI. Park Service, U.S. Fish and Wildlife Communities. ADDRESSES: Obtaining Documents: You Service, and Bureau of Land On February 7, 2018, the Open Ocean may download the Final RP1/EA and Management; TIG announced that it had initiated FONSI from either of the following • National Oceanic and Atmospheric drafting of its first and second post- websites: Administration (NOAA), on behalf of settlement draft restoration plans; and • http://www.gulfspillrestoration the U.S. Department of Commerce; that the first plan would include .noaa.gov • U.S. Department of Agriculture restoration projects for Birds and • http://www.doi.gov/ (USDA); Sturgeon, while the second plan would deepwaterhorizon/adminrecord • U.S. Environmental Protection include restoration projects for Sea Alternatively, you may request a CD of Agency (EPA); Turtles, Marine Mammals, Fish and the Final RP1/EA and FONSI (see FOR • State of Louisiana Coastal Water Column Invertebrates, and FURTHER INFORMATION CONTACT). Protection and Restoration Authority, Mesophotic and Deep Benthic FOR FURTHER INFORMATION CONTACT: Oil Spill Coordinator’s Office, Communities. The project submissions received Nanciann Regalado, via email at Department of Environmental Quality, through this process, along with projects [email protected], via Department of Wildlife and Fisheries, previously submitted during prior telephone at 678–296–6805, or via the and Department of Natural Resources; • restoration planning processes, resulted Federal Relay Service at 800–877–8339. State of Mississippi Department of in the alternatives evaluated in the Draft SUPPLEMENTARY INFORMATION: Environmental Quality; • State of Alabama Department of RP1/EA. Introduction Conservation and Natural Resources and Notice of availability of the Draft RP1/ EA was published in the Federal On April 20, 2010, the mobile Geological Survey of Alabama; Register on October 9, 2018 (83 FR offshore drilling unit Deepwater • State of Florida Department of Environmental Protection and Fish and 50681). The Draft RP1/EA provided the Horizon, which was being used to drill Open Ocean TIG’s analysis of a well for BP Exploration and Wildlife Conservation Commission; and • State of Texas: Texas Parks and alternatives that would meet the Production, Inc. (BP), in the Macondo Trustees’ goal to replenish and protect prospect (Mississippi Canyon 252– Wildlife Department, Texas General Land Office, and Texas Commission on living coastal and marine resources MC252), experienced a significant under OPA and NEPA, and identified Environmental Quality. explosion, fire, and subsequent sinking the alternatives that were proposed as The Trustees reached and finalized a in the Gulf of Mexico, resulting in an preferred for implementation. The Open settlement of their natural resource unprecedented volume of oil and other Ocean TIG provided the public with 30 damage claims with BP in an April 4, discharges from the rig and from the days to review and comment on the 2016, Consent Decree approved by the wellhead on the seabed. The Deepwater Draft RP1/EA. The Open Ocean TIG also U.S. District Court for the Eastern Horizon oil spill is the largest off shore held two public webinars in October District of Louisiana. Pursuant to that oil spill in U.S. history, discharging 2018 to facilitate public understanding Consent Decree, restoration projects in millions of barrels of oil over a period of the document. The Open Ocean TIG of 87 days. In addition, well over 1 the Open Ocean Restoration Area are considered the public comments million gallons of dispersants were now selected and implemented by the received, which informed the Open applied to the waters of the spill area in Open Ocean Trustee Implementation Ocean TIG’s analysis of alternatives in an attempt to disperse the spilled oil. Group (TIG). The Open Ocean TIG is the Final RP1/EA. A summary of the An undetermined amount of natural gas composed of the following Federal public comments received and the Open was also released into the environment Trustees: • Ocean TIG’s responses to those as a result of the spill. U.S. Department of the Interior comments are addressed in Chapter 6 of The Trustees conducted the natural (DOI), as represented by the National the Final RP1/EA. resource damage assessment (NRDA) for Park Service, U.S. Fish and Wildlife the Deepwater Horizon oil spill under Service, and Bureau of Land Overview of the OO TIG Final RP1/EA the Oil Pollution Act (OPA; 33 U.S.C. Management; The Final RP1/EA is being released in 2701 et seq.). Pursuant to OPA, Federal • National Oceanic and Atmospheric accordance with OPA, NRDA and State agencies act as trustees on Administration (NOAA), on behalf of regulations found in the Code of Federal behalf of the public to assess natural the U.S. Department of Commerce; Regulations (CFR) at 15 CFR part 990, resource injuries and losses and to • U.S. Department of Agriculture NEPA, the Consent Decree, and the determine the actions required to (USDA); and Final PDARP/PEIS. compensate the public for those injuries • U.S. Environmental Protection In the Final RP1/EA and FONSI, the and losses. OPA further instructs the Agency (EPA). Open Ocean TIG selected the following

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three restoration projects from the Birds DATES: Comments should be submitted Frederick County and Sturgeon restoration types: by April 5, 2019. Oakland, 1902 Jefferson Pike, Knoxville, • Restoration of Common Loons in ADDRESSES: Comments may be sent via SG100003656 Minnesota, USA, U.S. Postal Service and all other carriers NEW YORK • Restoration of Black Terns in North to the National Register of Historic Albany County and South Dakota, and Places, National Park Service, 1849 C St. • Characterizing Gulf Sturgeon NW, MS 7228, Washington, DC 20240. Normanskill Farm, 5 Mill Rd., Albany, Spawning Habitat, Habitat Use and SG100003625 SUPPLEMENTARY INFORMATION: The Origins of Juvenile Sturgeon in the properties listed in this notice are being Chenango County Pearl and Pascagoula River Systems. considered for listing or related actions Willcox, Hazard Jr., Farm, 549 Co. Rd. 14, The Open Ocean TIG also analyzed in the National Register of Historic Earlville, SG100003626 three additional alternatives, as well as Places. Nominations for their Franklin County a no action alternative. In accordance consideration were received by the Hotel Saranac, 100 Main St., Saranac Lake, with NEPA, as part of the Final RP1/EA, National Park Service before March 9, SG100003627 the Trustees issued a FONSI. The 2019. Pursuant to Section 60.13 of 36 Montgomery County FONSI is available in Appendix E of the CFR part 60, written comments are Final RP1/EA. being accepted concerning the St. Johnsville Historic District, Generally E & The Open Ocean TIG determined that significance of the nominated properties W Main, N & S Division, Bridge, Lion, Falling, Monroe, Center, Kingsbury, the restoration projects selected for under the National Register criteria for funding will continue the process of Church, William, Hough & Sanders Sts., St. evaluation. Johnsville, SG100003628 restoring the natural resources injured Before including your address, phone or lost as a result of the Deepwater Onondaga County number, email address, or other Horizon oil spill. The total estimated personal identifying information in your North Salina Street Historic District cost for the three selected restoration (Boundary Increase), Portions of Ash, comment, you should be aware that projects is $16,000,000. Additional Butternut, Catawba, E Laurel, E Willow, your entire comment—including your restoration planning for the Open Ocean Pearl, & N Salina Sts.; E Belden & Gephardt personal identifying information—may Restoration Area will continue. Aves., Syracuse, BC100003623 be made publicly available at any time. Administrative Record While you can ask us in your comment Rensselaer County to withhold your personal identifying Rensselaer Society of Engineers House, 1501 The documents comprising the Sage Ave., Troy, SG100003629 Administrative Record for the Final information from public review, we RP1/EA can be viewed electronically at cannot guarantee that we will be able to Schoharie County http://www.doi.gov/deepwaterhorizon/ do so. Schoharie Village Historic District, Portions adminrecord. Nominations submitted by State of Main, Bridge, Fair, Grand, Orchard & Historic Preservation Officers: Prospect Sts., Fort Rd., Academy, Furman Authority & Sunset Drs., Birchez, Depot, Estenes, Mix COLORADO & Quilt Lns., Johnson, Knower & Shannon The authority of this action is the Oil Larimer County Aves., Schoharie, SG100003624 Pollution Act of 1990 (33 U.S.C. 2701 et Vroman, Col. Peter, House, 112 Covered seq.), and its implementing Natural Dunraven Cottage-Camp Dunraven, 898 Fish Bridge Rd., Schoharie, SG100003630 Resource Damage Assessment Creek Rd., Estes Park vicinity, regulations found at 15 CFR part 990, SG100003644 Ulster County and the National Environmental Policy Mineral County Ashokan Field Campus Historic District, 477 Beaverkill Rd., Olive Bridge, SG100003622 Act of 1969 (42 U.S.C. 4321 et seq.). Wagon Wheel Gap Fluorspar Mine and Mill Washington County Mary Josie Blanchard, (Mining Industry in Colorado, MPS), 1 Goose Creek Rd., Creede vicinity, Dresden District School No. 2, North Rd., Director of Gulf of Mexico Restoration, MP100003643 Department of the Interior. Clemons vicinity, SG100003631 [FR Doc. 2019–05379 Filed 3–20–19; 8:45 am] ILLINOIS Westchester County BILLING CODE 4310–15–P Cook County Robinwood Historic District, Tavano & Leaning Tower of Niles, The 6280 W Touhy Somerstown Rds., Ossining, SG100003632 Ave., Niles, SG100003645 PENNSYLVANIA DEPARTMENT OF THE INTERIOR Forum, The 318–328 E 43rd St., Chicago, SG100003646 Berks County National Park Service Edgar County Updike, John, Childhood Home, 117 [NPS–WASO–NRNHL–DTS#–27470; Philadelphia Ave., Shillington, Paris High School and Gymnasium, 309 S PPWOCRADI0, PCU00RP14.R50000] SG100003635 Main St., Paris, SG100003647 Philadelphia County National Register of Historic Places; Kane County Notification of Pending Nominations Oaks Cloister, 5829 Wissahickon Ave. & 3 Copley Hospital, 301 Weston Ave., Aurora, Lehman Ln., Philadelphia, SG100003636 and Related Actions SG100003648 WISCONSIN AGENCY: National Park Service, Interior. Lake County Jefferson County ACTION: Notice. Frederick, Louis, House, 19 W County Line Rd., Barrington Hills, SG100003649 Lake Mills Downtown Commercial Historic SUMMARY: The National Park Service is District, 102–131 E Lake, 113–203 W Lake, MARYLAND soliciting comments on the significance 103–211 N Main & 101–202 S Main Sts., of properties nominated before March 9, Baltimore County Lake Mills, SG100003634 2019, for listing or related actions in the Lime Kiln Bottom, 2177 Cromwell Bridge Owner objections have been received National Register of Historic Places. Rd., Parkville, SG100003655 for the following resources:

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CALIFORNIA FOR FURTHER INFORMATION CONTACT: On February 22, 2019, Silver Star Los Angeles County Robert Needham, Office of the General requested leave to file a reply in support Counsel, U.S. International Trade of its request for an advisory opinion. Mirlo Gate Lodge Tower, 4420 Via Valmonte, Palos Verdes Estates, SG100003633 Commission, 500 E Street SW, On February 27, 2019, iRobot argued Washington, DC 20436, telephone (202) that Silver Star’s request for leave Santa Clara County 708–5468. Copies of non-confidential should be denied, or alternatively, Air Base Laundry, 954 Villa St., Mountain documents filed in connection with this iRobot should be given leave to file the View, SG100003641 investigation are or will be available for attached sur-reply. Weilheimer, Julius, House, 938 Villa St., inspection during official business The Commission has determined that Mountain View, SG100003642 hours (8:45 a.m. to 5:15 p.m.) in the Silver Star’s request complies with the Additional documentation has been Office of the Secretary, U.S. requirements for institution of an received for the following resources: International Trade Commission, 500 E advisory opinion proceeding under ARIZONA Street SW, Washington, DC 20436, Commission Rule 210.79. The telephone (202) 205–2000. General Commission finds that proceeding Maricopa County information concerning the Commission requires sufficient factfinding to warrant Town and Country Scottsdale Residential may also be obtained by accessing its the delegation of the proceeding to an Historic District, 2218 N 72nd Pl. & 7307 internet server (https://www.usitc.gov). administrative law judge. Accordingly, E Cypress St., Scottsdale, AD09000694 The public record for this investigation the Commission has determined to Willo Historic District, 25 W. Wilshire Dr., may be viewed on the Commission’s institute an advisory opinion Phoenix, AD90002099 electronic docket (EDIS) at https:// proceeding and has referred Silver Star’s Pima County edis.usitc.gov. Hearing-impaired request to the Chief Administrative Law San Clemente Historic District, 3934 S Calle persons are advised that information on Judge to designate a presiding de Jardin, Tucson, AD04001156 this matter can be obtained by administrative law judge. The following Winterhaven Historic District, 3518 N Fox contacting the Commission’s TDD entities are named as parties to the Ave., Tucson, AD05001466 terminal on (202) 205–1810. proceeding: (1) Complainant iRobot; (2) Nomination submitted by Federal SUPPLEMENTARY INFORMATION: The respondent Silver Star; and (3) the Preservation Officer: Commission instituted an investigation Office of Unfair Import Investigations. The State Historic Preservation on May 23, 2017, based on a complaint The Commission has also determined to Officer reviewed the following filed by iRobot Corporation of Bedford, deny Silver Star’s request for leave to nomination and responded to the Massachusetts (‘‘iRobot’’). 82 FR 23593– file a reply in support of its advisory Federal Preservation Officer within 45 94. The complaint, as supplemented, opinion request. days of receipt of the nomination and alleged violations of section 337 of the The authority for the Commission’s supports listing the property in the Tariff Act of 1930, as amended, 19 determination is contained in section National Register of Historic Places. U.S.C. 1337, in the importation into the 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in part MICHIGAN United States, the sale for importation, and the sale within the United States 210 of the Commission’s Rules of Monroe County after importation of certain robotic Practice and Procedure (19 CFR part River Raisin Battlefield Site (Boundary vacuum cleaning devices and 210). Increase), 1403 E Elm Ave., Monroe components thereof that infringe certain By order of the Commission. vicinity, BC100003658 claims of, inter alia, U.S. Patent No. Issued: March 15, 2019. Authority: Section 60.13 of 36 CFR part 60. 9,038,233 (‘‘the ’233 patent’’). Id. The Katherine Hiner, Dated: March 11, 2019. Commission’s notice of investigation Acting Secretary to the Commission. named as a respondent, inter alia, Kathryn G. Smith, [FR Doc. 2019–05343 Filed 3–20–19; 8:45 am] Shenzhen Silver Star Intelligent Acting Chief, National Register of Historic BILLING CODE 7020–02–P Places/National Historic Landmarks Program. Technology Co., Ltd., of Shenzhen, [FR Doc. 2019–05358 Filed 3–20–19; 8:45 am] China (‘‘Silver Star’’). Id. at 23593. The Office of Unfair Import Investigations BILLING CODE 4312–52–P INTERNATIONAL TRADE did not participate in the investigation. COMMISSION Id. On November 30, 2018, the [Investigation Nos. 701–TA–592 and 731– INTERNATIONAL TRADE Commission found, inter alia, that TA–1400 (Final)] COMMISSION Silver Star violated section 337 with Plastic Decorative Ribbon From China [Investigation No. 337–TA–1057 (Advisory respect to the ’233 patent, and issued a Opinion Proceeding)] limited exclusion order (‘‘LEO’’) against, Determinations inter alia, Silver Star with respect to On the basis of the record 1 developed Certain Robotic Vacuum Cleaning claims 1, 10, 11, and 14–16 of the ’233 in the subject investigations, the United Devices and Components Thereof patent. 83 FR 63186–87. The States International Trade Such as Spare Parts; Institution of an Commission also issued cease and Commission(‘‘Commission’’) Advisory Opinion Proceeding desist orders (‘‘CDOs’’) against two of determines, pursuant to the Tariff Act of Silver Star’s customers, Hoover Inc. and AGENCY: U.S. International Trade 1930 (‘‘the Act’’), that an industry in the bObsweep, Inc., regarding those same Commission. United States is materially injured by claims. Id. ACTION: Notice. reason of imports of plastic decorative On January 30, 2019, Silver Star filed ribbon from China, provided for in SUMMARY: a request for an advisory opinion that Notice is hereby given that subheadings 3920.10.00; 3920.20.00; the U.S. International Trade eight of its products do not violate the Commission has determined to institute LEO and CDOs. On February 11, 2019, 1 The record is defined in sec. 207.2(f) of the an advisory opinion proceeding in the iRobot opposed the advisory opinion Commission’s Rules of Practice and Procedure (19 above-captioned investigation. request on numerous grounds. CFR 207.2(f)).

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3920.30.00; 3920.43.50; 3920.49.00; Issued: March 15, 2019. the importation into the United States, 3920.62.00; 3920.69.00; 3921.90.11; Katherine Hiner, sale for importation, and sale in the 3921.90.15; 3921.90.19; 3921.90.40; Acting Secretary to the Commission. United States after importation of 3926.90.99; 4601.99.90; 4602.90.00; [FR Doc. 2019–05344 Filed 3–20–19; 8:45 am] certain magnetic data storage tapes and 5404.90.00; 5609.00.30; 5609.00.40; BILLING CODE 7020–02–P cartridges that infringe one or more of 6307.90.98; and 9505.90.40 of the the asserted claims of U.S. Patent Nos. Harmonized Tariff Schedule of the 6,630,256 (‘‘the ’256 patent’’), 6,835,451 United States, that have been found by INTERNATIONAL TRADE (‘‘the ’451 patent’’), 7,011,899 (‘‘the ’899 the U.S. Department of Commerce COMMISSION patent’’), 6,462,905 (‘‘the ’905 patent’’), (‘‘Commerce’’) to be sold in the United and 6,783,094 (‘‘the ’094 patent’’). Id. States at less than fair value (‘‘LTFV’’), [Investigation No. 337–TA–1076] The notice of investigation named Sony and to be subsidized by the government Certain Magnetic Data Storage Tapes Corporation of Tokyo, Japan; Sony of China. and Cartridges Containing the Same Storage Media Solutions Corporation of Tokyo, Japan; Sony Storage Media Background (II); Notice of a Commission Determination To Review in Part a Manufacturing Corporation of Miyagi, The Commission, pursuant to sections Final Initial Determination Finding a Japan; Sony DADC US Inc. of Terre 705(b) and 735(b) of the Act (19 U.S.C. Violation of Section 337; and Schedule Haute, Indiana; and Sony Latin America 1671d(b) and 19 U.S.C. 1673d(b)), for Filing Written Submissions on the Inc. of Miami, Florida (collectively, instituted these investigations effective Issues Under Review and on Remedy, ‘‘Sony’’) as respondents. Id. The Office December 27, 2017, following receipt of Public Interest, and Bonding of Unfair Import Investigations (‘‘OUII’’) petitions filed with the Commission and was also named a party to the Commerce by Berwick Offray LLC, AGENCY: U.S. International Trade investigation. Id. Berwick, Pennsylvania. The final phase Commission. The Commission previously of the investigations was scheduled by ACTION: Notice. terminated the investigation as to the the Commission following notification ’094 patent and certain claims of the of preliminary determinations by SUMMARY: Notice is hereby given that ’905, ’256, ’451, and ’899 patents. Commerce that imports of plastic the U.S. International Trade Comm’n Notice (Apr. 17, 2018) (aff’g decorative ribbon from China were Commission (the ‘‘Commission’’) has Order No. 11); Comm’n Notice (July 9, subsidized within the meaning of determined to review in part the final 2018) (aff’g Order No. 17); Comm’n section 703(b) of the Act (19 U.S.C. initial determination (‘‘ID’’) of the Notice (July 27, 2018) (aff’g Order No. 1671b(b)) and sold at LTFV within the administrative law judge (‘‘ALJ’’), which 22). meaning of 733(b) of the Act (19 U.S.C. was issued on October 25, 2018. The ALJ held an evidentiary hearing 1673b(b)). Notice of the scheduling of FOR FURTHER INFORMATION CONTACT: Carl from June 25–29, 2018. On October 25, the final phase of the Commission’s P. Bretscher, Office of the General 2018, the ALJ issued his final ID, in investigations and of a public hearing to Counsel, U.S. International Trade which he found Sony in violation of be held in connection therewith was Commission, 500 E Street SW, Section 337 as to the ’256 and ’899 given by posting copies of the notice in Washington, DC 20436, telephone 202– patents, but not the ’905 or ’451 patents. the Office of the Secretary, U.S. 205–2382. Copies of non-confidential The ALJ recommended that the International Trade Commission, documents filed in connection with this Commission issue a limited exclusion Washington, DC, and by publishing the investigation are or will be available for order and cease and desist orders to notice in the Federal Register on August inspection during official business each of the Sony respondents. 30, 2018 (83 FR 44302). The hearing was hours (8:45 a.m. to 5:15 p.m.) in the The parties filed their respective held in Washington, DC, on December Office of the Secretary, U.S. petitions for review on November 9, 13, 2018, and all persons who requested International Trade Commission, 500 E 2018. The parties filed their respective the opportunity were permitted to Street SW, Washington, DC 20436, responses to the petitions on November appear in person or by counsel. Due to telephone 202–205–2000. General 20, 2018. the lapse in appropriations and ensuing information concerning the Commission Having reviewed the record in this cessation of Commission operations, all may also be obtained by accessing its investigation, including the ALJ’s orders import injury investigations conducted internet server (https://www.usitc.gov). and final ID, as well as the parties’ under authority of Title VII of the Tariff The public record for this investigation petitions and responses thereto, the Act of 1930 accordingly have been may be viewed on the Commission’s Commission has determined to review tolled pursuant to 19 U.S.C 1671d(b)(2), Electronic Docket Information System the final ID in part, as follows. 1673d(b)(2). A revised schedule was (‘‘EDIS’’) (https://edis.usitc.gov). With regard to the ’256 patent, the published on February 8, 2019 (84 FR Hearing-impaired persons are advised Commission has determined to review 2926). that information on this matter can be the ID’s finding that Fujifilm has The Commission made these obtained by contacting the satisfied the technical prong of the determinations pursuant to sections Commission’s TDD terminal, telephone domestic industry requirement. 705(b) and 735(b) of the Act (19 U.S.C. 202–205–1810. With regard to the ’899 patent, the 1671d(b) and 19 U.S.C. 1673d(b)). It SUPPLEMENTARY INFORMATION: The Commission has determined to review completed and filed its determinations Commission instituted this investigation the ID’s construction and application of in these investigations on March 15, on October 25, 2017, on a complaint the claimed ranges expressed in terms of 2019. The views of the Commission are filed by FUJIFILM Corporation of ‘‘per 6400 mm2’’ and related issues of contained in USITC Publication 4875 Tokyo, Japan and FUJIFILM Recording infringement and the technical prong of (March 2019), entitled Plastic Media U.S.A., Inc. of Bedford, domestic industry requirement. The Decorative Ribbon from China: Massachusetts (collectively, ‘‘Fujifilm’’). Commission has also determined to Investigation Nos. 701–TA–592 and 82 FR 49421–22 (Oct. 25, 2017). The review the ID’s findings as to whether 731–TA–1400 (Final). complaint alleges violations of 19 U.S.C. the asserted claims are invalid as By order of the Commission. 1337, as amended (‘‘Section 337’’), in obvious.

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With regard to the ’905 patent, the in the Sueoka reference (Japanese Patent affecting it or likely to do so. For Commission has determined to review Application No. 2001–273623); whether background, see Certain Devices for the ID’s findings regarding whether such an analysis was performed Connecting Computers via Telephone claim 3 of the patent is invalid as properly in this case; and whether the Lines, Inv. No. 337–TA–360, USITC anticipated or obvious. asserted claims are invalid as obvious Pub. No. 2843 (December 1994) The Commission has determined not over Sueoka in combination with such (Commission Opinion). to review the remaining findings in the an analysis or other knowledge in the If the Commission contemplates some ID. art. form of remedy, it must consider the The parties are asked to provide F. With regard to the ’899 patent, effects of that remedy upon the public additional briefing on the following explain whether a person skilled in the interest. The factors the Commission issues regarding the ’256, ’899, and ’905 art would have been motivated to will consider include the effect that an patents, with appropriate reference to combine Sueoka with the Aonuma exclusion order and/or cease-and-desist the applicable law and the existing reference (Japanese Patent Application order would have on: (1) The public evidentiary record. For each argument No. 2003–36520), particularly in view of health and welfare; (2) competitive presented, the parties’ submissions the different materials they use, and conditions in the U.S. economy; (3) U.S. should set forth whether and/or how whether the asserted claims are invalid production of articles that are like or that argument was presented and as obvious over Sueoka in combination directly competitive with those that are preserved in the proceedings before the with Aonuma. subject to investigation; and (4) U.S. ALJ, in conformity with the ALJ’s G. With regard to the ’905 patent, consumers. The Commission is Ground Rules (Order No. 2), with explain whether Sony has demonstrated therefore interested in receiving written citations to the record: by clear and convincing evidence that submissions that address the A. With regard to the ’256 patent, the LTO tapes previously sold by aforementioned public interest factors please identify any technical Fujifilm expressly or inherently in the context of this investigation. specifications, instructions from the practiced all of the limitations of claim If the Commission orders some form manufacturer, vendor specifications, or 3, and whether those private sales of remedy, the U.S. Trade any other evidence as to whether the constituted an on-sale bar for purposes Representative, as delegated by the sample LTO tapes tested by Fujifilm are of anticipation. President, has 60 days to approve or representative of other Fujifilm tapes in H. With respect to the ’905 patent, disapprove the Commission’s action. the same product generations. explain whether Sony has shown by See Presidential Memorandum of July B. With regard to the ’899 patent, clear and convincing evidence that the 21, 2005. 70 FR 43251 (July 26, 2005). please explain how a person skilled in McAllister-I patent (U.S. Patent No. During this period, the subject articles the art would construe the claimed 5,901,916) expressly or inherently would be entitled to enter the United projection densities expressed in terms discloses the relative gear sizes recited States under bond, in an amount of ‘‘per 6400 mm2’’ in the context of the in claim 3, and whether the McAllister- determined by the Commission and patent. I patent anticipates claim 3. If there is prescribed by the Secretary of the C. Using your claim construction in no anticipation, explain whether the Treasury. The Commission is therefore (B), above, explain how a skilled artisan figures and other teachings of the interested in receiving submissions would determine whether a tape McAllister-I patent provide clear and concerning the amount of the bond that product, which may be 100 meters long convincing evidence that claim 3 is should be imposed if a remedy is or more, satisfies that claim limitation, obvious. ordered. particularly if different measurements The parties are requested to brief only Written Submissions: The parties to taken from a sample tape yield results the discrete issues identified above, this investigation are requested to file both inside and outside the claimed with reference to the applicable law and written submissions on the issues ranges. Based on your interpretation and evidentiary record. The parties are not identified in this Notice and on the application of the claimed projection to brief any other issues on review, issues of remedy, the public interest, densities ‘‘per 6400 mm2’’, explain which have already been adequately and bonding. Complainant and OUII are whether Fujifilm has demonstrated by a presented in the parties’ previous requested to submit proposed remedial preponderance of the evidence that the filings. orders for the Commission’s ’899 patent claims are infringed or In connection with the final consideration. Complainant is also practiced by Sony or Fujifilm, disposition of this investigation, the requested to state the date that the respectively. Commission may issue: (1) An patents expire and the HTSUS numbers D. With regard to claim 2 of the ’899 exclusion order that could result in the under which the accused products are patent, explain whether the evidence of exclusion of the subject articles from imported. Complainant is further record supports a finding that the entry into the United States, and/or (2) requested to supply the names of known sample Sony LTO–6 tape examined a cease-and-desist order that could importers of the Respondents’ products during the earlier investigation Certain result in the respondent being required at issue in this investigation. The Magnetic Tape Cartridges and to cease and desist from engaging in parties’ written submissions and Components Thereof, Inv. No. 337–TA– unfair acts in the importation and sale proposed remedial orders must be filed 1036, was sufficiently representative of of such articles. Accordingly, the no later than the close of business on Sony tapes being manufactured today Commission is interested in receiving March 29, 2019. Reply submissions such that the measurements taken from written submissions that address the must be filed no later than the close of that earlier tape (e.g., of coefficients of form of remedy, if any, that should be business on April 5, 2019. Opening length variation) can provide reliable ordered. If a party seeks exclusion of an submissions are limited to 50 pages. evidence in the present investigation. article from entry into the United States Reply submissions are limited to 40 E. With regard to the ’899 patent, for purposes other than entry for pages. Such submissions should address explain whether a person skilled in the consumption, the party should so the ALJ’s recommended determination art would have been motivated to apply indicate and provide information on remedy and bonding. Interested a Gaussian curve or other statistical establishing that activities involving government agencies and any other analysis to the measurements disclosed other types of entry either are adversely interested parties are also encouraged to

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file written submissions on the issues of Practice and Procedure (19 CFR part DEPARTMENT OF JUSTICE remedy, the public interest, and 210). Drug Enforcement Administration bonding. Third-party submissions By order of the Commission. should be filed no later than the close Issued: March 15, 2019. of business on March 29, 2019. No Katherine Hiner, [Docket No. DEA–392] further submissions on any of these issues will be permitted unless Acting Secretary to the Commission. Bulk Manufacturer of Controlled otherwise ordered by the Commission. [FR Doc. 2019–05353 Filed 3–20–19; 8:45 am] Substances Application: Siemens Persons filing written submissions BILLING CODE 7020–02–P Healthcare Diagnostics Inc. must file the original document electronically on or before the deadlines ACTION: Notice of application. stated above and submit eight (8) true paper copies to the Office of the JOINT BOARD FOR THE DATES: Registered bulk manufacturers of Secretary by noon the next day, ENROLLMENT OF ACTUARIES the affected basic classes, and applicants therefore, may file written pursuant to section 201.4(f) of the Meeting of the Advisory Committee; comments on or objections to the Commission’s Rule of Practice and Meeting Procedure (19 CFR 210.4(f)). issuance of the proposed registration on Submissions should refer to the AGENCY: Joint Board for the Enrollment or before May 20, 2019. investigation number (‘‘Inv. No. 337– of Actuaries. ADDRESSES: Written comments should TA–1076’’) in a prominent place on the ACTION: Notice of Federal Advisory be sent to: Drug Enforcement cover page and/or first page. (See Committee meeting. Administration, Attention: DEA Federal Handbook for Electronic Filing Register Representative/DPW, 8701 Procedures, https://www.usitc.gov/ SUMMARY: The Joint Board for the Morrissette Drive, Springfield, Virginia documents/handbook_on_filing_ Enrollment of Actuaries gives notice of 22152. procedures.pdf). Persons with questions a closed meeting of the Advisory SUPPLEMENTARY INFORMATION: regarding filing should contact the Committee on Actuarial Examinations. The Attorney General has delegated his Secretary (202–205–2000). DATES: The meeting will be held on Any person desiring to submit a authority under the Controlled April 12, 2019, from 8:30 a.m. to 5:00 Substances Act to the Administrator of document to the Commission in p.m. confidence must request confidential the Drug Enforcement Administration ADDRESSES: treatment. All such requests should be The meeting will be held at (DEA), 28 CFR 0.100(b). Authority to directed to the Secretary to the Willis Towers Watson, 500 N Akard exercise all necessary functions with Commission and include a full Street, 41st Floor, Dallas, TX 75201. respect to the promulgation and statement of the reasons why the FOR FURTHER INFORMATION CONTACT: implementation of 21 CFR part 1301, Commission should grant such Elizabeth Van Osten, Designated Federal incident to the registration of treatment. See 19 CFR 201.6. Documents Officer, Advisory Committee on manufacturers, distributors, dispensers, for which confidential treatment by the Actuarial Examinations, at (202) 317– importers, and exporters of controlled Commission is properly sought will be 3648. substances (other than final orders in connection with suspension, denial, or treated accordingly. All information, SUPPLEMENTARY INFORMATION: Notice is including confidential business revocation of registration) has been hereby given that the Advisory redelegated to the Assistant information and documents for which Committee on Actuarial Examinations confidential treatment is properly Administrator of the DEA Diversion will meet at Willis Towers Watson, 500 Control Division (‘‘Assistant sought, submitted to the Commission for N Akard Street, 41st Floor, Dallas, TX purposes of this Investigation may be Administrator’’) pursuant to section 7 of 75201, on April 12, 2019, from 8:30 a.m. 28 CFR part 0, appendix to subpart R. disclosed to and used: (i) By the to 5:00 p.m. Commission, its employees and Offices, In accordance with 21 CFR The purpose of the meeting is to 1301.33(a), this is notice that on Dec 12, and contract personnel (a) for discuss topics and questions that may developing or maintaining the records 2018, Siemens Healthcare Diagnostics be recommended for inclusion on future Inc., 100 GBC Drive, Mailstop 514, of this or a related proceeding, or (b) in Joint Board examinations in actuarial internal investigations, audits, reviews, Newark, Delaware 19702–2461 applied mathematics, pension law and to be registered as a bulk manufacturer and evaluations relating to the methodology referred to in 29 U.S.C. programs, personnel, and operations of of the following basic class of controlled 1242(a)(1)(B). substance: the Commission including under 5 A determination has been made as U.S.C. Appendix 3; or (ii) by U.S. required by section 10(d) of the Federal Drug government employees and contract Controlled substance code Schedule [1] Advisory Committee Act, 5 U.S.C. App., personnel solely for cybersecurity that the subject of the meeting falls purposes. All non-confidential written within the exception to the open Ecgonine ...... 9180 II submissions will be available for public meeting requirement set forth in Title 5 inspection at the Office of the Secretary U.S.C. 552b(c)(9)(B), and that the public The company plans to produce the and on EDIS. interest requires that such meeting be listed controlled substance in bulk to be The authority for the Commission’s closed to public participation. used in the manufacture of DEA exempt determination is contained in Section products. 337 of the Tariff Act of 1930, as Dated: March 14, 2019. Dated: March 6, 2019. amended (19 U.S.C. 1337), and in part Thomas V. Curtin, Jr., 210 of the Commission’s Rules of Executive Director, Joint Board for the John J. Martin, Enrollment of Actuaries. Assistant Administrator. 1 All contract personnel will sign appropriate [FR Doc. 2019–05402 Filed 3–20–19; 8:45 am] [FR Doc. 2019–05392 Filed 3–20–19; 8:45 am] nondisclosure agreements. BILLING CODE 4830–01–P BILLING CODE 4410–09–P

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DEPARTMENT OF JUSTICE Drug functions of the Bureau of Justice Controlled substance code Schedule Statistics, including whether the Drug Enforcement Administration information will have practical utility; Psilocybin ...... 7437 I —Evaluate the accuracy of the agency’s Methylphenidate ...... 1724 II [Docket No. DEA–392] estimate of the burden of the Levorphanol ...... 9220 II proposed collection of information, Noroxymorphone ...... 9668 II Importer of Controlled Substances Tapentadol ...... 9780 II including the validity of the Application: Fisher Clinical Services, methodology and assumptions used; —Evaluate whether and if so how the Inc. The company plans to import the quality, utility, and clarity of the listed controlled substances for clinical information to be collected can be ACTION: Notice of application. trials. enhanced; and Dated: March 6, 2019. —Minimize the burden of the collection DATES: Registered bulk manufacturers of John J. Martin, of information on those who are to the affected basic classes, and respond, including through the use of applicants therefore, may file written Assistant Administrator. appropriate automated, electronic, comments on or objections to the [FR Doc. 2019–05389 Filed 3–20–19; 8:45 am] mechanical, or other technological issuance of the proposed registration on BILLING CODE 4410–09–P collection techniques or other forms or before April 22, 2019. Such persons of information technology, e.g., may also file a written request for a permitting electronic submission of hearing on the application on or before DEPARTMENT OF JUSTICE responses. April 22, 2019. [OMB Number 1121–0317] Overview of This Information ADDRESSES: Written comments should Agency Information Collection Collection be sent to: Drug Enforcement Activities; Proposed eCollection (1) Type of Information Collection: Administration, Attention: DEA Federal eComments Requested; Reinstatement of the Identity Theft Register Representative/DPW, 8701 Reinstatement, With Change, of a Supplement, with changes, a previously Morrissette Drive, Springfield, Virginia Previously Approved Collection for approved collection for which approval 22152. All requests for a hearing must Which Approval Has Expired: 2020/ has expired. be sent to: Drug Enforcement 2022 Identity Theft Supplement (ITS) Administration, Attn: Administrator, (2) The Title of the Form/Collection: 8701 Morrissette Drive, Springfield, AGENCY: Bureau of Justice Statistics, 2020/2022 Identity Theft Supplement. Virginia 22152. All requests for a Department of Justice. The agency form number, if any, and the applicable component of the hearing should also be sent to: (1) Drug ACTION: 60-Day notice. Enforcement Administration, Attn: Department sponsoring the collection: Hearing Clerk/OALJ, 8701 Morrissette SUMMARY: The Department of Justice The form number for the questionnaire Drive, Springfield, Virginia 22152; and (DOJ), Office of Justice Programs, is ITS–1. The applicable component (2) Drug Enforcement Administration, Bureau of Justice Statistics, will be within the Department of Justice is the Attn: DEA Federal Register submitting the following information Bureau of Justice Statistics, in the Office Representative/DPW, 8701 Morrissette collection request to the Office of of Justice Programs. Drive, Springfield, Virginia 22152. Management and Budget (OMB) for (3) Affected public who will be asked review and approval in accordance with or required to respond, as well as a brief SUPPLEMENTARY INFORMATION: The the Paperwork Reduction Act of 1995. abstract: Respondents will be persons Attorney General has delegated his 16 years or older living in households DATES: Comments are encouraged and authority under the Controlled located throughout the United States Substances Act to the Administrator of will be accepted for 60 days until May 20, 2019. sampled for the National Crime the Drug Enforcement Administration Victimization Survey (NCVS). The ITS (DEA), 28 CFR 0.100(b). Authority to FOR FURTHER INFORMATION CONTACT: If will be conducted as a supplement to exercise all necessary functions with you have additional comments the NCVS in all sample households for respect to the promulgation and especially on the estimated public a six (6) month period. The ITS is implementation of 21 CFR part 1301, burden or associated response time, primarily an effort to measure the incident to the registration of suggestions, or need a copy of the prevalence of identity theft among manufacturers, distributors, dispensers, proposed information collection persons, the characteristics of identity importers, and exporters of controlled instrument with instructions or theft victims, and patterns of reporting substances (other than final orders in additional information, please contact to the police, credit bureaus, and other connection with suspension, denial, or Erika Harrell, Statistician, Bureau of authorities. The ITS was also designed revocation of registration) has been Justice Statistics, 810 Seventh Street to collect important characteristics of redelegated to the Assistant NW, Washington, DC 20531 (email: identity theft such as how the victim’s Administrator of the DEA Diversion [email protected]; telephone: personal information was obtained; the Control Division (‘‘Assistant 202–307–0758). physical, emotional and financial Administrator’’) pursuant to section 7 of SUPPLEMENTARY INFORMATION: Written impact on victims; offender information; 28 CFR part 0, appendix to subpart R. comments and suggestions from the and the measures people take to avoid In accordance with 21 CFR public and affected agencies concerning or minimize their risk of becoming an 1301.34(a), this is notice that on August the proposed collection of information identity theft victim. BJS plans to 17, 2018, Fisher Clinical Services, Inc., are encouraged. Your comments should publish this information in reports and 7554 Schantz Road, Allentown, address one or more of the following reference it when responding to queries Pennsylvania 18106 applied to be four points: from the U.S. Congress, Executive Office registered as an importer of the —Evaluate whether the proposed of the President, the U.S. Supreme following basic classes of controlled collection of information is necessary Court, state officials, international substances: for the proper performance of the organizations, researchers, students, the

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media, and others interested in criminal Consent Decree requires the settling Management and Budget (OMB) has justices statistics. defendants to undertake work to clean approved certain collections of (4) An estimate of the total number of up the Standard Chlorine Site and pay information, listed in the respondents and the amount of time a large portion of the United States’ Supplementary Information section estimated for an average respondent to costs. below, following EBSA’s submission of respond: An estimate of the total The publication of this notice opens requests for such approvals under the number of respondents is 111,600. a period for public comment on the Paperwork Reduction Act of 1995 (PRA) About 90% of respondents (100,670) proposed Consent Decree. Comments (44 U.S.C. 3501 et seq.). This notice will have no identity theft and will should be addressed to the Assistant describes the approved or re-approved complete the short interview with an Attorney General, Environment and information collections and provides average burden of six minutes. Among Natural Resources Division, and should their OMB control numbers and current the 10% of respondents (10,940) who refer to United States v. Apogent expiration dates. experience at least one incident of Transition Corp., et al., Civil Action No. FOR FURTHER INFORMATION CONTACT: identity theft, the time to ask the 2:19–8654, D.J. Ref. No. 90–11–3–11827. G. Christopher Cosby, Office of Policy detailed questions regarding the aspects All comments must be submitted no and Research, Employee Benefits of the most recent incident of identity later than thirty (30) days after the Security Administration, U.S. theft is estimated to take an average of publication date of this notice. Department of Labor, 200 Constitution fifteen minutes. Respondents will be Comments may be submitted either by Avenue NW, Room N–5718, asked to respond to this survey only email or by mail: Washington, DC 20210. Telephone: once during the six month period. The (202) 693–8410; Fax: (202) 219–4745. burden estimate is based on data from To submit These are not toll-free numbers. comments: Send them to: prior administrations of the ITS. SUPPLEMENTARY INFORMATION: The PRA (5) An estimate of the total public and its implementing regulations burden (in hours) associated with the By email ...... pubcomment-ees.enrd@ usdoj.gov. require Federal agencies to display OMB collection: There is an estimated 12,800 By mail ...... Assistant Attorney General, control numbers and inform total burden hours associated with this U.S. DOJ—ENRD, P.O. respondents of their legal significance collection. Box 7611, Washington, DC after OMB has approved an agency’s If additional information is required 20044–7611. information collections. In accordance contact: Melody Braswell, Department with those requirements, EBSA hereby Clearance Officer, United States During the public comment period, notifies the public that the following Department of Justice, Justice the proposed Consent Decree may be information collections have been re- Management Division, Policy and examined and downloaded at this approved by OMB following EBSA’s Planning Staff, Two Constitution Justice Department website: http:// submission of an information collection Square, 145 N Street NE, 3E.405A, www.justice.gov/enrd/consent-decrees. request (ICR) for extension of a prior Washington, DC 20530. We will provide a paper copy of the approval: Dated: March 18, 2019. proposed Consent Decree upon written • OMB Control No. 1210–0089, Melody Braswell, request and payment of reproduction Delinquent Filer Voluntary Compliance Department Clearance Officer for PRA, U.S. costs. Please mail your request and Program. The expiration date for this Department of Justice. payment to: Consent Decree Library, information collection is January 31, U.S. DOJ—ENRD, P.O. Box 7611, [FR Doc. 2019–05361 Filed 3–20–19; 8:45 am] 2021. Washington, DC 20044–7611. • OMB Control No. 1210–0146, BILLING CODE 4410–18–P Please enclose a check or money order Request for Assistance from the for $113.00 (25 cents per page Department of Labor, Employee Benefits DEPARTMENT OF JUSTICE reproduction cost) payable to the United Security Administration. The expiration States Treasury. date for this information collection is January 31, 2021. Notice of Lodging of Proposed Robert Maher, Consent Decree Under the • OMB Control No. 1210–0034, Assistant Chief, Environmental Enforcement Comprehensive Environmental Alternative Method of Compliance for Section, Environment and Natural Resources Certain Simplified Employee Pensions. Response, Compensation, and Liability Division. Act The expiration date for this information [FR Doc. 2019–05333 Filed 3–20–19; 8:45 am] collection is February 28, 2021. On March 15, 2019, a proposed BILLING CODE 4410–15–P • OMB Control No. 1210–0060, Consent Decree in United States v. Employee Retirement Income Security Apogent Transition Corp., et al., Civil Act of 1974 Section 408(a) Prohibited Action No. 2:19–8654, was filed with DEPARTMENT OF LABOR Transaction Provisions Exemption the United States District Court for New Application Procedure. The expiration Jersey. Employee Benefits Security date for this information collection is The proposed Consent Decree Administration February 28, 2021. between the United States of America, • OMB Control No. 1210–0153, Apogent Transition Corp., Beazer East, Agency Information Collection Alternative Reporting Methods for Inc., Cooper Industries, LLC, and Activities; Announcement of OMB Apprenticeship and Training Plans and Occidental Chemical Corporation Approvals Top Hat Plans. The expiration date for resolves the claims between the parties AGENCY: Employee Benefits Security this information collection is February relating to the cleanup of the Standard Administration, Department of Labor. 28, 2021. • Chlorine Superfund Site in Kearny, New ACTION: Notice. OMB Control No. 1210–0134, Jersey under the Comprehensive Investment Advice Participants and Environmental Response, SUMMARY: The Employee Benefits Beneficiaries. The expiration date for Compensation, and Liability Act, 42 Security Administration (EBSA) this information collection is February U.S.C. 9601, et seq. The proposed announces that the Office of 28, 2021.

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• OMB Control No. 1210–0121, date for this information collection is are identified in the Appendix to this Consent to Receive Employee Benefit November 30, 2021. notice. Upon receipt of these petitions, Plan Disclosures Electronically. The • OMB Control No. 1210–0117, the Director of the Office of Trade expiration date for this information Registration for EFAST–2 Credentials, Adjustment Assistance, Employment collection is May 31, 2021. The expiration date for this information and Training Administration, has • OMB Control No. 1210–0112, collection is November 30, 2021. instituted investigations pursuant to Furnishing Documents to the Secretary EBSA hereby notifies the public that Section 221(a) of the Act. of Labor on Request Under Employee the following information collection has The purpose of each of the Retirement Income Security Act Section been approved by OMB following investigations is to determine whether 104(a)(6). The expiration date for this EBSA’s submission of an information the workers are eligible to apply for information collection is June 30, 2021. collection request (ICR) for a revision of adjustment assistance under Title II, • OMB Control No. 1210–0126, a currently approved collection: • Chapter 2, of the Act. The investigations Annual Funding Notice for Defined OMB Control No. 1210–0150, will further relate, as appropriate, to the Benefit Pension Plans. The expiration Coverage of Certain Preventative determination of the date on which total date for this information collection is Services Under the Affordable Care or partial separations began or August 31, 2021. Act—Private Sector. The expiration date threatened to begin and the subdivision • OMB Control No. 1210–0133, for this information collection is of the firm involved. November 30, 2021. Employee Retirement Income Security The petitioners or any other persons The PRA provides that an agency may Act Section 408(b)(2) Regulation. The showing a substantial interest in the not conduct or sponsor, and a person is expiration date for this information subject matter of the investigations may not required to respond to, a collection collection is August 31, 2021. request a public hearing provided such of information unless it displays a • OMB Control No. 1210–0066, request is filed in writing with the currently valid OMB control number. Employee Retirement Income Security Director, Office of Trade Adjustment Publication of this notice satisfies this Act Procedure 1976–1 Advisory Assistance, at the address shown below, requirement with respect to the above- Opinion Procedure. The expiration date no later than April 1, 2019. for this information collection is listed information collections, as provided in 5 CFR 1320.5(b)(2)(C). Interested persons are invited to November 30, 2021. submit written comments regarding the • OMB Control No. 1210–0114, Joseph S. Piacentini, subject matter of the investigations to Disclosures by Insurers to General Director, Office of Policy and Research, the Director, Office of Trade Adjustment Account Policyholders. The expiration Employee Benefits Security Administration. Assistance, at the address shown below, date for this information collection is [FR Doc. 2019–05347 Filed 3–20–19; 8:45 am] not later than April 1, 2019. November 30, 2021. BILLING CODE 4510–29–P The petitions filed in this case are • OMB Control No. 1210–0122, available for inspection at the Office of Employee Retirement Income Security the Director, Office of Trade Adjustment Act Blackout Period. The expiration DEPARTMENT OF LABOR Assistance, Employment and Training date for this information collection is Administration, U.S. Department of Employment and Training November 30, 2021. Labor, Room N–5428, 200 Constitution Administration • OMB Control No. 1210–0084, Avenue NW, Washington, DC 20210. Employee Retirement Income Security Investigations Regarding Eligibility To Act of 1974 Technical Release 1991–1. Signed at Washington, DC, on March 5, Apply for Worker Adjustment 2019. The expiration date for this information Assistance collection is November 30, 2021. Hope D. Kinglock, • OMB Control No. 1210–0110, Petitions have been filed with the Certifying Officer, Office of Trade Adjustment Assistance. Annual Information Return/Report of Secretary of Labor under Section 221(a) Employee Benefit Plan. The expiration of the Trade Act of 1974 (‘‘the Act’’) and APPENDIX

149 TAA PETITIONS INSTITUTED BETWEEN 1/1/19 AND 2/28/19

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

94434 .... Crane Co. ChemPharma & Energy Pacific Valves (State/One-Stop) ...... Signal Hill, CA ...... 01/03/19 01/02/19 94435 .... Gannett Satellite Information Network, LLC (Workers) ...... Greenville, SC ...... 01/03/19 01/02/19 94436 .... MacKay Mitchell Envelope Company, LLC (State/One-Stop) ...... Portland, OR ...... 01/03/19 01/02/19 94437 .... NUCAP US, Inc. (State/One-Stop) ...... Wolcott, CT ...... 01/03/19 01/03/19 94438 .... Tangoe US, Inc. (State/One-Stop) ...... Parsippany, NJ ...... 01/03/19 01/02/19 94439 .... Ten Oaks LLC (State/One-Stop) ...... Stuart, VA ...... 01/03/19 01/02/19 94440 .... Wells Fargo (State/One-Stop) ...... West Des Moines, IA ... 01/03/19 01/02/19 94441 .... Hon Hai/Foxconn Technology Group (Company) ...... Plainfield, IN ...... 01/04/19 01/03/19 94442 .... Swisher International, Inc. (Company) ...... Jacksonville, FL ...... 01/04/19 01/03/19 94443 .... TMG Health (Workers) ...... Jessup, PA ...... 01/04/19 01/03/19 94444 .... Nestle USA Inc. (Workers) ...... Fort Worth, TX ...... 01/07/19 01/04/19 94445 .... Brownstown Battery Assembly (State/One-Stop) ...... Brownstown Charter 01/08/19 01/07/19 Township, MI. 94446 .... Honeywell International Inc. (State/One-Stop) ...... Albuquerque, NM ...... 01/08/19 01/07/19 94447 .... A.R.E. Manufacturing, Inc. (State/One-Stop) ...... Newberg, OR ...... 01/09/19 01/08/19 94448 .... GM Allison Transmissions (State/One-Stop) ...... White Marsh, MD ...... 01/09/19 01/08/19 94449 .... Stoneridge (Company) ...... Canton, MA ...... 01/09/19 01/09/19 94450 .... Crane ChemPharma & Energy (Company) ...... Montgomery, TX ...... 01/11/19 01/10/19 94451 .... Xeros, Inc. (State/One-Stop) ...... Providence, RI ...... 01/11/19 01/09/19 94452 .... Zodiac Electrical Inserts USA (State/One-Stop) ...... Huntington Beach, CA 01/11/19 01/10/19

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149 TAA PETITIONS INSTITUTED BETWEEN 1/1/19 AND 2/28/19—Continued

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

94453 .... GY Agemni, LLC (State/One-Stop) ...... Salt Lake City, UT ...... 01/14/19 01/11/19 94454 .... GCL Solar Materials US I, LLC (State/One-Stop) ...... Pasadena, TX ...... 01/14/19 01/11/19 94455 .... IKEA Industry Danville LLC (State/One-Stop) ...... Ringgold, VA ...... 01/14/19 01/11/19 94456 .... Buffalo Weaver, Inc. (Company) ...... Waterloo, IA ...... 01/15/19 01/14/19 94457 .... GM Detroit Hamtramck Assembly Plant (State/One-Stop) ...... Detroit, MI ...... 01/15/19 01/15/19 94458 .... IBM, Inc. (State/One-Stop) ...... Armonk, NY ...... 01/15/19 01/15/19 94459 .... PVH Neckwear, Inc. (State/One-Stop) ...... Los Angeles, CA ...... 01/15/19 01/14/19 94460 .... PVH Neckwear, Inc. (State/One-Stop) ...... Los Angeles, CA ...... 01/15/19 01/14/19 94461 .... Aptos, Inc. (State/One-Stop) ...... Newburgh, NY ...... 01/16/19 01/15/19 94462 .... Axeon Specialty Products LLC (State/One-Stop) ...... Paulsboro, NJ ...... 01/16/19 01/15/19 94463 .... Bose Corporation (Company) ...... Stow, MA ...... 01/16/19 01/15/19 94464 .... Harley-Davidson of New York City (State/One-Stop) ...... Long Island City, NY .... 01/16/19 12/31/18 94465 .... Aqua Products, Inc. (State/One-Stop) ...... Cedar Grove, NJ ...... 01/17/19 01/16/19 94466 .... BNY Mellon (State/One-Stop) ...... Jersey City, NJ ...... 01/17/19 01/16/19 94467 .... Kmart Distribution Center (State/One-Stop) ...... Warren, OH ...... 01/17/19 01/16/19 94468 .... MOL (America) Inc. (State/One-Stop) ...... Woodbridge, NJ ...... 01/17/19 01/16/19 94469A .. ShopKo (State/One-Stop) ...... Bellevue, NE ...... 01/18/19 01/17/19 94469B .. ShopKo (State/One-Stop) ...... Lincoln, NE ...... 01/18/19 01/17/19 94469C .. ShopKo (State/One-Stop) ...... Lincoln, NE ...... 01/18/19 01/17/19 94469D .. ShopKo (State/One-Stop) ...... Lincoln, NE ...... 01/18/19 01/17/19 94469E .. ShopKo (State/One-Stop) ...... Lincoln, NE ...... 01/18/19 01/17/19 94469F .. ShopKo Hometown (State/One-Stop) ...... Ord, NE ...... 01/18/19 01/17/19 94469G .. ShopKo Hometown (State/One-Stop) ...... Plattsmouth, NE ...... 01/18/19 01/17/19 94469H .. ShopKo Hometown (State/One-Stop) ...... Kimball, NE ...... 01/18/19 01/17/19 94469 .... ShopKo Stores Operating Co., LLC (State/One-Stop) ...... Green Bay, WI ...... 01/18/19 01/17/19 94470 .... Bushwacker, Inc. (State/One-Stop) ...... Portland, OR ...... 01/22/19 01/18/19 94471 .... Lexmark International, Inc. (Workers) ...... Lexington, KY ...... 01/22/19 01/21/19 94472 .... MSCI (Workers) ...... Portland, ME ...... 01/22/19 01/22/19 94473 .... Sugarfina, Inc. (State/One-Stop) ...... El Segundo, CA ...... 01/22/19 01/18/19 94474 .... Tangoe US, Inc. (Workers) ...... Parsippany, NJ ...... 01/22/19 01/18/19 94475 .... American Fasteners Company Limited (State/One-Stop) ...... Jurupa Valley, CA ...... 01/23/19 01/22/19 94476 .... AXA Equitable Life Insurance Company (State/One-Stop) ...... Syracuse, NY ...... 01/23/19 01/22/19 94477 .... East Coast Seafood LLC, doing business as Garbo Lobster (State/One- Groton, CT ...... 01/23/19 01/22/19 Stop). 94478 .... Keystone Tailored Manufacturing LLC (Union) ...... Brooklyn, OH ...... 01/23/19 01/14/19 94479 .... Renwood Acquisitions, LLC dba Heckethorn Manufacturing (Company) Dyersburg, TN ...... 01/23/19 01/22/19 94480 .... Globe Metallurgical Inc. (State/One-Stop) ...... Niagara Falls, NY ...... 01/24/19 01/24/19 94481 .... Tenneco Automotive Operating Inc. (Workers) ...... Hartwell, GA ...... 01/24/19 01/23/19 94482 .... Xerox Business Services (State/One-Stop) ...... Webster, NY ...... 01/24/19 01/23/19 94483 .... Xerox Corporation (State/One-Stop) ...... Webster, NY ...... 01/24/19 01/23/19 94484 .... Bank of the West (State/One-Stop) ...... San Ramon, CA ...... 01/25/19 01/24/19 94485 .... Ditech Holding Corporation (State/One-Stop) ...... Rapid City, SD ...... 01/25/19 01/24/19 94486 .... Hubbell Lenoir City, Inc. (State/One-Stop) ...... Palatka, FL ...... 01/25/19 01/24/19 94487 .... Integrated Device Technology Inc. (IDT) (State/One-Stop) ...... San Jose, CA ...... 01/25/19 01/24/19 94488 .... IBM Global Services (State/One-Stop) ...... Endicott, NY ...... 01/28/19 01/25/19 94489 .... Loud Audio LLC (State/One-Stop) ...... Auburn, WA ...... 01/28/19 01/18/19 94490 .... Medtronic Plc. (Company) ...... Plainfield, IN ...... 01/28/19 01/27/19 94491 .... Prince Hydraulics (State/One-Stop) ...... Sioux City, IA ...... 01/28/19 01/25/19 94492 .... R1 RCM (State/One-Stop) ...... Evansville, IN ...... 01/29/19 01/28/19 94493 .... Conformis, Inc. (State/One-Stop) ...... Billerica, MA ...... 01/30/19 01/29/19 94494 .... Global Safety Textiles, LLC (State/One-Stop) ...... South Hill, VA ...... 01/30/19 01/30/19 94495 .... State Street Corporation (State/One-Stop) ...... Boston, MA ...... 01/30/19 01/30/19 94496 .... Walmart Optical Lab, #9419 (Workers) ...... Fayetteville, AR ...... 01/30/19 01/29/19 94497 .... American Buildings Company (State/One-Stop) ...... Carson City, NV ...... 01/31/19 01/30/19 94498 .... R1 RCM (State/One-Stop) ...... Tulsa, OK ...... 01/31/19 01/30/19 94498A .. R1 RCM (State/One-Stop) ...... Appleton, WI ...... 01/31/19 01/30/19 94499 .... Dignity Health, Dominican Hospital (Workers) ...... Santa Cruz, CA ...... 02/01/19 01/31/19 94500 .... Ferro Corporation (Company) ...... Washington, PA ...... 02/01/19 01/31/19 94501 .... Objective Systems Integrators, Inc. (Company) ...... Folsom, CA ...... 02/01/19 01/31/19 94502 .... AECOM Technical Services, Inc. (Company) ...... Austin, TX ...... 02/04/19 02/01/19 94502A .. AECOM Technical Services, Inc. (Company) ...... Glen Allen, VA ...... 02/04/19 02/01/19 94503 .... Nestle USA Inc. (Workers) ...... Breinigsville, PA ...... 02/04/19 02/01/19 94504 .... Populus Group (Workers) ...... Troy, MI ...... 02/04/19 01/31/19 94505 .... SQS North America, LLC (Workers) ...... Lexington, KY ...... 02/04/19 01/31/19 94506 .... Transamerica Life Insurance Company (State/One-Stop) ...... Little Rock, AR ...... 02/04/19 02/01/19 94507 .... Afgritech, LLC (State/One-Stop) ...... Watertown, NY ...... 02/05/19 02/04/19 94508 .... Smith & Nephew (State/One-Stop) ...... Mansfield, MA ...... 02/05/19 02/05/19 94509 .... Bureau of National Affairs—Bloomberg BNA (State/One-Stop) ...... Arlington, VA ...... 02/06/19 02/04/19 94510 .... ECi Software Solutions (State/One-Stop) ...... San Mateo, CA ...... 02/06/19 02/04/19 94511 .... FDP Virginia Inc. (State/One-Stop) ...... Tappahannock, VA ...... 02/06/19 02/05/19 94511A .. FDP Virginia Inc. (State/One-Stop) ...... Tappahannock, VA ...... 02/06/19 02/05/19

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149 TAA PETITIONS INSTITUTED BETWEEN 1/1/19 AND 2/28/19—Continued

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

94512 .... Maxim Integrated Products Inc. (State/One-Stop) ...... Beaverton, OR ...... 02/06/19 02/05/19 94513 .... R1 Revenue Cycle Management (Workers) ...... Austin, TX ...... 02/06/19 02/05/19 94514 .... Wide Open West Illinois LLC (State/One-Stop) ...... Colorado Springs, CO .. 02/06/19 02/05/19 94515 .... Windstream Communications (State/One-Stop) ...... Little Rock, AR ...... 02/06/19 02/05/19 94516 .... Burke Industries (State/One-Stop) ...... San Jose, CA ...... 02/07/19 02/06/19 94517 .... Ferro Corporation (Company) ...... Cleveland, OH ...... 02/07/19 02/06/19 94518 .... Sigma Design Inc. (State/One-Stop) ...... Vancouver, WA ...... 02/07/19 02/04/19 94519 .... N & L Enterprises (State/One-Stop) ...... Winchester, VA ...... 02/07/19 02/06/19 94520 .... Pfizer (State/One-Stop) ...... Rouses Point, NY ...... 02/07/19 02/06/19 94521 .... Xerox Corporation (State/One-Stop) ...... Webster, NY ...... 02/07/19 01/23/19 94522 .... Boston Scientific Corporation (Company) ...... Campbell, CA ...... 02/08/19 02/07/19 94523 .... Dole Food Company, Information Technology Department (State/One- Westlake, CA ...... 02/08/19 02/07/19 Stop). 94524 .... Full Beauty Brands (State/One-Stop) ...... New York, NY ...... 02/08/19 02/07/19 94525 .... REO Distribution Services/REO Logistics Company (State/One-Stop) .... Waynesboro, VA ...... 02/08/19 02/07/19 94526 .... ABB, Inc. (State/One-Stop) ...... Memphis, TN ...... 02/11/19 02/08/19 94527 .... Conformis, Inc. (State/One-Stop) ...... Wilmington, MA ...... 02/11/19 01/29/19 94528 .... HSBC Technology and Services, USA (State/One-Stop) ...... Arlington Heights, IL .... 02/11/19 02/08/19 94529 .... LSC Communications (State/One-Stop) ...... Lynchburg, VA ...... 02/11/19 02/11/19 94530 .... Nypro Inc Jabil (State/One-Stop) ...... Rochester, NY ...... 02/11/19 02/08/19 94531 .... Park Ohio Products, Inc. (State/One-Stop) ...... Cleveland, OH ...... 02/11/19 02/08/19 94532 .... Adams Publishing Group (State/One-Stop) ...... Coon Rapids, MN ...... 02/12/19 02/11/19 94533 .... Concentrix CVG Corporation (State/One-Stop) ...... Watertown, NY ...... 02/12/19 02/11/19 94534 .... Elavon Merchant Services (Workers) ...... Knoxville, TN ...... 02/12/19 02/11/19 94535 .... Kimberly Clark (Company) ...... Neenah, WI ...... 02/12/19 02/11/19 94536 .... CSC Holdings, LLC (State/One-Stop) ...... Bethpage, NY ...... 02/13/19 02/12/19 94537 .... Source Providers, Inc. (Union) ...... Austintown, OH ...... 02/13/19 02/12/19 94538 .... ABC–I Corporation (State/One-Stop) ...... Dexter, NY ...... 02/14/19 02/13/19 94539 .... Jeld-Wen Inc. (State/One-Stop) ...... Yakima, WA ...... 02/14/19 02/13/19 94540 .... Schneider Electric (State/One-Stop) ...... Peru, IN ...... 02/14/19 02/13/19 94541 .... A.L.P. Lighting Components—Olive Branch MS Location (Company) ..... Olive Branch, MS ...... 02/15/19 02/12/19 94542 .... Balboa Water Group, LLC (State/One-Stop) ...... Tustin, CA ...... 02/15/19 02/14/19 94543 .... Epiq Systems Inc. (State/One-Stop) ...... Seattle, WA ...... 02/15/19 02/12/19 94544 .... Ardagh Group (State/One-Stop) ...... Lincoln, IL ...... 02/19/19 02/15/19 94545 .... Granges Americas, Inc. (State/One-Stop) ...... Newport, AR ...... 02/19/19 02/15/19 94546 .... Gunlocke (State/One-Stop) ...... Wayland, NY ...... 02/19/19 02/15/19 94547 .... IBM (Workers) ...... Chicago, IL ...... 02/19/19 02/15/19 94548 .... Omega Engineering/Newport Electronic Inc. (State/One-Stop) ...... Santa Ana, CA ...... 02/19/19 02/12/19 94549 .... ArcelorMittal Tailored Blanks Americas (State/One-Stop) ...... Pioneer, OH ...... 02/20/19 02/19/19 94550 .... CA Technologies (Broadcom) (State/One-Stop) ...... Santa Clara, CA ...... 02/20/19 02/19/19 94551 .... Philips North America (Company) ...... Kennesaw, GA ...... 02/20/19 02/19/19 94552 .... Teamwork Athletic Apparel (State/One-Stop) ...... San Marcos, CA ...... 02/20/19 02/19/19 94553 .... Western Digital (State/One-Stop) ...... Irvine, CA ...... 02/20/19 02/19/19 94554 .... Jagger Brothers (State/One-Stop) ...... Springvale, ME ...... 02/21/19 02/20/19 94555 .... MACOM Technology Solutions, Inc. (State/One-Stop) ...... Ithaca, NY ...... 02/21/19 02/15/19 94556 .... Aleris Davenport Casting Mill (State/One-Stop) ...... Davenport, IA ...... 02/25/19 02/22/19 94557 .... Aleris Davenport Rolling Mill (State/One-Stop) ...... Davenport, IA ...... 02/25/19 02/22/19 94558 .... Arconic Alcoa (State/One-Stop) ...... Bettendorf, IA ...... 02/25/19 02/22/19 94559 .... AT&T—Technology and Operations Department ATO (Workers) ...... Wichita, KS ...... 02/25/19 02/19/19 94560 .... Copland Industries Inc. (State/One-Stop) ...... Burlington, NC ...... 02/25/19 02/22/19 94561 .... Corry Forge (State/One-Stop) ...... Corry, PA ...... 02/25/19 02/22/19 94562 .... Harsco Rail (Company) ...... Ludington, MI ...... 02/25/19 02/23/19 94563 .... Pyramid Consulting, Inc. (State/One-Stop) ...... Alpharetta, GA ...... 02/26/19 02/25/19 94564 .... R & M Sea Level LLC (Company) ...... Davie, FL ...... 02/26/19 02/25/19 94565 .... Safran Electronics and Defense (State/One-Stop) ...... Grand Prairie, TX ...... 02/26/19 02/25/19 94566 .... EY (Workers) ...... Dallas, TX ...... 02/27/19 02/26/19 94567 .... GM Technical Center (State/One-Stop) ...... Warren, MI ...... 02/27/19 02/26/19 94568 .... Xerox Corporation (Workers) ...... Webster, NY ...... 02/27/19 02/26/19 94569 .... Atlas Tube (State/One-Stop) ...... Chicago, IL ...... 02/28/19 02/28/19 94570 .... Matthews Aurora Funeral Solutions (Workers) ...... Richmond, IN ...... 02/28/19 02/28/19 94571 .... Walmart Global Business Services (State/One-Stop) ...... Derby, KS ...... 02/28/19 02/27/19

[FR Doc. 2019–05304 Filed 3–20–19; 8:45 am] BILLING CODE 4510–FN–P

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DEPARTMENT OF LABOR are produced directly using the services 222(c)(3) and (4) of the Act (19 U.S.C. supplied by such firm, have increased; 2272(c)(3) and (4)); Employment and Training OR AND Administration (III) imports of articles directly incorporating one or more component (3) either— Notice of Determinations Regarding parts produced outside the United (A) the workers’ firm is a supplier and Eligibility To Apply for Trade States that are like or directly the component parts it supplied to the Adjustment Assistance competitive with imports of articles firm described in paragraph (2) In accordance with the Section 223 incorporating one or more component accounted for at least 20 percent of the (19 U.S.C. 2273) of the Trade Act of parts produced by such firm have production or sales of the workers’ firm; 1974 (19 U.S.C. 2271, et seq.) (‘‘Act’’), as increased; OR amended, the Department of Labor AND (B) a loss of business by the workers’ herein presents summaries of (iii) the increase in imports described firm with the firm described in determinations regarding eligibility to in clause (ii) contributed importantly to paragraph (2) contributed importantly to apply for trade adjustment assistance such workers’ separation or threat of the workers’ separation or threat of under Chapter 2 of the Act (‘‘TAA’’) for separation and to the decline in the separation determined under paragraph workers by (TA–W) number issued sales or production of such firm; OR (1). during the period of January 1, 2019 (B) Shift in Production or Services to a through February 28, 2019. (This Notice Section 222(e)—Firms Identified by the Foreign Country Path OR Acquisition of International Trade Commission primarily follows the language of the Articles or Services from a Foreign Trade Act. In some places however, Country Path In order for an affirmative changes such as the inclusion of determination to be made for adversely subheadings, a reorganization of (i) (I) there has been a shift by such workers’ firm to a foreign country in the affected workers in firms identified by language, or ‘‘and,’’ ‘‘or,’’ or other words the International Trade Commission and are added for clarification.) production of articles or the supply of services like or directly competitive a certification issued regarding Section 222(a)—Workers of a Primary with articles which are produced or eligibility to apply for TAA, the group Firm services which are supplied by such eligibility requirements of Section In order for an affirmative firm; OR 222(e) of the Act (19 U.S.C. 2272(e)) determination to be made for workers of (II) such workers’ firm has acquired must be met, by following criteria (1), a primary firm and a certification issued from a foreign country articles or (2), and (3) as follows: regarding eligibility to apply for TAA, services that are like or directly (1) The workers’ firm is publicly the group eligibility requirements under competitive with articles which are identified by name by the International Section 222(a) of the Act (19 U.S.C. produced or services which are Trade Commission as a member of a 2272(a)) must be met, as follows: supplied by such firm; domestic industry in an investigation (1) The first criterion (set forth in AND resulting in— Section 222(a)(1) of the Act, 19 U.S.C. (ii) the shift described in clause (i)(I) (A) an affirmative determination of 2272(a)(1)) is that a significant number or the acquisition of articles or services serious injury or threat thereof under or proportion of the workers in such described in clause (i)(II) contributed section 202(b)(1) of the Act (19 U.S.C. workers’ firm (or ‘‘such firm’’) have importantly to such workers’ separation 2252(b)(1)); OR become totally or partially separated, or or threat of separation. (B) an affirmative determination of are threatened to become totally or market disruption or threat thereof partially separated; Section 222(b)—Adversely Affected Secondary Workers under section 421(b)(1)of the Act (19 AND (2(A) or 2(B) below) U.S.C. 2436(b)(1)); OR (2) The second criterion (set forth in In order for an affirmative (C) an affirmative final determination Section 222(a)(2) of the Act, 19 U.S.C. determination to be made for adversely of material injury or threat thereof under 2272(a)(2)) may be satisfied by either (A) affected secondary workers of a firm and section 705(b)(1)(A) or 735(b)(1)(A) of the Increased Imports Path, or (B) the a certification issued regarding the Tariff Act of 1930 (19 U.S.C. Shift in Production or Services to a eligibility to apply for TAA, the group 1671d(b)(1)(A) and 1673d(b)(1)(A)); Foreign Country Path/Acquisition of eligibility requirements of Section Articles or Services from a Foreign 222(b) of the Act (19 U.S.C. 2272(b)) AND Country Path, as follows: must be met, as follows: (1) A significant number or proportion (2) the petition is filed during the 1- (A) Increased Imports Path of the workers in the workers’ firm or year period beginning on the date on (i) the sales or production, or both, of an appropriate subdivision of the firm which— such firm, have decreased absolutely; have become totally or partially (A) a summary of the report submitted AND (ii and iii below) separated, or are threatened to become to the President by the International (ii) (I) imports of articles or services totally or partially separated; Trade Commission under section like or directly competitive with articles AND 202(f)(1) of the Trade Act (19 U.S.C. produced or services supplied by such (2) the workers’ firm is a supplier or 2252(f)(1)) with respect to the firm have increased; OR downstream producer to a firm that affirmative determination described in (II)(aa) imports of articles like or employed a group of workers who paragraph (1)(A) is published in the directly competitive with articles into received a certification of eligibility Federal Register under section 202(f)(3) which one or more component parts under Section 222(a) of the Act (19 (19 U.S.C. 2252(f)(3)); OR produced by such firm are directly U.S.C. 2272(a)), and such supply or (B) notice of an affirmative incorporated, have increased; OR production is related to the article or determination described in (II)(bb) imports of articles like or service that was the basis for such subparagraph (B) or (C)of paragraph (1) directly competitive with articles which certification (as defined in subsection is published in the Federal Register;

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AND period preceding the 1-year period determination references the impact (3) the workers have become totally or described in paragraph (2). date for all workers of such partially separated from the workers’ Affirmative Determinations for Trade determination. firm within— Adjustment Assistance The following certifications have been (A) the 1-year period described in issued. The requirements of Section The following certifications have been paragraph (2); OR 222(a)(2)(A) (Increased Imports Path) of (B) notwithstanding section 223(b) of issued. The date following the company the Act (19 U.S.C. 2273(b)), the 1-year name and location of each the Trade Act have been met.

TA–W No. Subject firm Location Impact date

93,466 ...... Wellman Advanced Materials, LLC, CMS Labor Services ...... Johnsonville, SC ...... January 26, 2017. 93,497 ...... WKW Extrusion-Bowers Manufacturing Company, WKW Erbsloeh North Amer- Portage, MI ...... January 26, 2017. ica Holding, Inc., Employment Group, Manpower. 93,672 ...... OSI Electronics, Inc., OSI Systems, Inc., Express Employment Professionals .. Hawthorne, CA ...... March 22, 2017. 94,070 ...... Learjet, Inc., Bombardier, Inc., Aerotek, DACA Interational, Hi-Tek Profes- Wichita, KS ...... October 22, 2018. sional, etc. 94,070A ...... Leased Workers from PDS Tech, Inc. and MSB Global Resources, Learjet, Wichita, KS ...... August 21, 2017. Inc., Bombardier, Inc. 94,221 ...... Peak Sports USA Inc ...... Los Angeles, CA ...... October 9, 2017. 94,256 ...... TRW Automotive US, LLC, Active & Passive Safety Division, ZF Group, Atkins, VA ...... October 19, 2017. AtWork Personnel Services, etc. 94,318 ...... Invento Americas Inc., Invento Sp. z o.o., SEEK Careers/Staffing Inc ...... Sheboygan, WI ...... November 7, 2017. 94,335 ...... Synoptos Inc...... Reston, VA ...... November 13, 2017. 94,363 ...... Pretium Packaging, Gen Star Private Equity, Staffmark Staffing, People Link Walterboro, SC ...... November 27, 2017. Staffing. 94,372 ...... Alphi Manufacturing, Vari-Form Group LLC, Elwood Staffing Service, Man- Jonesville, MI ...... November 30, 2017. power. 94,382 ...... ADC Die Casting, LLC, Aerotek Commercial Staffing ...... Elk Grove Village, IL ... December 5, 2017. 94,386 ...... Progress Rail Service ...... Gering, NE ...... December 4, 2017. 94,422 ...... Textron Outdoor Power Equipment, Textron Specialized Vehicles, Manpower Coatesville, IN ...... December 20, 2017. 94,422A ...... Textron Outdoor Power Equipment, Textron Specialized Vehicles, Manpower Fillmore, IN ...... December 20, 2017. 94,437 ...... NUCAP US, Inc., NUCAP Industries, Monroe Staffing, Jaci Carroll Staffing, etc Wolcott, CT ...... January 3, 2018. 94,511 ...... FDP Virginia Inc., 1290 Mt. Landing Road ...... Tappahannock, VA ..... February 5, 2018. 94,511A ...... FDP Virginia Inc., 1076 Airport Road ...... Tappahannock, VA ..... February 5, 2018.

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

TA–W No. Subject firm Location Impact date

93,752 ...... North Haven, Medtronic, Covidien, Kelly Services ...... North Haven, CT ...... April 23, 2017. 93,817 ...... Star Forge LLC, Jorgensen Forge, CE Start Holdings, Beacon Hill Finance, Seattle, WA ...... May 10, 2017. Madden Machinists. 93,825 ...... Alorica ...... Omaha, NE ...... May 18, 2017. 94,044 ...... Amphenol Corporation, Information, Communications, and Commercial Pro- Hamden, CT ...... August 6, 2017. ductions, Spectra-Strip. 94,169 ...... Pioneer Magnetics, Inc., Aerotek, Exact Staff ...... Santa Monica, CA ...... September 24, 2017. 94,193 ...... Boston Scientific Corporation, Product Surveillance Department (Quality Func- Minnetonka, MN ...... October 2, 2017. tion), Talent Choice. 94,195 ...... CCX Corporation ...... Lafayette, CO ...... October 2, 2017. 94,202 ...... DLR Group a/k/a Epsilon/Catapult Marketing, Alliance Data ...... Minneapolis, MN ...... October 3, 2017. 94,236 ...... Virginian Pilot-Media Companies, LLC, IT Division, Tribune Publishing Com- Norfolk, VA ...... October 15, 2017. pany, Slait Consulting. 94,248 ...... Loud Audio, LLC, Express Employment Professionals ...... Woodinville, WA ...... October 16, 2017. 94,257 ...... AIG Technologies, Inc., AIG Global Testing Services—U.S., American Inter- Livingston, NJ ...... October 22, 2017. national Group, etc. 94,257A ...... AIG Technologies, Inc., AIG Global Testing Services—U.S., American Inter- New York, NY ...... October 22, 2017. national Group, etc. 94,257B ...... AIG Technologies, Inc., AIG Global Testing Services—U.S., American Inter- Houston, TX ...... October 22, 2017. national Group, etc. 94,257C ...... AIG Technologies, Inc., AIG Global Testing Services—U.S., American Inter- Charlotte, NC ...... October 22, 2017. national Group, etc. 94,257D ...... AIG Technologies, Inc., AIG Global Testing Services—U.S., American Inter- Berkley Heights, NJ .... October 22, 2017. national Group, etc. 94,277 ...... Phoenix Trim Works ...... Williamsport, PA ...... October 24, 2017. 94,296 ...... Westcon Group North America, SYNNEX Corporation, Kforce Corp HQ, Chantilly, VA ...... October 31, 2017. Workspend. 94,305 ...... H Granados Communications, Inc., Dispatch Unit, ADP LLC (ADP Total Laguna Hills, CA ...... November 5, 2017. Source). 94,316 ...... Columbia Forest Products ...... Boardman, OR ...... December 28, 2018.

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TA–W No. Subject firm Location Impact date

94,323 ...... Virgin Atlantic Airways, LTD., Staff Travel Unit, Human Resources/People De- Norwalk, CT ...... November 7, 2017. partment. 94,325 ...... BJC Health System d/b/a BJC HealthCare, IT Security ...... St. Louis, MO ...... November 8, 2017. 94,339 ...... TIDI Products, LLC ...... Arcadia, CA ...... November 14, 2017. 94,361 ...... Retech Systems LLC, Seco Warwick, The Works, Mendo Lake Staffing and Ukiah, CA ...... November 26, 2017. Management Connections. 94,362 ...... ECi Macola/Max, LLC, Product Development, Manufacturing Division, ECi Dublin, OH ...... November 27, 2017. Software Solutions, etc. 94,364 ...... Ditech Financial LLC, Loan Servicing Group, Walter Investment Management St. Paul, MN ...... November 27, 2017. Corp., etc. 94,377 ...... Baker Manufacturing Co., Inc., Spherion Staffing ...... Pineville, LA ...... December 3, 2017. 94,379 ...... Tech Mahindra Network Services International, Inc., LCC International, Inc., Overland Park, KS ...... May 21, 2018. Tech Mahindra Americas. 94,385 ...... Openlink Financial LLC ...... Uniondale, NY ...... December 4, 2017. 94,385A ...... Openlink Financial LLC ...... New York, NY ...... December 4, 2017. 94,388 ...... Halliburton Energy Services, Inc., Finance and Accounting—Duncan Business Duncan, OK ...... December 6, 2017. Service Center, Genuent, etc. 94,390 ...... Teradata Corporation ...... Dayton, OH ...... December 7, 2017. 94,395 ...... nThrive Solutions, Inc., nThrive, Doctus USA, Eclat Health Solutions, Alpharetta, GA ...... December 10, 2017. Medusind Solutions, etc. 94,396 ...... ABB, Inc., Robotics & Motors Division, Penmac Staffing, TEC Staffing Serv- Clarksville, AR ...... December 11, 2017. ices. 94,399 ...... Windstream Services, LLC, Fairport IT Services Division ...... Fairport, NY ...... December 11, 2017. 94,400 ...... Qualcomm Technologies, Inc., Corporate Engineering & QCT Configuration San Diego, CA ...... December 12, 2017. Management Group, Qualcomm, Inc. 94,404 ...... Ledvance, LLC, Osram Sylvania, Lamp Division, Remedy, Manpower, Aerotek Versailles, KY ...... April 22, 2019. 94,405 ...... Milco Industries, Inc., Apparel Division ...... Bloomsburg, PA ...... December 17, 2017. 94,411 ...... Bayer CropScience LP, Bayers, Bayer U.S., Belcan, CDI Engineering Group, Institute, WV ...... December 14, 2018. etc. 94,412 ...... Carbonite, Inc., Customer Service Support Unit, Advantage, Bonney Staffing, Lewiston, ME ...... December 19, 2017. Mozy, Inc. 94,413 ...... Citibank, N.A., Finance/Inter-Affiliate Global Process Owner, Citicorp LLC, Uniondale, NY ...... December 19, 2017. GPO, etc. 94,414 ...... CMG Mortgage DBA CMG Financial, CMG Financial Services ...... Lake Oswego, OR ...... December 19, 2017. 94,415 ...... Mattex Group, Mattex Industrial S.A.R.L., 2 Works Staffing, LLC ...... Chatsworth, GA ...... December 19, 2017. 94,416 ...... New Era Cap Corp., Inc., Derby Facility ...... Derby, NY ...... December 20, 2017. 94,419 ...... Blackhawk Engagement Solutions Inc., Blackhawk Network Inc ...... Lewisville, TX ...... December 20, 2017. 94,420 ...... Core Health & Fitness, LLC, Workforce Unlimited, The Reserve Network, @ Independence, VA ...... December 20, 2017 Work Personnel. 94,421 ...... HSBC Technology and Services, USA (HTSU), Risk Division, HSBC North Depew, NY ...... December 20, 2017. America Holdings Inc. 94,423 ...... Allstate Insurance Company, Enterprise Services Division, Imaging Depart- Lincoln, NE ...... December 26, 2017. ment. 94,425 ...... Deluxe Media Inc., Deluxe Entertainment Services Group, Digital Distribution Burbank, CA ...... December 21, 2017. Group, etc. 94,426 ...... Excelitas Technologies, Express Employment Professionals ...... Wheeling, IL ...... December 21, 2017. 94,429 ...... Thomson Reuters (Tax & Accounting) Inc., Thomson Reuters U.S., LLC, Tax Lake Oswego, OR ...... December 21, 2017. & Accounting Division, Talent Net. 94,431 ...... Crabtree & Evelyn, LTD., Advantage Resourcing, Expert Staffing, Masis Staff- Woodstock, CT ...... December 28, 2017. ing Solutions, etc. 94,432 ...... Radisson Hospitality, Inc., Contact Center ...... Omaha, NE ...... December 28, 2017. 94,434 ...... Crane Co. ChemPharma & Energy Pacific Valves, Crane Co., Fluid Handling Signal Hill, CA ...... January 2, 2018. Division, TalentZA˜ ¶k, Ajobstaff, Inc., etc. 94,435 ...... Gannett Satellite Information Network, LLC, Greenville Call Center, Gannett Greenville, SC ...... January 2, 2018. Co., Inc., Robert Half. 94,438 ...... Tangoe US, Inc., Operations Service Excellence Organization ...... Parsippany, NJ ...... January 2, 2018. 94,441 ...... Hon Hai/Foxconn Technology Group, Q-Edge, Foxconn HonHai Logistics Cali- Plainfield, IN ...... January 3, 2018. fornia, Assemblix Staffing, etc.. 94,442 ...... Swisher International, Inc...... Jacksonville, FL ...... December 16, 2018. 94,443 ...... TMG Health, Cognizant Technologies Company, Aerotek, Kelly Services, Jessup, PA ...... January 3, 2018. Manpower, etc.. 94,450 ...... Crane ChemPharma & Energy, Crane Co., Fluid Handling, Express, Staff Montgomery, TX ...... January 10, 2018. Force, Spherion, TPI Staffing. 94,455 ...... IKEA Industry Danville LLC, IKEA Industry AB, AmeriStaff, Adecco ...... Ringgold, VA ...... January 11, 2018. 94,458 ...... IBM, Inc., Global Technology Services Division, CDI Corporation ...... Armonk, NY ...... January 15, 2018. 94,459 ...... PVH Neckwear, Inc., PVH Corp., Reliable Resources, Inc ...... Los Angeles, CA ...... January 14, 2018. 94,461 ...... Aptos, Inc., Help Desk, Hardware Install Services and Facilities Newburgh Di- Newburgh, NY ...... January 15, 2018. vision, etc. 94,463 ...... Bose Corporation ...... Stow, MA ...... January 15, 2018. 94,465 ...... Aqua Products, Inc., Fluidra USA, U.S. Pool Holdings, Job Connections Serv- Cedar Grove, NJ ...... January 16, 2018. ices, etc. 94,477 ...... East Coast Seafood LLC, doing business as Garbo Lobster, East Coast Sea- Groton, CT ...... January 22, 2018. food Group, HW Staffing, Empire Staffing. 94,480 ...... Globe Metallurgical Inc., Ferroglobe PLC, Adecco ...... Niagara Falls, NY ...... January 24, 2018.

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TA–W No. Subject firm Location Impact date

94,481 ...... Tenneco Automotive Operating Inc., Tenneco Inc., Elite Logistics, ProLink Hartwell, GA ...... January 23, 2018. Staffing Services. 94,484 ...... Bank of the West, BancWest Holding, Transaction Processing Group, Allegis San Ramon, CA ...... January 24, 2018. Global Solutions. 94,485 ...... Ditech Holding Corporation, Ditech Financial, DF Insurance Agency, Account- Rapid City, SD ...... January 24, 2018. ing Principals, Adecco, etc. 94,486 ...... Hubbell Lenoir City, Inc., Hubbell Power Systems, Inc., Hubbell Incorporated, Palatka, FL ...... January 24, 2018. Spherion Staffing, LLC. 94,492 ...... R1 RCM ...... Evansville, IN ...... January 28, 2018. 94,493 ...... Conformis, Inc., King & Bishop ...... Billerica, MA ...... January 29, 2018. 94,494 ...... Global Safety Textiles, LLC, Penmac, Ameristaff ...... South Hill, VA ...... January 30, 2018. 94,495 ...... State Street Corporation, Corporate Actions Accounting ...... Boston, MA ...... January 30, 2018. 94,496 ...... Walmart Optical Lab, #9419, Walmart, Inc ...... Fayetteville, AR ...... January 29, 2018. 94,498 ...... R1 RCM ...... Tulsa, OK ...... January 30, 2018. 94,498A ...... R1 RCM ...... Appleton, WI ...... January 30, 2018. 94,500 ...... Ferro Corporation, Medix ...... Washington, PA ...... January 31, 2018. 94,501 ...... Objective Systems Integrators, Inc., Mysoft Holdings USA, Inc ...... Folsom, CA ...... January 31, 2018. 94,502 ...... AECOM Technical Services, Inc., Global Business Services, AECOM, Austin, TX ...... February 1, 2018. Accountemps. 94,502A ...... AECOM Technical Services, Inc., Global Business Services, AECOM, Glen Allen, VA ...... February 1, 2018. Accountemps, Insight Global, etc. 94,503 ...... Nestle USA Inc., Customer Service Unit, Kelly Services ...... Breinigsville, PA ...... February 1, 2018. 94,505 ...... SQS North America, LLC, Lexington Delivery Center ...... Lexington, KY ...... January 31, 2018. 94,514 ...... Wide Open West Illinois LLC, Customer Care/Sales, Wide Open West LLC .... Colorado Springs, CO February 5, 2018. 94,517 ...... Ferro Corporation, Aerotek ...... Cleveland, OH ...... February 6, 2018. 94,522 ...... Boston Scientific Corporation, Rhythm Management Division, Apama Facility, Campbell, CA ...... February 7, 2018. Talent Choice. 94,527 ...... Conformis, Inc., King & Bishop ...... Wilmington, MA ...... January 29, 2018. 94,535 ...... Kimberly Clark, Global Nonwovens, Strom Engineering, FLS, E-Trans, Neenah, WI ...... February 11, 2018. Bartech, Guidant Global. 94,542 ...... Balboa Water Group, LLC, Staffmark, Andek ...... Tustin, CA ...... February 14, 2018. 94,547 ...... IBM, Department B2AA, GBS Division ...... Chicago, IL ...... February 15, 2018.

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

TA–W No. Subject firm Location Impact date

94,417 ...... Parthenon Metal Works, LLC, Vari-Form Group LLC, Wood Personnel ...... LaVerne, TN ...... December 19, 2017. 94,417A ...... Parthenon Metal Works, LLC, Vari-Form Group LLC, Wood Personnel ...... Nashville, TN ...... December 19, 2017. 94,445 ...... Brownstown Battery Assembly, General Motors Subsystems Manufacturing, Brownstown Charter January 7, 2018. General Motors Company. Township, MI.

The following certifications have been International Trade Commission) of the issued. The requirements of Section Trade Act have been met. 222(e) (firms identified by the

TA–W No. Subject firm Location Impact date

94,154 ...... Schmidbauer Lumber Inc ...... Eureka, CA ...... December 28, 2016. 94,156 ...... Sierra Pacific Industries ...... Arcata, CA ...... December 28, 2016. 94,175 ...... West Fraser, Inc., West Fraser Timber Co. Ltd ...... Leola, AR ...... December 28, 2016. 94,176 ...... West Fraser, Inc., West Fraser Timber Co. Ltd ...... Mansfield, AR ...... December 28, 2016. 94,177 ...... West Fraser, Inc., West Fraser Timber Co. Ltd ...... Russellville, AR ...... December 28, 2016. 94,178 ...... Weyerhaeuser NR, Manpower ...... Dierks, AR ...... December 28, 2016. 94,180 ...... Anthony Forest Products Company LLC, Canfor Southern Pine, Esa-El Do- Strong, AR ...... December 28, 2016. rado. 94,192 ...... West Fraser, Inc., West Fraser Timber Co. Ltd ...... Huttig, AR ...... December 28, 2016. 94,261 ...... Grayson Lumber Corporation ...... Houston, AL ...... December 28, 2016. 94,265 ...... Weyerhaeuser NR Company, Adecco ...... Millport, AL ...... December 28, 2016. 94,267 ...... West Fraser, Inc., West Fraser Timber Co. Ltd ...... Opelika, AL ...... December 28, 2016.

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

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identified by the International Trade Commission), have not been met.

TA–W No. Subject firm Location Impact date

94,108 ...... Infitech, Inc., Intel Corporation ...... Hillsboro, OR. 94,155 ...... Sierra Forest Products ...... Terra Bella, CA. 94,157 ...... Sierra Pacific Industries ...... Burney, CA. 94,171 ...... PotlatchDeltic, Deltic Timber Corporation, Express Employment Profes- Ola, AR. sionals. 94,172 ...... PotlatchDeltic, Deltic Timber Corporation, Manpower Magnolia ...... Waldo, AR. 94,173 ...... PotlatchDeltic, Potlatch Corporation, Express Employment Profes- Warren, AR. sionals, ESA. 94,193A ...... Boston Scientific Corporation, Human Resources Department, Talent Minnetonka, MN. Choice. 94,264 ...... Johnson Controls Security Solutions, Johnson Controls, Agile 1 ...... Alexandria, VA. 94,344 ...... Pacific Cargo Control, Inc., Pacific Industries, Inc., Integrity Staffing ..... Tualatin, OR. 94,351 ...... Shasta Litho, Inc ...... Klamath Falls, OR.

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

TA–W No. Subject firm Location Impact date

94,066 ...... International Business Machines (IBM), Dept QV4A MSS Deployment Sandy Springs, GA. and Integration, IBM Security Division. 94,140 ...... Xero, Inc., US Payments Team, Xero Limited ...... San Francisco, CA. 94,269 ...... The Westervelt Company, Westervelt Lumber Division ...... Moundville, AL. 94,373 ...... BRT Inc. DBA Bend Roof Truss ...... Bend, OR. 94,439 ...... Ten Oaks LLC ...... Stuart, VA.

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

TA–W No. Subject firm Location Impact date

93,468 ...... First Guaranty Mortgage Corporation, Mortgage and Loan Service Divi- Frederick, MD. sion, K-Force Professional Staffing, etc. 93,684 ...... PurEnergy Operating Services, PurEnergy LLC, Charles P. Crane Baltimore, MD. Generating Station, NAES Staffing Services. 93,791 ...... Demag Cranes & Components Corporation, KCI Holding ...... Solon, OH. 93,818 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Sioux Falls, SD. 93,818A ...... Babies R Us, Inc., Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Rapid City, SD. 93,827 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Lafayette, IN. 93,857 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Sevierville, TN. 93,857A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 8009 Kingston Pike ...... Knoxville, TN. 93,857B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 9626 Kingston Pike ...... Knoxville, TN. 93,857C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Chattanooga, TN. 93,857D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 7676 Polo Ground Boule- Memphis, TN. vard. 93,857E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 8060 Giacosa Place ...... Memphis, TN. 93,857F ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Jackson, TN. 93,857G ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Nashville, TN. 93,857H ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 2205 Gallatin Pike N ...... Madison, TN. 93,857I ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 1800 Gallatin Pike N ...... Madison, TN. 93,857J ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Clarksville, TN. 93,857K ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Franklin, TN. 93,857L ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Murfreesboro, TN. 93,860 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Columbia, SC. 93,860A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Florence, SC. 93,860B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... North Charleston, SC. 93,860C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Anderson, SC. 93,860D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Myrtle Beach, SC. 93,860E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Spartanburg, SC. 93,860F ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Greenville, SC.

