Vol. 83 Thursday, No. 61 March 29, 2018

Pages 13375–13624

OFFICE OF THE FEDERAL REGISTER

VerDate Sep 11 2014 20:03 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\29MRWS.LOC 29MRWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS II Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office PUBLIC of the Federal Register, National Archives and Records Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Assistance with Federal agency subscriptions: Documents are on file for public inspection in the Office of the Email [email protected] Federal Register the day before they are published, unless the Phone 202–741–6000 issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see www.ofr.gov. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge at www.fdsys.gov, a service of the U.S. Government Publishing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6:00 a.m. each day the Federal Register is published and includes both text and graphics from Volume 59, 1 (January 2, 1994) forward. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202-512-1800 or 866-512- 1800 (toll free). E-mail, gpocusthelp.com. The annual subscription price for the Federal Register paper edition is $749 plus postage, or $808, plus postage, for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $165, plus postage. Six month subscriptions are available for one-half the annual rate. The prevailing postal rates will be applied to orders according to the delivery method requested. The price of a single copy of the daily Federal Register, including postage, is based on the number of pages: $11 for an issue containing less than 200 pages; $22 for an issue containing 200 to 400 pages; and $33 for an issue containing more than 400 pages. Single issues of the microfiche edition may be purchased for $3 per copy, including postage. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: U.S. Government Publishing Office—New Orders, P.O. Box 979050, St. Louis, MO 63197-9000; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, see bookstore.gpo.gov. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 83 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Publishing Office, Washington, DC 20402, along with the entire mailing label from the last issue received.

.

VerDate Sep 11 2014 20:03 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\29MRWS.LOC 29MRWS sradovich on DSK3GMQ082PROD with FRONT MATTER WS III

Contents Federal Register Vol. 83, No. 61

Thursday, March 29, 2018

Agricultural Marketing Service See Engineers Corps RULES NOTICES Decreased Assessment Rates: Agency Information Collection Activities; Proposals, Oranges and Grapefruit Grown in the Lower Rio Grande Submissions, and Approvals, 13481–13483 Valley in Texas, 13378–13380 Drug Enforcement Administration Agriculture Department NOTICES See Agricultural Marketing Service Importers of Controlled Substances; Applications: See Animal and Plant Health Inspection Service Fisher Clinical Services, Inc., 13519–13520 Lannett Company, Inc., 13520 Air Force Department Novitium Pharma, LLC, 13520 NOTICES S and B Pharma, Inc., 13523 Meetings: Sharp Clinical Services, INC., 13521 U.S. Air Force Scientific Advisory Board, 13481 Siegfried USA, LLC, 13521–13522 Manufacturers of Controlled Substances; Applications: Alcohol, Tobacco, Firearms, and Explosives Bureau Chattem Chemicals, Inc., 13519 PROPOSED RULES Insys Manufacturing LLC, 13522 Bump-Stock Type Devices, 13442–13457 National Center for Natural Products Research NIDA MPROJECT, 13522–13523 Animal and Plant Health Inspection Service Navinta LLC, 13521 RULES Education Department Importation of Fresh Cherimoya Fruit From Chile Into the NOTICES United States, 13375–13378 Agency Information Collection Activities; Proposals, PROPOSED RULES Submissions, and Approvals: Importation of Pummelo From Thailand Into the Expanding Opportunity through Quality Charter Schools Continental United States, 13433–13436 NOTICES Program: Technical Assistance to Support Chronic Wasting Disease Herd Certification Program Monitoring, Evaluation, Data Collection, and Standards, 13469–13470 Dissemination of Best Practices, 13484 Employment and Training Administration Centers for Disease Control and Prevention NOTICES NOTICES Change in Status of an Extended Benefit Period for Alaska, Government-Owned Inventions; Availability for Licensing, 13525–13526 13487 Engineers Corps Centers for Medicare & Medicaid Services NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Agency Information Collection Activities; Proposals, Pebble Project, 13483–13484 Submissions, and Approvals, 13487–13488 Environmental Protection Agency Civil Rights Commission PROPOSED RULES NOTICES Air Quality State Implementation Plans; Approvals and Meetings: Promulgations: Indiana Advisory Committee, 13470 Ohio; Ohio NSR Fine Particulate Matter Precursors, Ohio Advisory Committee, 13471–13472 13457–13460 Oregon Advisory Committee, 13470–13472 Registration of Isobutanol as a Gasoline Additive, 13460– 13463 Coast Guard NOTICES Federal Aviation Administration Requests for Applications: RULES Chemical Transportation Advisory Committee; Vacancies, Airworthiness Directives: 13496 Agusta S.p.A. Helicopters, 13395–13398 Airbus Airplanes, 13387–13395 Commerce Department Airbus Helicopters Deutschland GmbH (Type Certificate See Foreign-Trade Zones Board Previously Held By Eurocopter Deutschland GmbH), See Industry and Security Bureau 13380–13383 See International Trade Administration Honda Aircraft Company LLC, 13401–13404 See National Oceanic and Atmospheric Administration Textron Aviation Inc. Airplanes, 13383–13387 See Patent and Trademark Office The Boeing Company Airplanes, 13398–13401 Modification and Revocation of Multiple Air Traffic Service Defense Department (ATS) Routes: See Air Force Department Northcentral United States, 13404–13410