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TA–W No. Subject firm Location Impact date

93,860G ...... Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Columbia, SC. 93,860H ...... Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc ...... North Charleston, SC. 93,861 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 975 Hanes Mall Boule- Winston-Salem, NC. vard. 93,861A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 3200 Silas Creek Park- Winston-Salem, NC. way. 93,861B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 1856 Catawba Valley Hickory, NC. Boulevard. 93,861C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 1840 Highway 70 SE ..... Hickory, NC. 93,861D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 3728 W Gate City Boule- Greensboro, NC. vard. 93,861E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 1214 Bridford Parkway ... Greensboro, NC. 93,861F ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 8050 Concord Mills Bou- Concord, NC. levard. 93,861G ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 8062 Concord Mills Bou- Concord, NC. levard. 93,861H ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Gastonia, NC. 93,861I ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Pineville, NC. 93,861J ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Charlotte, NC. 93,861K ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Asheville, NC. 93,861L ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Smithfield, NC. 93,861M ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Fayetteville, NC. 93,861N ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Wilmington, NC. 93,861O ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Greenville, NC. 93,861P ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Cary, NC. 93,861Q ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Raleigh, NC. 93,861R ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Jacksonville, NC. 93,878 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Silver Spring, MD. 93,878A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Waldorf, MD. 93,878B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Townson, MD. 93,878C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... National Harbor, MD. 93,878D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Clarksburg, MD. 93,878E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Gaithersburg, MD. 93,878F ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Owings Mills, MD. 93,878G ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Annapolis, MD. 93,878H ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Hagerstown, MD. 93,878I ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Bel Air, MD. 93,878J ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Glen Burnie, MD. 93,878K ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Baltimore, MD. 93,878L ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Fredrick, MD. 93,878M ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Columbia, MD. 93,878N ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Salisbury, MD. 93,878O ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Pasadena, MD. 93,878P ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Waldorf, MD. 93,890 ...... MICO, Inc., WABCO Group Inc., WABCO Holdings Inc. Company ...... North Mankato, MN. 93,896 ...... Safco Products, Co., 619 and 705 North Commerce Street, Liberty Di- Sheboygan, WI. versified International, etc. 93,896A ...... Safco Products, Co., 1213A–1310 Pennsylvania Avenue, Liberty Diver- Sheboygan, WI. sified International, etc. 93,896B ...... Safco Products, Co., 4350 Tower Drive, Liberty Diversified Inter- Sheboygan, WI. national, Locate, SEEK, etc. 93,946 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Newport News, VA. 93,946A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Fredericksburg, VA. 93,946B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Chesapeake, VA. 93,946C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 400 N Military Highway .. Norfolk, VA. 93,946D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc., 1600 Premium Outlets Norfolk, VA. Blvd. 93,946E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Virginia Beach, VA. 93,946F ...... Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Newport News, VA. 93,946G ...... Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Chesapeake, VA. 93,971 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Clackamas, OR. 93,971A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Eugene, OR. 93,971B ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Medford, OR. 93,971C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Portland, OR. 93,971D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Salem, OR. 93,971E ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Tigard, OR. 93,971F ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Lincoln City, OR. 93,998 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Fayetteville, AR. 93,998A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Fort Smith, AR. 93,998B ...... Babies R Us, Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Little Rock, AR. 93,998C ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Little Rock, AR. 93,998D ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... North Little Rock, AR. 94,034 ...... The Boeing Company, Satellite Systems, Chipton Ross, Iconma, El Segundo, CA. Moseley Technical Services, etc.

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TA–W No. Subject firm Location Impact date

94,132 ...... REC Solar Grade Silicon LLC, REC Silicon Inc., NEMO IT Solutions ... Moses Lake, WA. 94,143 ...... Verizon Business Network Services, Customer Service Call Center ..... Richmond, VA. 94,143A ...... Verizon Business Network Services, Customer Service Call Center ..... Ashburn, VA. 94,165 ...... Langsam Health Services, LLC, NeighborCare Pharmacy Services, Oklahoma City, OK. Inc., Omnicare, Inc., CVS Pharmacy, Inc. 94,181 ...... Jet Aviation St. Louis, Inc., Jet Professionals, LLC ...... Cahokia, IL. 94,198 ...... Sandoz, Inc., Broomfield Plant, Novartis AG, Aerotek ...... Broomfield, CO. 94,222 ...... S–T Industries, Inc ...... Saint James, MN. 94,226 ...... The Outsource Group, Parallon, Medicaid Eligibility Division, Irvine, CA. Medicredit, Inc. 94,233 ...... Del Monte Foods Inc., Crystal City Plant ...... Crystal City, TX. 94,245 ...... Wargaming (Seattle), Inc., Redmond Studio, Wargaming (USA), Inc .... Redmond, WA. 94,253 ...... Hemlock Semiconductor Corporation Operations LLC, Adecco USA, Hemlock, MI. Inc., Qualified Staffing Services. 94,297 ...... Block Steel Corp., Block Industries Inc ...... Skokie, IL. 94,303 ...... Copland Industries, Inc., Hire Alternatives, 1714 Carolina Mill Road ..... Burlington, NC. 94,304 ...... Copland Fabrics, Inc., Hire Alternatives ...... Burlington, NC. 94,314 ...... Quad Graphics, Inc ...... Sidney, NE. 94,322 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Terra Haute, IN. 94,324 ...... Bak USA Technologies Corp ...... Buffalo, NY. 94,331 ...... Trelleborg Marine Systems Berryville, Inc., Manpower, Augmentation .. Berryville, VA. 94,334 ...... QSC, LLC, QSC Holdings, Inc ...... San Luis Obispo, CA. 94,336 ...... Caliber Home Loans, Inc., Retail Underwriting Group, Quality Assur- Coppell, TX. ance, LSF6 Services Operations. 94,336A ...... Caliber Home Loans, Inc., 9095 Rio San Diego Drive, Retail Under- San Diego, CA. writing, Quality Assurance, etc. 94,336B ...... Caliber Home Loans, Inc., 16745 West Bernardo Drive, Retail Under- San Diego, CA. writing, Quality Assurance, etc. 94,341 ...... Alorica ...... Terre Haute, IN. 94,352 ...... Verizon Wireless, Customer Service Call Center ...... Little Rock, AR. 94,354 ...... iMedX, Inc...... Atlanta, GA. 94,364A ...... Ditech Financial LLC, Risk & Compliance group, Walter Investment St. Paul, MN. Management Corp. 94,366 ...... Compass Manufacturing NWO, Compass Manufacturing Services ...... Tualatin, OR. 94,367 ...... Conduent Commercial Solutions LLC, Conduent Business Services, Colorado Springs, CO. LLC. 94,378 ...... Infinite Electronics International, Inc., L-Com, Inc., Tech Needs ...... North Andover, MA. 94,380 ...... Payless ShoeSource Worldwide, Inc., Merchandising Department, Pay- Topeka, KS. less, Inc. 94,381 ...... Qualcomm Technologies, Inc., Software Program Management, San Diego, CA. Qualcomm, Inc. 94,383 ...... Chaucer Foods, Inc., Carter Recruiting and Staffing, Aerotek, Flex Forest Grove, OR. Force Personnel Services. 94,384 ...... Ichor Systems, Inc., Cal-Weld ...... Tualatin, OR. 94,430 ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Lincoln, NE. 94,430A ...... Toys R Us—Delaware, Inc., Toys R Us, Inc ...... Omaha, NE. 94,436 ...... MacKay Mitchell Envelope Company, LLC, Gliss Staffing, Terra Staff- Portland, OR. ing, NW Staffing. 94,444 ...... Nestle USA Inc., Customer Service Center ...... Fort Worth, TX. 94,446 ...... Honeywell International Inc., Aerospace-Albuquerque Defense, US Albuquerque, NM. Tech Solutions, PDS Tech, etc. 94,451 ...... Xeros, Inc., Xeros Technology Group, Microtech Staffing Group, Providence, RI. Accountemps, MRI Network. 94,469 ...... ShopKo Stores Operating Co., LLC, ShopKo Holding Company, LLC, Green Bay, WI. Adecco, Kforce, 700 Pilgrim Way. 94,469A ...... ShopKo, ShopKo Stores Operating Co., ShopKo Holding Company, Bellevue, NE. 601 Galvin Road South. 94,469B ...... ShopKo, ShopKo Stores Operating Co., ShopKo Holding Company, Lincoln, NE. 4200 South 27th Street. 94,469C ...... ShopKo, ShopKo Stores Operating Co., ShopKo Holding Company, Lincoln, NE. 100 South 66th Street. 94,469D ...... ShopKo, ShopKo Stores Operating Co., ShopKo Holding Company, Lincoln, NE. 3400 North 27th Street. 94,469E ...... ShopKo, ShopKo Stores Operating Co., ShopKo Holding Company, Lincoln, NE. 6845 South 27th Street. 94,469F ...... ShopKo Hometown, ShopKo Stores Operating Co., ShopKo Holding Ord, NE. Company, 133 Trotter Avenue. 94,469G ...... ShopKo Hometown, ShopKo Stores Operating Co., ShopKo Holding Plattsmouth, NE. Company, 211 South 23rd Street. 94,469H ...... ShopKo Hometown, ShopKo Stores Operating Co., ShopKo Holding Kimball, NE. Company, 1217 South Highway 71.

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Determinations Terminating on the Department’s website, as The following determinations Investigations of Petitions for Trade required by Section 221 of the Act (19 terminating investigations were issued Adjustment Assistance U.S.C. 2271), the Department initiated because the petitioner has requested After notice of the petitions was investigations of these petitions. that the petition be withdrawn. published in the Federal Register and

TA–W No. Subject firm Location Impact date

94,299 ...... Copland Industries, Inc., Distribution Center, Hire Alternatives ...... Burlington, NC. 94,299A ...... Copland Industries, Inc., Hire Alternatives ...... Burlington, NC. 94,299B ...... Copland Fabrics, Inc., Hire Alternatives ...... Burlington, NC. 94,313 ...... Insight Global ...... San Diego, CA. 94,360 ...... DST Systems, Inc...... Kansas City, MO. 94,365 ...... Callen Manufacturing Corporation ...... Northlake, IL. 94,391 ...... CA Technologies, Broadcom Inc...... New York, NY. 94,433 ...... Tangoe US, Inc...... Parsippany, NJ. 94,507 ...... Afgritech, LLC ...... Watertown, NY.

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

TA–W No. Subject firm Location Impact date

93,345 ...... Dex Media, Inc., Dex YP ...... Maryland Heights, MO. 93,731 ...... GE MDS ...... Rochester, NY. 93,918 ...... Lexis Nexis, RELX Division, Reed Elsevier Lexis Nexis (RELX), Albany, NY. Allegis. 93,981 ...... Nike, Inc., WHQ-Beaverton ...... Beaverton, OR. 93,986 ...... Electrolux Home Products, Inc., Freezer Division ...... Saint Cloud, MN. 94,098 ...... Caterpillar Inc., dba Dyersburg Transmission Facility, Advanced Dyersburg, TN. Components Manufacturing, Manpower, AECom, Vonochen Services, etc.. 94,111 ...... Dex Media, Inc., d/b/a Dex YP ...... DFW Airport, TX. 94,231 ...... Arjo, Inc, Arjo AB, Entegee, Patriot Technical, Contract Tech, San Antonio, TX. Adecco NA. 94,343 ...... IQVIA Inc., Quintiles IMS, IQVIA Holdings, Chief Information Of- Collegeville, PA. fice, etc.. 94,346 ...... Amesbury Group, Inc. (DBA AmesburyTruth) ...... Amesbury, MA. 94,350 ...... ICON Information Consultants, NRG Energy, Inc., Homer City Homer City, PA. Generating Station, NRG Energy. 94,369 ...... Zebra Technologies, Inc...... El Paso, TX. 94,393 ...... Grays Harbor Community Hospital, Patient Accounts, Billing Unit, Aberdeen, WA. Grays Harbor Public Hospital, District #2. 94,452 ...... Zodiac Electrical Inserts USA, Zodiac Electrical Inserts (ZEIU) Re- Huntington Beach, CA. porting Unit, Zodiac Aerospace, etc.. 94,454 ...... GCL Solar Materials US I, LLC, Kelly Services, ADP TotalSource Pasadena, TX. 94,462 ...... Axeon Specialty Products LLC, Axeon Refining LLC, Associated Paulsboro, NJ. Asphalt Partners (AAP). 94,474 ...... Tangoe US, Inc., Operations Service Excellence Organization ...... Parsippany, NJ.

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

TA–W No. Subject firm Location Impact date

94,374 ...... DXC Technology ...... Tysons, VA. 94,460 ...... PVH Neckwear, Inc., PVH Corp...... Los Angeles, CA.

I hereby certify that the listing determinations or by calling the Signed at Washington DC this 4th day of aforementioned determinations were Office of Trade Adjustment Assistance March 2019. issued during the period of January 1, toll free at 888–365–6822. Hope D. Kinglock, 2019 through February 28, 2019. These Certifying Officer, Office of Trade Adjustment determinations are available on the Assistance. Department’s website https:// [FR Doc. 2019–05305 Filed 3–20–19; 8:45 am] _ www.doleta.gov/tradeact/taa/taa BILLING CODE 4510–FN–P search_form.cfm under the searchable

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DEPARTMENT OF LABOR group eligibility requirements are met, are threatened to become totally or Revised Certifications of Eligibility or partially separated; Employment and Training Revised Determinations have been AND (2(A) or 2(B) below) Administration issued. Revised Certifications of (2) The second criterion (set forth in Eligibility and Revised Determinations Section 222(a)(2) of the Act, 19 U.S.C. Post-Initial Determinations Regarding are final determinations for purposes of 2272(a)(2)) may be satisfied by either (A) Eligiblity To Apply for Trade judicial review pursuant to section 284 the Increased Imports Path, or (B) the Adjustment Assistance of the Act (19 U.S.C. 2395) and 29 CFR Shift in Production or Services to a In accordance with Sections 223 and 90.19(a). See 29 CFR 90.18(h). Negative Determinations on Reconsideration have Foreign Country Path/Acquisition of 284 (19 U.S.C. 2273 and 2395) of the Articles or Services from a Foreign Trade Act of 1974 (19 U.S.C. 2271, et been issued with respect to cases where the worker group eligibility Country Path, as follows: seq.) (‘‘Act’’), as amended, the requirements are not met. Negative (A) Increased Imports Path: Department of Labor herein presents Determinations on Reconsideration are (i) the sales or production, or both, of Notice of Affirmative Determinations final determinations for purposes of such firm, have decreased absolutely; Regarding Application for judicial review pursuant to section 284 AND (ii and iii below) Reconsideration, summaries of Negative of the Act (19 U.S.C. 2395) and 29 CFR Determinations Regarding Applications (ii) (I) imports of articles or services 90.19(a). See 29 CFR 90.18(i). for Reconsideration, summaries of like or directly competitive with articles Revised Certifications of Eligibility, Notice of Determination on Remand produced or services supplied by such firm have increased; OR summaries of Revised Determinations Post-initial determinations have also (after Affirmative Determination (II)(aa) imports of articles like or been issued with respect to cases where directly competitive with articles into Regarding Application for negative determinations regarding Reconsideration), summaries of which one or more component parts eligibility to apply for TAA were issued produced by such firm are directly Negative Determinations (after initially or on reconsideration and were Affirmative Determination Regarding incorporated, have increased; OR appealed to the Court of International (II)(bb) imports of articles like or Application for Reconsideration), Trade and remanded by the court to the summaries of Revised Determinations directly competitive with articles which Secretary for the taking of additional are produced directly using the services (on remand from the Court of evidence. See 29 CFR 90.19(a) and (c). International Trade), and summaries of supplied by such firm, have increased; For cases where the worker group OR Negative Determinations (on remand eligibility requirements are met, the (III) imports of articles directly from the Court of International Trade) previous determination was modified incorporating one or more component regarding eligibility to apply for trade and Revised Determinations on Remand parts produced outside the United adjustment assistance under Chapter 2 have been issued. For cases where the States that are like or directly of the Act (‘‘TAA’’) for workers by (TA– worker group eligibility requirements competitive with imports of articles W) number issued during the period of are not met, the previous determination incorporating one or more component January 1st, 2019 through February is affirmed and Negative Determinations parts produced by such firm have 28th, 2019. Post-initial determinations on Remand have been issued. The increased; are issued after a petition has been Secretary will certify and file the record certified or denied. A post-initial of the remand proceedings in the Court AND determination may revise a certification, of International Trade. Determinations (iii) the increase in imports described or modify or affirm a negative on Remand are final determinations for in clause (ii) contributed importantly to determination. purposes of judicial review pursuant to such workers’ separation or threat of Notice of Revised Certifications of section 284 of the Act (19 U.S.C. 2395). separation and to the decline in the sales or production of such firm; OR Eligibility Summary of Statutory Requirement (B) Shift in Production or Services to Revised certifications of eligibility (This Notice primarily follows the a Foreign Country Path OR Acquisition have been issued with respect to cases language of the Trade Act. In some of Articles or Services from a Foreign where affirmative determinations and places however, changes such as the Country Path: certificates of eligibility were issued inclusion of subheadings, a (i)(I) there has been a shift by such initially, but a minor error was reorganization of language, or ‘‘and,’’ workers’ firm to a foreign country in the discovered after the certification was ‘‘or,’’ or other words are added for production of articles or the supply of issued. The revised certifications are clarification.) services like or directly competitive issued pursuant to the Secretary’s with articles which are produced or authority under section 223 of the Act Section 222(a)—Workers of a Primary Firm services which are supplied by such and 29 CFR 90.16. Revised firm; OR Certifications of Eligibility are final In order for an affirmative (II) such workers’ firm has acquired determinations for purposes of judicial determination to be made for workers of from a foreign country articles or review pursuant to section 284 of the a primary firm and a certification issued services that are like or directly Act (19 U.S.C. 2395) and 29 CFR regarding eligibility to apply for TAA, competitive with articles which are 90.19(a). the group eligibility requirements under produced or services which are Section 222(a) of the Act (19 U.S.C. Notice of Determinations on supplied by such firm; 2272(a)) must be met, as follows: Reconsideration (1) The first criterion (set forth in AND Post-initial determinations have been Section 222(a)(1) of the Act, 19 U.S.C. (ii) the shift described in clause (i)(I) issued with respect to cases where 2272(a)(1)) is that a significant number or the acquisition of articles or services affirmative determinations regarding or proportion of the workers in such described in clause (i)(II) contributed applications for reconsideration were workers’ firm (or ‘‘such firm’’) have importantly to such workers’ separation granted. For cases where the worker become totally or partially separated, or or threat of separation.

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Section 222(b)—Adversely Affected (B) a loss of business by the workers’ (2) the petition is filed during the 1- Secondary Workers firm with the firm described in year period beginning on the date on paragraph (2) contributed importantly to which— In order for an affirmative the workers’ separation or threat of determination to be made for adversely (A) a summary of the report submitted separation determined under paragraph affected secondary workers of a firm and to the President by the International (1). a certification issued regarding Trade Commission under section 202(f)(1) of the Trade Act (19 U.S.C. eligibility to apply for TAA, the group Section 222(e)—Firms identified by the 2252(f)(1)) with respect to the eligibility requirements of Section International Trade Commission affirmative determination described in 222(b) of the Act (19 U.S.C. 2272(b)) In order for an affirmative must be met, as follows: paragraph (1)(A) is published in the determination to be made for adversely Federal Register under section 202(f)(3) (1) a significant number or proportion affected workers in firms identified by (19 U.S.C. 2252(f)(3)); OR of the workers in the workers’ firm or the International Trade Commission and (B) notice of an affirmative an appropriate subdivision of the firm a certification issued regarding determination described in have become totally or partially eligibility to apply for TAA, the group subparagraph (B) or (C) of paragraph (1) separated, or are threatened to become eligibility requirements of Section is published in the Federal Register; totally or partially separated; 222(e) of the Act (19 U.S.C. 2272(e)) AND AND must be met, by following criteria (1), (3) the workers have become totally or (2) the workers’ firm is a supplier or (2), and (3) as follows: (1) The workers’ firm is publicly partially separated from the workers’ downstream producer to a firm that firm within— employed a group of workers who identified by name by the International (A) the 1-year period described in received a certification of eligibility Trade Commission as a member of a paragraph (2); OR under Section 222(a) of the Act (19 domestic industry in an investigation (B) notwithstanding section 223(b) of U.S.C. 2272(a)), and such supply or resulting in— the Act (19 U.S.C. 2273(b)), the 1-year production is related to the article or (A) an affirmative determination of period preceding the 1-year period service that was the basis for such serious injury or threat thereof under described in paragraph (2). certification (as defined in subsection section 202(b)(1) of the Act (19 U.S.C. Revised Certifications of Eligibility 222(c)(3) and (4) of the Act (19 U.S.C. 2252(b)(1)); OR (B) an affirmative determination of 2272(c)(3) and (4)); The following revised certifications of market disruption or threat thereof eligibility to apply for TAA have been AND under section 421(b)(1)of the Act (19 issued. The date following the company (3) either— U.S.C. 2436(b)(1)); OR name and location of each (A) the workers’ firm is a supplier and (C) an affirmative final determination determination references the impact the component parts it supplied to the of material injury or threat thereof under date for all workers of such firm described in paragraph (2) section 705(b)(1)(A) or 735(b)(1)(A) of determination, and the reason(s) for the accounted for at least 20 percent of the the Tariff Act of 1930 (19 U.S.C. determination. production or sales of the workers’ firm; 1671d(b)(1)(A) and 1673d(b)(1)(A)); The following revisions have been OR AND issued.

Impact TA–W No. Subject firm Location date Reason(s)

92,754 ...... Axeon Specialty Products LLC ...... Paulsboro, NJ ...... 3/24/2016 Ownership Change of a Successor Firm. 92,754A ... Axeon Refining LLC ...... San Antonio, TX ...... 3/24/2016 Ownership Change of a Successor Firm. 92,754B ... Axeon Refining LLC ...... Stamford, CT ...... 3/24/2016 Ownership Change of a Successor Firm. 93,202 ...... Dex Media, Inc...... Tucker, GA ...... 10/3/2016 Worker Group Clarification. 93,202A ... Dex Media, Inc...... DFW Airport, TX ...... 10/3/2016 Worker Group Clarification. 93,202B ... Dex Media, Inc...... Maryland Heights, MO 10/3/2016 Worker Group Clarification. 93,267 ...... Caterpillar Inc., dba Dyersburg Trans- Dyersburg, TN ...... 11/1/2016 Worker Group Clarification. mission Facility. 93,450 ...... Nike, Inc...... Beaverton, OR ...... 1/23/2017 Worker Group Clarification. 93,450A ... Nike, Inc...... Beaverton, OR ...... 9/7/2018 Worker Group Clarification. 93,704 ...... Electrolux Home Products, Inc...... St. Cloud, MN ...... 4/5/2017 Worker Group Clarification. 93,714 ...... NRG Energy, Inc...... Homer City, PA ...... 4/9/2017 Technical Error. 93,839 ...... Arjo, Inc...... San Antonio, TX ...... 5/24/2017 Worker Group Clarification. 94,160 ...... Zebra Technologies Corporation ...... El Paso, TX ...... 9/20/2017 Worker Group Clarification. 94,214 ...... IQVIA Inc...... Chesapeake, VA ...... 10/4/2017 Worker Group Clarification. 94,214A ... IQVIA Inc...... Collegeville, PA ...... 10/4/2017 Worker Group Clarification. 94,329 ...... GCL Solar Materials US I, LLC ...... Pasadena, TX ...... 11/12/2017 Worker Group Clarification.

Revised Determinations (After to apply for TAA, have been issued. The The following revised determinations Affirmative Determination Regarding date following the company name and on reconsideration, certifying eligibility Application for Reconsideration) location of each determination to apply for TAA, have been issued. The references the impact date for all requirements of Section 222(a)(2)(A) The following revised determinations workers of such determination. (Increased Imports Path) of the Trade on reconsideration, certifying eligibility Act have been met.

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Impact TA–W No. Subject firm Location date

91,495 ...... Molycorp Metals and Alloys, Inc...... Mountain Pass, CA ..... 2/19/2015 92,554 ...... Skiva Graphics Screen ...... Carlsbad, CA ...... 1/13/2016 93,624 ...... Georgia-Pacific Consumer Operations LLC ...... Camas, WA ...... 3/8/2017

The following revised determinations requirements of Section 222(a)(2)(B) Articles or Services from a Foreign on reconsideration, certifying eligibility (Shift in Production or Services to a Country Path) of the Trade Act have to apply for TAA, have been issued. The Foreign Country Path or Acquisition of been met.

TA–W No. Subject firm Location Impact Date

93,502 ...... KES Acquisition Company d/b/a Kentucky Electric Steel (KES) ...... Ashland, KY ...... 1/26/2017 93,760 ...... Radial South ...... Memphis, TN ...... 4/24/2017

I hereby certify that the concerning the proposed extension of longitudinal QCEW data include the aforementioned determinations were the ‘‘Multiple Worksite Report and the individual employers’ employment and issued during the period of January 1st Report of Federal Employment and wages data along with associated 2019 through February 28th 2019. These Wages.’’ A copy of the proposed business identification information that determinations are available on the information collection request (ICR) can is maintained by each State to Department’s website https:// be obtained by contacting the individual administer the UI program as well as the www.doleta.gov/tradeact/taa/taa_ listed below in the ADDRESSES section of Unemployment Compensation for search_form.cfm under the searchable this notice. Federal Employees (UCFE) program. listing determinations or by calling the DATES: Written comments must be The QCEW Report, produced for each Office of Trade Adjustment Assistance submitted to the office listed in the calendar quarter, is a summary of these toll free at 888–365–6822. ADDRESSES section of this notice on or employer (micro-level) data by industry at the county level. Similar data for Signed at Washington, DC this 6th day of before May 20, 2019. Federal Government employees covered March 2019. ADDRESSES: Send comments to Carol by the UCFE program also are included Hope D. Kinglock, Rowan, BLS Clearance Officer, Division in each State’s report. These data are Certifying Officer, Office of Trade Adjustment of Management Systems, Bureau of submitted by all 50 States, the District Assistance. Labor Statistics, Room 4080, 2 of Columbia, Puerto Rico, and the Virgin [FR Doc. 2019–05306 Filed 3–20–19; 8:45 am] Massachusetts Avenue NE, Washington, Islands to the BLS which then BILLING CODE 4510–FN–P DC 20212. Written comments also may summarizes these micro-level data to be transmitted by fax to 202–691–5111 produce totals for the States and the (this is not a toll free number). Nation. The QCEW Report provides a DEPARTMENT OF LABOR FOR FURTHER INFORMATION CONTACT: virtual census of nonagricultural Carol Rowan, BLS Clearance Officer, Bureau of Labor Statistics employees and their wages, with 202–691–7628 (this is not a toll free approximately 49 percent of the workers Information Collection Activities; number). (See ADDRESSES section.) in agriculture covered as well. Comment Request SUPPLEMENTARY INFORMATION: For employers having only a single physical location or worksite in the I. Background AGENCY: Bureau of Labor Statistics, State and, thus, operating under a single Department of Labor. The Quarterly Census of Employment industrial and geographical code, the ACTION: Notice of information collection; and Wages (QCEW) program is a data from the States’ UI accounting files request for comment. Federal/State cooperative effort which are sufficient for statistical purposes. compiles monthly employment data, However, such data are not sufficient for SUMMARY: The Department of Labor, as quarterly wages data, and business statistical purposes for those employers part of its continuing effort to reduce identification information from having multiple establishments or paperwork and respondent burden, employers subject to State engaging in different industrial conducts a pre-clearance consultation Unemployment Insurance (UI) laws. activities within the State. In such cases, program to provide the general public These data are collected from State the employer’s QCR reflects only and Federal agencies with an Quarterly Contribution Reports (QCRs) statewide employment and wages and is opportunity to comment on proposed submitted to State Workforce Agencies not disaggregated by establishment or and/or continuing collections of (SWAs). The States send micro-level worksite. Although data at these levels information in accordance with the employment and wages data, are sufficient for many purposes of the Paperwork Reduction Act of 1995. This supplemented with the names, UI program, more detailed information program helps to ensure that requested addresses, and business identification is required to create a sampling frame data can be provided in the desired information of these employers, to the and to meet the needs of several ongoing format, reporting burden (time and BLS. The State data are used to create Federal/State statistical programs. The financial resources) is minimized, the BLS sampling frame, known as the Multiple Worksite Report (MWR) is collection instruments are clearly longitudinal QCEW data. This file designed to supplement the QCR when understood, and the impact of collection represents the best source of detailed more detailed information is needed. requirements on respondents can be industrial and geographical data on Because of the data captured by the properly assessed. The Bureau of Labor employers and is used as the sampling MWR, improved establishment business Statistics (BLS) is soliciting comments frame for most BLS surveys. The identification data elements have been

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incorporated into and maintained by the No other standardized report is BLS continues to see much greater longitudinal QCEW database. The MWR available to collect current utilization of this reporting option. collects a physical location address, establishment-level monthly III. Desired Focus of Comments secondary name (trade name, division, employment and wages data by SWAs subsidiary, etc.), and reporting unit for statistical purposes each quarter The Bureau of Labor Statistics is description (store number, plant name from the private sector nor State and particularly interested in comments or number, etc.) for each worksite of local governments. Also, no other that: multi-establishment employers. standardized report currently is • Evaluate whether the proposed Employers with more than one available to collect installation-level collection of information is necessary establishment reporting under the same Federal monthly employment and for the proper performance of the UI account number within a State are wages data each quarter by SWAs for functions of the agency, including requested to complete the MWR if the statistical purposes. Completion of the whether the information will have sum of the employment in all of their MWR is required by law in 31 States practical utility. secondary establishments is 10 or and territories. • Evaluate the accuracy of the greater. The primary worksite is defined II. Current Action agency’s estimate of the burden of the as the establishment with the greatest proposed collection of information, number of employees. Upon receipt of Office of Management and Budget including the validity of the the first MWR form, each employer is clearance is being sought for an methodology and assumptions used. requested to supply business location extension of the Multiple Worksite • Enhance the quality, utility, and identification information. Thereafter, Report and the Report of Federal clarity of the information to be this reported information appears on the Employment and Wages. The BLS has taken steps to help collected. MWR each quarter. The employer is • requested to verify the accuracy of this reduce employer reporting burden by Minimize the burden of the business location identification developing a standardized format for collection of information on those who information and to provide only the employers to use to send these data to are to respond, including through the employment and wages for each the States in an electronic medium. The use of appropriate automated, worksite for that quarter. By using a BLS established an Electronic Data electronic, mechanical, or other standardized form, the reporting burden Interchange (EDI) Collection Center to technological collection techniques or on many large employers, especially improve and expedite the MWR other forms of information technology, those engaged in multiple economic collection process. Employers who e.g., permitting electronic submissions activities at various locations across complete the MWR for multi-location of responses. numerous States, is reduced. businesses can submit employment and Title: Multiple Worksite Report The function of the Report of Federal wages information on any electronic (MWR) and the Report of Federal Employment and Wages (RFEW) is to medium directly to the data collection Employment and Wages (RFEW). collect employment and wages data for center, rather than separately to each OMB Number: 1220–0134. Federal establishments covered under State agency. The data collection center Type of Review: Extension of a the UCFE program. The MWR and then distributes the appropriate data to currently approved collection. RFEW are essentially the same. The the respective States. In addition, the Affected Public: Business or other for- MWR/RFEW forms are designed to BLS developed a web-based system, profit institutions, not-for-profit collect data for each establishment of a MWRweb, to collect these data from institutions, and the Federal multi-establishment employer. small to medium-size businesses. The Government.

Average Total Total time per Total burden Form number respondents Frequency responses response (hours) (minutes)

BLS 3020 (MWR/Federal) ...... 144,509 4 578,036 22.2 213,873 BLS 3021 (RFEW/Non-Federal) ...... 2,630 4 10,520 22.2 3,892

Totals: ...... 147,139 4 588,556 ...... 217,765

Comments submitted in response to DEPARTMENT OF LABOR SUMMARY: OSHA solicits public this notice will be summarized and/or comments concerning its request to included in the request for Office of Occupational Safety and Health extend OMB’s approval of information Management and Budget approval of the Administration collection regarding the State Plans information collection request; they also program and regulations for the will become a matter of public record. [Docket No. OSHA–2011–0197] development and enforcement of state occupational safety and health Signed at Washington, DC, this 14th day of Occupational Safety and Health State standards. March, 2019. Plans; Extension of the Office of DATES: Comments must be submitted Mark Staniorski, Management and Budget’s (OMB) (postmarked, sent, or received) by May Division Chief, Division of Management Approval of Information Collection 20, 2019. Systems Bureau of Labor Statistics. (Paperwork) Requirements ADDRESSES [FR Doc. 2019–05346 Filed 3–20–19; 8:45 am] : AGENCY: Occupational Safety and Health Electronically: You may submit BILLING CODE 4510–24–P Administration (OSHA), Labor. comments and attachments electronically at http:// ACTION: Request for public comments. www.regulations.gov, which is the

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Federal eRulemaking Portal. Follow the opportunity to comment on proposed II. Special Issues for Comment instructions online for submitting and continuing information collection OSHA has a particular interest in comments. requirements in accordance with the comments on the following issues: Facsimile: If your comments, Paperwork Reduction Act of 1995 • Whether the proposed information including attachments, are not longer (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This collection requirements are necessary than 10 pages you may fax them to the program ensures that information is in for the proper performance of the the desired format, the reporting burden OSHA Docket Office at (202) 693–1648. agency’s functions, including whether Mail, hand delivery, express mail, (time and costs) is minimal, the the information is useful; messenger, or courier service: When collection instruments are clearly • The accuracy of OSHA’s estimate of using this method, you must submit a understood, and OSHA’s estimate of the the burden (time and costs) of the copy of your comments and attachments information collection burden is information collection requirements, to the OSHA Docket Office, Docket No. accurate. OSHA is soliciting comments including the validity of the OSHA–2011–0197, Occupational Safety concerning the extension of the methodology and assumptions used; and Health Administration, U.S. information collection requirements • The quality, utility, and clarity of Department of Labor, Room N–3653, contained in the series of regulations the information collected; and 200 Constitution Avenue NW, establishing requirements for the • Ways to minimize the burden on Washington, DC 20210. Deliveries submission, initial approval, continuing employers who must comply—for (hand, express mail, messenger, and approval, final approval, monitoring, example, by using automated or other courier service) are accepted during the and evaluation of OSHA-approved State technological information collection OSHA Docket Office’s normal business Plans: and transmission techniques. hours, 10:00 a.m. to 3:00 p.m., ET. • 29 CFR part 1902, State Plans for Instructions: All submissions must the Development and Enforcement of III. Proposed Actions include the agency name and the OSHA State Standards; • OSHA is requesting that OMB extend docket number (OSHA–2011–0197) for 29 CFR part 1953, Changes to State Plans for the Development and approval of the collection of information the Information Collection Request requirements associated with State Plan (ICR). All comments, including any Enforcement of State Standards; • 29 CFR part 1954, Procedures for regulations. The agency is requesting an personal information you provide, are adjustment decrease related to the placed in the public docket without the Evaluation and Monitoring of Approved State Plans; and number of burden hours associated with change, and may be made available • the developmental steps necessary for online at http://www.regulations.gov. 29 CFR part 1956, State Plans for the Development and Enforcement of certain states in the developmental For further information on submitting process, including Maine, Illinois, and comments, see the ‘‘Public State Standards Applicable to State and Local Government Employees in States Virgin Islands. As a result, the total Participation’’ heading in the section of Without Approved Private Employee burden hours have decreased slightly this notice titled SUPPLEMENTARY Plans. from 11,519 to 11,369 (a decrease of 150 INFORMATION. Section 18 of the Occupational Safety burden hours). The agency will Docket: To read or download and Health Act (29 U.S.C. 667) offers an summarize the comments submitted in comments or other material in the opportunity to the states to assume response to this notice and will include docket, go to http://www.regulations.gov responsibility for the development and this summary in its request to OMB. or the OSHA Docket Office at the above enforcement of state standards through Type of Review: Extension of a address. All documents in the docket the mechanism of an OSHA-approved currently approved collection. (including this Federal Register notice) State Plan. Absent an approved plan, Title: Occupational Safety and Health are listed in the http:// states are precluded from enforcing Plans. www.regulations.gov index; however, occupational safety and health OMB Control Number: 1218–0247. some information (e.g., copyrighted standards in the private sector with Affected Public: Designated state material) is not publicly available to respect to any issue for which Federal government agencies that are seeking or read or download through the website. OSHA has promulgated a standard. have submitted and obtained approval All submissions, including copyrighted Once approved and operational, the for State Plans for the development and material, are available for inspection state adopts standards and provides enforcement of occupational safety and and copying at the OSHA Docket Office. most occupational safety and health health standards. You may also contact Douglas enforcement and compliance assistance Number of Respondents: 28. Kalinowski at the below address to in the state under the authority of its Frequency: On occasion; Quarterly; obtain a copy of the ICR. plan, instead of Federal OSHA. States Annually. FOR FURTHER INFORMATION CONTACT: also must extend their jurisdiction to Average Time per Response: Various. Suzanne Smith, Office of State cover state and local government Estimated Number of Responses: Programs, Directorate of Cooperative employees and may obtain approval of 1,301. and State Programs, Occupational Safety State Plans limited in scope to these Estimated Total Burden Hours: and Health Administration, U.S. workers. To obtain and maintain State 11,369. Department of Labor; telephone: (202) Plan approval, a state must submit Estimated Cost (Operation and 693–2217; email: smith.suzanne@ various documents to OSHA describing Maintenance): $0. dol.gov. program structure and operation, IV. Public Participation—Submission of SUPPLEMENTARY INFORMATION: including any modifications thereto as they occur, in accordance with the Comments on This Notice and Internet I. Background identified regulations. OSHA funds 50 Access to Comments and Submissions The Department of Labor, as part of a percent of the costs required to be You may submit comments in continuing effort to reduce paperwork incurred by an approved State Plan, response to this document as follows: and respondent (i.e., the State plans) with the state at least matching and (1) Electronically at http:// burden, conducts a preclearance process providing additional funding at its www.regulations.gov, which is the to provide the public with an discretion. Federal eRulemaking Portal; (2) by

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facsimile (fax); or (3) by hard copy. All DEPARTMENT OF LABOR or the OSHA Docket Office at the above comments, attachments, and other address. All documents in the docket materials must identify the agency name Occupational Safety and Health (including this Federal Register notice) and the OSHA docket number (Docket Administration are listed in the http:// No. OSHA–2011–0197) for the ICR. You www.regulations.gov index; however, [Docket No. OSHA–2011–0008] may supplement electronic submissions some information (e.g., copyrighted by uploading document files Standard on Commercial Diving material) is not publicly available to electronically. If you wish to mail Operations; Extension of the Office of read or download through the website. additional materials in reference to an Management and Budget’s (OMB) All submissions, including copyrighted electronic or facsimile submission, you Approval of Information Collection material, are available for inspection must submit them to the OSHA Docket (Paperwork) Requirements and copying at the OSHA Docket Office. Office (see the section of this notice You may also contact Theda Kenney at titled ADDRESSES). The additional AGENCY: Occupational Safety and Health (202) 693–2222 to obtain a copy of the materials must clearly identify Administration (OSHA), Labor. ICR. electronic comments by your name, ACTION: Request for public comments. FOR FURTHER INFORMATION CONTACT: date, and the docket number so that the Theda Kenney or Seleda Perryman, agency can attach them to your SUMMARY: OSHA solicits public Directorate of Standards and Guidance, comments. comments concerning the proposal to OSHA, U.S. Department of Labor, extend OMB approval of the Because of security procedures, the telephone (202) 693–2222. information collection requirements use of regular mail may cause a SUPPLEMENTARY INFORMATION: contained in the standard on significant delay in the receipt of Commercial Diving Operations. comments. For information about I. Background security procedures concerning the DATES: Comments must be submitted The Department of Labor, as part of a delivery of materials by hand, express (postmarked, sent, or received) by May continuing effort to reduce paperwork delivery, messenger, or courier service, 20, 2019. and respondent (i.e., employer) burden, please contact the OSHA Docket Office ADDRESSES: conducts a preclearance consultation at (202) 693–2350; TTY (877) 889–5627. Electronically: You may submit program to provide the public with an Comments and submissions are comments and attachments opportunity to comment on proposed posted without change at http:// electronically at http:// and continuing information collection www.regulations.gov. Therefore, OSHA www.regulations.gov, which is the requirements in accordance with the cautions commenters about submitting Federal eRulemaking Portal. Follow the Paperwork Reduction Act of 1995 personal information such as social instructions online for submitting (PRA–95) (44 U.S.C. 3506(c)(2)(A)). This security numbers and dates of birth. comments. program ensures that information is in Although all submissions are listed in Facsimile: If your comments, the desired format, the reporting burden the http://www.regulations.gov index, including attachments, are not longer (time and costs) is minimal, the some information (e.g., copyrighted than 10 pages you may fax them to the collection instruments are clearly material) is not publicly available to OSHA Docket Office at (202) 693–1648. understood, and OSHA’s estimate of the read or download through this website. Mail, hand delivery, express mail, information collection burden is All submissions, including copyrighted messenger, or courier service: When accurate. The Occupational Safety and material, are available for inspection using this method, you must submit a Health Act of 1970 (OSH Act) (29 U.S.C. and copying at the OSHA Docket Office. copy of your comments and attachments 651 et seq.) authorizes information Information on using the http:// to the OSHA Docket Office, Docket No. collection by employers as necessary or www.regulations.gov website to submit OSHA–2011–0008, Occupational Safety appropriate for enforcement of the Act comments and access the docket is and Health Administration, U.S. or for developing information regarding available at the website’s ‘‘User Tips’’ Department of Labor, Room N–3653, the causes and prevention of link. Contact the OSHA Docket Office 200 Constitution Avenue NW, occupational injuries, illnesses, and for information about materials not Washington, DC 20210. Deliveries incidents (see 29 U.S.C. 657). The OSH available through the website, and for (hand, express mail, messenger, and Act also requires OSHA to obtain such assistance in using the internet to locate courier service) are accepted during the information with a minimum burden docket submissions. OSHA Docket Office’s normal business upon employers, especially those hours, 10:00 a.m. to 3:00 p.m., ET. operating small businesses, and to V. Authority and Signature Instructions: All submissions must reduce to the maximum extent feasible include the agency name and the OSHA unnecessary duplication of efforts in Loren Sweatt, Acting Assistant docket number (OSHA–2011–0008) for obtaining said information (see 29 Secretary of Labor for Occupational the Information Collection Request U.S.C. 657). Safety and Health, directed the (ICR). All comments, including any The following provisions of the preparation of this notice. The authority personal information you provide, are Commercial Diving Operations for this notice is the Paperwork placed in the public docket without Standards (the ‘‘standards’’) contain Reduction Act of 1995 (44 U.S.C. 3506 change, and may be made available paperwork requirements: et seq.) and Secretary of Labor’s Order online at http://www.regulations.gov. §§ 1910.401(b); 1910.420(a) and (b); No. 1–2012 (77 FR 3912). For further information on submitting 1910.421(b) and (h); 1910.422(e); Signed at Washington, DC, on March 15, comments, see the ‘‘Public 1910.423(d) and (e); 1910.430(a), (b)(4), 2019. Participation’’ heading in the section of (c)(1)(i) through (c)(1)(iii), (c)(3)(i), Loren Sweatt, this notice titled SUPPLEMENTARY (f)(3)(ii), and (g)(2); and 1910.440(a)(2) Acting Assistant Secretary of Labor for INFORMATION. and (b). These provisions require that Occupational Safety and Health. Docket: To read or download employers: Notify OSHA if they deviate [FR Doc. 2019–05348 Filed 3–20–19; 8:45 am] comments or other material in the from the operational requirements of the BILLING CODE 4510–26–P docket, go to http://www.regulations.gov standards; develop and make available

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to employees a safe practices manual; • Ways to minimize the burden on please contact the OSHA Docket Office maintain a list of emergency telephone employers who must comply; for at (202) 693–2350, (TTY (877) 889– or call numbers at the diving location; example, by using automated or other 5627). display a code flag ‘‘A’’ if diving from technological information collection Comments and submissions are a surface other than a vessel in and transmission techniques. posted without change at http:// navigable waters; and develop and www.regulations.gov. Therefore, OSHA III. Proposed Actions maintain a depth-time profile for each cautions commenters about submitting dive. The standards also mandate that According to the Bureau of Labor personal information such as social employers: Record and maintain diving Statistics’ Occupational Employment security numbers and date of birth. logs that contain required information; Statistics report on Occupational Although all submissions are listed in investigate and provide a written Employment and Wages, May 2017, the the http://www.regulations.gov index, evaluation of any incident involving number of professional divers has some information (e.g., copyrighted decompression sickness; mark diving decreased from 10,000 divers in 2008 to material) is not publicly available to umbilicals as required; inspect, test, and 3,280 in 2017. Therefore, OSHA is read or download from this website. calibrate specified diving equipment; requesting an adjustment decrease of All submissions, including record modifications, repairs, tests, 137,847 burden hours from 205,015 to copyrighted material, are available for calibrations, and maintenance 67,168 hours. The agency will inspection and copying at the OSHA performed on any diving equipment; summarize any comments submitted in Docket Office. Information on using the make a record of diving-related injuries response to this notice and will include http://www.regulations.gov website to and illnesses that result in a diver this summary in the request to OMB. submit comments and access the docket remaining in a hospital for over 24 Type of Review: Extension of a is available at the website’s ‘‘User Tips’’ hours; and create, and disclose to currently approved collection. link. Contact the OSHA Docket Office specified parties on request, the written Title: Commercial Diving Operations for information about materials not records required by the standard, and Standard (29 CFR part 1910, subpart T). available from the website, and for maintain these records for specified OMB Control Number: 1218–0069. assistance in using the internet to locate periods. Affected Public: Businesses or other docket submissions. The standards paperwork for-profits. Number of Respondents: 1,093. V. Authority and Signature requirements allow employers to Frequency of Responses: On occasion. deviate from established diving Loren Sweatt, Acting Assistant Total Responses: 1,325,509. Secretary of Labor for Occupational practices and tailor diving operations to Average Time per Response: Various. unusually hazardous diving conditions, Safety and Health, directed the Estimated Total Burden Hours: preparation of this notice. The authority and to analyze diving records (including 67,168. hospitalization and treatment records) for this notice is the Paperwork Estimated Cost (Operation and Reduction Act of 1995 (44 U.S.C. 3506 for information they can use to improve Maintenance): $0. diving operations. These requirements et seq.) and Secretary of Labor’s Order are also a direct and efficient means for IV. Public Participation—Submission of No. 1–2012 (77 FR 3912). employers to inform dive-team members Comments on This Notice and Internet Signed at Washington, DC, on March 15, about diving-related hazards, Access to Comments and Submissions 2019. procedures to use in avoiding and You may submit comments in Loren Sweatt, controlling these hazards, and response to this document as follows: Acting Assistant Secretary of Labor for recognizing and treating diving-related (1) Electronically at http:// Occupational Safety and Health. illnesses and injuries. Additionally, www.regulations.gov, which is the [FR Doc. 2019–05349 Filed 3–20–19; 8:45 am] employers can review equipment Federal eRulemaking Portal; (2) by BILLING CODE 4510–26–P records to ensure that employees facsimile (fax); or (3) by hard copy. All performed the required actions, and that comments, attachments, and other the equipment is in safe working order. materials must identify the agency name PENSION BENEFIT GUARANTY Disclosing these records to employees and the OSHA docket number (Docket CORPORATION and their designated representatives No. OSHA–2011–0008) for the ICR. You permits them to identify operational and may supplement electronic submissions Proposed Submission of Information equipment conditions that may by uploading document files Collection for OMB Review; Comment contribute to diving accidents or diving- electronically. If you wish to mail Request; Administrative Appeals related medical conditions. additional materials in reference to an AGENCY: Pension Benefit Guaranty II. Special Issues for Comment electronic or facsimile submission, you Corporation. must submit them to the OSHA Docket ACTION: Notice of intent to request OSHA has a particular interest in Office (see the section of this notice extension of OMB approval of comments on the following issues: titled ADDRESSES). The additional information collection. • Whether the proposed information materials must clearly identify collection requirements are necessary electronic comments by your name, SUMMARY: The Pension Benefit Guaranty for the proper performance of the date, and the docket number so that the Corporation (PBGC) intends to request agency’s functions, including whether agency can attach them to your that the Office of Management and the information is useful; comments. Budget (OMB) extend approval, under • The accuracy of OSHA’s estimate of Because of security procedures, the the Paperwork Reduction Act of a the burden (time and costs) of the use of regular mail may cause a collection of information under its information collection requirements, significant delay in the receipt of regulation on Rules for Administrative including the validity of the comments. For information about Review of Agency Decisions. This methodology and assumptions used; security procedures concerning the notice informs the public of PBGC’s • The quality, utility, and clarity of delivery of materials by hand, express intent and solicits public comment on the information collected; and delivery, messenger, or courier service, the collection of information.

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DATES: Comments must be submitted on ERISA section 4021 or employer POSTAL REGULATORY COMMISSION or before May 20, 2019. liability under ERISA sections [Docket Nos. MC2019–97 and CP2019–105; ADDRESSES: Comments may be 4062(b)(1), 4063, or 4064. Appeals may MC2019–98 and CP2019–106; MC2019–99 submitted by any of the following be filed by hand, mail, commercial and CP2019–107; MC2019–100 and CP2019– methods: delivery service, fax or email. For 108; MC2019–101 and CP2019–109] • Federal eRulemaking Portal: http:// appeals of benefit determinations, PBGC www.regulations.gov. Follow the has optional forms for filing appeals and New Postal Products instructions for submitting comments. requests for extensions of time to • AGENCY: Postal Regulatory Commission. Email: paperwork.comments@ appeal. pbgc.gov. Refer to Administrative ACTION: Notice. Appeals in the subject line. PBGC estimates that an average of 600 SUMMARY: The Commission is noticing a • Mail or Hand Delivery: Regulatory appellants per year will respond to this recent Postal Service filing for the Affairs Division, Office of the General collection of information. PBGC further Commission’s consideration concerning Counsel, Pension Benefit Guaranty estimates that the average annual negotiated service agreements. This Corporation, 1200 K Street NW, burden of this collection of information notice informs the public of the filing, Washington, DC 20005–4026. is about 20 minutes and $55.67 per All submissions received must appellant, with an average total annual invites public comment, and takes other include the agency’s name (Pension burden of 212 hours and $33,440. administrative steps. DATES: Comments are due: March 25, Benefit Guaranty Corporation, or PBGC) The existing collection of information 2019, and March 26, 2019. and refer to Administrative Appeals. All was approved under OMB control comments received will be posted number 1212–0061 (expires August 31, ADDRESSES: Submit comments without change to PBGC’s website, 2019). PBGC intends to request that electronically via the Commission’s Filing Online system at http:// www.pbgc.gov, including any personal OMB extend approval of this collection information provided. www.prc.gov. Those who cannot submit of information for three years. An Copies of the collection of comments electronically should contact agency may not conduct or sponsor, and information may be obtained by writing the person identified in the FOR FURTHER to Disclosure Division, Office of the a person is not required to respond to, INFORMATION CONTACT section by General Counsel, Pension Benefit a collection of information unless it telephone for advice on filing Guaranty Corporation, 1200 K Street displays a currently valid OMB control alternatives. number. NW, Washington, DC 20005–4026, or FOR FURTHER INFORMATION CONTACT: calling 202–326–4040 during normal PBGC is soliciting public comments David A. Trissell, General Counsel, at business hours. TTY users may call the to— 202–789–6820. Federal Relay Service toll-free at 800– • Evaluate whether the proposed 877–8339 and ask to be connected to SUPPLEMENTARY INFORMATION: The collection of information is necessary 202–326–4040. March 25, 2019 comment due date for the proper performance of the applies to Docket Nos. MC2019–97 and FOR FURTHER INFORMATION CONTACT: functions of the agency, including CP2019–105; MC2019–98 and CP2019– Karen Levin ([email protected]), whether the information will have 106; MC2019–99 and CP2019–107; Attorney, Regulatory Affairs Division, practical utility; MC2019–100 and CP2019–108. Office of the General Counsel, Pension The March 26, 2019 comment due Benefit Guaranty Corporation, 1200 K • Evaluate the accuracy of the agency’s estimate of the burden of the date applies to Docket Nos. MC2019– Street NW, Washington, DC 20005– 101 and CP2019–109. 4026, 202–326–4400, extension 3559. proposed collection of information, TTY users may call the Federal Relay including the validity of the Table of Contents Service toll-free at 800–877–8339 and methodologies and assumptions used; I. Introduction ask to be connected to 202–326–4400, • Enhance the quality, utility, and II. Docketed Proceeding(s) extension 3559. clarity of the information to be I. Introduction SUPPLEMENTARY INFORMATION: PBGC’s collected; and regulation on Rules for Administrative The Commission gives notice that the • Minimize the burden of the Review of Agency Decisions (29 CFR Postal Service filed request(s) for the part 4003) prescribes rules governing collection of information on those who Commission to consider matters related the issuance of initial determinations by are to respond, including through the to negotiated service agreement(s). The PBGC and the procedures for requesting use of appropriate automated, request(s) may propose the addition or and obtaining administrative review of electronic, mechanical, or other removal of a negotiated service initial determinations. Certain types of technological collection techniques or agreement from the market dominant or initial determinations are subject to other forms of information technology, the competitive product list, or the administrative appeals, which are e.g., permitting electronic submission of modification of an existing product covered in subpart D of the regulation. responses. currently appearing on the market Subpart D prescribes rules on who may Issued in Washington, DC, by dominant or the competitive product file appeals, when and where to file Hilary Duke, list. appeals, contents of appeals, and other Section II identifies the docket matters relating to appeals. Most Assistant General Counsel for Regulatory number(s) associated with each Postal Affairs Pension Benefit Guaranty appeals filed with PBGC are filed by Service request, the title of each Postal Corporation. individuals (participants, beneficiaries, Service request, the request’s acceptance and alternate payees) in connection [FR Doc. 2019–05326 Filed 3–20–19; 8:45 am] date, and the authority cited by the with benefit entitlement or amounts. A BILLING CODE 7709–02–P Postal Service for each request. For each small number of appeals are filed by request, the Commission appoints an employers in connection with other officer of the Commission to represent matters, such as plan coverage under the interests of the general public in the

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proceeding, pursuant to 39 U.S.C. 505 3015.5; Public Representative: www.prc.gov, Docket Nos. MC2019–97, (Public Representative). Section II also Christopher C. Mohr; Comments Due: CP2019–105. establishes comment deadline(s) March 25, 2019. Elizabeth Reed, pertaining to each request. 4. Docket No(s).: MC2019–100 and Attorney, Corporate and Postal Business Law. The public portions of the Postal CP2019–108; Filing Title: USPS Request [FR Doc. 2019–05323 Filed 3–20–19; 8:45 am] Service’s request(s) can be accessed via to Add Priority Mail Express, Priority the Commission’s website (http:// Mail & First-Class Package Service BILLING CODE 7710–12–P www.prc.gov). Non-public portions of Contract 54 to Competitive Product List the Postal Service’s request(s), if any, and Notice of Filing Materials Under POSTAL SERVICE can be accessed through compliance Seal; Filing Acceptance Date: March 15, with the requirements of 39 CFR 2019; Filing Authority: 39 U.S.C. 3642, Product Change—Priority Mail 1 3007.301. 39 CFR 3020.30 et seq., and 39 CFR Express, Priority Mail, & First-Class The Commission invites comments on 3015.5; Public Representative: Package Service Negotiated Service whether the Postal Service’s request(s) Christopher C. Mohr; Comments Due: Agreement in the captioned docket(s) are consistent March 25, 2019. with the policies of title 39. For AGENCY: Postal ServiceTM. 5. Docket No(s).: MC2019–101 and request(s) that the Postal Service states ACTION: Notice. concern market dominant product(s), CP2019–109; Filing Title: USPS Request to Add Priority Mail & First-Class applicable statutory and regulatory SUMMARY: The Postal Service gives Package Service Contract 96 to requirements include 39 U.S.C. 3622, 39 notice of filing a request with the Postal Competitive Product List and Notice of U.S.C. 3642, 39 CFR part 3010, and 39 Regulatory Commission to add a Filing Materials Under Seal; Filing CFR part 3020, subpart B. For request(s) domestic shipping services contract to Acceptance Date: March 15, 2019; Filing that the Postal Service states concern the list of Negotiated Service Authority: 39 U.S.C. 3642, 39 CFR competitive product(s), applicable Agreements in the Mail Classification 3020.30 et seq., and 39 CFR 3015.5; statutory and regulatory requirements Schedule’s Competitive Products List. include 39 U.S.C. 3632, 39 U.S.C. 3633, Public Representative: Lyudmila Y. Bzhilyanskaya; Comments Due: March DATES: Date of required notice: March 39 U.S.C. 3642, 39 CFR part 3015, and 21, 2019. 39 CFR part 3020, subpart B. Comment 26, 2019. FOR FURTHER INFORMATION CONTACT: deadline(s) for each request appear in This Notice will be published in the Elizabeth Reed, 202–268–3179. section II. Federal Register. SUPPLEMENTARY INFORMATION: The II. Docketed Proceeding(s) Ruth Ann Abrams, United States Postal Service® hereby 1. Docket No(s).: MC2019–97 and Acting Secretary. gives notice that, pursuant to 39 U.S.C. CP2019–105; Filing Title: USPS Request [FR Doc. 2019–05411 Filed 3–20–19; 8:45 am] 3642 and 3632(b)(3), on March 15, 2019, to Add Priority Mail & First-Class BILLING CODE 7710–FW–P it filed with the Postal Regulatory Package Service Contract 95 to Commission a USPS Request to Add Competitive Product List and Notice of Priority Mail Express, Priority Mail, & Filing Materials Under Seal; Filing First-Class Package Service Contract 54 Acceptance Date: March 15, 2019; Filing POSTAL SERVICE to Competitive Product List. Documents Authority: 39 U.S.C. 3642, 39 CFR are available at www.prc.gov, Docket Product Change—Priority Mail and Nos. MC2019–100, CP2019–108. 3020.30 et seq., and 39 CFR 3015.5; First-Class Package Service Public Representative: Lyudmila Y. Negotiated Service Agreement Elizabeth Reed, Bzhilyanskaya; Comments Due: March Attorney, Corporate and Postal Business Law. 25, 2019. AGENCY: Postal ServiceTM. 2. Docket No(s).: MC2019–98 and [FR Doc. 2019–05327 Filed 3–20–19; 8:45 am] CP2019–106; Filing Title: USPS Request ACTION: Notice. BILLING CODE 7710–12–P to Add Parcel Select and Parcel Return SUMMARY: The Postal Service gives Service Contract 8 to Competitive POSTAL SERVICE Product List and Notice of Filing notice of filing a request with the Postal Materials Under Seal; Filing Acceptance Regulatory Commission to add a Product Change—Priority Mail Date: March 15, 2019; Filing Authority: domestic shipping services contract to Express, Priority Mail, & First-Class 39 U.S.C. 3642, 39 CFR 3020.30 et seq., the list of Negotiated Service Package Service Negotiated Service and 39 CFR 3015.5; Public Agreements in the Mail Classification Agreement Representative: Kenneth R. Moeller; Schedule’s Competitive Products List. AGENCY: Postal ServiceTM. Comments Due: March 25, 2019. DATES: Date of required notice: March 3. Docket No(s).: MC2019–99 and 21, 2019. ACTION: Notice. CP2019–107; Filing Title: USPS Request to Add Priority Mail Express, Priority FOR FURTHER INFORMATION CONTACT: SUMMARY: The Postal Service gives Mail & First-Class Package Service Elizabeth Reed, 202–268–3179. notice of filing a request with the Postal Regulatory Commission to add a Contract 53 to Competitive Product List SUPPLEMENTARY INFORMATION: The and Notice of Filing Materials Under United States Postal Service® hereby domestic shipping services contract to Seal; Filing Acceptance Date: March 15, gives notice that, pursuant to 39 U.S.C. the list of Negotiated Service 2019; Filing Authority: 39 U.S.C. 3642, 3642 and 3632(b)(3), on March 15, 2019, Agreements in the Mail Classification 39 CFR 3020.30 et seq., and 39 CFR it filed with the Postal Regulatory Schedule’s Competitive Products List. Commission a USPS Request to Add DATES: Date of required notice: March 1 See Docket No. RM2018–3, Order Adopting 21, 2019. Final Rules Relating to Non-Public Information, Priority Mail & First-Class Package June 27, 2018, Attachment A at 19–22 (Order No. Service Contract 95 to Competitive FOR FURTHER INFORMATION CONTACT: 4679). Product List. Documents are available at Elizabeth Reed, 202–268–3179.

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SUPPLEMENTARY INFORMATION: The Agreements in the Mail Classification exchanges to file monthly reports that United States Postal Service® hereby Schedule’s Competitive Products List. set forth the volume and aggregate gives notice that, pursuant to 39 U.S.C. DATES: Date of required notice: March dollar amount of certain securities sold 3642 and 3632(b)(3), on March 15, 2019, 21, 2019. on the exchange each month. it filed with the Postal Regulatory FOR FURTHER INFORMATION CONTACT: The information required to be filed Commission a USPS Request to Add Elizabeth Reed, 202–268–3179. with the Commission pursuant to Rule Priority Mail Express, Priority Mail, & SUPPLEMENTARY INFORMATION: The 6a–3 is designed to enable the First-Class Package Service Contract 53 United States Postal Service® hereby to Competitive Product List. Documents Commission to carry out its statutorily gives notice that, pursuant to 39 U.S.C. are available at www.prc.gov, Docket mandated oversight functions and to 3642 and 3632(b)(3), on March 15, 2019, Nos. MC2019–99, CP2019–107. ensure that registered and exempt it filed with the Postal Regulatory exchanges continue to be in compliance Elizabeth Reed, Commission a USPS Request to Add with the Act. Priority Mail & First-Class Package Attorney, Corporate and Postal Business Law. The Commission estimates that each Service Contract 96 to Competitive [FR Doc. 2019–05328 Filed 3–20–19; 8:45 am] respondent makes approximately 12 BILLING CODE 7710–12–P Product List. Documents are available at www.prc.gov, Docket Nos. MC2019–101, such filings on an annual basis. Each CP2019–109. response takes approximately 0.5 hours. POSTAL SERVICE In addition, respondents incur shipping Elizabeth Reed, costs of approximately $20 per Product Change—Parcel Select and Attorney, Corporate and Postal Business Law. submission. Currently, 21 respondents Parcel Return Service Negotiated [FR Doc. 2019–05329 Filed 3–20–19; 8:45 am] (21 national securities exchanges) are Service Agreement BILLING CODE 7710–12–P subject to the collection of information requirements of Rule 6a–3. The AGENCY: TM Postal Service . Commission estimates that the total ACTION: Notice. SECURITIES AND EXCHANGE burden for all respondents is 126 hours COMMISSION SUMMARY: The Postal Service gives and $5,040 per year. notice of filing a request with the Postal Proposed Collection; Comment Written comments are invited on: (a) Regulatory Commission to add a Request Whether the proposed collection of domestic shipping services contract to information is necessary for the proper the list of Negotiated Service Upon Written Request, Copies Available performance of the functions of the Agreements in the Mail Classification From: Securities and Exchange Commission, including whether the Schedule’s Competitive Products List. Commission, Office of FOIA Services, information shall have practical utility; DATES: Date of required notice: March 100 F Street NE, Washington, DC (b) the accuracy of the Commission’s 21, 2019. 20549–2736 estimates of the burden of the proposed FOR FURTHER INFORMATION CONTACT: Extension: collection of information; (c) ways to Elizabeth Reed, 202–268–3179. Rule 6a–3, SEC File No. 270–0015, OMB enhance the quality, utility, and clarity Control No. 3235–0021 SUPPLEMENTARY INFORMATION: The of the information collected; and (d) United States Postal Service® hereby Notice is hereby given that pursuant ways to minimize the burden of the gives notice that, pursuant to 39 U.S.C. to the Paperwork Reduction Act of 1995 collection of information on 3642 and 3632(b)(3), on March 15, 2019, (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the respondents, including through the use it filed with the Postal Regulatory Securities and Exchange Commission of automated collection techniques or Commission a USPS Request to Add (‘‘Commission’’) is soliciting comments other forms of information technology. Parcel Select and Parcel Return Service on the existing collection of information Consideration will be given to Contract 8 to Competitive Product List. provided for in Rule 6a–3 (17 CFR comments and suggestions submitted in Documents are available at 240.6a–3) under the Securities Exchange writing within 60 days of this www.prc.gov, Docket Nos. MC2019–98, Act of 1934 (15 U.S.C. 78a et seq.) publication. CP2019–106. (‘‘Act’’). The Commission plans to submit this existing collection of An agency may not conduct or Elizabeth Reed, information to the Office of sponsor, and a person is not required to Attorney, Corporate and Postal Business Law. Management and Budget (‘‘OMB’’) for respond to, a collection of information [FR Doc. 2019–05324 Filed 3–20–19; 8:45 am] extension and approval. under the PRA unless it displays a BILLING CODE 7710–12–P Section 6 of the Act sets out a currently valid OMB control number. framework for the registration and Please direct your written comments regulation of national securities to: Charles Riddle, Acting Director/Chief POSTAL SERVICE exchanges. Under Rule 6a–3, one of the Information Officer, Securities and rules that implements Section 6, a Product Change—Priority Mail and Exchange Commission, c/o Candace national securities exchange (or an First-Class Package Service Kenner, 100 F Street NE, Washington, exchange exempted from registration as Negotiated Service Agreement DC 20549, or send an email to: PRA_ a national securities exchange based on [email protected]. AGENCY: Postal ServiceTM. limited trading volume) must provide Dated: March 15, 2019. ACTION: Notice. certain supplemental information to the Commission, including any material Eduardo A. Aleman, SUMMARY: The Postal Service gives (including notices, circulars, bulletins, Deputy Secretary. notice of filing a request with the Postal lists, and periodicals) issued or made [FR Doc. 2019–05338 Filed 3–20–19; 8:45 am] Regulatory Commission to add a generally available to members of, or BILLING CODE 8011–01–P domestic shipping services contract to participants or subscribers to, the the list of Negotiated Service exchange. Rule 6a–3 also requires the

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SECURITIES AND EXCHANGE of the burdens of the collection of I. Self-Regulatory Organization’s COMMISSION information; (iii) ways to enhance the Statement of the Terms of Substance of quality, utility, and clarity of the the Proposed Rule Change Proposed Collection; Comment information collected; and (iv) ways to Cboe Exchange, Inc. (the ‘‘Exchange’’ Request minimize the burden of the collection of or ‘‘Cboe Options’’) proposes to delete Upon Written Request, Copies Available information on respondents, including rules that are no longer necessary in the From: Securities and Exchange through the use of automated collection review of large positions in broad-based Commission, Office of FOIA Services, techniques or other forms of information index options. The text of the proposed 100 F Street NE, Washington, DC technology. Consideration will be given rule change is provided in Exhibit 5. 20549–2736 to comments and suggestions submitted The text of the proposed rule change is also available on the Exchange’s Extension: in writing within 60 days of this Form N–8F, SEC File No. 270–136, OMB publication. website (http://www.cboe.com/ Control No. 3235–0157 AboutCBOE/CBOELegalRegulatory Please direct your written comments Home.aspx), at the Exchange’s Office of Notice is hereby given that, pursuant to Charles Riddle, Acting Director/Chief the Secretary, and at the Commission’s to the Paperwork Reduction Act of 1995 Information Officer, Securities and Public Reference Room. (44 U.S.C. 3501 et seq.), the Securities Exchange Commission, C/O Candace and Exchange Commission (the Kenner, 100 F Street NE, Washington, II. Self-Regulatory Organization’s ‘‘Commission’’) is soliciting comments DC 20549; or send an email to: PRA_ Statement of the Purpose of, and on the collection of information [email protected]. Statutory Basis for, the Proposed Rule summarized below. The Commission Change Dated: March 15, 2019. plans to submit this existing collection In its filing with the Commission, the of information to the Office of Eduardo A. Aleman, Exchange included statements Management and Budget for extension Deputy Secretary. concerning the purpose of and basis for and approval. [FR Doc. 2019–05340 Filed 3–20–19; 8:45 am] the proposed rule change and discussed Form N–8F (17 CFR 274.218) is the BILLING CODE 8011–01–P any comments it received on the form prescribed for use by registered proposed rule change. The text of these investment companies in certain statements may be examined at the circumstances to request orders of the SECURITIES AND EXCHANGE places specified in Item IV below. The Commission declaring that the COMMISSION Exchange has prepared summaries, set registration of that investment company forth in sections A, B, and C below, of cease to be in effect. The form requests the most significant aspects of such information about: (i) The investment [Release No. 34–85328; File No. SR–CBOE– statements. company’s identity, (ii) the investment 2019–014] company’s distributions, (iii) the A. Self-Regulatory Organization’s investment company’s assets and Self-Regulatory Organizations; Cboe Statement of the Purpose of, and liabilities, (iv) the events leading to the Exchange, Inc.; Notice of Filing and Statutory Basis for, the Proposed Rule request to deregister, and (v) the Immediate Effectiveness of a Proposed Change Rule Change To Delete Rules That Are conclusion of the investment company’s 1. Purpose business. The information is needed by No Longer Necessary in the Review of the Commission to determine whether Large Positions in Broad-Based Index The purpose of this rule change is to an order of deregistration is appropriate. Options delete rules that are no longer necessary The Form takes approximately 5.2 in the review of large positions in broad- hours on average to complete. It is March 15, 2019. based index options. Specifically, the estimated that approximately 135 Pursuant to Section 19(b)(1) of the Exchange proposes to delete investment companies file Form N–8F Securities Exchange Act of 1934 Interpretations and Policies .03 annually, so the total annual burden for (‘‘Act’’),1 and Rule 19b–4 thereunder,2 (Reporting Requirement) and .04 the form is estimated to be notice is hereby given that on March 4, (Margin and Clearing Firm approximately 702 hours. The estimate 2019, Cboe Exchange, Inc. (the Requirements) to Rule 24.4. Currently, of average burden hours is made solely ‘‘Exchange’’ or ‘‘Cboe Options’’) filed Interpretation and Policy .03 to Rule 24.4 requires a TPH or TPH organization for the purposes of the Paperwork with the Securities and Exchange that maintains a broad-based index Reduction Act and is not derived from Commission (‘‘Commission’’) the option position on the same side of the a comprehensive or even a proposed rule change as described in market in excess of 100,000 contracts for representative survey or study. Items I and II below, which Items have The collection of information on Form OEX, XEO, NDX, RUT, VIX, VXN, VXD, been prepared by the Exchange. The N–8F is not mandatory. The information VXST, S&P 500 Dividend Index, SPX, provided on Form N–8F is not kept Exchange filed the proposal as a ‘‘non- Cboe S&P 500 a.m./PM Basis, Cboe S&P confidential. An agency may not controversial’’ proposed rule change 500 Three-Month Realized Variance or conduct or sponsor, and a person is not pursuant to Section 19(b)(3)(A)(iii) of Cboe S&P 500 Three-Month Realized 3 required to respond to, a collection of the Act and Rule 19b–4(f)(6) Volatility and 1 million contracts for information unless it displays a thereunder. 4 The Commission is BXM (1/10th value) and DJX, for its own currently-valid OMB control number. publishing this notice to solicit account or for the account of a Written comments are requested on: comments on the proposed rule change customer, to report information to the (i) Whether the collections of from interested persons. Exchange as to whether and how the information are necessary for the proper positions are hedged. Interpretation and performance of the functions of the 1 15 U.S.C. 78s(b)(1). Policy .04 to Rule 24.4 currently allows Commission, including whether the 2 17 CFR 240.19b–4. the Exchange to determine whether information has practical utility; (ii) the 3 15 U.S.C. 78s(b)(3)(A)(iii). additional margin is warranted in light accuracy of the Commission’s estimate 4 17 CFR 240.19b–4(f)(6). of the risks associated with under-

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hedged options position on the broad- larger, risky positions, rather than will serve to benefit investors by based index products listed in focusing on enforcement of removing duplicative and burdensome Interpretation and Policy .03 to Rule requirements under Interpretation and procedures. 24.4. Policy .03 to Rule 24.4. The Exchange Additionally, the Exchange believes The Exchange believes that the Large believes that its enhanced surveillance that risk review and controls, including Option Position Reporting (‘‘LOPR’’) will allow it to effectively assess LOPR hedge strategy implementation and system hosted by the Options Clearing submissions received through OCC and assessment of credit and margin, are Corporation (‘‘OCC’’) currently promptly respond to market concerns at most efficient and effective at the TPH functions as a centralized system and an early stage. Additionally, under level. Currently, the Exchange streamlined process for all market current Rule 15.1 (Maintenance, understands TPHs and TPH participants industry-wide to report Retention and Furnishing of Books, organizations generally have their own large options positions, including those Records and Other Information), TPHs internal risk management processes and in broad-based index options. This are required to make available to the procedures in place for reviewing, system allows TPHs and TPH Exchange such books, records or other identifying and controlling risk of large organizations to submit their required information as may be called for under option positions, including hedges for LOPR files in compliance with Rule the Rules or as may be requested in those positions. Moreover, under Rule 4.13(a), which requires all TPHs to connection with an investigation by the 15.8A (Risk Analysis of Portfolio Margin report to the Exchange aggregate long or Exchange.7 The Exchange believes the Accounts), TPH organizations that short positions on the same side of the aforementioned processes and maintain any portfolio margin accounts market of 200 or more contracts of any procedures eliminate the need for the for customers are currently required to single class of option contracts. Exchange to receive essentially establish and maintain a comprehensive Essentially, OCC through the LOPR duplicative position and hedge written risk analysis methodology for system acts as a centralized service documentation for broad-based index assessing and monitoring the potential provider for TPH compliance with options separately from a TPH or TPH risk to the TPH organization’s capital position reporting requirements by organization in accordance with the over a specified range of possible market collecting data from each TPH or TPH current Interpretation and Policy .03 to movements of positions maintained in organization, consolidating the Rule 24.4. Under the current LOPR such accounts. Specifically, Rule information, and ultimately providing information gathering and reporting 15.8A(c) requires a TPH organization detailed listings of each TPH’s or TPH regime and Rule 15.1, such efforts by that maintains any portfolio margin organization’s report to the Exchange.5 the Exchange are duplicative and accounts for customers to incorporate Though Rule 24.4(a) (Position Limits for unduly burdensome for TPHs, TPH specific and thorough procedures and Broad-Based Index Options) provides organizations, and the Exchange. The guidelines into its written risk that there shall be no position limits for Exchange thus believes that the methodology for monitoring credit risk broad-based index option contracts on proposed rule change will remove exposure to the TPH organization on Cboe S&P 500 a.m./PM Basis, Cboe S&P duplicative and burdensome both an intra-day and end of day basis, 500 Three-Month Realized Variance, procedures. managing the impact of credit extension Cboe S&P 500 Three-Month Realized The Exchange notes that it has found on the TPH organization’s overall risk Volatility and on the BXM (1/10th no occasion necessary to impose exposure, the appropriate response by value), DJX, OEX, XEO, NDX, RUT, VIX, additional margin requirements management when limits on credit VXN, VXD, VXST, S&P 500 Dividend pursuant to the current Interpretation extensions have been exceeded, Index, and SPX classes, Rule 4.13(a) still and Policy .04 to Rule 24.4, as a result determining the need to collect requires all TPHs to file a LOPR, which of the reporting and review process in additional margin, and so on. The includes reporting on all options connection with Interpretation and Exchange believes that the rules contracts dealt in on the Exchange. As Policy .03 to Rule 24.4. The Exchange described above pursuant to which it 6 stated, the Exchange currently receives has found that unhedged or under- can receive information from TPHs a TPH’s or TPH organization’s LOPR hedged large option positions have regarding hedges of their positions in submissions through OCC and its generally not been identified. The broad-based index options are less centralized LOPR submission system. Exchange believes this eliminates the burdensome and more efficient than the The Exchange notes that OCC’s need for the receipt of information and process used pursuant to Interpretations administration of the LOPR submissions documentation from TPHs or TPH and Policies .03 and .04 of Rule 24.4, to the Exchange will enable the organizations as to whether and how making those rule provisions redundant Exchange to better allocate its their broad-based index option positions and no longer necessary. surveillance resources, focusing on are hedged under Interpretation and 2. Statutory Basis enhanced surveillance of trading to Policy .03 to Rule 24.4, and any need for detect potential manipulation and The Exchange believes the proposed the Exchange to raise additional margin rule change is consistent with the in light of under-hedged positions under 5 See Securities Exchange Act Release No. 79930 Securities Exchange Act of 1934 (the Interpretation and Policy .04 to Rule (February 2, 2017), 82 FR 9807 (February 8, 2017) ‘‘Act’’) and the rules and regulations (Notice of Filing and Order Approving and 24.4. Further, under Rule 12.10 (Margin thereunder applicable to the Exchange Declaring Effective an Amendment to the Plan for Required Is Minimum) the Exchange and, in particular, the requirements of the Allocation of Regulatory Responsibilities currently may impose higher margin Among Participating Organizations Concerning Section 6(b) of the Act.8 Specifically, requirements when it deems such Options-Related Market Surveillance) (4–551) the Exchange believes the proposed rule (Approving a multi-party 17d–2 agreement whereby higher margin requirements to be change is consistent with the Section member firms are allocated to the Exchange and advisable. As a result, the Exchange other SROs for review for compliance with LOPR 6(b)(5) 9 requirements that the rules of believes that the proposed rule changes reporting requirements). an exchange be designed to prevent 6 The Exchange itself, as well as Financial fraudulent and manipulative acts and Industry Regulatory Authority, Inc. (‘‘FINRA’’), 7 The Exchange notes that ‘‘in connection with an acting as its agent pursuant to a regulatory services investigation’’ broadly encompasses any request agreement (‘‘RSA’’), receive and review LOPR made by the Exchange for information which may 8 15 U.S.C. 78f(b). submissions. lead to the initiation of a formal investigation. 9 15 U.S.C. 78f(b)(5).

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practices, to promote just and equitable regulations thereunder, and the rules of investors, or otherwise in furtherance of principles of trade, to foster cooperation the Exchange. the purposes of the Act. If the and coordination with persons engaged In particular, the Exchange currently Commission takes such action, the in regulating, clearing, settling, has the capacity under other Exchange Commission shall institute proceedings processing information with respect to, Rules to be able to enforce compliance to determine whether the proposed rule and facilitating transactions in by TPH and TPH organizations related should be approved or disapproved. securities, to remove impediments to to submission of appropriate hedge and perfect the mechanism of a free and information and imposing sufficient IV. Solicitation of Comments open market and a national market margin on large broad-based-index Interested persons are invited to system, and, in general, to protect options positions. The Exchange submit written data, views, and investors and the public interest. believes that removing redundant and arguments concerning the foregoing, Additionally, the Exchange believes the unnecessary rules will allow for the including whether the proposed rule proposed rule change is consistent with Exchange to be organized and better change is consistent with the Act. the Section 6(b)(5) 10 requirement that able to carry out the purposes of the Act Comments may be submitted by any of the rules of an exchange not be designed and enforce compliance. the following methods: to permit unfair discrimination between B. Self-Regulatory Organization’s Electronic Comments customers, issuers, brokers, or dealers. Statement on Burden on Competition In particular, the Exchange believes • Use the Commission’s internet that removing the duplicative and The Exchange does not believe that comment form (http://www.sec.gov/ burdensome processes in connection the proposed rule change will impose rules/sro.shtml); or with Interpretations and Policies .03 any burden on competition that is not • Send an email to rule-comments@ and .04 to Rule 24.4 will serve to foster necessary or appropriate in furtherance sec.gov. Please include File Number SR– cooperation and coordination with of the purposes of the Act. In particular, CBOE–2019–014 on the subject line. persons engaged in regulating, clearing, the proposed rule changes are not settling, processing information with intended to address competitive issues Paper Comments respect to, and facilitating transactions but rather are concerned with • Send paper comments in triplicate in securities, to remove impediments to facilitating less burdensome and more to Secretary, Securities and Exchange and perfect the mechanism of a free and efficient regulatory compliance. The Commission, 100 F Street NE, Exchange believes the proposed rule open market and a national market Washington, DC 20549–1090. system, and benefit investors. changes reduces reporting burdens on Specifically, the Exchange believes that all market participants equally. All submissions should refer to File the receipt of LOPR reports from OCC Number SR–CBOE–2019–014. This file C. Self-Regulatory Organization’s number should be included on the and other Exchange Rules provide it Statement on Comments on the with a more efficient means to receive subject line if email is used. To help the Proposed Rule Change Received From Commission process and review your the same information as it receives, and Members, Participants, or Others take the same action it may take, comments more efficiently, please use pursuant to Rule 24.4, Interpretations The Exchange neither solicited nor only one method. The Commission will and Policies .03 and .04. As stated, the received comments on the proposed post all comments on the Commission’s Exchange believes that its receipt of rule change. internet website (http://www.sec.gov/ rules/sro.shtml). Copies of the LOPR submissions through OCC will III. Date of Effectiveness of the submission, all subsequent allow for it to allocate enhanced Proposed Rule Change and Timing for amendments, all written statements surveillance resources to assessing the Commission Action LOPR submissions and detecting and with respect to the proposed rule Because the foregoing proposed rule deterring any concerning market change that are filed with the change does not: (i) Significantly affect behavior or trading abuses at an early Commission, and all written the protection of investors or the public stage, thereby protecting investors by communications relating to the interest; (ii) impose any significant removing impediments to and proposed rule change between the burden on competition; and (iii) become perfecting the mechanism of a free and Commission and any person, other than operative for 30 days after the date of open market and national market those that may be withheld from the the filing, or such shorter time as the system. The Exchange further believes public in accordance with the Commission may designate, it has that removing the reporting requirement provisions of 5 U.S.C. 552, will be become effective pursuant to 19(b)(3)(A) under Interpretation and Policy .03 to available for website viewing and of the Act 12 and Rule 19b–4(f)(6) 13 Rule 24.4 will benefit investors by printing in the Commission’s Public thereunder. Reference Room, 100 F Street NE, removing a duplicative and thus At any time within 60 days of the unnecessary reporting and Washington, DC 20549, on official filing of the proposed rule change, the business days between the hours of documentation step. Commission summarily may The Exchange also believes the 10:00 a.m. and 3:00 p.m. Copies of the temporarily suspend such rule change if filing also will be available for proposed rule change is consistent with it appears to the Commission that such Section 6(b)(1) of the Act,11 which inspection and copying at the principal action is necessary or appropriate in the office of the Exchange. All comments provides that the Exchange be organized public interest, for the protection of and have the capacity to be able to carry received will be posted without change. Persons submitting comments are out the purposes of the Act and to 12 15 U.S.C. 78s(b)(3)(A). enforce compliance by the Exchange’s 13 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– cautioned that we do not redact or edit Trading Permit Holders and persons 4(f)(6) requires a self-regulatory organization to give personal identifying information from associated with its Trading Permit the Commission written notice of its intent to file comment submissions. You should Holders with the Act, the rules and the proposed rule change at least five business days submit only information that you wish prior to the date of filing of the proposed rule change, or such shorter time as designated by the to make available publicly. All 10 Id. Commission. The Exchange has satisfied this submissions should refer to File 11 15 U.S.C. 78f(b)(1). requirement. Number SR–CBOE–2019–014 and

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should be submitted on or before April receiving any money, securities, or of 220 hours per respondent (11 affiliate 11, 2019. property of a customer to margin, customers times 20 hours per customer) For the Commission, by the Division of guarantee, or secure positions consisting and an aggregate burden of 7,700 hours Trading and Markets, pursuant to delegated of cleared CDS, which include both for all 35 respondents (220 × 35) . This authority.14 swaps and security-based swaps, under burden is a third-party disclosure Eduardo A. Aleman, a program to commingle and portfolio burden. Deputy Secretary. margin CDS. The Order also requires (c) The Commission estimates that for each affiliate cleared credit default swap [FR Doc. 2019–05354 Filed 3–20–19; 8:45 am] BD/FCMs that elect to offer a program to commingle and portfolio margin CDS customer a respondent will spend BILLING CODE 8011–01–P positions in customer accounts approximately 2 hours developing and maintained in accordance with Section reviewing the required opinion of SECURITIES AND EXCHANGE 4d(f) of the CEA and rules thereunder, counsel under paragraph IV(b)(2)(iii) of COMMISSION to maintain minimum margin levels the Order. The Commission therefore using a margin methodology approved estimates that the burden associated Proposed Collection; Comment by the Commission or the Commission with obtaining opinions of counsel from Request staff. affiliate cleared credit default swap The Commission estimates that 35 customers under paragraph IV(b)(2)(iii) Upon Written Request, Copies Available firms may seek to avail themselves of of the Order will impose an initial, one- From: Securities and Exchange the conditional exemptive relief time burden of 22 hours per respondent Commission, Office of FOIA Services, provided by the Order and therefore (11 affiliate customers times 2 hours per 100 F Street NE, Washington, DC would be subject to the information customer) and an aggregate burden for 20549–2736 collection. The Commission bases this all 35 respondents of 770 hours (22 × Extension: estimate on the total number of entities 35). This burden is a third-party Order Granting Conditional Exemptions that are dually registered as broker- disclosure burden. under the Securities Exchange Act of dealers and futures commission (d) The Commission estimates that the 1934 in Connection with Portfolio merchants. burden associated with seeking the Margining of Swaps and Security-Based The Commission estimates that the Commission’s approval of margin Swaps, SEC File No. S7–13–12, OMB methodologies under paragraph IV(b)(3) Control No. 3235–0698 aggregate annual time burden for all of the 35 respondents is approximately of the Order will impose an initial, one- Notice is hereby given that pursuant 22,517 hours calculated as follows: time burden of 1,000 hours per to the Paperwork Reduction Act of 1995 (a) Based on information that the respondent and an aggregate burden for (‘‘PRA’’) (44 U.S.C. 3501 et seq.), the Commission receives on a monthly all 35 respondents of 35,000 hours Securities and Exchange Commission basis, the Commission estimates that (1,000 × 35) . This burden is a reporting (‘‘Commission’’) is soliciting comments each respondent will have, on average, burden. on the existing collection of information 34 non-affiliate credit default swap (e) The Commission estimates that the provided for in the Order Granting customers. The Commission further burden associated with disclosing Conditional Exemptions Under the estimates for each such customer, a information to customers under Securities Exchange Act of 1934 respondent will spend approximately 20 paragraph IV(b)(6) of the Order will (‘‘Exchange Act’’) in Connection with hours developing a non-conforming impose an initial, one-time burden of 8 Portfolio Margining of Swaps and subordination agreement under hours per respondent and an aggregate Security-Based Swaps, Exchange Act paragraph IV(b)(1)(ii) of the Order. The burden for all 35 respondents of 280 Release No. 68433 (Dec. 14, 2012), 77 Commission therefore estimates that the hours (8 × 35). This burden is a third- FR 75211 (Dec. 19, 2012) (‘‘Order’’). The burden associated with entering into party disclosure burden. Commission plans to submit this non-conforming subordination The total aggregate one-time burden existing collection of information to the agreements with non-affiliate cleared for all 35 respondents is thus 67,550 Office of Management and Budget credit default swap customers under hours (32,550 third party disclosure + (‘‘OMB’’) for extension and approval. paragraph IV(b)(1)(ii) of the Order will 35,000 reporting). Amortized over three On December 14, 2012, the impose an initial, one-time average years, the aggregate burden per year is Commission found it necessary or burden of 680 hours (34 non-affiliate approximately 22,517 hours. appropriate in the public interest and customers times 20 hours per customer) The Commission estimates that each consistent with the protection of per respondent and an aggregate burden respondent will incur a one-time cost of investors to grant the conditional of 23,800 hours for all 35 respondents $8,000 in outside legal counsel expenses exemptions discussed in the Order. (680 × 35). This burden is a third-party in connection with obtaining opinions Among other things, the Order requires disclosure burden. of counsel from affiliate cleared credit dually-registered broker-dealer and (b) The Commission estimates that default swap customers under futures commission merchants (‘‘BD/ each respondent will have, on average, paragraph IV(b)(2)(iii) of the Order, FCMs’’) that elect to offer a program to 11 affiliate credit default swap calculated as follows: (20 hours to commingle and portfolio margin customers and that for each such obtain opinions of counsel from affiliate customer positions in credit default customer, a respondent will spend cleared credit default swap customers swaps (‘‘CDS’’) in customer accounts approximately 20 hours developing a under paragraph IV(b)(2)(iii) of the maintained in accordance with Section non-conforming subordination Order) × ($400 per hour for outside legal 4d(f) of the Commodity Exchange Act agreement under paragraph IV(b)(2)(ii) counsel) = $8,000. The one-time (‘‘CEA’’) and rules thereunder, to obtain of the Order. The Commission therefore aggregate burden for all 35 respondents certain agreements and opinions from estimates that the burden associated is thus $280,000 (8,000 × 35), or its customers regarding the applicable with entering into non-conforming approximately $93,333 per year when regulatory regime, and to make certain subordination agreements with affiliate amortized over three years. disclosures to its customers before cleared credit default swap customers Written comments are invited on: (a) under paragraph IV(b)(2)(ii) of the Order Whether the proposed collection of 14 17 CFR 200.30–3(a)(12). will impose an initial, one-time burden information is necessary for the proper

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performance of the functions of the 6. ITU Development Sector (ITU–D) ACTION: Notice of petition for exemption Commission, including whether the Meetings received. information shall have practical utility; 7. World Radio Conference (WRC–19) (b) the accuracy of the Commission’s Preparations SUMMARY: This notice contains a estimates of the burden of the proposed 8. Asia Pacific Economic Cooperation summary of a petition seeking relief collection of information; (c) ways to Telecommunications Working from specified requirements of Federal enhance the quality, utility, and clarity Group 59 (TEL 59) Aviation Regulations. The purpose of of the information collected; and (d) 9. Organization for Economic this notice is to improve the public’s ways to minimize the burden of the Cooperation and Development awareness of, and participation in, the collection of information on (OECD) Committee on Digital FAA’s exemption process. Neither respondents, including through the use Economy Policy (CDEP) publication of this notice nor the of automated collection techniques or 10. G20 Digital Economy Task Force inclusion or omission of information in other forms of information technology. 11. G7 Innovation/Information and the summary is intended to affect the Consideration will be given to Communication Technologies (ICT) legal status of the petition or its final comments and suggestions submitted in Track disposition. writing within 60 days of this Attendance at the ITAC meeting is DATES: Comments on this petition must publication. open to the public as seating capacity identify the petition docket number and An agency may not conduct or allows. The public will have an must be received on or before April 10, sponsor, and a person is not required to opportunity to provide comments at this 2019. respond to, a collection of information meeting at the invitation of the chair. ADDRESSES: Send comments identified under the PRA unless it displays a Persons wishing to request reasonable by docket number FAA–2018–1055 currently valid OMB control number. accommodation during the meeting using any of the following methods: Please direct your written comments should send their requests to ITAC@ • Federal eRulemaking Portal: Go to to: Charles Riddle, Acting Director/Chief state.gov no later than March 15, 2019. http://www.regulations.gov and follow Information Officer, Securities and Requests made after that time will be the online instructions for sending your Exchange Commission, c/o Candace considered, but might not be able to be comments electronically. Kenner, 100 F Street NE, Washington, accommodated. • Mail: Send comments to Docket _ DC 20549, or send an email to: PRA Further details on this ITAC meeting Operations, M–30; U.S. Department of [email protected]. will be announced through the Transportation (DOT), 1200 New Jersey Dated: March 15, 2019. Department of State’s email list, ITAC@ Avenue SE, Room W12–140, West Eduardo A. Aleman, lmlist.state.gov. Use of the ITAC list is Building Ground Floor, Washington, DC Deputy Secretary. limited to meeting announcements and 20590–0001. confirmations, distribution of agendas • [FR Doc. 2019–05339 Filed 3–20–19; 8:45 am] Hand Delivery or Courier: Take and other relevant meeting documents. comments to Docket Operations in BILLING CODE 8011–01–P The Department welcomes any U.S. Room W12–140 of the West Building citizen or legal permanent resident to Ground Floor at 1200 New Jersey remain on or join the ITAC listserv by Avenue SE, Washington, DC, between 9 DEPARTMENT OF STATE registering by email via [email protected] a.m. and 5 p.m., Monday through [Public Notice: 10697] and providing his or her name, email Friday, except Federal holidays. address, telephone contact and the • Fax: Fax comments to Docket Notice of Public Meeting of the company, organization, or community Operations at 202–493–2251. International Telecommunication that he or she is representing, if any. Privacy: In accordance with 5 U.S.C. Advisory Committee and Preparations The Department finds an exceptional 553(c), DOT solicits comments from the for Upcoming International circumstance for this notice to publish public to better inform its rulemaking Telecommunications Meetings less than 15 days prior to the meeting, process. DOT posts these comments, due to administrative issues at the This notice announces a meeting of without edit, including any personal Office of the Federal Register that were the Department of State’s International information the commenter provides, to outside the control of the Department. Telecommunication Advisory http://www.regulations.gov, as Please send all inquiries to ITAC@ Committee (ITAC). The ITAC will meet described in the system of records state.gov. on Thursday March 28, 2019 at AT&T notice (DOT/ALL–14 FDMS), which can 1120 20th Street NW, Washington, DC Franz J. Zichy, be reviewed at http://www.dot.gov/ privacy. 20036 at 2 p.m., to review the results of Designated Federal Officer, Multilateral international telecommunication policy Affairs International Communications and Docket: Background documents or related activities since the October 2018 Information Policy, U.S. Department of State. comments received may be read at ITAC, and discuss preparations for [FR Doc. 2019–05364 Filed 3–20–19; 8:45 am] http://www.regulations.gov at any time. Follow the online instructions for upcoming multilateral engagements. BILLING CODE 4710–07–P The meeting will focus on the following accessing the docket or go to the Docket topics: Operations in Room W12–140 of the West Building Ground Floor at 1200 1. Results of the ITU Plenipotentiary DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington, (PP–18) 2. Inter-American Telecommunication Federal Aviation Administration DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Commission (CITEL) Meetings [Summary Notice No. PE–2019–7] 3. ITU Council working groups FOR FURTHER INFORMATION CONTACT: 4. ITU Telecommunication Petition for Exemption; Summary of Mark Forseth, AIR–673, Federal Standardization Sector (ITU–T) Petition Received; Airbus S.A.S. Aviation Administration, 2200 South Meetings 216th Street, Des Moines, WA 98198, 5. ITU Radiocommunication Sector AGENCY: Federal Aviation phone and fax 206–231–3179, email (ITU–R) Meetings Administration (FAA), DOT. [email protected]; or Alphonso

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Pendergrass, ARM–200, Office of Approval of Minutes of the January 29, Carrier Registration Board of Directors at Rulemaking, Federal Aviation 2019 UCR Board Meeting (505) 827–4565. Administration, 800 Independence Critical Issues Issued on: March 18, 2019. Avenue SW, Washington, DC 20591, Larry W. Minor, phone 202–267–4713, email • Memo to Board re: Sunshine Act Associate Administrator, Office of Policy, [email protected]. compliance & governance best practices Federal Motor Carrier Safety Administration. This notice is published pursuant to [FR Doc. 2019–05518 Filed 3–19–19; 4:15 pm] 14 CFR 11.85. Discussion & possible Board action: BILLING CODE 4910–EX–P Issued in Des Moines, Washington. Æ Adopt memo • Victor Wicklund, New amendments to UCR Agreement—Avelino Gutierrez DEPARTMENT OF TRANSPORTATION Manager,Transport Standards Branch. Discussion & possible Board action: Petition for Exemption Federal Transit Administration Æ Adopt amendments Docket No.: FAA–2019–0057. Æ Update: Revised 2020–2021 UCR FY 2019 Competitive Funding Opportunity: Low or No Emission Petitioner: Airbus S.A.S. Fee Recommendation • Revised 2019 Budget Grant Program Section(s) of 14 CFR Affected: Appendix K, § K25.1.4(a)(3). Discussion & possible Board action: AGENCY: Federal Transit Administration (FTA), DOT. Description of Relief Sought: Airbus Æ Approve revised 2019 budget • S.A.S seeks an exemption related to the Recommended Modification to UCR ACTION: Notice of Funding Opportunity ETOPS low-fuel alert requirement, State Carrier Audit Instructions (NOFO). particularly the saliency and persistence Discussion & possible Board action: SUMMARY: The Federal Transit of this ETOPS low-fuel alert, for Airbus Æ Model A380 airplanes. Approve new instruction to states: Administration (FTA) announces the Close FARs prior to conducting [FR Doc. 2019–05352 Filed 3–20–19; 8:45 a.m.] opportunity to apply for $85 million in misc. audits of MCS–150 retreats competitive grants under the fiscal year BILLING CODE 4910–13–P • 2019 UCR Registration Period Æ (FY) 2019 Low or No Emission Grant REMINDER: Enforcement date is Program (Low-No Program; Catalog of April 1 DEPARTMENT OF TRANSPORTATION Federal Domestic Assistance (CFDA) Updates Concerning UCR Legislation number: 20.526). As required by Federal public transportation law, funds will be Federal Motor Carrier Safety Report of FMCSA Administration awarded competitively for the purchase Contractor Reports or lease of low or no emission vehicles Sunshine Act Meetings; Unified Carrier • UCR Administrator (Kellen) that use advanced technologies for Registration Plan Board of Directors • DSL Transportation Services, Inc. transit revenue operations, including • Seikosoft related equipment or facilities. Projects AGENCY: Federal Motor Carrier Safety may include costs incidental to the Subcommittee Reports Administration (FMCSA), DOT. acquisition of buses or to the • Audit Subcommittee construction of facilities, such as the ACTION: Notice of Unified Carrier Æ Discuss substandard state annual costs of related workforce development Registration Plan Board of Directors’ audit reports and training activities, and project Meeting. • Finance Subcommittee administration expenses. FTA may Æ Potential timeframes for initial state award additional funding that is made TIME AND DATE: The meeting will be held distributions for 2019 available to the program prior to the Æ on March 28, 2019, from 12:00 noon to Status of procuring Certificates of announcement of project selections. 3:00 p.m., Eastern Daylight Time. Deposit from Bank of North Dakota Æ Status of funding the DLA account DATES: Complete proposals must be PLACE: This meeting will be open to the Æ Update on refunds submitted electronically through the public via conference call. Any Æ Status of reconciling and closing GRANTS.GOV ‘‘APPLY’’ function by interested person may call 1–866–210– the 2017 registration year 11:59 p.m. Eastern time on May 14, 1669, passcode 5253902#, to listen and • Registration System Subcommittee 2019. Prospective applicants should participate in this meeting. Æ Announcement of subcommittee initiate the process by registering on the leadership change GRANTS.GOV website promptly to STATUS: Open to the public. • Education & Training Subcommittee ensure completion of the application process before the submission deadline. MATTERS TO BE CONSIDERED: The Unified Discussion & possible Board action: Carrier Registration Plan Board of Instructions for applying can be found Æ Directors (the Board) will continue its Approve proposed travel budget for on FTA’s website at http://transit. work in developing and implementing subcommittee meetings dot.gov/howtoapply and in the ‘‘FIND’’ • Procedures Subcommittee module of GRANTS.GOV. The funding the Unified Carrier Registration Plan • and Agreement. The subject matter of Industry Advisory Subcommittee opportunity ID is FTA–2019–002–TPM– the meeting will include: Old/New Matters Future UCR Meetings LowNo. Mail and fax submissions will not be accepted. Review & Approval of Agenda & Setting A detailed agenda for this meeting of Ground Rules will be available no later than 5:00 p.m. FOR FURTHER INFORMATION CONTACT: Tara Eastern Daylight Time, March 18, 2019 Clark, FTA Office of Program • Motion to approve 3/28 UCR Board at: https://ucrplan.org. Management, 202–366–2623, or agenda CONTACT PERSON FOR MORE INFORMATION: [email protected]. • Ground rules Mr. Avelino Gutierrez, Chair, Unified SUPPLEMENTARY INFORMATION:

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Table of Contents applicants must be able to demonstrate equipment or facilities that are A. Program Description the requisite legal, financial, and attributable to compliance with the B. Federal Award Information technical capabilities to receive and Clean Air Act. The award recipient must C. Eligibility Information administer Federal funds under this itemize the cost of specific, discrete, D. Application and Submission Information program. States and other eligible vehicle-related equipment associated E. Application Review applicants also may submit with compliance with the Clean Air Act F. Federal Award Administration consolidated proposals for projects in to be eligible for the maximum 90 G. Technical Assistance and Other Program urbanized areas. Proposals may contain percent Federal share for these costs. Information projects to be implemented by the Eligible sources of local match H. Federal Awarding Agency Contacts recipient or its eligible subrecipients. include the following: cash from non- A. Program Description Eligible subrecipients are entities that Government sources other than Section 5339(c) of Title 49, United are otherwise eligible recipients under revenues from providing public States Code authorizes FTA to award this program. transportation services; revenues grants for low or no emission buses An eligible recipient may submit an derived from the sale of advertising and through a competitive process, as application in partnership with other concessions; amounts received under a described in this notice. The Low or No entities that intend to participate in the service agreement with a State or local Emission Bus Program (Low-No implementation of the project, social service agency or private social Program) provides funding to State and including, but not limited to, specific service organization; revenues generated vehicle manufacturers, equipment from value capture financing local governmental authorities for the vendors, owners or operators of related mechanisms; funds from an purchase or lease of zero-emission and facilities, or project consultants. If an undistributed cash surplus; replacement low-emission transit buses, including application that involves such a or depreciation cash fund or reserve; acquisition, construction, and leasing of partnership is selected for funding, the new capital; or in-kind contributions. required supporting facilities such as competitive selection process will be Transportation development credits or recharging, refueling, and maintenance deemed to satisfy the requirement for a documentation of in-kind match may be facilities. FTA recognizes that a competitive procurement under 49 used for local match if identified in the significant transformation is occurring U.S.C. 5325(a) for the named entities. application. in the transit bus industry, with the Applicants are advised that any changes 3. Eligible Projects increasing availability of low and zero to the proposed partnership will require emission bus vehicles for transit FTA written approval, must be Under 49 U.S.C. 5339(c)(1)(B), eligible revenue operations. consistent with the scope of the projects include projects or programs of B. Federal Award Information approved project, and may necessitate a projects in an eligible area for: (1) Purchasing or leasing low or no The Consolidated Appropriations Act, competitive procurement. Beginning in FY 2020, and not emission buses; (2) acquiring low or no 2019 appropriated $85 million in FY affecting the FY 2019 Low-No Program, emission buses with a leased power 2019 for grants under the Low-No FTA will no longer permit applicants to source; (3) constructing or leasing Program, authorized by 49 U.S.C. submit applications that include facilities and related equipment for low 5339(c). In FY 2018, the program partnerships. Applicants in FY 2020 or no emission buses; (4) constructing received applications for 151 projects instead will be required to fulfill the new public transportation facilities to requesting a total of $558 million. Fifty- competitive procurement requirement accommodate low or no emission buses; two projects were funded at a total of mandated under 49 U.S.C. 5325(a). The (5) or rehabilitating or improving $84.45 million. FTA may cap the special exemption from the competitive existing public transportation facilities amount a single recipient or State may procurement requirement will be to accommodate low or no emission receive as part of the selection process. phased out because the low or no buses. As specified under 49 U.S.C. In FY 2018, for example, the largest emission industry is becoming more 5339(c)(5)(A), FTA will only consider amount awarded to a single applicant mature, making more options available eligible projects relating to the was $2.29 million and no State received to applicants. Transit agencies should acquisition or leasing of low or no more than 5 percent of the total funding continue to research potential vendors emission buses or bus facilities that available. make greater reductions in energy FTA will grant pre-award authority to and technologies during proposal development. consumption and harmful emissions incur costs for selected projects than comparable standard buses or other beginning on the date of project 2. Cost Sharing or Matching low or no emission buses. As specified announcement for the FY 2019 awards. The maximum Federal share for under 49 U.S.C. 5339(c)(5)(B), all Funds are available for obligation until projects that involve leasing or proposed projects must be part of the September 30, 2022. Funds are only acquiring transit buses (including clean intended recipient’s long-term available for projects that have not fuel or alternative fuel vehicles) for integrated fleet management plan. incurred costs prior to the purposes of complying with or If a single project proposal involves announcement of project selections. maintaining compliance with the Clean multiple public transportation C. Eligibility Information Air Act is 85 percent of the net project providers, such as when an agency cost. acquires vehicles that will be operated 1. Eligible Applicants The maximum Federal share for the by another agency, the proposal must Eligible applicants include designated cost of acquiring, installing, or include a detailed statement regarding recipients, States, local governmental constructing vehicle-related equipment the role of each public transportation authorities, and Indian Tribes. Except or facilities (including clean fuel or provider in the implementation of the for projects proposed by Indian Tribes, alternative fuel vehicle-related project. proposals for funding projects in rural equipment or facilities) for purposes of Consistent with 49 U.S.C. (non-urbanized) areas must be complying with or maintaining 5339(c)(1)(E), a low or no-emission bus submitted as part of a consolidated State compliance with the Clean Air Act is 90 is defined as a passenger vehicle used proposal. To be considered eligible, percent of the net project cost of such to provide public transportation that

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significantly reduces energy Application for Federal Assistance; and ii. Dun and Bradstreet (D&B) Data consumption or harmful emissions, (2) the supplemental form for the FY Universal Numbering System including direct carbon emissions, 2019 Low-No Program. The (DUNS) number when compared to a standard vehicle. supplemental form and any supporting iii. Key contact information (including The statutory definition includes zero- documents must be attached to the contact name, address, email emission transit buses, which are ‘‘Attachments’’ section of the SF–424. address, and phone) defined as buses that produce no direct The application must include responses iv. Congressional district(s) where carbon emissions and no particulate to all sections of the SF–424 project will take place matter emissions under any and all Application for Federal Assistance and v. Project information (including title, possible operational modes and the supplemental form, unless indicated an executive summary, and type) conditions. Examples of zero emission as optional. The information on the vi. A detailed description of the need for bus technologies include, but are not supplemental form will be used to the project limited to, hydrogen fuel-cell buses and determine applicant and project vii. A detailed description on how the battery-electric buses. All new transit eligibility for the program, and to project will support the Low-No bus models must successfully complete evaluate the proposal against the Program objectives FTA bus testing for production transit selection criteria described in part E of viii. Evidence that the project is buses pursuant to 49 U.S.C. 5318 in this notice. consistent with local and regional order to be procured with funds FTA will accept only one planning documents awarded under the Low-No Program. supplemental form per SF–424 ix. Evidence that the applicant can All transit vehicles must be procured submission. FTA encourages States and provide the local cost share from certified transit vehicle other applicants to consider submitting x. A description of the technical, legal, manufacturers in accordance with the a single supplemental form that and financial capacity of the Disadvantaged Business Enterprise includes multiple activities to be applicant (DBE) regulations at 49 CFR part 26. The evaluated as a consolidated proposal. If xi. A detailed project budget development or deployment of a State or other applicant chooses to xii. An explanation of the scalability of prototype vehicles is not eligible for submit separate proposals for individual the project funding under the Low-No Program. Recipients are permitted to use up to consideration by FTA, each proposal xiii. Details on the local matching funds 0.5 percent of their requested grant must be submitted using a separate SF– xiv. A detailed project timeline 424 and supplemental form. Applicants award for workforce development 3. Unique Entity Identifier and System may attach additional supporting activities eligible under 49 U.S.C. for Award Management (SAM) 5314(b) and an additional 0.5 percent information to the SF–424 submission, Each applicant is required to: (1) Be for costs associated with training at the including but not limited to letters of registered in SAM before submitting an National Transit Institute. Applicants support, project budgets, fleet status application; (2) provide a valid unique must identify the proposed use of funds reports, or excerpts from relevant entity identifier in its application; and for these activities in the project planning documents. Any supporting (3) continue to maintain an active SAM proposal and identify them separately in documentation must be described and registration with current information at the project budget. referenced by file name in the appropriate response section of the all times during which the applicant has D. Application and Submission supplemental form, or it may not be an active Federal award or an Information reviewed. application or plan under consideration 1. Address To Request Application Information such as proposer name, by FTA. These requirements do not Federal amount requested, local match apply if the applicant: (1) Is an Applications must be submitted individual; (2) is excepted from the electronically through GRANTS.GOV. amount, description of areas served, etc. may be requested in varying degrees of requirements under 2 CFR 25.110(b) or General information for submitting (c); or (3) has an exception approved by applications through GRANTS.GOV can detail on both the SF–424 and supplemental form. Applicants must fill FTA under 2 CFR 25.110(d). FTA may be found at www.fta.dot.gov/howtoapply not make an award until the applicant along with specific instructions for the in all fields unless stated otherwise on the forms. If information is copied into has complied with all applicable unique forms and attachments required for entity identifier and SAM requirements. submission. Mail and fax submissions the supplemental form from another source, applicants should verify that If an applicant has not fully complied will not be accepted. A complete with the requirements by the time FTA proposal submission consists of two pasted text is fully captured on the supplemental form and has not been is ready to make an award, FTA may forms: The SF–424 Application for determine that the applicant is not Federal Assistance (available at truncated by the character limits built into the form. Applicants should use qualified to receive an award and use GRANTS.GOV) and the supplemental that determination as a basis for making form for the FY 2019 Low-No Program both the ‘‘Check Package for Errors’’ and the ‘‘Validate Form’’ validation buttons a Federal award to another applicant. (downloaded from GRANTS.GOV or the All applicants must provide a unique FTA website at https:// on both forms to check all required fields on the forms, and ensure that the entity identifier provided by SAM. www.transit.dot.gov/funding/grants/ Registration in SAM may take as little lowno). Failure to submit the Federal and local amounts specified are consistent. as 3–5 business days, but since there information as requested can delay could be unexpected steps or delays (for review or disqualify the application. b. Application Content example, if there is a need to obtain an Employer Identification Number), FTA 2. Content and Form of Application The SF–424 Application for Federal recommends allowing ample time, up to Submission Assistance and the supplemental form several weeks, for completion of all will prompt applicants for the required a. Proposal Submission steps. For additional information on information, including: A complete proposal submission obtaining a unique entity identifier, consists of two forms: (1) The SF–424 i. Applicant name please visit www.sam.gov.

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4. Submission Dates and Times 6. Other Submission Requirements the applicant’s long-term fleet Project proposals must be submitted Applicants are encouraged to identify management plan, as well as the electronically through GRANTS.GOV by scaled funding options in case applicant’s previous experience with 11:59 p.m. Eastern time on May 14, insufficient funding is available to fund the relevant low or no emissions vehicle 2019. GRANTS.GOV attaches a time a project at the full requested amount. technologies. stamp to each application at the time of If an applicant indicates that a project ii. For low or no emission bus projects submission. Proposals submitted after is scalable, the applicant must provide (replacement and/or or expansion): the deadline will only be considered an appropriate minimum funding Applicants must provide information on under extraordinary circumstances not amount that will fund an eligible project the age, condition, and performance of under the applicant’s control. Mail and that achieves the objectives of the the vehicles to be replaced by the fax submissions will not be accepted. program and meets all relevant program proposed project. Vehicles to be Within 48 hours after submitting an requirements. The applicant must replaced must have met their minimum electronic application, the applicant provide a clear explanation of how the useful life at the time of project should receive two email messages from project budget would be affected by a completion. For service expansion GRANTS.GOV: (1) Confirmation of reduced award. FTA may award a lesser requests, applicants must provide successful transmission to amount regardless of whether a scalable information on the proposed service GRANTS.GOV, and (2) confirmation of option is provided. expansion and the benefits for transit riders and the community from the new successful validation by GRANTS.GOV. E. Application Review If confirmations of successful validation service. For all vehicle projects, the are not received or a notice of failed 1. Criteria proposal must address whether the validation or incomplete materials is Projects will be evaluated primarily project conforms to FTA’s spare ratio received, the applicant must address the on the responses provided in the guidelines. Low or no emission vehicles reason for the failed validation, as supplemental form. Additional funded under this program are not described in the email notice, and information may be provided to support exempted from FTA’s standard spare resubmit before the submission the responses; however, any additional ratio requirements, which apply to and deadline. If making a resubmission for documentation must be directly are calculated on the agency’s entire any reason, include all original referenced on the supplemental form, fleet. attachments regardless of which including the file name where the iii. For bus facility and equipment attachments were updated and check additional information can be found. projects (replacement, rehabilitation, the box on the supplemental form FTA will evaluate proposals for the and/or expansion): Applicants must indicating this is a resubmission. Low-No Program based on the criteria provide information on the age and FTA urges applicants to submit described in this notice. condition of the asset to be rehabilitated applications at least 72 hours prior to or replaced relative to its minimum the due date to allow time to receive the a. Demonstration of Need useful life. validation messages and to correct any Since the purpose of this program is b. Demonstration of Benefits problems that may have caused a to fund vehicles and facilities, rejection notification. GRANTS.GOV applications will be evaluated based on Applicants must demonstrate how the scheduled maintenance and outage the quality and extent to which they proposed project will support the times are announced on the demonstrate how the proposed project statutory requirements of 49 U.S.C. GRANTS.GOV website. Deadlines will will address an unmet need for capital 5339(c)(5)(A). In particular, FTA will not be extended due to scheduled investment in vehicles and/or consider the quality and extent to which website maintenance. supporting facilities. For example, an applications demonstrate how the Applicants are encouraged to begin applicant may demonstrate that it proposed project will: (1) Reduce the process of registration on the requires additional or improved Energy Consumption; (2) Reduce GRANTS.GOV site well in advance of charging or maintenance facilities for Harmful Emissions; and (3) Reduce the submission deadline. Registration is low or no emission vehicles, that it Direct Carbon Emissions. a multi-step process, which may take intends to replace existing vehicles that i. Reduce Energy Consumption: several weeks to complete before an have exceeded their minimum useful Applicants must describe how the application can be submitted. Registered life, or that it requires additional proposed project will reduce energy applicants may still be required to take vehicles to meet current ridership consumption. FTA will evaluate steps to keep their registration up to demands. FTA will consider an applications based on the degree to date before submissions can be made applicant’s responses to the following which the proposed technology reduces successfully: (1) Registration in the criteria when assessing the need for energy consumption as compared to System for Award Management (SAM) capital investment underlying the more common vehicle propulsion is renewed annually, and (2) persons proposed project: technologies. making submissions on behalf of the i. Consistency with Long-Term Fleet ii. Reduce Harmful Emissions: Authorized Organization Representative Management Plan: As required by 49 Applicants must demonstrate how the (AOR) must be authorized in U.S.C. 5339(c)(5)(b), all project proposed vehicles or facility will reduce GRANTS.GOV by the AOR to make proposals must demonstrate that they the emission of particulates that create submissions. are part of the intended recipient’s long- local air pollution, which leads to local term integrated fleet management plan, environmental health concerns, smog, 5. Funding Restrictions as demonstrated through an existing and unhealthy ozone concentrations. Funds under this NOFO cannot be transit asset management program, fleet FTA will evaluate the rate of particulate used to reimburse applicants for procurement plan, or similarly emissions by the proposed vehicles or otherwise eligible expenses incurred documented program or policy. These vehicles to be supported by the prior to FTA award of a grant agreement plans must be attached to the proposed facility, compared to the until FTA has issued pre-award application. FTA will evaluate the emissions from the vehicles that will be authority for selected projects. consistency of the proposed project with replaced or moved to the spare fleet as

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a result of the proposed project, as well local matching requirements, as For project proposals that will require as comparable standard buses. evidence of local financial commitment. a competitive procurement, applicants iii. Reduce Direct Carbon Emissions: Additional consideration will be given must demonstrate familiarity with the Applicants should demonstrate how the to those projects that propose a larger current market availability of the proposed vehicles or facility will reduce local cost share. FTA will also note if an proposed advanced vehicle propulsion emissions of greenhouse gases from applicant proposes to use grant funds technology. transit vehicle operations. FTA will only for the incremental cost of new evaluate the rate of direct carbon technologies over the cost of replacing f. Technical, Legal, and Financial emissions by the proposed vehicles or vehicles with standard propulsion Capacity vehicles to be supported by the technologies. Applicants must demonstrate that proposed facility, compared to the e. Project Implementation Strategy they have the technical, legal, and emissions from the vehicles that will be financial capacity to undertake the replaced or moved to the spare fleet as FTA will rate projects higher if grant project. FTA will review relevant a result of the proposed project, as well funds can be obligated within 12 oversight assessments and records to as comparable standard buses. months of selection and the project can determine whether there are any be implemented within a reasonable outstanding legal, technical, or financial c. Planning and Local/Regional time frame. In assessing when funds can Prioritization issues with the applicant that would be obligated, FTA will consider whether affect the outcome of the proposed Applicants must demonstrate how the the project qualifies for a Categorical project. proposed project is consistent with local Exclusion (CE), or whether the required and regional long range planning environmental work has been initiated 2. Review and Selection Process documents and local government or completed for projects that require an In addition to other FTA staff that priorities. FTA will evaluate Environmental Assessment (EA) or may review the proposals, a technical applications based on the quality and Environmental Impact Statement (EIS) evaluation committee will evaluate extent to which they assess whether the under the National Environmental proposals based on the published project is consistent with the transit Policy Act of 1969 (NEPA), as amended. evaluation criteria. Members of the priorities identified in the long-range The proposal must state when grant technical evaluation committee and plan; and/or contingency/illustrative funds can be obligated and indicate the other FTA staff may request additional projects included in that plan; or the timeframe under which the information from applicants, if locally developed human services Metropolitan Transportation necessary. Based on the findings of the public transportation coordinated plan. Improvement Program (TIP) and/or technical evaluation committee, the Applicants are not required to submit Statewide Transportation Improvement FTA Administrator will determine the copies of such plans, but FTA will Program (STIP) can be amended to final selection of projects for program consider how the project will support include the proposed project. funding. In determining the allocation In assessing whether the proposed regional goals and applicants may of program funds, FTA may consider implementation plans are reasonable submit support letters from local and geographic diversity, diversity in the and complete, FTA will review the regional planning organizations size of the transit systems receiving proposed project implementation plan, attesting to the consistency of the funding, projects located in or that including all necessary project proposed project with these plans. support public transportation service in Evidence of additional local or milestones and the overall project a qualified opportunity zone designated regional prioritization may include timeline. For projects that will require pursuant to 26 U.S.C. 1400Z–1, the letters of support for the project from formal coordination, approvals, or applicant’s receipt of other competitive local government officials, public permits from other agencies or project awards, and the percentage of the local agencies, and non-profit or private partners, the applicant must share provided. FTA may consider sector partners. demonstrate coordination with these organizations and their support for the capping the amount a single applicant d. Local Financial Commitment project, such as through letters of may receive and prioritizing Applicants must identify the source of support. investments in rural areas. Projects that the local cost share and describe For project proposals that involve a have a higher local financial whether such funds are currently partnership with a manufacturer, commitment may also be prioritized. available for the project or will need to vendor, consultant, or other third party, After applying the above criteria, the be secured if the project is selected for applicants must identify by name any FTA Administrator will consider the funding. FTA will consider the project partners, including, but not following key Departmental objectives: availability of the local cost share as limited to, other transit agencies, bus a. Supporting economic vitality at the evidence of local financial commitment manufacturers, owners or operators of national and regional level; to the project. Applicants should submit related facilities, or any expert b. Utilizing alternative funding evidence of the availability of funds for consultants. FTA will evaluate the sources and innovative financing the project; for example, by including a experience and capacity of the named models to attract non-Federal sources of board resolution, letter of support from project partners to successfully infrastructure investment; the State, or other documentation of the implement the proposed project based c. Accounting for the life-cycle costs source of local funds such as a budget on the partners’ experience and of the project to promote the state of document highlighting the line item or qualifications. Applicants are advised to good repair; section committing funds to the submit information on the partners’ d. Using innovative approaches to proposed project. In addition, an qualifications and experience as a part improve safety and expedite project applicant may propose a local cost share of the application. Entities involved in delivery; and, that is greater than the minimum the project that are not named in the e. Holding grant recipients requirement or provide documentation application will be required to be accountable for their performance and of previous local investments in the selected through a competitive achieving specific, measurable project, which cannot be used to satisfy procurement. outcomes identified by grant applicants.

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Prior to making an award, FTA is discretionary funds until projects are Buy-American Preferences for required to review and consider any selected, and even then, there are Infrastructure Projects, signed by information about the applicant that is Federal requirements that must be met President Trump on January 31, 2019, in the designated integrity and before costs are incurred. For more applicants should maximize the use of performance system accessible through information about FTA’s policy on pre- goods, products, and materials SAM (currently the Federal Award award authority, please see the FY 2018 produced in the United States, in Performance and Integrity Information Apportionment Notice published on Federal procurements and through the System). An applicant, at its option, July 16, 2018. https://www.gpo.gov/ terms and conditions of Federal may review information in the fdsys/pkg/FR-2018-07-16/pdf/2018- financial assistance awards. 14989.pdf. designated integrity and performance d. Disadvantaged Business Enterprise systems accessible through SAM and b. Grant Requirements comment on any information about FTA requires that its recipients itself that a Federal awarding agency If selected, awardees will apply for a receiving planning, capital, and/or previously entered and is currently in grant through FTA’s Transit Award operating assistance that will award the designated integrity and Management System (TrAMS). All Low- prime contracts exceeding $250,000 in performance system accessible through No Emission Program recipients are FTA funds in a Federal fiscal year SAM. FTA will consider any comments subject to the grant requirements of the comply with the Disadvantaged by the applicant, in addition to the other Section 5307 Urbanized Area Formula Business Enterprise (DBE) program information in the designated integrity Grant program, including those of FTA regulations at 49 CFR part 26. and performance system, in making a Circular 9030.1E. All recipients must Applicants should expect to include any judgment about the applicant’s integrity, follow the Grants Management funds awarded, excluding those to be business ethics, and record of Requirements of FTA Circular 5010.1 used for vehicle procurements, in performance under Federal awards and the labor protections of 49 U.S.C. setting their overall DBE goal. Note, when completing the review of risk 5333(b). Technical assistance regarding however, that projects including vehicle posed by applicants as described in the these requirements is available from procurements remain subject to the DBE 2 CFR 200.205 Federal awarding agency each FTA regional office. program regulations. The rule requires that, prior to bidding on any FTA- review of risk posed by applicants. c. Buy America assisted vehicle procurement, entities F. Federal Award Administration FTA requires that all capital that manufacture vehicles, or perform procurements meet FTA’s Buy America The FTA Administrator will post-production alterations or requirements per 49 U.S.C. 5323(j), announce the final project selections on retrofitting, must submit a DBE program which require that all iron, steel, or plan and goal methodology to FTA. the FTA website. Recipients should manufactured products be produced in contact their FTA Regional Offices for Further, to the extent that a vehicle the United States. Federal public remanufacturer is responding to a additional information regarding transportation law provides for a phased allocations for projects under the Low- solicitation for new or remanufactured increase in the domestic content for vehicles with a vehicle to which the No Program. At the time the project rolling stock. For FY 2019, the cost of selections are announced, FTA will remanufacturer has provided post- components and subcomponents production alterations or retrofitting extend pre-award authority for the produced in the United States must be selected projects. There is no blanket (e.g., replacing major components such more than 65 percent of the cost of all as an engine to provide a ‘‘like new’’ pre-award authority for these projects components. For FY 2020 and beyond, before announcement. vehicle), the vehicle remanufacturer is the cost of components and considered a transit vehicle 1. Federal Award Notices subcomponents produced in the United manufacturer and must also comply States must be more than 70 percent of Funds under the Low-No Program are with the DBE regulations. the cost of all components. There is no FTA will then issue a transit vehicle available to States, designated change to the requirement that final recipients, local governmental manufacturer (TVM) concurrence/ assembly of rolling stock must occur in certification letter. Grant recipients authorities, and Indian Tribes. There is the United States. FTA issued guidance no minimum or maximum grant award must verify each entity’s compliance on the implementation of the phased with these requirements before amount; however, FTA intends to fund increase in domestic content on as many meritorious projects as accepting its bid. A list of compliant, September 1, 2016 (81 FR 60278). certified TVMs is posted on FTA’s web possible. Only proposals from eligible Applicants should read the policy recipients for eligible activities will be page at https://www.fta.dot.gov/ guidance carefully to determine the regulations-and-guidance/civil-rights- considered for funding. Due to funding applicable domestic content limitations, applicants that are selected ada/eligible-tvms-list. Please note that requirement for their project. Any this list is nonexclusive, and recipients for funding may receive less than the proposal that will require a waiver must amount originally requested. In those must contact FTA before accepting bids identify in the application the items for from entities not listed on this web- cases, applicants must be able to which a waiver will be sought. demonstrate that the proposed projects posting. Recipients may also establish Applicants should not proceed with the project-specific DBE goals for vehicle are still viable and can be completed expectation that waivers will be granted, with the amount awarded. procurements. FTA will provide nor should applicants assume that additional guidance as grants are 2. Administrative and National Policy selection of a project under the Low-No awarded. For more information on DBE Requirements Program that includes a partnership requirements, please contact Janelle with a manufacturer, vendor, a. Pre-Award Authority Hinton, Office of Civil Rights, 202–366– consultant, or other third party 9259, email: [email protected]. FTA will issue specific guidance to constitutes a waiver of the Buy America recipients regarding pre-award authority requirements applicable at the time the e. Planning at the time of selection. FTA does not project is undertaken. Consistent with FTA encourages applicants to notify provide pre-award authority for Executive Order 13858 Strengthening the appropriate State Departments of

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Transportation and metropolitan H. Federal Awarding Agency Contacts Docket Management Facility location planning organizations in areas likely to For further information concerning address is: U.S. Department of be served by the project funds made this notice, please contact the Low-No Transportation, MARAD–2019–0038, available under these initiatives and Program manager, Tara Clark, by phone 1200 New Jersey Avenue SE, West programs. Selected projects must be at 202–366–2623, or by email at Building, Room W12–140, Washington, incorporated into the long-range plans [email protected]. A TDD is available DC 20590, between 9 a.m. and 5 p.m., and transportation improvement for individuals who are deaf or hard of Monday through Friday, except on programs of States and metropolitan hearing at 800–877–8339. In addition, Federal holidays. areas before they are eligible for FTA FTA will post answers to questions and Note: If you mail or hand-deliver your funding. As described under the requests for clarifications on FTA’s comments, we recommend that you evaluation criteria, FTA may consider website at https://www.transit.dot.gov/ include your name and a mailing whether a project is consistent with or funding/grants/lowno. To ensure address, an email address, or a already included in these plans when applicants receive accurate information telephone number in the body of your evaluating a project. about eligibility or the program, document so that we can contact you if applicants are encouraged to contact we have questions regarding your f. Standard Assurances FTA directly, rather than through submission. intermediaries or third parties, with Instructions: All submissions received The applicant assures that it will must include the agency name and comply with all applicable Federal questions. FTA staff may also conduct briefings specific docket number. All comments statutes, regulations, executive orders, on the FY 2019 discretionary grants received will be posted without change directives, FTA circulars, and other selection and award process upon to the docket at www.regulations.gov, Federal administrative requirements in request. including any personal information carrying out any project supported by provided. For detailed instructions on Issued in Washington, DC. the FTA grant. The applicant submitting comments, see the section acknowledges that it is under a K. Jane Williams, entitled Public Participation. Acting Administrator. continuing obligation to comply with FOR FURTHER INFORMATION CONTACT: the terms and conditions of the grant [FR Doc. 2019–05355 Filed 3–20–19; 8:45 am] Bianca Carr, U.S. Department of agreement issued for its project with BILLING CODE P Transportation, Maritime FTA. The applicant understands that Administration, 1200 New Jersey Federal laws, regulations, policies, and DEPARTMENT OF TRANSPORTATION Avenue SE, Room W23–453, administrative practices might be Washington, DC 20590. Telephone 202– modified from time to time and may Maritime Administration 366–9309, Email [email protected]. affect the implementation of the project. SUPPLEMENTARY INFORMATION: As The applicant agrees that the most [Docket No. MARAD–2019–0038] described by the applicant the intended recent Federal requirements will apply service of the vessel NO DIRECTION is: to the project, unless FTA issues a Requested Administrative Waiver of written determination otherwise. The the Coastwise Trade Laws: Vessel NO —Intended Commercial Use of Vessel: ′ applicant must submit the Certifications DIRECTION (30 Power Boat); Invitation ‘‘the intended use of my vessel is to and Assurances before receiving a grant for Public Comments provide opportunity to the local community and tourist visiting the if it does not have current certifications AGENCY: Maritime Administration, DOT. on file. area an chance to experience off shore ACTION: Notice. sport fishing of 6 or less passengers at 3. Reporting SUMMARY: The Secretary of a time and sunset cruises for small families.’’ Post-award reporting requirements Transportation, as represented by the Maritime Administration (MARAD), is —Geographic Region Including Base of include the electronic submission of Operations: ‘‘Texas’’ (Base of Federal Financial Reports and Milestone authorized to grant waivers of the U.S.- build requirements of the coastwise Operations: Kemah, TX) Progress Reports in FTA’s electronic ′ trade laws to allow the carriage of no —Vessel Length and Type: 30 power grants management system. more than twelve passengers for hire on boat G. Technical Assistance and Other vessels, which are three years old or The complete application is available Program Information more. A request for such a waiver has for review identified in the DOT docket been received by MARAD. The vessel, as MARAD–2019–0038 at http:// This program is not subject to and a brief description of the proposed www.regulations.gov. Interested parties Executive Order 12372, service, is listed below. may comment on the effect this action ‘‘Intergovernmental Review of Federal DATES: Submit comments on or before may have on U.S. vessel builders or Programs.’’ FTA will consider April 22, 2019. businesses in the U.S. that use U.S.-flag applications for funding only from ADDRESSES: You may submit comments vessels. If MARAD determines, in eligible recipients for eligible projects identified by DOT Docket Number accordance with 46 U.S.C. 12121 and listed in Section C. Complete MARAD–2019–0038 by any one of the MARAD’s regulations at 46 CFR part applications must be submitted through following methods: 388, that the issuance of the waiver will GRANTS.GOV by 11:59 p.m. Eastern • Federal eRulemaking Portal: Go to have an unduly adverse effect on a U.S.- time on May 14, 2019. For issues with http://www.regulations.gov. Search vessel builder or a business that uses GRANTS.GOV, please contact MARAD–2019–0038 and follow the U.S.-flag vessels in that business, a GRANTS.GOV by phone at 1–800–518– instructions for submitting comments. waiver will not be granted. Comments 4726 or by email at [email protected]. • Mail or Hand Delivery: Docket should refer to the vessel name, state the Contact information for FTA’s regional Management Facility is in the West commenter’s interest in the waiver offices can be found on FTA’s website Building, Ground Floor of the U.S. application, and address the waiver at www.fta.dot.gov. Department of Transportation. The criteria given in section 388.4 of

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MARAD’s regulations at 46 CFR part all timely comments will be fully availability and willingness to serve on 388. considered. If you wish to provide short notice on U.S. government-owned comments containing proprietary or sealift ships or commercial ships during Public Participation confidential information, please contact a period of National Need. Responses How do I submit comments? the agency for alternate submission will be primarily collected via an online Please submit your comments, instructions. survey, with a mail survey option. including the attachments, following the (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, Respondents: Appropriately instructions provided under the above 46 U.S.C. 12121) credentialed U.S. Merchant Mariners. Affected Public: Individuals or heading entitled ADDRESSES. Be advised * * * * * that it may take a few hours or even Households. Dated: March 15, 2019. days for your comment to be reflected Total Estimated Number of on the docket. In addition, your By Order of the Maritime Administrator. Responses: 6,545. comments must be written in English. T. Mitchell Hudson, Jr., Frequency of Collection: Every two We encourage you to provide concise Secretary, Maritime Administration. years. comments and you may attach [FR Doc. 2019–05320 Filed 3–20–19; 8:45 am] Estimated Time per Respondent: 30 additional documents as necessary. BILLING CODE 4910–81–P minutes. There is no limit on the length of the Total Estimated Number of Annual attachments. Burden Hours: 3,273. DEPARTMENT OF TRANSPORTATION Public Comments Invited: Comments Where do I go to read public comments, are invited on whether the proposed and find supporting information? Maritime Administration collection of information is necessary for the proper performance of the Go to the docket online at http:// [Docket No. MARAD–2019–0042] www.regulations.gov keyword search functions of the Department, including MARAD–2019–0038 or visit the Docket Request for Comments on a New whether the information will have Management Facility (see ADDRESSES for Information Collection practical utility; the accuracy of the hours of operation). We recommend that Department’s estimate of the burden of you periodically check the Docket for AGENCY: Maritime Administration, the proposed information collection; new submissions and supporting Department of Transportation. ways to enhance the quality, utility and material. ACTION: Notice and request for clarity of the information to be comments. collected; and ways to minimize the Will my comments be made available to burden of the collection of information the public? SUMMARY: In compliance with the on respondents, including the use of Yes. Be aware that your entire Paperwork Reduction Act of 1995, this automated collection techniques or comment, including your personal notice announces that the Information other forms of information technology. identifying information, will be made Collection Request (ICR) abstracted below is being forwarded to the Office (Authority: The Paperwork Reduction Act of publicly available. 1995; 44 U.S.C. Chapter 35, as amended; and of Management and Budget (OMB) for 49 CFR 1.93.) May I submit comments confidentially? review and comments. A Federal If you wish to submit comments Register Notice with a 60-day comment * * * * * under a claim of confidentiality, you period soliciting comments on the Dated: March 15, 2019. should submit three copies of your following information collection was By Order of the Maritime Administrator. complete submission, including the published on December 17, 2018. T. Mitchell Hudson, Jr., information you claim to be confidential DATES: Comments must be submitted on Secretary, Maritime Administration. business information, to the Department or before April 22, 2019. [FR Doc. 2019–05316 Filed 3–20–19; 8:45 am] of Transportation, Maritime ADDRESSES: Send comments regarding BILLING CODE 4910–81–P Administration, Office of Legislation the burden estimate, including and Regulations, MAR–225, W24–220, suggestions for reducing the burden, to 1200 New Jersey Avenue SE, the Office of Management and Budget, DEPARTMENT OF TRANSPORTATION Washington, DC 20590. Include a cover Attention: Desk Officer for the Office of letter setting forth with specificity the the Secretary of Transportation, 725 Maritime Administration basis for any such claim and, if possible, 17th Street NW, Washington, DC 20503. [Docket No. MARAD–2019–0041] a summary of your submission that can be made available to the public. FOR FURTHER INFORMATION CONTACT: You may contact Nuns Jain, Program Requested Administrative Waiver of Privacy Act Excellence and Quality Assurance the Coastwise Trade Laws: Vessel BUSHMAN’S FRIEND (32′ Sailboat); In accordance with 5 U.S.C. 553(c), Advisor, MAR–600.32, Department of Invitation for Public Comments DOT solicits comments from the public Transportation, Maritime to better inform its rulemaking process. Administration, 1200 New Jersey AGENCY: Maritime Administration, DOT. Avenue SE, Washington, DC 20590, DOT posts these comments, without ACTION: Notice. edit, to www.regulations.gov, as 202–385–0115. described in the system of records SUPPLEMENTARY INFORMATION: SUMMARY: The Secretary of notice, DOT/ALL–14 FDMS, accessible Title: Mariner Survey. Transportation, as represented by the through www.dot.gov/privacy. To OMB Control Number: 2133–NEW. Maritime Administration (MARAD), is facilitate comment tracking and Type of Request: New Information authorized to grant waivers of the U.S.- response, we encourage commenters to Collection. build requirements of the coastwise provide their name, or the name of their Background: The Mariner Survey trade laws to allow the carriage of no organization; however, submission of project will conduct a biennial survey of more than twelve passengers for hire on names is completely optional. Whether appropriately credentialed U.S. vessels, which are three years old or or not commenters identify themselves, merchant mariners to determine their more. A request for such a waiver has

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been received by MARAD. The vessel, accordance with 46 U.S.C. 12121 and DOT posts these comments, without and a brief description of the proposed MARAD’s regulations at 46 CFR part edit, to www.regulations.gov, as service, is listed below. 388, that the issuance of the waiver will described in the system of records DATES: Submit comments on or before have an unduly adverse effect on a U.S.- notice, DOT/ALL–14 FDMS, accessible April 22, 2019. vessel builder or a business that uses through www.dot.gov/privacy. To U.S.-flag vessels in that business, a ADDRESSES: You may submit comments facilitate comment tracking and waiver will not be granted. Comments identified by DOT Docket Number response, we encourage commenters to should refer to the vessel name, state the MARAD–2019–0041 by any one of the provide their name, or the name of their commenter’s interest in the waiver following methods: organization; however, submission of application, and address the waiver • Federal eRulemaking Portal: Go to names is completely optional. Whether criteria given in section 388.4 of http://www.regulations.gov. Search or not commenters identify themselves, MARAD’s regulations at 46 CFR part MARAD–2019–0041 and follow the all timely comments will be fully 388. instructions for submitting comments. considered. If you wish to provide • Mail or Hand Delivery: Docket Public Participation comments containing proprietary or confidential information, please contact Management Facility is in the West How do I submit comments? Building, Ground Floor of the U.S. the agency for alternate submission Department of Transportation. The Please submit your comments, instructions. Docket Management Facility location including the attachments, following the Authority: 49 CFR 1.93(a), 46 U.S.C. address is: U.S. Department of instructions provided under the above 55103, 46 U.S.C. 12121 Transportation, MARAD–2019–0041, heading entitled ADDRESSES. Be advised Dated: March 15, 2019. that it may take a few hours or even 1200 New Jersey Avenue SE, West By Order of the Maritime Administrator. Building, Room W12–140, Washington, days for your comment to be reflected on the docket. In addition, your T. Mitchell Hudson, Jr., DC 20590, between 9 a.m. and 5 p.m., Secretary, Maritime Administration. Monday through Friday, except on comments must be written in English. [FR Doc. 2019–05317 Filed 3–20–19; 8:45 am] Federal holidays. We encourage you to provide concise Note: If you mail or hand-deliver your comments and you may attach BILLING CODE 4910–81–P comments, we recommend that you additional documents as necessary. There is no limit on the length of the include your name and a mailing DEPARTMENT OF TRANSPORTATION address, an email address, or a attachments. telephone number in the body of your Where do I go to read public comments, Maritime Administration document so that we can contact you if and find supporting information? [Docket No. MARAD–2019–0039] we have questions regarding your Go to the docket online at http:// submission. www.regulations.gov., keyword search Requested Administrative Waiver of Instructions: All submissions received MARAD–2019–0041 or visit the Docket the Coastwise Trade Laws: Vessel must include the agency name and Management Facility (see ADDRESSES for DOCLE VITTORIA (40′ Motorboat); specific docket number. All comments hours of operation). We recommend that Invitation for Public Comments received will be posted without change you periodically check the Docket for AGENCY: to the docket at www.regulations.gov, new submissions and supporting Maritime Administration, DOT. including any personal information material. ACTION: Notice. provided. For detailed instructions on submitting comments, see the section Will my comments be made available to SUMMARY: The Secretary of entitled Public Participation. the public? Transportation, as represented by the Maritime Administration (MARAD), is FOR FURTHER INFORMATION CONTACT: Yes. Be aware that your entire authorized to grant waivers of the U.S.- Bianca Carr, U.S. Department of comment, including your personal build requirements of the coastwise Transportation, Maritime identifying information, will be made trade laws to allow the carriage of no Administration, 1200 New Jersey publicly available. more than twelve passengers for hire on Avenue SE, Room W23–453, May I submit comments confidentially? vessels, which are three years old or Washington, DC 20590. Telephone 202– more. A request for such a waiver has 366–9309, Email [email protected]. If you wish to submit comments been received by MARAD. The vessel, SUPPLEMENTARY INFORMATION: As under a claim of confidentiality, you should submit three copies of your and a brief description of the proposed described by the applicant the intended service, is listed below. service of the vessel BUSHMAN’S complete submission, including the DATES: Submit comments on or before FRIEND is: information you claim to be confidential business information, to the Department April 22, 2019. —Intended Commercial Use of Vessel: of Transportation, Maritime ADDRESSES: You may submit comments ‘‘Sunset Sailboat Rides’’ Administration, Office of Legislation identified by DOT Docket Number —Geographic Region Including Base of and Regulations, MAR–225, W24–220, MARAD–2019–0039 by any one of the Operations: ‘‘California’’ (Base of 1200 New Jersey Avenue SE, following methods: Operations: Long Beach, CA) • Federal eRulemaking Portal: Go to ′ Washington, DC 20590. Include a cover —Vessel Length and Type: 32 sailboat letter setting forth with specificity the http://www.regulations.gov. Search The complete application is available basis for any such claim and, if possible, MARAD–2019–0039 and follow the for review identified in the DOT docket a summary of your submission that can instructions for submitting comments. as MARAD–2019–0041 at http:// be made available to the public. • Mail or Hand Delivery: Docket www.regulations.gov. Interested parties Management Facility is in the West may comment on the effect this action Privacy Act Building, Ground Floor of the U.S. may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), Department of Transportation. The businesses in the U.S. that use U.S.-flag DOT solicits comments from the public Docket Management Facility location vessels. If MARAD determines, in to better inform its rulemaking process. address is: U.S. Department of

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Transportation, MARAD–2019–0039, instructions provided under the above (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, 1200 New Jersey Avenue SE, West heading entitled ADDRESSES. Be advised 46 U.S.C. 12121). Building, Room W12–140, Washington, that it may take a few hours or even * * * * * DC 20590, between 9 a.m. and 5 p.m., days for your comment to be reflected Dated: March 15, 2019. Monday through Friday, except on on the docket. In addition, your By Order of the Maritime Administrator. Federal holidays. comments must be written in English. T. Mitchell Hudson, Jr., Note: If you mail or hand-deliver your We encourage you to provide concise comments, we recommend that you comments and you may attach Secretary, Maritime Administration. include your name and a mailing additional documents as necessary. [FR Doc. 2019–05319 Filed 3–20–19; 8:45 am] address, an email address, or a There is no limit on the length of the BILLING CODE 4910–81–P telephone number in the body of your attachments. document so that we can contact you if we have questions regarding your Where do I go to read public comments, DEPARTMENT OF TRANSPORTATION submission. and find supporting information? Maritime Administration Instructions: All submissions received Go to the docket online at http:// must include the agency name and www.regulations.gov, keyword search [Docket No. MARAD–2019–0047] specific docket number. All comments MARAD–2019–0039 or visit the Docket Request for Comments on the Renewal received will be posted without change Management Facility (see ADDRESSES for to the docket at www.regulations.gov, hours of operation). We recommend that of a Previously Approved Information including any personal information you periodically check the Docket for Collection: Effective U.S. Control provided. For detailed instructions on new submissions and supporting (EUSC)/Parent Company submitting comments, see the section material. AGENCY: entitled Public Participation. Maritime Administration, DOT. ACTION: FOR FURTHER INFORMATION CONTACT: Will my comments be made available to Notice and request for Bianca Carr, U.S. Department of the public? comments. Transportation, Maritime Yes. Be aware that your entire SUMMARY: The Maritime Administration Administration, 1200 New Jersey comment, including your personal (MARAD) invites public comments on Avenue SE, Room W23–453, identifying information, will be made our intention to request the Office of Washington, DC 20590. Telephone 202– publicly available. Management and Budget (OMB) 366–9309, Email [email protected]. approval to renew an information SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? collection. The information to be described by the applicant the intended If you wish to submit comments collected will be used to aid in service of the vessel DOCLE VITTORIA under a claim of confidentiality, you identifying oceangoing vessels that may is: should submit three copies of your be both useful and available to the —Intended Commercial Use of Vessel: complete submission, including the Department of Defense for deploying charter half day to a full day charters information you claim to be confidential U.S. military equipment (such as tanks on the boat. business information, to the Department and other tracked and wheeled vehicles) —Geographic Region Including Base of of Transportation, Maritime and the full range of supplies (including Operations: ‘‘Massachusetts’’ (Base of Administration, Office of Legislation petroleum products and fuel) necessary Operations: Hyannis port, MA) ′ and Regulations, MAR–225, W24–220, to sustain a force in a foreign theater of —Vessel Length and Type: 40 1200 New Jersey Avenue SE, operations. We are required to publish motorboat Washington, DC 20590. Include a cover this notice in the Federal Register by The complete application is available letter setting forth with specificity the the Paperwork Reduction Act of 1995. for review identified in the DOT docket basis for any such claim and, if possible, DATES: Comments must be submitted on as MARAD–2019–0039 at http:// a summary of your submission that can or before May 20, 2019. www.regulations.gov. Interested parties be made available to the public. ADDRESSES: You may submit comments may comment on the effect this action Privacy Act [identified by Docket No. MARAD– may have on U.S. vessel builders or 2019–0047] through one of the businesses in the U.S. that use U.S.-flag In accordance with 5 U.S.C. 553(c), following methods: vessels. If MARAD determines, in DOT solicits comments from the public • Federal eRulemaking Portal: http:// accordance with 46 U.S.C. 12121 and to better inform its rulemaking process. www.regulations.gov. Search using the MARAD’s regulations at 46 CFR part DOT posts these comments, without above DOT docket number and follow 388, that the issuance of the waiver will edit, to www.regulations.gov, as the online instructions for submitting have an unduly adverse effect on a U.S.- described in the system of records comments. vessel builder or a business that uses notice, DOT/ALL–14 FDMS, accessible • Fax: 1–202–493–2251. U.S.-flag vessels in that business, a through www.dot.gov/privacy. To • Mail or Hand Delivery: Docket waiver will not be granted. Comments facilitate comment tracking and Management Facility, U.S. Department should refer to the vessel name, state the response, we encourage commenters to of Transportation, 1200 New Jersey commenter’s interest in the waiver provide their name, or the name of their Avenue SE, West Building, Room W12– application, and address the waiver organization; however, submission of 140, Washington, DC 20590, between 9 criteria given in section 388.4 of names is completely optional. Whether a.m. and 5 p.m., Monday through MARAD’s regulations at 46 CFR part or not commenters identify themselves, Friday, except on Federal holidays. 388. all timely comments will be fully Comments are invited on: (a) Whether Public Participation considered. If you wish to provide the proposed collection of information comments containing proprietary or is necessary for the Department’s How do I submit comments? confidential information, please contact performance; (b) the accuracy of the Please submit your comments, the agency for alternate submission estimated burden; (c) ways for the including the attachments, following the instructions. Department to enhance the quality,

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utility and clarity of the information DEPARTMENT OF TRANSPORTATION Avenue SE, Room W23–453, collection; and (d) ways that the burden Washington, DC 20590. Telephone 202– could be minimized without reducing Maritime Administration 366–9309, Email [email protected]. the quality of the collected information. [Docket No. MARAD–2019–0036] SUPPLEMENTARY INFORMATION: As The agency will summarize and/or described by the applicant the intended include your comments in the request Requested Administrative Waiver of service of the vessel COLAN is: for OMB’s clearance of this information the Coastwise Trade Laws: Vessel —Intended Commercial Use of Vessel: ′ collection. COLAN (48 Motor Boat); Invitation for ‘‘Daily and overnight luxury pleasure Public Comments FOR FURTHER INFORMATION CONTACT: Russ time charters.’’ Krause, 202–366–1031, Division of AGENCY: Maritime Administration, DOT. —Geographic Region Including Base of Operations: ‘‘Florida’’ (Base of Sealift Operations and Emergency ACTION: Notice. Operations: Coconut Grove, FL) Response, U.S. Department of ′ Transportation, 1200 New Jersey SUMMARY: The Secretary of —Vessel Length and Type: 48 motor boat Avenue SE, Washington, DC, 20590. Transportation, as represented by the Maritime Administration (MARAD), is The complete application is available SUPPLEMENTARY INFORMATION: authorized to grant waivers of the U.S.- for review identified in the DOT docket Title: Effective U.S. Control (EUSC)/ build requirements of the coastwise as MARAD–2019–0036 at http:// Parent Company. trade laws to allow the carriage of no www.regulations.gov. Interested parties more than twelve passengers for hire on OMB Control Number: 2133–0511. may comment on the effect this action vessels, which are three years old or may have on U.S. vessel builders or Type of Request: Renewal of a more. A request for such a waiver has businesses in the U.S. that use U.S.-flag Previously Approved Information been received by MARAD. The vessel, vessels. If MARAD determines, in Collection. and a brief description of the proposed accordance with 46 U.S.C. 12121 and Abstract: The Effective U.S. Control service, is listed below. MARAD’s regulations at 46 CFR part (EUSC)/Parent Company collection DATES: Submit comments on or before 388, that the issuance of the waiver will consists of an inventory of foreign- April 22, 2019. have an unduly adverse effect on a U.S.- registered vessels owned by U.S. ADDRESSES: You may submit comments vessel builder or a business that uses citizens. Specially, the collection identified by DOT Docket Number U.S.-flag vessels in that business, a consists of responses from vessel MARAD–2019–0036 by any one of the waiver will not be granted. Comments owners verifying or correcting vessel following methods: should refer to the vessel name, state the ownership data and characteristics • Federal eRulemaking Portal: Go to commenter’s interest in the waiver found in commercial publications. The http://www.regulations.gov. Search application, and address the waiver information obtained could be vital in a MARAD–2019–0036 and follow the criteria given in section 388.4 of instructions for submitting comments. MARAD’s regulations at 46 CFR part national or international emergency and • is essential to the logistical support Mail or Hand Delivery: Docket 388. planning operations conducted by Management Facility is in the West Public Participation Maritime Administration officials. Building, Ground Floor of the U.S. Department of Transportation. The How do I submit comments? Respondents: U.S. citizens who own Docket Management Facility location Please submit your comments, foreign-registered vessels. address is: U.S. Department of including the attachments, following the Affected Public: Business or other for- Transportation, MARAD–2019–0036, instructions provided under the above profit. 1200 New Jersey Avenue SE, West heading entitled ADDRESSES. Be advised Building, Room W12–140, Washington, Estimated Number of Respondents: that it may take a few hours or even DC 20590, between 9 a.m. and 5 p.m., 60. days for your comment to be reflected Monday through Friday, except on on the docket. In addition, your Estimated Number of Responses: 60. Federal holidays. comments must be written in English. Estimated Hours per Response: .5. Note: If you mail or hand-deliver your We encourage you to provide concise comments, we recommend that you Annual Estimated Total Annual comments and you may attach include your name and a mailing Burden Hours: 30. additional documents as necessary. address, an email address, or a There is no limit on the length of the Frequency of Response: Annually. telephone number in the body of your attachments. (Authority: The Paperwork Reduction Act of document so that we can contact you if 1995; 44 U.S.C. chapter 35, as amended; and we have questions regarding your Where do I go to read public comments, 49 CFR 1.93) submission. and find supporting information? Instructions: All submissions received * * * * * Go to the docket online at http:// must include the agency name and www.regulations.gov, keyword search Dated: March 15, 2019. specific docket number. All comments MARAD–2019–0036 or visit the Docket By Order of the Maritime Administrator. received will be posted without change Management Facility (see ADDRESSES for T. Mitchell Hudson, Jr., to the docket at www.regulations.gov, hours of operation). We recommend that Secretary, Maritime Administration. including any personal information you periodically check the Docket for provided. For detailed instructions on [FR Doc. 2019–05315 Filed 3–20–19; 8:45 am] new submissions and supporting submitting comments, see the section material. BILLING CODE 4910–81–P entitled Public Participation. FOR FURTHER INFORMATION CONTACT: Will my comments be made available to Bianca Carr, U.S. Department of the public? Transportation, Maritime Yes. Be aware that your entire Administration, 1200 New Jersey comment, including your personal

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identifying information, will be made authorized to grant waivers of the U.S.- California, Oregon, Washington, and publicly available. build requirements of the coastwise Alaska (excluding waters in trade laws to allow the carriage of no Southeastern Alaska).’’ (Base of May I submit comments confidentially? more than twelve passengers for hire on Operations: Bellingham, WA) If you wish to submit comments vessels, which are three years old or —Vessel Length and Type: 64′ motor under a claim of confidentiality, you more. A request for such a waiver has vessel should submit three copies of your been received by MARAD. The vessel, The complete application is available complete submission, including the and a brief description of the proposed for review identified in the DOT docket information you claim to be confidential service, is listed below. as MARAD–2019–0040 at http:// business information, to the Department DATES: Submit comments on or before www.regulations.gov. Interested parties of Transportation, Maritime April 22, 2019. may comment on the effect this action Administration, Office of Legislation ADDRESSES: You may submit comments may have on U.S. vessel builders or and Regulations, MAR–225, W24–220, identified by DOT Docket Number businesses in the U.S. that use U.S.-flag 1200 New Jersey Avenue SE, MARAD–2019–0040 by any one of the vessels. If MARAD determines, in Washington, DC 20590. Include a cover following methods: accordance with 46 U.S.C. 12121 and letter setting forth with specificity the • Federal eRulemaking Portal: Go to MARAD’s regulations at 46 CFR part basis for any such claim and, if possible, http://www.regulations.gov. Search 388, that the issuance of the waiver will a summary of your submission that can MARAD–2019–0040 and follow the have an unduly adverse effect on a U.S.- be made available to the public. instructions for submitting comments. vessel builder or a business that uses • Privacy Act Mail or Hand Delivery: Docket U.S.-flag vessels in that business, a Management Facility is in the West waiver will not be granted. Comments In accordance with 5 U.S.C. 553(c), Building, Ground Floor of the U.S. DOT solicits comments from the public should refer to the vessel name, state the Department of Transportation. The commenter’s interest in the waiver to better inform its rulemaking process. Docket Management Facility location DOT posts these comments, without application, and address the waiver address is: U.S. Department of criteria given in section 388.4 of edit, to www.regulations.gov, as Transportation, MARAD–2019–0040, described in the system of records MARAD’s regulations at 46 CFR part 1200 New Jersey Avenue SE, West 388. notice, DOT/ALL–14 FDMS, accessible Building, Room W12–140, Washington, through www.dot.gov/privacy. To DC 20590, between 9 a.m. and 5 p.m., Public Participation facilitate comment tracking and Monday through Friday, except on How do I submit comments? response, we encourage commenters to Federal holidays. provide their name, or the name of their Please submit your comments, organization; however, submission of Note: If you mail or hand-deliver your including the attachments, following the comments, we recommend that you include instructions provided under the above names is completely optional. Whether your name and a mailing address, an email or not commenters identify themselves, address, or a telephone number in the body heading entitled ADDRESSES. Be advised all timely comments will be fully of your document so that we can contact you that it may take a few hours or even considered. If you wish to provide if we have questions regarding your days for your comment to be reflected comments containing proprietary or submission. on the docket. In addition, your confidential information, please contact Instructions: All submissions received comments must be written in English. the agency for alternate submission must include the agency name and We encourage you to provide concise instructions. specific docket number. All comments comments and you may attach (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, received will be posted without change additional documents as necessary. 46 U.S.C. 12121) to the docket at www.regulations.gov, There is no limit on the length of the attachments. * * * * * including any personal information provided. For detailed instructions on Date: March 15, 2019. Where do I go to read public comments, submitting comments, see the section and find supporting information? By Order of the Maritime Administrator. entitled Public Participation. T. Mitchell Hudson, Jr., Go to the docket online at http:// FOR FURTHER INFORMATION CONTACT: www.regulations.gov, keyword search Secretary, Maritime Administration. Bianca Carr, U.S. Department of MARAD–2019–0040 or visit the Docket [FR Doc. 2019–05318 Filed 3–20–19; 8:45 am] Transportation, Maritime Management Facility (see ADDRESSES for BILLING CODE 4910–81–P Administration, 1200 New Jersey hours of operation). We recommend that Avenue SE, Room W23–453, you periodically check the Docket for Washington, DC 20590. Telephone 202– new submissions and supporting DEPARTMENT OF TRANSPORTATION 366–9309, Email [email protected]. material. Maritime Administration SUPPLEMENTARY INFORMATION: As described by the applicant the intended Will my comments be made available to [Docket No. MARAD–2019–0040] service of the vessel PUFFIN QUEST is: the public? —Intended Commercial Use of Vessel: Requested Administrative Waiver of Yes. Be aware that your entire ‘‘Private Vessel Charters, Passengers the Coastwise Trade Laws: Vessel comment, including your personal Only’’ PUFFIN QUEST (64′ Motor Vessel); identifying information, will be made —Geographic Region Including Base of publicly available. Invitation for Public Comments Operations: ‘‘Maine, New Hampshire, May I submit comments confidentially? AGENCY: Maritime Administration, DOT. Massachusetts, Rhode Island, ACTION: Notice. Connecticut, New York (excluding If you wish to submit comments waters in New York Harbor), New under a claim of confidentiality, you SUMMARY: The Secretary of Jersey, Pennsylvania, Delaware, should submit three copies of your Transportation, as represented by the Maryland, Virginia, North Carolina, complete submission, including the Maritime Administration (MARAD), is South Carolina, Georgia, East Florida, information you claim to be confidential

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business information, to the Department DATES: Submit comments on or before MARAD’s regulations at 46 CFR part of Transportation, Maritime April 22, 2019. 388, that the issuance of the waiver will Administration, Office of Legislation ADDRESSES: You may submit comments have an unduly adverse effect on a U.S.- and Regulations, MAR–225, W24–220, identified by DOT Docket Number vessel builder or a business that uses 1200 New Jersey Avenue SE, MARAD–2019–0037 by any one of the U.S.-flag vessels in that business, a Washington, DC 20590. Include a cover following methods: waiver will not be granted. Comments letter setting forth with specificity the • Federal eRulemaking Portal: Go to should refer to the vessel name, state the basis for any such claim and, if possible, http://www.regulations.gov. Search commenter’s interest in the waiver a summary of your submission that can MARAD–2019–0037 and follow the application, and address the waiver be made available to the public. instructions for submitting comments. criteria given in section 388.4 of • Mail or Hand Delivery: Docket MARAD’s regulations at 46 CFR part Privacy Act Management Facility is in the West 388. In accordance with 5 U.S.C. 553(c), Building, Ground Floor of the U.S. Public Participation DOT solicits comments from the public Department of Transportation. The to better inform its rulemaking process. Docket Management Facility location How do I submit comments? DOT posts these comments, without address is: U.S. Department of Please submit your comments, edit, to www.regulations.gov, as Transportation, MARAD–2019–0037, including the attachments, following the described in the system of records 1200 New Jersey Avenue SE, West instructions provided under the above notice, DOT/ALL–14 FDMS, accessible Building, Room W12–140, Washington, heading entitled ADDRESSES. Be advised through www.dot.gov/privacy. To DC 20590, between 9 a.m. and 5 p.m., that it may take a few hours or even facilitate comment tracking and Monday through Friday, except on days for your comment to be reflected response, we encourage commenters to Federal holidays. on the docket. In addition, your provide their name, or the name of their Note: If you mail or hand-deliver your comments must be written in English. organization; however, submission of comments, we recommend that you We encourage you to provide concise names is completely optional. Whether include your name and a mailing comments and you may attach or not commenters identify themselves, address, an email address, or a additional documents as necessary. all timely comments will be fully telephone number in the body of your There is no limit on the length of the considered. If you wish to provide document so that we can contact you if attachments. comments containing proprietary or we have questions regarding your confidential information, please contact submission. Where do I go to read public comments, the agency for alternate submission Instructions: All submissions received and find supporting information? instructions. must include the agency name and Go to the docket online at http:// (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, specific docket number. All comments www.regulations.gov, keyword search 46 U.S.C. 12121) received will be posted without change MARAD–2019–0037 or visit the Docket * * * * * to the docket at www.regulations.gov, Management Facility (see ADDRESSES for including any personal information hours of operation). We recommend that Dated: March 15, 2019. provided. For detailed instructions on you periodically check the Docket for By Order of the Maritime Administrator. submitting comments, see the section new submissions and supporting T. Mitchell Hudson, Jr., entitled Public Participation. material. Secretary, Maritime Administration. FOR FURTHER INFORMATION CONTACT: Will my comments be made available to [FR Doc. 2019–05321 Filed 3–20–19; 8:45 am] Bianca Carr, U.S. Department of the public? BILLING CODE 4910–81–P Transportation, Maritime Administration, 1200 New Jersey Yes. Be aware that your entire Avenue SE, Room W23–453, comment, including your personal DEPARTMENT OF TRANSPORTATION Washington, DC 20590. Telephone 202– identifying information, will be made 366–9309, Email [email protected]. publicly available. Maritime Administration SUPPLEMENTARY INFORMATION: As May I submit comments confidentially? [Docket No. MARAD–2019–0037] described by the applicant the intended If you wish to submit comments service of the vessel POET’S LOUNGE under a claim of confidentiality, you Requested Administrative Waiver of is: should submit three copies of your the Coastwise Trade Laws: Vessel —Intended Commercial Use of Vessel: complete submission, including the POET’S LOUNGE (47′ Sailboat); ‘‘Day sail charters and overnight term information you claim to be confidential Invitation for Public Comments charters with Captain.’’ business information, to the Department AGENCY: Maritime Administration, DOT. —Geographic Region Including Base of of Transportation, Maritime ACTION: Notice. Operations: ‘‘Connecticut, New York Administration, Office of Legislation (excluding New York Harbor), Rhode and Regulations, MAR–225, W24–220, SUMMARY: The Secretary of Island, Massachusetts’’ (Base of 1200 New Jersey Avenue SE, Transportation, as represented by the Operations: Mystic, CT) ′ Washington, DC 20590. Include a cover Maritime Administration (MARAD), is —Vessel Length and Type: 47 sailboat letter setting forth with specificity the authorized to grant waivers of the U.S.- The complete application is available basis for any such claim and, if possible, build requirements of the coastwise for review identified in the DOT docket a summary of your submission that can trade laws to allow the carriage of no as MARAD–2019–0037 at http:// be made available to the public. more than twelve passengers for hire on www.regulations.gov. Interested parties vessels, which are three years old or may comment on the effect this action Privacy Act more. A request for such a waiver has may have on U.S. vessel builders or In accordance with 5 U.S.C. 553(c), been received by MARAD. The vessel, businesses in the U.S. that use U.S.-flag DOT solicits comments from the public and a brief description of the proposed vessels. If MARAD determines, in to better inform its rulemaking process. service, is listed below. accordance with 46 U.S.C. 12121 and DOT posts these comments, without

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edit, to www.regulations.gov, as at the Regulations.gov website: http:// notice. The comment period ended on described in the system of records www.regulations.gov. Once at October 11, 2006. MARAD received notice, DOT/ALL–14 FDMS, accessible regulations.gov, perform a search using comments. A Final EA was issued in through www.dot.gov/privacy. To MARAD docket number ‘‘MARAD– March 2008. Based on the Final EA, facilitate comment tracking and 2019–0043’’ to locate the Supplemental MARAD determined that the response, we encourage commenters to EA. For in-person access to the docket, environmental effects of the provide their name, or the name of their go to Room W12–401 of the Department decommissioning of the NSS would not organization; however, submission of of Transportation, 1200 New Jersey significantly affect the quality of the names is completely optional. Whether Avenue SE, Washington, DC, between 9 human or natural environment and or not commenters identify themselves, a.m. and 5 p.m., Monday through therefore would not warrant the all timely comments will be fully Friday, except Federal Holidays, and preparation of an Environmental Impact considered. If you wish to provide ask for the MARAD docket number Statement. A Finding of No Significant comments containing proprietary or identified above. If you have questions Impact was issued on May 6, 2008. The confidential information, please contact on viewing the Docket, call Docket environmental effects of the specific the agency for alternate submission Operations, telephone: 202–366–9317 or location and method of instructions. 202–366–9826. decommissioning were to be analyzed (Authority: 49 CFR 1.93(a), 46 U.S.C. 55103, FOR FURTHER INFORMATION CONTACT: Ms. in a separate environmental review 46 U.S.C. 12121) Kris Gilson, REM, CHMM, MARAD document. The Supplemental EA is that separate environmental review * * * * * Office of Environment, at telephone number: 202–366–1939 or by email at document and it analyzes those effects Dated: March 15, 2019. [email protected]. Persons who and supports a finding that the By Order of the Maritime Administrator. use a telecommunications device for the Proposed Action would result in no T. Mitchell Hudson, Jr., deaf (TDD) may call the Federal significant impacts to the human or Secretary, Maritime Administration. Information Relay Service (FIRS) at 1– natural environment. [FR Doc. 2019–05311 Filed 3–20–19; 8:45 am] 800–877–8339 to contact the above Under the provision of the Consolidated Appropriations Acts for BILLING CODE 4910–81–P individual during business hours. The 2017 and 2018, funding was FIRS is available twenty-four hours a appropriated to MARAD to begin day, seven days a week, to leave a nuclear decommissioning of the NSS. DEPARTMENT OF TRANSPORTATION message or question with the above The purpose of the Proposed Action is individual. You will receive a reply Maritime Administration to reduce residual radioactivity to levels during normal business hours. [Docket Number MARAD–2019–0043] that allow termination of the NRC SUPPLEMENTARY INFORMATION: Under the license. The Proposed Action is needed standards promulgated in Title 10 of the Notice of Availability of Supplemental to reduce costs associated with Code of Federal Regulations, Part 50, the Environmental Assessment for maintaining the NSS and to meet the NSS is licensed and regulated by the Decommissioning of the Defueled MARAD mission objective to U.S. Regulatory Commission (NRC). The Nuclear Power Plant Onboard the NS decommission its nuclear reactor and NSS operated from 1962 to 1970, after SAVANNAH terminate its NRC license. which it was removed from service. In The Proposed Action would be to AGENCY: Maritime Administration, DOT. 1971, the vessel’s nuclear reactor was award a decommissioning contract to a ACTION: Notice of availability. de-fueled and made permanently domestic company that is technically inoperable in 1975–76. The NSS is still capable of segregating Low Level SUMMARY: The U.S. Department of licensed by the NRC and will remain so Radioactive Waste (LLRW) and Transportation (DOT), has made until the nuclear facilities are decommissioning to support license available for review to interested parties dismantled, removed from the ship, and termination in accordance with the Supplemental Environmental properly disposed—a regulated process applicable Federal, State, and local Assessment (EA) for the collectively known as decommissioning. environmental and safety and health decommissioning of the deactivated and On September 11, 2006, MARAD laws and regulations. Construction of inoperable nuclear power plant onboard published a notice in the Federal new facilities and dredging would not the NS SAVANNAH (NSS), currently Register (71 FR 53490) entitled, be required because all three locations moored in Baltimore, Maryland. The ‘‘Availability of a Draft Environmental have existing infrastructure and deep Supplemental EA analyzes three Assessment.’’ This notice announced water to accommodate NSS and support Proposed Action Alternative locations: that a draft EA for decommissioning of decommissioning. The towing would Baltimore, MD, the Preferred the nuclear power plant onboard the meet requirements for safety, Alternative; Hampton Roads, VA; NSS had been prepared and made navigation, environmental, and other Philadelphia, PA; and the No-Action available to the public for comment in safeguards. Alternative. The analysis focuses on the accordance with NEPA, 42 U.S.C. 4371 If MARAD is unable to award a following environmental resources: et seq., the CEQ regulations for contract, the No-Action alternative Water resources, biological resources, implementing NEPA, 40 CFR parts would result by default. The No-Action air quality, waste management, and 1500–1508, DOT Order 5610.1C, and Alternative includes continuous health and safety. The Supplemental EA MARAD MAO 600–1. The notice berthing of NSS at Baltimore and demonstrates that implementing the informed the public on how to obtain, MARAD’s continued environmental Proposed Action would result in no and submit comments on, the draft EA. liabilities and costs associated with significant impacts to the human or The draft EA analyzed the impacts continuing to maintain the vessel in a natural environment and the associated with the full nuclear protective storage condition. The No- preparation of an Environmental Impact decommissioning of the vessel. The Action Alternative does not meet Statement is not warranted. draft EA was made available for a 30- MARAD’s mission objectives and may ADDRESSES: A copy of the Supplemental day public comment period, beginning result in future significant unplanned EA is available for public review online on the date of the publication of the and unbudgeted expense.

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Authority: 42 U.S.C. 4321, et seq., 40 CFR 89–85, and Temp. Treas. Reg. § 1.897– Approved: March 18, 2019. parts 1500–1508, Department of 6T to take into account statutory Laurie Brimmer, Transportation Order 5610.1C, and MARAD mergers and consolidations under Senior Tax Analyst. Administrative Order 600–1. foreign or possessions law which may [FR Doc. 2019–05390 Filed 3–20–19; 8:45 am] * * * * * now qualify for nonrecognition BILLING CODE 4830–01–P Dated: March 18, 2019. treatment under section 368(a)(1)(A). By Order of the Maritime Administrator. The specific collections of information T. Mitchell Hudson, Jr., are contained in Temp. Treas. Reg. DEPARTMENT OF VETERANS Secretary, Maritime Administration. §§ 1.897–5T(c)(4)(ii)(C) and 1.897– AFFAIRS 6T(b)(1). These reporting requirements [FR Doc. 2019–05387 Filed 3–20–19; 8:45 am] notify the IRS of the transfer and enable Creating Options for Veterans BILLING CODE 4910–81–P it to verify that the transferor qualifies Expedited Recovery (COVER) for nonrecognition and that the Commission; Notice of Meeting transferee will be subject to U.S. tax on DEPARTMENT OF THE TREASURY a subsequent disposition of the U.S. real In accordance with the Federal property interest. Advisory Committee Act, the Creating Internal Revenue Service Options for Veterans Expedited Recover Current Actions: There are no changes (COVER) Commission gives notice of a Proposed Collection; Comment being made to the notice at this time. meeting to be held on April 16 and 17, Request for Notice 2006–46 Type of Review: Extension of a 2019, at the Hilton Garden Inn AGENCY: Internal Revenue Service (IRS), currently approved collection. Washington DC Downtown, 815 14th Treasury. Affected Public: Business or other-for- Street NW, Washington, DC 20005. The public session on April 16, will begin at ACTION: Notice and request for profit organizations. 9:00 a.m. and conclude at comments. Estimated Number of Respondents: approximately 5:00 p.m. On April 17, 500. SUMMARY: The Internal Revenue Service the public session will begin at 8:00 (IRS), as part of its continuing effort to Estimated Time per Respondent: 1 a.m. and conclude at approximately reduce paperwork and respondent hour. 5:00 p.m. (all times Eastern). burden, invites the general public and The purpose of the COVER Estimated Total Annual Reporting Commission is to examine the evidence- other Federal agencies to take this Burden Hours: 500. opportunity to comment on information based therapy treatment model used by The following paragraph applies to all collections, as required by the the Department of Veterans Affairs (VA) of the collections of information covered Paperwork Reduction Act of 1995. The for treating mental health conditions of by this notice: IRS is soliciting comments concerning Veterans and the potential benefits of Treatment of distributions by foreign An agency may not conduct or incorporating complementary and corporations and Coordination with sponsor, and a person is not required to integrative health approaches as nonrecognition provisions. respond to, a collection of information standard practice throughout the Department. The planned following DATES: Written comments should be unless the collection of information topics include: (1) Models of care; (2) received on or before May 20, 2019 to displays a valid OMB control number. care system financial information; (3) be assured of consideration. Books or records relating to a tele-mental health; (4) Veteran’s family collection of information must be ADDRESSES: Direct all written comments experience and discussion with senior retained as long as their contents may to Laurie Brimmer, Internal Revenue officials from the VA. Service, Room 6526, 1111 Constitution become material in the administration Members of the public are invited to Avenue NW, Washington, DC 20224. of any internal revenue law. Generally, attend open sessions in-person or via FOR FURTHER INFORMATION CONTACT: tax returns and tax return information telephone listening line. Only a limited Requests for additional information or are confidential, as required by 26 amount of seating will be available, and copies of this notice should be directed U.S.C. 6103. members of the public will be seated on to Martha R. Brinson, at (202) 317–5753, Request for Comments: Comments a first come-first served basis. The or at Internal Revenue Service, Room submitted in response to this notice will listening line number is 800–767–1750; 6526, 1111 Constitution Avenue NW, be summarized and/or included in the access code 48664# and it will be Washington, DC 20224, or through the request for OMB approval. Comments activated 10 minutes prior to each day’s internet at [email protected]. will be of public record. Comments are sessions. Members of the public SUPPLEMENTARY INFORMATION: invited on: (a) Whether the collection of utilizing the listening line are asked to Title: Announcement of Rules to be information is necessary for the proper confirm their attendance via an email to Included in Final Regulations performance of the functions of the [email protected]. The concerning Treatment of distributions agency, including whether the videotaping or recording of Commission by foreign corporations and information has practical utility; (b) the proceedings is discouraged as it may be Coordination with nonrecognition accuracy of the agency’s estimate of the disruptive to the Commission’s provisions under Section 897(d) and (e) burden of the collection of information; proceedings. of the Internal Revenue Code. (c) ways to enhance the quality, utility, Any member of the public seeking OMB Number: 1545–2017. and clarity of the information to be additional information including copies Notice Number: Notice 2006–46. collected; (d)ways to minimize the of materials referenced during open Abstract: This notice announces that burden of the collection of information sessions should email the Designated the IRS and Treasury Department will on or other forms of information Federal Officer for the Commission, Mr. issue final regulations under section technology; and (e) estimates of capital John Goodrich, at COVERCommission@ 897(d) and (e) of the Internal Revenue or start-up costs and costs of operation, va.gov. Although there will not be time Code that will revise the rules under maintenance, and purchase of services allotted for members of the public to Temp. Treas. Reg. § 1.897–5T, Notice to provide information. speak, the COVER Commission will

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accept written comments which may be found at www.va.gov/homeless/gpd.asp. these grant funds include, but are not sent to the email address noted. In Applications may not be mailed, limited to, the following: communications with the Commission, emailed, or sent by fax. Applications 1. Making home visits by the case the writers must identify themselves must be received by the GPD Program manager to monitor housing stability; and state the organizations, associations, Office by 4:00 p.m. Eastern Time on the 2. Providing or coordinating or persons they represent. application deadline date. Applications educational activities related to meal Dated: March 18, 2019. must be submitted as a complete planning, tenant responsibilities, the use of public transportation, community LaTonya L. Small, package. Materials arriving separately will not be included in the application resources, financial management, Federal Advisory Committee Management development of natural supports; Officer. package for consideration and may 3. Making referrals to needed services, [FR Doc. 2019–05383 Filed 3–20–19; 8:45 am] result in the application being rejected or not funded. See Funding Limitations such as mental health, substance use BILLING CODE P section of this NOFA for maximum disorder, medical, and employment allowable grant amounts. services; and 4. Participating in case conferencing DEPARTMENT OF VETERANS Technical Assistance: Information with other service providers who are AFFAIRS regarding how to obtain technical assistance with the preparation of a case working with the Veteran. Funding Availability: Homeless management grant application is There is a 6-month time limit for Providers Grant and Per Diem Program available on the GPD Program website Veterans to receive case management at: www.va.gov/homeless/gpd.asp. services. However, VA may approve a AGENCY: Department of Veterans Affairs. request to extend services beyond the 6- FOR FURTHER INFORMATION CONTACT: Mr. ACTION: Notice of Funding Availability month period if an organization submits Jeffery L. Quarles, Director, VA GPD (NOFA). a request to VA in writing, and VA National Program, at GPDGrants@ approves it before the 6-month time va.gov. SUMMARY: The Department of Veterans limit expires. Because in most Affairs (VA) is announcing the SUPPLEMENTARY INFORMATION: circumstances case management availability of funds to eligible entities Funding Opportunity Title: Grant and services are provided to Veterans after to provide time-limited case Per Diem Case Management Services they have been in receipt of benefits management services to improve the Grant Program. under the GPD or HCHV CRS Programs, retention of housing by Veterans who Announcement Type: Initial. VA believes that 6 months would, in were previously homeless and are Funding Opportunity Number: VA– most cases, be sufficient time for a transitioning to permanent housing from GPD–CM–FY2019. Veteran to have the necessary tools in programs such as VA’s Homeless Catalog of Federal Domestic place to retain permanent housing. Providers Grant and Per Diem (GPD) Assistance Number: 64.024, VA B. Definitions: Title 38 CFR part 61 Program or VA’s Healthcare for Homeless Providers Grant and Per Diem contains definitions of terms used in the Homeless Veterans (HCHV) Contracted Program. GPD Program that are applicable to this Residential Services (CRS) Program. I. Funding Opportunity Description NOFA. DATES: Applications for case C. VHA Homeless Programs management grants under the GPD A. Purpose: In an effort to reduce Referenced in this NOFA: Program must be received by the GPD homelessness in the Veteran population, 1. The GPD Program provides grant National Program Office by 4:00 p.m. Congress required VA to expand its funding to community-based Eastern Time on Monday, May 20, 2019. benefits for homeless Veterans by organizations to provide transitional In the interest of fairness to all establishing a new grant program. See housing and supportive services to competing applicants, this deadline is Public Law 114–315, sec. 712 homeless Veterans. Case management firm as to date and hour, and VA will (December 16, 2016) (codified as 38 grants are part of the GPD Program. treat as ineligible for consideration any United States Code (U.S.C.) 2013). This 2. The HCHV Contracted Residential application that is received after the case management NOFA will provide Services Program places Veterans who deadline. Applicants should take this funds to organizations within qualify for VA health care in need of an practice into account and make early communities that provide case immediate housing placement into submission of their materials to avoid management services to improve the short-term community-based supportive any risk of loss of eligibility brought retention of housing by Veterans who housing with the goal of transitioning about by unanticipated delays, were previously homeless and are Veterans to permanent housing and/or computer service outages, or other transitioning to permanent housing and additional care. submission-related problems. to Veterans who are at risk of becoming 3. The SSVF Program provides grant For a Copy of the Application homeless. funding to community-based Package: The required documentation To ensure that grant funding is used organizations to assist very low-income for an application submission is to provide case management services to veteran families residing in or outlined under the Application as many Veterans as possible, grant transitioning to permanent housing. Documentation Required section of this funds under this program may not be SSVF grantees provide a range of NOFA. Questions should be referred to used for Veterans who are receiving case supportive services to eligible Veteran the GPD National Program Office by management services from permanent families that are designed to promote email at [email protected]. For detailed supportive housing programs (e.g., housing stability. GPD Program information and Housing and Urban Development-VA 4. The HUD–VASH Program is a requirements, see part 61 of Title 38, Supportive Housing (HUD–VASH)) or collaborative program between HUD Code of Federal Regulations (38 CFR rapid re-housing/homeless prevention and VA, which combines HUD housing part 61). programs (e.g., Supportive Services for vouchers with VA supportive services to Submission of Application Package: Veterans Families (SSVF)). help Veterans and their families who are Applicants must submit applications Examples of case management homeless find and sustain permanent electronically following instructions services that grantees can provide using housing.

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D. Eligibility Information: To be improvements or to purchase vans or Detroit, Michigan (station 553); and eligible, an applicant must be a 501(c)(3) real property. Vehicles may be leased to Honolulu, Hawaii (station 459). VA or 501(c)(19) non-profit organization, facilitate required transportation within medical facility catchment area state or local government agency, or the community. assignment will be determined by the recognized Indian Tribal Government. 3. Only full-time case management applicant’s response in the Project See 38 CFR 61.1. Additionally, as this position requests will be funded. A full- Summary (section D, question 1). grant is primarily intended to serve time case management position, per this (b) All other VA medical facility Veterans discharging from GPD and NOFA, is defined as an average of 40 catchment areas not identified above, HCHV CRS programs, the VA medical hours weekly or 80 hours biweekly. may be funded for up to one full-time facility catchment area must have Workload may be shared between case management position. occupied beds serving Veterans that multiple staff. (c) VA’s decisions regarding the would be appropriate for case D. Funding Limitations: To facilitate number of full-time management management services once they exit geographic dispersion of this case positions to be allocated among the their transitional housing program. See management resource, VA has catchment areas will be based on factors Funding Restrictions regarding the established the following limitations: such as need, geographic dispersion, limitations on the number of case 1. Case management services grant and availability of funding subject to the management positions that may be funding may be used for the following upper limits set in paragraph 3.(a) and awarded and the maximum award administrative purposes: 3.(b) above. amounts. (a) Providing funding for case E. Funding Priorities: VA has E. Cost Sharing or Matching: None. management staff; established the following funding F. Authority: 38 U.S.C. 2013, as (b) Providing transportation for the priorities. implemented in regulation at 38 CFR case manager; 1. Priority 1. VA will place in the first 61.90–98. (c) Providing cell phones and funding priority those applications from computers to facilitate home visits and operational GPD-funded organizations II. Award Information other case management activities that have provided a written A. Overview: This NOFA announces associated with the grant; and commitment to give up per diem or the availability of funding to eligible (d) Providing office furniture for the special need funding and convert their 501(c)(3) and 501(c)(19) non-profit use of the case management staff. transitional housing to permanent organizations, state and local 2. The maximum 2-year award, per housing. In order to obtain this priority, governments, and Indian Tribal full-time funded case management organizations must provide governments for the provision of case position, is $225,000. From this amount documentation showing that their management services primarily for the following funding limitations apply: permanent housing meets the housing Veterans transitioning from either VA’s (a) Grantees may allocate a maximum quality standards established under GPD or HCHV CRS programs. A separate of $15,000 for transportation costs per section 8(o)(8)(B) of the United States application is required for each VA case management position. Housing Act of 1937 (42 U.S.C. medical facility catchment area. VA (b) Grantees may allocate a maximum 1437f(o)(8)(B)). Applicants wishing to expects to fund approximately 133 case of $4,000 for cell phones and computers be considered under funding Priority 1 management positions with this NOFA. per case management position. must submit with their application a Applicants must agree to meet the 3. To facilitate geographic dispersion signed letter on agency letterhead noting applicable requirements of 38 CFR part of this case management resource the that, if selected for funding, the agency 61. number of funded positions at each VA withdraws from their currently B. Allocation of Funds: medical facility catchment area will be operational GPD project. This letter of Approximately $30 million is available limited as follows: commitment must be provided as an for this grant component. Funding will (a) The following VA medical attachment to the case management be for a period of 2 years beginning on facilities may be funded for up to three, grant application. Applications will October 1, 2019, and ending on full-time case management positions: then be ranked within the funding September 30, 2021. Funding for the VA Greater Los Angeles Healthcare priority. entire grant award period will be System (station 691); Las Vegas, Nevada 2. Priority 2. VA will place in the obligated at the time of award and (station 593); Coatesville, Pennsylvania second funding priority those available for draw down by the grantee (station 542); VA Tennessee Valley applications from organizations that over the award period. Monthly Healthcare System, Tennessee (station demonstrate a capability to provide case reimbursements will be issued based on 626); Orlando, Florida (station 675); management services, particularly costs incurred by the grantee. Funding Dallas, Texas (station 549); Phoenix, organizations that are successfully will be awarded under this NOFA Arizona (station 644); VA Central providing transitional housing services depending on funding availability and Western Massachusetts Healthcare using grants provided by VA under 38 subject to program authorization. System (station 631); Columbia, South U.S.C. 2012 and 2061. Applications will C. Funding Restrictions: Questions Carolina (station 544); Philadelphia, then be ranked within the funding regarding funding restrictions should be Pennsylvania (station 642); Bay Pines, priority. directed to the GPD National Program Florida (station 561); Denver, Colorado 3. Priority 3. VA will place in the Office using the email listed in the (station 554); Jesse Brown VA Medical third funding priority those applications Contact section. The following Center (Chicago), Illinois (station 537); from other organizations without a GPD restrictions apply to this award: Cleveland, Ohio (station 541); San grant that seek to provide time limited 1. Applicants may not receive funding Diego, California (station 664); Tampa, case management to formerly homeless to replace funds provided by any Florida (station 673); Portland, Oregon Veterans who have exited VA Federal, state, or local government (station 648); N. California, California transitional housing or other VA agency or program to assist homeless (station 612); VA Maryland Healthcare homeless residential treatment services persons. System, MD (station 512); Charleston, to permanent housing. Applications will 2. No part of an award under this South Carolina (station 534); San then be ranked within the funding NOFA may be used to facilitate capital Francisco, California (station 662); priority.

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F. Payment: Payments will be in a C. Documentation of being actively 4. Grant Contact #1: Include the name, method that is in accordance with VA registered in the System for Award title, phone, fax, and email address. and other Federal fiscal requirements. Management (SAM): All applicants Note: This contact is specific to this Awardees will be subject to must have an active registration in SAM grant application and may be a Program requirements of this NOFA, GPD corresponding to the Data Universal Manager, Director, Case Manager, Grant regulations, 2 CFR part 200, and other Numbering System number provided on Administrator, or other position Federal grant requirements. A full copy the Application for Federal assistance overseeing the GPD grant project. of the regulations governing the GPD (SF424). Provide your current 5. Grant Contact #2: Include the name, Program is available at the GPD website Commercial and Government Entity title, phone, fax, and email address. at: www.va.gov/homeless/gpd.asp. code and SAM expiration date. Note: This contact may be a CFO, D. Project Summary: financial manager, or other position III. Application and Submission 1. Oversight and monitoring of case overseeing the financial responsibilities Information management grants will be provided by of the GPD grant project. A. To Obtain a Grant Application: The the VA medical facility whose 6. A complete listing of your agency’s required documentation for an catchment area includes the location of officers of the Board of Directors and application submission is outlined the administrative office where the their address, phone, fax, and email below in the Application program records for this grant will be addresses. Documentation Required section of this maintained. A separate application is F. Project Abstract: In approximately NOFA. Standard forms, which must be required for each VA medical facility 500 words, provide a brief abstract of included as part of a complete catchment area. Provide the name of the proposed case management project. application package, may be this VA medical facility. G. Detailed Project Description: This downloaded directly from VA’s GPD 2. Name and three-digit Continuum of is the portion of the application that Program web page at: www.va.gov/ Care number(s) where services will be describes your proposed case homeless/gpd.asp. Questions should be provided. management grant. VA Reviewers will referred to the GPD National Program 3. Number of full-time case focus on how the application addresses Office at [email protected]. For management positions requested the areas of project plan, ability, need, detailed GPD Program information and (subject to the limits described in the and coordination including how requirements, see 38 CFR part 61. Funding Limitations section). support services will be coordinated in B. Content and Form of Application: 4. Total funding requested for the relationship to your selected model. The VA is seeking to focus resources to entire 2-year grant award period. This requirements in this section are assist homeless Veterans with housing amount is subject to the limitations consistent with 38 CFR part 61 subpart retention. If your agency is unclear as to described in the Funding Limitations G (see 38 CFR 61.92). how to submit an application, contact section of this NOFA. 1. Project Plan (see 38 CFR 61.92(c)): 5. Budget narrative—breakdown the the GPD National Program Office for (a) Project Plan—In approximately Total Funding Requested, in question 4 clarification prior to submission of any 500 words describe the referral and above, into the allowable cost categories application to ensure it is submitted in acceptance process for case management as identified in the Funding Limitations the correct format. Applicants should services. Including how your agency ensure that they include all required section of this NOFA. 6. Identify the county or counties will outreach to local community HCHV documents in their electronic which will be serviced by the case and GPD providers to identify Veterans application submission, carefully follow management staff. within your community who would be the format, and provide the information 7. Identify the funding priority of this eligible for these services. requested and described below. application. (b) Project Plan—In approximately Submission of an incorrect, incomplete, E. Applicant Contact Information: 500 words, describe how Veterans will or incorrectly formatted application 1. Location of the case manager(s) be assessed for acuity or need for package will result in the application office where program records will be services. When demand for services is being rejected. retained. Include the complete address, greater than what can be provided by IV. Application Documentation city, state, zip code + four-digit the case manager(s), how will Veterans Required extension, county, and congressional be prioritized? district. (c) Project Plan—In approximately A. Standard Forms: 2. Location of the administrative 500 words, describe your case 1. Application for Federal Assistance office where correspondence can be sent management services. (SF–424); to the Executive Director/President/CEO (d) Project Plan—In approximately 2. Non-Construction Budget (SF– (no P.O. Boxes). Include complete 500 words, describe how services for 424A); and address, city, state, zip code + four-digit Veterans will be individualized to assist 3. Non-Construction Assurances (SF– extension, county, and congressional them in retaining their housing. 424B). district. (e) Project Plan—In approximately B. Eligibility: 3. Organization Primary Contact: 250 words, describe how education will 1. Nonprofit organizations must Include the name, title, phone, fax and be provided to case management provide evidence of private nonprofit email address. Note: This contact is participants, as needed, in the areas of status by submitting a copy of their assigned to the organization, not a tenant rights and responsibilities, Internal Revenue Service (IRS) ruling specific grant award, and is normally rental/lease agreements, landlord’s demonstrating tax-exempt status under someone who signs grant agreements or rights and responsibilities, and the IRS Code of 1986, as amended. makes all executive decisions for the budgeting. 2. State/local government entities organization. This is most often the (f) Project Plan—In approximately 250 must provide a copy of any comments CEO, the President, or Executive words, describe the minimum frequency or recommendations by approved state Director. Grant organizations with of contacts with Veterans and the and (area wide) clearinghouses pursuant multiple awards can only have one method(s) of contact (e.g. home visits, to Executive Order 12372. Organization Contact. phone contact).

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(g) Project Plan—In approximately SSVF permanent housing programs (see B. Tie Score: In the event of a tie score 250 words, describe the resources that 38 CFR 61.92(e)). between applications, VA will will be provided to the case manager to (a) Need—In approximately 1,000 determine, at its discretion, if both facilitate engagement with Veterans words, discuss the overall need for these grants should be selected for funding or (e.g., vehicle, cell phone, computer, case management services to assist if the awards will be funded for a lesser office space). unserved Veterans with housing amount than requested. retention in your community. Provide (h) Project Plan—In approximately VI. Award Administration Information 500 words, describe how crisis community level data that supports intervention will be utilized to your assertions regarding need. A. Award Notice: Although subject to coordinate intervention for medical, (b) Need—In approximately 250 change, the GPD National Program psychiatric, and substance abuse needs words, discuss how many GPD and Office expects to announce grant awards in order to promote the retention of HCHV providers (including approved in the fourth quarter of FY 2019. The permanent housing. number of operational beds) are initial announcement will be made via (i) Project Plan—In approximately 500 currently in your community. news release which will be posted on words, describe how case management (c) Need—In approximately 500 VA’s National GPD Program website at will be phased out over time prior to words, identify the specific GPD and www.va.gov/homeless/gpd.asp. termination of services (Note, 38 CFR HCHV grantees that your agency intends Following the initial announcement, the 61.90(c), case management services may to accept case management referrals GPD Office will send notification letters be authorized for up to 6 months, unless from. Provide the grantee name, type of to the grant recipients. Applicants who VA receives and approves a written grant (HCHV or GPD), housing model, are not selected will be sent a request for additional time before the 6- number of beds, county, and state for declination letter within 2 weeks of the month time limit expires). Include each project. initial announcement. discussion as to how your organization Example 1: Grantee One; GPD; Low B. Administrative and National will assess Veterans periodically for Demand; 20 beds; Hillsborough County, Policy: VA places great emphasis on reduced or increased case management Florida. responsibility and accountability. VA engagement. Example 2: Grantee Two; HCHV; CRS; has procedures in place to monitor (j) Project Plan—In approximately 500 10 beds; Hillsborough County, Florida. services provided to homeless Veterans (d) Need—In approximately 500 words, describe your organizations’ and outcomes associated with the words, discuss how many formally involvement with your communities services provided under this GPD homeless Veterans your organization coordinated entry system and how this Program. anticipates serving using the proposed C. Reporting: Grantees should be project fits into this system. case management position(s) during the aware of the following: 2. Ability (see 38 CFR 61.92(d)): first 12 months of the grant award 1. Upon execution of a case (a) Ability—In approximately 500 period. Explain how you determined management grant agreement with VA, words, provide information about the this number of Veterans. grantees will have a liaison appointed proposed case management position(s), 4. Coordination (see 38 CFR 61.92(g)): from a nearby VA medical facility to including the minimum education, (a) Coordination—In approximately provide oversight and monitor services training, skills, and prior work 1,000 words, describe how you have provided to homeless Veterans in the experience requirements. Include the coordinated this proposal with the local program. number of hours per week, per case VA medical facilities, including how 2. Each funded program will management position requested, that medical care, mental health, substance participate in VA’s national program will be dedicated to this grant. If use care will be coordinated. Letters monitoring and evaluation as these identifying specific licenses or degrees may be included to demonstrate procedures will be used to determine required for the position, list all coordination. successful outcomes for each grant. acceptable credentials. (b) Coordination—In approximately 3. VA will complete regular (b) Ability—In approximately 1,000 1,000 words, describe how you have monitoring evaluations of each grantee words, provide information regarding coordinated this proposal with the local to include, at a minimum, a quarterly your organization’s previous experience HCHV and GPD providers in your review of the grantees’ performance, providing community-based case community who would potentially be helping Veterans maintain housing management services, particularly referring Veterans for case management stability, adequate income support, and targeted to assisting formerly homeless services. Letters may be included to self-sufficiency as identified in each persons in retaining permanent housing, demonstrate coordination. case management application. which includes, but is not limited to, (c) Coordination—In approximately Monitoring may also include a financial responding to medical, mental health or 500 words, discuss how this project has review to ensure compliance with substance use crises; and working with been coordinated with the local program requirements. The grantee will landlords as part of supportive housing Continuum of Care. Letters may be be expected to demonstrate adherence services. included to demonstrate coordination. to the grantee’s proposed program (c) Ability—In approximately 1,000 concept, as described in the grantee’ V. Application Review Information words, describe any past performance application. All grantees are subject to with federal, state, or local grants or A. Criteria for Grants: VA will only audits conducted by VA or its contracts, including audits by private or score applications that meet the representative. public entities, to provide services to threshold requirements described in 38 4. Grantees will be assessed based on homeless persons. CFR 61.92. VA will use the rating their ability to meet critical performance 3. Need: When providing information criteria described in 38 CFR 61.92 to measures. In addition to meeting to support the need for case score grant applications. Applications program requirements defined by the management services, keep in mind that will be awarded priority as described in regulations and this NOFA, grantees your discussion should not include 38 CFR 61.94. Applications will then be will be assessed on the following: Veterans already receiving case ranked within the funding priority of (a) The percentage of Veterans who management through HUD–VASH or the applicant based on that score. received case management services

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under the program who were able to management services under the the Department of Veterans Affairs. retain permanent housing by the end of program, including a comparison of the Robert L. Wilkie, Secretary, Department the program. employment status of such Veterans of Veterans Affairs, approved this (b) The percentage of Veterans who before and after receiving such services. document on March 15, 2019, for publication. received case management services Signing Authority under the program who were not in Dated: March 18, 2019. permanent housing at the end of the The Secretary of Veterans Affairs, or Luvenia Potts, program, disaggregated by housing designee, approved this document and Program Specialist, Office of Regulation status and reason for failing to retain authorized the undersigned to sign and Policy & Management, Office of the Secretary, permanent housing under the program. submit the document to the Office of the Department of Veterans Affairs. (c) An assessment of the employment Federal Register for publication [FR Doc. 2019–05359 Filed 3–20–19; 8:45 am] status of Veterans who received case electronically as an official document of BILLING CODE 8320–01–P

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Part II

Environmental Protection Agency

40 CFR Part 80 Modifications to Fuel Regulations To Provide Flexibility for E15; Modifications to RFS RIN Market Regulations; Proposed Rule

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ENVIRONMENTAL PROTECTION renewable identification number (RIN) a.m.–4:30 p.m., Monday–Friday (except AGENCY market and prevent market Federal Holidays). manipulation. Instructions: All submissions received 40 CFR Part 80 DATES: Comments must be received on must include the Docket ID No. for this [EPA–HQ–OAR–2018–0775; FRL–9991–04– or before April 29, 2019. Under the rulemaking. Comments received may be OAR] Paperwork Reduction Act (PRA), posted without change to https:// comments on the information collection www.regulations.gov, including any RIN 2060–AU34 provisions are best assured of personal information provided. For Modifications to Fuel Regulations To consideration if the Office of detailed instructions on sending Provide Flexibility for E15; Management and Budget (OMB) comments and additional information Modifications to RFS RIN Market receives a copy of your comments on or on the rulemaking process, see the Regulations before April 22, 2019. ‘‘Public Participation’’ heading of the Public Hearing. EPA will announce SUPPLEMENTARY INFORMATION section of AGENCY: Environmental Protection the public hearing date and location for this document. Agency (EPA). this proposal in a supplemental Federal FOR FURTHER INFORMATION CONTACT: Julia ACTION: Proposed rule. Register document. MacAllister, Office of Transportation ADDRESSES: You may send your and Air Quality, Assessment and SUMMARY: The Environmental Protection comments, identified by Docket ID No. Standards Division, Environmental Agency (EPA) is proposing regulatory EPA–HQ–OAR–2018–0775, by any of Protection Agency, 2000 Traverwood changes to allow gasoline blended with the following methods: Drive, Ann Arbor, MI 48105; telephone • up to 15 percent ethanol to take Federal eRulemaking Portal: http:// number: 734–214–4131; email address: advantage of the 1-pound per square www.regulations.gov (our preferred [email protected]. inch (psi) Reid Vapor Pressure (RVP) method) Follow the online instructions waiver that currently applies to E10 for submitting comments. SUPPLEMENTARY INFORMATION: during the summer months. EPA is also • Mail: U.S. Environmental Potentially Affected Entities. Entities proposing an interpretive rulemaking Protection Agency, EPA Docket Center, potentially affected by this proposed which defines gasoline blended with up Office of Air and Radiation Docket, Mail rule include those involved with the to 15 percent ethanol as ‘‘substantially Code 28221T, 1200 Pennsylvania production, importation, distribution, similar’’ to the fuel used to certify Tier Avenue NW, Washington, DC 20460. marketing, and retailing of 3 motor vehicles. Finally, EPA is • Hand Delivery/Courier: EPA Docket transportation fuels, including gasoline proposing regulatory changes to modify Center, WJC West Building, Room 3334, and diesel fuel or renewable fuels such certain elements of the Renewable Fuel 1301 Constitution Avenue NW, as ethanol, biodiesel, renewable diesel, Standard (RFS) compliance system, in Washington, DC 20004. The Docket and biogas. Potentially affected order to improve functioning of the Center’s hours of operations are 8:30 categories include:

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

Industry ...... 324110 2911 Petroleum refineries. Industry ...... 325193 2869 Ethyl alcohol manufacturing. Industry ...... 325199 2869 Other basic organic chemical manufacturing. Industry ...... 424690 5169 Chemical and allied products merchant whole- salers. Industry ...... 424710 5171 Petroleum bulk stations and terminals. Industry ...... 424720 5172 Petroleum and petroleum products merchant wholesalers. Industry ...... 454319 5989 Gasoline service stations. Industry ...... 447190 5541 Marine service stations. 1 North American Industry Classification System (NAICS). 2 Standard Industrial Classification (SIC).

This table is not intended to be Public Participation. Submit your should include discussion of all points exhaustive, but rather provides a guide comments, identified by Docket ID No. you wish to make. EPA will generally for readers regarding entities likely to be EPA–HQ–OAR–2018–0775, at https:// not consider comments or comment affected by this proposed action. This www.regulations.gov (our preferred contents located outside of the primary table lists the types of entities that EPA method), or the other methods submission (i.e., on the web, cloud, or is now aware could potentially be identified in the ADDRESSES section. other file sharing system). For affected by this proposed action. Other Once submitted, comments cannot be additional submission methods, the full types of entities not listed in the table edited or removed from the docket. EPA EPA public comment policy, could also be affected. To determine may publish any comment received to information about CBI or multimedia whether your entity would be affected its public docket. Do not submit submissions, and general guidance on by this proposed action, you should electronically any information you making effective comments, please visit carefully examine the applicability consider to be Confidential Business https://www.epa.gov/dockets/ criteria in 40 CFR part 80. If you have Information (CBI) or other information commenting-epa-dockets. any questions regarding the whose disclosure is restricted by statute. applicability of this proposed action to Multimedia submissions (audio, video, Outline of This Preamble a particular entity, consult the person etc.) must be accompanied by a written I. Executive Summary listed in the FOR FURTHER INFORMATION comment. The written comment is A. Purpose of This Action CONTACT section. considered the official comment and

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B. Summary of the Major Provisions of Minority Populations and Low-Income exceeding 9.0 psi during the summer.4 This Action Populations Currently, only blends of ethanol and 1. E15 RVP V. Statutory Authority gasoline containing at least 9 percent 2. RIN Market Reform II. Extension of the 1-psi Waiver to E15 I. Executive Summary and no more than 10 percent ethanol by A. Background volume (E10) are granted the 1-psi 1. Background of E10 and E15 CAA Sec. A. Purpose of This Action waiver.5 211(f)(4) Waivers EPA is proposing several steps to 2. Background on CAA Sec. 211(h) The objectives of this action are B. Proposed Interpretation of CAA Sec. twofold. First, this rulemaking will take accomplish this change. First, we are 211(h)(4) steps intended to create parity in the proposing to modify our interpretation 1. Proposed Interpretation way the RVP of both E10 and E15 fuels of CAA sec. 211(h)(4). Second, we are 2. Regulatory Amendments is treated under EPA regulations. proposing a regulation that would effect 3. Effects on Regulated Parties Second, this action proposes reforms to two changes: (1) Remove limitations in C. Proposed Interpretation of RIN regulations intended to increase our regulations that were put in place in ‘‘Substantially Similar’’ for Gasoline 1. Statutory Framework transparency and deter potential keeping with the prior interpretation of 2. Certification Fuels manipulative and other anti-competitive CAA sec. 211(h)(4) on the volatility of 3. History of Sub Sim Interpretations behaviors in the RIN market. E15 promulgated in the E15 Misfueling 4. Criteria for Determining Whether a Fuel Mitigation Rule (‘‘MMR’’); 6 and (2) Is ‘‘Substantially Similar’’ B. Summary of the Major Provisions of This Action modify the associated product transfer 5. Technical Rationale and Discussion document (PTD) requirements also 6. Other Aspects of the Proposed Interpretative Rulemaking 1. E15 RVP promulgated in the MMR. Third, we are D. E15 Misfueling Mitigation proposing to clarify our interpretation of E. E15 Emission Impacts We are proposing to adjust the CAA sec. 211(f), making it clear that the F. E15 Economic Impacts volatility requirements for E15 during conditions on the CAA sec. 211(f)(4) the summer season or the period of May 1. Benefits for E15 RVP waivers granted to E15 in 2010 and 2011 1 through September 15.12 The changed 2. Costs for E15 RVP do not restrict the application of the 1- III. RIN Market Reforms volatility requirements for these blends psi waiver to downstream oxygenate A. Overview of RFS Compliance will allow E15 to receive the benefit of B. RIN Market Assessment the provision at CAA sec. 211(h)(4), blenders in most circumstances. C. President’s Directive commonly referred to as ‘‘the 1-psi As a result of this action, parties D. Objectives E. Proposed Approach to Individual waiver.’’ The 1-psi waiver allows would be able to make and distribute Regulatory Reforms gasoline-ethanol blends to have a higher E15 made with the same conventional 1. Reform One: Public Disclosure if RIN RVP 3 than would be allowed under blendstock for oxygenate blending Holdings Exceed Certain Threshold CAA sec. 211(h)(1) and the (CBOB) 7 that is used to make E10 by 2. Reform Two: Increase RFS Compliance corresponding volatility regulations, oxygenate blenders during the summer.8 Frequency which prohibit the RVP of gasoline from E15 would then be held to the same 3. Reform Three: Limiting Who Can gasoline volatility standards that Purchase Separated RINs 1 4. Reform Four: Limiting Duration of RIN For purposes of this preamble, E15 refers to currently apply to E10, maintaining gasoline-ethanol blended fuels that contain greater substantially the same level of Holdings by Non-Obligated Parties than 10 volume percent and no more than 15 5. Enhancing EPA’s Market Monitoring volume percent ethanol content. emissions performance as E10 since E15 Capabilities 2 CAA sec. 211(h)(1) requires EPA to establish made from the same CBOB during the F. RIN Market Reform Economic Impacts volatility requirements during the high ozone summer would have slightly lower RVP 1. Benefits of RIN Market Reform season. To implement these requirements, EPA than E10 and would be expected to have 2. Costs of RIN Market Reform defines ‘‘high ozone season’’ at 40 CFR 80.27 as the similar emissions performance as G. Conclusion period from June 1 to September 15. The IV. Statutory and Executive Order Reviews regulations at 40 CFR 80.27 also specify that all discussed in Sections II.C and II.E. A. Executive Order 12866: Regulatory parties except for retailers must make and distribute As discussed in Section II.C, we are Planning and Review and Executive gasoline meeting the RVP standards at § 80.27 from May 1 through September 15 and calls this period also proposing a ‘‘substantially similar’’ Order 13563: Improving Regulation and the ‘‘regulatory control period.’’ The E15 partial (sub sim) interpretative rulemaking for Regulatory Review waivers impose the 9.0 psi RVP limit on E15 from B. Executive Order 13771: Reducing May 1 through September 15. In general practice by 4 Regulations and Controlling Regulatory industry and for purposes of this preamble, the high In a few areas, specified at 40 CFR 80.27, the Costs ozone season and regulatory control period is RVP standard is 7.8 psi. In these areas, after C. Paperwork Reduction Act (PRA) referred to as the ‘‘summer’’ or ‘‘summer season’’ application of the 1-psi waiver, gasoline-ethanol blended fuels covered by the 1-psi waiver could D. Regulatory Flexibility Act (RFA) and gasoline produced to be used during the regulatory control period and high ozone season is have an RVP of up to 8.8 psi. E. Unfunded Mandates Reform Act 5 This applies only to conventional gasoline. E10 (UMRA) called ‘‘summer gasoline.’’ EPA does not have any volatility requirements on gasoline outside of the reformulated gasoline does not receive the 1-psi F. Executive Order 13132: Federalism summer season. waiver under CAA sec. 211(h)(4), and neither G. Executive Order 13175: Consultation 3 RVP is a measure of the volatility of gasoline. would E15 reformulated gasoline as a result of this and Coordination With Indian Tribal Gasoline must have volatility in the proper range proposed action. Reformulated blendstock for Governments to prevent driveability, performance, and emissions oxygenate blending would continue to need to meet H. Executive Order 13045: Protection of problems. Too low and the gasoline will not ignite a lower RVP level to allow for the subsequent Children From Environmental Health properly; too high and the vehicle may experience addition of ethanol. Risks and Safety Risks vapor lock. Importantly for this proposal, 6 See 76 FR 44406 (July 25, 2011). I. Executive Order 13211: Actions excessively high volatility also leads to increased 7 CBOB is the base gasoline made specifically for Concerning Regulations That evaporative emissions from the vehicle. Vehicle blending with 10 percent ethanol in conventional gasoline areas of the country. Significantly Affect Energy Supply, evaporative emission control systems are designed and certified on gasoline with a volatility of 9.0 psi 8 EPA does not have volatility limitations on Distribution, or Use RVP. Higher volatility gasoline may overwhelm the gasoline outside of the summer season. Therefore, J. National Technology Transfer and vehicle’s evaporative control system, leading to a E15 can already be made from the same blendstock Advancement Act (NTTAA) condition described as ‘‘breakthrough’’ of the used for E10 outside of the summer season. The rest K. Executive Order 12898: Federal Actions cannister and mostly uncontrolled evaporative of the year is commonly referred to as the ‘‘winter To Address Environmental Justice in emissions. season’’ or ‘‘winter.’’

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gasoline.9 We are proposing two The first threshold would be triggered if proposing that a non-obligated party alternative sub sim interpretations. We a party’s end-of-day separated D6 RIN would be required to sell or retire as are proposing that E15 with an RVP of holdings exceeded three percent of the many RINs as it obtained in a quarter. 10.0 psi is sub sim to fuel used to certify total implied conventional biofuel We are proposing that parties would Tier 3 light duty vehicles (i.e., E10 with volume requirement. An obligated party make a yes/no certification statement to an RVP of 9.0 psi). We are also that triggered the first threshold would EPA about its compliance with this proposing and seeking comment on an then apply a second threshold by limit in a quarterly report and that alternative interpretation that E15 with comparing its end-of-day separated D6 auditors would confirm this statement an RVP of 9.0 psi is sub sim to fuel used RIN holdings with 130 percent of its in the annual attest engagement. to certify Tier 3 light duty vehicles. individual implied conventional Lastly, we outline our consideration Either of these sub sim interpretations renewable volume obligation (RVO). We of taking additional steps beyond those would enable E15 to be lawfully are proposing that parties make daily listed in the President’s directive to blended from the same gasoline calculations and make a yes/no enhance our market monitoring blendstock (i.e., CBOB) that is used to certification statement to EPA in a capabilities. We propose that auditors make E10 during the summer by all fuel quarterly report and that we would would include in their attest manufacturers (in addition to oxygenate publish on our website the names of any engagements to EPA a full list of a blenders who would be able to do so parties that reported exceeding the party’s affiliates, including affiliates not without a new sub sim interpretative thresholds. We seek comment on registered with the RFS program. To rulemaking). whether exceeding the thresholds improve our abilities to analyze and should be considered a prohibited act. publish RIN price data, we propose that 2. RIN Market Reform We are also proposing that the RIN parties would follow certain EPA takes claims of RIN market holdings of corporate affiliates be conventions when reporting RIN prices manipulation seriously and although we included in a party’s calculations to to EPA and that they would report have yet to see data-based evidence of determine if they trigger a threshold. whether the RIN transaction was on the such behavior, the potential for For the second reform, we are spot market or as the result of a term manipulation is a concern. Accordingly, proposing to establish RIN retirement contract. We also explain that we plan we are proposing the four reforms requirements for the first three quarters to update business rules in EMTS to outlined in President Trump’s October of the compliance year, calculated by an require that both parties in a RIN 11, 2018 statement 10 and are requesting obligated party as its gasoline and diesel transaction enter the same RIN price. comments on additional steps we can production and import volume through Finally, we discuss the possibility of take to identify and prevent RIN market the end of the quarter multiplied by the employing a third-party market monitor manipulation. Specifically, we are current year renewable fuel standard. to conduct analysis of the RIN market, proposing and seeking comment on the We propose to discount the requirement including screening for potential anti- following RIN market reforms outlined to 80 percent of the calculated volume competitive behavior. by the President, as well as some to provide necessary flexibility. II. Extension of the 1-psi Waiver to E15 additional items identified by EPA: Obligated parties would submit reports • Requiring public disclosure when to EPA 60 days after the end of the In this action, we are proposing to RIN holdings held by an individual quarter to demonstrate compliance with adjust the volatility requirements for actor exceed specified limits. these requirements and could use any E15 during the summer season based on • Requiring the retirement of RINs for D-code RINs to do so. This reform a revised interpretation of CAA sec. the purpose of compliance be made in would not impact the current annual 211(h)(4). The changed volatility real time. RVO calculations or compliance, requirements for these blends will allow • Prohibiting entities other than including the two-year RIN life, the E15 to receive the benefit of the 1-psi obligated parties from purchasing annual deficit carryover, or the 20 waiver. The 1-psi waiver, at CAA sec. separated RINs. 211(h)(4), allows gasoline-ethanol • percent carryover provisions. We Limiting the length of time a non- propose that an obligated party that fell blends to have a higher RVP than would obligated party can hold RINs. short of its quarterly RIN retirement be allowed under CAA sec. 211(h)(1) For the first reform, we are proposing requirement in the current year would and the corresponding volatility to set two RIN holding thresholds that not be able to incur a deficit in its next regulations that prohibit the RVP of would work in tandem to prevent year annual RVO. gasoline from exceeding 9.0 psi during potential accumulation of market For the third reform, we are proposing the summer. Currently, EPA regulations power. These thresholds would apply to that only obligated parties, exporters, only grant the 1-psi waiver to blends of 11 holdings of separated D6 RINs only. and certain non-obligated parties be ethanol and gasoline containing at least allowed to purchase separated D6 RINs. 9 percent and no more than 10 percent 9 EPA last issued an interpretative rulemaking for ethanol by volume. The proposed what it considers sub sim for gasoline in 2008. See Non-obligated parties would be exempt 73 FR 22281 (April 25, 2008). from this proposed restriction if they interpretation in this action is in 10 See: https://www.whitehouse.gov/briefings- were a corporate or contractual affiliate response to the increased presence of statements/president-donald-j-trump-expanding- to an obligated party. This would E15 in the gasoline marketplace, and the waivers-e15-increasing-transparency-rin-market. include blenders who could conditions that led us to provide the 11 RINs specify a ‘‘D-code’’ corresponding to the renewable fuel category applicable to the fuel, as demonstrate that they had contracts to original 1-psi waiver for E10 in 1990 are determined by the feedstock used, fuel type deliver separated RINs to an obligated equally applicable to E15 today. produced and GHG emissions of the fuel, among party for the purpose of compliance. The volatility of E15 is also limited by other characteristics. There are five different D- CAA sec. 211(f). CAA sec. 211(f) Codes for RINs in the RFS program. D3 RINs are Non-obligated parties that need to cellulosic biofuel RINs. D4 RINs are biomass-based replace invalid RINs would also be prohibits the introduction into diesel (including both biodiesel and renewable exempt from this proposed provision. commerce of fuels and fuel additives diesel) RINs. D5 RINs are advanced biofuel RINs. For the fourth reform, we are unless they are substantially similar to D6 RINs are conventional biofuel RINs (primarily proposing a limit on the duration that a fuels utilized in the certification of corn ethanol). D7 RINs are cellulosic diesel RINs which meet the requirements for both cellulosic non-obligated party could hold motor vehicles, or receive a waiver from biofuel and biomass-based diesel. separated D6 RINs. Specifically, we are the sub sim requirement in accordance

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with CAA sec. 211(f)(4). E15 currently similar (commonly referred to as ‘‘sub vehicles, heavy-duty gasoline engines has a sub sim waiver, and the waiver sim’’) to any fuel or fuel additive used and vehicles, highway and off-highway conditions put in place for E15 set the in the certification of any MY1975, or motorcycles, and nonroad engines, maximum RVP level at 9.0 psi. In order subsequent model year, vehicle or vehicles, and equipment. This denial to allow E15 to receive the 1-psi waiver engine under CAA sec. 206. Fuels that was based on EPA’s engineering under CAA sec. 211(h)(4) and introduce are not sub sim to a fuel used in judgement that E15 could adversely E15 at the higher RVP level into certification cannot be introduced into affect the emissions and emissions commerce, we must address the commerce unless EPA has granted a controls of vehicles, engines, and statutory provisions under both CAA waiver under CAA sec. 211(f)(4). CAA equipment not covered by the partial sec. 211(f) and (h). sec. 211(f)(4) provides that upon waivers and that the applicants had not EPA is proposing several steps to application of any fuel or fuel additive provided sufficient data or other accomplish this change. First, we are manufacturer, the Administrator may information to demonstrate that E15 proposing to modify our interpretation waive the prohibitions of CAA sec. would not cause or contribute to a of CAA sec. 211(h)(4). Under this new 211(f)(1) if the Administrator failure to achieve compliance with the interpretation, ethanol blends determines that the applicant has emissions standards to which these containing at least 10 percent ethanol established that such fuel or fuel vehicles, engines, and equipment were would receive the 1-psi waiver, additive, or a specified concentration certified over their full useful lives, as including E15. To effectuate this thereof, will not cause or contribute to required by CAA sec. 211(f)(4). change, we are proposing the following a failure of any emission control device In the October 2010 waiver, for changes to EPA’s fuels regulations: (1) or system (over the useful life of the MY2007 and newer motor vehicles, EPA Remove limitations in our regulations motor vehicle, motor vehicle engine, also concluded that the data and that were put in place in keeping with nonroad engine or nonroad vehicle in information show that E15 will not lead the prior interpretation of CAA sec. which such device or system is used) to to violations of evaporative emissions 211(h)(4) on the volatility of E15 achieve compliance by the vehicle or standards, so long as the fuel does not promulgated in 40 CFR 80.27 and the engine with the emission standards to exceed an RVP of 9.0 psi in the MMR (i.e., 40 CFR part 80, subpart N); which it has been certified pursuant to summer.17 Subsequently, in the January and (2) modify the associated PTD CAA sec. 206 and 213(a). 2011 waiver, EPA imposed identical requirements promulgated in the MMR. In 1978, a waiver application was waiver conditions for MY2001–2006 After application of the CAA sec. submitted for gasoline containing motor vehicles, including the 211(h)(4) waiver, we must then ensure ethanol at 10 percent by volume (E10). requirement that the fuel not exceed an that E15 with an RVP of 10 psi can be EPA did not act to grant or deny the RVP of 9.0 psi in the summer, based on introduced into commerce. Therefore, as petition for a waiver for E10, and the same conclusion.18 a second step, in order to allow the consequently, under the statutory Taken together, these partial waivers introduction into commerce of E15 at scheme as it existed at that time, the permitted E15 to be used in MY2001 10.0 RVP in the summer under CAA sec. waiver was deemed granted by and newer light-duty motor vehicles 12 211(f), we are co-proposing two operation of law. Thus, E10 was subject to particular waiver conditions, potential mechanisms. The first granted a waiver under CAA sec. including fuel quality conditions and mechanism clarifies our interpretation 211(f)(4) without any conditions, in conditions on the sale and use of E15. of CAA sec. 211(f), making it clear that contrast to prior CAA sec. 211(f)(4) These waiver conditions included the the conditions on the CAA sec. 211(f)(4) waivers, which included, for example, prohibition on the use of E15 in pre- 13 waivers granted to E15 in 2010 and 2011 conditions on RVP. MY2001 motor vehicles, in addition to do not restrict the application of the For E15, EPA granted partial waivers heavy-duty gasoline engines or vehicles, under CAA sec. 211(f)(4) in 2010 and CAA sec. 211(h)(4) 1-psi waiver to or motorcycles, as well as any nonroad 2011.14 Specifically, on October 13, downstream oxygenate blenders, as engines or nonroad vehicles. The waiver 2010, EPA approved a partial waiver explained in more detail later in this conditions also placed limitations on request to allow the introduction of E15 notice. We are co-proposing a second the ethanol that can be added (both the into commerce for use in MY2007 and mechanism that would find that E15 is concentration and quality),19 as well as newer light-duty motor vehicles subject substantially similar to the E10 fuel a condition that the RVP of the final fuel to certain waiver conditions.15 utilized to certify Tier 3 light-duty not exceed 9.0 psi.20 The waiver Subsequently, on January 21, 2011, EPA vehicles, thus allowing E15 similar conditions also require fuel and fuel extended this partial waiver to include treatment to E10 with respect to RVP. additive manufacturers to submit a MY2001–2006 light-duty motor vehicles The following subsections provide misfueling mitigation plan describing after receiving and analyzing additional further details on how we will all reasonable precautions for ensuring U.S. Department of Energy (‘‘DOE’’) test accomplish this change, as well as E15 is only used in MY2001 and newer data and finding that E15 will not cause impacts on emissions and the economy. motor vehicles, as described in the or contribute to a failure to achieve A. Background compliance with the emissions 17 See 75 FR 68149–68150 (November 4, 2010). standards to which these vehicles were 18 See 76 FR 4682–4683 (January 26, 2011). 1. Background of E10 and E15 CAA Sec. 16 certified over their useful lives. EPA 19 211(f)(4) Waivers For example, the ethanol used to make E15 also denied the waiver request for must meet ASTM D4806–10 specifications for CAA sec. 211(f)(1) makes it unlawful MY2000 and older light-duty motor ethanol quality. See ASTM D4806–10, ‘‘Standard for any manufacturer of any fuel or fuel Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive 12 additive (‘‘fuel or fuel additive See 44 FR 20777 (April 6, 1979). Spark-Ignition Engine Fuel,’’ ASTM International, manufacturer’’) to first introduce into 13 See e.g., ‘‘Fuels and Fuel Additives; Waiver West Conshohocken, PA, 2010. commerce, or to increase the Application,’’ Octamix Waiver, 53 FR 3636 20 This RVP limit is identical to the limitation (February 8, 1988). concentration in use of, any fuel or fuel under CAA sec. 211(h)(1) of 9.0 psi RVP during the 14 See 75 FR 68094 (November 4, 2010) and 76 high ozone season. The high ozone season was additive for use by any person in motor FR 4662 (January 26, 2011), respectively. defined by the Administrator via regulation to mean vehicles manufactured after model year 15 See 75 FR 68094 (November 4, 2010). the period from June 1 to September 15 of any (MY) 1974, which is not substantially 16 See 76 FR 4662 (January 26, 2011). calendar year.

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waiver conditions.21 EPA is not a. Pre-Enactment Volatility Regulations because gasohol was given a CAA sec. proposing to revise the E15 partial In 1987, prior to the 1990 CAA 211(f)(4) waiver by operation of law, no waivers under CAA sec. 211(f)(4), and is amendments, EPA for the first time volatility controls had previously been therefore not soliciting comments on the proposed limitations on the volatility of placed on it. Thus, even though the waiver itself or any of its conditions. gasoline under CAA sec. 211(c), which CAA sec. 211(f)(4) waiver allowed E10 To help facilitate the implementation provides EPA with general authority to to be lawfully introduced into of the waiver conditions and place regulate fuels and fuel additives. These commerce, the lowered RVP standards requirements on parties other than fuel limitations on gasoline volatility were had the potential to shut down the and fuel additive manufacturers, EPA put into place to address evaporative nascent ethanol blending industry. promulgated the E15 Misfueling emissions from gasoline-fueled vehicles To address this potential hurdle to Mitigation Rule (MMR) in 2011, under due to their contribution to ozone continued ethanol blending, EPA CAA sec. 211(c), subsequent to the E15 formation. The volatility of gasoline had proposed interim regulations for gasohol partial waiver decisions.22 The E15 begun rising significantly in the years that allowed it to be 1.0 psi RVP higher than otherwise required for gasoline.31 MMR imposed fuel dispenser labeling, preceding EPA’s action, due to vehicle This is referred to as the 1-psi waiver.32 PTD, and compliance survey design becoming more tolerant of higher As a result, 10 percent ethanol could be requirements on parties that make and RVP through fuel injected engines, as blended at downstream terminals into distribute E15. The E15 MMR also well as strong economic incentive to the gasoline that refineries had already promulgated EPA’s interpretation of the add butane 25 to fuel due to favorable produced. The agency, therefore, applicability of the 1-psi waiver in CAA blending economics.26 This lead to very designed the 1-psi waiver as a means of sec. 211(h)(4) to E15 and certain high evaporative volatile organic accommodating the CAA sec. 211(f)(4) regulations designed to effectuate that compound (VOC) emissions from the in- waiver that was then applicable to E10 interpretation.23 In this action, EPA is use fleet of gasoline vehicles. EPA and to address public policy concerns, proposing to revise the interpretation of believed that matching the volatility of such as reducing dependence on foreign CAA sec. 211(h)(4) articulated in the certification fuel to the volatility of in- use fuel would reduce evaporative oil and making use of excess MMR and the regulations adopted to agricultural production, as referenced implement that interpretation. emissions, and would help ensure vehicle were designed to handle in-use above. The Agency proposed that the 1- 2. Background on CAA Sec. 211(h) conditions. In particular, limiting the psi waiver be conditioned on sampling volatility of gasoline to 9.0 psi RVP, and testing the final blend of gasoline To properly understand this proposed and ethanol for RVP by all regulated action, it is important to review the which is the level in the E0 gasoline on which vehicles were certified under parties, including downstream blenders, history of EPA’s volatility controls both 33 CAA sec. 206 at that time, would reduce that elected to use the waiver. leading up to and after the enactment of In 1989, EPA finalized regulations emissions from all gasoline-related CAA sec. 211(h). Congress enacted CAA that imposed limits on the volatility of sources, and enable additional VOC sec. 211(h) as part of the CAA 27 gasoline and ethanol blends as ‘‘Phase Amendments of 1990 to address the emission reductions. At the time of the 1987 proposal, I’’ of a two-phase regulation under CAA volatility of gasoline. Congress did so in some parties had begun the practice of sec. 211(c), which is EPA’s general the context of EPA’s prior regulatory adding ethanol to gasoline after the authority to regulate fuels and fuel actions, under CAA sec. 211(c), which refinery process has been completed to additives. EPA’s regulation established a aimed to control the RVP of gasoline. make what was then known as maximum RVP limit of 10.5 psi for EPA has historically viewed Congress’s ‘‘gasohol.’’ 28 This practice was known gasoline sold during the high ozone enactment of 211(h), therefore, as a 34 as ‘‘splash blending’’ ethanol into season. In that action, EPA also codification of EPA’s regulatory actions provided a RVP allowance ‘‘for gasoline- 24 gasoline and generally took place at with regard to RVP up to that point. downstream terminals. At the time, ethanol blends commonly known as Accordingly, CAA sec. 211(h)(1) gasohol also had a tax credit because gasohol’’ that was 1.0 psi higher than for 35 prohibits the sale of gasoline with an Congress intended to encourage the use gasoline. This was finalized as an RVP in excess of 9.0 psi during the high of ethanol as a means of reducing interim measure with the intent to ozone season while CAA sec. 211(h)(2) dependence on foreign oil and making revisit the issue in ‘‘Phase II’’ of the 36 allows EPA to promulgate more use of excess agricultural production.29 volatility regulations. stringent RVP requirements for Adding 10 percent ethanol to gasoline, EPA’s final regulations in that action nonattainment areas. CAA sec. 211(h)(4) however, causes roughly a 1.0 psi RVP provided that in order to receive the 1- further provides a 1.0 psi RVP increase in the blend’s volatility.30 At psi waiver, ‘‘gasoline must contain at allowance for ‘‘fuel blends containing the time, due to the limited amount of least 9% ethanol (by volume),’’ and that gasoline and 10 percent’’ ethanol and ethanol blended into gasoline, almost no ‘‘the ethanol content of gasoline shall be recognizes the existence of the CAA sec. low-RVP gasoline was available into determined by use of one of the testing 211(f)(4) waiver for E10—the only which 10 percent ethanol could be methodologies specified in Appendix F ethanol blend which had received such splash-blended without the gasoline- to this part.’’ The regulations also a waiver at that time—in the ‘‘deemed ethanol blended fuel exceeding the provided that ‘‘the maximum ethanol to comply’’ provisions contained in proposed RVP limit. Unlike E15, content of gasoline shall not exceed any CAA sec. 211(h)(4)(A–C). applicable waiver conditions under 25 Butane, in this context, refers to a high- 21 See 76 FR 4662, 4582 (January 26, 2011). volatility, relatively inexpensive gasoline 31 See 52 FR 31274, 31316 (August 19, 1987). 22 See 76 FR 44406 (July 25, 2011). blendstock that gasoline refiners typically add to or 32 See 52 FR 31316 (August 19, 1987). 23 As discussed further in the following section, remove from gasoline to control RVP. 33 See 52 FR 31274, proposed 40 CFR 80.27(d)(1) 26 in promulgating regulations following the 52 FR 31279 (August 19, 1987). (August 19, 1987). See also 54 FR 11872–73 (March enactment of CAA sec. 211(h)(4), EPA interpreted 27 See 52 FR 31274 at 31278–31287 (August 19, 22, 1989), where we declined to finalize this 211(h)(4) to apply to gasoline ethanol blends 1987). approach. containing about 10 percent ethanol. See 56 FR 28 52 FR 31292 (August 19, 1987). 34 See 54 FR 11879 (March 22, 1989). 64708 (December 12, 1991). 29 Id. 35 Id. 24 See 76 FR 44433 (July 25, 2011). 30 Id. 36 Id.

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section 211(f)(4) of the Clean Air b. Enactment of CAA Sec. 211(h) as adding less than 1.0 psi RVP to Act.’’ 37 gasoline.’’ 43 In November 1990, Congress enacted In that action, EPA did not place Further, Congress also enacted a the CAA Amendments of 1990, limits on the upper bound of the ethanol conditional defense against liability for including CAA sec. 211(h), which content, other than by providing, as violations of the RVP level allowed provided the first statutory provisions quoted above, that the ethanol content under the 1-psi waiver by stating: specifically addressing RVP. CAA sec. shall not exceed any applicable waiver [p]rovided; however, that a distributor, 211(h)(1) required EPA ‘‘to promulgate conditions under CAA sec. 211(f)(4) blender, marketer, reseller, carrier, retailer, or regulations making it unlawful . . . (and thereby implicitly incorporating wholesale purchaser consumer shall be during the high ozone season to sell any upper-bound limit imposed as a deemed to be in full compliance with the . . . or introduce into commerce condition on any future applicable provisions of this subsection and the gasoline with a Reid Vapor Pressure in regulations promulgated thereunder if it can waiver). At the time, the highest excess of 9.0 pounds per square inch.’’ demonstrate that—(A) The gasoline portion permissible ethanol content under a Further in CAA sec. 211(h)(4), Congress, of the blend complies with the Reid vapor CAA sec. 211(f)(4) waiver was 10 following EPA’s lead in the 1989 and pressure limitations promulgated pursuant to percent ethanol, and thus, this provision 1990 volatility regulations, also allowed this subsection; (B) the ethanol portion of the could only apply to blends containing blend does not exceed its waiver condition fuel blends containing gasoline and 10 9–10 percent ethanol. In other words, under subsection (f)(4) of this section; and (C) percent ethanol to have 1 psi higher EPA designed the 1-psi waiver to allow no additional alcohol or other additive has RVP than the RVP standard otherwise for the continued lawful introduction been added to increase the Reid Vapor established in CAA sec. 211(h)(1). CAA into commerce of E10 and, the Phase I Pressure of the ethanol portion of this blend. sec. 211(h)(4) provides the following: CAA sec. 211(h)(4). RVP regulatory language would have automatically accommodated future (4) Ethanol waiver. For fuel blends This is referred to as the ‘‘deemed to increases in allowable ethanol containing gasoline and 10 percent denatured comply’’ provision, or the alternative concentration in gasoline under a CAA anhydrous ethanol, the Reid vapor pressure compliance mechanism for the 1-psi sec. 211(f)(4) waiver. limitation under this subsection shall be one waiver. It is considered a statutorily In June 1990, in ‘‘Phase II’’ of the pound per square inch (psi) greater than the mandated defense that allows regulated volatility regulations, EPA established a applicable Reid vapor pressure limitations parties such as downstream oxygenate maximum RVP limit of 9.0 psi. The established under paragraph (1). blenders to demonstrate compliance regulations also established an RVP with the relaxed RVP standard instead According to legislative history, of complying with the testing provisions limit of 7.8 psi for gasoline sold during ‘‘[t]his provision was included in the high ozone season in both ozone in 40 CFR 80.27(d)(2) (1987). It also recognition that gasoline and ethanol reflects Congressional response to EPA’s attainment and nonattainment areas in are mixed after the refining process has the southern states of the country. EPA proposed compliance testing provisions been completed. It was recognized that for the 1-psi waiver in the 1987 further maintained the 1 psi RVP to require ethanol to meet a nine pound allowance for blends of 10 percent proposed rulemaking, which they RVP would require the creation of a viewed as complicated and ethanol and gasoline and did not modify production and distribution network for 38 burdensome; ‘‘the enforcement strategy the regulations at 40 CFR 80.27(d). sub-nine pound RVP gasoline. The cost Thus, both the language stating that the recently proposed by the Agency . . . of producing and distributing type of would be totally unworkable for those gasoline must contain at least 9 percent fuel would be prohibitive to the ethanol, and the language stating that motor vehicle fuels which are a blend of petroleum industry and would likely gasoline and ethanol and which are the maximum ethanol content of result in the termination of the gasoline shall not exceed any applicable allowed a higher RVP limit under the availability of ethanol in the reported bill.’’ 44 waiver conditions under CAA sec. marketplace.’’ 41 EPA has interpreted 39 211(f)(4), remained in the regulations. CAA sec. 211(h) as largely a codification c. Implementation of CAA Sec. 211(h)(4) In doing so the agency reiterated that 42 of our prior RVP regulations. Relevant Subsequent to Congress’s enactment this was in recognition of the legislative history also indicates that of CAA sec. 211(h)(4), EPA modified importance of ethanol to the nation’s Congress based the 1.0 psi waiver on these regulations to more explicitly energy security as well as the technical data showing that blending align with the new statutory provisions, agricultural economy sector. The agency gasoline with 9–10 percent ethanol but ‘‘did not propos[e] any change to the also addressed air quality impacts of would result in an approximate 1 psi current requirement that the blend allowing the 1-psi waiver given that a RVP increase for the final gasoline- contain between 9 and 10 percent higher RVP limit for blends of 10 ethanol blend. Hearing testimony ethanol (by volume) to obtain the one percent ethanol and gasoline would provides that ‘‘[t]he certainty of physical psi allowance.’’ 45 However, EPA did result in increased evaporative VOC chemistry provides the assurance the modify its regulations at 40 CFR 80.27 emissions. It ‘‘reflects the moderation in addition of 10 percent ethanol to the to clarify that ‘‘gasoline must contain EPA’s concern about negative air quality base gasoline will not exceed 1.0 psi denatured, anhydrous ethanol,’’ and impact as well as a reluctance to RVP.... [A]nd the Clean Air Act itself that ‘‘[t]he concentration of the ethanol, threaten the motor fuel ethanol which prohibits addition of more than excluding the required denaturing production and blending industries 10 percent ethanol, alleviates any 40 with collapse.’’ concern that the addition of ethanol to 43 Clean Air Act Amendments: Hearings on H.R. gasoline will result in different volatility 2521, H.R. 3054 and H.R. 3196 Before the 37 54 FR 11872–73 (March 22, 1989) (codified at levels than already recognized by EPA Subcommittee on Health and the Environment of 40 CFR 80.27(d)). the Committee On Energy and Commerce, 100th 38 See 55 FR 23658, 23660 (June 11, 1990). Cong. 1st Sess. (1987) at 366 (statement of Eric 39 Id. the existence of the gasohol industry.’’ 55 FR 23666 Vaughn, President and CEO of renewable Fuels 40 ‘‘While some believe the industry should not (June 11, 1990). Association). exist . . . [o]ther agencies and Congress will 41 S. Rep. No. 101–228, at 110 (1989) (Conf. Rep.); 44 S. Rep. No. 100–231, 100th Cong. 1st Sess. at continue to address related agricultural, trade and reprinted at 5 Leg. Hist. at 8450 (1993). 149 (1987). energy issues which have led to federal support for 42 See 76 FR 44433 (July 25, 2011). 45 See 56 FR 64708 (December 12, 1991).

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agent, must be at least 9% and no more production of a certification from the reflected the near complete transition of than 10% (by volume) of the gasoline’’ facility from which the gasoline is the in-use gasoline supply to E10 in the (where, as quoted above, the previous received.’’ 51 EPA also issued years following the passage of EPAct version of the regulations provided that regulations for additional defenses and the Energy Independence and gasoline ‘‘must contain at least 9% against liability at 40 CFR 80.28(g)(1–7). Security Act (‘‘EISA’’) and the ethanol’’ to qualify for the 1-psi RVP implementation of the Renewable Fuel d. Enactment of CAA sec. 211(h)(5) waiver). We read both the statutory 1- Standard program at CAA sec. 211(o).54 psi waiver provision and the ‘‘deemed As part of the Energy Policy Act of E15 has now entered the marketplace, to comply’’ provision in CAA sec. 2005 (‘‘EPAct’’), Public Law 109–58 but the current limitation of the 211(h)(4) together to limit the volume (2005), Congress added CAA sec. applicability of the 1-psi waiver to only concentration of ethanol to between 9 211(h)(5), which provides: E10 is one of several hurdles to the and 10 percent, as only blends of Upon notification, accompanied by continued entry of E15 into the gasoline and up to 10 percent ethanol supporting documentation, from the marketplace.55 The same market had a waiver under CAA sec. 211(f)(4) Governor of a State that the RVP limitation limitation that prompted EPA to provide at the time EPA promulgated the RVP established by paragraph (4) will increase the 1-psi waiver for E10 in 1989 requirements.46 We further stated that emissions that contribute to air pollution in currently exists for E15. Namely, in ‘‘this is consistent with Congressional any area in the State, the Administrator shall, much of the U.S., there is very little by regulation, apply, in lieu of the RVP intent [because] the nature of the limitation established by paragraph (4), the low-RVP CBOB being produced and blending process . . . further RVP limitation established by paragraph (1) made available into which 15 percent complicates a requirement that the to all fuel blends containing gasoline and 10 ethanol could be blended while still ethanol portion of the blend be exactly percent denatured anhydrous ethanol [sold] meeting the 9.0 psi RVP standard for 10 percent ethanol.’’ 47 For these in the area during the high ozone season. gasoline during the high ozone season.56 reasons, the 1-psi waiver reflected EPA also read this provision as As a result, parties that might otherwise Congressional recognition of the consistent with the statutory scheme of consider making and distributing E15 existing CAA sec. 211(f)(4) waiver for CAA sec. 211(h) to apply to blends of may choose not to, given the difficulty E10; Congress intended that the 1-psi gasoline and 9–10 percent ethanol in obtaining CBOB that when blended to waiver from the 9.0 psi RVP produced by downstream oxygenate produce E15 would meet the 9.0 psi requirement in CAA sec. 211(h)(1) blenders. At the time CAA sec. 211(h)(4) RVP during the summer. If we extend would allow for E10’s continued lawful and 211(h)(5) were enacted, the the 1-psi waiver, 15 percent ethanol 48 introduction into commerce. language ‘‘the ethanol portion of the could be blended using the same CBOBs In issuing implementing regulations blend does not exceed its waiver currently being distributed for use with 57 at 40 CFR 80.28(g)(8) related to the condition under subsection (f)(4)’’ could 10 percent ethanol, year-round. ‘‘deemed to comply’’ provision in CAA only refer to an ethanol portion of up to Today’s proposal, therefore, is a sec. 211(h)(4), EPA allowed parties to 10 percent, because only blends of response to changed circumstances demonstrate a defense against liability gasoline and up to 10 percent ethanol since the Agency’s promulgation of RVP by making the showings provided in had received a waiver under CAA sec. regulations in 1990, which pre-dates CAA sec. 211(h)(4), stating that ‘‘EPA 211(f)(4). EPAct in 2005 and EISA in 2007. believes this defense is limited to Further, because blending 15 volume ethanol blends which meet the B. Proposed Interpretation of CAA Sec. percent ethanol into gasoline would minimum 9 percent requirement in the 211(h)(4) result in an approximate 1.0 psi RVP regulations and the maximum 10 In this action, we are proposing to increase, similar to E10, the resultant percent requirement in the waivers interpret CAA sec. 211(h)(4) recognizing RVP for any gasoline-ethanol blended under section 211(f)(4).’’ 49 In doing so, the changed gasoline marketplace since fuel would be no higher than the RVP EPA explicitly specified its applicability the Agency last issued implementing standard plus the 1-psi waiver, which is to E10. (‘‘The ethanol portion of the RVP regulations in 1990, in a manner currently 10.0 psi for a gasoline-ethanol blend does not exceed 10 percent (by that is consistent with the text of the blended fuel containing 10 percent 58 volume)’’ as compared to CAA sec. provision, its context within CAA sec. ethanol. This proposed interpretation 211(h)(4), which merely references the 211(h), and Congressional intent. The is consistent with the plain language of CAA sec. 211(f)(4) waiver. (‘‘[T]he presence of E15 in the marketplace has CAA sec. 211(h) and with Congress’ ethanol portion of the blend does not increased since EPA interpreted CAA intent to promote ethanol blending into exceed its waiver condition under sec. 211(h)(4) in the MMR from zero subsection (f)(4) of this section’’)). We 54 ‘‘Energy Independence and Security Act,’’ P.L. retail stations to over 1,300 retail 110–140 (2007). also stated that the deemed to comply 52 stations. In addition to granting partial 55 See,e.g., Prime the Pump: Driving Ethanol provision was a ‘‘new defense against waivers for E15, we have also Gallons, available at: https://growthenergy.org/wp- liability for violation of the ethanol promulgated the Tier 3 Motor Vehicle content/uploads/2019/01/MDEV-19022-PTP- blend RVP requirement [and that] EPA Emissions and Fuel Standards Rule, Overview-2019-01-25.pdf. believes that this statutorily mandated 56 Some parties have access to low RVP which changed the ethanol content of blendstocks created for low-RVP areas, however defense is in addition to and does not the vehicle certification test fuel from these blendstocks are not widely distributed in all supersede any of the defenses currently ‘‘indolene’’ (gasoline without any added areas. For a list of state low-RVP areas, see EPA’s contained in the regulations.’’ 50 We ethanol at 9.0 psi RVP), to E10 at 9.0 psi ‘‘State Fuels’’ website available at: https:// further explained that the provision www.epa.gov/gasoline-standards/state-fuels. RVP for the certification of all Tier 3 57 In reformulated gasoline areas (approximately would allow ‘‘a party to demonstrate the light-duty and chassis-certified heavy- one-third of gasoline nationwide) and certain other elements of the new defense by duty gasoline vehicles.53 This change areas that do not provide a 1-psi waiver for E10, E15 can already be blended using the same blendstocks used for E10. 46 Id. 51 Id. 58 As discussed further in Section II.B.3.b, this is 47 Id. 52 See ‘‘Availability of E15 Keeps Growing,’’ true for E15 made from blends of certified gasoline 48 Id. available at: https://growthenergy.org/2018/02/28/ or BOB and ethanol. This volatility relationship is 49 Id. and 40 CFR 80.28(g). availability-e15-keeps-growing. not maintained when other products (e.g., natural 50 56 FR 64708. 53 See 79 FR 23414 (April 28, 2014). gas liquids) are blended to make E15.

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gasoline, and is not expected to cause partial waivers for E15 in 2010 and more specifically, in CAA sec. 211(h)(1) significant increases in emissions as 2011. Congress instructed EPA to promulgate compared to E10 as discussed in Section The term ‘‘containing’’ as used in regulations prohibiting the introduction II.E. CAA sec. 211(h)(4) in the phrase ‘‘fuel into commerce of ‘‘gasoline with a Reid blends containing gasoline and 10 Vapor Pressure in excess of 9.0 pounds 1. Proposed Interpretation percent denatured anhydrous ethanol’’ per square inch.’’ Therefore, when In the MMR, we interpreted CAA sec. is ambiguous. We interpret this Congress intended to impose an upper 211(h)(4) as providing a 1-psi waiver for language as establishing a lower limit, limit on the content of a particular fuel blends of gasoline and at least 9 or floor, on the minimum ethanol compound or property of gasoline, it did volume percent ethanol and not more content for a 1-psi waiver from the so. In contrast, in CAA sec. 211(h)(4), than 10 volume percent ethanol. As volatility requirements expressed in Congress provided a higher RVP limit previously explained, this interpretation CAA sec. 211(h)(1), rather than an upper for ‘‘fuel blends containing gasoline and was premised on a reading of limit on the ethanol content. We can ten percent ethanol.’’ This provision regulations and statutory provisions that look to the use of the term ‘‘containing’’ lacks terms modifying the term reflected the highest available ethanol in its ordinary sense. ‘‘Containing’’ is ‘‘containing,’’ in contrast to the other content in the gasoline marketplace at defined as ‘‘to have within: hold.’’ 63 statutory provisions referenced above, the time of the 1990 amendments. Due Under this interpretation, the statute supporting our finding that this term is to changes in the gasoline marketplace, sets the minimum ethanol content, such ambiguous. It is therefore permissible, including the increased presence of that all fuels which contain at least 10 where Congress has used only the gasoline ethanol blends of up to 15 percent ethanol may receive the 1-psi ambiguous term ‘‘containing’’ in CAA percent ethanol, we propose to construe waiver, including blends that contain sec. 211(h)(4), to interpret ‘‘containing’’ CAA sec. 211(h)(4) as specifying the more than 10 percent ethanol.64 to mean ‘‘containing at least.’’ minimum ethanol content that fuel Therefore, E15, which has within it 10 Implementing regulations under both blends containing ethanol and gasoline percent denatured anhydrous ethanol, CAA sec. 211(c) prior to the enactment must contain in order to qualify for the meets this definition, and should of CAA sec. 211(h) and under CAA sec. 1-psi waiver. We are proposing a new receive the 1-psi waiver specified in 211(h) have reflected the highest interpretation of this statutory provision CAA sec. 211(h)(4).65 permissible ethanol content at the time under which the 1-psi waiver would We also acknowledge that Congress EPA’s RVP regulations were issued, apply to gasoline containing at least 10 can legislate and thus could have used which was 10 percent ethanol under a percent ethanol. In conjunction with terms that connote a minimum ethanol CAA sec. 211(f)(4) waiver. We stated CAA sec. 211(f), this would then allow content, such as the language employed that the 1-psi waiver is ‘‘for blends of the 1-psi waiver for any ethanol blend in CAA sec. 211(m)(2) (‘‘not less than gasoline with about 10 percent ethanol, 66 that has received a CAA sec. 211(f)(4) 2.7 percent’’). But Congress also used or gasohol’’ 68 and in regulations, waiver, which at present are blends up terms connoting a maximum ethanol codified the conditions, providing that to 15 percent ethanol, based on EPA’s content, such as in CAA sec. 211(k)(3) 67 ‘‘[t]he maximum ethanol content . . . in prior issuance of partial waivers under (‘‘shall not exceed 1.0 percent’’). Even gasoline shall not exceed any applicable CAA sec. 211(f)(4) for E15. waiver conditions under CAA sec. 63 Webster’s Third New International Dictionary 69 It is well settled that EPA has inherent 491 (unabridged ed. 1981). 211(f)(4) waiver.’’ Additionally, EPA authority to reconsider, revise, or repeal 64 We are not changing our definition of the term statements on the imprecise nature of past decisions to the extent permitted by 10 percent, which includes as little as 9 percent, to ethanol-gasoline blending also support law so long as we provide a reasoned continue to provide the necessary blending the view that neither Congress nor EPA flexibility for E10 blends. In promulgating explanation. This authority exists in regulations implementing CAA sec. 211(h)(4), we intended to limit ethanol content for the part because EPA’s interpretations of the stated that requiring exactly 10 percent ethanol 1-psi waiver. ‘‘The nature of the statutes we administer ‘‘are not carved ‘‘would place a next to impossible burden on blending process . . . complicates a in stone.’’ 59 An agency ‘‘must consider ethanol blenders,’’ and that ‘‘[t]he nature of the requirement that the ethanol portion of blending process itself . . . further complicates a varying interpretations and the wisdom requirement that the ethanol portion of the blend the blend be exactly 10 percent 60 70 of its policy on a continuing basis.’’ be exactly 10 percent ethanol.’’ See 56 FR 24245 ethanol.’’ This is true when, as is the case here, (May 29, 1991). We further note that in the legislative review is undertaken ‘‘in response to 65 CAA sec. 211(h)(5) also contains the language history, Congress employed the term ‘‘at changed factual circumstances or a ‘‘fuel blends containing gasoline and ten percent least’’ 10 percent ethanol when 61 denatured anhydrous ethanol.’’ Our changed change in administration.’’ EPA must interpretation of CAA sec. 211(h)(4) also has discussing the 1-psi waiver, which also be cognizant where we are implications for CAA sec. 211(h)(5), which allows suggests this provision is a floor for changing a prior position that the states to opt out of the 1-psi wavier provided by ethanol content in gasoline. For revised position is permissible under CAA sec. 211(h)(4) for particular areas upon a example, section 216 of the House bill showing that the 1-psi waiver will increase the statute and must articulate a emissions that contribute to air pollution. Because provided in part that ‘‘[a] manufacturer reasoned basis for the change.62 This the language in CAA sec. 211(h)(5) pertaining to the or processor of gasoline containing at proposal reflects changed circumstances 1-psi waiver is identical to the language in CAA sec. least 10 percent ethanol shall be deemed that have arisen since we issued the 211(h)(4), and both refer to the 1-psi waiver, we in full compliance.’’ 71 believe that both sections should be read together to apply the 1-psi waiver to E10 and E15. 59 Chevron U.S.A. Inc. v. NRDC, Inc., 467 U.S. Accordingly, we interpret CAA sec. 211(h)(5) to shall not exceed 1.0 per cent by volume;’’ ‘‘The 837, 863 (1984). allow states to opt out of the 1-psi waiver provided aromatics hydrocarbon content of the reformulated 60 Id. at 863–64. by CAA sec. 211(h)(4) for fuel blends containing gasoline shall not exceed 25 percent by volume.’’) 61 Nat’l Cable & Telecomms. Ass’n v. Brand X gasoline and 9–15 percent denatured anhydrous 68 55 FR 23660 (June 11, 1990). internet Servs., 545 U.S. 967, 981 (2005). See also ethanol. 69 55 FR 23660 (June 11, 1990) and 40 CFR Nat’l Ass’n of Home Builders v. EPA, 682 F.3d 66 See, e.g., CAA sec. 211(m)(2) (‘‘gasoline is to be 80.27(d)(2) (1987). 1032, 1043 (change in administration is a ‘‘perfectly blended to contain not less than 2.7 percent oxygen 70 56 FR 24245 (May 29, 1991). reasonable basis’’ for an agency’s reappraisal of its by weight’’ during the wintertime carbon monoxide 71 Clean Air Act Amendments, H.R. 3030 (101st regulations and programs). season). Congress, 1990). See also H.R. Rep. No. 101–490, at 62 FCC v. Fox Television Stations, Inc., 556 U.S. 67 See, e.g., CAA sec. 211(k)(3)(A)(1) and (ii) 71 (1990) (Conf. Rep.); reprinted at 2 Leg. Hist. at 502, 515. (‘‘The benzene content of reformulated gasoline 3095 (1993).

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The Senate Report published along benefit of simplifying compliance defenses codified at 40 CFR 80.28(g)(1) with the enactment of the 1990 CAA demonstrations due to the inconsistency through (7). It is not and has never been Amendments and CAA sec. 211(h)(4) between the production of gasoline the sole enforcement mechanism for the also describes both the purpose of batches, measured in millions of 1-psi waiver. These other equally including CAA sec. 211(h)(4), and gallons, to ethanol blending at the effective provisions would be applicable general language about ethanol use in terminal in batches on the order of to gasoline-ethanol blended fuels the fuel supply. The report states that thousands of gallons. The ‘‘deemed to containing 15 percent ethanol and our the 1-psi waiver was: comply’’ provision further supports the extending the 1-psi waiver to such included in recognition that gasoline and interpretation that the 1-psi waiver blends should have no effect on the ethanol are mixed after the refining process under CAA sec. 211(h)(4) can apply to enforcement of RVP standards. has been completed. It was recognized that gasoline with ethanol content greater Regulated parties could also continue to to require ethanol to meet a 9 pound RVP than 10 percent. The ‘‘deemed to avail themselves of this provision, if would require the creation of a production comply’’ provision lays out the necessary. Moreover, considerations and distribution network for sub-nine pound compliance mechanisms for regulated that animated this provision, are now RVP gasoline. The cost of producing and largely attenuated considering changes distributing this type of fuel would be parties, but also contemplates ethanol prohibitive to the petroleum industry and blends beyond E10, the only gasoline- in the refinery process. Today, ethanol would likely result in the termination of the ethanol blended fuel with a CAA sec. blending is done almost completely availability of ethanol in the marketplace. 211(f)(4) waiver at the time of through in-line blending ethanol into Under this provision, the RVP limitations enactment, because EPA’s waiver CBOB specially made for blending with promulgated pursuant to this subsection for authority under that provision is not ethanol as compared to the nascent days such ethanol/gasoline blends shall be one limited to gasoline containing any where it was splash blended after pound per square inch greater than the particular range of volume percent completion of the refining process. applicable Reid vapor pressure which apply Our primary consideration has been to gasoline. Senate Report 101–228, at 3495. ethanol. CAA sec. 211(h)(4)(B) provides that the ‘‘deemed to comply provision’’ to balance the goals of limiting gasoline Finally, the Senate report states that will apply upon a demonstration that, volatility and ensure that the addition of the 1-psi waiver would ‘‘allow ethanol among other things, ‘‘the ethanol ethanol does not cause the exceedance blending to continue to be a viable portion of the blend does not exceed its of the maximum RVP standard, while alternative fuel, with its beneficial waiver condition under subsection also promoting the use of ethanol environmental, economic, agricultural, (f)(4).’’ We read this phrase to apply to consistent with the purpose of CAA sec. energy security and foreign policy 211(h)(4). As previously explained, 72 only the waiver condition specifying the implications.’’ While this legislative ethanol content of the fuel. Pursuant to blending gasoline with at least 10 history does not speak to the meaning the E15 waivers issued in 2010 and percent ethanol results in an of the word ‘‘containing,’’ it does 2011, a fuel that includes 15 percent approximate 1.0 psi RVP increase. It articulate congressional intent in ethanol contains an ethanol portion that does not result in ‘‘different volatility enacting the provision, recognizing the does not exceed the 211(f)(4) waiver levels than already recognized by EPA role for ethanol in the marketplace. This condition. As previously shown, if as adding less than 1.0 psi RVP to report and other relevant legislative 73 Congress had wanted to limit the gasoline.’’ Similarly, we also expect history do not explicitly address application of the (h)(4) waiver to E10, that E15 produced from the same BOB whether CAA sec. 211(h)(4) is intended it could have done so, but it did not. as E10 would have a similar (if not to apply to blends with greater than 10 slightly lower) RVP than E10 and thus, Instead, Congress contemplated that percent ethanol, but all the reasons it would not exceed the current 10.0 psi ethanol content may increase in the gives for extending the 1-psi waiver to RVP limit.74 Therefore, we are fairly future, that parties would likely apply gasoline ethanol blends up to 10 percent confident that relative evaporative for an 211(f)(4) waiver for those higher ethanol now would similarly weigh in emissions effects for E15 would largely blends, that the 211(h)(4) waiver would favor of interpreting the 1-psi waiver to be similar or slightly less than those for apply to these fuels, and that the apply to E15, given that Congressional E10, as discussed in Section II.E. action in CAA sec. 211(h) was largely a 211(h)(4) ‘‘deemed to comply’’ In sum, the primary consideration ratification of agency regulations for provision would also apply. underlying the 1-psi waiver is to limit RVP that were initiated beginning in Therefore, CAA sec. 211(h)(4) can be gasoline volatility while promoting the 1987, under CAA sec. 211(c). read as specifying the minimum ethanol use of ethanol due to its importance to Congress designed the 1-psi waiver content for ethanol-gasoline blends for energy security and the agricultural ‘‘deemed to comply’’ language of CAA purposes of the 1-psi waiver while the sector. Today’s proposed interpretation, sec. 211(h)(4) to adjust to gasoline- deemed to comply provision can be if finalized, will continue to further ethanol blends with more than 10 construed as a defense against liability these policy concerns given that agency volume percent ethanol if allowed for any ethanol blend that has received action will now afford similar treatment under separate provisions of the CAA a CAA sec. 211(f)(4) waiver, which at to all ethanol-gasoline blends. (i.e., in the case where EPA grants a present includes E15. As previously 2. Regulatory Amendments CAA sec. 211(f)(4) waiver that allows for explained, the ‘‘deemed to comply’’ greater than 10 volume percent ethanol provision that was enacted at the This proposal includes technical in gasoline). In other words, the blended inception of the RVP program to address amendments that would effectuate our fuel is ‘‘deemed to comply’’ not because industry practices at the time, reflects it is E10, but because it is a gasoline- the highest permissible ethanol content 73 Clean Air Act Amendments: Hearings on H.R. at that time because of the waiver under 2521, H.R. 3054 and H.R. 3196 Before the ethanol blended fuel that has received a Subcommittee on Health and the House Committee CAA sec. 211(f)(4) waiver. The Senate CAA sec. 211(f)(4). CAA sec. on Environment and Committee On Energy and Report described the ‘‘deemed to 211(h)(4)(B) (‘‘the ethanol portion of the Commerce, 100th Cong. 1st Sess. (1987) (statement comply’’ provision as an ‘‘alternative blend does not exceed its waiver of Eric Vaughn, President and CEO of renewable condition under subsection (f)(4) of this Fuels Association). enforcement arrangement’’ that had the 74 ‘‘Determination of the Potential Property section.’’) It is a statutorily mandated Ranges of Mid-Level Ethanol Blends.’’ American 72 See S. Rep. No. 101–228 at 110 (1989). defense that is in addition to other Petroleum Institute, Washington, DC. April 2010.

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proposed interpretation to allow the 1- Finally, we are proposing to remove vehicles, highway and off-highway psi waiver for E15 during the summer the PTD requirements related to the 1- motorcycles, and all nonroad products. under CAA sec. 211(h)(4). First, we are psi waiver at 40 CFR 80.1503. In 40 CFR This action also does not propose to proposing to modify or remove volatility part 80, subpart N, we included PTD modify the misfueling mitigation controls associated with our prior language designed to help ensure that measures promulgated in the MMR, but, interpretation of CAA sec. 211(h)(4). E15 that did not receive the 1-psi waiver as discussed in Section II.D.3, we seek These controls, found in 40 CFR 80.27, would be segregated from E10 that did comment on the need for additional E15 place limitations on the RVP of receive the 1-psi waiver. Since we are misfueling measures. proposing to allow the 1-psi waiver for gasoline-ethanol blends at specific 3. Effects on Regulated Parties concentrations. Given that the primary E15, we no longer need these PTD effect of our proposed interpretation of requirements. However, parties that This section discusses distinctions CAA sec. 211(h)(4) would expand the produce and distribute gasoline-ethanol between the obligations that apply to ‘‘special treatment for gasoline-ethanol blended fuels would still be required to certain parties in the fuel production, blends’’ to fuel blends containing 9–15 identify ethanol concentrations on PTDs blending, and retail chain, and how this percent ethanol, we are proposing to as specified in 40 CFR 80.27 and 40 CFR proposed action would affect (or would modify the controls extending the 1-psi 80.1503. not affect) those parties. Specifically, we waiver from gasoline containing 9–10 All other E15 misfueling mitigation discuss how the proposed CAA sec. percent ethanol to gasoline containing provisions in 40 CFR part 80, subpart N, 211(h)(4) interpretation under which the 9–15 percent ethanol at 40 CFR 80.27 would remain unchanged. In the MMR, 1-psi waiver would extend to E15 would and related defense provisions in 40 we promulgated regulations under CAA affect fuel manufacturers (e.g., refiners CFR 80.28. sec. 211(c)(1), which prohibit the use of and importers of gasoline), downstream E15 in MY2000 and older motor oxygenate blenders, and retailers that Second, we are proposing to remove vehicles, nonroad vehicles, engines, and make E15 at a blender pump. or modify provisions in the MMR that equipment (including motorcycles, and were imposed to effectuate the prior 1- a. E15 Made by Refiners, Importers, and heavy-duty motor vehicles). CAA sec. psi waiver interpretation under CAA Downstream Oxygenate Blenders 211(c)(1) gives EPA authority to sec. 211(h)(4). Subsequent to the grant ‘‘control or prohibit the manufacture, In this action, we are maintaining all of the CAA sec. 211(f)(4) partial waivers introduction into commerce, offering for of the CAA sec. 211(f)(4) waiver for E15, we adopted regulations under sale, or sale’’ of any fuel or fuel additive conditions for E15 as they currently CAA sec. 211(c) to ensure that E15 (A) whose emission products, in the apply to fuel and fuel additive would not be used in certain vehicles judgment of the Administrator, cause or manufacturers.76 CAA sec. 211(f)(1) and engines for which the waivers did contribute to air pollution ‘‘which may operates as a prohibition against the not apply. To do so, in addition to the be reasonably anticipated to endanger introduction into commerce of fuels and conditions on the waivers that applied public health or welfare’’ or (B) whose fuel additives by manufacturers of fuels to fuel manufacturers, we promulgated emission products ‘‘will impair to a and fuel additives, and CAA sec. regulations to ensure that those same significant degree the performance of 211(f)(4) provides a mechanism to waive conditions were enforceable on any emission control device or system that prohibition if certain criteria are downstream parties. No changes were which is in general use, or which the met. Therefore, fuel and fuel additive made to the RVP regulations at 40 CFR Administrator finds has been developed manufacturers are subject to any 80.27 as a direct result of our to a point where in a reasonable time it conditions that apply to a CAA sec. interpretation under CAA sec. 211(h)(4) would be in general use’’ were the fuel 211(f)(4) waiver. Under this approach, that the 1-psi waiver did not extend to control or prohibition adopted. We fuel and fuel additive manufacturers gasoline-ethanol blends with an ethanol promulgated the MMR based on our would still need to produce E15 that concentration greater than 10 percent. assessment that E15 would significantly meets the 9.0 psi RVP requirement of Additional regulations were put in place impair the emission control systems the waiver condition, while downstream including regulations currently found in used in MY2000 and older light-duty parties are not similarly bound. EPA’s 40 CFR 80.1504(f) and (g) (placing motor vehicles, heavy-duty gasoline fuel and fuel additive registrations prohibitions on the commingling of E10 engines and vehicles, highway and off- (FFARs) regulations at 40 CFR 79.2(d) and E15), and 40 CFR 80.1503 (placing highway motorcycles, and all nonroad define which parties are fuel PTD requirements on E15). These products. This led to our conclusion manufacturers and makes clear that regulations were put in place in order to that under CAA sec. 211(c)(1)(A), E15 parties that only blend oxygenates at ensure that the RVP of E15 did not use in these particular vehicles, engines, allowable levels under CAA sec. 211(f) exceed 9.0 psi in accordance with our and non-road products would likely are excluded from the definition of fuel interpretation of CAA sec. 211(h)(4) at result in increased VOC, carbon manufacturers. We are, however, neither the time. However, since our proposed monoxide (CO), and nitrogen oxide reopening 40 CFR 79.2(d), nor soliciting 75 interpretation of CAA sec. 211(h)(4) (NOX) emissions. The proposed comments on this provision. We will increases the RVP allowance to 10.0 psi, regulatory changes to 40 CFR part 80, therefore treat any comments we receive these provisions are no longer subparts B and N in this proposed on this topic as beyond the scope of this necessary. Additionally, because the rulemaking are solely related to our rulemaking. RVP of E15 will be approximately the proposed interpretation to allow the 1- We are not changing our same as E10 if produced from the same psi waiver for E15 under CAA sec. interpretation of the way the CAA blendstock, we do not anticipate 211(h)(4). This proposed action would controls fuels and the way our emissions impacts from this equal not change the basis of our CAA sec. regulations regulate fuels in any way treatment. Given that we are proposing 211(c)(1)(A) and (B) finding in the MMR other than providing the 1-psi waiver to to interpret CAA sec. 211(h)(4) to extend that prohibits E15 from use in MY2000 to gasoline-ethanol blends of up to 15 and older light-duty motor vehicles, 76 We note, however, that under the new substantially similar interpretive rulemaking percent ethanol, the prohibition on the heavy-duty gasoline engines and proposed in Section II.C, such that it includes E15, commingling of E15 and E10 is no such waiver conditions would no longer apply to longer necessary. 75 76 FR 44422 (July 25, 2011). fuel and fuel additive manufacturers.

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gasoline containing greater than 10 blending, so the 1-psi waiver is not at regulations at 40 CFR 79.2. This volume percent ethanol as a issue. definition explicitly excludes parties consequence of interpreting the 1-psi The 1-psi waiver for E15 would ‘‘(other than a fuel refiner or importer) RVP waiver to apply to E15. The 1-psi function the same way, although if a who add[] an oxygenate compound to waiver applies to all parties that blend refiner or importer were to choose to fuel in any otherwise allowable and distribute gasoline-ethanol blends blend E15, including but not limited to amount.’’ These excluded parties may containing at least 10 percent ethanol blending at a co-located terminal or at also be considered ‘‘oxygenate unless specifically restricted under a terminal downstream of a refinery blenders’’ under our regulations in 40 another portion of the CAA, in this case operated by the refiner or importer, they CFR part 80.82 An ‘‘oxygenate blender’’ CAA sec. 211(f) through the 9.0 psi RVP would not be able to use the 1-psi is defined as ‘‘any person who owns, limit on E15 from May 1 through waiver because the exclusion from the leases, operates, controls, or supervises September 15 as a condition of its CAA definition of a ‘‘fuel manufacturer’’ only an oxygenate blending facility, or who sec. 211(f)(4) partial waivers. The 1-psi includes a party ‘‘(other than a fuel owns or controls the blendstock or refiner or importer).’’ 79 This means that RVP waiver under CAA sec. 211(h)(4) is gasoline used or the gasoline produced refiners and importers who blend E15 83 thus available to downstream oxygenate at an oxygenate blending facility.’’ An would still need to comply with the blenders who produce E15 and to ‘‘oxygenate blending facility’’ is defined waiver conditions under CAA sec. downstream parties who distribute and as ‘‘any facility (including a truck) at 211(f)(4). which oxygenate is added to gasoline or sell E15, but the 1-psi waiver is not This interpretation of CAA sec. blendstock, and at which the quality or available to fuel or fuel additive 211(f)(4) is consistent with our past quantity of gasoline is not altered in any manufacturers since fuel and fuel treatment of CAA sec. 211(f)(1) and other manner except for the addition of additive manufacturers must comply (f)(4)’s applicability to only fuel and fuel deposit control additives.’’ 84 with the high ozone season 9.0 psi RVP additive manufacturers, and is further While our proposed interpretation of E15 waiver condition. supported by our actions in the MMR, CAA sec. 211(h)(4) would allow for This is in accordance with how the which imposed regulatory requirements gasoline-ethanol blends that contain at fuel marketplace currently functions that are similar to the E15 CAA sec. least 10 volume percent ethanol to with regard to E10. Refiners and 211(f)(4) waiver conditions on receive the 1-psi waiver, CAA sec. 211(f) importers currently produce or import downstream parties, to whom the and our 40 CFR parts 79 and 80 fuels gasoline (or conventional blendstock for waiver conditions do not reach.80 The regulations continue to limit the amount oxygenate blending (CBOB)), which can MMR was enacted ‘‘to mitigate of ethanol allowed to be blended into then be blended with ethanol misfueling with E15 that lawfully has gasoline, and also the gasoline ethanol downstream. It is not until that ethanol been introduced into commerce under blends that can receive the 1-psi waiver. is blended into the gasoline or CBOB the terms of the waiver[s]. The waiver The definition of ‘‘fuel manufacturer’’ that parties are able to receive the conditions, and implementation of the also places a limitation on the ethanol benefits of the 1-psi waiver (i.e., an RVP waiver conditions, address a closely content of the fuel. Only parties who volatility limit of 10.0 psi). Therefore, a related but different issue—when, how ‘‘add[] an oxygenate compound to fuel refiner’s or importer’s gasoline or CBOB and by whom E15 can be introduced in any otherwise allowable amount’’ are must always meet a 9.0 psi RVP into commerce under the partial waiver excluded from the definition of fuel limitation prior to the addition of decisions. This rule only addresses the manufacturer.85 This provision only ethanol.77 However, because the CAA issue of mitigating misfueling in the allows the addition of oxygenate sec. 211(f)(4) waiver for E10 was granted event E15 is lawfully introduced into compounds up to the amount of any by operation of law, and thus did not commerce under the partial waivers, CAA sec. 211(f)(4) waiver, or any contain a waiver condition limiting the and is issued under EPA’s authority allowable oxygen content under our 81 RVP to 10.0 psi, in contrast to E15, under section 211(c).’’ interpretation of the meaning of refiners and importers can take As discussed above, CAA sec. 211(f) ‘‘substantially similar.’’ A party who advantage of the 1-psi waiver for E10. It imposes limitations on fuel and fuel unlawfully adds an oxygenate should be noted, however, that if additive manufacturers. All fuel and compound in a volume that exceeds the another part of the CAA or EPA fuel additive manufacturers must meet oxygen content limit in the the statutory requirements of CAA sec. regulation precludes the 1-psi waiver, interpretative definition of 211(f)(1) or the waiver conditions for example, reformulated gasoline ‘‘substantially similar’’ or the CAA sec. imposed under a CAA sec. 211(f)(4) (RFG) required under CAA sec. 211(k) 211(f)(4) waiver condition, or who adds waiver. As previously explained fuel or a low-RVP fuel program established anything other than an oxygenate manufacturers are defined in our in a state implementation plan, parties compound allowed by the substantially cannot take advantage of the 1-psi similar interpretative rule, is a fuel 79 If a separate party operated a terminal co- 78 manufacturer, and does not receive the waiver for E10 or E15. In such located with a refinery and the party was excluded circumstances, however, the same from the definition of fuel manufacturers under 40 1-psi waiver for fuels containing at least CBOBs already supplied for E10 CFR 79.2(d)(2), the party that operated the co- 10 percent ethanol. located terminal would be not be subject to the E15 The result is that any party who is not blending can already be used for E15 waiver conditions. As previously noted, we are a refiner or importer that produces E15 neither reopening this provision for comments nor from only certified gasoline (including 77 In fact, as discussed above, downstream parties soliciting comments on it and any comments on it can only be deemed in compliance under CAA sec. we receive will be treated as beyond the scope of CBOB) and denatured fuel ethanol 211(h)(4)(A) if the gasoline or CBOB met the this rulemaking. would be entitled to the 1-psi waiver applicable RVP standard prior to the addition of the 80 See 76 FR 44421 (July 25, 2011) (enacting E15 just as is the case currently when such ethanol. MMR provisions ‘‘to ensure that E15 being sold at parties produce E10. This could occur at 78 During the pre-proposal development process, retail stations was in compliance with the RVP we received a document related to whether condition of the E15 waiver and that an E10 fuel 82 allowing E15 the 1-psi waiver would result in states that used the 1.0 psi RVP waiver under CAA sec. 40 CFR 80.2. being preempted under CAA sec. 211(c)(4). Please 211(h) was not commingled with E15, which must 83 Id. see ‘‘RVP Preemption Memorandum’’ in the docket have a lower RVP in the summertime’’). 84 Id. at EPA–HQ–OAR–2018–0775 for this document. 81 See 76 FR 44440 (July 25, 2011). 85 40 CFR 79.2(d).

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a downstream terminal where ethanol is 80 regulations because they blend made.89 The proposed REGS rule also added along with gasoline to a tank uncertified gasoline blendstocks into proposed to remove the FFARS truck for delivery to a retail station. This gasoline.87 Under our regulations in 40 requirements under 40 CFR part 79 for could also occur at retail stations that CFR part 80 (covering implementation blender pump operators that make blend E15 onsite using blender pumps of our fuels control programs), any party gasoline via a blender pump. Since that utilize either gasoline and that blends uncertified blendstocks into those proposed provisions have not denatured fuel ethanol as blendstocks gasoline is a gasoline refiner and must been finalized, the only way for a onsite, or that use gasoline (either E0 or meet all requirements applicable to blender pump operator to lawfully make E10) and E85 86 as blendstocks onsite so gasoline refiners under 40 CFR part 80. E15 at a blender pump is to make E15 long as that E85 had itself been These requirements include, but are not with certified gasoline and E85 made produced solely from denatured fuel limited to, sampling and testing each from ethanol and certified gasoline (or ethanol and certified gasoline (or batch of gasoline for conformance to CBOB) or to comply with all CBOB). EPA’s fuel standards, demonstrating requirement applicable to refiners and compliance with annual average sulfur fuel manufacturers. b. E15 Made at Blender Pumps and benzene standards, registering as a Finally, and perhaps most For the reasons described in this gasoline refiner under 40 CFR part 80, importantly, even if we finalize the section, a retail station that blends E15 submitting periodic and annual proposed REGS rule and allow blender using E85 that contains hydrocarbons compliance reports, and arranging for an pumps to make gasoline at blender not certified as gasoline or blendstock annual audit by an independent auditor. pumps and exempt blender pump for oxygenate blending (BOB) (e.g., the These requirements were put in place to operators from complying with the natural gas liquids that are often used at help ensure that parties downstream of requirements for gasoline refiners and ethanol plants to denature ethanol and gasoline refineries did not adversely fuel manufacturers, based on make E85) would not be entitled to the affect fuel quality in ways that damaged information received during the 1-psi waiver. vehicle and engine emission controls First, parties that produce E15 via a and helped ensure that the air quality comment period of the proposed REGS blender pump using E85 made with benefits of our fuel quality regulations rule, it is likely that E15 made at ethanol and natural gas liquids (i.e., an are met. blender pumps with E85 produced from uncertified gasoline blendstock) are fuel Third, under our FFARS regulations natural gas liquids would often violate manufacturers under our existing 40 in 40 CFR part 79, parties that blend the applicable RVP standards even with CFR part 79 regulations (covering uncertified blendstocks into gasoline are the 1-psi waiver. Natural gas liquids registration of fuels and additives), and fuel manufacturers and must register often have RVP levels well above 10.0 as such are subject to the 9.0 psi RVP their fuels and fuel additives as required psi. Adding such potentially highly condition under the existing E15 CAA under the CAA. In the case where a volatile components to E15 (via E85) in sec. 211(f)(4) waivers. Any party that blender pump produces E15 by significant concentrations would result blends an uncertified gasoline blending a certified gasoline (typically in a finished E15 with a volatility in blendstock into gasoline is a fuel E10) with E85 that contains uncertified excess of 10.0 psi RVP. Therefore, in manufacturer under our 40 CFR part 79 blendstocks (e.g., natural gas liquids), this proposal, only E15 produced using regulations because they are altering the the operator of the blender pump meets certified gasoline (or CBOB) and chemical composition of a fuel. the definitions of both a gasoline refiner denatured fuel ethanol would be eligible Regardless of our proposed under 40 CFR part 80 and a fuel for the 1-psi waiver. interpretation of CAA sec. 211(h)(4), manufacturer under 40 CFR part 79 and c. Summary and Conclusion then, any such parties that produce E15 must comply with associated are still subject to the 9.0 psi RVP requirements. Table II.B.4.c–1 summarizes how we standard. E15 made at blender pumps We proposed to address this situation believe the E15 partial waiver may only receive the proposed in the Renewables Enhancement and conditions imposed via CAA sec. extension of the 1-psi waiver in Growth Support (REGS) rule 88 by 211(f)(4) and the 1-psi waiver under instances where an oxygenate blender proposing provisions that would control CAA sec. 211(h)(4) would apply to fuel blends certified gasoline (or CBOB) with the sulfur, benzene, and volatility of E85 manufacturers, downstream oxygenate E85 made from ethanol and certified used to make E15 via a blender pump, blenders, and retailers that make E15 via gasoline (or CBOB). which would allow gasoline made via a blender pump as a result of our Second, such parties are also gasoline blender pumps to meet applicable EPA proposed interpretation to allow E15 to refiners under our existing 40 CFR part fuel quality standards and lawfully be receive the 1.0 psi waiver.

TABLE II.B.4.C–1—SUMMARY OF E15 1-psi WAIVER APPLICABILITY BY PARTY

Can take Subject to E15 Could lawfully advantage of the waiver make/sell E15 at 1-psi waiver? conditions? 10 psi in summer?

Fuel Manufacturers ...... Yes ...... Yes ...... No. Oxygenate Blenders ...... Yes ...... No ...... Yes.

86 For purposes of this preamble, E85 means a complies with our sampling and testing proposed limitations on the use of fuels that a gasoline-ethanol blended fuel that contains at least requirements at 40 CFR 80.65, 80.101, and 80.1640. blender pump operator could use to make 50 volume percent ethanol but no more than 83 88 See 81 FR 80841 (November 16, 2016). compliant gasoline. In general, under the proposed volume percent ethanol. We use the term E85 as the 89 REGS rule, blender pump operators would need to market has historically and commercially identified In the proposed REGS rule, to specifically use certified gasoline and certified E85 to assure such fuels as E85. address the issue of E10, E15, and other gasoline- compliance with EPA’s gasoline fuel quality 87 The regulations at 40 CFR part 80 allow for ethanol blended gasolines (i.e., gasoline containing parties to blend uncertified gasoline blendstock into between 16 and 50 volume percent ethanol or standards under 40 CFR part 80. See 81 FR 80847– previously certified gasoline as long as the party ‘‘E16–50’’) produced at a blender pump, we 80848 (November 16, 2016).

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TABLE II.B.4.C–1—SUMMARY OF E15 1-psi WAIVER APPLICABILITY BY PARTY—Continued

Can take Subject to E15 Could lawfully advantage of the waiver make/sell E15 at 1-psi waiver? conditions? 10 psi in summer?

Retailers that make E15 with E85 made with gasoline/BOB ...... Yes ...... No ...... Yes. Retailers that make E15 with E85 made with something other than gasoline/ Yes ...... Yes ...... No. BOB.

As mentioned above, under our Alternatively, we propse that E15 with for our proposed interpretative proposed interpretation, all parties can an RVP of 9.0 psi is sub sim to fuel used rulemaking. take advantage of the 1-psi waiver to certify Tier 3 light-duty vehicles. unless they are precluded from doing so Either of these new interpretations of 1. Statutory Framework by some other requirement. We believe sub sim would increase the allowable The Air Quality Act of 1967 and the that the E15 waiver condition limiting concentration of ethanol blended into CAA of 1970 established the basic the RVP of E15 to 9.0 psi during the gasoline to up to 15-volume-percent framework for EPA fuels regulation. summer would preclude fuel because we believe that E15 is sub sim CAA sec. 211(a) allows EPA to designate manufacturers (i.e., refiners and to Tier 3 E10 certification fuel. fuels and fuel additives for registration. E15 would have similar effects on importers) from being able to introduce CAA sec. 211(b) sets forth registration emissions (exhaust and evaporative), E15 into commerce under CAA sec. requirements for fuels and fuel additives 211(f), but would not preclude materials compatibility, and driveability for light-duty motor vehicles certified and authorizes EPA to require health downstream oxygenate blenders that and environmental effects testing for the were not otherwise fuel manufacturers using Tier 3 E10 certification fuel.91 This proposed interpretative rule registration of fuels and fuel additives. from blending E15. For retailers that CAA sec. 211(c) authorizes EPA to blend E15 using E85 made from would, if finalized, make it lawful for refiners and importers (e.g., fuel regulate or prohibit fuels or additives for denatured fuel ethanol (‘‘DFE’’) and use in motor (or nonroad) vehicles or certified gasoline (or CBOB) via a manufacturers as described in 40 CFR 79.2(d) discussed above) to make and engines if: (A) ‘‘any fuel or fuel additive blender pump, those parties are acting or any emission product of such fuel or analogous to downstream oxygenate introduce into commerce E15 at 10.0 psi fuel additive causes, or contributes, to blenders and could lawfully make E15. RVP without the use of the E15 partial air pollution . . . that may reasonably For all of the reasons described above, waivers since we would now interpret be anticipated to endanger the public for retailers using E85 made with E15 as sub sim to Tier 3 E10 health or welfare, or (B) if emission anything other than DFE and certified certification fuel. We are proposing two products of such fuel or fuel additive gasoline (or CBOB), those parties are alternative interpretations of the sub sim will impair to a significant degree the acting analogous to fuel manufacturers provision for E15. First, we are performance of any emission control and could not lawfully make E15. proposing that E15 at 10 psi RVP is device or system.’’ We seek comment on our proposed substantially similar to Tier 3 E10 interpretation of CAA sec. 211(h)(4) as certification fuel at 9 psi RVP. In the CAA Amendments of 1977, specifying a minimum ethanol content Alternatively, we are proposing that E15 Congress established CAA sec. 211(f)(1), for fuel blends containing gasoline and at 9 psi is substantially similar to Tier which prohibits manufacturers from ethanol as well as these implementing 3 E10 certification fuel at 9 psi RVP. In first introducing into commerce any fuel requirements. Under this construct, only conjunction with our interpretation of or fuel additive for general use in light- certain regulated parties that produce CAA sec. 211(h)(4) described above, this duty vehicles that is not ‘‘substantially and distribute E15 would be able to would allow all fuel manufacturers, not similar to any fuel or fuel additive avail themselves of the 1-psi waiver. only downstream oxygenate blenders, utilized in the certification of any model the ability to lawfully introduce into year 1975, or subsequent model year, C. Proposed Interpretation of commerce E15 at 10.0 psi RVP from vehicle.’’ If a fuel or fuel additive is not ‘‘Substantially Similar’’ for Gasoline May 1 through September 15. sub sim, a fuel or fuel additive This action proposes a new Prohibitions on the use of E15 in 2000 manufacturer may obtain a waiver interpretation of ‘‘substantially similar’’ and older MY light-duty vehicles that under CAA sec. 211(f)(4) if the which defines which fuels are currently apply as conditions of the manufacturer can demonstrate that the substantially similar to Tier 3 E10 CAA sec. 211(f)(4) waiver and as new fuel or fuel additive ‘‘will not cause certification fuel under CAA sec. regulations established under CAA sec. or contribute to a failure of any emission 211(f)(1), as an alternative to the 211(c), as well as the use of E15 in other control device or system (over the useful approach described above which would vehicles, engines, and equipment not life of the motor vehicle, motor vehicle apply the CAA sec. 211(f)(4) waiver and covered by the E15 partial waivers, engine, nonroad engine, or nonroad its associated conditions.90 Specifically, would remain in place, and parties that vehicle in which such device or system we are proposing that E15 with an RVP make and distribute E15 and ethanol for is used) to achieve compliance by the of 10.0 psi is sub sim to fuel used to use in producing E15 would still need vehicle or engine with the emission certify Tier 3 light-duty vehicles (i.e., to satisfy the MMR requirements under standards with respect to which it has E10 with an RVP of 9.0 psi). 40 CFR part 80, subpart N. This section been certified.’’ Together, these CAA outlines the background and rationale sec. 211(f) provisions were designed to 90 Tier 3 vehicles must be certified on fuels prevent fuels and fuel additives from described at 40 CFR 1065.710(b). For purposes of 91 Auto manufacturers certified some light-duty being introduced into commerce that this preamble, we refer to certification test fuel used motor vehicles using E10 certification fuel as early in certification testing for Tier 3 motor vehicles that as MY2017 and almost all auto manufacturers must would degrade the emission contains 10-volume-percent ethanol as ‘‘Tier 3 E10 certify their light-duty motor vehicles using E10 performance of the existing fleet and certification fuel’’. certification fuel by MY2020. protect vehicle manufacturers from their

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vehicles consequently failing emission the United States.’’ 95 Since MY2004, provides that we may by regulation standards in use. service accumulation fuel used for place controls or prohibitions on fuels As discussed above, in the CAA evaporative system aging must contain and fuel additives to protect public Amendments of 1990, Congress added the highest concentration of ethanol health or welfare or protect emission CAA sec. 211(h) to address the volatility available in the market. After EPA control devices or systems.97 In our past of gasoline, which largely codified partially granted the waivers for E15 in interpretations defining what physical EPA’s then-new RVP regulations. 2010 and 2011, we notified and chemical characteristics are Accordingly, entirely separate from manufacturers in early 2012 that new necessary to make a fuel or fuel additive CAA sec. 211(f), CAA sec. 211(h)(1) evaporative emission families must be ‘‘sub sim’’ to certification test fuel, we prohibits the sale of gasoline with an aged on E15 under 40 CFR 86.1824– have taken three primary factors into RVP in excess of 9.0 psi during the high 08(f)(1). We believe that auto account: (1) Emissions, (2) materials ozone season (while allowing EPA to manufacturers began evaporative system compatibility, and (3) drivability.98 promulgate more stringent RVP aging on E15 as early as MY2014. We initially specified that fuel with requirements for nonattainment areas), 3. History of Sub Sim Interpretations oxygen content up to 2.0 weight percent and CAA sec. 211(h)(4) provides a 1.0 is sub sim to certification test fuel.99 We psi RVP allowance for ‘‘fuel blends EPA has issued four interpretative later revised the definition to allow containing gasoline and 10 percent’’ rules that defined the meaning of oxygen content up to 2.7 weight percent ethanol. ‘‘substantially similar’’ for gasoline. for gasoline containing aliphatic ethers These interpretive rules describe the 2. Certification Fuels and/or alcohols (excluding methanol), types of unleaded gasoline that are finding, based on data and our Historically, two fuels are utilized in considered substantially similar to the experience with CAA sec. 211(f)(4) EPA’s emissions standards certification unleaded gasoline utilized in our waiver applications, that such levels of gasoline-powered vehicles and vehicle and engine certification would not result in emissions, materials engines: standardized gasoline with programs by placing limits on a compatibility, or drivability problems gasoline’s chemical composition and controlled parameters to ensure compared with certification test fuel.100 physical properties, including the types consistency across vehicle and engine Thus, we have a history of establishing and amount of alcohols and ethers certification used in emissions testing, maximum oxygen content as a criterion, (oxygenates) that may be added to and commercially available mileage in addition to other criteria, for gasoline. Fuels that are found to be accumulation fuels used to ensure determining whether a fuel or fuel substantially similar to our certification durability in use of exhaust and additive is substantially similar to a fuel 92 fuels may be introduced into commerce. evaporative emissions controls. utilized in certification. Historically the fuel used in emissions Each of our past interpretative rules With respect to fuel volatility, our sub testing (‘‘certification test fuel’’) provided an allowance for oxygenates sim interpretations have specified that contained no oxygenates (e.g., ethanol) within the gasoline. We last issued an in order to qualify as sub sim to and was often referred to by its brand interpretative rule in 2008 on the phrase certification test fuel, which has name, ‘‘indolene.’’ ‘‘substantially similar’’ for gasoline.96 historically had an RVP of 9.0 psi, fuels In the 2014 Tier 3 rulemaking, we The current substantially similar need only ‘‘meet ASTM standards in updated the certification test fuel for interpretative rule for unleaded gasoline general, that is, not necessarily for every Tier 3 certified motor vehicles and allows oxygen content up to 2.7 percent geographic location and time of changed the certification test fuel from by weight for certain ethers and year.’’ 101 To qualify as sub sim, gasoline E0 to E10 to reflect the widespread use alcohols. Despite having changed (whether or not containing ethanol) of E10 in the marketplace.93 The certification test fuel to include 10 ‘‘must possess, at time of manufacture, requirement to use Tier 3 E10 volume percent ethanol, prior to this all the physical and chemical certification fuel may have applied as proposed action, we have not addressed characteristics of an unleaded gasoline early as MY2015 if a manufacturer what should be considered substantially as specified in ASTM D 4814–88 for at elected to comply early with the Tier 3 similar to Tier 3 E10 certification fuel least one of the Seasonal and vehicle emissions standards, but the utilized in Tier 3 light duty vehicle Geographical Volatility Classes requirement to use E10 in at least some certification. specified in the standard.’’ 102 vehicles began with MY2017. Almost all In defining what qualifies as sub sim MY2020 and newer vehicles must be to certification fuels, we have listed 4. Criteria for Determining Whether a certified for emissions testing with Tier general physical and chemical Fuel is ‘‘Substantially Similar’’ 3 E10 certification fuel with some characteristics, such as oxygen content, In order to be substantially similar, a exceptions for small volume vehicle because fuels and fuel additives meeting fuel or fuel additive must be sub sim to manufacturers, which must use Tier 3 these general ‘‘sub sim’’ characteristics a fuel used in the certification of any E10 certification fuel by MY2022. will ‘‘not adversely affect emissions.’’ If Service accumulation fuel for we were to later find that a fuel or fuel vehicle or engine under CAA sec. 206. durability must be representative of additive that satisfies the physical and To make this determination, we have generally considered the effects of a fuel commercially-available gasoline 94 and chemical sub sim characteristics ‘‘may or fuel additive on emissions (exhaust evaporative emissions durability must reasonably be anticipated to endanger and evaporative), materials ‘‘employ gasoline fuel for the entire public health or welfare’’ or ‘‘impair to compatibility, and driveability for motor mileage accumulation period that a significant degree the performance of contains ethanol in, at least, the highest any emission control device or system,’’ concentration permissible in gasoline either in general or in particular 97 See 45 FR 67443 (October 10, 1980). 98 under federal law and that is vehicles or circumstances, we have See 56 FR 5352 (February 11, 1991). 99 See 45 FR 6743 (October 10, 1980). 2.0 wt% commercially available in any state in authority to regulate that fuel or fuel oxygen equates to approximately 5.7 vol% ethanol. additive under CAA sec. 211(c), which 100 See 56 FR 5352 (February 11, 1991). 2.7 wt% 92 See 46 FR 38582 (July 28, 1981). oxygen equates to approximately 7.7 vol% ethanol. 93 See 79 FR 23414 (April 28, 2014). 95 See 40 CFR 86.1824–08(f)(1). 101 See 46 FR 38585 (July 28, 1981). 94 See 40 CFR 86.113–15(a)(5). 96 See 73 FR 22281 (April 25, 2008). 102 See 73 FR 22281 (April 25, 2008).

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vehicles and motor vehicle engines long-term durability impacts of the EPAct study statistical models 103 certified under CAA sec. 206. operating on E15 blends would prevent estimate approximately 2% higher NOX, In this proposed CAA sec. 211(f)(1) MY2001 and newer light-duty vehicles 4% lower NMOG, 2% lower CO, and interpretative rulemaking, we consider from complying with their full useful 2% higher PM for E15 compared to the whether E15 is substantially similar to life emission standards.104 This decision E10 fuels used in the DOE study. If we Tier 3 E10 certification fuel when used was supported by a large study instead assume an E15 splash blend in Tier 3 light-duty vehicles. The scope conducted by DOE that tested 16 high- starting from a typical E10 market fuel, of that comparison is relatively narrow sales vehicles spanning model years the EPAct study models project 2% for two reasons. First, CAA sec. 211(f)(1) 1999–2007 using ethanol splash blends higher NOX, 2% higher NMOG, 2% only requires a consideration of the made from Tier 2 certification gasoline lower CO, and 4% higher PM. Since potential impacts on light-duty motor (E0).105 Analysis of the resulting data these figures represent the output of vehicles and motor vehicle engines. In shows that the E15 blend produced models whose coefficients survived a this regard, CAA sec. 211(f)(1) is approximately 5% higher NOX, 4% process of statistical testing, they are different than what an applicant must higher NMOG, and 4% lower CO meaningful despite being small. This demonstrate in a waiver under CAA sec. compared to E10, though none of these type of analysis is different from 211(f)(4) from the restrictions of CAA differences was statistically significant. performing a test for significant sec. 211(f)(1). CAA sec. 211(f)(1) is This work did not measure PM differences directly on paired emission focused on motor vehicles and motor emissions, but the expectation at the measurements, as is presented for the vehicle engines under CAA sec. 206 and time was that PM should react to other studies discussed below, where applies to a broad class of fuels. A CAA ethanol in a similar way as NMOG measured differences may be sec. 211(f)(4) waiver, on the other hand, emissions. statistically insignificant due to the requires that a specific fuel not cause or Since the time of the 2010 waiver limited scope of the test program and/ contribute any vehicle or engine decision, additional data have been or the number of variables left certified under CAA sec. 206 and 213 to published on the effects of ethanol uncontrolled. exceed emission standards over the blends on Tier 2 vehicles. The EPAct/ Two studies published in 2017 and useful life of the vehicle or engine. V2/E–89 study (referred to as ‘‘EPAct 2018 by CRC, projects E–94–2 and E– Thus, the scope of vehicles and engines study’’), jointly conducted by EPA, 94–3, respectively, examined the effects considered to determine whether a fuel DOE/National Renewable Energy of ethanol and PM Index on PM and is substantially similar under CAA sec. Laboratory (NREL), and the other emissions from MY2012–2015 211(f)(1) is significantly narrower than Coordinating Research Council (CRC) in Tier 2 vehicles, all with gasoline direct the scope of vehicles and engines that 2009–2010, looked at the effects of five injected (GDI) engines and several with must be considered by EPA for a waiver fuel properties, including ethanol turbocharging.108 109 Results for the to be granted under CAA sec. 211(f)(4). concentration, on emissions from 15 overall test fleet of 16 vehicles in E–94– Second, under CAA sec. 211(f)(1), the high-sales light-duty vehicles from 2 showed no statistically significant sub sim determination need only MY2008. Measurements included PM, a effect of E10 match blends 110 relative to demonstrate that E15 is sub sim to a fuel pollutant for which its relationship to E0 for total hydrocarbons (THC), NOX, used in certification of a 1975 or later fuel properties had previously not been or CO, while PM increased by 19% for MY vehicle or engine, not substantially examined in much detail for gasoline the regular-grade (87 AKI) test fuels. The similar to all certification fuels required vehicles. The size and scope of this E–94–3 study tested a four-vehicle and used historically (e.g., E0 for light- study allowed for statistical models to subset on four E10 splash blends made duty vehicles and trucks prior to Tier 3) be developed that could be used to from the E0 fuels in E–94–2, and found to assess compatibility and emission correlate the impacts of the five fuel a PM increase of 21% on average, performance. In this case, the sub sim properties, including ethanol consistent with the effect found in the determination demonstrates that E15 is concentration, on emissions, enabling larger E94–2 study. Assuming this PM sub sim to Tier 3 E10 certification fuel. projections to be made of the emission effect is linear over small fuel changes, impacts of a wide range of fuels, not we would expect around 10% higher 5. Technical Rationale and Discussion limited to those tested. Results generally PM when moving from E10 to E15. As discussed above, we have confirmed the NOX and CO emission Comparing these results to the EPAct considered whether a fuel has similar impacts described above, while study and DOE study above suggests effects on emissions, materials indicating that ethanol’s effects on that later-technology vehicles with compatibility, and driveability when NMOG and PM are more complex and direct injection have equal or lower determining whether a fuel is depend on other fuel parameters, such substantially similar to certification as the fuel’s distillation profile and 108 Morgan, Peter; Smith, Ian; Premnath, Vinay; fuel. Based on existing data and our aromatics content.106 107 For example, Kroll, Svitlana; Crawford, Robert. ‘‘Evaluation and Investigation of Fuel Effects on Gaseous and engineering judgement, we have Particulate Emissions on SIDI In-Use Vehicles’’. concluded that E15, with its additional 104 See 75 FR 68096 (November 4, 2010). SwRI 03.20955. Southwest Research Institute, San oxygen content relative to Tier 3 E10 105 Knoll, K., West, B., Huff, S., Thomas, J. et al., Antonio, TX. CRC E–94–2. Coordinating Research certification fuel, would have effects on ‘‘Effects of Mid-Level Ethanol Blends on Council, Alpharetta, GA. March 2017. Conventional Vehicle Emissions,’’ SAE Technical 109 Morgan, Peter; Lobato, Peter; Premnath, Vinay; emissions, materials compatibility, and Paper 2009–01–2723, 2009. Kroll, Svitlana; Brunner, Kevin; Crawford, Robert. drivability substantially similar to E10 106 EPA Office of Transportation and Air Quality. ‘‘Impacts of Splash-Blending on Particulate in Tier 3 vehicles. ‘‘EPAct/V2/E–89: Assessing the Effect of Five Emissions for SIDI Engines’’. SwRI 03.20955–1. Gasoline Properties on Exhaust Emissions from Southwest Research Institute, San Antonio, TX. a. Exhaust Emissions Light-Duty Vehicles Certified to Tier 2 Standards: CRC E–94–3. Coordinating Research Council, Final Report on Program Design and Data Alpharetta, GA. June 2018. In the 2010 CAA sec. 211(f)(4) partial Collection’’. EPA–420–R–13–004. April 2013. 110 Matched blended fuels are fuels that have waiver for E15, we concluded from 107 Butler, A., Sobotowski, R., Hoffman, G., and been crafted to control fuel parameters (e.g., available data that neither the Machiele, P., ‘‘Influence of Fuel PM Index and distillation parameters and RVP) after the blending Ethanol Content on Particulate Emissions from of ethanol typically for research and testing immediate combustion effects nor the Light-Duty Gasoline Vehicles,’’ SAE Technical purposes. This is contrasted with splash blended Paper 2015–01–1072, 2015, doi:10.4271/2015–01– fuels, which are not controlled to specifically 103 See, e.g., 56 FR 5354 (February 11, 1991). 1072. account for the blending of ethanol.

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sensitivity to ethanol blending for evaluate PM emissions from ethanol and (6) unintended leaks due to gaseous emissions, but may be more blending. deterioration/damage that is now largely sensitive for PM. While some criteria pollutants would monitored through onboard diagnostic Another study published in 2018 by have relative and real increases (NOX standards. the University of California, Riverside and PM) and others have similar For hot soak, permeation, and Center for Environmental Research and decreases (VOC and CO) on E15 unintended leak evaporative emissions, Technology (‘‘CE–CERT’’) looked at the compared to E10, these changes are we expect that E15 would have a similar effects of ethanol and aromatics on relatively small. In the E15 partial effect as Tier 3 E10 certification fuel. In emissions from five vehicles spanning waivers, we determined that effects of the E15 partial waivers, we stated that model years 2016 to 2017, all with GDI this magnitude were too small to cause we did not expect that E15 would have engines and certified to either Tier 3 or or contribute 2001 and newer light-duty an effect on hot soak, permeation, and LEV III standards.111 The test fuels vehicles to exceed the vehicles’ certified unintended leak evaporative emissions included E0, E10, and E15 blends that exhaust emissions standards and we based on a review of the data and on the were closely matched on aromatic expect that this would also be the case fact that auto manufacturers have been content (at two levels, 21% and 29% for Tier 3 certified vehicles. While CAA required to age vehicles on E10 for volume) but the mid-point distillation sec. 211(f)(1) does not define specific evaporative emissions durability testing temperature (T40–T50) was criteria for how to determine whether an since MY 2004. We are not aware of any uncontrolled, and varied ethanol blend is substantially similar to information suggesting that Tier 3 significantly.112 Results of this study certification test gasoline, we believe vehicles would behave differently since showed no statistically significant that the small changes in exhaust they are aged for evaporative emissions difference in NOX, non-methane emissions from E15 relative to Tier 3 durability on E15 and certified on Tier hydrocarbons (NMHC), or PM when E10 certification fuel used in Tier 3 3 E10 certification fuel. Furthermore, in comparing E15 to E10 blends at either certified vehicles are within the scope of our review of the testing of permeation aromatics level. what we have determined to be sub sim on pre-Tier 3 vehicles (i.e., prior to While there are limited data on Tier in our prior sub sim interpretive changes made to address permeation) in 3 vehicles, the results of the Tier 2 and rulemakings. Therefore, we believe that the E15 partial waiver decisions, while Tier 3 vehicle studies cited above are E15 is sub sim to Tier 3 E10 certification ethanol was shown to significantly nevertheless largely consistent with fuel from the perspective of exhaust worsen permeation emissions, there was each other given that ethanol blending emissions. However, we seek comment no discernable worsening of the impacts also affects many other fuel properties, and request any additional information at higher ethanol concentrations.116 and given that ethanol is blended into related to the potential effects on the Consequently, we do not anticipate gasolines in different ways that affect exhaust emissions of E15 compared to permeation emissions with E15 to be the collateral property changes Tier 3 E10 certification fuel, particularly any higher than with E10. differently. This makes it difficult to in Tier 3 certified vehicles given the We are proposing two alternative interpret trends across the body of limited data currently available. approaches to assessing the evaporative literature without detailed information b. Evaporative Emissions emissions impacts of E15 with regard to on multiple fuel properties. However, the volatility of the fuel. First, we EPA has set evaporative emission since the early 1990s, a number of compare E15 at 10.0 psi to Tier 3 E10 standards for motor vehicles since 1971. programs have studied the effects of certification fuel at 9.0 psi to evaluate During the ensuing years, these ethanol on emissions from earlier differences in evaporative emissions evaporative standards have continued to vintage vehicles, and based on these from refueling, diurnal, and running evolve, resulting in additional studies, emissions models have been evaporative emissions reductions. loss emissions sources. Alternatively, published, including the Complex Consideration of whether E15 is we compare E15 at 9.0 psi, the fuel Model,113 Predictive Model,114 and substantially similar to Tier 3 E10 without a 1-psi waiver under CAA sec. MOVES simulator,115 and the results certification fuel for evaporative 211(h)(4), to Tier 3 E10 certification fuel from the more recent studies are also emissions requires consideration of the at 9.0 psi. largely consistent with them. Namely, applicable evaporative emissions Refueling, diurnal, and running loss ethanol blending causes slight increases standards to which the particular motor evaporative emissions increase as fuel in NOX emissions and slight decreases vehicles were certified, in this case Tier volatility increases, with gasoline with for CO emissions. Earlier studies did not 3 motor vehicles. There are now six an RVP of 10.0 psi producing main components to motor vehicle significantly more vapor for the 111 Karavalakis, G; Durbin, T; Yang, J; Roth, P., evaporative emission control system to ‘‘Impacts of Aromatics and Ethanol Content on evaporative emissions that are important for our standards: (1) Diurnal capture and purge through the engine Exhaust Emissions from Gasoline Direct Injection 117 (GDI) Vehicles’’. University of California, CE–CERT, (evaporative emissions that come off the than gasoline with an RVP of 9.0 psi. April 2018. fuel system as a motor vehicle heats up However, because we specifically 112 The EPAct study found T50 to have a during the course of the day); (2) addressed gasoline volatility in our meaningful and statistically significant impact on refueling emissions (evaporative prior 1981, 1991, and 2008 sub sim NMOG, NMHC, NOX, and PM emissions. reinterpretations,118 we are not 113 See ‘‘Complex Model Used to Analyze RFG emissions that come off the fuel system and Anti-dumping Emissions Performance as the vehicle is refueled); (3) hot soak proposing to modify our long-standing Standards,’’ available at https://www.epa.gov/fuels- (evaporative emissions that come off a registration-reporting-and-compliance-help/ 116 See 75 FR 68115–68120 (November 4, 2010) complex-model-used-analyze-rfg-and-anti- hot motor vehicle as it cools down after and 76 FR 4675–4681 (January 26, 2011). dumping. the engine is shut off); (4) running loss 117 These effects are discussed more in Section 114 See ‘‘California Gasoline Predictive Models, (evaporative emissions that come off the II.E. and CARBOB Model Development,’’ available at fuel system during motor vehicle 118 See 46 FR 38582 (July 28, 1981), 56 FR 5352 https://www.arb.ca.gov/fuels/gasoline/premodel/ operation); (5) permeation (evaporative (February 11, 1991), and 73 FR 22277 (April 25, pmdevelop.htm. 2008), respectively. Historically, we have defined 115 See ‘‘Moves and Other Mobile Source emissions that come through the walls sub sim with regards to volatility as being anything Emissions Models,’’ available at: https:// of elastomers in the fuel system and are within the general ASTM specifications for www.epa.gov/moves. measured as part of the diurnal test); volatility for any location and time of year.

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approach to controlling volatility in this certification fuel at 9.0 psi RVP during c. Materials Compatibility action, and because there are not the summer. This would allow us, from Materials compatibility is a key factor refueling, diurnal, or running loss a technical standpoint, to consider the in considering what fuels or fuel evaporative emission impacts of E15 impacts of RVP on evaporative additives are sub sim to certification relative to Tier 3 E10 certification fuel emissions, and in particular on fuel, insofar as poor materials apart from RVP, we do not believe these refueling, diurnal, and running loss compatibility can lead to serious evaporative emission impacts are evaporative emissions under CAA sec. exhaust and evaporative emission relevant to our proposed interpretation 211(f)(1). Refueling, diurnal, and compliance problems not only of sub sim. Furthermore, our existing running loss evaporative emissions are immediately upon use, but especially regulations promulgated under CAA mostly a function of volatility of the over the full useful life of vehicles and sec. 211(c) and 211(h) are a sufficient fuel. Therefore, if two fuels have the engines. In the E15 partial waivers, we mechanism to control the RVP of same RVP, the expected evaporative determined that the use of E15 in gasoline. Since this interpretation emissions from the two fuels would be MY2001 and newer light-duty motor primarily responds to the fact that we similar. In this situation, since there is vehicles ‘‘will not [result in] materials have now changed Tier 3 certification no difference in RVP, E15 at 9.0 psi RVP compatibility issues that lead to exhaust fuel to include 10 percent ethanol, we would have nearly identical evaporative or evaporative emissions do not believe modification of our sub emissions to E10 at 9.0 psi RVP from exceedances.’’ 120 We argued that sim interpretation to set a specific RVP refueling, diurnal, and running loss ‘‘[n]ewer motor vehicles, such as Tier 2 level would be appropriate. emissions sources. and NLEV vehicles (MY2001 and Historically, the primary purpose of We believe that under CAA sec. newer), on the other hand, were the requirement under the definition of designed to encounter more regular substantially similar that gasoline must 211(f)(1) we only need to determine that E15 at 9.0 psi RVP is sub sim to Tier 3 ethanol exposure compared to earlier meet a volatility class under the ASTM model year motor vehicles’’ since EPA’s specification for gasoline was to ensure E10 certification fuel at 9.0 psi RVP in order for fuel manufacturers and in-use verification program would that the fuel was physically and require auto manufacturers to place downstream parties to take advantage of chemically similar to gasoline as to be more ‘‘emphasis on real world motor the CAA sec. 211(h)(4) waiver. Congress used in a gasoline-fueled motor vehicle. vehicle testing’’ prompting intended for gasoline-ethanol blends to For example, in the 1980 sub sim manufacturers to consider commercially have a 1-psi waiver in order to promote interpretative rulemaking, we allowed available fuels containing ethanol when ethanol blending in gasoline. In other gasoline-ethanol blends containing up developing and testing their emissions to 2.0 weight percent oxygen (about 5.5 words, given the existence of CAA sec. systems.121 Based on this assessment volume percent ethanol); such fuel 211(h)(4), we believe it is appropriate plus confirmatory data from DOE’s would experience a similar 1-psi when interpreting sub sim for CAA sec. extensive test program that aged increase to E10 or E15 if produced using 211(f)(1) to compare E15 at 9.0 psi RVP MY2001 and newer vehicles up to the same base gasoline. Even during to E10 certification test fuel at 9.0 psi 120,000 miles on E15, we concluded 1980, certification fuel used for RVP. CAA sec. 211(h)(4) then provides that MY2001 and newer vehicles would gasoline-fueled motor vehicles was the 1-psi waiver to E15. Therefore, 119 not have materials compatibility issues expected to have an RVP of 9.0 psi. under this alternative we would propose with E15. We expect that Tier 3 certified Therefore, we have not generally to interpret sub sim to apply to gasoline vehicles would have similar, if not considered the expected increase in with a maximum of 9.0 psi RVP during better, materials compatibility with E15 RVP resulting from the addition of RVP the summer. compared to MY2001 and newer when determining whether a fuel is sub In summary, we expect that E15 vehicles since Tier 3 certified vehicles sim to gasoline certification fuel. should be designed to encounter E15 in- We determined that such a change would have similar evaporative use and manufacturers are required to was unnecessary and declined to emissions effects as Tier 3 E10 use E15 as an aging fuel for evaporative impose such a limitation when we certification fuel for Tier 3 light-duty durability testing. reinterpreted sub sim in 1991 and in vehicles with regard to evaporative emissions from permeation, hot soak, As required under the vehicle and 2008. In 1991, we maintained the view certification regulations,122 since that sub sim fuels need only meet and other unintended evaporative emissions. For refueling, diurnal and granting the E15 partial waivers, E15 is general ASTM specifications (i.e., any now used as an aging fuel for service volatility class in ASTM D 4814–88) for running loss evaporative emissions, we are not proposing to alter the existing accumulation for evaporative durability volatility. This was after we testing. Auto manufacturers have used promulgated the Phase I and Phase II interpretation of substantially similar. As explained above in our proposed E15 for service accumulation for RVP standards for gasoline under CAA evaporative durability testing since at sec. 211(c) and Congress enacted CAA interpretation of CAA sec. 211(h)(4), we believe it was Congress’ intent to allow least MY2014. This means that many sec. 211(h) in 1990, which, as discussed Tier 2 certified vehicles since MY2014 above, we have interpreted as for gasoline-ethanol blended fuels containing at least 10 percent ethanol to and all Tier 3 certified vehicles have essentially codifying our regulatory been aged on E15 and have been approach to fuel volatility as it existed receive the 1-psi waiver and we have interpreted sub sim under 211(f)(1) to be designed with materials capable of prior to 1990. In 2008, when we handling E15 for extended periods of consistent with Congress’ intent. provided flexibility for testing gasoline time. Therefore, we are proposing that E15 at used only in Alaska to meet sub sim Therefore, we would not expect any 10.0 psi RVP is sub sim to Tier 3 E10 volatility requirements, we chose to materials compatibility issues from E15 certification test fuel at 9.0 psi RVP maintain the existing volatility language in Tier 3 vehicles and we expect that for gasoline for the rest of the U.S. when used in Tier 3 vehicles. Alternatively, we propose that E15 at We are also proposing that E15 at 9.0 120 See 75 FR 68122–68123 (November 4, 2010); psi RVP is sub sim to Tier 3 E10 9.0 psi RVP is sub sim to Tier 3 E10 76 FR 4681 (January 26, 2011). certification fuel at 9.0 psi RVP when 121 See 75 FR 68122 (November 4, 2010). 119 See 40 CFR 86.113–78 (1977). used in Tier 3 vehicles. 122 See 40 CFR 86.1824–08(f)(1).

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E15 would have substantially similar or ensure that gasoline-ethanol blends percent ethanol as sub sim, while identical materials compatibility with have certain physical and chemical keeping the oxygen content limit of 2.7 Tier 3 E10 certification fuel. characteristics, like the gasoline-ethanol weight percent for other oxygenates. We blend having distillation parameters seek comment on whether we should d. Driveability falling within specified ranges, to interpret sub sim to encompass other A change in the driveability of a ensure that when the gasoline-ethanol oxygenates and request any supporting motor vehicle that results in significant blended fuel is used, driveability issues data on the potential effects of other deviation from normal operation (e.g., will not arise.125 oxygenates on emissions, materials stalling, hesitation, etc.) would result in For these reasons, we believe that E15 compatibility, and driveability of Tier 3 increased emissions. These increases would have similar driveability vehicles. may not be demonstrated in the characteristics to Tier 3 E10 certification emission certification test cycles but fuel. 6. Other Aspects of the Proposed instead are present during in-use Interpretative Rulemaking e. Conclusion operation. In addition to consumer a. Effects of Proposed Interpretation of dissatisfaction, a motor vehicle stall and For reasons described above, we are CAA sec. 211(h)(4) subsequent restart can result in a proposing that E15 is substantially significant increase in emissions similar to Tier 3 E10 certification fuel. The proposed new interpretation of because HC and CO emission rates are As discussed above, when interpreting ‘‘substantially similar’’ interpreting E15 typically highest during vehicle starts, which fuels and fuel additives are sub to be sub sim to Tier 3 E10 certification especially cold starts. Further, concerns sum to certification fuel under CAA sec. fuel discussed in this section would exist if the consumer or operator 211(f)(1), we consider those potential make it lawful for refiners and importers tampers with the motor vehicle in an effects of relevance under CAA sec. to make and introduce into commerce attempt to correct the driveability issue 211(f)(1) of fuels and fuel additives on E15 without the use of the E15 partial since consumers may attempt to modify certified motor vehicles’ emissions waivers. This proposed interpretation of a motor vehicle from its original (exhaust and evaporative), materials ‘‘substantially similar’’ in conjunction certified configuration. Thus, we have compatibility, and driveability. with the proposed interpretation of CAA considered whether fuels or fuel Regarding emissions, while E15 sec. 211(h)(4) would also extend the additives have an adverse effect on compared with Tier 3 E10 certification exemption from the CAA sec. 211(h)(1) driveability relative to certification fuel test fuel would have small emissions upper RVP limit from 9.0 psi to 10.0 psi to define what is substantially similar. changes in Tier 3 vehicles, we expect for fuels containing 9–15 percent We concluded in the E15 partial that E15 would exhibit similar exhaust ethanol. waivers that we did not believe that E15 and evaporative emissions for Tier 3 As previously explained, the deemed would cause driveability concerns for vehicles certified on Tier 3 E10 to comply provision was promulgated at MY2001 and newer light-duty vehicles. certification fuel. For materials the inception of the RVP program when We reviewed the data and information compatibility and driveability, we industry had just begun blending from the over 30 different test programs expect that due to E15 being used as a ethanol in gasoline and reflects the evaluated to grant the E15 partial service accumulation fuel for highest permissible ethanol content waivers and we found ‘‘no specific evaporative emissions aging, as well as under the waiver under CAA sec. reports of driveability, operability or on- our conclusions for MY2001 and newer 211(f)(4). Specifically, the deemed to board diagnostics (OBD) issues across light-duty motor vehicles regarding comply provision applies where ‘‘the many different vehicles and duty cycles materials compatibility and driveability ethanol portion of the blend does not including lab testing and in-use in the E15 partial waivers, E15 would be exceed its waiver condition under operation.’’ 123 sub sim to Tier 3 E10 certification fuel. subsection (f)(4) of this section.’’ 127 A After having granted the partial E15 Our proposed interpretation is limited plain reading of this provision therefore, waivers, we believe that Tier 2 and Tier to gasoline that contains only ethanol would suggest that it could not apply 3 vehicles also have better capability of content up to 15 percent as this is the where the agency concludes that a fuel operating on E15, since as mentioned only oxygenate that we have sufficient is substantially similar to certification above, auto manufacturers have been data and information to support at this fuels, under CAA sec. 211(f)(1). required to use E15 as an aging fuel for time.126 Other oxygenates (notably However, we seek comment on the evaporative durability aging since at isobutanol) may have similar emissions continued use of the deemed to comply least MY2014. effects to Tier 3 E10 certification fuel, provision to ease the demonstration We also believe that the producers but we lack the data and information on burdens for fuels that do not have a and distributors of gasoline adhere to emissions, materials compatibility, and CAA sec. 211(f)(4) waiver, but ASTM specifications for gasoline (i.e., driveability as established for ethanol as nonetheless can be introduced into ASTM D 4814),124 which helps address part of the E15 partial waiver decisions commerce because they are the driveability of gasoline that contains and the Tier 3 rulemaking. Therefore, substantially similar to Tier 3 E10 up to 15 volume percent ethanol. As our proposed interpretation of sub sim certification fuel. E15 has been in the market since at least for gasoline would interpret gasoline- If we finalize our interpretation of 2012, industry, through ASTM ethanol blends containing up to 15 substantially similar proposed in International, has worked to develop Section II.C, the 1-psi waiver would be voluntary consensus-based standards to 125 Id. available to fuel manufacturers, refiners, help ensure the quality of E15 made and 126 It should also be noted that we chose to and importers, in contrast to the used in the marketplace. For example, express the proposed increase in gasoline-ethanol content in terms of volume percentage versus approach discussed in Section II.B, ASTM D4814–18c has language to converting to weight percent oxygenate. We did this which would only allow downstream for two reasons. First, as stated, we believe we only parties to take advantage of the 1-psi 123 See 76 FR 4681–82 (January 26, 2011). have data and information to support an waiver. However, retailers that produce 124 ASTM Standard D4814, 2019, ‘‘Standard interpretation for gasoline containing only ethanol Specification for Automotive Spark-Ignition Engine up to 15 volume percent. Second, this avoids the E15 via a blender pump would still have Fuel,’’ ASTM International, West Conshohocken, issues associated with the variability in the density PA, 2003, DOI: 10.1520/C0033–03, www.astm.org. of gasoline. 127 CAA sec. 211(h)(4)(B).

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issues complying with EPA fuels One implication of a sub sim vehicles) due to our engineering regulations at 40 CFR parts 79 and 80 interpretation that includes E15 under assessment that these vehicles, engines, unless they made the E15 solely from CAA sec. 211(f)(1) would be that a and equipment may experience DFE and certified gasoline (or CBOB). waiver under CAA sec. 211(f)(4) will no emissions failures over these vehicles, longer be necessary for E15 to be engines, and equipments’ full useful b. Regulatory Amendments introduced into commerce. This would lives. Also, as discussed above, in the The technical amendments to our in effect remove the conditions of the MMR we concluded that under CAA regulations discussed in Section II.B.2, E15 partial waivers imposed on fuel and sec. 211(c)(1)(A), the likely result would in the context of our first approach to fuel additive manufacturers, in the be increased VOC, CO, and NOX allow the 1-psi waiver for E15 during absence of any limitations on the sub emissions were these particular engines, the summer, would also be necessary sim interpretation. This would mean vehicles and equipment to use E15. The were EPA to finalize a new that the conditions in the E15 partial prohibitions and regulatory interpretation of ‘‘substantially similar’’ waivers designed to limit the requirements were designed to help that finds that E15 is sub sim to Tier 3 introduction into commerce of E15 to mitigate the misfueling of E15 in these E10 certification fuel. The regulatory only MY2001 and newer light-duty vehicles. changes would be identical to those motor vehicles would not apply. The There are still millions of MY2000 discussed in Section II.B.2, as those need for the conditions on the E15 and older motor vehicles on the road regulatory changes would be partial waivers may be partially (although they will over time make a promulgated to effectuate our new mitigated because we have already put smaller contribution to vehicle miles interpretation of CAA sec. 211(h)(4). In in place parallel restrictions in our travelled) and hundreds of millions of short, we would promulgate regulatory regulations in the E15 MMR rulemaking pieces of nonroad equipment not 128 amendments modifying the ethanol at 40 CFR part 80, subpart N. designed for and prohibited from E15 content at 40 CFR 80.27 to blends of However, some conditions in the E15 use. The existing conditions on the E15 gasoline containing 9–15 percent partial waivers are not part of the MMR. partial waivers under CAA sec. 211(f)(4) ethanol. We would also promulgate One such condition is the requirement help ensure E15 fuel quality and regulations removing requirements that fuel and fuel additive mitigate the misfueling of vehicles, implemented in the MMR relating to (1) manufacturers have an EPA-approved engines, and equipment and we believe comingling of E10 and E15; and (2) PTD misfueling mitigation plan (MMP) prior it is appropriate to continue to impose requirements for E15 that would no to introducing E15 into commerce. the same conditions on parties that introduce E15 into commerce under a longer be necessary were E15 to receive While MMPs generally commit fuel and CAA sec. 211(f)(1) sub sim the 1-psi waiver. As discussed in fuel additive manufacturers to adhere to interpretative rulemaking. Therefore, we Section II.B.2, all other regulations regulatory requirements of the MMR, are proposing and seek comment on promulgated as part of the MMR would MMPs also commit these manufacturers certain limitations, including those remain in place. to participate in public outreach on the appropriate use of E15 and allow for contained in the current CAA sec. c. Potential Conditions As Part of CAA specific, additional misfueling 211(f)(4) waiver, as part of an sec. 211(f)(1) Interpretative Rulemaking mitigation measures that may apply in interpretative rulemaking which defines a manufacturers specific situation. E15 as substantially similar to Tier 3 CAA sec. 211(f)(1)(A) prohibits fuel or Another condition in the E15 partial E10 certification fuel under CAA sec. fuel additive manufacturers from first waivers is that ethanol producers must 211(f)(1). introducing into commerce, or manufacture denatured fuel ethanol that Additionally, we seek comment on increasing the concentration in use of, meets industry established quality whether this proposed sub sim any fuel or fuel additive for general use standards if used to make E15. This interpretation for E15 should be limited in light-duty motor vehicles which is requirement is not currently part of to the subset of the national vehicle and not substantially similar to that utilized EPA’s fuels regulations. engine fleet to which the current E15 in the certification of motor vehicles or Furthermore, as discussed, the waivers apply (MY2001 and newer engines under CAA sec. 206. As technical basis to deny the E15 waiver light-duty motor vehicles) or on which explained above, we have interpreted request for MY2000 and older motor our assessment in Section II.C is based the ‘‘substantially similar’’ provision vehicles and nonroad products and (i.e., only to vehicles and engines several times to allow the introduction promulgate the MMR is unchanged and certified using Tier 3 E10 certification into commerce of certain fuel blends. removing the conditions in the E15 fuel). While we have not previously The language of CAA sec. 211(f)(1) does partial waivers removes a layer of imposed conditions in substantially not address whether and how EPA can protection against the misfueling of similar interpretative rulemakings restrict its determination that a these vehicles, engines, and designed to limit the applicability to particular fuel is ‘‘substantially similar’’ equipment.129 We denied the E15 certain classes of vehicles, engines, and to a certification fuel. Given the fact that waiver request for MY2000 and older equipment, for the reasons explained there have now been multiple motor vehicles, nonroad vehicles, above, we are seeking comment in this certification fuels since 1977, when engines, and equipment (including case. The record has not changed with CAA sec. 211(f)(1) was first enacted, we motorcycles, and heavy-duty motor respect to the inability of older vehicles, believe it is reasonable to interpret this nonroad equipment, motorcycles, or provision as allowing EPA to apply 128 As noted above, these restrictions remain heavy-duty trucks to use E15, which restrictions on a sub sim determination, necessary, and we are not proposing to lift the formed the basis of our denial of the E15 where the restrictions are intended to prohibition at 40 CFR 80.1504(a)(1) on the sale, introduction, or use of E15 into MY2000 and older waiver request for such vehicles, avoid the kinds of problems that light-duty motor vehicles, heavy-duty motor engines, and equipment. prompted the prohibition against vehicles, or nonroad engines, vehicles, and Furthermore, our assessment in introduction into commerce. We solicit equipment, nor are we proposing to remove any of Section II.C was limited to only Tier 3 the misfueling mitigation requirements in the E15 comment on this approach, including MMR. Consequently, those marketplace protections E10 certification fuel used to certify comments on the specific conditions we will be unaffected by this proposed action. MY2020 (some earlier) light-duty should impose. 129 See 75 FR 68127–68138 (November 4, 2010). vehicles, not all in-use vehicles and

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engines that run on gasoline. Such a appropriate. We also recognize that significant increase in evaporative condition would be in recognition of the additional misfueling mitigation emissions. To accurately assess fact that, in contrast to the date when measures would most likely place a emission impacts in this case, however, CAA sec. 211(f)(1) was enacted, not all significant burden on retailers, many of we need to examine current real-world gasoline vehicles and equipment are whom are small businesses, to upgrade circumstances. Namely, we expect any certified on the same gasoline. All other fuel dispensers to implement physical E15 introduced into the market to vehicles, engines, and equipment prior barriers to E15 use or employ radio- displace E10 that is already being sold to Tier 3 used certification fuel without frequency identification (RFID) and that carries the 1-psi waiver in ethanol, and some nonroad vehicles, technology. Therefore, we seek conventional gasoline areas (E10 has engines, and equipment are still comment on whether additional nearly 100 percent market share for certified using E0. A condition limiting misfueling mitigation measures would gasoline sold in the U.S.). E15 has a the applicability of the sub sim be appropriate and we specifically seek slightly lower RVP than E10 when made interpretative rulemaking to vehicles comment on the costs and benefits of from the same BOB, a situation we certified on Tier 3 certification fuel such measures on affected parties. believe will be the case unless E15 use becomes widespread.131 Thus, to the would recognize the fact that most E. E15 Criteria Pollutant and Air Toxics extent that E15 displaces E10 in the vehicles, engines, and equipment were Emission Impacts not certified on E10, and prevent short term, E15 is expected to lower the emission exceedances by limiting which As discussed above, we expect the volatility of in-use gasoline by as much vehicles, engines, and equipment could emissions of E15 to be substantially as 0.1 psi.132 use E15 under the proposed sub sim similar to those of E10 Tier 3 Use of E15 blends will have other interpretative rulemaking. certification fuel when used in Tier 3 criteria pollutant emission impacts Finally, we seek comment on whether light-duty vehicles. This section beyond those related to volatility we can impose the existing waiver describes expected emissions effects of described above. Assuming E15 is made conditions in the E15 partial waivers, in the proposed action on evaporative and from the same BOB as E10, we expect their entirety, as conditions in the exhaust emissions of E15 relative to E10 the additional 5 volume percent ethanol proposed substantially similar typically available in the marketplace. to further dilute hydrocarbon fuel Evaporative emissions from vehicles interpretative rulemaking. The components such as aromatics, comprise approximately 60 percent of conditions on the E15 partial waivers producing changes in several exhaust the VOC emissions during summertime provide additional misfueling emissions such as NOX, NMOG, and conditions from the current vehicle fleet 133 134 mitigation and fuel quality protections, benzene. Ethanol also causes based on results produced by which as mentioned above some changes in the volatility profile of the MOVES2014b, and such VOC emissions stakeholders believe may need to be blended fuel, typically lowering the contribute to ambient levels of ozone, mid-point distillation temperature (T50) bolstered in the future as E15 becomes PM, and air toxics, all of which more available to consumers. significantly, and the 90 percent endanger public health and welfare. temperature (T90) slightly.135 Table D. E15 Misfueling Mitigation Today’s vehicles are equipped with II.E–1 shows predicted fuel property charcoal cannisters to capture vapors Some stakeholders have raised and exhaust emission changes for Tier generated during refueling as well as concerns since the President’s 2 vehicles using both E10 certification daily diurnal temperature fluctuations. announcement over whether the gasoline and a typical market E10 as This stored vapor is then drawn into the remaining E15 misfueling mitigation baselines for comparison. Results using engine and combusted during vehicle measures would be sufficient in light of the EPAct model developed from the operation. this proposed action.130 These EPAct/V2/E–89 study described in Currently and historically, vehicle Section II.C.5.a suggest E15 blends are stakeholders suggested that a possible manufacturers have been required to consequence of this proposed action expected to produce slightly lower CO, certify their vehicles on test gasoline and slightly higher NOX and PM would be an increase in the availability with a volatility of 9.0 psi RVP under of E15 in the market resulting in an severe operating conditions similar to 131 We believe it would be unlikely for refiners to increase in the potential misfueling of what might be expected on high ozone produce an E15 CBOB for such a small difference E15 in nonroad vehicles, engines, and days. The evaporative emission in RVP. However, refiners may want to create a equipment and MY2000 and older light- standards have been progressively made CBOB with a slightly lower octane level to account duty vehicles. These stakeholders for the increased octane from the additional ethanol more stringent over time, such that in E15 versus E10. We believe this would only suggested that, in light of their concerns under the Tier 3 standards they require occur if E15 comprised a large part of a and advancements in technology since essentially zero vapor loss during conventional gasoline area’s market. our MMR rule, we seek comment on a 132 ‘‘Determination of the Potential Property normal operation on 9.0-psi fuel. Ranges of Mid-Level Ethanol Blends.’’ American wide range of additional misfueling Increasing fuel RVP from 9.0 psi to 10.0 mitigation measures to help avoid the Petroleum Institute, Washington, DC. April 2010. psi increases fuel vapor generation 133 For the effects of sulfur on emissions see Table misfueling of E15. significantly under summertime ES–3 in ‘‘The Effects of Ultra-Low Sulfur Gasoline While we believe additional conditions, which can overwhelm a on Emissions from Tier 2 Vehicles in the In-Use Fleet.’’ U.S. EPA Office of Transportation and Air misfueling measures are unnecessary at vehicle’s evaporative control system and this time and outside the scope of this Quality, Ann Arbor MI. EPA–420–R–14–002, March push it out of compliance. 2014. proposed action, we recognize that as Consequently, controlling the volatility 134 For the effects of ethanol and aromatics on E15 and other higher-level ethanol of gasoline during the summer is emissions see Tables ES–1 through ES–4 in ‘‘Assessing the Effect of Five Gasoline Properties on blends become more prevalent in the important in order to control the marketplace, the use of additional Exhaust Emissions from Light-Duty Vehicles evaporative VOC emissions produced by Certified to Tier 2 Standards: Analysis of Data from misfueling mitigation measures may be vehicles and engines in-use. EPAct Phase 3 (EPAct/V2/E–89): Final Report.’’ This proposal changes the volatility U.S. EPA Office of Transportation and Air Quality, 130 See ‘‘Joint Comments on E15 Education and Ann Arbor MI. EPA–420–R–13–002, March 2013. Outreach’’ from the Outdoor Power Equipment standard that applies to E15 in-use from 135 ‘‘Determination of the Potential Property Institute and the National Marine Manufacturers 9.0 psi to 10.0 psi RVP. Viewing this Ranges of Mid-Level Ethanol Blends.’’ American Association to EPA, January 29, 2019. change in isolation, one might expect a Petroleum Institute, Washington, DC. April 2010.

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compared to their E10 blending base. direction depending on the T50 of the Changes in NMOG (or VOC) vary in blending base.

TABLE II.E–1—EXAMPLE EMISSION IMPACTS OF E15 BLENDS BASED ON EPACT MODEL

Fuel properties used in analysis E15 emissions impact relative to indicated baseline

Eth. vol Arom. vol RVP T50 T90 CO NMOG NOX PM (%) (%) (psi) (°F) (°F) (%) (%) (%) (%)

Baseline: E10 certification fuel at 9 psi ...... 10.0 23.0 9.0 200 325 ...... E15 at 9 psi (splash) ...... 15.0 21.9 9.0 163 321 ¥2.5 ¥5.6 1.8 2.7 E15 at 10 psi (splash) ...... 15.0 21.9 10.0 163 321 ¥1.3 ¥8.0 1.8 2.7 Baseline: E10 market fuel at 10 psi ...... 10.0 23.0 10.0 180 320 ...... E15 at 10 psi (splash) ...... 15.0 21.9 10.0 160 316 ¥2.0 2.2 2.5 4.0 E15 at 10 psi (MOVES Fuel Wiz- ard) * ...... 15.0 21.7 10.0 167 318 ¥2.6 1.4 2.7 4.1 * The MOVES Fuel Wizard attempts to estimate how properties would change in a widespread blending scenario.

If E15 use becomes widespread in the 2. Costs for E15 RVP purchase and blend the requisite longer term, refiners may adjust the base Our proposal to allow E15 to take volumes of renewable fuels into the blendstock to accommodate the advantage of the 1-psi waiver in the petroleum-derived transportation fuels additional ethanol. During the rapid summer may help open new market they produce or import. However, to expansion of E10 blending between opportunities for E15. However, fuel allow the market to function more 2007–2012, aromatics levels were manufacturers and distributors of E15 efficiently and avoid market disruption, observed to decline by a few volume would not be compelled to make or offer in implementing the statutorily-required percent while pump octane levels E15 and could choose to offer E15 as credit program, and to assist obligated stayed constant, and octane match- dictated by market demands and parties in meeting their individual blending is understood to have been a individual business decisions. RVOs, Congress directed EPA to contributing factor.136 137 For other fuel Overall, we anticipate very little establish, through a transparent public properties, such as sulfur and benzene change in costs regarding the proposed rulemaking process, a system for the generation and use of renewable fuel content, refiner control could be relaxed regulatory provisions to allow E15 to program credits.141 The credits created slightly for E15 blendstocks with the receive the 1-psi waiver in the summer. under this program are known as RINs. finished market E15 blend still meeting This action places no new regulatory burdens on any party in the gasoline or RINs are credits that are generated upon with the regulatory limits. Moving from denatured fuel ethanol distribution production of qualifying renewable fuel E15 splash blends to match blends may system and modifies, but does not and ultimately used by obligated parties then undo some small emission remove, PTD requirements for E15. to demonstrate compliance. Renewable reductions occurring when E15 is made Hence, we expect that these proposed fuel producers and importers generate from refinery blendstocks designed for provisions would not substantially alter and assign RINs to the renewable fuel E10. the cost of compliance for parties that they produce or import. These RINs are F. E15 Economic Impacts produce and distribute E15. then transferred with the renewable fuel to the downstream parties that blend the III. RIN Market Reforms 1. Benefits for E15 RVP renewable fuel into transportation fuel. A. Overview of RFS Compliance In lieu of blending the renewable fuels We anticipate that providing the The RFS program began in 2006, themselves to demonstrate compliance, flexibility to use E15 at 10.0 psi RVP in obligated parties have the option to the summer could help incentivize pursuant to the requirements in CAA sec. 211(o) that were added through the instead purchase RINs from other retailers to introduce E15 into the Energy Policy Act of 2005 (EPAct). The parties that blend renewable fuels. marketplace. In situations where statutory requirements for the RFS The assigned RINs that accompany denatured fuel ethanol is cheaper than program were subsequently modified the renewable fuel can primarily be gasoline, parties may elect to make E15 through the Energy Independence and separated from the fuel if the fuel is more widely available, which may Security Act of 2007 (EISA), leading to purchased by an obligated party or result in a modest decrease in fuel the publication of major revisions to the blended into transportation fuel. Once prices at the pump. This could help to regulatory requirements on March 26, separated, RINs can be traded as a further the use of increased volumes of 2010.138 separate commodity from the renewable renewable fuels under the RFS program, Under CAA sec. 211(o), EPA is fuel. Obligated parties accumulate RINs which in turn could provide energy required to set renewable fuel over the course of the year, either by security benefits. percentage standards every year.139 To buying renewable fuel with assigned comply, obligated parties 140 can RINs that they separate and retain for 136 See Figure 3–4 of the Regulatory Impact compliance (and either blend the fuel Analysis for ‘‘Control of Air Pollution from Motor 138 See 75 FR 14670 (March 26, 2010). themselves or rely on others to do on Vehicles: Tier 3 Motor Vehicle Emission and Fuel 139 See, e.g., final rule establishing the RFS their behalf), or by purchasing separated Standards.’’ EPA–420–R–14–005, February 2014. standards for 2019 and biomass-based diesel RINs on the open market. All RIN 137 See Figure 65 of ‘‘Fuel Trends Report: volume for 2020 (83 FR 63704, December 11, 2018). Gasoline 2006–2016.’’ EPA–420–R–17–005. October 140 Obligated parties are refiners and importers of 2017. gasoline and diesel fuel. See 40 CFR 80.1406. 141 See CAA sec. 211(o)(5).

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transactions, including the generation of year. There are also associated final rule preamble, we summarized the RINs, RIN trades, and the retirement of registration, reporting, and comments of several parties as saying RINs to satisfy an obligated party’s recordkeeping requirements. ‘‘that unlimited trading among all RVOs, are reported to EPA using the B. RIN Market Assessment interested parties would increase EPA Moderated Transaction System liquidity and transparency in the RIN (EMTS).142 Renewable fuel producers and market,’’ and ‘‘that increasing the The annual RVOs for a given importers generate RINs by entering number of participants would facilitate obligated party are calculated by their renewable fuel production or the acquisition of RINs by obligated import information into EMTS. When a multiplying the obligated party’s total parties and promote economic renewable fuel producer or importer annual production and import of efficiency.’’ 145 gasoline and diesel fuel by four annual transfers ownership of the fuel to percent standards corresponding to the another party, the assigned RINs usually Individual transaction prices are four renewable fuel categories transfer as well. Both parties must generally not made public, but some established by Congress.143 Each report information about the RIN services, such as OPIS and Argus, offer obligated party must obtain sufficient transaction to EMTS within five days of daily price information on commodities RINs of each category to demonstrate the transfer. Parties must also report in such as RINs from a subset of parties compliance with its individual RVOs for EMTS when they separate RINs from that trade in the RIN market. The public the four annual percentage standards. fuel, when they trade separated RINs can access this information for a fee Obligated parties comply on an annual with another party, and when they retire paid to these service providers. average basis, through their annual RINs for compliance or other reasons. Recently, EPA began posting aggregated compliance report to EPA that identifies EMTS effectively acts as an electronic weekly RIN price information reported their obligation based on gasoline and platform that records RIN transactions, to EPA through EMTS on our public diesel production/import and identifies conducts RIN title transfers between website, which is updated monthly.146 the RINs acquired and retired for that parties, and maintains a RIN account RIN prices are a function of multiple year’s compliance. Thus, compliance balance for each registered party. factors, including but not limited to RINs are transacted through contracts under the RFS program requires changes in petroleum prices, or on the spot market, in bilateral trades obligated parties to understand how to agricultural feedstock (e.g., corn, soy) calculate their individual obligations directly between buyers and sellers, or facilitated by third-party brokers. EPA prices, and expectations of future based on the four percentage standards, market shifts and standards. RIN prices and then to plan for their annual designed the RIN system to operate as may also fluctuate as the market compliance demonstration through RIN a relatively ‘‘open’’ trading market in responds to RFS standards and acquisition, either through blending or order to maximize liquidity and ensure expectations of future EPA policy through trading, over the course of the a robust marketplace for RINs. For example, in establishing the original decisions. 142 Public EMTS data can be found on EPA’s trading program, EPA attempted to website at https://www.epa.gov/fuels-registration- provide as much compliance flexibility Program—Summary and Analysis of Comments.’’ reporting-and-compliance-help/public-data- as possible and did not place limits on EPA 420–R–07–006, April 2007, available at https:// www.epa.gov/sites/production/files/2015-08/ renewable-fuel-standard. the number of allowable RIN trades, nor 143 The 2019 percentage standards for cellulosic documents/420r07006.pdf. biofuel, biomass-based diesel, advanced biofuel, restrict the types of parties that could 145 See 72 FR 23944 (May 1, 2007). and total renewable fuel are 0.230%, 1.73%, 2.71%, acquire and trade RINs. Several 146 See https://www.epa.gov/fuels-registration- and 10.97%, respectively. The cellulosic and stakeholders from across the fuels reporting-and-compliance-help/rin-trades-and- biomass-based diesel standards are nested within industries supported the trading system price-information. The RIN Price dataset shows the advanced biofuel standard, which is itself 144 historical, weekly, volume-weighted average RIN nested in the total renewable fuel standard. This we finalized in 2007. In the RFS1 price data for separated RINs as reported to EPA implies a conventional renewable fuel percentage through EMTS. Price filters are applied to the data standard of 8.26%. See 83 FR 63704 (December 11, 144 See Chapter 5.4.3 of ‘‘Regulation of Fuels and set to remove outliers and data is aggregated to 2018). Fuel Additives: Renewable Fuel Standard protect confidential business information.

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While there are many different factors to E10 was economically viable for vehicles, and relatively few retail that impact RIN prices, a review of the blenders in these years. The D6 RIN stations offer these higher-level ethanol historical RIN price data demonstrates price was therefore very low, blends due to the combination of the that RIN prices generally follow approximately equal to the transaction high cost of the infrastructure upgrades expected market principles. For costs of trading RINs between parties. to enable most existing stations to sell example, in the early years of the RFS In 2013, however, the implied E85 and the low demand for E85, even program (2010–2012) D6 RIN prices (for conventional biofuel volume established among FFV owners.148 The relatively mostly corn ethanol) were generally by the RFS program exceeded the low number of stations selling E85 has only a few cents. During this time, the volume of ethanol that could be blended also hindered the competitiveness of the implied conventional biofuel volume into gasoline at a rate of up to 10 pricing of the few retail stations that do (the difference between the total percent (the E10 blendwall). To meet sell these blends. As a result, in most renewable fuel volume and the the aggregate RVOs, obligated parties cases obligated parties have turned to advanced biofuel volume and the only now needed to acquire RINs beyond additional volumes of biodiesel and volume to which D6 RINs can be those that were available from blending renewable diesel instead of E85 or other applied) could be met by blending ethanol as E10. These additional RINs higher level ethanol blends to meet their ethanol as E10. The blending of ethanol had to come from either blending implied conventional biofuel volume up to E10 was driven by economic ethanol into higher-level ethanol blends obligation and therefore their total factors rather than financial incentives (e.g., E85) or blending non-ethanol renewable fuel obligation.149 D4 (BBD) provided by the RFS program.147 First, biofuels (such as biodiesel or renewable RINs, generated for biodiesel and ethanol has a relatively high octane diesel beyond what was needed to renewable diesel, have in effect served value, and thus is attractive as a satisfy the biomass-based diesel (BBD) as a ceiling for D6 RIN prices since gasoline blendstock component. and advanced biofuel volume excess D4 RINs can be used to satisfy an Second, ethanol was cheaper on a standards). Blending ethanol into higher obligated party’s total renewable fuel volumetric (per gallon) basis than level blends, unlike the blending of obligation. As a result, the D6 RIN price gasoline during this time period, and it ethanol into E10 blends, was not an rose to just slightly below the D4 RIN was therefore economic to blend at economically viable practice in 2013 price. With a few exceptions (such as in levels up to 10 percent. Third, though (nor is it currently) absent the incentives the first half of 2017) when the total ethanol contains about one-third less provided by the RFS program (i.e., the renewable fuel obligation has been at or energy than gasoline on a per-gallon RIN price). Although ethanol has a below the E10 blendwall, the D6 RIN basis, that fuel economy difference higher octane value than gasoline, the price has generally moved in between E10 and gasoline without existing vehicle fleet in the United ethanol (E0) is relatively small States does not realize an additional 148 Pouliot, S., Liao, K.A., Babcock, B.A.; (approximately 3 percent) and is largely benefit from the higher octane level of ‘‘Estimating Willingness to Pay for E85 in the unnoticed by consumers. In light of high ethanol blends such as E85. United States Using an Intercept Survey of Flex Motorists.’’ Working Paper 16–WP 562, Center for these factors, the blending of ethanol up Further, consumers notice the decrease Agricultural and Rural Development, Iowa State in fuel economy (between 15 and 27 University, June 2018. 147 Until 2013, the price for D6 (conventional percent) in such blends. This is because 149 While biodiesel and renewable diesel remain biofuel) RINs, the vast majority of which were ethanol contains about one-third less considerably more expensive than diesel fuel, the generated for ethanol produced from corn starch, recently expired tax subsidy for them, coupled with was negligible (See Figure III.B–1). The Volumetric energy than gasoline on a per-gallon a lesser infrastructure hurdle enabled them to be a Ethanol Excise Tax Credit was also available to basis. The sale of higher-level ethanol more economical option than higher level ethanol ethanol blenders through 2011. blends is also limited to flexible fuel blends in recent years.

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conjunction with the D4 RIN price since economic fundamentals further cost of RINs in the market price of the 2013. supports this view of the D4 RIN market gasoline and diesel fuel they sell.152 D5 RIN prices similarly followed stating that ‘‘movements in the D4 RIN C. President’s Directive distinct pricing patterns prior to price at frequencies of a month or longer reaching the E10 blendwall in 2013 and are well explained by two economic Some RFS stakeholders have voiced in the years since 2013. Prior to fundamentals: the spread between the concerns regarding whether elevated reaching the blendwall, a significant biodiesel and Ultra Low Sulfur Diesel RIN prices and excessive RIN price volume of the D5 RINs were generated prices and whether the biodiesel tax volatility are being caused at least in for imported sugarcane ethanol. Since credit is in effect.’’ 151 part by some type of market sugarcane ethanol was generally more Finally, the D3 RIN price has manipulation. In comments to proposed expensive to produce than corn ethanol generally followed the combined prices EPA rulemakings, litigation filings and (driven by high world sugar prices), the of the cellulosic waiver credit (CWC) arguments, and via meetings with EPA D5 RIN price generally reflected the and the D4/D5 RIN price. Each year staff, some stakeholders have described price difference between corn ethanol since 2010, we have reduced the conditions that they believe make the and sugarcane ethanol during this time required volume of cellulosic biofuel RIN market vulnerable to anti- period. When the E10 blendwall was from the statutory volumes using the competitive behavior. For example, reached in 2013 it became much more cellulosic waiver authority set forth in commenters have described a thin expensive to blend additional volumes CAA sec. 211(o)(7)(D). When EPA takes market volume, opaque price signals, of ethanol (both for corn ethanol and this action, the statute requires that we and inelastic demand and supply curves sugarcane ethanol) since additional make CWCs available for purchase to and have provided specific examples of ethanol had to be sold in higher-level obligated parties at a price determined behavior they find manipulative, such ethanol blends. As a result, the primary using a formula given in the statute. as phantom RIN offers that suddenly fuels used to satisfy the implied volume CWCs can be used to satisfy an vanish and reappear at higher prices of ‘‘other advanced’’ biofuels (the obligated party’s cellulosic biofuel after a party attempts to buy them at the remaining advanced biofuel volume obligation, but unlike a D3 (or D7) RIN, purported asking price.153 These after subtracting the required volumes of a CWC cannot be used towards stakeholders also speculate that, as a BBD and cellulosic biofuel) in 2013 and satisfying an obligated party’s advanced result of market conditions and price the following years have been biodiesel biofuel or total renewable fuel volatility, anti-competitive behavior is and renewable diesel. The D5 RIN price obligations. Thus, a D3 RIN has the taking place. For example, commenters in these years has followed the D4 RIN ‘‘compliance equivalency’’ of a CWC have argued that a small number of price, with the few cents difference plus a D5 (or D4) RIN. As expected, the sophisticated market participants between the two RIN prices reflecting D3 RIN price has generally been slightly control a large number of ‘‘surplus’’ the fact that, unlike D4 RINs, D5 RINs less than the sum of the CWC price and RINs that they hoard and use to squeeze can only be used towards an obligated the D4/D5 RIN price. This price point the market. party’s advanced biofuel and total reflects the compliance certainty that We take these claims of market renewable fuel obligations (and not the the CWC offers (CWCs cannot later be manipulation seriously and have taken BBD obligation). determined to be invalid) as well as the formal action previously to investigate As with D6 and D5 RIN prices, D4 fact that CWCs can simply be purchased claims of manipulation. In March 2016, RIN prices generally follow expected directly from EPA at the compliance EPA entered into a Memorandum of market fundamentals. D4 RIN prices are deadline rather than purchased in Understanding (MOU) with the generally equal to the difference relatively small quantities from biofuel Commodity Futures Trading between the market prices of biodiesel 154 producers or blenders. Commission (CFTC). Under the and petroleum diesel, after accounting Obligated parties that purchased RINs MOU, we provided CFTC with certain for the biodiesel tax credit. For each on the market for compliance in 2013 RIN data for analysis in order to year from 2010 through 2017, a $1 per saw their D6 RIN prices substantially facilitate an EPA investigation. gallon biodiesel blenders tax credit from increase from the year prior (see Figure Although we have yet to see data- the Internal Revenue Service has also III.B.1). Though this increase in D6 RIN based evidence of RIN market been available. In some years, such as prices was the result of structural manipulation, the potential for such 2013 and 2016, this tax credit was changes in the market, as described behavior is a concern, and we have available prospectively (i.e., the tax above, increasing D6 RIN prices did already formally solicited comment credit was in place throughout the year). raise concerns regarding whether market from stakeholders on potential changes In other cases, such as in 2012 and manipulation played some role in that might address such issues. In the 2017, the tax credit was only available elevated prices. Some RFS stakeholders 2018 RVO proposal, we broadly sought retroactively (i.e., the tax credit was not petitioned EPA to change the definition input on potential regulatory changes extended until near the end of the year of obligated party, arguing in part that related to RIN trading as well as on or after the year had ended but applied the current point of obligation facilitates ways to increase program to all qualifying biodiesel and price manipulation. In response to those renewable diesel blended in that year). 152 See ‘‘Denial of Petitions for Rulemaking to The biodiesel blenders tax credit has not petitions, EPA conducted an extensive analysis of RIN prices and market Change the RFS Point of Obligation’’ (2017), yet been extended to 2018 or 2019 by available at https://nepis.epa.gov/Exe/ZyPDF. Congress.150 For years in which the dynamics. After studying the data, we cgi?Dockey=P100TBGV.pdf. biodiesel tax credit was not in place concluded that RIN prices generally 153 See, e.g., comments from Monroe Energy reflected market fundamentals and that (Docket Item No. EPA–HQ–OAR–2018–0167–0622). prospectively, the D4 RIN prices 154 See ‘‘Memorandum of Understanding Between generally reflected the market’s obligated parties (including parties that purchase separated RINs) recover the the Environmental Protection Agency and the confidence that the tax credit would Commodity Futures Trading Commission on the ultimately be applicable. A recent paper Sharing of Information Available to EPA Related to 151 Irwin, S.H., K. McCormack, and J.H. Stock the Functioning of Renewable Fuel and Related investigating the price of D4 RINs and (2018). ‘‘The Price of Biodiesel RINs and Economic Markets’’ (2016), available at https://www.epa.gov/ Fundamentals,’’ NBER Working Paper Series, sites/production/files/2016-03/documents/epa-cftc- 150 As of February 28, 2019. Working Paper 25341. mou-2016-03-16.pdf.

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transparency.155 We received comments ideas and offered others for our such anti-competitive behaviors to from stakeholders suggesting a number consideration while some commenters occur, it could undermine the of regulatory changes related to who opposed both the specific reform confidence of market participants in the may purchase RINs, the duration for proposals and the general concept of RIN market and undermine the RFS which RINs could be held, and other interfering with the open RIN market in program itself. Consequently, in this potential requirements related to the any way. Summaries of, and responses action, we are proposing regulatory buying, selling, or holding of RINs. We to, those comments are included changes based upon the President’s also received a number of suggestions throughout this action as we explain the Directive that could help prevent anti- for increasing the amount of data related rationale behind the proposals we are competitive behavior. For each reform, to the RIN market that we make publicly making today. we evaluated comments already available. We evaluated these ideas, and On October 11, 2018, President submitted to EPA describing its in the 2019 RVO proposal, we listed Trump issued a White House advantages and disadvantages. We also those that were under consideration for statement 157 explaining that EPA was evaluated how a reform could be implementation at that time, including: being directed to initiate a rulemaking designed and implemented, whether a Prohibiting parties other than obligated to address RIN price manipulation reform could be gamed or have parties from purchasing separated RINs; claims and increase transparency in the unintended consequences, and what requiring public disclosure if a party RIN market. Specifically, the potential burden and cost it could place holds a certain percentage of the RIN memorandum directs EPA to consider on regulated parties and on EPA. In market; requiring obligated parties to potential reforms to the RIN regulations, Section III.E, we describe our evaluation retire RINs for compliance purposes on including but not limited to the in detail for each reform, including a more frequent basis; and publicly following proposals: sharing comments received from posting information on RIN prices, • Prohibiting entities other than stakeholders on similar market reform small refinery exemptions, and RIN obligated parties from purchasing ideas solicited in prior rulemakings. holdings by different categories of separated RINs. EPA designed the RIN system and entities.156 We requested comment on • Requiring public disclosure when regulations to maximize compliance the expected impact that these specific RIN holdings held by an individual flexibility and market liquidity. We changes could have on the RIN market, actor exceed specified limits. realize that new market restrictions either positively or negatively. • Limiting the length of time a non- could impact that flexibility and We received many comments in obligated party can hold RINs. liquidity. For example, we note the support of publicly posting more RFS • Requiring the retirement of RINs for numerous comments received on the program data. In response, in September the purpose of compliance be made in 2019 RVO rule stating that changes to 2018, we began publishing weekly real time. the RIN market structure could reduce aggregated RIN prices, as reported in Pursuant to this directive, we are liquidity, increase volatility, and make EMTS by sellers and buyers, as well as proposing these reforms. the RIN market function less efficiently, weekly aggregated transaction volumes. D. Objectives increasing costs to obligated parties and We believe publishing as much data and consumers.159 In addition, a white information on the RIN market as We are interested in ensuring that the paper on the President’s Directive possible, while still protecting RIN market works efficiently and is free recently released by the American confidential business information, of anti-competitive behavior. We affirm Petroleum Institute (API) cautions that improves market transparency and that price manipulation through anti- ‘‘the proposed regulatory changes are helps obligated parties and other market competitive behavior, similar to what is likely to create additional significant participants make informed decisions. referred to as cornering or squeezing the problems of their own’’ and that We also believe that these data can market, and false or misleading ‘‘history suggests that regulatory reduce information asymmetry among representations in transactions, is agencies should be extremely cautious market participants increasing antithetical to effective market operation in changing established rules in confidence in the market. In addition, and should be discouraged.158 Were regulated markets.’’ 160 Interested we began publishing information on stakeholders have also suggested that small refinery exemption requests 157 See ‘‘President Donald J. Trump is Expanding some reforms could impact the ability of received and granted by EPA and the Waivers for E15 and Increasing Transparency in the RIN Market’’ Fact Sheet, available at: https:// small, less recognized, or new volumes of gasoline and diesel fuel www.whitehouse.gov/briefings-statements/ renewable fuel producers and blenders exempted. This helped all obligated president-donald-j-trump-expanding-waivers-e15- to enter the market. Finally, we parties account for the potential volume increasing-transparency-rin-market. understand that some reforms could exempted under these provisions and 158 Such behaviors may also violate the anti-fraud and anti-manipulation provisions of the Commodity inadvertently affect otherwise legitimate make adjustments to their compliance Exchange Act. See, e.g., Section 9(a)(2) of the CEA, market behavior. For example, parties strategies accordingly. 7 U.S.C. 13(a)(2) (2012), states that it is a felony for that make a profit on the RIN market are We also received a wide variety of ‘‘Any person to manipulate or attempt to not necessarily conducting comments regarding the other ideas we manipulate the price of any commodity in interstate put forth for comment in the 2019 RVO: commerce . . . or to corner or attempt to corner any such commodity or knowingly to deliver or cause manipulative or deceptive device or prohibiting parties other than obligated to be delivered for transmission through the mails contrivance. . . .’’ parties from purchasing separated RINs, or interstate commerce by telegraph, telephone, 159 See, e.g., comments to the 2019 RVO rule from requiring public disclosure if a party wireless, or other means of communication false or Steptoe & Johnson LLP on behalf of the National holds a certain percentage of the RIN misleading or knowingly inaccurate reports Association of Convenience Stores (NACS) and the concerning crop or market information or Society of Independent Gasoline Marketers of market, and requiring obligated parties conditions that affect or tend to affect the price of America (SIGMA), BP, and American Petroleum to retire RINs for compliance purposes any commodity in interstate commerce.’’ Section Institute (API) in Docket No. EPA–HQ–OAR–2018– on a more frequent basis. Some 6(c)(1) of the CEA, 7 U.S.C. 9(1) (2012), titled 0167. commenters expressed support for these Prohibition against manipulation, states that ‘‘it 160 See ‘‘An Analysis of the Renewable Fuel shall be unlawful for any person, directly or Standard’s RIN Market’’, Covington & Burling LLP, indirectly, to use or employ, or attempt to use or February 15, 2019, available at https://www.api.org/ 155 See 82 FR 34206 (July 21, 2017). employ, in connection with . . . a contract of sale ∼/media/Files/Policy/Fuels-and-Renewables/2019/ 156 See 83 FR 32024 (July 10, 2018). of any commodity in interstate commerce . . . any RIN-market-paper.pdf.

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manipulative or anti-competitive the reforms provide, or detract from, also proposing that the RIN holdings of behavior and may very well be symmetry in the marketplace, so that corporate affiliates be included in a increasing market efficiency and one set of actors is not advantaged at the party’s calculations to determine if they liquidity with their actions. Therefore, expense of another set operating in the trigger a threshold. The definition of we have taken into consideration the same market. corporate affiliate, calculation of the potential for reforms to harm the RIN thresholds and specifics of the reporting 1. Reform One: Public Disclosure if RIN market in this proposed action. requirements are discussed in more Holdings Exceed Certain Threshold We are proposing regulatory changes detail below. in this action for all four reforms The first potential reform from the The purpose of putting into place a identified in the President’s Directive President’s Directive that we address in disclosure requirement is twofold: first, and request comments on both the this action is a requirement for public to provide transparency in the market positive and negative consequences of disclosure when a party’s RIN holdings regarding how often certain RIN each reform. We intend to finalize the exceed a certain threshold. The position thresholds are reached and reforms that we conclude are beneficial fundamental concept underpinning this exceeded, and second, to disincentivize for the RFS program, the RIN market, reform is that increased transparency such behavior by requiring public and the RFS stakeholders, and do not can help deter market actors from disclosure. If the threshold were ever impose unnecessary burden. For all four amassing an excess of separated RINs, exceeded, public disclosure would alert reforms outlined in this action, we focus which due to the concentration in market participants and where on separated RINs only; we believe the ownership of available supplies could appropriate prompt a closer review of physical storage limitations faced by result in undue influence or market the circumstances by EPA. Were the renewable fuel already reduce the power. This reform could also let threshold to be exceeded, we could then opportunity for price manipulation of market participants know the consider further actions to investigate assigned RINs and that the existing underlying status of the market. A for anti-competitive behavior and help regulations at 40 CFR 80.1428 already concentration of separated RINs, if prevent similar behavior in the future. include anti-hoarding provisions for sufficiently large in scope, could be We seek comment on what those further RINs attached to renewable fuel. used by a party to manipulate the actions might entail, including actions Furthermore, for each of the four market by artificially affecting prices in to address concerns within the broader reforms, we evaluate whether we should any direction. The most extreme RIN market generally. limit the proposed regulatory provision examples of market power are It is important to emphasize that we to D6 RINs only. Stakeholder concerns monopolies, but concentration can be a use the term ‘‘threshold’’ in this over market manipulation focused concern even for markets with many proposed regulatory modification to mainly on D6 RINs because, as participants when only a few control the mean a level that may be exceeded, with described in Section III.B, in 2013 the majority of available supply at any given only a disclosure consequence if overall demand for RINs increased due point in time. exceeded. We use the term ‘‘limit’’ in to the increased RVO set in the statute In this action, we are proposing to set this action to mean a level that may not while the supply of D6 RINs remained two thresholds that would work in be exceeded, with a potential nearly flat due to the E10 blendwall.161 tandem to identify parties that have enforcement consequence if exceeded. D6 RINs are also the predominant RIN amassed RINs in excess of normal As an alternative to the RIN holding type generated, and therefore impacts business practices, which could indicate thresholds we are proposing, we seek on D6 RIN prices have much larger an intent to assert an inappropriate comment on establishing a RIN holdings consequences for obligated parties than influence on the market. These limit, whereby we would prohibit impacts on the prices of other RIN thresholds would apply to holdings of parties from holding more than a certain types.162 For each reform discussed in separated D6 RINs only. The first level of RINs. Other marketplaces have Section III.E, we explain whether it is threshold would be triggered if a party’s established such limits, and we discuss feasible to propose that the reform apply end-of-day separated D6 RIN holdings the distinction, as well as the reasons to D6 RINs only and our rationale. We exceeded three percent of the total for pursuing the threshold/disclosure seek comment on narrowing the scope implied conventional biofuel volume approach, below. We seek comment on of the proposals in this action to D6 requirement (e.g., 15 billion gallons for this alternative proposal and on the RINs only. compliance year 2018) set for that year issue generally. by EPA in the RVO rule, which is the Regulatory bodies supervising E. Proposed Approach to Individual total renewable fuel volume markets regularly take measures to Regulatory Reforms requirement minus the advanced fuel prevent excessive market power, and it For each potential reform, we discuss volume requirement. A party without an is useful when considering new the basic concept, its implications for RVO (a non-obligated party) that regulations in the RIN market to assess the program and marketplace, the scope triggered the first threshold would the tools used in other comparable and design of the specific regulatory notify EPA of an exceedance at the end areas. Tools used in other markets to modification in question, and other of the quarter. An obligated party that accomplish similar market power- relevant details. Broadly speaking, EPA triggered the first threshold would apply limiting objectives include collecting is interested not only in comments on the second threshold by comparing its market participant data, conducting specific individual reforms, but also on end-of-day separated D6 RIN holdings market surveillance, publicly disclosing how the various reforms might work in with 130 percent of its individual market information, and restricting the combination, and the degree to which implied conventional RVO. Only activity of certain market participants. obligated parties that triggered both the Physical commodity markets are not 161 We acknowledge that the stock of D6 RINs has first and second thresholds would notify typically regulated with holdings fluctuated over time due to market shifts, EPA EPA of an exceedance at the end of the thresholds or limits, however, because actions, and other factors, and that a larger stock of quarter. In this action, we are proposing the physical restrictions to hoarding, RINs puts downward pressure on RIN prices. 162 According to data from EMTS approximately to publish on our website on a quarterly like limited physical storage space, 78 percent of all RINs generated in 2018 were D6 basis the names of any parties that obviate the need for regulatory RINs. report exceeding the thresholds. We are restriction and oversight. Rather,

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holding thresholds and limits are EPA’s Acid Rain Program168 nor b. Scope usually reserved for futures and California’s Low Carbon Fuel Standard As discussed in Section III.D, for each derivative markets where such physical (LCFS) 169 has limits or thresholds on of the four potential reforms, we constraints do not serve as a check on allowance or credit holdings, and we are evaluated whether we could limit the market concentration. For example, the unaware of any state Renewable scope of the measure to D6 RINs. For CFTC currently maintains limits on the Portfolio Standard (RPS) program 170 this provision of publicly disclosing 163 number of open positions that parties that enforces a renewable energy credit when a party exceeds a RIN holding can take at a given time in nine holding threshold or limit. threshold, we concluded that we could agricultural markets.164 Other entities a. Implications and Discussion limit its scope to D6 RINs without registered with the CFTC, called compromising its intended effect. Also, Exchanges, impose and enforce position We believe that requiring public we believe that we can practically limits on a large number of remaining disclosure by parties that exceed a design and propose a maximum D6 RIN futures and options. holding threshold without setting one RINs do not fall neatly into either certain RIN holding threshold could prove beneficial for the market as a for D3, D4, or D5 RINs. Not only have category; they are neither limited by D6 RINs raised the most stakeholder physical storage space nor a derivative. whole. It could disincentivize parties from gaining market power, signal concern, as discussed above, but the In looking for analogs in other regulated nested nature of the RVOs and the markets, it is therefore helpful to see potentially harmful behavior to competitors, regulators, and policy unique characteristics of other RIN how other environmental allowance markets (e.g., D3) would make covering markets operate for purposes of makers, and be used to justify stronger preventative actions. However, this all RIN categories considerably more comparison. For this action, we looked complicated. As also discussed in at other environmental credit programs reform could also have detrimental effects, especially if not designed Section III.D, we are further limiting our and their markets to better understand proposal of this measure to separated options for the RIN market and found properly. Excess market power is very difficult to quantify in any given market, RINs because we believe the physical that different markets operate with storage limitations faced by renewable different approaches. For example, the even if regulators have perfect knowledge of all market conditions. A fuel already reduce the opportunity for California Air Resources Board (CARB) price manipulation of assigned RINs enforces an allowance holding limit in real risk exists of setting a RIN holding threshold in this rulemaking incorrectly. and that the existing regulations at 40 the California Cap-and-Trade Program CFR 80.1428 already include anti- for greenhouse gas emissions; 165 the If a threshold is set too low, it could unnecessarily compromise market hoarding provisions for RINs attached to Regional Greenhouse Gas Initiative renewable fuel. Finally, we are 166 efficiency and liquidity and interfere (RGGI) enforces a credit purchasing proposing that this threshold cover any limit in the RGGI cap-and-trade program with obligated parties’ ability to comply with regulations by disincentivizing vintage D6 RINs that are available for credit auctions; and the Government of compliance with the current year RVO. Canada enforced a limit in its Federal them from holding the necessary We seek comment on these proposed Renewable Fuels Regulations on the quantity of RINs to meet their RVO. We aspects of this reform. number of compliance credits a primary therefore believe that a threshold with a supplier can own at the end of each consequence of public disclosure is c. Methodology for the RIN Holding month.167 On the other hand, neither appropriate rather than a holding limit Threshold 171 with an enforcement consequence. A In this action, we are proposing to set 163 threshold serves as a deterrent and An open position refers to a contract for the two holding thresholds. As stated above, purchase or sale of a commodity fur future delivery. warning bell without the risk of it is extremely difficult to pinpoint a See CFTC Regulation 150.2, 17 CFR 150.2 (2012), unnecessarily causing harm. We also available at https://ecfr.io/Title-17/se17.2.150_12. specific market share that would equate believe that, in the face of insufficient 164 See CFTC Regulation 150.2, 17 CFR 150.2 to concerning market power. Therefore, evidence of any identified parties (2012), available at https://ecfr.io/Title-17/ we approach this reform by instead se17.2.150_12. currently exhibiting what might be estimating the holding level that we 165 More information on California’s Cap and considered excessive market power, believe would be consistent with Trade program can be found at https://www.arb. public disclosure is an appropriate first ca.gov/cc/capandtrade/capandtrade.htm. legitimate market needs. We recognize action. EPA could follow up with more Information about the allowance holding limit can that legitimate holdings for obligated be found in ‘‘Facts About Cap and Trade: Market restrictive measures later if warranted parties relate to the number of RINs they Oversight and Enforcement’’ (2011), available at and seeks comment on what follow-up https://www.arb.ca.gov/cc/capandtrade/market_ need for compliance with their RVO, so actions might be appropriate. oversight.pdf. we logically conclude that an obligated 166 The Regional Greenhouse Gas Initiative (RGGI) The following sections outline the party threshold should relate to its RVO. is a cooperative effort among the states of Connecticut, Delaware, Maine, Maryland, various considerations we made in We also recognize that non-obligated Massachusetts, New Hampshire, New York, Rhode designing this proposed measure. parties have no RVO and require a Island, and Vermont to cap and reduce CO2 different threshold methodology. Non- emissions from the power sector. More information 168 More information on EPA’s Acid Rain Program on RGGI can be found at https://www.rggi.org. obligated parties have less need to hold can be found at https://www.epa.gov/airmarkets/ Information about the credit purchasing limit can RINs than obligated parties because they acid-rain-program. be found in ‘‘CO2 Allowance Auctions Frequently have no compliance use for them, so we 169 More information on California’s LCFS Asked Questions’’ (2017), available at https:// believe their threshold should generally www.rggi.org/sites/default/files/Uploads/Auction- Program can be found at https://www.arb.ca.gov/ Materials/38/RGGI_CO2_Allowance_Auction_ fuels/lcfs/lcfs.htm. be set lower. Thus, we believe one lower FAQs_Jan_10_2017.pdf. 170 An RPS is a regulatory method mandating threshold that covers everybody and a 167 More information on Canada’s Federal utility companies operating within a certain second higher threshold that adjusts to Renewable Fuel Regulations, including about the jurisdiction to increase production of energy from the compliance needs of obligated credit limit, can be found in ‘‘Questions & Answers renewable resources. More information on RPS on the Federal Renewable Fuels Regulations’’ programs can be found in ‘‘Chapter 5. Renewable (2012), available at https://www.canada.ca/en/ Portfolio Standards’’ of ‘‘EPA Energy and 171 We refer to the threshold in the singular in the environment-climate-change/services/canadian- Environment Guide to Action’’ (2015), available at title to describe the overall policy, but as described environmental-protection-act-registry/publications/ https://www.epa.gov/sites/production/files/2017- in this section, we are actually proposing a dual revised-questions-answers-renewable-fuels.html. 06/documents/guide_action_full.pdf. threshold approach.

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parties together would adequately markets are granted by the CFTC or threshold in the first quarter of the year constrain a market with a very wide Exchanges on a case-by-case basis to should be 125 percent of the other range of participants. Both non- parties that demonstrate valid months because parties may need to obligated parties and obligated parties commercial stakes in the underlying hold RINs for two overlapping RVOs in would be held to similar incentives. physical market.173 In addition, parties that quarter rather than just one. In our We are proposing a primary D6 RIN that are covered by the cap and have an hypothetical example, this would holding threshold for all RIN-holding emissions compliance obligation under amount to three percent of 18.75 billion parties relative to the implied the California Cap-and-Trade Program D6 RINs, or 562.5 million D6 RINs. We conventional biofuel volume are allowed to hold more allowances propose that a party’s RIN balance at the requirement finalized by EPA each year. than parties not covered by the cap. end of each day in EMTS would be We determine the implied conventional While all parties participating in the combined with any RINs in pending biofuel volume requirement by California Cap-and-Trade Program are trades at the end of the day. We seek subtracting the advanced fuel volume subject to the same fixed annual holding comment on this approach. requirement from the total renewable limit, parties with a compliance To determine the primary threshold of fuel volume requirement because D6 obligation qualify for a limited three percent, we considered thresholds RINs can only be used to meet the exemption from the holding limit. in other programs as well as an analysis implied conventional biofuel portion of Allowances placed in a covered entity’s of RFS RIN holdings. We looked at the the total RVO. For example, if the compliance account (from which the linked cap-and-trade programs implied conventional biofuel volume entity can no longer remove or trade implemented by California and Quebec requirement were 15 billion in a given allowances) up to the limited exemption as examples. They use a formula that year, a certain percentage of 15 billion do not count against the holding limit. calculates a holding limit of about three would be the primary threshold for that The limited exemption is based on percent of their combined annual year. A threshold relative to the volume lagged values of the entity’s reported allowance budgets every year.175 Based requirement adjusts over time to the size emissions and is large enough to cover on our discussions with CARB of the annual standard rather than to the the entity’s cumulative emissions concerning the implementation and number of RINs in the market. The obligations. This ensures that entities effectiveness of that threshold, we are benefit of this approach is that the with compliance obligations greater proposing a similar level. We therefore volume requirement does not change, so than the holding limit can still acquire conclude that a holding limit or parties know exactly what level to avoid and hold compliance instruments to threshold of three percent of an at all times. This approach is similar to comply with their obligations.174 We allowance or credit standard can the calculation of the allowance holding seek comment on the general concept of identify parties which have acquired limit used in the linked cap-and-trade a secondary threshold for obligated RIN holdings larger than necessary for programs implemented by California parties in the RFS program. normal business operations and which and Quebec.172 may indicate an effort to assert In this action, we are proposing to set d. Setting the Primary Threshold inappropriate market power. To help a secondary threshold for obligated We are proposing that all RIN-holding inform our assessment of a three-percent parties. We recognize that larger parties would be subject to a primary threshold, we conducted a screening obligated parties with large RVOs have threshold for disclosure. We are analysis using individual-level data to valid reasons to accumulate and hold a proposing one approach to calculating evaluate historical market shares. volume of RINs that might exceed the the primary threshold that adjusts Specifically, we looked at daily D6 RIN primary threshold, not only to meet depending on how many RVOs are in holdings aggregated by company their next annual compliance obligation effect. For anytime between April 1 and between April 1, 2017 and April 1, but also to bank additional RINs for December 31, when only one set of 2018, compared to the overall market. compliance with the following year’s annual RVOs is in effect, we are For simplicity, we looked at D6 RINs of obligation. As explained in Section proposing that the primary threshold all vintages. Using our proposed III.D, many instances of RIN would equal three percent of the annual equations for the primary threshold, we accumulation are legitimate and are not implied conventional biofuel volume found that in that one-year period, 13 related to price manipulation, making it requirement established by EPA in a out of 126 obligated parties would have that much harder for regulators to rule promulgated each year to set the exceeded the three percent primary pinpoint the instances of RIN annual renewable fuel standards. In our threshold. None of the 280 non- accumulation that are not based on hypothetical example, this would obligated parties that held separated D6 amount to three percent of 15 billion D6 RINs in that time period exceeded the legitimate commercial or compliance 176 needs. For example, parties that RINs, or 450 million D6 RINs. For three percent primary threshold. We seek comment on the general anticipate an increase in the price of anytime between January 1 and March approach of setting the primary D6 RIN RINs and/or the quantity of RINs they 31, when two sets of annual RVOS are holding threshold relative to the will need for compliance purposes in in effect, we are proposing that the primary threshold would be three implied conventional biofuel volume future years may choose to acquire RINs requirement and the specific application percent of 125 percent of the annual beyond their needs for the current year of a three-percent threshold. We also implied conventional biofuel volume for use in the following year. Therefore, seek comment on the actual thresholds requirement. We are proposing that the we recognize that the threshold would that this calculation generates, whether have to somehow account for and allow it is appropriate, and whether it could 173 A position limit refers to a limit on the RINs held to meet compliance harm any market participants and, if so, obligations. For example, exemptions to number of contracts for the purchase or sale of a commodity for future delivery a party can hold. See position limits in futures and options CFTC Regulation 150.2, 17 CFR 150.2 (2012) at 175 See calculation in the memorandum, https://ecfr.io/Title-17/se17.2.150_12. ‘‘California and Quebec Holding Limit 172 See ‘‘Facts About Holding Limit for Linked 174 See ‘‘Facts About Limited Exemption from the Percentages,’’ available in the docket for this action. Cap-and-Trade Programs’’ (September 14, 2018), Holding Limit’’ (December 1, 2017), available at 176 See calculation in the memorandum, available at https://www.arb.ca.gov/cc/ https://www.arb.ca.gov/cc/capandtrade/limited_ ‘‘Threshold Calculations for D6 RIN Holding capandtrade/holding_limit.pdf. exemption.pdf. Parties,’’ available in the docket for this action.

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how. We also considered setting two is not a holding limit or threshold per could potentially command market primary thresholds, one for obligated se, it is a limit that relates to preventing power with the potential to artificially parties set at three percent and a lower a party from establishing undue market influence price. For obligated parties, one for non-obligated parties set at one power. Therefore, if we were to choose however, a second test would be needed percent (an obligated party would still this approach to setting a threshold in to evaluate their holdings against their apply the secondary threshold if it the final rule, we would consider a D6 compliance obligation because that exceeded its primary threshold). In our RIN holding threshold at or around 25 could explain their sizeable holdings. hypothetical example, a one percent percent of total available D6 RINs. In For the secondary threshold, we are threshold would amount to 150 million our screening analysis, we compared proposing that an obligated party would RINs from April 1 to December 31 and maximum individual end-of-day D6 RIN compare its implied conventional 188 million RINs from January 1 to holdings in every quarter between 2013 biofuel RVO to its D6 RIN holdings of March 31. We considered this approach and 2018 to total available D6 RINs in all vintages, on a daily basis. If the D6 because a one percent primary threshold that quarter. We looked at all, non- RIN holdings are more than 130 percent for non-obligated parties could expired D6 RINs regardless of the year of the implied conventional biofuel potentially meet the objectives outlined in which they were generated.179 We RVO on any day, the obligated party in Sections III.E.3 and III.E.4 in a found that the maximum market share would trigger the public disclosure simplified and more streamlined way over that entire time period, by any requirement. We are proposing one than the various reforms proposed in individual RIN holder, was 18 percent. approach to calculating the secondary those sections. In our screening In other words, on one day, one party threshold that adjusts depending on analysis, we found that two non- held 18 percent of the 9.9 billion D6 how many RVOs are in effect. We want obligated parties would have exceeded separated RINs available on that day. In to account for the fact that, generally, an the one percent threshold during the that particular case, an obligated party obligated party holds more D6 RINs in time period analyzed, though we did hit the 18-percent level in the first the first three months of the year when not consider whether the parties were quarter of 2017, at a time when other it is preparing to retire for the prior affiliated with an obligated party, as obligated parties were retiring hundreds year’s obligation while also described below.177 We seek comment of millions of RINs in single EMTS accumulating RINs for the current year’s on this considered approach of limiting transactions for the upcoming obligation. non-obligated parties using just one compliance deadline. This activity For days between April 1 and reform, a lower primary threshold of dropped the total available RINs in the December 31, an obligated party would one percent. market suddenly and drastically. Setting multiply its gasoline and diesel aside those periods of time where production and import volume from the We considered but are not proposing prior year by the difference between the setting a threshold relative to total significant and sudden RIN retirements were occurring, the maximum level of renewable fuel percentage standard separated D6 RINs available in the from the prior year and the advanced market. The downside of this approach D6 RINs that any one party held at a time was between 10 and 14 percent of fuel percentage standard from the prior is that the quantity of total available year. It would also account for any RINs changes continuously, and it is not all D6 RINs.180 These figures are commensurate with the gasoline and deficit volume it carried over from the possible for market participants to know prior year. See the proposed equations what it is at every moment. This makes diesel production market share of the largest refiners. We seek comment on at 40 CFR 80.1435 for more detail on it difficult to calculate the threshold at this proposed approach. our proposal to set the primary any given time. Another downside of For days between January 1 and threshold relative to the annual implied this approach is that it uses all March 31, an obligated party would unretired, separated D6 RINs as a proxy conventional biofuel volume multiply its gasoline and diesel for available D6 RINs because that is the requirement and on the alternative production and import volume from the best information that either the market approach considered but not proposed. prior year by 125 percent of the or EPA has. If a party were to keep D6 e. The Secondary Threshold difference between the renewable fuel RINs off the market, as is alleged by percentage standard from the prior year If a RIN-holding party exceeded the some parties, then our proxy would and the advanced fuel percentage primary threshold, it would indicate become an overestimate of the actual standard from the prior year. It would that its D6 RIN holdings were a sizeable number of D6 RINs available. Thus, this also account for any deficit volume it share of the market. For parties with no approach would underestimate a party’s carried over two years ago to the prior RVO, this would signal a position that market share. In considering this year. See the proposed equations at 40 approach, we also could not find a CFR 80.1435 for more detail on this Auction-Materials/38/RGGI_CO2_Allowance_ universal standard for the level of Auction_FAQs_Jan_10_2017.pdf. proposed approach. We are proposing market share that constitutes an 179 CAA sec. 211(o)(5) requires that EPA establish that obligated parties who triggered the inappropriate or concerning level of a credit program as part of its RFS regulations, and primary threshold would conduct this market power. The only example we that the credits be valid to show compliance for 12 secondary threshold calculation at least could find of another environmental months as of the date of generation. EPA quarterly using daily RIN holding levels implemented this requirement through the use of credit program that implements a RINs, which can be used to demonstrate and implied conventional biofuel RVOs. market share limit is the RGGI program, compliance for the year in which they are generated We also considered requiring the which applies a 25-percent limit to the or the subsequent compliance year. Obligated calculations at the end of the number of credits a party can purchase parties can obtain more RINs than they need in a compliance year when the actual annual 178 given compliance year, allowing them to ‘‘carry at a single credit auction. Though this over’’ these excess RINs for use in the subsequent RVO becomes known. For example, on compliance year, although use of these carryover March 31, when a large obligated party 177 See calculation in the memorandum, RINs is limited to 20 percent of the obligated party’s reports to EPA its actual gasoline and ‘‘Threshold Calculations for D6 RIN Holding RVO. diesel production and import volume Parties,’’ available in the docket for this action. 180 The full analysis is detailed in the 178 and its RVOs for the prior year, it could See ‘‘CO2 Allowance Auctions Frequently memorandum, ‘‘Daily Comparison of Individual Asked Questions’’ (January 10, 2017), available at RIN Holdings to Total Available RINs,’’ available in also evaluate its daily D6 RIN holdings https://www.rggi.org/sites/default/files/Uploads/ the docket for this action. against the implied conventional biofuel

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RVO for the year. The downside to this f. Aggregating RIN Holdings holding thresholds for reporting, we approach is that the red flag for Market power can be applied in an would intend to require that the RIN potentially problematic market power anti-competitive way when a party holdings of all parties affiliated by could come long after the excessive RIN controls a sufficiently large share of corporate ownership would holding level occurs, in some cases over available supply, in this case separated nevertheless still be aggregated together. In order to propose a definition for the a year later. This delay between the RIN D6 RINs. As already described, we are term ‘‘corporate affiliate,’’ we reviewed holding level and public disclosure of proposing in this action to require a RIN how other environmental credit the exceedance would decrease the holding reporting threshold on at least programs define and apply this concept. effectiveness of the reform and hamper each individual entity registered to California’s Cap-and-Trade Program its intended purpose of deterrence and transact RINs in EMTS. However, two applies a shared, single allowance market notification. Therefore, we are individual entities with independent holding limit to entities and their direct not proposing such an option. We seek registration profiles in EMTS may be corporate associations, which they comment on the quarterly interval affiliated and may have control over generally define as when one entity has proposed. We chose 130 percent each other’s RIN holdings and each more than 50-percent ownership in because it allows for holdings of 100 other’s actions. For example, two another entity or when two entities percent of their implied conventional entities may be subsidiaries of the same share a common parent (i.e., when there biofuel RVO, 20 percent for banking, parent company or one entity may be is a common entity of which the two and 10 percent for additional flexibility the official financial asset trading arm of entities are subsidiaries). In addition, and uncertainty. This flexibility would, the other. In each of these cases, each the California Cap-and-Trade Program for example, cover potentially invalid entity may have control over a larger requires that entities report, when D6 RINs that may not be sold or retired RIN holding than its individual EMTS requested, information related to according to the existing part 80 account would suggest. indirect corporate associations, which regulations. With the secondary In addition, we note that a RIN they define as ownership of more than threshold in place, an obligated party holding threshold applied to individual 20 percent but less than or equal to 50 with end-of-day D6 RIN holdings in a parties, without regard to their percent.183 For the RGGI program given quarter below the primary affiliations, would create a large gaming auction purchase limit, corporate threshold would not trigger public opportunity. One party that wanted to association occurs when one applicant disclosure, while an obligated party gain market power but evade the RIN has more than 20-percent ownership in with D6 RIN holdings above the primary holding reporting threshold provision another applicant or when one party has threshold would conduct a second test could spin-off various subsidiaries that 20-percent ownership in two applicants against 130 percent of their implied would each hold RINs below the (parent company).184 conventional biofuel RVO to date to reporting threshold. It is our intent to In this action, we are proposing that determine whether public disclosure design this reform to prevent such two parties are corporate affiliates if one would be triggered. gaming. has more than 20-percent ownership in As a result, we are proposing in this the other or if both parties are owned In our screening analysis, we found action that a party would aggregate its more than 20 percent by the same that in the 2017 compliance year, RIN holdings with the holdings of all parent company. We are proposing a thirteen obligated parties would have other parties with overlapping ‘‘more than 20’’ percent ownership level exceeded a three-percent primary ownership or corporate control for because it is consistent with the value threshold and would have applied the evaluation against the thresholds. This that the other programs apply. For this secondary threshold. We found that methodology is similarly applied by proposed provision on a D6 RIN holding three would have also exceeded the 130- CARB for the California cap-and-trade threshold, we are proposing that only 181 percent threshold at least once. We credit holding limit and by RGGI for the corporate affiliates registered to own note that we were unable to fully RGGI program auction purchasing limit. RINs in EMTS would be included in the aggregate holdings and RVOs by We provide a few examples to illustrate RIN holding aggregation. Corporate corporate affiliates, as described further this proposed concept. If an obligated affiliates that are not registered in EMTS below, or account for RINs that an party were owned by a non-obligated to own RINs would not need to be obligated party was holding for a small party, then the combined D6 RIN included in the threshold calculations refinery with an exemption approval holdings would first be applied against as these affiliates cannot hold RINs.185 from EPA.182 Nonetheless, this analysis the primary threshold. If the primary We considered but are not proposing suggests that a few obligated parties threshold were triggered, then the to require aggregation of RIN holdings might have to report triggering the combined D6 RIN holdings would be for comparison to the threshold among proposed D6 RIN holding threshold in applied against the secondary threshold parties with a contractual relationship, the future. We seek comment on using the obligated party’s implied for example if there is an implicit or proposing to set the secondary threshold conventional biofuel RVO. If two non- at 130 percent of the implied obligated parties were affiliated by 183 See ‘‘Chapter 3.1.A: Disclosure of Corporate corporate ownership, then their Associations, Consultants or Advisors, and conventional biofuel RVO to date for Knowledgeable Employees’’ of ‘‘Cap-and-Trade obligated parties and the 125 percent combined D6 RIN holdings would be Regulation Instructional Guidance’’ (February factor that would be applied in the first applied against the primary threshold 2015), available at https://www.arb.ca.gov/cc/ quarter of the year. only. If two obligated parties were capandtrade/guidance/guidance.htm. 184 affiliated by corporate ownership, then See ‘‘Auction Notice for CO2 Allowance Auction 42 on December 05, 2018’’ (October 9, 181 We aggregated all facilities by their company their combined D6 RIN holdings would 2018), available at https://www.rggi.org/sites/ ID in EMTS to get a company total for both RIN be applied against the primary threshold default/files/Uploads/Auction-Materials/42/ holdings and thresholds. See calculations in the first and then, if necessary, against the Auction_Notice_Oct_09_2018.pdf. memorandum, ‘‘Threshold Calculations for D6 RIN secondary threshold using the obligated 185 For diagrams and examples of different types Holding Parties,’’ available in the docket for this parties’ implied combined conventional of affiliates, see the memorandum, ‘‘Affiliates and action. Groups Definitional Relationship and 182 While our analysis could not account for this, biofuel RVO. Were we to finalize any Requirements,’’ available in the docket for this our proposed regulations do. other approaches to establishing RIN action.

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explicit agreement in place for one to Under the approach proposed in this the power to control whether this purchase RINs for the other. As such, an action, a large obligated party that information is released. obligated party that has a contract in triggers the primary threshold would We seek comment on whether place with a trader or a blender for apply the secondary threshold of 130 publication of whether the parties in a delivery of D6 RINs would not add percent of its implied conventional fuel corporate affiliate group exceeded the those D6 RINs to its holdings for RVO to date, which in turn is calculated RIN holding threshold would disclose comparison to the threshold until by multiplying a publicly known underlying CBI or otherwise would delivery occurred. We realize that this percentage standard with its annual likely result in substantial competitive proposed approach would omit some gasoline and diesel production or harm to a particular company. Please RINs from the threshold comparison import volume. We recognize that fuel identify the specific data element and that could be under a party’s control. production volume and import volume explain how the public release of that However, we believe that a methodology are closely protected by refiners and particular value would or would not be for including such contractual importers as sensitive information that likely to result in disclosure of underlying CBI or otherwise cause relationships in the aggregation would could potentially harm competitiveness substantial competitive harm. If the be too complex and could result in if disclosed. Therefore, in our concern is that the release of being double-counting RINs. We seek evaluation of public disclosure, we also above a threshold would allow comment on our proposed approach to need to consider whether fuel volume defining corporate affiliate and on competitors to derive a CBI value for an could be computed, back-calculated, or individual facility or company, omitting contractual affiliates from the otherwise discerned by publishing RIN holding aggregation. specifically describe the mechanism by whether a party exceeded an RVO- which this could occur. Describe any g. CBI Determination relative threshold. We find that it could unique process or aspect of a facility or not, since neither the threshold nor any company that would be revealed if the We are proposing to require public numbers above it relates to or requires data were made publicly available. If the disclosure of the name of a party that a specific fuel volume. The threshold value would disclose underlying CBI reported exceeding the EPA-set RIN and the figure of comparison are ratios only when used in combination with holding threshold. We are not proposing and do not disclose or make discernable other publicly available data, then to publicly disclose the actual RIN information about the actual fuel identify the information that could be holding level, the amount by which it production or import volume. revealed, describe how it would be exceeded the threshold, when it calculated or otherwise discerned, exceeded the threshold, how many We also considered whether any information related to this proposed explain why the information is times it did so, or which threshold was sensitive, describe the competitive harm applied. As such, we are proposing to disclosure could warrant CBI treatment, such as information that has not yet that its disclosure would be likely to determine that a yes/no answer to this cause, and identify the source of the threshold question does not qualify as gone through a formal CBI determination process by EPA. We do other data. If the data are physically CBI under the CAA. We find that published, such as in a book, industry whether a party exceeded a RIN-holding not believe the information we propose to disclose constitutes CBI because, as trade publication, or federal agency threshold provides very little insight publication, provide the title, volume into its actual RIN holding level, its previously discussed, the underlying RIN holding level is sufficiently number (if applicable), author(s), gasoline or diesel production or import publisher, publication date, frequency volume, or any other information that masked. We believe it is in the interest of the market and the program to of publication, and International competitors could use to discern Standard Book Number (ISBN), or other sensitive information. publicly disclose exceedances of the proposed threshold. We are proposing a identifier. For data published on a In responding to a Freedom of website, provide the address of the threshold in this action that is Information Act (FOIA) request in 2013, website, the date the website was last sufficiently high to only be exceeded by we determined that certain data visited, and identify the website volume of RINs that is likely more than collected and stored by EMTS at that publisher and content author. Avoid a party would need for compliance or time were CBI, including a party’s RIN conclusory and unsubstantiated for any other legitimate business need. holdings at the end of the quarter.186 We statements or general assertions We believe that our proposed threshold recognize that in our evaluation of regarding potential harm. is consistent with the level of RIN disclosing whether an entity exceeded a In summary, we have found that the holdings that could cause excessive RIN holding threshold, we therefore information described in this section for market power, and we want to protect need to carefully consider whether the public disclosure is clearly not entitled the integrity and functioning of the RIN underlying RIN holding level is to CBI treatment. We are describing our market by deterring potentially anti- sufficiently masked. In other words, we finding and the rationale behind it in need to ensure that we do not disclose competitive behavior through public this notice of proposed rulemaking underlying CBI data or allow the CBI to disclosure. We also note that the because we expect this finding to be of be computed, back-calculated, or disclosure would come after the sale high interest to stakeholders. We otherwise discerned using other were completed and would not be encourage those with CBI concerns to publicly available data. Since the actual associated with a date or dates, so submit comments, which we will take RIN level cannot be discerned or back- disclosing the threshold-related into consideration in the finalization of calculated by knowing whether the information could not interfere with a this rulemaking. threshold was exceeded, we believe our sale negotiated in the past. Finally, we note that a company can control h. Reporting and Recordkeeping proposed public disclosure Requirements accomplishes this objective. whether it exceeds the threshold and therefore whether its exceedance will be In this action, we are proposing that publicly disclosed by ensuring that its parties would calculate the threshold for 186 See EPA’s FOIA Request Confidentiality Determination document (Docket Item No. EPA-HQ- RIN holdings never exceed the each day, and parties that triggered the OAR-2016-0041-0023). threshold. In this way, a company has threshold for a day would be required

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to report the event to EPA by the large, who want to know the identity of consideration, we have tried to balance quarterly reporting deadlines specified those that hold RINs in excess of the this reform with our proposed reform in Table 1 to 40 CFR 80.1452. We seek amount that flags potential market that would limit the duration that a non- comment on the proposed quarterly power concerns would only need to go obligated party could hold separated frequency and whether quarterly notice to one place, EPA’s website, to find all RINs (discussed in Section III.E.4). allows for too much lag between an publicly available information on the Namely, this proposal would establish exceedance and disclosure . For a topic. We seek comment on our that both program compliance and the corporate affiliate group that triggered proposal to publish the names of parties requirement for non-obligated parties to the threshold together, each registered that exceed the RIN holding disclosure sell their separated RINs apply at party would be required to separately threshold on the EPA website. quarterly intervals. We believe this symmetry will help to facilitate more notify EPA of the event. We are 2. Reform Two: Increase RFS frequent compliance and reduce the risk proposing to add a yes/no question on Compliance Frequency triggering the threshold to the RIN of one party having an unfair advantage Activity Report that all RIN-holding The second potential reform we over the other since both sides would parties are already required to submit to address in this action is establishing a face similar obligations to buy and sell EPA quarterly. The party would select requirement for more frequent RINs within the required timeframes. ‘‘no’’ if the threshold was never retirement of RINs for purposes of We believe that more frequent RIN triggered during the given quarter or program compliance. The fundamental retirement could help smooth demand ‘‘yes’’ if it was triggered at least once in concept underpinning this reform is for RINs across the year. However, the quarter. The submitting official that, if it were finalized, obligated under this proposed reform, RIN would be required to certify the parties would be required to retire RINs demand could still increase at certain completeness and accuracy of that in their accounts gradually over the year times of the year due to circumstances answer upon report submission. We are rather than all at once at the end of the beyond EPA’s control, which could also proposing that independent year. We believe that requiring RINs to make purchasers particularly vulnerable auditors would need to review all daily be retired for compliance on a more to manipulative terms from sellers at threshold calculations during the attest frequent basis could potentially help those times. Even though the magnitude engagement process and would need to minimize opportunities for hoarding or of the obligation would be roughly include in their attest engagement report other behavior that could negatively decreased by a factor of four, sellers to EPA confirmation that the party impact the RIN market. Further, we with excess RINs beyond their quarterly believe this regulatory modification notified EPA as required of all instances retirement requirements could still would have the added benefit of helping of the threshold being triggered. This exercise power over the RIN market— obligated parties reduce the risk of non- would include confirmation that the D6 now several times throughout the year compliance at the end of the year since RIN holdings and RVOs, if applicable, of before each quarterly deadline instead they would be required to obtain RINs all corporate affiliates were fully and of just once annually. Market power is to meet a portion of their individual properly accounted for in the relative, and we recognize that a smaller RVO on a quarterly basis. stockpile of RINs in a party’s account calculations. We therefore are proposing Under this reform, we are proposing that parties registered to hold RINs be relative to a smaller pool of available to establish RIN retirement requirements RINs can still result in market power. required to keep as records all threshold for the first three quarters of the calculations, including corporate Therefore, the ultimate benefit of this compliance year, calculated as the reform on the RIN market and on affiliate values, and provide those gasoline and diesel production and parties’ behavior is unclear. records to the auditor for review. import volume through the end of the The proposed calculation would use quarter multiplied by 80 percent of the a. Implications on the Annual RVO gasoline and diesel production and current year renewable fuel standard. In this action, we are not proposing to import volumes from the prior We are proposing to include the 80 change the timeframe of the annual RVO compliance year as a proxy for volumes percent factor for these interim RIN or the annual RVO compliance in the current year. We recognize that retirements to address the inherent obligation. Rather, we are proposing to the calculations could be an inaccurate uncertainty of projecting an obligated maintain the annual RVO and annual representation of current year volumes party’s obligation without full RVO compliance obligation and to add in some cases, such as mergers or big information. Obligated parties would requirements for periodic RIN changes in import volumes from year to submit reports to EPA 60 days after the retirement throughout the year. This is year. However, in most situations we end of the quarter to demonstrate similar to personal tax requirements envision that these year-to-year changes compliance with these requirements imposed by the IRS and states; money may not impact the necessity to report. and could use any D-code RINs to do so. is generally withheld from an We seek comment on ways to fairly This reform would not impact the individual’s paycheck throughout the account for these limited situations. current annual RVO calculations or year based on an estimate of their In this action, we are proposing that compliance, including the two-year RIN annual tax burden, but the actual annual EPA would be responsible for publicly life, the annual deficit carryover, or the tax burden is only calculated and due disclosing that a party notified us of 20 percent carryover provisions. for full payment once the tax year is exceeding the threshold. We already Specifics on the calculations, reporting over. By proposing a requirement for maintain and regularly update a obligated parties to retire RINs 187 requirements and schedules are centralized website for RFS data that discussed in more detail below. periodically through the year, we are has become the hub for up-to-date Some stakeholders have voiced able to leave intact the many elements program information and transparency. concern about asymmetry in the market of the RFS program that are based on an Stakeholders, as well as the public at if EPA were to establish a more frequent annual program (e.g., the annual deficit compliance period for obligated parties provision, the annual 20 percent 187 Public EMTS data can be found on EPA’s website at https://www.epa.gov/fuels-registration- without requiring RIN holders to make carryover provision, and the two-year reporting-and-compliance-help/public-data- RINs available more frequently, and vice life of a RIN). We believe that these renewable-fuel-standard. versa. Taking this concern under annual program components, as

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described further below, are functioning carryover provision continue to only 2017, the monthly generation of effectively and that changing these apply to the annual RVO. We are not biomass-based diesel (D4) RINs is annual program components could proposing to apply this provision to any lowest in January because biodiesel create harmful unintended interval other than annually. Therefore, blending drops in the winter months consequences. We believe we can leave an obligated party that retired RINs when gelling of biodiesel can occur in these annual elements of the program periodically during the year, pursuant to some regions. The monthly D4 unchanged while still accomplishing this action, could use any amount of generation rate increased gradually until the objective of this reform. prior year RINs to do so, subject to the July when it began to decrease again. The current RFS program is designed requirements that the final annual RVO Finally, generation spiked higher in around an annual RVO. As specified in compliance demonstration is consistent December than in any other month as 40 CFR 80.1407(a), obligated parties with the 20-percent carryover provision. parties worked to meet the RFS wait until the compliance year has b. Compliance Frequency requirement that renewable fuel must be passed to calculate their annual RVOs generated and blended in the same using their actual annual gasoline and During the development of this calendar year (and in some years rushed diesel production and import volume. proposed rule, we considered to take advantage of expiring tax The RVO equations also account for establishing compliance frequencies credits). In fact, generation of all four D- deficits on an annual basis, such that a other than quarterly. Ultimately, code RINs peaked in December. When deficit incurred in the prior year is however, we chose to propose a we compared these monthly generation carried over into the current year. 40 quarterly compliance frequency for rates to a potential monthly RIN CFR 80.1427(a) specifies how obligated obligated parties; a quarterly retirement requirement based on parties demonstrate compliance with requirement appears to balance the estimated monthly gasoline and diesel this annual RVO. These equations were objectives of a more frequent volumes,189 we saw that in many designed so that an obligated party has compliance requirement without being months, the demand for RINs exceeded an entire year to collect enough RINs to overly burdensome or introducing the generation of new RINs. In addition, address any deficit carried over from the excessive complexity. As such, when we compared the monthly prior year. We believe that this annual obligated parties would be required to generation of all D-code RINs with approach to satisfying prior year deficits use new equations proposed at 40 CFR potential monthly RIN retirement should continue unchanged. Therefore, 80.1427(d) for the first, second, and requirement, we found that cumulative third quarters of a year. Obligated we are not proposing any edits to 40 RIN generation would not catch up to parties would not have a separate RIN CFR 80.1407(a) or 80.1427(a). the cumulative RIN retirement retirement requirement for the fourth The deficit provision comes from requirement until December. This lack quarter and would instead continue to direction in the CAA for EPA to include of alignment in time between RIN provisions allowing any person to carry use the existing RVO equations at 40 generation and gasoline/diesel fuel forward a renewable fuel deficit from CFR 80.1427(a) to demonstrate demand renders ‘‘real time’’ RIN one calendar year to the next when compliance with the annual RVO. We retirement infeasible. We concluded certain conditions are met. The seek comment on a quarterly frequency from this analysis that it is important to conditions outlined in the CAA are and on whether obligated parties that provide some margin of time-flexibility ‘‘that the person, in the calendar year reporting gasoline and diesel production to allow obligated parties to acquire following the year in which the and import volumes to the Energy RINs for compliance and that too- renewable fuel deficit is created (i) Information Agency (EIA) weekly and frequent retirement requirements would achieve compliance with the renewable monthly would prefer a frequency be too restrictive and fuel requirements under paragraph (2); greater than quarterly that aligns with and (ii) generates or purchases the EIA survey frequency. counterproductive. additional renewable fuel credits to We considered a provision that would We seek comment on the offset the renewable fuel deficit of the require RIN retirement for every batch of appropriateness of a quarterly frequency previous year.’’ 188 Since the statute gasoline or diesel immediately or requirement and on other potential specifies that an obligated party can shortly after it is produced or imported, frequencies, such as monthly or bi- create a deficit on an annual basis, we but we do not believe a practical annually. Because of the need for are proposing in this action to maintain implementation framework for this flexibility, we also considered several that annual flexibility. Therefore, an concept exists. It would be virtually compliance deadlines, by which obligated party would be allowed to fall impossible for the market to obligated parties would need to achieve short of its RIN retirement requirements instantaneously meet such tight demand the quarterly compliance requirements. in any or all periods of one compliance for RINs by obligated parties. The See Section III.E.2.f for a discussion of year as long as it retired RINs at some generation of RINs and the production deadline options considered and the point in the following compliance year and import of transportation fuel are not deadlines we are proposing in this to offset the following year’s obligation, time aligned over the course of the year. action. which includes the current year deficit. We believe that a quarterly RIN c. Scope See Section III.E.2.e for further retirement requirement is close enough discussion on such RIN retirement to ‘‘real time’’ compliance to meet the As discussed earlier in this preamble, shortfalls. objectives of this reform while still for each reform we considered whether Finally, 40 CFR 80.1427(a)(5) providing enough flexibility for we could limit its scope to reduce the specifies that no more than 20 percent obligated parties to feasibly comply. risk of unintended negative of an obligated party’s current year RVO As part of our analysis, we reviewed consequences while still meeting the can be satisfied with prior year RINs. In the historic pace of RIN generation objective of the reform. In particular, we this action, we are not proposing any throughout a calendar year. We considered whether we could limit the amendments to this part of the observed that RIN generation is not 189 See calculation in the memorandum, regulation. We propose that this consistent throughout the year and ‘‘Comparison of Monthly RIN Generation Rates to varies depending on the month or a Potential Monthly RVO,’’ available in the docket 188 See CAA sec. 211(o)(5)(D). season. For example, in calendar year for this action.

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reforms to just D6 RINs since D6 RINs reform altogether. Considering this find it unbalanced and unfair. We seek are the main source of market example under the proposed approach comment on adjusting this reform to a manipulation concern. instead, the obligated party that retired holding rather than retirement For the compliance frequency reform no RINs in the first three quarters of a requirement to address concerns with outlined here in Section III.E.2, we given year would be required to meet the threshold calculations. concluded that, because of the nested the quarterly RIN retirement f. Compliance Deadline nature of the RIN system, we could not requirements of the following year. We require retirement of only D6 RINs. For seek comment on allowing shortfalls Under the existing regulations, the example, an obligated party could under certain conditions and on our deadline by which obligated parties choose to retire only D3, D4, and D5 approach to preventing shortfalls over must demonstrate compliance with their RINs, which are nested in the renewable multiple years. We seek comment on the annual RVOs is March 31 of the year fuel obligation, to comply with its alternative we considered as well as following the compliance year. As such, renewable fuel RVO. Therefore, we are other alternative approaches parties have three months after the last proposing a quarterly RIN retirement commenters recommend. day of the compliance period to compile requirement based on only the their gasoline and diesel production and renewable fuel RVO in this action and e. Calculating the RIN Retirement import volumes, calculate their RVOs, allowing obligated parties to retire any Requirement acquire the necessary number of RINs, D-code of RINs to meet it. We are proposing in this action that and submit their annual compliance the RIN retirement requirements for the reporting forms. This three-month d. Incurring a Shortfall first three quarters of a compliance year administrative period is necessary for In this action, we are proposing that would be calculated as 80 percent of an obligated parties to complete all of the an obligated party would be allowed to obligated party’s cumulative gasoline required compliance steps properly. fall short of a quarterly RIN retirement and diesel production and import In this action, we are proposing that requirement if it met certain conditions. volume multiplied by the renewable an administrative period be added to the This shortfall provision would mirror fuel percentage standard for the current end of the first, second, and third the flexibility provided by the annual year. As explained above, the quarterly quarters for demonstration of deficit provision described above. RIN retirement equations would not compliance with the periodic RIN Under one set of conditions, a party include an input for any prior year retirement requirements. We are would be allowed to incur a shortfall in deficit carried over or a limitation on proposing a two-month administrative a quarter of a given year as long as in the year of the RINs used. We believe period such that the compliance the following year it satisfied all three that an 80-percent flexibility would demonstration deadlines would be June quarterly RIN retirement obligations. address the seasonal variability in RIN 1, September 1, and December 1 of the Under a second set of conditions, a generation that could impede a party’s compliance year. This delayed schedule party would be allowed to incur a ability to acquire 100 percent of its would provide obligated parties with shortfall in a quarter of a given year and required RINs. We also believe that an additional time to gather production in a quarter of the following year if its 80-percent flexibility would provide and import volumes, acquire RINs, and annual RVO for the current year were some leeway for volume errors complete the reporting forms and would equal to zero (e.g., as the result of an identified at the end of the year through align with existing quarterly reporting approved small refinery exemption). the attest engagement process. We seek deadlines. RINs generated during the Under this proposal, a shortfall in one comment on this approach to providing administrative period could be used for quarter would have the same effect as a obligated parties with this flexibility compliance in the previous quarter. We shortfall in all three quarters of the year and on the value of 80 percent that we are proposing that a three-month on a party’s ability to incur shortfalls in chose to propose and whether a administrative period and the March 31 the following year. We are proposing different value would be more compliance demonstration deadline amendments to 40 CFR 80.1427(b) to appropriate. continue to apply to the annual RVO. reflect this provision. We considered, but are not proposing, We seek comment on these proposed We considered an alternative setting a RIN holding requirement rather deadlines and on whether a different approach under which a party’s than a RIN retirement requirement. administrative period or periods would shortfall in one or more quarters of a Under this approach, obligated parties be more appropriate. year would not affect a party’s ability to would need to demonstrate that they incur a shortfall in one or more quarters owned at least 80 percent of their g. Reporting and Recordkeeping of the following year. However, we cumulative volumes multiplied by the In this action, we are proposing that believe this alternative would create a renewable fuel percentage standard. compliance with the quarterly RIN loophole to this reform that could be One reason for this approach is that it retirement requirements would be exploited by obligated parties to could better align with the RIN holding demonstrated to EPA through reporting. circumvent the proposed quarterly RIN threshold calculations proposed in The quarterly deadlines described above retirement requirements. By way of Section III.E.1, which would not adjust would be reporting deadlines and example, consider an obligated party the threshold as RINs were retired every would align with the existing deadlines that retired no RINs in the first three quarter. As such, an obligated party that for RIN generation, transaction, and quarters of a given year and then fully had retired 60 percent of its annual activity reports. We believe that aligning complied with its annual RVOs at the renewable fuel obligation after three our proposed quarterly deadlines with end of the year by retiring all required quarters would only have a legitimate deadlines for existing reporting RINs. Under the alternative approach, need to hold the 40 percent of its annual requirements would be an easier the obligated party would be allowed to obligation remaining plus 30-percent adjustment for parties. To implement incur shortfalls in all three quarters of headroom, but it would be allowed this reporting requirement, we are the following year and could repeat this under our proposal to hold 130 percent. proposing that obligated parties would compliance strategy again and again. We proposed these calculations in report cumulative gasoline and diesel This would amount to a circumvention Section III.E.1 to keep them simple, but production and import volumes and of the proposed quarterly compliance we realize that some commenters may demonstration of compliance with

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requirements in the first three quarters. year. When EPA grants an RFS from others.190 This is also how the We are also proposing to update exemption, the exempt refinery has no credit provisions in our gasoline sulfur recordkeeping requirements to include RFS obligation during the compliance and benzene programs are structured. In all applicable quarterly values and year for which an exemption has been those EPA programs, the obligated calculations. We are not proposing to granted. For small refineries that parties are both the generators of the amend the attest engagement due date, received RFS hardship exemptions, credits and the users of the credits and so it would continue to be required once their annual RVO would be zeroed out. are the only parties that need to take any at the end of each compliance year. The Since the small refineries wouldn’t action. Conversely, in the RFS program, RIN generation, transaction, and activity trigger the annual deficit provision in obligated parties are typically reports would continue to be required that year, they could repeat the same dependent on the action of other parties, quarterly. steps in the next year if they still faced such as renewable fuel producers and We are proposing that any minor hardship. We note that an obligated blenders, to actually introduce the adjustments that an obligated party party reporting at an aggregated level for renewable fuel and the RINs into the would need to make to a prior quarter’s multiple refineries, including at least marketplace. Consequently, the RFS reported volumes due to an EPA- one small refinery, would not zero out program was set up differently. reported remedial action would be its total annual RVO. Rather, when EPA Supporters of this regulatory change required to be accounted for in the next approved its small refinery argue that, since obligated parties are RIN retirement calculation and exemption(s), it would exclude the the only parties who need to purchase demonstration. Since the obligated party small refinery volumes from its annual RINs for the purpose of compliance, would be certifying that their reported RVO calculations but still include obligated parties should be the only values were accurate to the best of their volumes from the other refineries. As parties allowed to purchase separated knowledge, we believe that the risk of such, we believe that a small refinery RINs. The goal of this reform is to gaming the regulations by consistently that would like to take the compliance minimize the number of parties trading under-calculating a quarterly RIN path outlined above would have to RINs so as to reduce the risk of hoarding retirement requirement is low. A report on a facility-by-facility basis, or other actions by non-obligated parties continued pattern of under-calculating rather than on an aggregated basis. An that could improperly impact the prices by one party could potentially result in obligated party that wished to report at of RINs and thus impact the cost of an enforcement action. We seek an aggregated level would have to compliance for obligated parties. In comment to this approach to remedial account for any small refinery volumes developing this proposed reform, EPA is action volume adjustments and on when calculating and complying with taking into consideration the concerns alternatives to account for them in this its quarterly RIN retirement that limiting the parties that can trade action. requirement. in the RIN market could have negative h. Small Refinery Exemptions If the small refinery chose to comply unintended consequences, as discussed Under this reform, we are proposing with the proposed quarterly RIN below. that all obligated parties would be retirement requirements and then received an RFS exemption from EPA, Under this reform, we are proposing required to meet RIN retirement that only obligated parties, exporters requirements on a quarterly basis. This then we would work with the small refinery to unretire its RINs as we do and certain non-obligated parties be means that small refineries that submit allowed to purchase separated D6 RINs. a petition for an extension of the small now under the current annual reporting requirements. We are not seeking Non-obligated parties would be exempt refinery exemption would typically face from this proposed provision if they reporting and RIN retirement comment on whether EPA can unretire RINs after granting a small refinery were a corporate affiliate or a requirements before EPA issues a contractual affiliate of an obligate party. decision on the petition. Even under the exemption. If the small refinery chose to current annual reporting requirements, incur a RIN retirement shortfall in the As explained in Section III.B of this many small refineries already choose to first three quarters but did not receive action, RINs are generated with the retire RINs before EPA acts on their an exemption from EPA, then it would generation of renewable fuel and move petitions, understanding that EPA will be required to comply with the annual downstream of the producer attached to later ‘‘unretire’’ those RINs should EPA RVO by March 31 as they also do under the renewable fuel. When a blender ultimately decide exemption is the current annual reporting acquires the renewable fuel and blends warranted for that refinery in that requirement by either obtaining the it with conventional fuel, the blender is compliance year. However, we appropriate number of RINs or by taking required to separate the RIN from the recognize that quarterly RIN retirement a deficit. In that case, whether they met renewable fuel. The separated RIN obligations for small refineries that may the annual obligation or carried a deficit becomes its own commodity separate receive an exemption would not into the following year, they would be from the renewable fuel that can be necessarily be efficient. As described prohibited from incurring a shortfall in traded and used separately. By the very below, small refineries that expect to any quarter of the following year. nature of the blender’s role in the fuel receive hardship relief can alternatively 3. Reform Three: Limiting Who Can distribution system and the defer quarterly reporting under the Purchase Separated RINs requirements of the RFS program, retirement shortfall provisions proposed blenders must become owners of in this action provided they did not The third potential reform from the separated RINs. Therefore, this reform is carry a deficit from the previous President’s Directive that we address in limited to only the purchase of compliance year (e.g., if they received this action is limiting the purchasing of separated RINs. hardship relief in the previous year). separated RINs to obligated parties only. Under this proposal, all refineries Canada structured its Federal 190 See ‘‘Questions & Answers on the Federal including small refineries would be able Renewable Fuels Regulations this way Renewable Fuels Regulations’’ (2012), available at by only permitting primary suppliers, https://www.canada.ca/en/environment-climate- to incur a full RIN requirement shortfall change/services/canadian-environmental- in the first three quarters as long as they the regulated parties under those protection-act-registry/publications/revised- had not incurred a deficit in the prior regulations, to acquire compliance units questions-answers-renewable-fuels.html.

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a. Implications and Discussion would weaken the market signal the potential negative consequences on As described above, this reform function of RIN prices. For example, the the RFS program. We seek comment on would limit the purchasing of separated RIN price is used by obligated parties to these potential consequences as well as D6 RINs to obligated parties and certain estimate the compliance cost they need comments on alternative approaches to non-obligated parties. Some to recover through their fuel pricing, by implement this reform. biofuel producers to gauge supply and stakeholders have commented that this b. Scope reform would be beneficial because it demand of the biofuel market, and by We are proposing to limit the scope of would specifically block market traders downstream parties to decide whether this reform to D6 RINs only. D6 RINs are and brokers whose only intention is to to build out more blending the D-code about which we have heard make a profit in the RIN market and infrastructure. Curtailed market concerns related to hoarding and market may have an incentive to engage in liquidity could weaken everyone’s manipulation. In order to limit any manipulative or anti-competitive ability to react to the market effectively. unintended consequences of this action, behavior to boost their profits.191 (We Some stakeholders have also provided we believe it is sensible to limit this note, however, that simply making a comment to EPA outside of the 2019 action to D6 RINs. For example, we profit on the RIN market is not RVO rulemaking about how this reform believe that it would be very manipulative or anti-competitive would harm them and their business challenging to restrict the purchasing of behavior.) Limiting non-obligated operations directly. Specifically, we separated D3 RINs because D3 RINs parties from purchasing separated D6 heard from some non-obligated parties generated from biogas to fuel natural gas RINs could help deter or prevent that who play a large role in the existing fuel vehicles are generated at the same time potential behavior from occurring in the market by blending biofuel with as they are separated; it would not be future. Conversely, some have claimed petroleum-based fuel and moving the possible to distinguish parties who own that limiting the number of parties blended fuel downstream to retailers. a D3 RIN from parties who separated it. participating could harm the RIN market These blenders enter into term contracts We seek comment on our narrow and have other unintended with obligated parties for delivery of a application of this reform to D6 RINs consequences. In fact, this specific specific quantity of RINs at the end of only and on concerns of anti- reform was explicitly raised for the contract period. Blenders base their competitive behavior related to the consideration in the 2019 RVO commitment on expected fuel blending volumes, which relate to expected fuel purchasing of other D-code RINs. proposal, and we received multiple In this action, we are proposing that comments in opposition, citing the production and fuel demand. However, if fuel production or demand fell shorter obligated parties as well as a limited set harm this reform would likely cause. of non-obligated parties would be For example, many parties commented than expected, RIN separation by the blender would also fall short. In order allowed to purchase separated D6 RINs that the liquidity of the RIN market freely. We considered a firm prohibition would decline if RIN market to meet its contractual obligation in this situation, the blender would have to buy on all transactions of all parties other participation were curtailed. These than obligated parties from purchasing comments stated that some parties separated RINs on the RIN market. A reform that prohibited blenders from D6 RINs, but we believe that certain without a compliance obligation buying separated RINs would require limited situations involving non- alleviate the burden on the seller of blenders and their obligated party obligated parties should continue to be finding a counterpart willing to buy the counter-parties to restructure the RIN allowed for the RFS to function exact amount of RINs for sale at that delivery guarantees in the current properly. We outline those situations exact time. They do so by aggregating contracts. Therefore, some of these and allowances below. small RIN bundles for large buyers, blenders have expressed concern with First, we are proposing that a party disaggregating large RIN parcels for sale the harm to them and the operation of that is a corporate affiliate or a to multiple buyers, and holding RINs the RFS program that this reform could contractual affiliate, as proposed at 40 until the parties are ready to buy. Some cause. They’ve also highlighted the CFR 80.1401, to an obligated party commenters also stated that, especially asymmetry this would create in the would be allowed to execute a separated in a market as sensitive to policy fuels system between refineries and D6 RIN purchase transaction. This announcements as the RIN market, blenders; blenders who fall short of would include a party that is owned higher participation can reduce their RIN supply contracts with more than 20 percent by an obligated volatility and help the market adjust to refineries would not be able to fill the party or that owns more than 20 percent a policy or other shock more quickly gap while refineries who fall short of of an obligated party. This would also than curtailed participation. As such, their petroleum-based fuel contracts include a party that has an agreement to these comments warned that restricting with blenders would be able to fill the deliver RINs to an obligated party. participation in the RIN market would gap by purchasing gasoline, diesel, or Based on discussions with some reduce liquidity, increase volatility, and blendstock on the market as needed. obligated parties, we believe that they 192 ultimately increase RIN prices. Therefore, they characterize a reform routinely contract with third-parties, Some commenters explained that a that prohibits them from purchasing such as traders, to deliver separated D6 RIN price reflecting higher transaction separated RINs as creating an uneven RINs. We have also learned, as costs would not be representative of the playing field in the fuels industry. described in Section III.E.3.a, that some fundamentals of the market and thus For all of the reasons listed above, we non-obligated parties routinely commit are not proposing to prohibit all but under contract to deliver D6 RINs to 191 See, e.g., comments from HollyFrontier obligated parties from purchasing obligated parties based on their (Docket Item No. EPA–HQ–OAR–2018–0167–1198), Monroe Energy (Docket Item No. EPA–HQ–OAR– separated D6 RINs because we recognize anticipated future blending volumes 2018–0167–0622), and Valero (Docket Item No. that doing so could cause harm to and must purchase separated D6 RINs EPA–HQ–OAR–2018–0167–1041). parties, the D6 RIN market, and to the on the market to satisfy the contract if 192 See, e.g., comments from ACT Commodities RFS program. Thus, our proposal to their blending volumes fall short. We (Docket Item No. EPA–HQ–OAR–2018–0167–0615), Phillips 66 (Docket Item No. EPA–HQ–OAR–2018– limit this reform reflects a weighing of believe all of these contractual 0167–1267), and Shell (Docket Item No. EPA–HQ– the beneficial aspects of deterring transactions are helpful to obligated OAR–2018–0167–0513). potential market manipulation against parties and that obligated parties, the

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very parties this reform is attempting to the entire purpose of this reform and proposing, an alternative approach to protect, would be harmed if these types create a sizable implementation burden accomplishing the intended goals of this of contractual transactions were on EPA to no avail. We seek comment reform objective could be to rely only on prohibited. on ways this gaming could be prevented the first reform discussed in Section Second, we are proposing that non- should we finalize this reform, III.E.1. Rather than restricting who obligated parties needing to replace including limiting the number of could purchase and who could sell to invalid RINs would also be allowed to separated D6 RINs that importers, whom, we could address the concern purchase separated RINs for that blender refiners, and non-obligated that non-obligated parties might hoard purpose. Parties that generate renewable parties exempted from this prohibition RINs only by imposing a limit on their fuel with RINs attached sometimes can purchase. This is similar to the D6 RIN holding. The holding limit make errors in their renewable fuel and limitation we placed on the ability of specifically on non-obligated parties RIN calculations, and blenders that certain obligated parties to separate could be lower than the three percent of purchase RINs attached to renewable RINs under 40 CFR 80.1429(b)(9). the annual conventional biofuel volume fuel sometimes learn too late that the requirement proposed. We seek c. Reporting and Recordkeeping RINs they’ve acquired are fraudulent or comment on these alternatives and on erroneous. We believe that the most As described in Section III.E.1.h, we any other alternatives commenters straightforward and practical way to are proposing to add a yes/no field on recommend. allow these parties to stay compliant the D6 RIN holding threshold to the RIN with the RFS program is to continue to Activity Report that all RIN holding 4. Reform Four: Limiting Duration of allow them to replace invalid RINs by parties already submit to EPA quarterly. RIN Holdings by Non-Obligated Parties purchasing new separated RINs from the Since all RIN holding parties already The fourth potential reform from the market. submit these reports quarterly, we President’s Directive that we address in Third, we are proposing that exporters believe the incremental reporting this action is limiting the duration a of renewable fuel that needed D6 RINs burden of filling out a new threshold non-obligated party can hold RINs. In to satisfy their exporter RVOs according field would be minimal. In order to Section III.E.3, we describe our proposal to 40 CFR 80.1430 would be allowed to maintain compliance oversight of this to restrict certain non-obligated parties purchase separated D6 RINs in these RIN purchasing restriction on non- from purchasing separated RINs but still limited situations. Parties that export obligated parties, we are proposing to allowing them to own separated RINs conventional fuel blended with also add a field to the quarterly RIN that they acquire by blending renewable renewable fuel must acquire and retire Activity Report on whether a non- fuel into petroleum-based fuel. This RINs to account for the portion of their obligated party purchased D6 RINs in fourth reform would restrict non- exported product that is renewable fuel. the quarter. If the non-obligated party obligated parties further by limiting how These exporters do not necessarily reported purchasing any amount of long they could hold the separated RINs receive, generate or separate RINs, so separated D6 RINs, it would then have acquired at blending. The concept they need another way to acquire RINs to report whether a valid reason (e.g., behind this reform is to require non- in order to comply with the program. invalid RINs, exports, contract with obligated parties to inject their RINs into Ultimately, we believe that our obligated party) applied. As with the the market soon after acquiring them to proposal would successfully exclude threshold field, we believe it would be maximize liquidity for obligated parties from the RIN market those parties that important for parties to certify that they who need the RINs for compliance. serve no function in the fuels market were in compliance with this proposed Under this reform, we are proposing and that may enter the RIN market for provision. We are also proposing that a limit on the duration that a non- speculative or manipulative reasons non-obligated parties would be required obligated party can hold separated D6 only. We seek comment on providing to keep all applicable records related to RINs. Specifically, we are proposing allowances in this reform, including this restriction, such as actual contracts that a non-obligated party must sell or whether doing so would create any with obligated parties or evidence of retire as many RINs as it obtained in a gaming opportunities and, if so, how invalid RINs and make those records quarter by the quarter’s end. For that could be avoided. For example, a available to their attest engagement example, both a RIN separated on non-obligated party could create a auditor. The auditor would review the January 1 and a RIN separated on March contract with an obligated party at a records and confirm that the party made 31 would each need to be offset by a minimum level as a way to game this the proper calculations and reported RIN sale in the first quarter. The reform. We seek comment on how we accurately to EPA on compliance with proposed provision would not apply to could tighten this reform but still allow the proposed provision. We seek potentially invalid D6 RINs that are enough compliance flexibility for comment on this proposed approach to required to be held and prohibited from obligated parties with contractual compliance oversight. being sold. This proposed provision relationships with non-obligated parties. would not apply to obligated parties. We also seek comment on the d. Alternative Approaches Considered Additional information on calculations appropriateness of these allowances and In addition to the specific reform we and reporting are discussed in more on any other limited situations, in are proposing to restrict to certain detail in Section III.E.4.e. which non-obligated parties should be parties the ability to purchase separated The potential anti-competitive allowed to purchase separated D6 RINs. D6 RINs, we seek comment on behavior related to non-obligated parties We recognize that a reform alternatives that also meet the objective holding RINs that would be avoided prohibiting non-obligated parties from of this reform in the President’s with this action is the potential to certain activities could create strong Directive but in a more simple and accumulate enough RINs to gain market incentives for non-obligated parties to direct way. We recognize that power and then use that market power become obligated parties. This can be prohibiting a class of parties from taking to manipulate the price of RINs. We done relatively easily by importing a an action but then carving out a list of note that such market power is also small volume of fuel or blending small exceptions to that prohibition has the addressed by the public disclosure volumes of blendstock to produce fuel. potential to be confusing and unwieldy. reform outlined in Section III.E.1. This type of gaming could circumvent Instead of the reform that we are However, we are additionally proposing

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to limit the duration that non-obligated done widely and could increase the durations and decided to propose in this parties can hold separated RINs in this implementation and oversight burden action a 90-day cycle, whereby the action as an alternative or additional on EPA. We seek comment on the number of separated D6 RINs that a non- method to address this concern. We implications of such gaming and on any obligated party would be required to sell seek comment on the value of limiting ideas to prevent it, including imposing or retire in a quarter would be number the duration that a non-obligated party the duration limit on RINs held by of separated D6 RINs that the party can hold separated RINs, and importers and blender refiners that are separated or purchased in that same specifically on whether it adds any in excess of their RVO requirements. quarter. Requiring non-obligated parties safeguards against manipulative This is similar to the limitations we to sell RINs by the end of the quarter behavior beyond the public disclosure placed on the ability of these obligated would have the significant benefit of reform. parties to separate RINs under 40 CFR matching the quarterly RIN retirement Some obligated parties have 80.1429(b)(9). cycle that would be required of complained that blenders routinely obligated parties under this Section b. Scope withhold separated RINs from the III.E.2 of this action. Coordinating these market until the price is high enough to We are proposing to limit the scope of two frequencies may help maintain secure a large profit. We note that such this reform to D6 RINs only. D6 RINs are equilibrium in the RIN market and actions are not necessarily price the only D-code about which we have create equity among all RIN system manipulation or evidence of anti- heard concerns related to hoarding and participants. We seek comment on the competitive behavior. market manipulation. In order to limit appropriateness of this duration and of any unintended consequences of this a. Implications and Discussion any other potential durations. We note action, we believe it is sensible to limit that the reform proposed under Section As described above, this reform the type of RIN it applies to while still III.E.2 would require RIN retirement of would limit the duration that a non- meeting the objective of the reform. For only 80 percent of the renewable fuel obligated party could hold a D6 RIN and example, since most D3 RINs are standard, so we seek comment on would therefore interfere with attempts generated only once a month, we whether the RIN holding duration at increasing its market power. This believe parties might need more should only apply to 80 percent of RINs reform could also increase the flexibility on the time between RIN separated or purchased in order to better availability of D6 RINs on the market for generation and RIN sale than other D- align the two reforms. obligated parties who want or need to codes. Furthermore, D4 RINs attached to acquire RINs for quarterly retirement. A biodiesel produced by a small or d. Implementation final benefit of this reform is that it unknown company may not be well In this action, we are proposing that provides symmetry to the quarterly RIN received on the market, so a non- a non-obligated party would be required retirement requirement for obligated obligated party that blends such to count the total number of RINs it parties as discussed in Section III.E.2; biodiesel into petroleum-based diesel separated or purchased each quarter and that reform would increase the and separates such D4 RINs might need sell or retire that many total RINs by the frequency of D6 RIN demand and this time to find a willing buyer. A end of the same quarter. For example, a reform would increase the frequency of restriction on how long they can hold non-obligated party would count the D6 RIN supply. such D4 RINs before selling could upset total number of RINs it separated or This reform could also have harmful the balance in purchase negotiations purchased between January 1 and consequences for some parties in the and force non-obligated parties to sell March 31 of a given year and then market. At an even more basic level, a these D4 RINs at significantly would sell or retire that many RINs fuel blender with separated RINs to sell discounted prices to stay in compliance between January 1 and March 31 of that may not be able to find a party willing with this proposed regulation. We seek year. This approach would meet the to buy those RINs at the time of comment on our narrow application of intention of this reform to prevent RIN blending. Therefore, a duration limit this reform to D6 RINs only and on hoarding and increase liquidity without that is set too short could take too much concerns of anti-competitive behavior getting stuck needlessly in the details of flexibility away from non-obligated related to the purchasing of other D- which specific RIN is being sold. It parties and make it difficult for them to code RINs. would also allow non-obligated parties participate in the RIN system. As such, We are also proposing that separated the flexibility to hold onto some D6 we have proposed a duration limit of a D6 RINs that are potentially invalid RINs that may be more difficult to sell quarter that we believe minimizes the would not be accounted for by a non- for a longer period of time, provided risk of causing harm to parties in the obligated party in its count of D6 RINs they are selling an equal number of D6 RIN system. separated in a quarter. A party would RINs by the established deadline. We Finally, we note that non-obligated leave those D6 RINs out of the count of are also proposing that, for a non- parties who want to evade the duration D6 RINs it would have to sell or retire. obligated party, any D6 RINs acquired in limit for holding separated RINs could The non-obligated party would continue one quarter through a remedial action easily take the minimal action necessary to be subject to the requirements at 40 with an EPA-generated separation date to become an obligated party. For CFR 80.1431. in the previous quarter would add the example, a blender could easily blend a D6 separated RINs to its separated total small volume of blending stocks to c. Duration for the current quarter. produce gasoline or diesel or import a Although we did not identify this We also considered a slightly longer small volume of petroleum-based fuel in reform concept in the list of reforms period between RIN separation and sale order to become an obligated party. As under EPA consideration in the 2019 in which a non-obligated party would an obligated party, the blender would RVO proposal, several parties be required to count the number of RINs no longer be subject to a restriction on proactively commented on this concept. it separated each quarter and sell at least how long it could hold its RINs. While Some commenters suggested a 30-day that many RINs in that quarter and the such gaming would not directly harm duration, others suggested 60 days, and following quarter. For example, a non- any party or the RIN market, it could still others suggested 90 days. We obligated party that sold 100 RINs harm the integrity of the program if considered each of these potential between January 1 and March 31 would

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have to sell at least 100 RINs between no exception. For the third reform a. Enhance Data Collection January 1 and June 30. RINs separated discussed in Section E.III.3, we are Monitoring a commodities market as on January 1 would need to be sold proposing situations that should be large and complex as the RIN market within 180 days and RINs separated on excluded from its restriction, namely requires a substantial amount of market March 31 would need to be sold within situations in which exporters would data. We currently require parties to 90 days. Such a scheme would create need to satisfy export RVOs, non- submit some data under the RFS related overlapping periods, however, in which obligated parties would need to replace to RIN trades. These data include trade the same RIN sale could be counted invalid RINs, and non-obligated parties prices, RIN volumes traded, and the towards two different quarterly would need to satisfy contract terms parties involved in the transaction. requirements. We ultimately decided to with obligated parties. We believe those These current data collections can be propose a quarterly requirement, but we exceptions are warranted because they used to assess the RIN market for seek comment on this alternative either allow parties to meet the RFS manipulative activities, but we approach. requirements or because they help the recognize that we have an opportunity We also considered an approach that RFS program run smoothly for obligated in this action to diversify the data we would initiate a 90-day expiration timer parties. For the reform discussed in this collect to enhance our ability to monitor for each separated RIN batch on the day section, however, we do not believe that the market. We also recognize the it is separated by a non-obligated party. any exceptions are necessary. For importance of balancing the benefits of Under this design, a blender would example, a non-obligated party that additional data with the burden need to sell each RIN or batch of RINs needs D6 RINs to satisfy a contract with imposed both on the regulated industry within 90 days of separating it from the an obligated party could still do so and EPA of reporting and handling the underlying renewable fuel. However, while meeting the holding duration data. Considering these factors, we are such an implementation scheme would limit. We seek comment on whether any requesting comment on additional data place a large burden on non-obligated exceptions to this reform would be collections that would enhance our parties to keep track of multiple warranted, and if so which exceptions ability to monitor the RIN market for expiration timers, possibly dozens or and why. instances of manipulation. hundreds at a time. It would also be As described in Section III.E.1, we are very costly, if not infeasible, for EPA to e. Reporting and Recordkeeping proposing that parties would be update EMTS to track so many required to report to EPA when their In order to maintain compliance individual expiration deadlines, which aggregate RIN holdings, including oversight of this RIN holding duration across the entire system could total in holdings of corporate affiliates, exceed a reform on non-obligated parties, we the thousands or millions at any given specified threshold. In order to provide propose in this action to add a field to time. A slightly more manageable meaning to this proposed reform and to the quarterly RIN Activity Report on version that we considered but are not enhance our market monitoring whether the proposed D6 RIN holding proposing would be to require that an capabilities, we are proposing in this individual RIN separated in one quarter duration limit was exceeded in the section that auditors would include in by a blender be sold by that blender by quarter. We are also proposing that the their annual attest engagements that quarter’s compliance deadline for attest engagement auditor would review submitted to EPA by June 1 following obligated parties. This approach would the D6 RIN separation and sales the compliance year the names of the still tag each RIN or RIN batch with an numbers and confirm that the parties party’s corporate and contractual expiration date, but the same expiration made the proper calculations and affiliates in the compliance year. Parties date would be applied to all RINs reported accurately to EPA on that meet both definitions would need generated in the quarter. This approach compliance with the proposed to be identified in both categories.193 would result in a total of four expiration provision. This proposed approach to dates a year across the whole RIN Given the complexity of contracts and reporting, recordkeeping, and RIN transactions, it is very challenging system for EPA to keep track of rather compliance oversight is similar to our than thousands or millions. However, for EPA to confirm whether parties have proposals for the first and third reforms common ownership and whether any we believe that any approach that discussed in this action. We seek requires EMTS to tag individual RINs or group of corporate affiliates reached a comment on this proposed approach to level of aggregated D6 RIN holdings in RIN batches with a specific date would compliance oversight. be technically infeasible. We seek a compliance year that would trigger the comment on the proposed approach and 5. Enhancing EPA’s Market Monitoring thresholds established in Section III.E.1 on any other alternative approaches that Capabilities of this action. Therefore, we believe we commenters recommend. need to collect information on corporate The approach we are proposing, if In addition to the four reforms affiliates to allow us to properly conduct finalized, as well as all of the other proposed in this action, we are oversight of the RIN market. We are also approaches considered, would allow a considering taking additional steps to proposing that this list would contain non-obligated party to maintain the RIN enhance our market monitoring the names of contractual affiliates so holdings it would have on the day capabilities in order to better detect that we could maintain some insight before the effective date of this reform. potential market manipulation. The into any additional market share parties This aspect of the reform could items listed below represent options we could have control over. We note that incentivize non-obligated parties to are currently considering, and we this list would include parties that are build up their RIN holdings in advance welcome public input on any aspects not registered with EMTS to hold RINs. of the final rule effective date, which related to enhancing our data While only registered affiliates are would be counter to the goal of this collections, enhancing our data systems, included in the threshold equations in reform. We seek comment on an and/or seeking third-party RIN market approach to addressing this concern. surveillance assistance. We are also 193 For diagrams and examples of different types seeking comment on how these options of affiliates, see the memorandum, ‘‘Affiliates and We are proposing that all non- Groups Definitional Relationship and obligated parties would be subject to could work in conjunction with the four Requirements,’’ available in the docket for this this D6 RIN holding duration limit, with reforms outlined in Sections III.E.1–4. action.

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Section III.E.1 for simplicity, we believe better reflection of market prices on a the RIN market. If these anti-competitive we need a wider picture of affiliations given day. We seek comment on this behaviors were to occur in the RIN to, for example, monitor for a non- updated reporting requirement. market, then it comes at a cost to both registered party that has established obligated parties and biofuel producers b. Third-Party Market Monitoring contracts with multiple parties to if the prices are artificially inflated or purchase and own a large number of We are considering whether we deflated. Therefore, if the proposed aggregated RINs on its behalf. We would should employ third-party monitoring reforms deliver on their intended goal, treat these lists as CBI and would not of the RIN market. We are aware of other we believe the net benefit of this should make them publicly available. We environmental commodity markets that help reduce undue costs and lower the recognize that there may be challenges employ third-party market monitoring risks for both obligated parties and that we may not be aware of for parties services to conduct analysis of the renewable fuel producers. These to disclose this information to auditors market, including screening for proposed reforms also provide the and for auditors to pass it along to EPA, potential anti-competitive behavior or added benefit of increasing transparency and therefore we are seeking comment market manipulation. For example, the into the RIN market. In general, true on any potential concerns and how Western Climate Initiative, Inc. provides commodities markets function these concerns may outweigh the administrative services to the linked cap optimally when all participants have benefits of adding this data to market and trade programs in Quebec and access to as much information possible, oversight. California, including managing a without infringing on confidential We are also proposing amendments to contract with a company that provides business information, and this 40 CFR 80.1452(c)(12) to specify how independent marketing monitoring for information is disseminated or shared parties report prices of RIN transactions the jurisdictions.194 Quebec and with all parties at the same time. This to EPA. Currently, some RIN prices California each maintain market helps create a level playing field and reported are illogical numbers, so we are monitoring capabilities to oversee the minimize any potential advantage one providing further instruction on how to joint market. In addition, RGGI contracts party may have over the another. The report the true price correctly. with a third-party to monitor its CO2 net benefit of greater transparency helps Specifically, we are proposing that a per allowance trading market and produce market participants, such as obligated gallon RIN price would be required for and publish quarterly and annual parties, plan short- and long-term a separated RIN transaction and that a reports summarizing their findings.195 strategies to manage their compliance price of $0.00 would only be allowed for We believe additional RIN market costs. intracompany and tolling agreement oversight and monitoring from an transactions. We are also seeking independent third-party could serve as 2. Costs of RIN Market Reform comment on any other legitimate a deterrent to manipulative behavior As detailed in Sections III.E.1–4, we reasons for reporting a $0.00 RIN price and increase market transparency, are proposing to require additional besides the reasons identified above. enabling the market to more easily reporting and recordkeeping for We are also planning to update function as designed. However, we also obligated parties under the RFS program business rules in EMTS to require that recognize this added feature would and non-obligated parties that both parties in a RIN transaction enter come at a cost that may or may not participate in the RIN market. As a the same RIN price. EMTS already has outweigh the benefits. For example, result, we expect modest costs a business rule that requires both parties there would be additional financial and associated with these new in a RIN transaction to enter the same staff time costs to manage the contracts requirements.196 Specifically, we RIN volume, and this business rule has and system with the third party, anticipate new costs associated with been very helpful in maintaining high including ensuring proper data security, reporting and recordkeeping quality volume data that we can reliably transfer, and training that would divert requirements related to RIN holdings, publish and use for compliance EPA’s already limited resources away affiliated parties, increased compliance oversight. These and other business from the many high priority areas under frequency, and any other data elements rules prevent data entry errors and the RFS program. Therefore, we are EPA collects as informed by Section prompt parties that haven’t properly seeking comment on whether we should III.E.5.a. We also anticipate some costs followed the instructions in the consider employing third-party associated with prohibiting certain non- regulations to correct their numbers. By monitoring of the RIN market, including obligated parties from purchasing adding a similar business rule to EMTS production of market analysis reports separated D6 RINs. Many of these on prices, we believe we can prevent and how to share findings in these parties have developed business models reporting errors and improve the quality reports and still protect confidential and enter into contracts that may and reliability of our price data. business information. require them to leverage the ability to Finally, we are proposing to update purchase separated D6 RINs on spot F. RIN Market Reform Economic the transaction type options at 40 CFR markets. Prohibiting this practice would Impacts 80.1452(c)(6) to capture whether a RIN require that these parties adjust their transaction is the result of a spot trade 1. Benefits of RIN Market Reform business models. or of delivery from a term contract. We The goal of the proposed reforms is to G. Conclusion believe that collecting this additional discourage or help prevent anti- On October 11, 2018, President information will improve our competitive market practices that may Trump issued a White House statement understanding of the RIN price reported introduce uncertainty or volatility into because we will know whether the price explaining that EPA was being directed to initiate a rulemaking. Consequently, was established on the transaction date 194 See ‘‘Annual Report 2017 Activities and or sometime prior. With this Accomplishments’’ (May 1, 2018), available at in this action, we are proposing information in hand, we could filter http://www.wci-inc.org/docs/Attachment% term contract prices out of the RIN price 206a.%20WCI_Inc_2017_Annual_Report_Final.pdf. 196 For a quantitative breakdown of new 195 dataset that we publish and analyze See ‘‘Annual Report on the Market for RGGI recordkeeping and reporting burden imposed by CO2 Allowances: 2017’’ (May 2018), available at this action, see ‘‘ICR _Detailed Burden Tables’’ and internally for compliance oversight. https://www.rggi.org/auctions/market-monitor- ‘‘E15 RVP RIN Market Reform Rule ICR _Supporting Thus, the published price would be a reports. Statement’’ materials in the docket for this action.

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regulatory changes in line with the proposing enhancements to existing prepared has been assigned EPA ICR President’s Directive that could serve to reporting fields in EMTS to improve our number 2592.01. You can find a copy of prevent anti-competitive behavior from RIN price data for analysis. the ICR in the docket for this rule, and potentially taking root in the future. We are seeking comment on all of the it is briefly summarized here. In Section III.E.1, we are proposing to reform details proposed in this action, This ICR includes all additional RFS set two thresholds that would work in including the proposed reporting and related information collection activities tandem to identify parties with recordkeeping requirements. We also resulting from the Modifications to Fuel separated D6 RIN holdings significantly seek comment on means to reduce the Regulations to Provide Flexibility for larger than needed for normal business burden of implementation of these E15; Modifications to RFS RIN Market functions and which may indicate an reforms, including on small entities. We Regulations proposed rulemaking. attempt to assert inappropriate market are not seeking comment on the many These information collection activities power. Although we are not proposing elements of the RFS program that are include new recordkeeping and that exceeding the threshold would be not proposed for amendment in this reporting requirements proposed under a prohibited act, we are proposing that action, and those program elements and 40 CFR part 80, subpart M. we would publish on our website the regulatory provisions are outside the Respondents/affected entities: The names of any parties that reported scope of this action. respondents to this information exceeding the thresholds. We are also collection fall into the following general proposing that the RIN holdings of IV. Statutory and Executive Order industry categories: Petroleum corporate affiliates be included in a Reviews refineries, ethyl alcohol manufacturers, party’s threshold calculations. In A. Executive Order 12866: Regulatory other basic organic chemical Section III.E.2, we are proposing to Planning and Review and Executive manufacturing, chemical and allied establish RIN retirement requirements Order 13563: Improving Regulation and products merchant wholesalers, for the first three quarters of the Regulatory Review petroleum bulk stations and terminals, compliance year. Obligated parties petroleum and petroleum products This action is a significant regulatory could use any D-code RINs to do so. merchant wholesalers, gasoline service action that was submitted to the Office This reform would not impact the stations, and marine service stations. current annual RVO calculations or of Management and Budget (OMB) for Respondent’s obligation to respond: compliance. In Section III.E.3, we are review. Any changes made in response Mandatory. proposing that only obligated parties, to OMB recommendations have been Estimated number of respondents: exporter, and certain non-obligated documented in the docket. 22,119. parties be allowed to purchase separated B. Executive Order 13771: Reducing Frequency of response: Quarterly, D6 RINs. Non-obligated parties would Regulations and Controlling Regulatory annually. be exempt from this proposed Costs Total estimated burden: 216,891 restriction if they were a corporate or hours (per year). Burden is defined at 5 contractual affiliate to an obligated This action is not expected to be an CFR 1320.3(b). party. In Section III.E.4, we are Executive Order 13771 regulatory Total estimated cost: $20,445,451 (per proposing a limit on the duration that a action. Details on the estimated costs of year). non-obligated party could hold this proposed rule can be found in An agency may not conduct or separated D6 RINs. Specifically, we are EPA’s analysis of the potential costs and sponsor, and a person is not required to proposing that a non-obligated party benefits associated with this action. respond to, a collection of information would be required to sell or retire as C. Paperwork Reduction Act (PRA) unless it displays a currently valid OMB many RINs as it obtained in a quarter by control number. The OMB control the end of that quarter. In Section With respect to the E15 1-psi waiver numbers for EPA’s regulations in 40 III.E.5, we outline our consideration of portion of this action, no new CFR are listed in 40 CFR part 9. taking additional steps to enhance our information collection burden is Submit your comments on the market monitoring capabilities. We imposed under the PRA. OMB has Agency’s need for this information, the discuss the possibility of employing a previously approved the information accuracy of the provided burden third-party market monitor to conduct collection activities contained in the estimates and any suggested methods analysis of the RIN market, including existing regulations and has assigned for minimizing respondent burden to screening for potential anti-competitive OMB control number 2060–0675. The EPA using the docket identified at the behavior. proposed changes to the regulations beginning of this rule. You may also Overall, we are proposing to amend would remove a small segment of send your ICR-related comments to existing reports to collect quarterly RIN language on PTDs required to be OMB’s Office of Information and retirement information and information generated and kept as records by parties Regulatory Affairs via email to OIRA_ on whether the proposed D6 RIN that make and distribute gasoline under [email protected], Attention: holding thresholds were exceeded and the regulations at 40 CFR part 80, Desk Officer for EPA. Since OMB is whether the proposed requirements on subpart N. These proposed changes required to make a decision concerning purchasing and holding separated D6 would not require any additional the ICR between 30 and 60 days after RINs were met. We are proposing that information from regulated parties nor receipt, OMB must receive comments no parties would keep all records related to do we believe that these proposed later than April 22, 2019. EPA will these reporting requirements and would changes would substantively alter respond to any ICR-related comments in submit them to auditors for the attest practices used by regulated parties to the final rule. engagement process. In particular, we satisfy the PTD regulatory requirements. are proposing that each party would The information collection activities D. Regulatory Flexibility Act (RFA) submit a complete list of its corporate related to the RIN market reform portion I certify that this action will not have and contractual affiliates to the auditor of this proposed rule have been a significant economic impact on a for review and that the auditor would submitted for approval to OMB under substantial number of small entities submit that list to EPA with its attest the PRA. The Information Collection under the RFA. In making this engagement report. Finally, we are Request (ICR) document that EPA determination, the impact of concern is

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any significant adverse economic G. Executive Order 13175: Consultation V. Statutory Authority impact on small entities. An agency may and Coordination With Indian Tribal Statutory authority for this action certify that a rule will not have a Governments comes from section 211 of the Clean Air significant economic impact on a This action does not have tribal Act, 42 U.S.C. 7545. Additional support substantial number of small entities if for the procedural and compliance the rule relieves regulatory burden, has implications as specified in Executive Order 13175. related aspects of this proposed rule no net burden or otherwise has a comes from sections 114, 208, and positive economic effect on the small H. Executive Order 13045: Protection of 301(a) of the Clean Air Act, 42 U.S.C. entities subject to the rule. Children From Environmental Health 7414, 7542, and 7601(a). Risks and Safety Risks With respect to the E15 1-psi waiver List of Subjects in 40 CFR Part 80 portion of this action, the proposed EPA interprets Executive Order 13045 Environmental protection, Fuel regulatory changes do not substantively as applying only to those regulatory additives, Gasoline, Labeling, Motor alter the regulatory requirements on actions that concern environmental vehicle pollution, Penalties, Reporting parties that make and distribute health or safety risks that EPA has and recordkeeping requirements. gasoline. Additionally, the proposed reason to believe may interpretation to allow E15 to receive Dated: March 12, 2019. disproportionately affect children, per Andrew Wheeler, the 1-psi waiver would allow parties the definition of ‘‘covered regulatory Administrator. that make and distribute E15, including action’’ in section 2–202 of the small entities, more flexibility in the Executive Order. This action is not For the reasons set forth in the summer to satisfy market demands. subject to Executive Order 13045 preamble, EPA proposes to amend 40 With respect to the proposed RIN because it does not concern an CFR part 80 as follows: environmental health risk or safety risk. market reform provisions of this action, PART 80—REGULATION OF FUEL we have conducted a screening analysis I. Executive Order 13211: Actions AND FUEL ADDITIVES to assess whether we should make a Concerning Regulations That finding that this action will not have a Significantly Affect Energy Supply, ■ 1. The authority citation for part 80 significant economic impact on a Distribution, or Use continues to read as follows: substantial number of small entities.197 Authority: 42 U.S.C. 7414, 7521, 7542, As detailed in that analysis, we believe This action is not a ‘‘significant 7545, and 7601(a). that the existing flexibilities for small energy action’’ because it is not likely to entities provide sufficient compliance have a significant adverse effect on the Subpart B—Controls and Prohibitions supply, distribution or use of energy. flexibility and no additional flexibilities ■ 2. Section 80.27 is amended by The flexibility provided to E15 blends are necessary. revising paragraph (d)(2) to read as by this action will enable additional We have therefore concluded that this follows: supply of energy but are not expected to action will have no net regulatory have an immediate significant effect on § 80.27 Controls and prohibitions on burden for all directly regulated small supply, distribution, or use of energy. gasoline volatility. entities. The modifications to the RFS * * * * * E. Unfunded Mandates Reform Act compliance system are not expected to (d) * * * (UMRA) have a significant effect on supply, (2) In order to qualify for the special distribution, or use of energy. regulatory treatment specified in This action does not contain an paragraph (d)(1) of this section, gasoline unfunded mandate of $100 million or J. National Technology Transfer and must contain denatured, anhydrous Advancement Act (NTTAA) more as described in UMRA, 2 U.S.C. ethanol. The concentration of the 1531–1538, and does not significantly or This rulemaking does not involve ethanol, excluding the required uniquely affect small governments. This technical standards. denaturing agent, must be at least 9% action implements mandates and no more than 15% (by volume) of specifically and explicitly set forth in K. Executive Order 12898: Federal the gasoline. The ethanol content of the CAA sec. 211 and we believe that this Actions To Address Environmental gasoline shall be determined by the use action represents the least costly, most Justice in Minority Populations and of one of the testing methodologies Low-Income Populations cost-effective approach to achieve the specified in § 80.47. The maximum statutory requirements. ethanol content shall not exceed any EPA believes that this action does not applicable waiver conditions under F. Executive Order 13132: Federalism have disproportionately high and section 211(f) of the Clean Air Act. adverse human health or environmental effects on minority populations, low * * * * * This action does not have federalism ■ 3. Section 80.28 is amended by income populations, and/or indigenous implications. It will not have substantial revising paragraphs (g)(6)(iii), (g)(8) peoples, as specified in Executive Order direct effects on the states, on the introductory text, and (g)(8)(ii) as 12898 (59 FR 7629, February 16, 1994). relationship between the national follows: government and the states, or on the This proposed rule does not affect the distribution of power and level of protection provided to human § 80.28 Liability for violations of gasoline responsibilities among the various health or the environment by applicable volatility controls and prohibitions. levels of government. air quality standards. This action does * * * * * not substantially relax the control (g) * * * measures on sources regulated by EPA (6) * * * 197 See ‘‘Screening Analysis for the Proposed fuels programs and therefore will not (iii) That the gasoline determined to Modifications to RFS RIN Market Regulations,’’ cause emissions increases from these be in violation contained no more than available in the docket for this action. sources. 15% ethanol (by volume) when it was

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delivered to the next party in the a corporate affiliate to at least one other Where: distribution system. party in the group. IRi,q = The installment requirement is the * * * * * * * * * * number of RINs an obligated party needs DX RIN means a RIN with a D code to retire for quarter q in compliance (8) In addition to the defenses period i, in RINs. of X, where X is the D code of the provided in paragraphs (g)(1) through RFStdRF,i = The Renewable Volume (g)(6) of this section, in any case in renewable fuel as identified under Obligation for renewable fuel for which an ethanol blender, distributor, § 80.1425, generated under § 80.1426, compliance period i, determined by EPA reseller, carrier, retailer, or wholesale and submitted to EMTS under pursuant to § 80.1405, in percent. purchaser-consumer would be in § 80.1452. For example, a D6 RIN is a GVi,q = The cumulative non-renewable violation under paragraphs (b), (c), (d), RIN with a D code of 6. gasoline volume, determined in (e) or (f), of this section, as a result of accordance with § 80.1407(b), (c), and (f), * * * * * which is produced in or imported into gasoline which contains between 9 and End of day means 7:00 a.m. the 48 contiguous states or Hawaii by an 15 percent ethanol (by volume) but Coordinated Universal Time (UTC). obligated party in compliance period i exceeds the applicable standard by more * * * * * through quarter q, in gallons. than one pound per square inch (1.0 ■ 5. Section 80.1427 is amended by: DVi,q = The cumulative non-renewable diesel psi), the ethanol blender, distributor, ■ a. Revising paragraph (b)(1) volume, determined in accordance with reseller, carrier, retailer or wholesale introductory text; § 80.1407(d), (e), and (f), produced in or purchaser-consumer shall not be ■ b. Redesignating paragraphs (b)(1)(ii) imported into the 48 contiguous states or deemed in violation if such person can Hawaii by an obligated party in through (iv) as paragraphs (b)(1)(iii) compliance period i through quarter q, in demonstrate, by showing receipt of a through (v); gallons. certification from the facility from ■ c. Adding new paragraph (b)(1)(ii); i = The compliance period, typically which the gasoline was received or ■ d. Revising newly redesignated expressed as a calendar year. other evidence acceptable to the paragraph b(1)(iii); and q = The quarter, as defined in Table 1 to Administrator, that: ■ e. Adding paragraph (d). § 80.1451, in compliance period i. * * * * * The revisions and additions read as SHORTi.q = Cumulative shortfall from prior follows: quarters in compliance period i through (ii) The ethanol portion of the blend quarter q, which includes the amount of does not exceed 15 percent (by volume); § 80.1427 How are RINs used to additional RINs an obligated party and demonstrate compliance? needed to retire to meet the installment * * * * * * * * * * requirement in the prior quarter(s), in (b) * * * RINs. For quarter one, this term is zero. Subpart M—Renewable Fuel Standard (1) An obligated party that fails to OVERi,q = Cumulative overage from the prior quarter(s) in compliance period i through meet the requirements of paragraph ■ 4. Section 80.1401 is amended by quarter q, which includes the amount of (a)(1) or (a)(7) of this section for excess RINs retired more than the adding in alphabetical order definitions calendar year i or fails to meet the for ‘‘Contractual affiliate,’’ ‘‘Corporate installment requirement in the prior requirements of paragraph (d)(1) of this quarter(s), in RINs. For quarter one, this affiliate,’’ ‘‘Corporate affiliate group,’’ section for any quarter in calendar year term is zero. ‘‘DX RIN,’’ and ‘‘End of Day’’ to read as i is permitted to carry a deficit into year follows: (3) An obligated party must satisfy the i + 1 under the following conditions: installment in compliance period i as § 80.1401 Definitions. * * * * * required by paragraph (d)(2) of this * * * * * (ii) The party met the requirements of section unless the obligated party Contractual affiliate means one of the paragraph (d)(1) of this section in each satisfies all installments in compliance ¥ following: quarter in calendar year i 1 for the period i + 1 or has no RVO in (1) Two parties are contractual same RVO. compliance period i. (iii) The party subsequently meets the ■ 6. Section 80.1428 is amended by affiliates if they have an explicit or requirements of paragraphs (a)(1) and revising paragraph (b)(2) to read as implicit agreement in place for one to (d)(1) of this section for calendar year i follows: purchase or hold RINs on behalf of the + 1 and carries no deficit into year i + other or to deliver RINs to the other. 2 for the same RVO. § 80.1428 General Requirements for RIN This other party may or may not be distribution. * * * * * registered under the RFS program. * * * * * (2) Two parties are contractual (d) Installment requirement. (1) In (b) * * * affiliates if one RIN-owning party addition to the annual demonstration (2) Separated RIN ownership. (i) Any purchases or holds RINs on behalf of the pursuant to § 80.1451(a)(1) that an person that has registered pursuant to other. This other party may or may not obligated party has met its Renewable § 80.1450 can own a separated RIN, be registered under the RFS program. Volume Obligations under §§ 80.1407 except as specified in paragraph and 80.1430, each obligated party must * * * * * (b)(2)(ii) of this section. meet an installment requirement by (ii) Only a person that has registered Corporate affiliate means one of the retiring a sufficient number of RINs for as an obligated party or exporter of following: the first three quarters of the compliance renewable fuel pursuant to § 80.1450, (1) Two parties are corporate affiliates year by the reporting deadlines and who must satisfy an RVO, may if one owns or controls ownership of specified in Table 1 to § 80.1451, except purchase a separated D6 RIN, unless the more than 20 percent of the other. as specified in paragraph (d)(3) of this person meets one of the following (2) Two parties are corporate affiliates section. conditions: if one parent company owns or controls (2) Obligated parties must determine (A) The person meets the definition of ownership of more than 20 percent of their installment requirements as contractual affiliate or corporate affiliate both. follows: in § 80.1401. Corporate affiliate group means a IRi,q = [RFStdRF,i * (GVi,q + DVi,q) * 0.80] (B) The person is replacing an invalid group of parties in which each party is + SHORTi,q¥OVERi,q D6 RIN under this subpart.

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(iii) Any person who owns a holdings-to-market percentage for a HTOPd = The holdings-to-obligation separated D6 RIN under paragraph corporate affiliate group as follows: percentage is the percentage of separated D6 RINs a corporate affiliate group holds (b)(2)(i) of this section and is not an HTMPd = [(èD6RINd)a/(CNV_VOLTOT,i * obligated party must either sell or retire on calendar day d relative to their 1.25)] * 100 expected separated D6 RIN holdings at least the total number of D6 RINs Where: based on the corporate affiliate group’s separated or purchased in a quarter by conventional RVO for compliance period HTMPd = The holdings-to-market percentage the quarterly report deadline specified i-1, in percent. in Table 1 in § 80.1451. is the percentage of separated D6 RINs a corporate affiliate group holds on d = A given calendar day. (iv) Any person who owns a separated calendar day d relative to the total i = The compliance period, typically D6 RIN to replace an invalid D6 RIN, as expected number of separated D6 RINs expressed as a calendar year. allowed under paragraph (b)(2)(ii)(B) of in the market in compliance period i, in a = Individual corporate affiliate in a this section, may not sell the separated percent. corporate affiliate group. or purchased D6 RIN and must retire the d = A given calendar day. (èD6RINd)a = Sum of the number of separated D6 RINs each individual corporate separated or purchased D6 RIN within i = The compliance period, typically expressed as a calendar year. affiliate a holds on calendar day d, in 60 days of the date of separating or RIN-gallons. purchasing the RIN pursuant to the a = Individual corporate affiliate in a _ corporate affiliate group. (èCNV RVOi-1)a = Sum of the conventional applicable provisions of §§ 80.1431 and RVOs for each individual corporate (èD6RINd)a = Sum of the number of separated 80.1474. D6 RINs each individual corporate affiliate a for compliance period i-1 as * * * * * affiliate a holds at the end of calendar calculated in paragraph (b)(2)(iii) of this section, in RIN-gallons. ■ 7. Section 80.1435 is added to read as day d, in RIN-gallons. _ _ (èCNV DEFi-1)a = Sum of the conventional follows: CNV VOLTOT,i = The total expected annual volume of conventional renewable fuels deficits for each individual corporate § 80.1435 How are RIN holdings and RIN for the compliance period i, in gallons. affiliate a as calculated in paragraph holding thresholds calculated? Unless otherwise specified, this number (b)(2)(iv) of this section for compliance is 15 billion gallons. period i-1, in RIN-gallons. (a) RIN holdings calculation. (1) Each (èCNV_DEFi-2)a = Sum of the conventional party must calculate daily end-of-day (ii) For each day beginning April 1 deficits for each individual corporate separated D6 RIN holdings by through December 31, calculate the affiliate a as calculated in paragraph aggregating its end-of-day separated D6 holdings-to-market percentage for a (b)(2)(iv) of this section for compliance RIN holdings with the end-of-day corporate affiliate group as follows: period i-2, in RIN-gallons. separated D6 RIN holdings of all HTMPd = [(èD6RINd)a/(CNV_VOLTOT,i)] (ii) For each day beginning April 1 corporate affiliates in a corporate * 100 through December 31, calculate the affiliate group and use the end-of-day Where: holdings-to-obligation percentage as separated D6 RIN holdings as specified follows: in paragraph (b) of this section. HTMPd = The holdings-to-market percentage { _ (2) Each party must calculate, as is the percentage of separated D6 RINs a HTOPd = (èD6RINd)a/[(èCNV RVOi-1)a corporate affiliate group holds on + (èCNV_DEFi-1)a]} * 100 applicable, the holdings-to-market calendar day d relative to the total percentage under paragraph (b)(1) of the expected number of separated D6 RINs Where: section and the holdings-to-obligation in the market in compliance period i, in HTOPd = The holdings-to-obligation percentage under paragraph (b)(2) of percent. percentage is the percentage of separated this section quarterly in accordance d = A given calendar day. D6 RINs a corporate affiliate group holds with the schedule specified in Table 1 i = The compliance period, typically on calendar day d relative to their to § 80.1451. expressed as a calendar year. expected separated D6 RIN holdings (3) Each obligated party that is part of a = Individual corporate affiliate in a based on the corporate affiliate group’s conventional RVO for compliance period a corporate affiliate group that has a corporate affiliate group. (èD6RINd)a = Sum of the number of separated i-1, in percent. holdings-to-market percentage, as D6 RINs each individual corporate d = A given calendar day. calculated under paragraph (b)(1) of this affiliate a holds at the end of calendar i = The compliance period, typically section, greater than 3.00 percent for day d, in RIN-gallons. expressed as a calendar year. any calendar day in a compliance CNV_VOLTOT,i = The total expected annual a = Individual corporate affiliate in a period must calculate their holdings-to- volume of conventional renewable fuels corporate affiliate group. obligation percentage as specified in for compliance period i, in gallons. (èD6RINd)a = Sum of the number of separated paragraph (b)(2) of this section. Unless otherwise specified, this number D6 RINs each individual corporate (4) Each party must individually keep is 15 billion gallons. affiliate a holds on calendar day d, in RIN gallons. (2) Secondary threshold calculations. For copies of all calculations and supporting (èCNV_RVO ) = Sum of the conventional each day in a compliance period where a i-1 a information for separated D6 RIN RVOs for each individual corporate corporate affiliate group is required to holding threshold calculations required affiliate a for compliance period i-1 as calculate with the secondary threshold under this section as specified in calculated in paragraph (b)(2)(iii) of this requirement under § 80.1435(a)(4), each section, in RIN-gallons. § 80.1454(u). obligated party must calculate the holdings- (èCNV_DEF ) = Sum of the conventional (b) RIN holding thresholds to-obligation percentage for their corporate i-1 a deficits for each individual corporate calculations.—(1) Primary test affiliate group using the methods at affiliate a as calculated in paragraph calculations. For each day in a paragraph (b)(2)(i) or (b)(2)(ii) of this section, (b)(2)(iv) of this section for compliance compliance period, each party that as applicable. period i-1, in RIN-gallons. owns RINs must calculate the holdings- (i) For each day beginning January 1 to-market percentage for their corporate through March 31, calculate the holdings-to- (iii) As needed to calculate the affiliate group using the method obligation percentage as follows: holdings-to-obligation percentage in { _ specified in paragraph (b)(1)(i) or HTOPd = [(èD6RINd)a/ [(èCNV RVOi-1)a + paragraphs (b)(2)(i) and (b)(2)(ii) of this (èCNV_DEFi-1)a + (èCNV_DEFi-2)a] * (b)(1)(ii) of this section, as applicable. } section, calculate the conventional RVO (i) For each day beginning January 1 1.25 ] * 100 for an individual corporate affiliate as through March 31, calculate the Where: follows:

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CNV_RVOi = {[RFStdRF,i * (GVi + (2) Secondary threshold test. If an in § 80.1435. If the answer is yes, then DVi)]¥[RFStdAB,i * (GVi + DVi)]} + obligated party or a corporate affiliate EPA may publish the name and EPA- ERVORF,i group required to calculate a holdings- issued company identification number Where: to-obligation percentage under of the party. paragraph (a)(3) of this section has a (vi) For non-obligated parties who CNV_RVOi = The conventional RVO for an individual corporate affiliate for holdings-to-obligation percentage purchased separated D6 RINs during the compliance period i without deficits, in greater than 130.00 percent for any reporting period, the reason(s) for the RIN-gallons. calendar day in a compliance period, as purchase consistent with i = The compliance period, typically determined under paragraph (b)(2) of § 80.1428(b)(2)(ii). expressed as a calendar year. this section, each party in the corporate (vii) Total number of assigned D6 RFStdRF,i = The standard for renewable fuel affiliate group must separately report to RINs separated during the reporting for compliance period i determined by EPA as specified in § 80.1451(c). period. EPA pursuant to § 80.1405, in percent. (3) Reporting deadline. Parties (viii) Total number of separated D6 RFStdAB,i = The standard for advanced required to report to EPA under this RINs purchased during the reporting biofuel for compliance period i section as specified under § 80.1451(c), period. determined by EPA pursuant to (ix) Total number of separated D6 § 80.1405, in percent. must report to EPA by the deadlines RINs sold during the reporting period. GVi = The non-renewable gasoline volume, specified in Table 1 to § 80.1451. determined in accordance with ■ 8. Section 80.1451 is amended by (x) Total number of separated D6 RINs § 80.1407(b), (c), and (f), which is revising paragraphs (a)(3) and (c)(2) to retired during the reporting period. produced in or imported into the 48 read as follows: (xi) For non-obligated parties, total contiguous states or Hawaii by an number of separated D6 RINs subject to obligated party for compliance period i, § 80.1451 What are the reporting the requirement in § 80.1428(b)(2)(iii) in gallons. requirements under the RFS program? held past the stated RIN distribution DVi = The non-renewable diesel volume, (a) * * * deadline. determined in accordance with (3) The quarterly RIN activity reports (xii) The volume of renewable fuel (in § 80.1407(b), (c), and (f), which is required under paragraph (c)(2) of this gallons) owned at the end of the quarter. produced in or imported into the 48 section to also include: (xiii) The total number of assigned contiguous states or Hawaii by an (i) For obligated parties, all of the RINs owned at the end of the quarter. obligated party for compliance period i, (xiv) Any additional information that in gallons. following information: the Administrator may require. ERVORF,i = The sum of all renewable volume (A) The installment requirement obligations from exporting renewable calculated using the procedures in * * * * * fuels, as calculated under § 80.1430, by § 80.1427(d) for the applicable quarterly ■ 9. Section 80.1452 is amended by: an obligated party for compliance period reporting period. ■ a. Revising paragraph (c)(12); and i, in RIN-gallons. (B) The cumulative shortfall from ■ b. Adding paragraph (c)(15). The revision and addition read as (iv) As needed to calculate the prior quarters as calculated in follows: holdings-to-obligation percentage in § 80.1427(d). paragraphs (b)(2)(i) and (b)(2)(ii) of this (C) The cumulative overage from the § 80.1452 What are the requirements section, calculate the conventional prior quarters as calculated in related to the EPA Moderated Transaction deficit for an individual corporate § 80.1427(d). System (EMTS)? affiliate as follows: (D) The resulting balance after * * * * * applying total RINs retired for CNV_DEFi = DRF,i¥DAB,i (c) * * * compliance as calculated in (12)(i) For RIN buy or sell transaction Where: § 80.1427(d). types including assigned RINs, the per- _ CNV DEFi = The conventional deficit for an (ii) Any additional information that gallon RIN price or the per-gallon price individual corporate affiliate for the Administrator may require. of renewable fuel with RINs included. compliance period i, in RIN-gallons. If a * * * * * (ii) For RIN buy or sell transaction conventional deficit is less than zero, use zero for conventional deficits in (c) * * * types including separated RINs, the per- paragraphs (b)(2)(i) and (b)(2)(ii) of this (2) Reports related to a person’s RIN gallon RIN price. section. activity must be submitted to EPA * * * * * i = The compliance period, typically according to the schedule specified in (15) For buy or sell transactions of expressed as a calendar year. paragraph (f)(2) of this section. Each separated RINs, the mechanism used to DRF,i = Deficit carryover from compliance report must summarize RIN activities purchase the RINs (e.g., spot market or period i for renewable fuel, in RIN- for the reporting period and must fulfilling a term contract). gallons. include all of the following information: DAB,i = Deficit carryover from compliance * * * * * (i) The submitting party’s name. ■ 10. Section 80.1454 is amended by period i for advanced biofuel, in RIN- (ii) The submitting party’s EPA-issued gallons. adding paragraphs (i)(1) and (2) and company identification number. paragraphs (u) through (y) to read as (c) Exceeding the D6 RIN holding (iii) Primary registration designation follows: thresholds. (1) Primary threshold test. If or compliance level for compliance year a party or corporate affiliate group has (e.g., ‘‘Aggregated Refiner,’’ ‘‘Exporter,’’ § 80.1454 What are the recordkeeping a holdings-to-market percentage greater ‘‘Renewable Fuel Producer,’’ ‘‘RIN requirements under the RFS program? than three percent for any calendar day Owner Only,’’ etc.). * * * * * in a compliance period, as determined (iv) Number of prior-year and current- (i) * * * under paragraph (b)(1) of this section, year separated D3, D4, D5, D6, and D7 (1) For buy or sell transactions of and the corporate affiliate group does RINs owned at the end of the quarter. separated RINs, parties must retain not contain an obligated party, each (v) Indicate if the submitting party records substantiating the price reported party in the corporate affiliate group exceeded the separated D6 RIN holding to EPA under § 80.1452. must separately submit a report to EPA threshold in the quarter, as determined (2) For buy or sell transactions of as specified in § 80.1451(c). by the applicable calculation specified separated RINs, parties must retain

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records demonstrating the transaction ■ 11. Section 80.1460 is amended by company ID, company name, corporate mechanism (e.g., spot market or revising paragraphs (c)(1) and (d) to read address, etc) and any findings to EPA. fulfilling a term contract). as follows: (4) Quarterly installment requirement * * * * * for obligated parties. (i) Compare the § 80.1460 What acts are prohibited under volumes of products listed in (u) Requirements for recordkeeping of the RFS program? RIN holdings for all parties transacting § 80.1407(c) and (e) reported to EPA in * * * * * or owning RINs. (1) Parties must retain the report required under § 80.1451(a)(3) (c) * * * with the volumes, excluding any records related to end-of-day separated (1) Fail to acquire sufficient RINs, fail D6 RIN holdings, conventional RVO renewable fuel volumes, contained in to retire sufficient RINs, or use invalid the inventory reconciliation analysis calculations, and any associated RINs to meet the person’s RVOs or calculations recorded in order to meet under § 80.133 and the volume of non- quarterly compliance requirements renewable diesel produced or imported. the RIN holdings requirements under § 80.1427. described in § 80.1435. Such records Verify that the volumes reported to EPA must include information related to any * * * * * agree with the volumes in the inventory corporate affiliates and their RIN (d) RIN retention violation. No person reconciliation analysis and the volumes holdings and calculations. may do any of the following: of non-renewable diesel produced or (1) Retain RINs in violation of the (2) Parties must retain records related imported, and report as a finding any requirements in § 80.1428(a)(5). to their reports to EPA regarding exception. (2) Purchase separated RINs in (ii) Compare the calculated threshold compliance under §§ 80.1435 violation of the requirements in installment requirement for each quarter and 80.1451. § 80.1428(b)(2). using the required steps found in (v) Requirements for recordkeeping 80.1427(d) with any RINs retired for for installment requirement. (1) * * * * * ■ compliance. Verify that any cumulative Obligated parties must retain records 12. Section 80.1464 is amended by: ■ shortfall or cumulative overage is related to gasoline and diesel a. Revising paragraph (a)(3)(ii); ■ b. Adding paragraphs (a)(4) through carried through as applicable into any production levels used for RVO subsequent quarter. calculation in §§ 80.1427 and 80.1451. (5); ■ c. Revising paragraph (b)(3)(ii); (5) RIN holdings. (i) Obtain and read (2) Obligated parties must retain ■ d. Adding paragraph (b)(5); copies of the RIN holdings calculations records related to the RVO calculation ■ e. Revising paragraph (c)(2)(ii); and kept under § 80.1454(u) for the obligated inputs as listed in §§ 80.1427 and ■ f. Adding paragraph (c)(3). party and any corporate affiliates. 80.1451. The revisions and additions read as (ii) Report as a finding any date where (3) Obligated parties must retain follows: the aggregated calculation exceeded the records related to any remedial actions RIN holding threshold(s) specified in submitted after the quarterly § 80.1464 What are the attest engagement § 80.1435. State whether this compliance deadline. requirements under the RFS program? information agrees with the party’s (w) Recordkeeping requirements for (a) * * * reports (notification of threshold parties prohibited from purchasing (3) * * * exceedance) to EPA. separated D6 RINs. (1) Non-obligated (ii) Obtain the database, spreadsheet, (b) * * * parties must retain all records or other documentation used to generate (3) * * * pertaining to why they purchased the information in the RIN activity (ii) Obtain the database, spreadsheet, separated D6 RINs. This may include, reports; compare the RIN transaction or other documentation used to generate but is not limited to, legal contracts with samples reviewed under paragraph the information in the RIN activity obligated parties or documents (a)(2) of this section with the reports; compare the RIN transaction indicating the need to replace invalid corresponding entries in the database or samples reviewed under paragraph D6 RINs. spreadsheet and report as a finding any (b)(2) of this section with the (2) [Reserved] discrepancies; compute the total corresponding entries in the database or (x) Requirements for recordkeeping of number of current-year and prior-year spreadsheet and report as a finding any D6 RIN holdings by non-obligated RINs owned at the start and end of each discrepancies; report the total number of parties. (1) Non-obligated parties must quarter, purchased, separated, sold, each RIN generated during each quarter retain all records related to the number retired and reinstated, and for parties and compute and report the total of D6 RINs separated in a given quarter, that reported RIN activity for RINs number of current-year and prior-year purchased in a given quarter, and sold assigned to a volume of renewable fuel, RINs owned at the start and end of each in a given quarter to demonstrate the volume and type of renewable fuel quarter, purchased, separated, sold, compliance with the requirements in (as defined in § 80.1401) owned at the retired and reinstated, and for parties § 80.1428. end of each quarter; as represented in that reported RIN activity for RINs (2) [Reserved] these documents; obtain a list of all assigned to a volume of renewable fuel, (y) Requirements for recordkeeping of corporate affiliates and a list of all the volume of renewable fuel owned at contractual and corporate affiliates. (1) contractual affiliates and review the the end of each quarter, as represented Parties must retain records including, information regarding their documented in these documents; review the but not limited to, the name, address, relationship to the submitter (e.g., information regarding contractual business location, contact information, contracts, or other legal documents); affiliates and corporate affiliates (as and description of relationship, for each and identify any contractual affiliates defined in § 80.1401) and their corporate affiliate. For the corporate that had a contract with the party that documented relationship to the affiliate group, a relational diagram. did not result in transfer of RINs to the submitter; identify any contractual (2) Parties must retain records party during the calendar year; report a affiliates that had a contract with the including, but not limited to, the name, separate list for all corporate affiliates party that did not result in transfer of address, business location, contact and all contractual affiliates including RINs to the party during the calendar information, and contract or other identification information for each year; report a separate list for all agreement for each contractual affiliate. corporate or contractual affiliate (e.g., corporate affiliates and all contractual

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affiliates including identification documented relationship to the § 80.1503 What are the product transfer information for each corporate or submitter (e.g., contract); identify any document requirements for gasoline- contractual affiliate (e.g., company ID, contractual affiliates that had a contract ethanol blends, gasolines, and conventional company name, corporate address, etc) with the party that did not result in blendstocks for oxygenate blending subject to this subpart? and any findings to EPA. transfer of RINs to the party during the (a) * * * * * * * * calendar year; report a separate list for (1) * * * (5) RIN holdings. (i) Obtain and read all corporate affiliates and all (vi) * * * copies of the RIN holdings calculations contractual affiliates including (B) The conspicuous statement that for the renewable fuel producers and identification information for each the gasoline being shipped contains RIN-generating importers and any corporate or contractual affiliate (e.g., ethanol and the percentage corporate affiliates. company ID, company name, corporate address, etc) and any findings to EPA. concentration of ethanol as described in (ii) Report as a finding any date where § 80.27(d)(3). the aggregated calculation exceeded the (3) RIN holdings. (i) Obtain and read RIN holding threshold(s) specified in copies of the RIN holdings calculations * * * * * § 80.1435. for the renewable fuel producers and (b) * * * (c) * * * RIN-generating importers and any (1) * * * (vi) * * * (2) * * * corporate affiliates. (B)(1) For gasoline containing less (ii) Obtain the database, spreadsheet, (ii) Report as a finding any date where than 9 volume percent ethanol, the or other documentation used to generate the aggregated calculation exceeded the following statement: ‘‘EX—Contains up the information in the RIN activity RIN holding threshold specified in to X% ethanol. The RVP does not reports; compare the RIN transaction § 80.1435. State whether this exceed [fill in appropriate value] psi.’’ samples reviewed under paragraph information agrees with the party’s The term X refers to the maximum (c)(1) of this section with the reports (notification of threshold volume percent ethanol present in the corresponding entries in the database or exceedance) to EPA. gasoline. spreadsheet and report as a finding any * * * * * (2) The conspicuous statement that discrepancies; compute the total the gasoline being shipped contains number of current-year and prior-year Subpart N—Additional Requirements ethanol and the percentage RINs owned at the start and end of each for Gasoline-Ethanol Blends concentration of ethanol as described in quarter, purchased, sold, retired, ■ 13. Section 80.1503 is amended by: § 80.27(d)(3) may be used in lieu of the separated, and reinstated and for parties ■ statement required under paragraph that reported RIN activity for RINs a. Revising paragraph (a)(1)(vi)(B); ■ (b)(1)(vi)(B)(1) of this section. assigned to a volume of renewable fuel, b. Removing and reserving paragraph the volume of renewable fuel owned at (a)(1)(vi)(C); * * * * * the end of each quarter, as represented ■ c. Revising paragraph (b)(1)(vi)(B); ■ 14. Section 80.1504 is amended by in these documents; review the and removing and reserving paragraphs (f) information regarding corporate ■ d. Removing and reserving paragraphs and (g). affiliates and contractual affiliates (as (b)(1)(vi)(C) through (E). [FR Doc. 2019–05030 Filed 3–20–19; 8:45 am] defined in § 80.1401) and their The revisions read as follows: BILLING CODE 6560–50–P

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Part III

Department of Homeland Security

Federal Emergency Management Agency 44 CFR Part 206 Factors Considered When Evaluating a Governor’s Request for Individual Assistance for a Major Disaster; Final Rule

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DEPARTMENT OF HOMELAND V. Regulatory Analysis FEMA is issuing this final rule to SECURITY A. Executive Order 12866, Regulatory comply with SRIA and to provide Planning and Review and Executive clarity on the IA declaration factors that Federal Emergency Management Order 13563, Improving Regulation and FEMA currently considers in support of Agency Regulatory Review its recommendation to the President on 1. Executive Summary & A–4 Accounting Statement whether a major disaster declaration 44 CFR Part 206 2. Need for Regulatory Action authorizing IA is warranted. The [Docket ID FEMA–2014–0005] 3. Affected Population additional clarity may reduce delays in 4. Current Baseline and Impacts of Final the declaration process by decreasing RIN 1660–AA83 Rule the back and forth between States and 5. Impacts to Costs, Benefits, and Transfer FEMA during the declaration process. Factors Considered When Evaluating a Payments FEMA is also finalizing a factor on Governor’s Request for Individual a. State Costs Fiscal Capacity to provide additional Assistance for a Major Disaster b. Federal Costs relevant information and context c. Benefits regarding potential disaster situations. AGENCY: Federal Emergency d. Transfer Payments Management Agency, DHS. 6. Total Impact of the Final Rule 2. Legal Authority ACTION: Final rule. 7. Marginal Analysis of the Factors 8. Regulatory Alternatives FEMA has authority for this final rule SUMMARY: FEMA is issuing a final rule a. Voluntary, Faith, and Community Based pursuant to the Robert T. Stafford to revise its regulations to comply with Organizations Resources Disaster Relief and Emergency Section 1109 of the Sandy Recovery b. Maintain the 44 CFR 206.48(b) Table Assistance Act (Stafford Act). 42 U.S.C. Improvement Act of 2013. The Act c. Automatically Trigger Contiguous 5121 et seq. Section 401 of the Stafford requires FEMA, in cooperation with Counties and States Act lays out the procedures for a State, local, and Tribal emergency d. Considering Negative Impact on declaration for FEMA’s major disaster Businesses assistance programs when a catastrophe management agencies, to review, e. Linking Individual Assistance Cost update, and revise through rulemaking occurs in a State. The specific changes Factor With Public Assistance (PA) Cost in this final rule comply with Section the Individual Assistance factors FEMA Factor uses to measure the severity, magnitude, f. Use of Factor Thresholds 1109 of the Sandy Recovery and impact of a disaster. g. Homes in Foreclosure Improvement Act of 2013, Public Law 113–2. DATES: This final rule is effective on h. Do Not Include Fiscal Capacity June 1, 2019. Indicators B. Summary of Major Provisions B. Regulatory Flexibility Act FOR FURTHER INFORMATION CONTACT: C. Unfunded Mandates Reform Act of 1995 FEMA is revising the factors found at Mark Millican, FEMA, Individual D. National Environmental Policy Act 44 CFR 206.48 that FEMA uses to Assistance Division, 500 C Street SW, E. Paperwork Reduction Act of 1995 determine whether to recommend Washington, DC 20472–3100, (phone) F. Privacy Act provision of Individual Assistance 202–212–3221 or (email) FEMA–IA- G. Executive Order 13175, Consultation during a major disaster. The current [email protected]. and Coordination With Indian Tribal factors found at 44 CFR 206.48 for Governments SUPPLEMENTARY INFORMATION: Individual Assistance include the H. Executive Order 13132, Federalism following factors: (1) Concentration of Table of Contents I. Executive Order 11988, Floodplain Management Damages, (2) Trauma, (3) Special I. Executive Summary J. Executive Order 11990, Protection of Populations, (4) Voluntary Agency A. Purpose of the Regulatory Action Wetlands Assistance, (5) Insurance, and (6) 1. The Need for the Regulatory Action and K. Executive Order 12898, Environmental Average Amount of Individual How the Action Will Meet the Need Justice Assistance by State. 2. Legal Authority L. Congressional Review of Agency FEMA is revising the current factors B. Summary of Major Provisions Rulemaking II. Background and Proposed Rule to provide additional clarity regarding III. Discussion of Public Comments on the I. Executive Summary the considerations that FEMA has Proposed Rule evaluated in recent years when making A. 44 CFR 206.48, Paragraph (b)(1)—State A. Purpose of the Regulatory Action a recommendation on whether Fiscal Capacity and Resource 1. The Need for the Regulatory Action Individual Assistance is warranted for a Availability and How the Action Will Meet the Need major disaster declaration. This final B. 44 CFR 206.48, Paragraph (b)(2)— rule also adds new factors that will help Uninsured Home and Personal Property On January 29, 2013, the Sandy FEMA more accurately and consistently Losses Recovery Improvement Act of 2013 determine whether the impact of an C. 44 CFR 206.48, Paragraph (b)(3)— Disaster Impacted Population Profile (SRIA) was enacted into law (Pub. L. event is beyond State and local D. 44 CFR 206.48, Paragraph (b)(4)—Impact 113–2). Section 1109 of SRIA requires government capabilities. FEMA is to Community Infrastructure FEMA, in cooperation with State, local, revising 44 CFR 206.48(b) to identify the E. 44 CFR 206.48, Paragraph (b)(5)— and Tribal emergency management following factors: (1) State Fiscal Casualties agencies, to review, update, and revise Capacity and Resource Availability, (2) F. 44 CFR 206.48, Paragraph (b)(6)— through rulemaking the factors found at Uninsured Home and Personal Property Disaster Related Unemployment 44 CFR 206.48 that FEMA uses to Losses, (3) Disaster Impacted Population G. Principal Factors for Evaluating the determine whether to recommend Profile, (4) Impact to Community Need for the Individuals and Households provision of Individual Assistance (IA) Infrastructure, (5) Casualties, and (6) Program H. Lack of Thresholds during a major disaster. These factors Disaster Related Unemployment. As is I. IA Declarations Factors Guidance help FEMA measure the severity, currently the practice, FEMA will J. Preliminary Damage Assessments magnitude, and impact of a disaster, as continue to use a myriad of factors and K. Amount of Data Requested well as the capabilities of the affected data to formulate its recommendations IV. Final Rule jurisdictions. to the President on major disaster

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declarations that authorize IA. No single supplement the efforts and available (DCMP) is a program that involves a data point or factor will be resources of the State, local partnership between a disaster case determinative of FEMA’s governments, disaster relief manager and a survivor to develop and recommendation nor will any single organizations, and compensation by carry out a Disaster Recovery Plan. 42 factor necessarily affect the President’s insurance for disaster-related losses. 44 U.S.C. 5189d. The process involves an ultimate determination of whether a CFR 206.36(b)(1)–(2). assessment of the survivor’s verified major disaster declaration authorizing A major disaster declaration will disaster caused unmet needs, IA is warranted. FEMA purposely identify the types of assistance that are development of a goal oriented plan that declined to be more restrictive in areas authorized under the declaration, 44 outlines the steps necessary to achieve of the final rule because disaster events CFR 206.40(a), although other types may recovery, organization and coordination can vary greatly from incident to be authorized later, 44 CFR 206.40(c). of information on available resources incident, and FEMA must retain the The types of assistance authorized that match the disaster caused unmet flexibility and discretion to properly under the declaration are based upon needs, monitoring of progress towards advise the President regarding situations whether the damage involved and its the recovery plan goals and, when or circumstances that FEMA may not be effects are of such severity and necessary, client advocacy. able to fully predict or define in a magnitude as to be beyond the response Disaster Legal Services: Disaster Legal rulemaking. Moreover, as a result of capabilities of the State, the affected Services provides legal assistance to low climatological and demographic local governments, and other potential income individuals who, prior to or as changes, disaster trends are likely to recipients of supplemental Federal a result of the disaster, are unable to continue to change in ways that may assistance. 44 CFR 206.40(a). A major secure legal services adequate to meet require policy shifts at the agency or disaster declaration may authorize all, their disaster related needs. 44 CFR Administration level. FEMA wants to or only particular types of, 206.164. FEMA, through an agreement ensure that we retain as much flexibility supplemental Federal assistance with the Young Lawyers Division of the as possible. The final factors do not requested by the Governor. 44 CFR American Bar Association, provides free limit the President’s discretion 206.40(a). As noted above, when legal help for disaster survivors. regarding major disaster declarations. evaluating requests for Individual Disaster Unemployment Assistance: Assistance, FEMA considers the factors Disaster Unemployment Assistance II. Background and Proposed Rule under 44 CFR 206.48(b) to determine (DUA) provides unemployment benefits When a catastrophe occurs in a State, whether supplemental Federal and re-employment services to the State’s Governor may request a Individual Assistance is warranted. individuals who have become Presidential declaration of a major A major disaster declaration unemployed as a result of a major disaster 1 pursuant to Section 401 of the authorizing Individual Assistance may disaster and who are not eligible for Robert T. Stafford Disaster Relief and include any or all of the following regular State unemployment insurance. Emergency Assistance Act (Stafford programs: 44 CFR 206.141. Individuals and Households Program: Act). 42 U.S.C. 5170; 44 CFR 206.36(a). On January 29, 2013, SRIA was The Individuals and Households Such a request must be based on a enacted into law. Public Law 113–2. Program (IHP) provides grants, direct finding that the disaster is of such Section 1109 of SRIA requires FEMA, in assistance, or both to eligible disaster severity and magnitude that an effective cooperation with State, local, and Tribal survivors who have necessary expenses response is beyond the capabilities of emergency management agencies, to and serious needs that they are unable the State and the affected local review, update, and revise through to meet through other means, such as governments and that Federal assistance rulemaking the factors found at 44 CFR insurance. 44 CFR 206.110–120. This is necessary. 42 U.S.C. 5170. 206.48 that FEMA uses to determine help may be in the form of housing The capability to respond to a whether to recommend provision of assistance (including Temporary catastrophe varies from State to State. Individual Assistance during a major Housing, Repair, Replacement, and The initial decision on whether to seek disaster. These factors help FEMA Semi-Permanent or Permanent Housing supplemental Federal assistance to help measure the severity, magnitude, and Construction) as well as assistance to a State respond to and recover from a impact of a disaster. meet ‘‘other needs’’ such as medical, natural disaster lies with each State. The Congress directed FEMA to review, dental, child care, funeral, personal basis for any State request for a major update, and revise these factors, property, and transportation costs. disaster declaration must be a finding including 44 CFR 206.48(b)(2) related to Crisis Counseling Program: The Crisis trauma and the specific conditions or that (1) the situation is of such severity Counseling Program (CCP) assists and magnitude that an effective losses that contribute to trauma, to individuals and communities recovering provide more objective criteria for response is beyond the capabilities of from the effects of a natural or human the State and affected local evaluating the need for assistance to caused disaster through the provision of individuals, to clarify the threshold for governments, and (2) Federal assistance community based outreach and psycho- under the Stafford Act is necessary to eligibility, and to speed a declaration of educational services. 44 CFR 206.171. a major disaster or emergency 2 under Supplemental Federal funding for crisis 1 A major disaster is any natural catastrophe (including any hurricane, tornado, storm, high counseling is available to the State 2 The factors that FEMA considers to evaluate the water, wind driven water, tidal wave, tsunami, through two grant mechanism: (1) need for assistance to individuals under the earthquake, volcanic eruption, landslide, mudslide, Immediate Services Program, which Stafford Act are at 44 CFR 206.48. FEMA uses these snowstorm, or drought), or, regardless of cause, any provides funds for up to 60 days of factors to evaluate a governor’s request for a fire, flood, or explosion, in any part of the United declaration of a major disaster, not an emergency. States, which in the determination of the President services immediately following a SRIA Section 1109 states that FEMA must review, causes damage of sufficient severity and magnitude disaster declaration; and (2) the Regular update, and revise the factors in 44 CFR 206.48(b). to warrant major disaster assistance under this Act Services Program, which provides funds The factors that FEMA uses to evaluate a governor’s to supplement the efforts and available resources of for up to nine months following a request for emergency assistance, however, are not States, local governments, and disaster relief provided in 44 CFR 206.48(b) or in FEMA’s organizations in alleviating the damage, loss, disaster declaration. regulations. Therefore, the scope of this rulemaking hardship, or suffering caused thereby. 42 U.S.C. Disaster Case Management Program: will apply only to Individual Assistance factors that 5122; 44 CFR 206.2(17). The Disaster Case Management Program Continued

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the Stafford Act. SRIA required the proposed rule. The majority of vulnerability, and demographics of completion of this rulemaking by commenters were from State emergency California, TTR ‘‘is too broad of a factor January 29, 2014. management agencies, but commenters to provide a useful assessment of [the] On November 12, 2015, FEMA also included members of Congress, an statutory requirement for a state’s published a notice of proposed emergency management association, capacity—let alone a local government’s rulemaking pursuant to Section 1109 of charitable organizations, and private capacity—to manage a disaster.’’ 3 The SRIA. 80 FR 70116. FEMA proposed to citizens. The commenters raised a commenter encouraged FEMA to ‘‘find revise 44 CFR 206.48(b) to include the variety of issues that are discussed a factor other than [TTR] that is better following factors: (1) State Fiscal below. representative of both state and local Capacity and Resource Availability, (2) resources available to each specific Uninsured Home and Personal Property A. 44 CFR 206.48, Paragraph (b)(1)— disaster.’’ Losses, (3) Disaster Impacted Population State Fiscal Capacity and Resource FEMA notes that assistance provided Profile, (4) Impact to Community Availability by FEMA is intended to be Infrastructure, (5) Casualties, and (6) Fiscal Capacity supplemental in nature and FEMA must Disaster Related Unemployment. A evaluate the fiscal capacity of the State complete description of each factor can The proposed Fiscal Capacity factor to determine whether the State is be found in the proposed rule. See 80 defined fiscal capacity as a State’s overwhelmed or if the State has FR 70116. This final rule incorporates potential ability to raise revenue from sufficient resources available to provide the reasoning of the proposed rule its own sources to respond to and the needed disaster assistance without except as reflected elsewhere in this recover from a disaster. The proposed Federal assistance. FEMA’s current preamble. The final rule adopts rule identified the following data points approach, which largely relies on as sub-factors: proposed rule with two changes: • comparing level of damage to the removal of the sub-factors related to Total Taxable Resources (TTR) of population size of the affected State, State Services and Planning After Prior the State. TTR is the U.S. Department of essentially equates population with Disasters. These changes are discussed Treasury’s annual estimate of the capacity. FEMA believes that a more below in III. Discussion of Public relative fiscal capacity of a State. A low direct way to evaluate a State’s fiscal Comments on the Proposed Rule. TTR may indicate a greater need for capacity is to use objective data such as supplemental Federal assistance than a FEMA’s Outreach Efforts Following U.S. Department of Treasury’s TTR data high TTR. or the Bureau of Economic Analysis’ Publication of the Notice of Proposed • Gross Domestic Product (GDP) by Rulemaking (BEA) GDP by State data. These are State. GDP by State is calculated by the statistical measures of a State’s Section 1109 of SRIA requires FEMA Bureau of Economic Analysis. GDP by economic activity, which can provide to cooperate with State, local, and Tribal State may be used as an alternative or insight into changes in the general emergency management agencies during supplemental evaluation method to economic well-being of the State and its the process of reviewing, updating, and TTR. relative fiscal capacity. Although these • Per capita personal income by local revising the factors found at 44 CFR measures are frequently strongly area. Per capita personal income by 206.48(b). FEMA conducted outreach correlated with population size, they are local area is calculated by the Bureau of prior to publication of the NPRM. See more direct measures of fiscal capacity, Economic Analysis. A low per capita 80 FR 70119. In addition, following and are therefore more appropriate for personal income by local area may publication of the NPRM, on December this purpose. 8 and 9, 2015, FEMA held two webinars indicate a greater need for supplemental FEMA notes that any factor could be for State governors’ offices, State Federal assistance than a high per capita framed as a ‘‘penalty.’’ The appropriate emergency managers, and national level personal income by local area. question is not whether any given factor State associations to explain the FEMA received comments from 22 operates as a penalty, but how such a provisions of the proposed rule. At the commenters regarding this proposed factor relates to statutory requirements. end of both webinars, FEMA accepted factor; a summary of these comments, Just as a State with ample fiscal capacity comments from the listeners. FEMA and FEMA’s responses, follows. and resource availability could Several commenters expressed considered these comments in the characterize as a ‘‘penalty’’ FEMA’s concern that the use of fiscal capacity formulation of this final rule and determination that the State is able to data would effectively penalize States summarizes and responds to these use such capacity and resources to with relatively greater fiscal capacity. comments below. The webinar respond effectively to a disaster, a State Some comments expressed concern that presentation itself can be found in the that is struck by a relatively minor event because a high TTR is frequently rulemaking docket at could characterize as a ‘‘penalty’’ www.regulations.gov. correlated with a large state population (and correspondingly high operational III. Discussion of Public Comments on 3 Another commenter raised similar concerns expenses), the use of TTR could with respect to the application of TTR to disaster the Proposed Rule adversely impact States with larger declaration requests from Texas. The commenter FEMA received written comments populations. Along similar lines, one wrote that ‘‘In a state as large and diverse as Texas, [TTR and GDP by State] don’t truly represent the from 35 commenters in response to the commenter suggested that the use of state’s or an affected individual’s ability to recover TTR with respect to California ‘‘would from a disaster without federal assistance.’’ FEMA FEMA considers when evaluating a Governor’s make it significantly more difficult for agrees that TTR and GDP by State do not represent request for a major disaster declaration. Section 502 Californians to access individual affected individuals’ ability to recover from a of the Stafford Act authorizes FEMA to provide IHP disaster without Federal assistance. Instead, FEMA assistance as part of an emergency declaration. disaster assistance’’ than residents of uses other information to determine individuals’ FEMA has previously considered some of the other states, because California’s TTR is needs. What TTR and GDP by State represent is the factors found at 206.48(b) when considering an significantly higher than the TTR of affected State’s capacity to assist those individuals emergency declaration request that includes IHP other states. The commenter suggested with recovering from a disaster. TTR and GDP by assistance. FEMA will continue to consider some of State also provide a starting point for evaluating the factors, when applicable, at 44 CFR 206.48(b) that as a result of this significant when the affected State is indeed overwhelmed and when evaluating an emergency declaration request disparity between States in TTR, as well in need of supplemental Federal assistance to aid that includes IHP assistance. as the diverse geography, disaster in providing assistance to individuals.

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FEMA’s consideration of the lack of a State to exhaust its resources before second lag year is attributable to putting damage. In either case, the denial would supplemental Federal assistance would the vast amount of data into a usable simply flow from the President’s be appropriate. FEMA welcomes States format.8 determination, consistent with statutory to provide additional clarity on their FEMA reviewed a ten-year data set of requirements, that the State and affected fiscal capacity, and the fiscal capacity of TTR for each State in response to local governments should be able to local governments, by highlighting fiscal comments on the two-year lag.9 Based respond to the disaster effectively restrictions and expenditures that, on that review, FEMA found that TTR without supplemental Federal though not captured in TTR, are is sufficiently reliable to serve as the assistance. In other words, all of the relevant to the State and local principal indicator for each State from factors in this final rule are intended to government’s capability to respond which the discussion about fiscal allow FEMA and the President to make effectively to the disaster. In addition, capacity can begin. For the 10 years informed decisions regarding whether FEMA fully recognizes that some FEMA reviewed, TTR generally or not an event was of the severity and disasters are so large and have such a increased from year to year in every magnitude to be beyond State and local serious impact that supplemental State. The exceptions, when TTR capability. Federal assistance will be necessary no dropped, were generally due to Commenters expressed concern that matter the State’s available resources. circumstances that would have been TTR data may not accurately capture the Several commenters expressed readily apparent at the time. For true fiscal capacity of a State because it concern that the fiscal capacity example, nearly every State saw year-to- calculates all of the things that a State indicators capture the fiscal capacity of year drops from 2007–2008 and/or could potentially tax, not what is a State before the event without 2008–2009, coinciding with the actually taxed, and therefore may considering that a State’s economy may financial crisis. While 2008 TTR data artificially inflate the perceived level of have been impacted by the disaster would not have been available to fiscal capability. Several commenters event. As part of FEMA’s evaluation of analyze for requests made during that stated that FEMA should not consider a a State’s request, FEMA will evaluate time, FEMA and the States would have State’s ability to pay based on potential the impact of the disaster on the State. been well aware that capability and revenues alone, without considering a If a State believes that the disaster has fiscal capacity among all of the States State’s expenses as well because it is a negatively and significantly impacted its was decreasing, and FEMA would have one-sided assessment of a State’s fiscal capacity to respond or the overall been able to take that decreased capacity capacity to respond and does not State economy, the State may discuss into consideration. In addition, events necessarily fully consider a State’s such impacts in its declaration request. such as significant falls in certain ability to provide adequate disaster Commenters expressed concern that commodity prices, which may impact assistance. Another commenter the two-year lag in TTR data may result one or two States as opposed to the observed that a State that has a high in the use of inaccurate data. Pursuant entire nation, will also generally be TTR because of a high population is to Public Law 102–321, the U.S. apparent and supported by other readily likely to have correspondingly high Department of the Treasury produces available data at the time of the request. expenses as well. annual estimates of total taxable FEMA recognizes that there is a two- As discussed above, TTR is a value- resources (TTR) for all States. The TTR year lag and encourages each State to neutral measure of a State’s economic estimates are published by September provide additional information about its activity, which can provide insight into 30th each year and have a two-year lag. fiscal capacity, especially if there have a State’s relative fiscal capacity and For example, TTR for 2016 was been noteworthy economic impacts changes in its economic wellbeing, published on September 28, 2018. The during the two-year lag which impact regardless of the taxing choices and formula for calculating TTR uses Gross the State’s ability to respond to and other constraints that may be imposed State Product (GSP) 5 as its base, recover from the disaster. on it by State law, State constitution, or subtracts non-taxable components, then A commenter raised concerns that policy choices. TTR is also indicative of accounts for cross-border income flows. TTR is considered experimental and the overall economic and fiscal health of This calculation provides a thus should not be used to evaluate a the people and the businesses within ‘‘comprehensive measure of all the State’s fiscal capacity. The U.S. Department of the Treasury’s website the State, which is relevant to the income flows a state can potentially includes three papers explaining the disaster impacted population’s ability to tax.’’ 6 The two-year lag in TTR data is methodology it uses to estimate TTR.10 recover (recognizing that there are poor a direct result of when income data communities in rich States and vice becomes available. Raw income data is 8 ‘‘TTR estimates for a given year will only be versa, FEMA will also consider per always one year behind. Tax filings for capita personal income at the local made when both GSP and SPI data are available for that year.’’ ‘‘Treasury Methodology for Estimating 4 any given year are generally due by level). FEMA believes that States with April 15 of the following year.7 This Total Taxable Resources (TTR),’’ revised November a large TTR have a greater capability to accounts for the first lag year. The 2002, page 5. https://www.treasury.gov/resource- respond to and recover from disaster center/economic-policy/Documents/ events compared to States with a lower nmpubsum.pdf. 5 The term Gross State Product (GSP) is used 9 The data set was comprised of the data TTR. FEMA does not expect or require interchangeably herein with the term Gross contained in the TTR reports published between Domestic Product for States (GDP by State). The 09/26/2006 and 09/30/2015 (10 years of data). 4 FEMA anticipates using per capita personal U.S. Department of the Treasury uses the former, Although the reports are published and have titles income when the disaster effects are concentrated while the U.S. Department of Commerce, Bureau of ranging from 2006 through 2015, the data lags two to a specific area. An example would be a tornado Economic Analysis uses the latter. Published years. For example, the report entitled ‘‘2006 Total that hits a town in a rural area. FEMA would documents relating to TTR use GSP; thus, it is also Taxable Resources Estimates’’ was published on 09/ evaluate the State’s overall TTR to gain insight into used here. 26/2006 and contains TTR estimates for 2004. the State’s ability to respond. FEMA also would 6 ‘‘Treasury Methodology for Estimating Total 10 The three papers explaining the methodology evaluate the locality’s per capita income to gain Taxable Resources (TTR),’’ revised November 2002, for calculating TTR are ‘‘Summary of Current insight into that specific population’s ability to page 2. https://www.treasury.gov/resource-center/ Methodology for Estimating TTR,’’ ‘‘Working Paper respond, i.e. is the per capita personal income for economic-policy/Documents/nmpubsum.pdf. Review of Methodology for Estimating TTR,’’ and that area sufficient to support an independent 7 IRS Publication 509—Main Content, General ‘‘Summary of Previous Methodology for Estimating response? How will that affect the survivors’ Tax Calendar, Topic: Individuals, Form 1040, TTR.’’ U.S. Dep’t of the Treasury, Resource Center, resiliency? https://www.irs.gov/publications/p509/ar02.html. Continued

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Each of these papers refers to an because a request for a disaster private sector resources may offset the ‘‘experimental’’ methodology developed declaration must be based on a finding need for or reveal an increased need for in 1986.11 This ‘‘experimental’’ that the disaster is of such severity and supplemental Federal assistance. The methodology was refined and finalized magnitude that effective response is State may provide information regarding for use beginning in 1992.12 In 1997, the beyond the capabilities of the State and the resources that have been and will be methodology was substantially the affected local governments and that committed to meet the needs of disaster improved and in 1998 that improved Federal assistance is necessary.14 survivors such as housing programs, methodology was implemented. The Several commenters asked whether resources provided through financial methodology has remained unchanged the ‘‘Fiscal Capacity’’ data will be and in-kind donations, and the since 1998. Based on approximately 20 shared with the States and expressed availability of affordable (as determined years of use, FEMA does not consider concern that they would be burdened by by the U.S. Department of Housing and TTR ‘‘experimental’’ and believes TTR having to pre-identify their own Fiscal Urban Development’s fair market rent provides valuable insight into the fiscal Capacity data. FEMA is planning on standards) rental housing within a capacity of States. Congress has providing links on FEMA’s website to reasonable commuting distance of the recognized the utility of TTR by the data sources for States to easily impacted area. requiring its use in the formula used to access their own fiscal capacity data if • Cumulative effect of recent allocate Federal funds for the they wish to review it prior to a major disasters. The cumulative effect of Department of Health and Human disaster request being made. In addition, recent disasters may affect the Services’ Community Mental Health the fiscal capacity data is easily found availability of State, Tribal, local Service and Substance Abuse using a web search. The States will government, NGO, and private sector Prevention and Treatment block grant.13 simply list their current fiscal capacity disaster recovery resources. The State A commenter asked that FEMA clarify data in their request. As discussed should provide information regarding the process it will use to determine above, States may also gather and the disaster history within the last 24- when a State can rely on GDP data provide additional information to month period, particularly those instead of TTR. The commenter also supplement or provide further context occurring within the current fiscal asked FEMA to explain more thoroughly to the specified data points. cycle, including both Presidential how per capita personal income by local A commenter asked how local area is (public and individual assistance) and area would be analyzed with TTR and defined for the ‘‘Per Capita Personal gubernatorial disaster declarations. • GDP to determine a State’s Fiscal Income by Local Area’’ sub-factor of the State services. The State may Capacity. TTR is available for every ‘‘Fiscal Capacity’’ factor. The per capita provide information regarding the State and FEMA will consider the personal income by local area data is circumstances causing the State to lack relevant TTR for every State. If a State produced by the Bureau of Economic the resources to provide sufficient Analysis for ‘‘counties, micropolitan services to its citizens. wants to use either GDP by State or Per • Capita Personal Income data to statistical areas, metropolitan statistical Planning after prior disasters. States supplement or highlight a differing areas (MSAs), metropolitan divisions are encouraged to develop and fiscal health of the State then the State (parts of MSAs), combined statistical continuously improve their own can submit the information to FEMA. areas, states, and the metropolitan and disaster assistance programs. States However, FEMA will still consider TTR nonmetropolitan portions of states. should identify new and existing data for that request. Counties consist of counties and county individual assistance programs as well Several commenters expressed equivalents, such as the parishes of as improvements to existing individuals concerns about FEMA focusing too Louisiana, the boroughs, municipalities assistance programs made as a result of much on the fiscal capacity of States as and Census areas of Alaska, the District previous disasters. A State’s failure to compared to the fiscal capacity of local of Columbia, and the independent cities address limitations and shortfalls governments. One commenter raised the of Maryland, Missouri, Nevada, and identified by FEMA or the State after concern that taxable revenue and wealth Virginia. The estimates ofr Kalawoa previous events will also be considered. FEMA received comments from 25 in many States is not evenly distributed County, Hawaii and the small commenters regarding this proposed throughout and impoverished areas independent cities of Virginia–generally factor. The commenters stated that the would be hurt if the State’s request for those with fewer than 100,000 proposed factor assumed the availability an IA declaration was judged by the residents–are combined with estimates 15 of volunteer and private sector resources overall state’s fiscal capacity. FEMA for adjacent counties.’’ that may not exist because voluntary notes that the State is the one who Resource Availability. and private sector resources vary from makes the determination to apply for a The proposed Resource Availability year to year based on donor funding; major disaster declaration that the State factor called for FEMA to consider the that FEMA should clarify the manner in needs supplemental Federal assistance. availability of resources from State, which it will quantify potential FEMA must evaluate at the State level Tribal, and local governments as well as resources of voluntary and faith-based non-governmental organizations and the organizations and limit the degree to Total Taxable Resources, https://home.treasury.gov/ policy-issues/economic-policy/total-taxable- private sector. The proposed rule which such resources will off-set resources. identified the following sub-factors: Federal assistance; that FEMA should • 11 Carnevale, John, ‘‘Experimental Estimates of State, Tribal, and local government; not limit the ‘‘Cumulative Effect of Total Taxable Resources, 1981–84,’’ in the Federal Non-Governmental Organizations Recent Disasters’’ sub-factor to State-Local Fiscal Relations: Technical Papers, Vol., (NGO); and private sector activity. State, 2, Office of State and Local Finance, Department of Presidential and gubernatorial disaster Treasury, September 1986. Tribal, and local government, Non- declarations, because such a limitation 12 ‘‘Summary of Current Methodology for Governmental Organizations, and would result in States being unable to Estimating TTR,’’ U.S. Dep’t of the Treasury, provide information on other types of Resource Center, Total Taxable Resources, page 1, 14 42 U.S.C. 5170. Federal declarations that can show the paragraph 2, https://www.treasury.gov/resource- 15 Local Area Personal Income and Employment level of recent hardship such as SBA, center/economic-policy/Documents/ Methodology, November 2017, ‘‘Geographic Detail,’’ nmpubsum.pdf. page I–7. https://www.bea.gov/sites/default/files/ USDA, and Public Health Emergency 13 42 U.S.C. 300x–7. methodologies/lapi2016.pdf. declarations; that FEMA should better

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define the ‘‘State Services’’ factor; and In addition, section 401 of the factor. Consideration of recent disaster that the Resource Availability factor in Stafford Act, conditions that a request activity was previously only a general would force the States to for a major disaster declaration must be consideration for a major disaster develop a State-funded and based on a finding that the disaster is of declaration that authorized Public administered IA program or be such severity and magnitude that an Assistance. A State is always welcome penalized in a State’s request for a major effective response is beyond the to provide additional information disaster declaration. capabilities of the State and the affected beyond what FEMA is asking for in 44 A number of commenters expressed local governments and that Federal CFR 206.48(b). If a State feels that recent concern that by considering the assistance is necessary. 42 U.S.C. 5170; disaster activity, as reflected in availability of volunteer and private 44 CFR 206.36(a). In order for FEMA to declarations through SBA, USDA, or sector resources, FEMA would assume evaluate whether a disaster is beyond HHS, have impacted their ability to the availability of resources that may the capabilities of a State and affected respond to and recover from the event, not in fact exist, because voluntary and local governments, FEMA must evaluate then the State should include private sector resources vary from year what resources are available to the State information on those declarations in to year based on donor funding and a and affected local governments. their major disaster request for IA. State has no authority to direct NGOs or This factor is also in keeping with the Several commenters expressed private organizations to provide funding ‘‘Whole Community’’ approach to significant concerns with the ‘‘State or supplies post-disaster. In addition, emergency management that reinforces Services’’ and ‘‘Planning After Prior commenters stated that it is difficult for the fact that FEMA is only one part of Disasters’’ factors. The commenters felt States and communities to quickly our nation’s emergency management that FEMA appeared to be forcing the assemble and report information about team. Under the ‘‘Whole Community’’ States to develop a State-funded and these resources in the immediate approach, emergency managers must State-administered IA program or else aftermath of a disaster, when impacted account for all available resources, risk being penalized for the lack of such communities are in response mode. including non-governmental resources, a program. The commenters stated that Commenters also asked FEMA to clarify in preparing for, protecting against, a State IA program is not required by the how FEMA would request this data. responding to, recovering from and Stafford Act in order to receive The current regulations at 44 CFR mitigating against all hazards. This supplemental Federal assistance. 206.48(b)(4) state that FEMA will approach recognizes that a government- Several commenters asked whether consider the extent to which voluntary centric approach to emergency FEMA is currently evaluating States’ agencies and State or local programs can management is not enough to meet the limitations or shortfalls and meet the needs of the disaster victims challenges posed by a catastrophic communicating these with States. Also, and this information is already provided incident. When the community is States requested that FEMA clarify how as part of the narrative aspects of a engaged in emergency management, it it will determine that a State is or isn’t State’s major disaster request for IA. The becomes empowered to identify its addressing limitations or shortfalls. only new aspect of this factor, as needs and the existing resources that Overall these commenters felt that the compared to the current regulations, is may be used to address them. The proposed rule did not adequately a reference to private sector resources. ‘‘Whole Community’’ approach is an explain how FEMA would apply these While private sector resources were not ongoing component of the nation’s two factors. Another commenter previously specifically listed in the larger, coordinated effort to enhance supported these factors, and urged regulation, items such as significant emergency planning and strengthen the FEMA ‘‘to also consider state effort to private donations have always been nation’s overall level of preparedness. guard and mitigate against avoidable relevant, and States have generally Commenters were concerned about disaster damages, for example, with provided information on such donations FEMA limiting the Resource programs to regulate new development when that information has been Availability factor related to past in flood hazard areas, adopt and enforce available at the time of the request. disaster declarations to only up to date state building codes, or Assistance provided by State, Tribal, Presidential (both Public Assistance and incorporate resilience considerations and local government, NGOs, and the Individual Assistance) and into the location and construction of private sector can include but is not gubernatorial disaster declarations. The public infrastructure.’’ A comment limited to Emergency Management commenters stated that not all expressed concern that the proposed Assistance Compact (EMAC) resources, assistance provided by a State or its rule ‘‘may unfairly penalize States that sheltering, housing programs, feeding, partners requires a gubernatorial do not have robust IA programs.’’ mental health services, child care, elder declaration and there are other types of Based on the overwhelmingly care, reunification services, clean up Federal declarations that can show the negative response and after further kits, blankets and cots, financial level of recent hardship endured by the review FEMA decided to remove the assistance, and other donations. To the State, such as a Small Business ‘‘State Services’’ and ‘‘Planning After extent that such resources are limited, Administration Disaster declaration, Prior Disasters’’ sub-factors from the unavailable, or otherwise unable to meet United States Department of Agriculture final rule. FEMA strongly believes significant needs after a disaster, then disaster designation, and Department of States are ultimately responsible for the the State should identify these Health and Human Services Public well-being of their citizens and that limitations in its request, as that may Health Emergency declaration. FEMA States have a responsibility to plan for indicate additional need for Federal believes that taking information on past disasters, pre-identify funding and assistance. FEMA understands that disaster activity and declarations is resources, and to provide assistance to information will be imperfect after a valuable, because multiple disasters in a their citizens after a disaster. This disaster and all relevant data may not be 24-month period may significantly should include the establishment, immediately available. As is currently strain a State budget and reduce the funding, and improvement of State-level the practice, FEMA only asks that the State’s capability to adequately respond individual assistance programs. State submit the best information to and recover from a disaster without However, FEMA has not been able to reasonably available to it at the time of supplemental Federal assistance; this develop a methodology which would the request. final rule therefore includes such a effectively and consistently evaluate the

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State Services and Planning After Prior and a Governor cannot request areas levels—affected, minor, major, Disasters sub-factors to incentivize that are not within his or her State’s destroyed. States to establish individual assistance jurisdiction. FEMA will not designate • Cost of providing temporary programs or to plan and implement areas of the State or types of assistance housing assistance based on the U.S. lessons learned from previous disasters. beyond those that the governor Department of Housing and Urban As a result, at this time, FEMA is unable requests.16 In addition, each State and Development (HUD) fair market rent for to effectively incentivize these activities local government has different the area of impacted owners and renters through the declarations process, and capabilities to respond to, recover from, for each of the four dwelling assessment specifically in the evaluation of disaster and mitigate the effects of a disaster and levels—affected, minor, major, requests. FEMA will continue to explore a disaster that crosses State lines may destroyed—as well as for those opportunities to encourage States to have differing impacts in the affected dwellings that are now inaccessible develop their own individual assistance States. As such, not every event that because of the disaster. programs. impacts multiple States will necessarily • Historical program costs for ONA be beyond each affected State’s awards.17 B. 44 CFR 206.48, Paragraph (b)(2)— respective capabilities. Therefore, When developing the estimated cost Uninsured Home and Personal Property FEMA must continue to base its major of assistance, because IHP repair and Losses disaster declaration recommendation on replacement assistance can only be The proposed Uninsured Home and the capability of the affected State and awarded to homeowners, FEMA uses Personal Property Losses factor local governments to respond to the the homeownership rate to estimate the included consideration of uninsured event, in accordance with the number of homeowners in the disaster home and personal property losses, and requirements for a major disaster affected area. Additionally, since IHP is identified the following sub-factors: declaration in Section 401 of the only able to provide awards to • The cause of damage. Stafford Act and 44 CFR 206.37. uninsured individuals, FEMA also • The jurisdictions impacted and Several commenters expressed considers the number of insured versus concentration of damage. concern that neither FEMA nor the the number of uninsured individuals • The number of homes impacted and States are able to utilize an accurate when developing the estimated cost of degree of damage. estimated cost of assistance at this time. IHP for the disaster. • The estimated cost of assistance. One commenter stated that most metrics In this final rule, FEMA is not • The homeownership rate of used by FEMA or the States are based prescribing the methods to be used to impacted homes. on taking the number of individuals and • estimate cost of assistance. FEMA The percentage of affected households impacted and the extent of believes attempting to do so would be households with sufficient insurance those impacts and damages, and overly restrictive in a manner that coverage appropriate to the peril. multiplying those totals by the • would prevent FEMA from using new Other relevant preliminary damage maximum assistance that is available technology, such as geographic assessment data. through FEMA’s IA programs. information systems (GIS), or otherwise FEMA received comments from 16 Commenters stated that the IA program updating the process, such as by commenters regarding this proposed has statutory limits on the amount of updating the joint FEMA-State factor. The comments received were relief available and that maximum IA preliminary damage assessment related mainly to concerns regarding the grant award is not indicative of the instrument. FEMA is always working to sub-factors related to the jurisdictions overall potential cost to make a family improve the PDA process and methods impacted and concentration of damages, whole after a disaster and does not truly of cost estimation. The estimated cost of the estimated cost of assistance, the articulate the ‘‘whole community’’ assistance is necessarily limited by the homeownership rate of impacted resources that are needed to bring the maximum amount of IA grant award homes, and the percentage of affected community back to pre-disaster because the monetary amount of households with sufficient insurance condition. assistance that can be provided to coverage appropriate to the peril. While FEMA recognizes that there are individuals and households is limited Several commenters were concerned difficulties in accurately estimating the 18 that FEMA is not taking into by Section 408(h) of the Stafford Act. cost of assistance in the aftermath of an 42 U.S.C. 5174. FEMA recognizes that consideration the effects of a disaster event, the estimated cost of assistance with widespread minimal damage because of the statutory cap on the has to be part of the evaluation of maximum IA assistance, in many spread across a large geographic area or whether a major disaster declaration the effects of a disaster on contiguous situations FEMA assistance will not authorizing IA is warranted because the bring the survivor back to their pre- counties in different States. FEMA cost of an event is an essential recognizes that as a practical matter, disaster position. States are always component in determining whether or welcome to provide additional estimates widespread minimal damage spread not the disaster event is beyond the across a larger geographic area, can of the total impact of the disaster on capabilities of a State. FEMA calculates individuals and households, spread resources thin and overwhelm a the estimated cost of assistance at the State’s capability to adequately respond conclusion of the Joint PDA and the 17 Damage Assessment Operations Manual: A to a disaster. This final rule continues estimated cost of the disaster is based on Guide to Assessing Damage and Impact, Page 59, to emphasize consideration of the the data on uninsured damage to homes Issued April 5, 2016 https://www.fema.gov/media- estimated cost of assistance for a State; collected during the PDA. The library-data/1459972926996-a31eb90a2741e86 as a result, the true cumulative impact calculation currently includes the 699ef34ce2069663a/PDAManualFinal6.pdf. 18 For disasters occurring in Fiscal Year 2019, the of the widespread minimal damage following: maximum amount of financial assistance provided across a large geographic area within a • Historical program costs for repair to an individual or household under section 408 of State will continue to be considered by or replacement assistance for uninsured the Stafford Act (IHP) with respect to any single FEMA. Regarding the contiguous owner-occupied primary residences for emergency or major disaster is $34,900. See 83 FR 53281, Oct. 22, 2018. This amount is adjusted counties comments, the President will each of the four dwellings assessment annually based on the Consumer Price Index for All not declare a major disaster in an area Urban Consumers as calculated by the Department that was not requested by a Governor 16 44 CFR 206.40(b). of Labor, Bureau of Labor Statistics.

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irrespective of the statutory caps, but in households, which may include, among flood insurance as a result from general, the estimated cost of assistance other considerations, whether the previously accepting disaster assistance. measure is useful to FEMA both for affected area was rural, suburban, or FEMA does access this information purposes of internal planning and for urban. during a disaster by looking at National purposes of obtaining a preliminary A commenter suggested comparing Flood Insurance Program data. FEMA (though sometimes incomplete) picture the average amount of homeowner already considers this information when of total disaster impacts. To assist insurance deductible in a given county looking at the insurance component and States, FEMA will share estimated cost or parish against the income for such we view it as a consideration that exists of assistance data with the State county or parish, because often implicitly within the insurance coverage throughout the PDA process, including insurance deductibles are too high for data point of the final rule. final amounts. residents to pay out of pocket after a A commenter raised concerns that the One commenter expressed concern disaster. In addition, a homeowner who amount of time it would take to that U.S. Census data on the cannot afford to pay the deductible will determine damages, insurance, and homeownership rate of impacted homes be unable to fully recover after the specific insurance riders regarding does not take into account that a renter disaster. FEMA notes that the issue of whether specific disaster damages are may be occupying the owner-occupied high insurance deductibles has arisen in covered would make the 30 day window home at the time of the disaster. In the past, often in earthquake events. to request a major disaster declaration addition, some commenters stated that FEMA considers a homeowner with a for IA unattainable. FEMA does not the homeownership rate is not readily high deductible to be underinsured. expect the States to provide an available during preliminary damage States may provide information on unreasonable level of detail or assessments and the amount of time deductible rates for the peril in the specificity for the insurance data point. required to make a reliable estimate affected area and FEMA will utilize that FEMA expects a State to provide the would cause delays in States’ information when evaluating the best estimate of data within the time submitting their major disaster sufficiency of the insurance coverage in frame available. A State should make declaration requests. FEMA notes that place and determining the number of their major disaster declaration request this data point is used during the underinsured homeowners who may in the timeframe appropriate to the size current process and estimates are require Federal assistance. FEMA did and impact of the event and should not 19 available via Census. Estimates of not make any changes based on this delay in order to gather additional homeownership rates are important comment. information, even if such information A commenter stated that FEMA seems because the level of needed assistance would be more precise or useful. to believe that every Insurance varies between rentals and owner- A commenter stated that although occupied residences. Renters typically Commissioner’s Office keeps a record of every single policy issued in the State, they are encouraged that FEMA plans to do not require repair assistance because pursue better data to inform its repairs are generally the responsibility along with limits, exclusions, and types of coverage. The commenter stated that insurance penetration rate of the landlord and the property must be determinations, they raised concerns owner occupied to be eligible to receive they have never heard of a State Insurance Commissioner’s Office that that FEMA previously promised to IHP assistance for repair or replacement. identify alternative insurance data In addition, as part of the PDA process, has access to such a database. FEMA fully recognizes that the availability and sources in the past but has made little FEMA, along with State and local progress. FEMA continues to work to partners, canvasses the disaster- quality of insurance data varies widely from State to State. Some State find the best information regarding impacted areas to validate the Census insurance coverage and is committed to data on renters. As with all data points, Insurance Commissioner’s Office have information that can be utilized to finding the most thorough and accurate States should submit, and FEMA will sources for insurance data. However, at base its recommendation on, the best provide or contribute to estimates of insurance coverage. For certain States, this point, such thorough and accurate information available at the time. sources either do not currently exist or A commenter suggested adding a data the best option may be the State are not currently available to FEMA. As point that compares the known Insurance Commissioner’s Office, but such, FEMA cannot prescribe the homeowner insurance population with for other States it may be a different method or source for obtaining the actual population of a particular source. FEMA notes that it is important insurance data in this final rule because county or parish. The commenter stated to develop an insurance coverage we anticipate that there will be better that many rural residents who sustain estimate because, under Section 320 of methods in the future. FEMA has not damages from a disaster may not have the Stafford Act (42 U.S.C. 5155), FEMA made any changes based on this homeowners insurance if they do not is statutorily prohibited from comment. have a mortgage. FEMA notes that we duplicating insurance coverage. If the do not prescribe the specific method of vast majority of damage will be covered C. 44 CFR 206.48, Paragraph (b)(3)— how to calculate the insurance by insurance, a Presidential declaration Disaster Impacted Population Profile penetration rate in this final rule but we may be unnecessary. As stated previously, States should make their The proposed Disaster Impacted will use the best method available. At Population Profile factor related to the this time, PDA teams may consider any requests based on the best information available to them at the time. In the final demographics of impacted relevant factors in estimating the communities, and identified the insurance rate for the affected rule, FEMA has not prescribed a specific source for this data, because currently following data points as sub-factors: • The percentage of the population 19 The Census Housing Vacancies and available sources have variable Homeownership website provides current coverage, and more complete sources for whom poverty status is determined. information on homeownership rates and are may become available in the future. • The percentage of the population available for the U.S., regions, states, and for the 75 One commenter recommended adding already receiving government assistance largest Metropolitan Statistical Areas (MSAs). Data such as Supplemental Security Income for all geographies are available both quarterly and a data point to capture the number of annually. https://www.census.gov/housing/hvs/ uninsured or underinsured losses from and Supplemental Nutrition Assistance index.html. individuals who were required to carry Program benefits.

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• The pre-disaster unemployment percentage of the population for whom these data points to FEMA as part of a rate. poverty status is determined and the declaration request; FEMA is merely • The percentage of the population percentage of the population already clarifying a common source for these that is 65 years old and older. receiving government assistance such as data points going forward. The disaster • The percentage of the population 18 Supplemental Security Income and impacted population profile data points years old and younger. Supplemental Nutrition Assistance can be found by the State prior to a • The percentage of the population Program benefits. If a State believes, disaster even occurring and will only with a disability. based on the circumstances of a disaster need to be pulled once a year. • The percentage of the population event, that there is additional Two commenters noted that the who speak a language other than population-related information that proposed rule changes added several English and speak English less than needs to be considered, the State should very beneficial factors, including the ‘‘very well.’’ additional components to the Disaster • include such information in its request Any unique considerations for a major disaster declaration Impacted Populations profile, the regarding American Indian and Alaskan authorizing IA. Impact to Community Infrastructure, Native Tribal populations raised in the A commenter stated that, although and the separate consideration for State’s request for a major disaster special populations were already a Disaster Related Unemployment. The declaration that may not be reflected in factor of consideration, the expansion of commenters stated that these proposed the data points referenced in paragraphs this into 8 data points would be factors would better highlight the (b)(3)(i)–(vii) of this section. burdensome on States during response severity of a disaster’s impact to the FEMA received comments from 8 activities. FEMA notes that the State is community and would provide a better commenters regarding this factor. The not required to provide any of these data overall understanding of the community commenters stated that consideration points. If the State wishes to provide impacted and the resources needed. The should be given to non-citizen such data points, they are publicly commenters also stated that the populations that are affected by a available.21 States commonly provide proposed factors would facilitate a more disaster; that although special nuanced understanding and approach to populations were already a factor of 21 Poverty data comes from the U.S. Census Small the unique recovery needs of consideration, the expansion of this into Area Estimate Branch, ‘‘Poverty and Median Income communities in the aftermath of a 8 data points would be burdensome on Estimates for Counties.’’ Supplemental Nutrition disaster. States during response activities; that Assistance Program data is from the U.S. Census’s the proposed disaster impacted American Community Survey (ACS) using the D. 44 CFR 206.48, Paragraph (b)(4)— American FactFinder (https://factfinder.census.gov/ population data points would provide a faces/nav/jsf/pages/index.xhtml), Advanced Impact to Community Infrastructure better overall understanding of the Search, Geographies: ‘‘All Counties within the The proposed Impact to Community community impacted and the resources United States,’’ Topics: S2201, 5-year estimates. Infrastructure factor related to certain needed; and that the proposed disaster Supplemental Security Income data comes from ACS using the American FactFinder, Advanced impacts to a community’s infrastructure impacted population profile data points Search, Geographies: ‘‘All Counties within the that may adversely affect a population’s are to be commended because the factor United States,’’ Topics: B19056, 5-year estimates. ability to safely and securely reside would better highlight the severity of The unemployment data at the State and county within the community. The proposed impact to the community. level are available at https://www.bls.gov/lau/. Data rule identified the following sub-factors: on county populations of ‘‘65 or Older’’ and ‘‘18 or • Two commenters stated that in the Younger’’ data comes from the ACS using the Lifesaving and life-sustaining Commonwealth of the Northern Mariana American FactFinder (https://factfinder.census.gov/ services. The effects of a disaster may Islands, they face extenuating and faces/nav/jsf/pages/index.xhtml), Advanced cause disruptions to or increase the unique situations because they have a Search, Geographies: ‘‘All Counties within the demand for lifesaving and life- United States,’’ Topics: DP05, 5-year estimates. Data relatively large population of aliens as on populations with a disability comes from the sustaining services, necessitate a more compared to U.S. citizens and nationals. ACS, American FactFinder (https:// robust response, and may delay a The commenters asked that FEMA factfinder.census.gov/faces/nav/jsf/pages/ community’s ability to recover from a consider allowing direct financial index.xhtml), Advanced Search, Geographies: ‘‘All disaster. The State may provide Counties within the United States,’’ Topics: S1810, support for that specific population. 3-year estimates. Data on ‘‘percent of population information regarding the impact on life FEMA is statutorily prohibited from who speaks English less than very well’’ comes saving and life sustaining services for a providing certain types of Federal from the ACS, American FactFinder (https:// period of greater than 72 hours. Such assistance to aliens who are not factfinder.census.gov/faces/nav/jsf/pages/ services include but are not limited to 20 index.xhtml), Advanced Search, Geographies: ‘‘All qualified aliens. Specifically, Counties in the United States,’’ Topics: B06007, 5- police, fire/EMS, hospital/medical, recipients of IHP and DUA must certify year estimates. Data on American Indian and Alaska sewage, and water treatment services. that they are U.S. citizens, non-citizen Native populations comes from the ACS, American • Essential community services. The nationals of the United States, or FactFinder (https://factfinder.census.gov/faces/nav/ effects of a disaster may cause jsf/pages/index.xhtml), Advanced Search, disruptions to or increase the demand qualified aliens. That prohibition is Geographies: ‘‘All Counties within the United statutory and it cannot be altered States,’’ Topics: DP05, 5-year estimates. FEMA may for essential community services and through this final rule. update these sources to account for future delay a community’s ability to recover A commenter raised concerns that the improvement and changes in the U.S. Census, BLS, from a disaster. The State may provide proposed rule did not include any BEA, and Treasury data reporting, and the sources information regarding the impact on are provided here for example. requests for information on indigent For definitions related to demographic data essential community services for a populations. FEMA notes that the points, please refer to the associated organizations period greater than 72 hours. Such proposed rule included a number of websites. For example, refer to U.S. Census Small services include but are not limited to such requests, including specific sub- Area Income and Poverty Estimates definitions at schools, social services programs and https://www.census.gov/topics/income-poverty/ factors seeking information on the poverty/about/glossary.html for percentage of the providers, child care, and eldercare. population for whom poverty status is determined. 20 The Personal Responsibility and Work For a definition of the pre-disaster unemployment American Community Survey also provide Opportunity Reconciliation Act Of 1996, Title IV, rate, refer to Bureau of Labor Statics at http:// definitions related to demographic data points Public Law 104–193, 110 Stat. 2105 (Aug. 22, 1996). www.bls.gov/bls/glossary.htm and search for the including the following terms: Assistance and See 8 U.S.C., Chapter 14—Restricting Welfare and term ‘‘unemployment rate’’. The U.S. Census Subsidies, Age, Disability, Language Spoken at Public Benefits for Aliens, 8 U.S.C. 1611–1646. glossary at http://www.census.gov/glossary and Home, and Ability to Speak English.

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• Transportation infrastructure and community. PA PDA teams conduct F. 44 CFR 206.48, Paragraph (b)(6) utilities. Transportation infrastructure assessments to estimate the costs to —Disaster Related Unemployment or utility disruptions may render repair and replace infrastructure, but a housing uninhabitable or inaccessible. major disaster declaration request for IA The proposed Disaster Related Such conditions may also affect the would not require that level of detail. Unemployment factor called for delivery of life sustaining commodities, For IA, FEMA is not evaluating how consideration of the number of disaster provision of emergency services, ability much it will cost to fix a bridge that was survivors who lost work or became to shelter in place, and efforts to washed out during a flood; however, unemployed due to a disaster and who rebuild. The State may provide FEMA believes it is important to know do not qualify for standard information regarding the impact on how many people are impacted because unemployment insurance. The proposed transportation infrastructure and that bridge is now unavailable. A bridge factor welcomed States to provide an utilities for a period of greater than 72 that is washed out could severely estimate of the number of such hours. impact an individual’s ability to remain unemployed disaster survivors as well FEMA received comments from 9 in their home or to travel to and from as information regarding major commenters regarding this proposed work, which would necessitate IA. employers affected. factor. The commenters asked for more A commenter raised that FEMA FEMA received comments from 8 information regarding how FEMA should expand the scope of the ‘‘Impact commenters regarding this proposed expects States to provide this to Community Infrastructure’’ factor to factor. Some commenters applauded the information; suggested that the ensure that application of the Stafford proposal to continue to collect this additional requested data would be Act evolves at the pace of real-world information. Others expressed concerns burdensome to collect; and requested threats, to include the effects of evolving that a State may not be able to gather the that FEMA elaborate on the scope of the threats, such as cyber-attacks. FEMA requested unemployment data within ‘‘Impact to Community Infrastructure’’ encourages planning and preparing for the 30 day declaration request period. factor to include the effects of a cyber- potential cyber-attacks. FEMA believes Some commenters stated that a State event or other evolving threat. that the final rule is flexible enough to typically uses potential disaster The information included in the allow FEMA to evaluate whether IA unemployment claims for a USDA ‘‘Impact to Community Infrastructure’’ programs would be appropriate and agriculture related disaster request but factor is already typically provided, necessary following a cyber-event that adding this information to a major where relevant, in States’ major disaster affected individuals and households. It disaster request for IA may be worth the declaration requests for IA. States is important to note that some FEMA time and resources when many typically identify any critical programs may not be well suited to businesses are impacted. Others stated infrastructure disruptions in their major address damage caused by cyber events that FEMA should not use potential low disaster declaration requests for IA and other evolving threats, and not all level of unemployment claims due to a because it illustrates the impact of the such events or threats will result in major disaster as a negative factor disaster on the community as whole. eligibility for a Stafford Act declaration. against a State in determining whether FEMA recognizes that communication a declaration is warranted. may be difficult after a disaster, and E. 44 CFR 206.48, Paragraph (b)(5)— FEMA expects that State and local Casualties FEMA understands that there are officials will provide the best The proposed Casualties factor related certain disaster situations where information they have. None of this to the number of individuals who are gathering certain types of information information is required, if the State does missing, injured, or deceased due to a may be difficult. This information may not wish to provide it. The information disaster. FEMA received comments from not be necessary or relevant for the for major disaster declaration requests 4 commenters regarding this proposed typical major disaster declaration for IA is often based on initial factor. The commenters noted that the request that is seeking IA. Generally, assessments that allow both the State change for this factor was an increase in when a disaster event warrants IA, and FEMA to evaluate the situation. specificity in the regulation because the Disaster Unemployment Assistance is FEMA currently encourages States to do proposed factor included a request for appropriate as well. This information is the IA PDA before the PA PDA, and information on missing individuals in already provided by States when they encourages States to submit their addition to injured and deceased request Disaster Unemployment requests even if they are still awaiting individuals. In addition, commenters Assistance as part of their major disaster the completion of the PA PDA. felt that a lack of casualties should not declaration request. If needed, States A commenter raised concerns that the be used by FEMA to deny a major may submit extension requests. This proposed ‘‘Impact to Community disaster declaration request for IA. factor will primarily be relevant in Infrastructure’’ factor could potentially FEMA has made no changes to the instances where the effect of the disaster lead to a disaster declaration that ‘‘Casualties’’ factor in the final rule from event is mainly economic and Disaster traditionally would be a PA-only major what was proposed in the proposed Unemployment Assistance is the only disaster declaration to now be an IA rule. Data on the number of missing, program that a State requests. FEMA major disaster declaration as well. In injured, and deceased are currently will not use a low level of addition, a commenter expressed provided by the State to FEMA and unemployment claims due to a major concern about how the States would FEMA is clarifying in regulation the disaster as a negative factor in collect and deliver this information continued need for these data points. determining whether a request for other because many disaster events only Casualties, or a lack thereof, will never forms of disaster assistance is receive a joint FEMA-State PDA for be the only factor considered in a major warranted. However, a low level of either PA or IA. As noted in the disaster declaration authorizing IA unemployment claims due to a major proposed rule, the ‘‘Impact to determination. However, there may be disaster may be indicative that Disaster Community Infrastructure’’ factor is events with borderline levels of damage Related Unemployment is unnecessary intended to help FEMA evaluate the to residences, but with a high number even though other IA programs are disaster impacts on infrastructure and of casualties that point to a level of necessary to assist a community recover how it may affect the individuals in that trauma warranting Federal assistance. post-disaster event.

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G. Principal Factors for Evaluating the assessment of the impact of the event in document is published elsewhere in Need for the Individuals and the context of a State’s fiscal capacity today’s Federal Register along with this Households Program and resources. FEMA recognizes that final rule. In addition, FEMA will FEMA proposed that the principal every disaster is different and periodically publish aggregate PDA data factors it will consider in evaluation of circumstances vary among States. on FEMA’s website which States can any major disaster declaration request Ultimately, however, the ICC compares use to evaluate the likelihood of for IHP will be the fiscal capacity of the two factors that are undeniably relevant receiving a major disaster declaration requesting State (44 CFR 206.48(b)(1)(i)) to FEMA’s recommendation to the for a specific event and to plan for and the uninsured home and personal President. These factors will not be used future events. to the exclusion of all others; FEMA will property losses (44 CFR 206.48(b)(2)). I. IA Declarations Factors Guidance continue to evaluate each request on its FEMA found that the ratio of IA Cost to Several commenters raised concerns Capacity (ICC), which is the estimated own merits, including by reference to the other factors identified in this rule. regarding the IA Declarations Factors cost of IA divided by a State’s TTR in A commenter opined that although Guidance which FEMA indicated would millions, was particularly indicative of FEMA states that the ICC is not a hard support the proposed rule. The the likelihood of a declaration. FEMA threshold, the practical result is that of commenters asked for information on received comments from 4 commenters a threshold. FEMA does not agree that when the guidance would be published, regarding this proposal. The the ICC will act as a threshold. The ICC wanted clarity on how the factors will commenters expressed general statistics provided in the NPRM were be weighted, and suggested that FEMA opposition to FEMA using the ICC based on historical declaration requests should develop appropriate guidance calculation as an evaluation tool for and they show levels of ICC for events materials to train State and local whether IHP is warranted and suggested that were approved at a high frequency, partners, FEMA regional office staff, and that the ICC calculation is a denied at a high frequency, and for the disaster workforce. FEMA published mathematical formula or ‘‘threshold’’ events that fell in the middle. FEMA an additional proposed guidance that is prohibited by the Stafford Act. believes the ICC evaluation provides a document for comment on September A commenter stated that the ICC more systematic way to look at the 22, 2016 that further fleshed out the calculation proposed by FEMA for information and creates a more useful details of how FEMA would evaluate determining whether IHP is warranted decision framework to evaluate a major the factors. 81 FR 65369. The majority is a mathematical formula that is disaster declaration request for IA than of comments received on the proposed specifically prohibited by the Stafford the current evaluation process. FEMA guidance document were duplicative of Act. The commenter stated that the provided this historical data to help what was already received on the formulaic evaluation of a major disaster guide States for planning in future proposed rule. The comments that were request does not meet the spirit and disaster situations, and FEMA will unique and specific to the guidance are intent of the Stafford Act. Section 320 continue to update this data based on addressed in the final IA Declarations of the Stafford Act prohibits the denial major disaster declaration request Factors Guidance, notice of which is of assistance to a geographic area based determinations in the future. FEMA is published elsewhere in today’s Federal solely on the use of an arithmetic not planning to use the ICC calculation Register along with this final rule. formula or a sliding scale based on as a hard ‘‘threshold.’’ Commenters asked for clarity on how income or population. 42 U.S.C. 5163. the factors would be evaluated by The ICC ratio compares the estimated of H. Lack of Thresholds FEMA. As stated above, FEMA intends cost of assistance and the State’s TTR. FEMA received comments that to provide additional clarity regarding Although the ICC ratio is an arithmetic expressed disappointment at a lack of evaluation of the factors through formula based in part on income flows, clear thresholds or other guidance guidance documents. These guidance FEMA does not plan to deny assistance regarding what amount of damage documents will aid States and to any geographic area based solely on would definitively warrant a major Territories in drafting requests for the results of this formula. Rather, the disaster declaration authorizing IA. emergency and major disaster results are only one factor (albeit an FEMA will not be using a threshold declarations including Individual important one) that FEMA will because it would unnecessarily limit Assistance. These documents will also consider, in the totality of the FEMA’s ability to advise the President provide additional clarity regarding the circumstances, when making its and would not allow FEMA to fully circumstances, in particular the severity recommendation to the President. The consider all factors that may be relevant and magnitude relative to State comparison of the principal factors will for the unique circumstances of a capacity, under which a major disaster be considered in conjunction with the disaster and its impact on the State. declaration authorizing IA is likely to be other factors that are provided in the FEMA understands that some States approved or denied. This additional final rule. FEMA has revised the prefer additional clarity for planning clarity should allow for improved regulatory text at 44 CFR 206.48(b) to purposes, i.e., to help States decide planning by the States because they will make clear that FEMA will always whether they should or should not have a better understanding of what consider all relevant information submit a major disaster declaration type and size of event may exceed their submitted as part of a declaration request for a given disaster event. While capacity to support residents without request. FEMA will not be establishing a Stafford Act assistance. FEMA believes that it is appropriate threshold, FEMA issued an additional A commenter stated that FEMA to use ICC as a measure of the need for proposed guidance document for should develop appropriate guidance IHP because at its core, the comment on September 22, 2016 at 81 materials to train State and local determination of whether to recommend FR 65369 that further fleshed out the partners, FEMA regional office staff, and a major disaster declaration authorizing details of how FEMA will evaluate the the disaster workforce. FEMA has IHP depends on the impact of the event factors. Following consideration of the hosted and will continue to host being beyond a State or local comments received, FEMA is issuing internal and external trainings and government’s capability. Such a the final guidance today; a notice of webinars for the FEMA Regional determination necessarily entails an availability regarding that guidance Offices, States, Territories, and local

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partners to help them become familiar will not provide an accurate measure of President why supplemental Federal with and understand the new IA major the number of homes damaged. FEMA disaster assistance is necessary for their disaster declaration factors. notes that a State is the entity that State. triggers the joint FEMA-State PDA, and J. Preliminary Damage Assessments IV. Final Rule that a State may request an extension of Several commenters raised concerns the 30 day deadline if additional time is FEMA is finalizing the proposed rule regarding the preliminary damage needed to provide accurate results. For with the two changes that are discussed assessment process. The concerns raised any major disaster declaration request in section III of this preamble. First, include that nongovernmental including IA, FEMA will work with the FEMA is removing the proposed ‘‘State organizations (NGOs) should be invited State to complete the PDAs and process Services’’ sub-factor. Second, FEMA is to participate in sharing information the declaration request as quickly as removing the proposed ‘‘Planning After during the PDA process and initial possible. FEMA will make a major Prior Disasters’’ sub-factor. FEMA has response and recovery; that FEMA disaster declaration recommendation to also revised introductory text at 44 CFR should simplify the PDA process for IA the President based on the best 206.48(b) to make clear that regardless and coordinate with the Red Cross and information available and we recognize of the ratio of estimated cost of Small Business Administration (SBA); that early after an event not all of the assistance to TTR for any given event, that the timeframe for making a major information is available or completely FEMA will always consider all relevant disaster declaration for IA is unclear; certain. FEMA also recognizes that the information submitted as part of a and that a PDA conducted too early in magnitude of some events may require declaration request. certain events, such as a flooding the State and FEMA to move ahead V. Regulatory Analysis disaster, will not result in accurate based only on limited or uncertain PDAs. information. A. Executive Order 12866, Regulatory A commenter raised a concern that Planning and Review and Executive non-governmental organizations need to K. Amount of Data Requested Order 13563, Improving Regulation and be invited to participate in sharing Several commenters raised concerns Regulatory Review information during the PDA process and that the proposed rule would create a 1. Executive Summary & A–4 initial response and recovery. FEMA significant increase in the amount of Accounting Statement notes that non-governmental data required for a State’s request for a organizations are often involved in the major disaster declaration authorizing Executive Orders 13563 (‘‘Improving disaster response in a community and IA. The commenters shared that, Regulation and Regulatory Review’’) provide information to the States. A although it is appreciated that States are and 12866 (‘‘Regulatory Planning and State may coordinate with their local being forewarned of these requirements Review’’) direct agencies to assess the non-governmental organizations and to in advance, they felt that many of the costs and benefits of available regulatory involve them in the PDA process, at the new data points would require alternatives and, if regulation is State’s discretion. significant effort to assemble which may necessary, to select regulatory Two commenters suggested that impact expediency in submitting a approaches that maximize net benefits FEMA, SBA and the American Red major disaster request which is in direct (including potential economic, Cross should develop a single contradiction to section 1109 of SRIA’s environmental, public health and safety standardized PDA that would collect requirement to ‘‘speed a declaration of effects, distributive impacts, and one set of data that all three entities can a major disaster.’’ In addition, others equity). Executive Order 13563 use. In general, FEMA believes that a raised concern that under the proposed emphasizes the importance of wholesale revision of the PDA process rule, FEMA would require the States to quantifying both costs and benefits, of is outside the scope of this rulemaking. compile a significant amount of reducing costs, of harmonizing rules, Aside from revising a limited number of information, regardless of whether such and of promoting flexibility. Executive data points, this final rule does not information had any bearing on whether Order 13771 (‘‘Reducing Regulation and affect the PDA process at all. In a declaration will be declared. Controlling Regulatory Costs’’) directs addition, FEMA and SBA currently do FEMA notes that most of the data agencies to reduce regulation and coordinate and complete PDA together points identified in the proposed rule control regulatory costs and provides when feasible. are already provided by States as part of that ‘‘for every one new regulation A commenter requested clarity about the current disaster declaration process issued, at least two prior regulations be the deadline by which a State must because they are items that FEMA identified for elimination, and that the request a major disaster declaration informally identified as relevant data cost of planned regulations be prudently authorizing IA. States must submit their points in the past. By clearly identifying managed and controlled through a major disaster request (or request an these data points up front, the final rule budgeting process.’’ extension) within 30 days of the will reduce the potential that FEMA The Office of Management and Budget incident. 44 CFR 206.36(a). FEMA will need to reach back to the State for (OMB) has designated this rule a encourages States to identify the additional information. In this way, ‘‘significant regulatory action’’ although potential need for a joint FEMA-State FEMA believes that the rule will help not economically significant, under PDA as quickly as possible if the State speed the process. In addition, FEMA is section 3(f) of Executive Order 12866. believes that a major disaster not compelling the States to provide all Accordingly, the rule has been reviewed declaration is necessary. FEMA of the data points included in this by OMB. This rule is exempt from the encourages States to collect and submit rulemaking. A State should submit requirements of Executive Order 13771 information as quickly as possible enough information that they believe because it has de minimis costs spread because it is important to provide justifies the need for supplemental across all states and territories. See assistance to disaster survivors as soon Federal assistance. However, it is in the OMB’s Memorandum ‘‘Guidance as possible after a disaster event. State’s interest to discuss the data points Implementing Executive Order 13771, A commenter stated that FEMA must highlighted in this rule along with any Titled ‘Reducing Regulation and recognize that a PDA performed too other relevant information because it Controlling Regulatory Costs’’’ (April 5, early, particularly after a flood event, will illustrate to FEMA and the 2017).

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FEMA estimates the final rule will factor. Benefits of the rule include information sources as they have impose a cost burden of $28,040 in the clarifying FEMA’s existing practices and become available. This rule reflects the first year of implementation and $2,939 reducing process time and effort (back evolution of those efforts by codifying for each subsequent year. FEMA and forth) between FEMA and States currently used factors, as well as adding estimates the ten-year present value requesting a declaration. one new factor to evaluate the fiscal total cost to be $44,102 discounted at FEMA does not expect the rule to capacity of States’ abilities to respond to seven percent and $49,441 discounted affect the amount of assistance to and recover from a declared disaster. at three percent. FEMA estimates the individuals and households for two Second, the new fiscal capacity factor is annualized cost of the final rule to be primary reasons. First, codifying factors highly correlated to previously captured $6,279 at seven percent and $5,796 at that are currently captured under the data on State population 24 and is three percent.22 The costs are for ‘‘other relevant information’’ prong of expected to result in comparable training (FEMA providing and States 44 CFR 206.48 provides clarity without declaration recommendations. FEMA participating in), States becoming necessarily changing current practice. believes including the new fiscal familiar with the regulation, both FEMA Since 1999,23 FEMA has evaluated and capacity factor provides a more and States downloading and saving improved its IA declarations practices comprehensive picture of a State’s annual data, and States changing their continuously so that FEMA can ability to respond to and recover from existing files to account for the new incorporate consideration of new a declared disaster.

TABLE 1—A–4 ACCOUNTING TABLE

Estimates Units

Category Discount Primary Low High Year rate Period estimate estimate estimate dollar (%) covered

Benefits: Annualized Monetized...... n/a n/a n/a n/a 7 n/a. n/a n/a n/a n/a 3 n/a. Annualized Quantified...... n/a n/a n/a n/a 7 n/a. n/a n/a n/a n/a 3 n/a.

Qualitative ...... The final rule more clearly identifies declaration factors FEMA considers when mak- ing its recommendation to the President on a major disaster declaration that au- thorizes IA than current regulations. The rule codifies factors FEMA currently con- siders, but are not specified in 44 CFR 206.48(b) and adds one new factor that will provide additional information on fiscal capacity. FEMA anticipates that this final rule will result in regulatory efficiencies due to reduced back and forth between FEMA and the State that is requesting the declaration. Currently, the amount of back and forth between FEMA and the State is not tracked.

Costs: Annualized Monetized ...... $6,279 n/a n/a 2015 7 10 years. $5,796 n/a n/a 2015 3 10 years. Annualized Quantified...... n/a n/a n/a ...... 7 10 years. n/a n/a n/a ...... 3 10 years.

Qualitative ...... None.

Transfers: Federal Annualized Monetized...... n/a n/a n/a n/a 7 n/a. n/a n/a n/a n/a 3 n/a.

From/To ...... From: n/a To: n/a.

Other Annualized Monetized...... n/a n/a n/a n/a 7 n/a. n/a n/a n/a n/a 3 n/a.

From/To ...... From: n/a To: n/a.

Effects:

22 FEMA includes estimates of discounted present flows received by its residents that a State can producing industries to estimate GDP by State for value costs and annualized costs according to potentially tax. See United States Department of the those industries. The second procedure uses Census guidance from OMB Circular A–4. Office of Treasury, ‘‘Treasury Methodology for Estimating Bureau receipts and payroll data, or company Management and Budget, Published September 17, Total Taxable Resources (TTR),’’ Revised November financial data to estimate gross operating surplus 2003. Available at: https://www.whitehouse.gov/ 2002, page 2, https://www.treasury.gov/resource- for the services-producing industries. Both sites/whitehouse.gov/files/omb/circulars/A4/a- center/economic-policy/Documents/ procedures use income received by a State’s 4.pdf. nmpubsum.pdf. Accessed and downloaded residents as a primary component. See United 23 On September 1, 1999, 44 CFR 206.48 was November 9, 2015. Because TTR is available at the finalized in regulation. See 64 FR 47698. State level only, Gross Domestic Product (GDP) by States Department of Commerce, Bureau of 24 The correlation is based on the new fiscal State will be used as the fiscal capacity indicator Economic Analysis, ‘‘GDP by State Estimation capacity sub-factors. The primary sub-factor that for territories and other areas when TTR is not Methodology,’’ page 2, https://www.bea.gov/sites/ will be used is Total Taxable Resources (TTR), available. In general, GDP by State is estimated default/files/methodologies/0417_GDP_by_State_ which measures the unduplicated sum of the using two procedures. The first one uses State-level Methodology.pdf. Accessed and downloaded income flows produced within a State and income Census Bureau value-added data for goods- February 15, 2017.

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TABLE 1—A–4 ACCOUNTING TABLE—Continued

Estimates Units Category Discount Primary Low High Year rate Period estimate estimate estimate dollar (%) covered

State, Local, and/or Indian Tribal Governments ...... State governments are the only entities directly affected by this rule. Benefits include expected regulatory efficiencies due to reduced back and forth between FEMA and the State requesting the major disaster declaration that includes IA.

Increased costs resulting from the rule are from training, becoming familiar with the new rule, downloading the fiscal capacity factor data, and changing existing tem- plates and files to account for the new factor. These costs are expected to occur in year 1. Costs in subsequent years from updating the data are expected to be small.

Small Business ...... No Impact. Wages ...... Not Measured. Growth ...... Not Measured.

2. Need for Regulatory Action a separate process and are not included FEMA’s review examined the 85 This final rule provides clarity on the in this rule. For this reason, Tribal major disaster declaration requests for declaration factors that FEMA currently governments are not directly affected by IA that States submitted between considers in support of its this rule. Local governments also are not January 1, 2012 and December 31, 2016. recommendation to the President on directly affected by the rule because the All were examined, whether the whether a major disaster declaration disaster-related information local declaration was granted or denied. authorizing IA is warranted. FEMA governments provide to the State is part FEMA found that the four new Fiscal expects the additional clarity will of their current disaster response Capacity sub-factors had not been reduce delays in the declaration process process, which is to provide situational provided previously by States; however, by decreasing back and forth between awareness and ascertain the need for when States provided qualitative 26 States and FEMA. FEMA also is adding further emergency assistance. information on the State’s economic health, they may also have provided one new factor—Fiscal Capacity—to 4. Current Baseline and Impacts of Final median household income. FEMA provide additional context on States’ Rule capacity to respond to and recover from found that out of the remaining 23 sub- disaster situations. Finally, the rule will The rule largely codifies many factors, 19 were provided in at least 80 satisfy the requirements outlined in considerations that FEMA has used for percent of the requests and only 4 were Section 1109 of SRIA. several years under the ‘‘other relevant provided in less than 20 percent of the information’’ prong of 44 CFR 206.48, request letters. All 4 are sub-factors of 3. Affected Population but were not specifically identified in the Disaster Impacted Population Profile A request for a Federal major disaster FEMA regulations. FEMA conducted a factor. Specifically, the percentage of declaration authorizing IA must come retrospective review of State major population already receiving from a State’s Governor or designated disaster declaration letters that government assistance such as equivalent. 44 CFR 206.36(a). Therefore, requested IA and found that States Supplemental Security Income and the rule directly affects all States that typically included more information Supplemental Nutrition Program are eligible to request a Federal major and data than what is specifically benefits appeared in only 5 percent of disaster declaration authorizing IA. identified in the current regulations and the requests (4 occurrences in 85 total 27 States are defined in 44 CFR listed at 44 CFR 206.48(b). requests); the percentage of the 206.2(a)(22) and include any State of the population who speak a language other 26 The National Response Framework defines the than English and speak English less United States, the District of Columbia, roles and responsibilities of key partners at the Puerto Rico, the Virgin Islands, Guam, local, tribal, State, and Federal levels. Local than ‘‘very well’ in only 7 percent of the American Samoa, and the governments/jurisdictions are responsible for requests (6 occurrences in 85 total Commonwealth of the Northern Mariana ensuring the public safety and welfare of their requests); the percentage of population 25 residents. Local police, fire, emergency medical 18 years old and younger in only 18 Islands. services, public health and medical providers, Although Section 1110 of SRIA emergency management, public works, percent (15 occurrences in 85 total amended the Stafford Act to allow environmental response professionals, and other in federally recognized Indian Tribal the community are often the first to detect a threat that each letter was unique and provided many of governments to submit requests for or hazard, or respond to an incident. As first the data points and information that will be responders, local governments provide situational explicitly included under the regulation. The emergency or major disaster awareness on the incident and request immediate information submitted varied depending on the declarations, SRIA charged FEMA to emergency relief to ensure public safety and disaster, the scope of damages, and the need for implement that authority separately by welfare, i.e. debris removal and/or emergency assistance. FEMA does not require every data point rulemaking. Declarations requested by protective measures. See National Response to be submitted when a State makes a declaration Framework, Third Edition, pages 11–12, https:// request. FEMA found that some requests had more Tribal governments will be covered by www.fema.gov/media-library-data/1466014682982- data and/or information, while other requests had 9bcf8245ba4c60c120aa915abe74e15d/National_ less. For instance, in more severe events in less 25 There are 56 States, as defined by 44 CFR 44 Response_Framework3rd.pdf. Accessed and resilient areas, the States did not need to provide CFR 206.2(a)(22). Throughout this analysis, downloaded February 15, 2017. a large amount of information to be recommended ‘‘States’’ means the total number of governmental 27 FEMA reviewed all 85 State major disaster for a declaration. In these instances, the individual jurisdictions that include the 50 U.S. States, District declaration request letters submitted between assistance needs were clearly outside the capacity of Columbia, and the 5 territories listed. January 1, 2012 and December 31, 2016, and found of the requesting State.

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requests); and any unique and storing the information for its own Domestic Product (GDP) by State, considerations regarding American reference. FEMA assumes that States measuring the unduplicated sum of the Indian and Alaskan Native Tribal will download and store the data in income flows produced within a State, populations that may not be reflected in subsequent years prior to any major but makes adjustments for additional, the U.S. Census Bureau data in only 18 disaster so that the information is potentially taxable income flows earned percent of the requests (15 occurrences readily available if they need to request by residents from out-of-state sources in 85 requests). FEMA found that these IA. In addition, once a State has such as capital gains and commuter specific sub-factors of population were downloaded and stored this data for one income.30 FEMA acknowledges that specifically included by States when disaster, the State is likely to keep the TTR does not capture a State’s actual tax they believed the disaster adversely data on hand for future reference and to revenue or expenditures and cannot be affected and heighted the vulnerability meet administrative records retention viewed as a financial accounting of a of these particular segments of the policies. State’s budget. The GAO supports the population. This is consistent with FEMA does not expect the new Fiscal use of TTR as a measure of a State’s FEMA’s long-standing practice of Capacity factor to affect the number of fiscal capacity because it provides a considering how any given disaster IA declaration requests made by States more comprehensive measure of a affects populations that are 65 years and or change the amount of IA assistance State’s fiscal capacity when compared to greater or have a disability. The detailed provided. The new factor is highly other options, which do not include the findings are presented in Table 5, and correlated to data previously used; thus, additional, potentially taxable income in the marginal analysis table posted in would have likely resulted in flows earned by residents from out-of- the docket at www.regulations.gov. comparable declaration state sources such as capital gains and These findings established the baseline recommendations had it been used. For commuter income.31 from which the costs of this rule were this reason, the final rule is expected to Further, FEMA is removing the estimated. result in comparable recommendations ‘‘Average Amount of Assistance per Because FEMA and States already are in the future and the rule is not Disaster’’ table that is found at the gathering and providing much of this expected to affect transfer payments. current 44 CFR 206.48(b)(6) which was information, FEMA anticipates minimal Fiscal Capacity. FEMA recognizes based on outdated (1990 Census Data) impact to States. FEMA does not expect that each State’s capacity to respond population numbers and simplistic size or require States to include every factor and recover varies based on the categories that grouped States into only in every declaration request. FEMA circumstances of the disaster and the three categories: Small, medium, and expects that States will continue to State’s resources. FEMA includes fiscal large. Removing this table and instead provide a comparable level of capacity data to better evaluate a State’s using TTR will allow a State and FEMA information in their request letters, ability to adequately respond to a to include a State-specific assessment of based on their respective circumstances disaster with or without supplemental that State’s fiscal capability when and disaster effects. Federal assistance. The GAO suggested responding to a major disaster. Indian Tribal governments (requesting in multiple reports that FEMA should FEMA conducted a retrospective assistance through the State) and local incorporate States’ fiscal capacity into analysis of its recommendations and governments currently provide the State its considerations when recommending major disaster declarations by the with specified factor information for disaster declarations to the President. President and confirmed they are their local area and affected residents. All of the GAO reports focused on correlated to the fiscal capacity of the Therefore, FEMA anticipates Indian including fiscal capacity in FEMA’s PA requesting State, as represented by State Tribal governments (requesting declaration factor criteria. FEMA TTR data. Historically, FEMA captured assistance through the State) and local believes there also is a need to assess a an aspect of fiscal capacity when governments will not directly incur State’s capacity to respond and recover additional costs from the rule. evaluating the damage caused by each on its own when determining whether disaster in relation to the population of As previously discussed, the new a major disaster declaration that factor FEMA is adding is Fiscal the affected State. States with the authorizes IA is warranted. highest State TTRs tended to have the Capacity. Both FEMA and States will be To evaluate a State’s fiscal capacity affected by the addition of this factor. highest population. Based on this for response to a major disaster, FEMA analysis, FEMA found that major For FEMA, the increase in burden will will review data on a State’s TTR.28 The result from annually collecting the disaster declarations authorizing IA U.S. Department of Treasury (Treasury) have a correlation to the fiscal capacity information and providing it to the calculates the TTR of each State, which States. This increase in burden is is used as a measure of a State’s fiscal Mental Health Services Administration’s block expected to begin in year 1 and remain 29 capacity. TTR is based on Gross grant program and Community Mental Health the same for each subsequent year. Service use TTR. Federal Disaster Assistance, FEMA also will incur a cost for 28 Pursuant to Public Law 102–321, the U.S. Improved Criteria Needed to Assess a Jurisdiction’s providing IA declaration factors Department of the Treasury produces annual Capability to Respond and Recover on Its Own, training. For States, an increase in estimates of total taxable resources (TTR) for all GAO–12–838, September 2012, pages 31–32. http:// burden will be realized in the first year States. The TTR estimates are published by www.gao.gov/products/GAO-12-838. Accessed and September 30th each year and have a two-year lag. downloaded November 9, 2015. when States download the fiscal For example, TTR for 2016 was published on 30 United States Department of the Treasury, capacity data, adjust their templates and September 28, 2018. The formula for calculating ‘‘Treasury Methodology for Estimating Total files to accommodate the new Fiscal TTR uses gross state product as its base, subtracts Taxable Resources (TTR),’’ Revised November 2002, Capacity factor, and attend IA non-taxable components, then accounts for cross- page 2, https://www.treasury.gov/resource-center/ border income flows. This calculation provides a economic-policy/Documents/nmpubsum.pdf. declaration factor training. In each ‘‘. . . comprehensive measure of all the income Accessed and downloaded November 9, 2015. subsequent year, the burden for States is flows a state can potentially tax.’’ 31 United States Government Accountability expected to decrease from year 1 29 GAO Report 12–838 stated that other Federal Office, FEDERAL DISASTER ASSISTANCE: because it will be for downloading and departments and agencies have used TTR data to Improved Criteria Needed to Assess a Jurisdiction’s determine a jurisdiction’s fiscal capacity and the Capability to Respond and Recover on Its Own, storing the fiscal capacity data only. extent to which a jurisdiction should be eligible for GAO–12–838, September 2012, page 31. http:// FEMA will provide a link on its website Federal assistance; specifically the Department of www.gao.gov/products/GAO-12-838. Accessed and to the data in addition to downloading Health and Human Services’ Substance Abuse and downloaded November 9, 2015.

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of the requesting State, as represented estimated IA costs and the State’s TTR included IA, especially those with ICCs by the State TTR data. to calculate a ratio of IA Cost to (fiscal) above 25, the more likely the request for FEMA reviewed 220 major disaster Capacity (ICC). For example, assume a IA was granted. Conversely, the lower declaration requests that included IA State estimated $2,000,000 in IA costs the ICC ratio for a major disaster and were submitted between January and the State’s TTR was declaration request that included IA, 32 2008 and December 2016. The $30,000,000,000. FEMA then divided especially those with ICCs below 10, the purpose of the review was to determine $30,000,000,000 by $1,000,000 to get the more likely the request for IA was if there would have been any impact on State’s TTR in millions, which is denied. The following table displays the a disaster determination from using ÷ $30,000. ($30,000,000,000 $1,000,000 total number of major disaster State TTR to assess a State’s need for a = $30,000) FEMA divided the estimated declaration requests and the total of the major disaster declaration authorizing cost of IA, which was $2,000,000, by IA requests that were granted by ICC IA. Each State request included an $30,000 to get the ICC ratio 66.7. estimate of the costs from the damages ($2,000,000 ÷ $30,000 = 66.66) ratio size. The table also shows the attributed to the disaster event. FEMA Based on the ICC calculation for all percentage of granted major disaster retrieved the TTR data that was 220 State requests, FEMA’s analysis declaration requests within each available for that State at the time of the shows the greater the ICC ratio for a respective ICC group. request. For each request, FEMA used major disaster declaration request that

TABLE 2—NUMBER OF IA REQUESTS AND GRANTED IA REQUESTS BY ICC RATIO

Number of Number of Percentage ICC ratio requests requests of requests (estimated cost of IHP/(TTR/$1 million)) received approved approved (2008–2016) (2008–2016) (2008–2016)

>25 ...... 65 55 85 10–25 ...... 71 32 45 <10 ...... 84 8 10

Total ...... 220 95 43

Based on the above data, there were Report 12–838, FEMA examined the State and the income flows, not just an 71 major disaster declaration requests effect of using TTR, rather than median estimate of the number of people in the that included IA with ICC ratios household income and population data State. In addition, TTR includes much between 10 and 25; and 32 of these as indicators of a State’s economic of the business income that does not requests were declared major disasters ability to support itself in the event of become part of the income flow to that included IA. Hence, 45 percent of a major disaster and whether using TTR jurisdiction residents, undistributed major disaster declaration requests with would have changed FEMA’s past corporate profits, and rents and interest ICC ratios between 10 and 25 that recommendations.33 FEMA is including payments made by businesses to out-of- included IA were granted. FEMA TTR to introduce a more direct measure jurisdiction real estate owners and believes this approval rate helps of State fiscal capacity than the lenders. FEMA concludes that its illustrate that a number of factors are qualitative information already being consideration of State TTR would not taken into consideration when provided by the States.34 FEMA will have affected past recommendations determining FEMA’s recommendation, continue to consider, when provided, based on the above analysis that shows especially in borderline events. information from States on the effects of that TTR and population are highlight In addition, FEMA’s above analysis previous disasters and State median correlated.35 Accordingly, FEMA shows that the higher the estimated cost household income and population data. anticipates that using State TTR when of IA damages and the lower the State FEMA found that TTR and population making future major disaster declaration TTR, the more likely a major disaster are highly correlated (0.984). Although recommendations will not reduce the declaration request authorizing IA was these measures are highly correlated, number of IA declaration requests made granted in the past. In the past, States FEMA chose State TTR as its preferred by States or change the amount of IA generally provided qualitative data point as a more direct measure of assistance provided. discussions on the effects of previous fiscal capacity for several reasons. TTR FEMA recognizes that some disasters disasters, State median household more accurately reflects a State’s ability cause enough damage to overwhelm income data, and population data as to respond to a disaster because TTR is even the most fiscally capable States indicators of their economic health. In a measure of fiscal capacity which takes and that disasters may result in special response to recommendations in GAO into consideration the population of the circumstances. For example, a special

32 For the analysis on TTR, FEMA excluded included an estimate for PDA. See ‘‘New York— 33 Although GAO Report 12–838 largely related to disaster declaration requests that did not include a Hurricane Irene, FEMA–4020–DR,’’ Summary of the Public Assistance disaster declaration process, request for IA. FEMA also excluded duplicate Damage Assessment Information Used in FEMA decided to evaluate whether TTR could also requests, U.S. territories’ requests (because there is Determining Whether to Declare a Major Disaster, improve the IA major disaster declaration process. no TTR data available), requests without summaries Accessed and downloaded April 11, 2017. https:// 34 FEMA recognizes that TTR does not perfectly of the PDA data or with insufficient data, and www.fema.gov/pdf/news/pda/4020.pdf. FEMA will capture a State’s fiscal capacity and encourages requests that involved an expedited decision. use data related to personal income and GDP for States to provide any information they believe However, expedited disaster declarations that support their IA declaration request. territories. The estimated cost to States and to included PDA data and a request for IA were 35 FEMA also reviewed using per capita TTR and FEMA for downloading and providing fiscal included. For example, the disaster declaration found per capita TTR and population are not highly request from New York for Hurricane Irene (2008, capacity data are included in the analysis. See correlated (0.099) and that as a result, the use of per DR 4020) was included in the data set even though section, ‘‘5. Impacts to Costs, Benefits, and capita TTR may have affected past the declaration was expedited because the request Transfers.’’ recommendations.

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circumstance would be if a State has final rule would slow the declaration However, FEMA recognizes that there experienced several major disasters in a process because key decision makers will be an additional burden to States very short time or if a particular disaster might not be familiar with the final rule. resulting from downloading the relevant included widespread and extensive FEMA considered each of the comments Fiscal Capacity data annually and damage. Another special circumstance and adjusted its estimated costs adjusting their templates and files in would be if the disaster affected a small accordingly by incorporating new year 1. The estimated cost for all States geographic area. If a disaster request is training costs, familiarization costs, is $8,935 in year 1 and $1,787 in each for a small area, FEMA will review per updated data retrieval costs, and new subsequent year. FEMA has included capita personal income by local area costs associated with States these costs in the final rule as a result data to ascertain a local government’s incorporating the new Fiscal Capacity of public comments received on the fiscal capacity. FEMA previously data into existing files and processes. NPRM. evaluated data on median household FEMA also more descriptively FEMA estimates that in year 1 each income per county. FEMA expects that presented the baseline data on which its State will spend approximately four the shift from median household cost estimates are based.37 A more hours on downloading the new fiscal income per county to per capita detailed summary of these comments, capacity data and adjusting files and personal income by local area will have and FEMA’s responses, follows. templates to incorporate the new Fiscal minimal impact and no new costs Additional Burden from Fiscal Capacity factor.38 To estimate the because one is replacing the other. Capacity Factor. Four commenters additional activity time, FEMA FEMA’s intent in this final rule is to questioned whether the estimate of the performed a ‘‘dry run’’ retrieval and continue to take multiple factors into additional burden resulting from the storage of the fiscal capacity data for 13 consideration, including the fiscal new Fiscal Capacity Factor was randomly chosen States.39 FEMA capacity factor whether it be State TTR, accurate. Specifically, three States estimates it will take 10 to 15 minutes GDP by State, or per capita personal (Indiana, Florida, New York) and one to retrieve and store Treasury’s TTR income. The addition of the fiscal emergency management association data (including all State data in a single capacity factor will provide State- (NEMA) pointed out that incorporating retrieval). The average of this range, 12.5 specific information that will assist new data points into the IA declaration minutes, is used in this analysis. FEMA FEMA in determining whether the State request will increase staff time. estimated it would take the equivalent FEMA concurs with these comments is, in fact, overwhelmed and in need of amount of time for the BEA’s GDP by and adjusted its cost estimates supplemental Federal assistance. State data, and uses 12.5 minutes for associated with States downloading the FEMA will continue to use multiple that retrieval and storage. FEMA new Fiscal Capacity factor data and factors and relevant data to formulate its estimated it would take 15 to 30 incorporating the data into existing files recommendations to the President on minutes to retrieve BEA’s per capita and processes. FEMA did not include an major disaster declarations that personal income data and used the 36 additional burden for reviewing the data authorize IA. No single data point or average of 22.5 minutes for that retrieval because review and analysis of this data factor will singularly affect FEMA’s and storage. FEMA summed these three occurs when the declaration request is recommendation or the President’s time burdens to calculate a total burden being formulated by the State. The costs ultimate determination of whether to of 47.5 minutes (12.5 + 12.5 + 22.5 = of reviewing any data included in the issue a major disaster declaration 47.5). The total burden of 47.5 minutes request is already embedded in the authorizing IA. was divided by 60 minutes, for an process. As shown by FEMA’s baseline estimated increased burden of 5. Impacts to Costs, Benefits, and analysis, many of the factors and sub- approximately 0.8 hours ((12.5 + 12.5 + Transfer Payments factors listed in the rule have previously 22.5) ÷ 60 = 0.7917). In the following section, FEMA will been submitted or requested subsequent discuss the rule’s quantified costs, to a State request for a major disaster FEMA’s ‘‘dry run’’ example analysis qualitative benefits, and why there are declaration that includes IA, and took approximately 3.2 hours and no expected effects to transfer codifying them will not increase costs. included formatting the tables into a payments. FEMA does not expect or require States useable format for analysis (1.6 hours) to include every factor in every disaster and creating tables and graphs (1.6 a. State Costs declaration request. FEMA anticipates hours). FEMA estimates it will take a FEMA received multiple comments that States will continue to provide a similar amount of time for States to questioning whether the full costs to comparable level of information in their update their current templates to States had been captured in the NPRM. request letters, based upon their incorporate the new fiscal capacity data. In general, commenters questioned respective circumstances and disaster Based on this experience, FEMA whether the additional burden resulting effects. However, fiscal capacity in the estimates that downloading the data and from the new Fiscal Capacity Factor was form of TTR (States), GDP by State adjusting files and templates will take accurate; pointed out that the cost of (Territories), or Per Capita Personal each State approximately 4.0 hours in State personnel attending training was Income (PCPI) (small areas) typically year 1 (0.8 hours + 1.6 hours + 1.6 hours omitted; and voiced concern that the has not been provided by States or = 4.0 hours). The total time for all 56 considered by FEMA and it will impose 36 An in-depth discussion of the factors and a new cost. Data related to fiscal 38 FEMA will provide links to the relevant data relevant data considered is presented herein. See on its website, www.FEMA.gov. In addition, to ‘‘III. Discussion of Public Comments on Proposed capacity is available from publicly maintain records and support FEMA’s work, the Rule.’’ With the exception of TTR, the proposed accessible databases and websites. For data likely will be stored by FEMA’s IA Program. factors have been taken into consideration by FEMA this reason, States can access and FEMA assumes that States will use the links to the in the past when making past recommendations for download the data without incurring data sources provided by FEMA. major disaster declarations including IA. The 39 The times listed for data retrieval represent the factors were covered, but not specified, previously any costs for the data itself. time it took FEMA to pull the information directly under the ‘‘other relevant information’’ prong of 44 from the Treasury and BEA sources. FEMA will CFR 206.48. FEMA continues to emphasize that no 37 Baseline data estimates were presented provide links to the data sources on its website, single factor would be used to determine if a qualitatively in the NPRM, but have been included www.FEMA.gov to facilitate access to the data recommendation is warranted. quantitatively in the Final Rule. sources for States.

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States 40 is 224 hours (4.0 hours × 56 Given that the intent of the rule is to FEMA assumes a State Government States = 224 hours). provide clarity, FEMA will offer training Chief Executive, a senior level FEMA anticipates a State Government for all States on the changes included in government official, or equivalent, First-Line Supervisor of Office and the rule. FEMA included the costs familiar with State emergency assistance Administrative Support Workers (1st associated with States attending training programs, will read the existing and Line Supervisor), or equivalent, will on the rule in year 1. Outreach webinars new regulations to understand the download the data and adjust the were offered by FEMA following the changes. The fully-loaded wage rate for templates and files. The fully-loaded publication of the NPRM. To estimate a State Government Chief Executive is wage rate for the 1st Line Supervisor is the cost of the training to States and $79.22 47 per hour.48 The hourly rate of $39.89 41 per hour.42 To estimate the capture the costs associated with the $79.22 is multiplied by 0.5 hour and 56 total costs for States, FEMA multiplied outreach webinars, FEMA used the States to calculate a State cost in year 1 the fully-loaded hourly rate for a 1st participation data from the NPRM of $2,218 to familiarize themselves with Line Supervisor by the total hours for all outreach webinars. They were presented the new rule ($79.22 × 0.5 × 56 = States resulting in total costs to via webinar, lasted one hour, and $2,218.16). FEMA also assumes that download the data and update generally were attended by two 44 each State will review the supplemental templates and files in year 1 of $8,935 individuals per State, no matter the size guidance materials at least once in year ($39.89 per hour × 224 hours = of the State or if the State was prone to 1 and once each subsequent year. The $8,935.36). In subsequent years, only experience disasters. estimated cost for each subsequent year downloading and data entry into files FEMA calculated the cost of the uses the same method as above, but and templates is expected. As stated training to the States by adding the reduces the time needed from 0.5 hours previously, FEMA estimates this will fully-loaded hourly wage rate for both to 0.25 hours, for the Chief Executive to take 0.8 hours. Using the same State staff and multiplying by the refresh his or her understanding. The methodology, FEMA multiplied 0.8 number of States. The estimated total resulting cost for each subsequent year × × hours by 56 States and then multiplied cost of States attending the training is is estimated at $1,109. ($79.22 0.25 45 by the fully-loaded hourly rate of $39.89 $13,340. 56 = $1,109.08) for a total of $1,787 per year beginning Familiarization Costs. Three Potential Delay in Submitting the in year 2 (0.8 hour × 56 States × $39.89 comments were received that noted Declaration Request. Seven commenters per hour = $1,787.07). States, local emergency management were concerned that this final rule Training Costs. FEMA received two divisions, or impacted jurisdictions requires so much additional information comments that noted there would be would have to become familiar with the and will result in increased workload time and expense involved for States in final rule. In response, FEMA added while a disaster is unfolding that future training employees. FEMA has added a familiarization costs for States, but not major disaster requests would be for local emergency management cost for States to attend FEMA-provided delayed. FEMA contends that this final divisions or jurisdictions. FEMA chose training on the final rule.43 Training rule will not delay the major disaster not to include new costs for locals attendance is voluntary, but FEMA has request process, based on its review of because the final rule applies to States, estimated costs based on the assumption the 85 major disaster declaration which is the level from which a major that all States will attend training. disaster declaration request is made. sizes, and a range in years of service in State Further, FEMA assumes States regularly government and FEMA. These employees were 40 There are 56 States, as defined by 44 CFR 44 update their emergency response asked to read the proposed and existing regulations CFR 206.2(a)(22). Throughout this analysis, and answer questions to test their understanding of ‘‘States’’ includes the 50 U.S. States, District of networks and local emergency the changes. The employees also were provided a Columbia, and the 5 territories listed (Puerto Rico, management divisions on changes in the copy of excerpts of this regulatory preamble if they the Virgin Islands, Guam, American Samoa, and the field. FEMA believes that States will needed further information to answer the test. Commonwealth of the Northern Mariana Islands). continue to disseminate the new Approximately 40 percent of the employees referred 41 Bureau of Labor Statistics, Employer Costs for back to the preamble to answer the questions. It Employee Compensation, Table 1. Employer Costs information through each State’s took an average of 17 minutes to read the existing Per Hour Worked for Employee Compensation and respective process. and proposed regulatory text and 11 minutes to Costs as a Percent of Total Compensation: Civilian To estimate the time for States to answer the questions, including referring back to Workers, by Major Occupational and Industry understand changes made to the the preamble. FEMA rounded 28 minutes (11 Group, June 2016.’’ Calculated by dividing total regulations, FEMA included time for minutes +17 minutes) to 30 minutes and used 0.5 compensation for all workers of $34.05 by wages hours to calculate the costs. and salaries for all workers of $23.35 per hour State employees to familiarize 47 Bureau of Labor Statistics, Employer Costs for (yields a benefits multiplier of approximately 1.46 themselves with the regulations. FEMA Employee Compensation, Table 1. Employer Costs × wages). https://www.bls.gov/web/ecec/ estimates States will spend 0.5 hours to Per Hour Worked for Employee Compensation and ececqrtn.pdf. Accessed and downloaded, October familiarize themselves and understand Costs as a Percent of Total Compensation: Civilian 12, 2016. 46 Workers, by Major Occupational and Industry 42 Base hourly wage rate of $27.32 multiplied by the new factor data requirements. Group, June 2016.’’ Calculated by dividing total a 1.46 benefits factor. ($27.32 × 1.46 = $39.89). U.S. compensation for all workers of $34.05 by wages Department of Labor, Bureau of Labor Statistics, 44 FEMA anticipates that one of the positions and salaries for all workers of $23.35 per hour Occupational Employment Statistics, May 2016, All would be a State Government Chief Executive, or (yields a benefits multiplier of approximately 1.46 Data (XLS), National Industry-Specific equivalent, and the other would be a State × wages). https://www.bls.gov/web/ecec/ Occupational Employment and Wage Estimates, Government 1st Line Supervisor, or equivalent. ececqrtn.pdf. Accessed and downloaded, October NAICS code 999200, State Government excluding 45 The calculation uses a base of 56 States, which 12, 2016. schools and hospitals, and Standard Occupational includes the 50 U.S. States, the District of 48 Base hourly wage rate of $54.26 multiplied by Classification (SOC) code 43–1011 for First-Line Columbia, and 5 territories. The result is multiplied a 1.46 benefits factor. ($54.26 × 1.46 = $79.22) Supervisors of Office and Administrative Support by 2, once for outreach webinars that have already U.S. Department of Labor, Bureau of Labor Workers. https://www.bls.gov/oes/tables.htm. been completed and once for the final rule training. Statistics, Occupational Employment Statistics, Accessed and downloaded, October 12, 2016. {[2 webinars x ($79.22 + $38.89) × 1 hour × 56 May 2016, All Data (XLS), National Industry- 43 FEMA provided two outreach webinars for the States = $6,670.16]}=$13,340.32 Specific Occupational Employment and Wage NPRM and plans to have four training webinars for 46 To estimate the time for States to familiarize Estimates, NAICS code 999200, State Government the final rule. The total training costs included themselves and understand the new factor data excluding schools and hospitals, and Standard herein represent the aggregate training costs for the requirements, FEMA surveyed its own employees Occupational Classification (SOC) code 11–1011 for NPRM and the final rule. States’ costs are for who formerly worked for State governments. Chief Executives. https://www.bls.gov/oes/ attending the FEMA-provided training; FEMA costs Thirteen employees were identified who worked for tables.htm. Accessed and downloaded, October 12, are for developing and presenting the training. various States, representing multiple regions, State 2016.

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requests for IA that States submitted disability. The detailed findings are address every data point in 44 CFR between January 1, 2012 and December presented in Table 5, and in the 206.48 to be granted the request. For 31, 2016. All were examined, whether marginal analysis table posted in the example, for certain catastrophic events, the declaration was granted or denied. docket at www.regulations.gov. preliminary damage assessments are not FEMA found that the four new Fiscal The 23 sub-factors being codified necessary to determine the requirement Capacity sub-factors had not been were previously captured under the for Federal assistance. In these provided previously by States. FEMA ‘‘other relevant information’’ prong of instances, States may submit an found that out of the remaining 23 sub- 44 CFR 206.48. FEMA does not expect abbreviated request pursuant to 44 CFR factors, 19 were provided in at least 80 or require States to include every factor 206.36(d). These requests need only percent of the requests and only 4 were in every disaster declaration request. contain limited information as specified provided in less than 20 percent of the FEMA expects that States will continue by that provision. request letters. All four are sub-factors to provide a comparable level of Large scale disasters may not need as of the Disaster Impacted Population information in their request letters much detail or data to support a major Profile factor. Specifically, the four sub- based on their respective circumstances disaster declaration request. However, factors are the percentage of population and disaster effects; thus, FEMA does already receiving government assistance not include a cost for codifying this under other circumstances, such as such as Supplemental Security Income information and does not expect any when the disaster affects a smaller and Supplemental Nutrition Program delays to the major disaster declaration geographic area, it may be more difficult benefits appeared in only 5 percent of request process. to determine if a need for Federal the requests (4 occurrences in 85 total FEMA notes that if a State is unable disaster assistance exists without the requests); the percentage of the to provide information for a particular State providing sufficient information. population who speak a language other factor, or factors, FEMA will evaluate This rule identifies the factors that than English and speak English less and provide a recommendation on the FEMA will consider in its review of a than ‘‘very well’ in only 7 percent of the State’s need for Federal assistance based major disaster declaration request that requests (6 occurrences in 85 total on the information submitted and data includes IA, and allows States to requests); the percentage of population available from other sources, as supplement their submissions with 18 years old and younger in only 18 appropriate. The only required elements additional information. It is important percent (15 occurrences in 85 total of a State’s major disaster declaration to note that ultimately, the amount and requests); and any unique request appear at 44 CFR 206.36. type of data provided by the State is considerations regarding American FEMA’s intent, through this rule, is to voluntary. In addition, FEMA confirmed Indian and Alaskan Native Tribal clearly identify the considered data that the Fiscal Capacity factor and its populations that may not be reflected in points that previously have been sub-factors are updated at least annually the U.S. Census Bureau data in only 18 captured under the ‘‘other relevant and are publicly available on Treasury’s percent of the requests (15 occurrences information’’ prong of 44 CFR 206.48. In and BEA’s websites at no cost to 49 50 in 85 requests). FEMA found that these some instances, certain pieces of States. Given that these data are specific sub-factors were included by information identified in the rule may updated at least annually, States are States when they believed the disaster not be applicable, may be unavailable, encouraged to download the data when adversely affected and heighted the or the circumstances of the disaster may they are updated. vulnerability of these particular not allow a State to collect some FEMA estimates total State costs in segments of the population. This is information identified within the rule. the first year to be $24,494 and costs in consistent with to FEMA’s long- In these instances, pursuant to 44 CFR subsequent years to be $2,896. The standing consideration of how any given 206.36, States must provide some following table presents the ten-year disaster affects the population that is 65 information that supports their request costs for States (undiscounted, years and greater, as well as the for a major disaster declaration discounted at 7 percent and discounted percentage of the population with a authorizing IA, but will not have to at 3 percent).

TABLE 3—TOTAL COSTS TO THE STATES

Downloading Cost to Year and updating familiarize Training Total files with rule

1 ...... $8,935 $2,218 $13,340 $24,494 2 ...... 1,787 1,109 0 2,896 3 ...... 1,787 1,109 0 2,896 4 ...... 1,787 1,109 0 2,896 5 ...... 1,787 1,109 0 2,896 6 ...... 1,787 1,109 0 2,896 7 ...... 1,787 1,109 0 2,896 8 ...... 1,787 1,109 0 2,896 9 ...... 1,787 1,109 0 2,896

49 Treasury’s website provides current and past 50 BEA’s website provides current and past GDP November, following the calendar year the data TTR information for all States. Data has been by State and Local Area Personal Income. Annual represents. For example, the final data Local Are provided annually in mid- to late September since GDP by State data are updated quarterly with the Personal Income in 2015 was published in 1999. The only exception was in 2010, when the final published in May, following the calendar year November 2016. BEA first published personal data was provided on September 30, 2010, and the data represents. For example, the final GDP by income for States, counties, and metropolitan areas again on December 13, 2010, which was a research State in 2015 was published in May 2016. This data in 1975. See BEA, Local Area Personal Income series. See Treasury, Resource Center, Total Taxable has been published annually since May 1988. For Methodology at I–2 (Nov. 2016), available at https:// Resources, https://home.treasury.gov/policy-issues/ Local Area Personal income, BEA updates the data www.bea.gov/sites/default/files/methodologies/ economic-policy/total-taxable-resources. quarterly a final for each year provided in 0417_GDP_by_State_Methodology.pdf.

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TABLE 3—TOTAL COSTS TO THE STATES—Continued

Downloading Cost to Year and updating familiarize Training Total files with rule

10 ...... 1,787 1,109 0 2,896

Total ...... 25,019 12,199 13,340 50,558 Discounted at 7% ...... 19,232 8,826 12,468 40,525 Annualized at 7%...... 2,738 1,257 1,775 5,770 Discounted at 3% ...... 22,184 10,537 12,952 45,673 Annualized at 3%...... 2,601 1,235 1,518 5,354

b. Federal Costs 47.5 minutes (12.5 + 12.5 + 22.5 = 47.5). The NPRM outreach materials will be FEMA anticipates the Federal The total burden of 47.5 minutes was modified to reflect the content of the government will incur small additional divided by 60 minutes, for an estimated final rule. FEMA anticipates this increased burden of 0.8 hours ([12.5 + activity will be accomplished by a costs resulting from the final rule. As ÷ noted above, FEMA already considers 12.5 + 22.5] 60 = 0.7917). Federal employee in the DC area at the FEMA expects the data retrieval will most of these factors under the ‘‘other General Schedule 15, step 5 level, take place once annually. The retrieval 53 relevant information’’ prong of the earning an hourly wage rate of $68.56. will be completed by a Federal regulation when reviewing major These positions have a fully-loaded employee in the DC area at the General 54 disaster declaration requests. FEMA wage rate of $100.10. FEMA estimates Schedule 12, step 1 level, earning an already had begun changing the way it it will spend a total of 5 hours preparing hourly wage rate of $36.60.51 These collects information internally for major training materials, including the time positions have a fully-loaded wage rate disaster declaration recommendations, spent developing the original training of $53.44.52 FEMA multiplied the time which did not require regulatory action. materials and updating the existing per year, 0.8 hours, by the fully-loaded Therefore, these increased costs already materials,55 which results in a one-time wage rate of $53.44, to get an annual cost of $500 ($100.10 × 5 hours = had been internalized without this Federal cost increase of $43 (0.8 × regulation. For this reason, the only $500.50).56 In addition, the training $53.44 = $42.75). materials are reviewed by two Federal expected increased costs are due to the FEMA also included costs in year 1 employees in the DC area at the General new Fiscal Capacity factor. FEMA associated with providing training on Schedule 13, step 5, earning an hourly believes this additional activity will be the rule. FEMA received a public wage rate of $49.32. FEMA multiplied accomplished with existing personnel; comment requesting FEMA to provide this wage rate by 1.46 to account for thus, the costs are considered the adequate training on the rule once opportunity cost of the activities that finalized. As a result of this comment, benefits, resulting in a fully-loaded would have otherwise been performed. and because the intent of the rule is to wage rate of $72.01. FEMA estimates No increase in Federal expenditures is provide clarity, FEMA provided spending approximately 0.5 hours for expected to result from this final rule. outreach seminar to States after the each employee to review each set of 57 In the past, FEMA would review pre- NPRM and will offer training for all training materials. The resulting disaster data about a disaster location. States on the changes included in the 53 This pre-disaster data provided FEMA final rule. Thus, FEMA has added the The General Schedule (GS) 15 (Step 5) hourly with information that helped to wage of $37.13 is taken from the Office of Personnel cost for these events to the analysis of Management; 2015 General Schedule (GS) salaries illustrate the population and geographic this final rule. To estimate the costs of & wages tables; locality pay tables (Washington- area that was affected by a disaster. The the rule and capture the cost of Baltimore- Northern Virginia, DC–MD–VA–WV– pre-disaster data came from Federal developing both the NPRM outreach PA). Retrieved April 4, 2016 from https:// sources, such as the United States www.opm.gov/policy-data-oversight/pay-leave/ and the final rule training to States, salaries-wages/salary-tables/pdf/2015/salhrl.pdf. Census Bureau and Bureau of Economic FEMA used the time data from 54 Base hourly wage rate of $68.56 multiplied by Analysis (BEA). Independent of the developing and presenting the NPRM a 1.46 benefits factor. ($68.56 × 1.46 = $100.10) regulation, FEMA began to streamline training. Bureau of Labor Statistics, Employer Costs for how pre-disaster data is collected and Employee Compensation, Table 1. Employer Costs Per Hour Worked for Employee Compensation and disseminated, as well as collect and 51 The General Schedule (GS) 12 (Step 1) hourly Costs as a Percent of Total Compensation: Civilian transmit information for the PDA wage of $37.13 is taken from the Office of Personnel Workers, by Major Occupational and Industry process more quickly. Management; 2015 General Schedule (GS) salaries Group, June 2016.’’ Calculated by dividing total & wages tables; locality pay tables (Washington- compensation for all workers of $34.05 by wages One of the areas where FEMA will Baltimore- Northern Virginia, DC–MD–VA–WV– and salaries for all workers of $23.35 per hour incur costs is for the retrieval of fiscal PA). Retrieved April 4, 2016, from https:// (yields a benefits multiplier of approximately 1.46 www.opm.gov/policy-data-oversight/pay-leave/ capacity data from the United States × wages). https://www.bls.gov/oes/tables.htm. Department of the Treasury (Treasury) salaries-wages/salary-tables/pdf/2015/salhrl.pdf. 52 Accessed and downloaded, October 12, 2016. Base hourly wage rate of $36.60 multiplied by 55 and BEA. FEMA used the same a 1.46 benefits factor. ($36.60 × 1.46 = $53.44) FEMA took 3 hours to develop the NPRM outreach webinar and expects to take 2 hours to information on estimated additional Bureau of Labor Statistics, Employer Costs for update that same material for training on the final Employee Compensation, Table 1. Employer Costs activity time that was presented rule. Per Hour Worked for Employee Compensation and previously: Time to retrieve, store, and 56 Costs as a Percent of Total Compensation: Civilian Although commonly held rounding methods update the data from Treasury (12.5 Workers, by Major Occupational and Industry hold that $500.50 is rounded up to $501, FEMA did minutes); BEA’s GDP by State (12.5 Group, June 2016.’’ Calculated by dividing total not round up at this step. The calculation method minutes); and BEA’s per capita personal compensation for all workers of $34.05 by wages used in this analysis rounds up to the nearest dollar at the final calculation. income by local area (22.5 minutes). and salaries for all workers of $23.35 per hour (yields a benefits multiplier of approximately 1.46 57 The FEMA employees who review the FEMA summed these three time × wages). https://www.bls.gov/oes/tables.htm. materials will do so two times—once for the NPRM burdens to calculate a total burden of Accessed and downloaded, October 12, 2016. Continued

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review time is estimated at $144 ($72.01 down the webinar plus an additional 1 FEMA estimates the Federal × 2 staff × 0.5 hours × 2 reviews = hour to monitor. FEMA estimates the Government’s total costs in the first year $144.02). one-time cost to set up and monitor the to be $3,546, which includes $43 to FEMA presented one-hour outreach webinars is $962 ($53.44 × 1.5 hours × retrieve fiscal capacity data; $500 to sessions two times for the NPRM via 2 staff × 6 webinars 58 = $961.92). develop and update the training; $144 to webinar and anticipates the same format review the updates; $962 to set-up and The training is presented by four for the final rule training, but will monitor the webinars; and $1,897 to FEMA staff located in the DC area, one increase the number of times the present the training ($42.75 + $500.50 + training will be offered to four for the GS 15, step 5 level and three GS 13, step $144.02 + $961.92 + $1,896.78 = final rule. The set-up and technical 5 level with fully-loaded hours wage $3,545.97). Costs in subsequent years monitoring of the webinars is expected rates of $100.10 and $72.01, are estimated to be $43 for retrieving the to be accomplished by two General respectively. To present six, one-hour fiscal capacity data. The following table Schedule 12, step 1 level, with a fully- webinars, the estimated total costs for presents the total ten-year costs for both × loaded wage rate of $53.44. Based on its presenters is $1,897 [($100.10 1 GS– FEMA and States (undiscounted, previous experience, FEMA estimates it 15 staff × 6 hours) + ($72.01 × 3 GS–13 discounted at 7 percent and discounted will take 0.5 hours to set up and take staff × 6 hours) = $1,896.78]. at 3 percent).

TABLE 4—TOTAL COSTS OF THE RULE

States FEMA Year Downloading Total data and Familiarize Training Downloading Training updating files with rule data

1 ...... $8,935 $2,218 $13,340 $43 $3,503 $28,040 2 ...... 1,787 1,109 0 43 0 2,939 3 ...... 1,787 1,109 0 43 0 2,939 4 ...... 1,787 1,109 0 43 0 2,939 5 ...... 1,787 1,109 0 43 0 2,939 6 ...... 1,787 1,109 0 43 0 2,939 7 ...... 1,787 1,109 0 43 0 2,939 8 ...... 1,787 1,109 0 43 0 2,939 9 ...... 1,787 1,109 0 43 0 2,939 10 ...... 1,787 1,109 0 43 0 2,939

Total ...... 25,019 12,199 13,340 430 3,503 54,494 Discounted at 7% ...... 19,232 8,826 12,468 302 3,274 44,102 Annualized at 7% ...... 2,738 1,257 1,775 43 466 6,279 Discounted at 3% ...... 22,184 10,537 12,952 367 3,401 49,441 Annualized at 3% ...... 2,601 1,235 1,518 43 399 5,796

c. Benefits CFR 206.48. FEMA used this disaster declaration request. Currently, information, when appropriate, in FEMA does not track the number of Benefits of the final rule include evaluating requests for a major disaster times FEMA has had to reach back to clarifying FEMA’s existing practices and declaration that authorized IA. In some the State for additional information and reducing processing time for requests, instances, FEMA has had to reach back the reduction cannot be quantified at while maintaining the States’ ability to to the State to obtain additional present. However, FEMA subject matter assess and determine what information information 59 on major disaster experts believe that greater clarity will best supports a major declaration declaration requests which would better promote understanding, resulting in less request. This rule does not preclude that support FEMA’s recommendation on a back-and-forth.60 flexibility for States. Rather, the rule major disaster declaration authorizing FEMA believes inclusion of the new provides clarity by specifically IA. By clearly identifying information Fiscal Capacity factor will further identifying factors considered in the IA considered in the rule, FEMA inform and strengthen FEMA’s declarations process, including many anticipates that delays in the declaration recommendations to the President with factors that FEMA previously process will be reduced. The changes in regard to major disaster declarations considered under the ‘‘other relevant the final rule will improve clarity that authorize IA. TTR is sufficiently information’’ prong of the regulation but regarding relevant information that can reliable to serve as the principal are not currently specified in 44 CFR be used to substantiate a declaration indicator for each State from which the 206.48(b). request. States are encouraged to discussion about fiscal capacity can As noted above, most of the include the additional information in begin. TTR provides a general picture of information included in the factors was the original request because it may how a State’s economy is changing over previously captured under the ‘‘other reduce follow-up correspondence and time. FEMA recognizes there is a two- relevant information’’ prong of the 44 speed up the determination of a major year lag in TTR data and encourages

outreach materials and once for the final rule 59 Historically, FEMA has attempted to increase 60 In making past determinations, FEMA has not materials. clarity by providing States with major disaster tracked the length of time or the number of written 58 The total number of webinars reflects two declaration request template letters, which or oral correspondence with the State to retrieve conducted to support the NPRM and four for the provided a suggested organizational structure for additional data. Therefore FEMA cannot quantify States to follow when making their request for a the potential savings from the clarifications final rule. major disaster declaration. provided in the regulation.

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each State to provide additional a new factor, it will not have an impact The additional burden results from information about its fiscal capacity, on the overall number of major disaster States having to provide the Fiscal especially if there have been noteworthy declarations granted each year that Capacity factor in their requests, to changes during the two-year period. In authorize IA because FEMA previously attend training, and to become familiar addition, the new information used similar economic data and takes with the regulatory change. For FEMA, considered provides more context about multiple factors into account when the additional costs result from a State’s capacity to respond than making its recommendation. FEMA retrieving data for its consideration of information FEMA previously finds including the fiscal capacity factor major disaster declaration requests and considered. For example, although (State TTR for States; GDP by State for providing training on the rule to States. FEMA previously considered median Territories, and per capita personal The net quantified impact is a ten-year household income for States, this income for areas smaller than States and total cost of $44,102 discounted at 7 measure does not necessarily reflect the Territories) to be additional objective State’s capacity to respond, because it is information because it captures income percent and $49,441 discounted at 3 based on the individuals’ earnings. flows that a State can potentially tax. percent. These are considered Certainly, individual household The ultimate determination regarding opportunity costs and are not expected incomes within a State can affect the whether or not to grant a State’s request to increase staffing needs or have an State’s capacity to respond, but TTR for a major disaster declaration resides effect on Federal or State expenditures. provides a more direct measurement. with the President of the United States. FEMA anticipates no impact to average The new information also may be more FEMA neither anticipates nor intends annual transfer payments due to objective compared to other ways of for this rule to affect the number of codifying the existing factors or assessing a State’s capacity to respond major disaster declarations authorizing including the new factor. Based on the for the same reasons. IA that are granted each year. Rather, above analysis, FEMA estimates the rule FEMA believes this rule clarifies d. Transfer Payments will impose a total additional annual FEMA’s regulations consistent with the burden to States and FEMA of $28,040 FEMA intends the rule to specify and statutory mandate in a cost-effective in year 1 and $2,939 in each subsequent codify factors it will use when making manner. The majority of the factors year. recommendations to the President. included in the rule have previously FEMA already considers the majority of been considered by FEMA when it made 7. Marginal Analysis of the Factors these factors described in the rule and its recommendation to the President on has done so during previous past declaration requests for IA. Based The following table provides a deliberations on whether to recommend on these reasons, FEMA anticipates this breakdown of each IA declaration factor a major disaster declaration authorizing rule will not have an effect on transfer included in the final rule, its baseline, IA to the President. The only payments, which are payments from the and the marginal effect of the rule. information FEMA has not specifically Federal government to States and Activity costs per year 61 and associated considered in the past are the new individuals. benefits also are included. The rule measures of fiscal capacity. would not change the total amount of 6. Total Impact of the Final Rule Based on FEMA’s retrospective Federal assistance available to analysis on the effect of using ICC ratios FEMA estimates the impact of all the individuals and households. in past declaration decisions, FEMA factors together will result in a small concludes that even though State TTR is burden increase for States and FEMA. TABLE 5—IA DECLARATIONS FACTOR BASELINE AND MARGINAL ANALYSIS

Baseline: factors previously included in Marginal analysis Factor States’ Dec. requests activity cost per year Benefits Number of times Percent FEMA States

Fiscal Capacity: Total Taxable Re- New ...... n/a Training: $911—In year 1, Training: $3,464—In year 1, Informs States that FEMA sources (TTR) of the FEMA will spend approxi- States will spend a total may assess State’s tax- State, 44 CFR mately 12.7 hours to de- of approximately 58 able resources based on § 206.48(b)(1)(i)(A). velop, review, and con- hours participating in the TTR and will use TTR as duct training on the new IA declaration factor train- the basis for calculating factor and 0 hours and ing, and 0 hours and $0 the ICC ratio to depict $0 in subsequent years. in subsequent years. State economic growth or decline and relative fiscal capacity with comparably- sized States or the Na- tion. Download Data: $11—In Download Data and Update year 1, FEMA will spend Files: $2,323—In year 1, 10–15 minutes retrieving States will spend a total and storing Treasury data of approximately 58 (including all State data hours retrieving and stor- in one retrieval). ing Treasury data and updating templates to ac- commodate the new data.

61 FEMA based the proportional distribution of data from Treasury (12.5 minutes or 26 percent of training is $3,503. In Table 5 FEMA apportions 26 the fiscal capacity factor costs in Table 6 on the the total); BEA’s GDP by State (12.5 minutes or 26 percent of the total ($911) to TTR, 26 percent of the estimated time it takes to retrieve, store, and update percent of the total); and BEA’s per capita personal total ($911) to GDP by State, and 48 percent of the the data, as shown in section ‘‘5.a. State Costs.’’ income by local area (22.5 minutes or 48 percent total ($1,682) to per capita personal income by local FEMA estimated a total burden of 47.5 minutes (0.8 of the total). For example, FEMA estimates the total area. hours). Specifically, costs are apportioned to TTR cost to FEMA for providing the IA declaration factor

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TABLE 5—IA DECLARATIONS FACTOR BASELINE AND MARGINAL ANALYSIS—Continued

Baseline: factors previously included in Marginal analysis Factor States’ Dec. requests activity cost per year Benefits Number of times Percent FEMA States

$11—In subsequent years, $464—In subsequent years, FEMA will spend 10–15 States will spend a total minutes retrieving and of approximately 12 storing Treasury data (in- hours retrieving and stor- cluding all State data in ing Treasury data for one retrieval). their respective state. No new costs are included No new costs are included for reviewing the data. for reviewing the data. FEMA review of this data FEMA assumes that is offset by no longer State review of this data having to review median is offset by no longer household income. having to review median household income. Familiarization: $577—In year 1, States will spend a total of approximately 7.3 hours reading the new rule as it relates to Treasury data. $288—In subsequent years, States will spend a total of approximately 3.6 hours re-reading the rule. Gross Domestic Product New ...... n/a Training: $911—In year 1, Training: $3,468—In year 1, Informs States that FEMA (GDP) by State 44 FEMA will spend approxi- States will spend a total may assess State fiscal CFR mately 12.7 hours to de- of approximately 58 capacity with this data § 206.48(b)(1)(i)(B). velop, review, and con- hours participating in the point when TTR data is duct training on the new fiscal capacity factor not available or if the factor and 0 hours and training, and 0 hours and TTR data don’t reflect $0 in subsequent years. $0 in subsequent years. current fiscal capacity due to the two-year lag in the data. Download Data: $11— Download Data and Update FEMA will spend 10–15 Files: $2,323—In year 1, minutes a year for retriev- States will spend a total ing and storing BEA GDP of approximately 58 data (including all State hours retrieving and stor- and Territory data in one ing BEA GDP data and retrieval). updating templates to ac- commodate the new data. $11—In subsequent years, $464—In subsequent years, FEMA will spend 10–15 States will spend a total minutes retrieving and of approximately 12 storing BEA GDP data hours a year for retrieving (including all State and and storing BEA GDP Territory data in one re- data for their respective trieval). state. No new costs are included No new costs are included for reviewing the data. for reviewing the data. FEMA review of this data FEMA assumes that is offset by no longer State review of this data having to review median is offset by no longer household income. having to review median household income. Familiarization: $577—In year 1, States will spend a total of approximately 7.3 hours reading the new rule as it relates to BEA GDP data. $288—In subsequent years, States will spend a total of approximately 3.6 hours re-reading the rule. Per Capita Personal In- New ...... n/a Training: $1,682—In year 1, Training: $6,403—In year 1, Provides FEMA the flexi- come by Local Area, FEMA will spend approxi- States will spend a total bility to use information 44 CFR mately 24 hours to de- of approximately 108 on the local fiscal capac- § 206.48(b)(1)(i)(C). velop, review, and con- hours participating in the ity characteristics to duct training on the new fiscal capacity factor judge IA needs in dis- factor and 0 hours and training and 0 hours and aster affected areas. $0 in subsequent years. $0 in subsequent years.

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TABLE 5—IA DECLARATIONS FACTOR BASELINE AND MARGINAL ANALYSIS—Continued

Baseline: factors previously included in Marginal analysis Factor States’ Dec. requests activity cost per year Benefits Number of times Percent FEMA States

Download Data: $21—In Download Data and Update year 1, and subsequent Files: $4,289—In year 1, years, FEMA will spend States will spend a total approximately 15–30 min- of approximately 108 utes to retrieving and hours retrieving and stor- storing BEA Per Capita ing BEA Per Capita Per- Personal Income data (in- sonal Income data and cluding data on all local updating templates to ac- areas in one retrieval). commodate the new data. No new costs are included $858—In subsequent years, for reviewing the data. States will spend a total FEMA review of this data of approximately 21.5 is offset by no longer hours a year for retrieving having to review median and storing BEA Per household income. Capita Personal Income data for their respective state. No new costs are included for reviewing the data. FEMA assumes that the review of this data is off- set by no longer having to review median house- hold income. Familiarization: $1,065—In year 1, States will spend a total of approximately 13.4 hours reading the new rule as it relates to BEA PCPI data. $532—In subsequent years, States will spend a total of approximately 6.7 hours re-reading the rule. Other Factors, 44 CFR New ...... n/a FEMA’s time will vary and State time will vary and Provides flexibility to use § 206.48(b)(1)(i)(D). data will be used on a data will be used on a any other data or infor- case-by-case basis as case-by-case basis as mation on a State or local needed. Costs not esti- needed. Costs not esti- area’s fiscal capacity to mated. mated. judge disaster needs in affected areas. Resource Availability: State Tribal and Local 76 of 85 total ...... 89 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- Governmental Organi- den due to current com- den due to current com- tice in regulation. zations (NGO) and pliance. pliance. Private Sector Activity, 44 CFR § 206.48(b)(1)(ii)(A). Cumulative Effect of Re- 77 of 85 total ...... 91 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- cent Disasters, 44 den due to current com- den due to current com- tice in regulation. CFR pliance. pliance. § 206.48(b)(1)(ii)(B). Uninsured Home and Per- sonal Property Losses: The cause of damage, 85 of 85 total ...... 100 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- 44 CFR den due to current com- den due to current com- tice in regulation. § 206.48(b)(2)(i). pliance. pliance. The jurisdictions im- 84 of 85 total ...... 99 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- pacted and concentra- den due to current com- den due to current com- tice in regulation. tion of damage, 44 pliance. pliance. CFR § 206.48(b)(2)(ii). The number of homes 76 of 85 total ...... 89 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- impacted and degree den due to current com- den due to current com- tice in regulation. of damage, 44 CFR pliance. pliance. § 206.48(b)(2)(iii). The estimated cost of 73 of 85 total ...... 86 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- assistance, 44 CFR den due to current com- den due to current com- tice in regulation. § 206.48(b)(2)(iv). pliance. pliance. The homeowner-ship 54 of 85 total ...... 64 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- rate of impacted den due to current com- den due to current com- tice in regulation. homes, 44 CFR pliance. pliance. § 206.48(b)(2)(v). The percentage of af- 68 of 85 total ...... 80 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- fected households den due to current com- den due to current com- tice in regulation. with insurance cov- pliance. pliance. erage appropriate to the peril, 44 CFR § 206.48(b)(2)(vi).

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TABLE 5—IA DECLARATIONS FACTOR BASELINE AND MARGINAL ANALYSIS—Continued

Baseline: factors previously included in Marginal analysis Factor States’ Dec. requests activity cost per year Benefits Number of times Percent FEMA States

Other relevant prelimi- States may provide any additional informa- FEMA’s time will vary and State time will vary and Clarification of current prac- nary damage assess- tion they believe is pertinent to the dec- data will be used on a data will be used on a tice in regulation. ment data, 44 CFR laration request case-by-case basis as case-by-case basis as § 206.48(b)(2)(vii). needed. Costs not esti- needed. Costs not esti- mated. mated.

Disaster Impacted Popu- lation Profile: The percentage of the 71 of 85 total ...... 84 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population for whom den due to current com- den due to current com- tice in regulation. poverty status is de- pliance, data collected in pliance, data collected in termined, 44 CFR PDA process. PDA process. § 206.48(b)(3)(i). The percentage of the **4 of 85 total ...... 5 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population already re- den due to current com- den due to current com- tice in regulation. ceiving government pliance, data collected in pliance, data collected in assistance such as PDA process. PDA process. Supplemental Security Income and Supple- mental Nutrition As- sistance Program benefits, 44 CFR § 206.48(b)(3)(ii). The pre-disaster unem- 58 of 85 total ...... 68 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- ployment rate, 44 den due to current com- den due to current com- tice in regulation. CFR § 206.48(b)(3)(iii). pliance, data collected in pliance, data collected in PDA process. PDA process. The percentage of the 69 of 85 total ...... 81 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population that is 65 den due to current com- den due to current com- tice in regulation. years old and older, pliance, data collected in pliance, data collected in 44 CFR PDA process. PDA process. § 206.48(b)(3)(iv). The percentage of the **15 of 85 total ...... 18 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population 18 years den due to current com- den due to current com- tice in regulation. old and younger, 44 pliance, data collected in pliance, data collected in CFR § 206.48(b)(3)(v). PDA process. PDA process. The percentage of the 57 of 85 total ...... 67 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population with a dis- den due to current com- den due to current com- tice in regulation. ability, 44 pliance, data collected in pliance. CFR§ 206.48(b)(3)(vi). PDA process. The percentage of the **6 of 85 total ...... 7 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- population who speak den due to current com- den due to current com- tice in regulation. a language other than pliance, data collected in pliance, data collected in English and speak PDA process. PDA process. English less than ‘‘very well’’, 44 CFR § 206.48(b)(3)(vii). Any unique consider- **15 of 85 total ...... 18 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- ations regarding den due to current com- den due to current com- tice in regulation. American Indian and pliance. pliance. Alaskan Native Tribal populations that may not be reflected in the U.S. Census Bureau data, 44 CFR § 206.48(b)(3)(viii). Impact to Community Infra- structure: Life Saving and Life 71 of 85 total ...... 84 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- Sustaining Services, den due to current com- den due to current com- tice in regulation. 44 CFR pliance. pliance. § 206.48(b)(4)(i). Essential Community 70 of 85 total ...... 82 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- Services, 44 CFR den due to current com- den due to current com- tice in regulation. § 206.48(b)(4)(ii). pliance. pliance. Transportation Infra- 73 of 85 total ...... 86 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- structure and Utilities, den due to current com- den due to current com- tice in regulation. 44 CFR pliance. pliance. § 206.48(b)(4)(iii). Casualties: The number of 59 of 85 total ...... 69 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- missing, injured, or de- den due to current com- den due to current com- tice in regulation. ceased individuals, 44 pliance. pliance. CFR § 206.48(b)(5).

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TABLE 5—IA DECLARATIONS FACTOR BASELINE AND MARGINAL ANALYSIS—Continued

Baseline: factors previously included in Marginal analysis Factor States’ Dec. requests activity cost per year Benefits Number of times Percent FEMA States

Disaster Related Unemploy- **34 of 85 total ...... 40 $0—No change in time bur- $0—No change in time bur- Clarification of current prac- ment: The number of dis- den due to current com- den due to current com- tice in regulation. aster survivors who lost pliance. pliance. work or became unem- ployed due to a disaster and who do not qualify for standard unemployment insurance, 44 CFR § 206.48(b)(6). Summary of All Factors, 44 ...... $3,546 in year 1 and $43 in $24,494 in year 1 and Informs States with the in- CFR § 206.48(b). subsequent annual reoc- $2,896 in subsequent an- formation that FEMA con- curring costs—Increased nual reoccurring costs— siders when deciding time burden due to the Increased time burden whether to recommend new factor, downloading due to the new factor, an IA declaration to the and storing data, and downloading and storing President training (year 1 only). data and updating files, familiarization, and train- ing (year 1 only).

Baseline: 85 total declaration requests ex- amined. Marginal Effect of Final Rule: 4 New and 23 Previously Considered * Activity Cost per Year captures training costs (development and presentation by FEMA; attendance by States) for both the NPRM outreach webinars and the final rule training webinars. FEMA is providing outreach and training webinars in response to a public comment requesting training on the new rule once finalized. Thus, FEMA has added the cost for these webinars to the analysis of this final rule. An Activity Cost per Year that is listed as ‘‘$0’’ represents the incremental cost associ- ated with codifying the factor in the final rule. As stated throughout, these factors were previously considered; thus, there is $0 new cost, i.e. no marginal cost associ- ated with codifying the factor. ** These factors are specific to demographic components that States do not frequently include in their disaster declaration requests. FEMA believes that when these factors are included in a request, it is because the affected State focuses on the vulnerability of that demographic component and its needs. For example, the population under 18 years of age is often included when schools have been damaged and special assistance is requested. Tribal concerns and the population that speaks English less than ‘‘very well’’ often are not included because these populations were not specifically focused on by the State. Post-disaster unemployment is often not included unless a specific industry which is key in the disaster impact area was severely affected. FEMA does not expect States to include every factor in every request, and anticipates States will continue to include these factors only where appropriate for the type and level of disaster.

8. Regulatory Alternatives generally valuable because it can b. Maintain the 44 CFR 206.48(b)(6) FEMA includes the regulatory enhance the picture of disaster needs at Table alternatives to the rule and FEMA’s a local level and may offset or reveal a need for supplemental Federal FEMA evaluated the usefulness of the reasons for not choosing each table at current 44 CFR 206.48(b)(6), alternative in the following discussion. assistance. FEMA also recognizes that which lists the average amount of IA FEMA’s decision on each alternative these organizations have limited based on State size. FEMA ultimately was based on qualitative factors and not resources and considers this point when on a quantitative analysis of these determining the need for an IA determined that the table causes alternatives. When possible, FEMA declaration. confusion with stakeholders, sometimes acknowledges if a given alternative FEMA anticipates there could be resulting in the misimpression that the could have an impact on transfer impacts on transfer payments due to averages function as a threshold for payments or costs. changes in the number of disaster whether a State should request IA. declarations if resources available from FEMA never intended the table to set a a. Voluntary, Faith and Community voluntary, faith, and community based threshold of eligibility for IA. Rather, it Based Organizations Resources organizations were no longer is intended as guidance to States and FEMA considered removing the factor considered. If FEMA were to remove voluntary agencies as they develop under which FEMA would consider the this factor from consideration in major plans and programs to meet the needs availability of resources from voluntary, disaster declaration requests for IA, it of disaster survivors. Furthermore, the faith-based, and community-based could potentially result in either a table has been interpreted by States to organizations during disasters. decrease or an increase in transfer suggest that State population is the main Commenters suggested removing this payments, depending on the situation. factor, or the only factor, in determining factor because the available data about For example, if a State’s voluntary State capability or fiscal capacity. Under these resources may not accurately agencies are overwhelmed, but the State this rule, FEMA will continue to reflect actual resource availability for declines to provide this information to consider various factors when making any given disaster. For instance, the FEMA as part of its declaration request, its recommendation. FEMA did not availability of voluntary, faith-based, then FEMA might be less likely to find quantify the potential impacts of and community-based organizations that Federal assistance is warranted. implementing this alternative, but may be limited by such organizations’ And if a State’s voluntary agencies are assumed there would not be economic financial circumstances, their donors’ providing ample assistance but the State impacts from maintaining the table economic situations, and the declines to provide this information to circumstances of their volunteers. FEMA as part of its declaration request, because other factors are already FEMA recognizes this concern, but FEMA might be more likely than it considered. FEMA has chosen to believes that information on the otherwise would to find that Federal remove the table for clarification activities of these organizations is assistance is warranted. purposes.

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c. Automatically Trigger Contiguous See 44 CFR 206.48(b)(6). As part of the total cost of the disaster against the Counties and States information provided under this factor, capability of a requesting State. Since the per capita indicator was Based on public comments, FEMA the State may provide an estimate of the initially adopted in 1986, it has lost its considered whether to include a number of disaster survivors who lost relation to both of the metrics upon provision that would allow contiguous work or became unemployed due to a which it was first calculated. In 1986, affected counties and States to be disaster and who do not qualify for per capita personal income (PCPI) in the automatically eligible for assistance standard unemployment insurance, as United States was $11,687. By 2015, under a major disaster declaration after well as information regarding major PCPI had risen to $48,112, an increase an event that crosses the borders of a employers affected. The negative impact on the survivors may affect a of over 300 percent. FEMA has applied declared State, county, or parish. FEMA community’s ability to recover. This inflation adjustments since 1999, and recognizes that governmental impact is captured in the Disaster the per capita indicator has risen by just boundaries do not bind disaster events Unemployment Assistance (DUA) 41 percent over that same period. geographically. When considering factor, which provides information on The Public Assistance per capita whether to recommend a declaration in the potential need for unemployment indicator has also fallen short of keeping a particular area, FEMA must consider benefits and re-employment services to pace with State general fund the damages in the area, as well as the individuals who have become expenditures. According to the National capabilities of the jurisdictional unemployed as a result of a major Association of State Budget Officers governments. The Stafford Act requires disaster and who are not eligible for (NASBO), State general fund spending that a Governor’s request for a major regular State unemployment insurance. in 2015 totaled $759.4 billion. disaster declaration be based on a See id.; see also 44 CFR 206.141. Collectively, the States’ per capita finding that the disaster is of such Business losses alone will not result indicators equaled $435.3 million in severity and magnitude to be beyond the in a Presidential major disaster 2015. Consequently, the relation of the capabilities of the State and affected declaration that authorizes IA because per capita indicator to State general local governments to effectively the IA grant programs do not provide fund expenditures is just 57 percent of respond. 42 U.S.C. 5170(a). Thus, FEMA assistance to businesses. Instead, FEMA what it was in 1986. is maintaining the requirement that each considers the effect that business The failure of the per capita indicator State must request a major disaster disruptions have on disaster survivors. to keep pace with changing economic declaration after determining that the For example, if disaster survivors lose conditions and the increasing frequency disaster damages and impacts are work or become unemployed due to and costs of disasters has led to beyond the capabilities of the affected business impacts from a disaster, this criticism of the per capita indicator. area’s State or local government. FEMA information may highlight an increased Those critiques have emphasized that cannot automatically grant a major need for DUA. In addition, the SBA has the per capita indicator is artificially disaster declaration based on a request separate statutory authority and low. Many have called for FEMA to find from the State’s Governor and an area’s programs, which may be available to ways to decrease the frequency of proximity to other declared areas assist businesses regardless of whether disaster declarations and Federal without evidence that the disaster the President has issued a major disaster disaster costs, by increasing the per damage and impacts are beyond the declaration. capita indicator to transfer costs back to affected area’s capabilities. FEMA did not quantify the impacts of State and local jurisdictions. These have FEMA did not quantify the potential the alternative considering business included recommendations from GAO, impacts of implementing this losses separately from business impacts reports of the DHS OIG, and proposed alternative, but acknowledges there to disaster survivors because FEMA legislation. FEMA is currently could be an increase in transfer cannot provide assistance for business evaluating possible alternatives to the payments if FEMA automatically losses. per capita indicator. See, e.g., 82 FR declared affected counties and States e. Linking Individual Assistance Cost 4064 (Jan. 12, 2017). contiguous to a declared State or FEMA chose not to use the PA per Factor With Public Assistance (PA) Cost county. FEMA believes this alternative capita indicator measure and instead Factor would increase transfer payments chose to use the fiscal capacity factor as because specifics about damage Commenters also recommended that the indicator of a State’s fiscal capability information and resource capabilities of FEMA consider aligning the financial to meet the needs of individuals after an nearby counties would not be indicators for IA and PA major disaster event. FEMA considers multiple factors considered and contiguous counties declarations. Commenters asked why a and does not believe a set limit, even could be provided assistance based on financial indicator could not be used for based on estimated damages and geographic proximity rather than IA since FEMA evaluates whether a population, is an appropriate indicator demonstrated need. State is eligible for PA based on a for IA due to the varying needs and financial indicator. Currently, FEMA circumstances of disaster survivors. d. Considering Negative Impact on evaluates the need for a PA major Businesses FEMA did not quantify the impact of disaster declaration using the estimated this alternative, but assumes it could Commenters also recommended that cost of Federal and non-Federal public have an impact on transfer payments FEMA consider including the impact of assistance per capita (i.e., against the given that it could potentially change an incident on businesses in affected statewide population). 44 CFR the number of major disaster areas due to the potential loss of family 206.48(a)(1). That factor also establishes declarations that authorize IA. income and the direct correlation to a $1 million threshold, based on the communities’ recovery. Consistent with proposition that even States with the f. Use of Factor Thresholds the proposed rule, FEMA included a smallest populations have the capability Some stakeholders indicated they factor in this rule that considers the to cover that level of infrastructure would prefer specific ‘‘hard’’ thresholds impact to businesses by capturing the damage. Under FEMA’s current that indicate whether a State would be negative impacts to employers and regulations, there is no corresponding eligible to receive a major disaster employees who are disaster survivors. IA single indicator designed to evaluate declaration authorizing IA. The

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stakeholders felt established thresholds the number of homes in foreclosure will dominant in their fields; and give States a clear idea of what level of impact their capability to respond to the governmental jurisdictions with damage and need the State must have disaster, then the State may articulate populations of less than 50,000. When before requesting assistance. Further, this concern in the narrative portion of the Administrative Procedure Act the stakeholders believed thresholds its declaration request. FEMA considers requires an agency to publish a notice would prevent States from spending the all relevant information provided in a of proposed rulemaking under 5 U.S.C. time compiling the data and requesting State’s request. See 44 CFR 206.48. 553, the RFA requires a regulatory a declaration when they have not However, FEMA believes other factors, flexibility analysis for both the proposed sustained enough damage to qualify for including poverty level, pre-disaster rule and the final rule. This requirement a major disaster declaration that unemployment, and per capita personal does not apply if the head of the agency authorizes IA. income are adequate indicators of certifies that the rule will not, if FEMA rejected a threshold indicator economic health. For this reason, FEMA promulgated, have a significant because it is inconsistent with the chose to not include home foreclosure economic impact on a substantial principles of Section 320 of the Stafford rates as an evaluation factor. number of small entities. 5 U.S.C. Act which prohibits the denial of 605(b). Such certification must include h. Do Not Include Fiscal Capacity assistance to a geographic area based a statement providing the factual basis Indicators solely on the use of an arithmetic for such certification. formula or a sliding scale based on FEMA considered the alternative of This final rule provides States with income or population. 42 U.S.C. 5163. not including fiscal capacity indicators. factors FEMA will consider when FEMA believes that a systematic and FEMA chose to include the fiscal making a recommendation on a major objective approach using standardized capacity indicators for the reasons set disaster declaration that authorizes IA. factors is important for making informed forth above. The Stafford Act is The rule codifies many factors that are and consistent recommendations to the premised upon State and local currently considered, but are not President as well as enhancing governments handling response and adequately captured in 44 CFR predictability for a State when they recovery to disasters that are within 206.48(b). This rule will not directly request IA. FEMA also decided to not their capability, with the Federal impact small businesses, small not-for- pursue using thresholds because they government only stepping in with profit organizations, or small are too restrictive for determining supplemental assistance for events that governmental jurisdictions. States are whether disaster survivors need are beyond local and then State not considered small entities under the assistance after an event and are not capability. This necessarily requires an RFA because they have populations of flexible enough to assess the various examination of the capability of the more than 50,000.62 Hence, FEMA scenarios that demonstrate the State’s State government. Given that the certifies under 5 U.S.C. 605(b) that this need for a declaration authorizing IA. supplemental assistance that FEMA final rule will not have a significant FEMA assumes this alternative could provides is overwhelmingly in the form economic impact on a substantial have an impact on transfer payments of financial assistance, it is important to number of small entities. due to changes in the number of determine whether a given event is C. Unfunded Mandates Reform Act of declarations and could reduce States’ within, or should be within, the State’s 1995 costs if they chose not to pursue a fiscal capacity. If FEMA were not to declaration request for IA. include the fiscal capacity indicators it The Unfunded Mandates Reform Act would be forced to rely on population of 1995, 2 U.S.C. 658, 1501–1504, 1531– g. Homes in Foreclosure as a proxy. In addition, FEMA would 1536, 1571, pertains to any notice of Some stakeholders expressed concern continue to utilize the inadequate and proposed rulemaking which implements that if an area with a high foreclosure outdated table found at 44 CFR any rule that includes a Federal rate is affected by a disaster, then these 206.48(b)(6) which divides States into mandate that may result in the homes would be a greater burden to the three buckets (small, medium, and expenditure by State, local, and Tribal State during the recovery process. large) based solely on population size governments, in the aggregate, or by the Stakeholders believed that homes in instead of a more individualized look at private sector, of $100 million (adjusted foreclosure (either abandoned or owned each State’s fiscal resources and annually for inflation) or more in any by the bank) are not taken care of as capability. In this alternative, the one year. If the rulemaking includes a well as homes that are owner-occupied. Federal cost of the final rule is Federal mandate, the Act requires an When the home is owned by the bank, estimated to decrease by approximately agency to prepare an assessment of the there may be little incentive to quickly $43 a year, based on FEMA no longer anticipated costs and benefits of the make the repairs. When it is abandoned, having to retrieve BEA and Treasury Federal mandate. FEMA has determined there is no incentive to make the repairs data. The cost to States is estimated to this rule can be excluded from this and the properties are often abated by decrease by approximately $8,935 in assessment because the rule meets the the community through code year 1 and $1,787 in each subsequent criteria set forth in 2 U.S.C. 1503(4), enforcement, which likely translates to year for the same reason. which states, ‘‘This chapter shall not additional costs and time burden on the apply to . . . any provision in a community. B. Regulatory Flexibility Act proposed or final Federal regulation that FEMA recognizes that high levels of Under the Regulatory Flexibility Act . . . (4) provides for emergency foreclosure may be associated with (RFA), 5 U.S.C. 601 et seq., as amended assistance or relief at the request of any economic difficulties in the affected by the Small Business Regulatory State, local, or tribal government or any area and this could negatively impact a Enforcement Fairness Act of 1996 (Pub. official of a State, local, or tribal community’s ability to recover. L. 104–121, 110 Stat. 857), FEMA must However, FEMA’s IA programs do not consider the impact of this rule on small 62 The District of Columbia, Puerto Rico, the provide any form of assistance for entities. The term ‘‘small entities’’ Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, foreclosed homes; repair assistance is includes small businesses; not-for-profit which are considered States under 44 CFR available only for owner-occupied organizations that are independently 206.2(a)(22), all have populations greater than primary residences. If a State believes owned and operated and are not 50,000.

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government.’’ Therefore, no actions are Revision 01, Implementation of the may request a major disaster declaration deemed necessary under the provisions National Environmental Policy Act, or an emergency declaration. The of the Unfunded Mandates Reform Act Appendix A, issued November 6, 2014. Governor should submit the request to of 1995. Because no other extraordinary the President through the appropriate circumstances have been identified, this Regional Administrator to ensure D. National Environmental Policy Act rule does not require the preparation of prompt acknowledgement and Under the National Environmental either an EA or an EIS as defined by processing. The information obtained by Policy Act of 1969 (NEPA), as amended, NEPA. See Department of Homeland joint Federal, State, and local 42 U.S.C. 42 U.S.C. 4321 et. seq., an Security Instruction Manual 023–01– preliminary damage assessments will be agency must prepare an environmental 001–01, Revision 01, Implementation of analyzed by FEMA regional senior level assessment or environmental impact the National Environmental Policy Act, staff. The regional summary and the statement for any rulemaking that section (V)(B)(2). regional analysis and recommendation significantly affects the quality of the E. Paperwork Reduction Act of 1995 will include a discussion of State and human environment. FEMA has local resources and capabilities, and determined that this rulemaking does As required by the Paperwork other assistance available to meet the not significantly affect the quality of the Reduction Act of 1995 (PRA), Public disaster related needs. The human environment and consequently Law 104–13, 109 Stat. 163, (May 22, Administrator of FEMA provides a has not prepared an environmental 1995) (44 U.S.C. 3501 et seq.), FEMA recommendation to the President and assessment or environmental impact may not conduct or sponsor, and a also provides a copy of the Governor’s statement. person is not required to respond to, a request. In the event the information Rulemaking is a major Federal action collection of information unless the required by law is not contained in the subject to NEPA. Categorical exclusion collection of information displays a request, the Governor’s request cannot A3 included in the list of exclusion valid control number. be processed and forwarded to the In this final rule, FEMA is seeking a categories at Department of Homeland White House. In the event the revision to the already existing Security Instruction Manual 023–01– Governor’s request for a major disaster collection of information, OMB Control 001–01, Revision 01, Implementation of declaration or an emergency declaration Number 1660–0009, because FEMA has the National Environmental Policy Act, is not granted, the Governor may appeal refined its estimate of the paperwork Appendix A, issued November 6, 2014, the decision. covers the promulgation of rules, burden associated with 1660–0009. FEMA submitted the information Affected Public: State, local, or Tribal issuance of rulings or interpretations, Government. and the development and publication of collection abstracted below to the Office of Management and Budget for review Estimated Number of Respondents: policies, orders, directives, notices, and clearance. 623. procedures, manuals, and advisory Estimated Number of Responses: 356. circulars if they meet certain criteria Collection of Information provided in A3(a-f). This final rule Estimated Total Annual Burden Title: The Declaration Process: Hours: 11,792.8. amends an existing regulation without Requests for Preliminary Damage The previously approved Total changing its environmental effect, Assessment (PDA), Requests for Annual Burden Hours was 11,748 which meets Categorical Exclusion Supplemental Federal Disaster hours. Based on the final rule’s minor A3(d). Assistance, Appeals, and Requests for increase in burden, the new estimated In addition, this final rule revises the Cost Share Adjustments. criteria that FEMA considers when Type of information collection: Total Annual Burden Hours is 11,792.8 recommending an area eligible for IA Revision of a currently approved hours. This increase of 44.8 hours is under a major disaster declaration. This collection. attributed to the additional fiscal activity amounts to information and OMB Number: 1660–0009. capacity information FEMA anticipates data gathering and reporting in support Form Titles and Numbers: FEMA States may provide to help evaluate the of emergency and disaster response and Form 010–0–13, Request for Presidential need for a major disaster declaration recovery activities. Therefore, the Disaster Declaration Major Disaster or that authorizes IA. activity this final rule applies to meets Emergency; FEMA Form 009–0–140. Table A.12 provides estimates of Categorical Exclusion M11 in Abstract: When a disaster occurs in a annualized cost to respondents for the Department of Homeland Security State, the Governor of the State or the hour burdens for the collection of Instruction Manual 023–01–001–01, Acting Governor in his/her absence, information.

TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS 63

Number of Average Total annual Average Total annual Type of respondent Form name/form Number of responses per burden per burden hourly wage respondent number respondents 64 response 65 respondent (in hours) (in hours) rate cost

State, Local or Request for Presi- 623 .571 9 3,204 $79.22 $253,820.88 Tribal Govern- dential Disaster ment. Declaration Major Disaster or Emergency/ FEMA Form 010–0–13.

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TABLE A.12—ESTIMATED ANNUALIZED BURDEN HOURS AND COSTS 63—Continued

Average Number of Total annual Average Total annual Form name/form Number of burden per re- burden hourly wage respondent Type of respondent number respondents responses per sponse 64 65 cost respondent (in hours) (in hours) rate

State, Local or Initial Data Gath- 623 .571 24.126 8,588.8 39.89 342,607.23 Tribal Govern- ering for Gov- ment. ernor’s Request/ No Form.

Total ...... 623 ...... 11,792.8 ...... 596,428.11 Note: The ‘‘Avg. Hourly Wage Rate’’ for each respondent includes a 1.46 multiplier to reflect a fully-loaded wage rate. Note: Numbers in the table are rounded up due to rounding in ROCIS. Also ‘‘Initial Data Gathering for Governor’s Request/No Form’’ total bur- den hours is rounded to 8,588.8 to align with Factors Considered When Evaluating a Governor’s Request for Individual Assistance for a Major Disaster Final Rule.

Estimated Cost: $596,428.11. disclose any record which is contained Federal Government and Indian Tribes. Estimated Respondents’ Operation in a system of records except by The disaster assistance granted by a and Maintenance Costs: FEMA does not following specific procedures. major disaster declaration addressed by anticipate that there will be any annual FEMA completed a Privacy Threshold this final rule is provided to individuals costs to respondents’ operations and Analysis for this final rule. Any and families, and would not have tribal maintenance costs for technical information will be collected in existing implications. services. FEMA Forms 010–0–13 and 009–0–140 Moreover, this rule finalizes revisions Estimated Respondents’ Capital and and will still only include the to regulations intended to address a Start-Up Costs: There are no annual Governor’s point of contact and general State’s request for an IA declaration. start-up or capital costs. office phone number as well as other Although Section 1110 of SRIA Estimated Total Annual Cost to the State specific and disaster specific authorizes Indian Tribal governments to Federal Government: The cost to the information of a non- request a declaration directly, SRIA Federal government is $3,188,919.80. personally-identifiable nature. The charged FEMA to implement that F. Privacy Act information received through the form authority separately by rulemaking. is neither retrieved nor retrievable by FEMA is implementing Section 1110 Under the Privacy Act of 1974, 5 personally identifiable information (PII). through a separate process, which U.S.C. 552a, an agency must determine Any retrieval would be done by involves extensive consultation with whether implementation of a proposed utilizing State specific or disaster Tribes, issuance of pilot guidance, see regulation will result in a system of specific information of a 82 FR 3016 (Jan. 10, 2017), and records. A ‘‘record’’ is any item, non-identifiable nature. FEMA Form eventually, regulations. collection, or grouping of information 010–0–13 is currently covered under the H. Executive Order 13132, Federalism about an individual that is maintained DHS/FEMA/PIA–013 Grants by an agency, including, but not limited Management PIA. This rulemaking does Executive Order 13132, ‘‘Federalism,’’ to, his/her education, financial not impact FEMA’s collection of PII in 64 FR 43255, August 10, 1999, sets forth transactions, medical history, and the disaster declarations process and principles and criteria that agencies criminal or employment history and form and no System of Records Notice must adhere to in formulating and that contains his/her name, or the is required at this time. implementing policies that have identifying number, symbol, or other federalism implications, that is, identifying particular assigned to the G. Executive Order 13175, Consultation regulations that have ‘‘substantial direct individual, such as a finger or voice and Coordination With Indian Tribal effects on the States, on the relationship print or a photograph. See 5 U.S.C. Governments between the national government and 552a(a)(4). A ‘‘system of records’’ is a Executive Order 13175, ‘‘Consultation the States, or on the distribution of group of records under the control of an and Coordination with Indian Tribal power and responsibilities among the agency from which information is Governments,’’ 65 FR 67249, November various levels of government.’’ Federal retrieved by the name of the individual 9, 2000, applies to agency regulations agencies must closely examine the or by some identifying number, symbol, that have Tribal implications, that is, statutory authority supporting any or other identifying particular assigned regulations that have substantial direct action that would limit the to the individual. An agency cannot effects on one or more Indian tribes, on policymaking discretion of the States, the relationship between the Federal and to the extent practicable, must 63 Note: Numbers rounded due to rounding in Government and Indian Tribes, or on consult with State and local officials ROCIS. 64 Note: The number of responses per respondent the distribution of power and before implementing any such action. for entering in Request for Presidential Disaster responsibilities between the Federal As we noted in the proposed rule, Declaration Major Disaster or Emergency/FEMA Government and Indian Tribes. FEMA has determined that this rule Form 010–0–13 has been updated to 0.571. FEMA FEMA has reviewed this final rule does not have a substantial direct effects recalculated this number to more accurately reflect the change in the final rule. FEMA calculated 0.571 under Executive Order 13175 and has on the States, on the relationship based on the previous supporting statement’s total determined that this rule does not have between the national government and number of response hours, 3,195, divided by the a substantial direct effect on one or the States, or on the distribution of number of hours, 9.062, resulting in 356, and then more Indian tribes, on the relationship power and responsibilities among the divided by 623. various levels of government, and 65 Note: The ‘‘Avg. Hourly Wage Rate’’ for each between the Federal Government and respondent includes a 1.46 multiplier to reflect a Indian Tribes, or on the distribution of therefore does not have federalism fully-loaded wage rate. power and responsibilities between the implications as defined by the Executive

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Order. The disaster assistance granted an effect on floodplain management. and long term productivity of existing by a major disaster declaration This final rule revises the criteria that flora and fauna, species and habitat addressed by this final rule is provided FEMA considers when recommending diversity and stability, hydrologic to individuals and families, and would an area eligible for IA under a major utility, fish, wildlife, timber, and food not have federalism implications. No disaster declaration. A major disaster and fiber resources; and other uses of commenters disagreed with our declaration recommendation to the wetlands in the public interest, determination. President is an administrative action for including recreational, scientific, and FEMA’s IA Program. When FEMA cultural uses. I. Executive Order 11988, Floodplain undertakes specific actions in The requirements of Executive Order Management administering IA that may have effects 11990 apply in the context of the Pursuant to Executive Order 11988, as on floodplain management (e.g., provision of Federal financial assistance amended by Executive Order 13690, placement of manufactured housing relating to, among other things, ‘‘each agency must provide leadership units on FEMA-constructed group sites; construction and property improvement and take action to reduce the risk of permanent or semi-permanent housing activities, as well as conducting Federal flood loss and to minimize the impact construction; Multi-Family Lease and programs affecting land use. The of floods on human safety, health and Repair; financial assistance for privately changes in this final rule will not have welfare. In addition, each agency must owned roads and bridges), FEMA an effect on land use or wetlands. This restore and preserve the natural and follows the procedures set forth in 44 final rule revises the criteria that FEMA beneficial values served by floodplains CFR part 9 to assure compliance with considers when recommending an area in carrying out its responsibilities for (1) this Executive Order. The notice that is eligible for IA under a major disaster acquiring, managing, and disposing of required by the E.O. is provided declaration. A major disaster declaration Federal lands and facilities; (2) separately at the time FEMA undertakes recommendation to the President is an providing Federally undertaken, the specific action. administrative action for FEMA’s IA financed, or assisted construction and Program. When FEMA undertakes improvements; and (3) conducting J. Executive Order 11990, Protection of specific actions in administering IA that Federal activities and programs affecting Wetlands may have such effects (e.g., placement land use, including but not limited to Executive Order 11990, ‘‘Protection of of manufactured housing units on water and related land resources Wetlands,’’ 42 FR 26961, May 24, 1977, FEMA-constructed group sites; planning, regulating, and licensing sets forth that each agency must provide permanent or semi-permanent housing activities. In carrying out these leadership and take action to minimize construction; Multi-Family Lease and responsibilities, each agency must the destruction, loss or degradation of Repair; financial assistance for privately evaluate the potential effects of any wetlands, and to preserve and enhance owned roads and bridges), FEMA actions it may take in a floodplain; the natural and beneficial values of follows the procedures set forth in 44 ensure that its planning programs and wetlands in carrying out the agency’s CFR part 9 to assure compliance with budget requests reflect consideration of responsibilities for (1) acquiring, this Executive Order. flood hazards and floodplain managing, and disposing of Federal management; and prescribe procedures lands and facilities; and (2) providing K. Executive Order 12898, to implement the policies and Federally undertaken, financed, or Environmental Justice requirements of the Executive Order. assisted construction and Under Executive Order 12898, Before promulgating any regulation, improvements; and (3) conducting ‘‘Federal Actions to Address an agency must determine whether the Federal activities and programs affecting Environmental Justice in Minority proposed regulations will affect a land use, including but not limited to Populations and Low-Income floodplain(s), and if so, the agency must water and related land resources Populations,’’ 59 FR 7629, February 16, consider alternatives to avoid adverse planning, regulating, and licensing 1994, as amended by Executive Order effects and incompatible development activities. Each agency, to the extent 12948, 60 FR 6381, February 1, 1995, in the floodplain(s). If the head of the permitted by law, must avoid FEMA incorporates environmental agency finds that the only practicable undertaking or providing assistance for justice into its policies and programs. alternative consistent with the law and new construction located in wetlands The Executive Order requires each with the policy set forth in Executive unless the head of the agency finds (1) Federal agency to conduct its programs, Order 11988 is to promulgate a that there is no practicable alternative to policies, and activities that substantially regulation that affects a floodplain(s), such construction, and (2) that the affect human health or the environment the agency must, prior to promulgating proposed action includes all practicable in a manner that ensures that those the regulation, design or modify the measures to minimize harm to wetlands programs, policies, and activities do not regulation in order to minimize which may result from such use. In have the effect of excluding persons potential harm to or within the making this finding the head of the from participation in programs, denying floodplain, consistent with the agency’s agency may take into account economic, persons the benefits of programs, or floodplain management regulations and environmental and other pertinent subjecting persons to discrimination prepare and circulate a notice factors. because of race, color, or national origin. containing an explanation of why the In carrying out the activities described FEMA has incorporated environmental action is proposed to be located in the in Executive Order 11990, each agency justice into its programs, policies, and floodplain. must consider factors relevant to a activities, as well as this rulemaking. The requirements of Executive Order proposal’s effect on the survival and This final rule contains provisions that 11988 apply in the context of the quality of the wetlands. Among these ensure that FEMA’s activities will not provision of Federal financial assistance factors are: Public health, safety, and have a disproportionately high or relating to, among other things, welfare, including water supply, adverse effect on human health or the construction and property improvement quality, recharge and discharge; environment or subject persons to activities, as well as conducting Federal pollution; flood and storm hazards; and discrimination because of race, color, or programs affecting a floodplain(s). The sediment and erosion; maintenance of national origin. This final rule adds a changes in this final rule will not have natural systems, including conservation provision specifically related to the

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demographics of a disaster impacted PART 206—FEDERAL DISASTER Bureau of Economic Analysis. GDP by population. FEMA is requesting ASSISTANCE State may be used as an alternative or information relating to the supplemental evaluation method to demographics of a disaster impacted ■ 1. The authority citation for part 206 TTR. area because the demographics may continues to read as follows: (C) Per capita personal income by identify additional needs that require a Authority: Robert T. Stafford Disaster local area. Per capita personal income more robust community response and Relief and Emergency Assistance Act, 42 by local area is calculated by the Bureau might otherwise delay a community’s U.S.C. 5121 through 5207; Homeland of Economic Analysis. A low per capita ability to recover from a disaster. Security Act of 2002, 6 U.S.C. 101 et seq.; personal income by local area may Department of Homeland Security Delegation indicate a greater need for supplemental No action that FEMA can anticipate 9001.1; sec. 1105, Pub. L. 113–2, 127 Stat. 43 under this rule will have a (42 U.S.C. 5189a note). Federal assistance than a high per capita personal income by local area. disproportionately high and adverse ■ 2. In § 206.48, revise paragraph (b) to human health or environmental effect read as follows: (D) Other factors. Other limits on a on any segment of the population. State’s treasury or ability to collect § 206.48 Factors considered when funds may be considered. L. Congressional Review of Agency evaluating a Governor’s request for a major (ii) Resource availability. Federal Rulemaking disaster declaration. disaster assistance under the Stafford Under the Congressional Review of * * * * * Act is intended to be supplemental in Agency Rulemaking Act (CRA), 5 U.S.C. (b) Factors for the Individual nature, and is not a replacement for Assistance Program. The following 801–808, before a rule can take effect, State emergency relief programs, factors are used to evaluate the need for the Federal agency promulgating the services, and funds. FEMA evaluates the supplemental Federal assistance to rule must submit to Congress and to the availability of resources from State, individuals under the Stafford Act, as Government Accountability Office Tribal, and local governments as well as Federal assistance may not supplant the (GAO) a copy of the rule, a concise non-governmental organizations and the combined capabilities of a State, Tribal, general statement relating to the rule, private sector. or local government. Federal Individual including whether it is a major rule, the (A) State, tribal, and local Assistance, if authorized, is intended to proposed effective date of the rule, a government; non-governmental assist eligible individuals and families copy of any cost-benefit analysis, organizations (NGO); and Private Sector when State, Tribal, and local descriptions of the agency’s actions Activity. State, Tribal, and local government resources and assistance government, Non-Governmental under the Regulatory Flexibility Act and programs are overwhelmed. State fiscal the Unfunded Mandates Reform Act, Organizations, and private sector capacity (44 CFR 206.48(b)(1)(i)) and resources may offset the need for or and any other information or statements uninsured home and personal property required by relevant executive orders. reveal an increased need for losses (44 CFR 206.48(b)(2)) are the supplemental Federal assistance. The FEMA has sent this rule to the principal factors that FEMA will State may provide information regarding Congress and to GAO pursuant to the consider when evaluating the need for the resources that have been and will be CRA. The rule is not a ‘‘major rule’’ supplemental Federal assistance under committed to meet the needs of disaster within the meaning of the CRA. It will the Individuals and Households survivors such as housing programs, not have an annual effect on the Program but FEMA will always consider resources provided through financial economy of $100,000,000 or more, it all relevant information submitted as and in-kind donations, and the will not result in a major increase in part of a declaration request. If the need availability of affordable (as determined costs or prices for consumers, for supplemental Federal assistance by the U.S. Department of Urban and individual industries, Federal, State, or under the Individuals and Households Housing Development’s fair market rent local government agencies, or Program is not clear from the evaluation standards) rental housing within a geographic regions, and it will not have of the principal factors, FEMA will turn reasonable commuting distance of the significant adverse effects on to the other factors to determine the impacted area. competition, employment, investment, level of need. (B) Cumulative effect of recent productivity, innovation, or on the (1) State fiscal capacity and resource disasters. The cumulative effect of ability of United States-based availability. FEMA will evaluate the recent disasters may affect the enterprises to compete with foreign- availability of State resources, and availability of State, Tribal, local based enterprises in domestic and where appropriate, any extraordinary government, NGO, and private sector export markets. circumstances that contributed to the absence of sufficient resources. disaster recovery resources. The State List of Subjects in 44 CFR Part 206 (i) Fiscal capacity (principal factor for should provide information regarding individuals and households program). the disaster history within the last 24- Administrative practice and month period, particularly those procedure, Coastal zone, Community Fiscal capacity is a State’s potential ability to raise revenue from its own occurring within the current fiscal facilities, Disaster assistance, Fire cycle, including both Presidential prevention, Grant programs-housing and sources to respond to and recover from a disaster. The following data points are (public and individual assistance) and community development, Housing, gubernatorial disaster declarations. Insurance, Intergovernmental relations, indicators of fiscal capacity. (A) Total taxable resources (TTR) of (2) Uninsured home and personal Loan programs-housing and community the State. TTR is the U.S. Department of property losses (principal factor for development, Natural resources, Treasury’s annual estimate of the individuals and households program). Penalties, and Reporting and relative fiscal capacity of a State. A low Uninsured home and personal property recordkeeping requirements. TTR may indicate a greater need for losses may suggest a need for For the reasons stated in the supplemental Federal assistance than a supplemental Federal assistance. The preamble, the Federal Emergency high TTR. State may provide the following Management Agency amends 44 CFR (B) Gross domestic product (GDP) by preliminary damage assessment data: part 206, subpart B, as follows: State. GDP by State is calculated by the (i) The cause of damage.

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(ii) The jurisdictions impacted and (viii) Any unique considerations utility disruptions may render housing concentration of damage. regarding American Indian and Alaskan uninhabitable or inaccessible. Such (iii) The number of homes impacted Native Tribal populations raised in the conditions may also affect the delivery and degree of damage. State’s request for a major disaster of life sustaining commodities, (iv) The estimated cost of assistance. declaration that may not be reflected in provision of emergency services, ability (v) The homeownership rate of the data points referenced in paragraphs to shelter in place, and efforts to impacted homes. (b)(3)(i) through (vii) of this section. rebuild. The State may provide (vi) The percentage of affected (4) Impact to community information regarding the impact on households with sufficient insurance infrastructure. The following impacts to transportation infrastructure and coverage appropriate to the peril. a community’s infrastructure may utilities for a period of greater than 72 (vii) Other relevant preliminary adversely affect a population’s ability to hours. damage assessment data. safely and securely reside within the (3) Disaster impacted population (5) Casualties. The number of community. profile. The demographics of a disaster individuals who are missing, injured, or (i) Life saving and life sustaining impacted population may identify deceased due to a disaster may indicate services. The effects of a disaster may additional needs that require a more a heightened need for supplemental cause disruptions to or increase the robust community response and delay a Federal disaster assistance. The State demand for life-saving and life- community’s ability to recover from a may report the number of missing, sustaining services, necessitate a more disaster. FEMA will consider injured, or deceased individuals. robust response, and may delay a demographics of the impacted community’s ability to recover from a (6) Disaster related unemployment. communities for the following data disaster. The State may provide The number of disaster survivors who points as reported by the U.S. Census information regarding the impact on life lost work or became unemployed due to Bureau or other Federal agencies: saving and life sustaining services for a a disaster and who do not qualify for (i) The percentage of the population period of greater than 72 hours. Such standard unemployment insurance may for whom poverty status is determined. indicate a heightened need for (ii) The percentage of the population services include but are not limited to supplemental Federal assistance. This already receiving government assistance police, fire/EMS, hospital/medical, such as Supplemental Security Income sewage, and water treatment services. usually includes the self-employed, and Supplemental Nutrition Assistance (ii) Essential community services. The service industry workers, and seasonal Program benefits. effects of a disaster may cause workers such as those employed in (iii) The pre-disaster unemployment disruptions to or increase the demand tourism, fishing, or agriculture rate. for essential community services and industries. The State may provide an (iv) The percentage of the population delay a community’s ability to recover estimate of the number of disaster that is 65 years old and older. from a disaster. The State may provide survivors impacted under this (v) The percentage of the population information regarding the impact on paragraph as well as information 18 years old and younger. essential community services for a regarding major employers affected. (vi) The percentage of the population period greater than 72 hours. Such with a disability. services include but are not limited to Peter Gaynor, (vii) The percentage of the population schools, social services programs and Deputy Administrator, Federal Emergency who speak a language other than providers, child care, and eldercare. Management Agency. English and speak English less than (iii) Transportation infrastructure and [FR Doc. 2019–05388 Filed 3–20–19; 8:45 am] ‘‘very well.’’ utilities. Transportation infrastructure or BILLING CODE 9111–23–P

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Reader Aids Federal Register Vol. 84, No. 55 Thursday, March 21, 2019

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 10 CFR Presidential Documents 2 CFR Executive orders and proclamations 741–6000 72...... 10257 Proposed Rules: 429...... 8411 The United States Government Manual 741–6000 1402...... 10439 430...... 8411 Other Services 3 CFR 625...... 8791 Electronic and on-line services (voice) 741–6020 Proposed Rules: Proclamations: Privacy Act Compilation 741–6050 40...... 6979 9845...... 8227 73...... 6980, 10269 9846...... 8229 429...... 9910 ELECTRONIC RESEARCH 9847...... 8241 430...... 9721, 9910 9848...... 8583 431...... 9721, 9979 World Wide Web 9849...... 9935 9850...... 10397 12 CFR Full text of the daily Federal Register, CFR and other publications 9851...... 10399 is located at: www.govinfo.gov. 45...... 9940 Executive Orders: 225...... 8953 Federal Register information and research tools, including Public 13860...... 8407 237...... 9940 Inspection List and electronic text are located at: 13861...... 8585 349...... 9940 www.federalregister.gov. 13862...... 8789 350...... 9698 13863...... 10255 E-mail 624...... 9940 Administrative Orders: 1005...... 7979 FEDREGTOC (Daily Federal Register Table of Contents Electronic Notices: 1209...... 9702 Mailing List) is an open e-mail service that provides subscribers Notice of March 4, 1217...... 9702 with a digital form of the Federal Register Table of Contents. The 2019 ...... 7975 1221...... 9940 digital form of the Federal Register Table of Contents includes Notice of March 4, 1248...... 7793 HTML and PDF links to the full text of each document. 2019 ...... 7977 1250...... 9702 To join or leave, go to https://public.govdelivery.com/accounts/ Notice of March 5, 1310...... 8958 USGPOOFR/subscriber/new, enter your email address, then 2019 ...... 8245 Proposed Rules: follow the instructions to join, leave, or manage your Orders: 8...... 10270 subscription. Order of March 18, 204...... 8829 2019 ...... 10401 PENS (Public Law Electronic Notification Service) is an e-mail 1026...... 8479 Presidential 1310...... 9028 service that notifies subscribers of recently enacted laws. Determinations: To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html No. 2019–11 of March 14 CFR and select Join or leave the list (or change settings); then follow 12, 2019 ...... 9691 25...... 8248 the instructions. 5 CFR 39 ...... 6962, 7261, 7264, 7266, FEDREGTOC and PENS are mailing lists only. We cannot 7269,7272, 7801, 7804, respond to specific inquiries. Proposed Rules: 8250, 8591, 8598, 8605, 532...... 8043 Reference questions. Send questions and comments about the 8795, 8799, 8802, 8805, 8959, 8961, 8963, 8965, Federal Register system to: [email protected] 7 CFR 10259, 10403, 10405 The Federal Register staff cannot interpret specific documents or 51...... 8589 71 ...... 6965, 6966, 7274, 7808, regulations. 52...... 8589 8413, 8414, 8415, 10407 210...... 6953, 8247 73...... 8251 FEDERAL REGISTER PAGES AND DATE, MARCH 235...... 6953, 8247 91...... 9705, 9950 920...... 10257 97...... 9223, 9225 6953–7260...... 1 927...... 9221 Proposed Rules: 7261–7792...... 4 929...... 9937 13...... 9724 7793–7978...... 5 986...... 8409 39 ...... 6981, 6984, 7832, 7835, 7979–8244...... 6 987...... 9693 8482, 8832, 10449 8245–8408...... 7 1000...... 8590 71 ...... 6987, 7306, 7308, 7837, 1145...... 6961 8409–8588...... 8 7839, 8834, 9048, 9260, 8589–8790...... 11 Proposed Rules: 10451, 10453, 10455 301...... 7304 8791–8952...... 12 73...... 7840, 10456 1214...... 8627 8953–9220...... 13 1216...... 8628 15 CFR 9221–9450...... 14 Proposed Rules: 9451–9692...... 15 9 CFR 774...... 8485 9693–9934...... 18 316...... 9695 930...... 8628 9935–10256...... 19 Proposed Rules: 10257–10398...... 20 160...... 8476 16 CFR 10399–10664...... 21 161...... 8476 Proposed Rules: 162...... 8476 24...... 8045

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305...... 9261 55...... 9231 413...... 7294 410...... 9460 436...... 9051 148...... 9231 461...... 6974 411...... 9460 301...... 9231 668...... 9964 414...... 9460 17 CFR 404...... 9231 674...... 9964 415...... 9460 270...... 7980 601...... 9231 682...... 9964 425...... 9460 274...... 7980 602...... 9231 685...... 9964 495...... 9460 Proposed Rules: Proposed Rules: Proposed Rules: 18 CFR 1 ...... 6988, 8050, 8051, 8188, Ch. III...... 8054, 8059 Chapter IV ...... 8657 4...... 7988 8488, 9053, 10274 406...... 7610 11...... 7988 20...... 8278 36 CFR 407...... 7610 37...... 8156 301...... 8488, 10274 Proposed Rules: 422...... 7610, 8069 45...... 7274 60...... 6996 423...... 7610 46...... 7274 27 CFR 63...... 6996 431...... 7610 157...... 10409 447...... 9239 438...... 7610 Proposed Rules: 478...... 9239 37 CFR 457...... 7610 33...... 7309 479...... 9239 Proposed Rules: 482...... 7610 Proposed Rules: 303...... 9053 485...... 7610 19 CFR 4...... 9990 350...... 9053 43 CFR 12...... 8807 5...... 9990 355...... 9053 Proposed Rules: 7...... 9990 370...... 9053 10...... 6975 220...... 9273 14...... 9990 380...... 9053 19...... 9990 382...... 9053 44 CFR 21 CFR 383...... 9053 64...... 9966 112...... 9706 29 CFR 384...... 9053 206...... 10632 510...... 8967 1601...... 10410 385...... 9053 45 CFR 520...... 8967, 8982 4022...... 9454 38 CFR 522...... 8967 4044...... 9454 1148...... 8003 524...... 8967 Proposed Rules: 17...... 7813, 8254 Proposed Rules: 526...... 8967 1206...... 6989 Proposed Rules: Subtitle A ...... 8657 529...... 8967 1910...... 8633 4...... 7844 156...... 7610 556...... 8967 1915...... 8633 170...... 7424 558...... 8967 1917...... 8633 39 CFR 171...... 7424 573...... 7991 1918...... 8633 111...... 9716 866...... 9226 1926...... 8633 3020...... 7815 47 CFR 882...... 9228 Proposed Rules: 0...... 9463 884...... 7993 30 CFR 111...... 7005, 9470 1...... 8617 Proposed Rules: 1241...... 8416 3050...... 8066 3...... 8994 121...... 9987 27...... 8443 573...... 9989 31 CFR 40 CFR 36...... 6977 864...... 8047 561...... 9456 49...... 7823 54...... 8003, 8619 566...... 9456 50...... 9866 64...... 8457, 10266 22 CFR 51...... 8422 73...... 9465 35...... 9957 32 CFR 52 ...... 7299, 7823, 7998, 8257, Proposed Rules: 103...... 9957 48...... 7810 8260, 8422, 8610, 8809, 1...... 8497, 10275 127...... 9957 77...... 8809 8812, 8813, 9240, 10264, 64...... 7315, 9276 138...... 9957 337...... 6968 10433 73...... 9281, 10275 Proposed Rules: 542...... 9962 60...... 8260 76...... 8278 121...... 8486 562...... 9962 61...... 8260 90...... 10275 62...... 8001, 8262 48 CFR 24 CFR 33 CFR 63 ...... 7682, 7825, 8260, 9590 28...... 9451 100 ...... 7285, 7810, 8607 70...... 8260 801...... 9968 30...... 9451 110...... 7810, 9458 81...... 8986 825...... 9968 87...... 9451 117 ...... 8418, 9459, 10411 180 ...... 8611, 8820, 9243 836...... 9968 180...... 9451 147...... 7810 271...... 8260, 8988 842...... 9968 3282...... 9451 165 .....6969, 6972, 7285, 7288, 281...... 8260 846...... 9968 7290, 7292, 7810, 7995, 300...... 8989 852...... 9968 25 CFR 7997, 8252, 8420, 9714, 1065...... 9243 853...... 9968 575...... 6967 9962, 10262, 10412, 10413, Proposed Rules: Proposed Rules: 10415, 10417, 10420, 10430 52 ...... 7313, 7846, 7854, 7858, Ch. 7 ...... 9739 26 CFR 401...... 8983 8491, 8492, 8643, 8645, 739...... 10469 1 ...... 7283, 9231, 9959 402...... 8984 8647, 8654, 9991, 9993, 752...... 10469 5...... 9231 Proposed Rules: 9995, 10458, 10461 6106...... 7861 5c ...... 9231 100 .....6989, 7310, 8641, 9724, 63...... 8069 49 CFR 5f...... 9231 9727, 9731 80...... 9734, 10584 7...... 9231 117...... 6992, 7842 81...... 8492, 10461 172...... 8006 11...... 9231 165 ...... 6994, 8051, 8489, 9468 174...... 9735, 9737 173...... 8006 13...... 9231 180...... 9735, 9737 380...... 8029, 10437 16...... 9231 34 CFR 258...... 8496 383...... 8463 19...... 9231 400...... 7294 271...... 7010 384...... 8463 20...... 9231 401...... 7294 300...... 9073 Proposed Rules: 25...... 9231 402...... 7294 721...... 9999 391...... 8497 31...... 9231 403...... 7294 48...... 9231 406...... 7294 42 CFR 50 CFR 49...... 9231 410...... 7294 59...... 7714 217...... 8263 54...... 9231 411...... 7294 405...... 9460 300...... 8624, 9243

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622 ...... 7827, 7828, 8825, 8997 679 .....6978, 7303, 8474, 8626, Proposed Rules: 622...... 7864 635...... 7302, 9719 8828, 9000, 9416, 9466, 17...... 9648 648...... 8282 648 .....8625, 8826, 8998, 8999, 9976, 9978, 10268, 10437 18...... 10224 660...... 9471 10267 218...... 7186 665...... 8835 300...... 7323, 9281

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in today’s List of Public enacted public laws. To Laws. subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List March 14, 2019 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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