VerDate Sep<11>2014 21:20 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\29MRCN.SGM 29MRCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN IV Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Contents

Special Flight Rules Areas: Arthritis Advisory Committee and the Drug Safety and Washington, DC Metropolitan Area; Technical Risk Management Advisory Committee, 13493–13494 Amendment, 13410–13411 Fiscal Year 2018 Generic Drug Regulatory Science Standard Instrument Approach Procedures, and Takeoff Initiatives; Public Workshop, 13491–13493 Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 13411–13415 Foreign-Trade Zones Board PROPOSED RULES NOTICES Airworthiness Directives: Expansions under Alternative Site Frameworks: ATR—GIE Avions de Transport Regional Airplanes, Foreign-Trade Zone 241, Fort Lauderdale, FL, 13473– 13436–13438 13474 Amendment and Establishment of Class E Airspace: Production Activities: Columbus, NE, 13438–13440 Dallas Airmotive, Inc.; Foreign-Trade Zone 39; Dallas/ NOTICES Fort Worth, TX, 13474 Petitions for Exemptions; Summaries: Eastman Chemical Co.; Foreign-Trade Zone 204; Tri- DroneSeed Co., 13583 Cities, TN, 13473 Southern Utah University, 13582 Kubota North America Corp.; Foreign-Trade Zone 26; Atlanta, GA, 13474 Federal Communications Commission PBR, Inc. d/b/a/ SKAPS Industries, Foreign-Trade Zone RULES 26, Atlanta, GA, 13473 Connect America Fund: Reorganizations under Alternative Site Frameworks: Phase II Auction; Notice and Filing Requirements and Foreign-Trade Zone 124, Gramercy, LA, 13474 Other Procedures for Auction 903, 13590–13620 Foreign-Trade Zone 30, Salt Lake City, UT, 13472–13473 Procedures for the Mobility Fund Phase II Challenge Process, 13417–13426 Health and Human Services Department PROPOSED RULES See Centers for Disease Control and Prevention Petitions for Reconsideration of Action in Rulemaking See Centers for Medicare & Medicaid Services Proceeding, 13463–13464 See Food and Drug Administration NOTICES See National Institutes of Health Agency Information Collection Activities; Proposals, Submissions, and Approvals, 13484–13486 Homeland Security Department Federal Emergency Management Agency See Coast Guard RULES See Federal Emergency Management Agency Suspension of Community Eligibility, 13416–13417 See U.S. Immigration and Customs Enforcement NOTICES NOTICES Agency Information Collection Activities; Proposals, Meetings: Submissions, and Approvals: Homeland Security Science and Technology Advisory National Catastrophic Resource Catalog, 13496–13497 Committee, 13497–13498

Federal Highway Administration Housing and Urban Development Department NOTICES NOTICES Environmental Impact Statements; Availability, etc.: Funding Awards: Alexander, Pulaski, and Union Counties, ILL, 13583 Housing Choice Voucher Program; Tenant Protection Voucher for Fiscal Year 2017, 13499–13506 Federal Railroad Administration Waivers and Alternative Requirements for the Jobs Plus NOTICES Initiative Program, 13506–13507 Requests for Information: Automation in the Railroad Industry, 13583–13586 Industry and Security Bureau NOTICES Federal Retirement Thrift Investment Board Meetings: NOTICES Regulations and Procedures Technical Advisory Meetings; Sunshine Act, 13487 Committee, 13474–13475

Food and Drug Administration Interior Department RULES See Land Management Bureau Good Guidance Practices; Technical Amendment, 13415– See National Park Service 13416 See Ocean Energy Management Bureau PROPOSED RULES See Reclamation Bureau Medical Gas: Public Workshop; Request for Comments, 13440–13442 International Trade Administration NOTICES NOTICES Guidance: Antidumping or Countervailing Duty Investigations, Orders, Product-Specific Guidance for Doxycycline Hyclate, or Reviews: 13488–13490 Amorphous Silica Fabric from the People’s Republic of Meetings: China, 13477 Anesthetic and Analgesic Drug Products Advisory Light-Walled Rectangular Pipe and Tube from Mexico, Committee and the Drug Safety and Risk 13475 Management Advisory Committee, 13490–13491 Monosodium Glutamate from Indonesia, 13475–13477

VerDate Sep<11>2014 21:20 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\29MRCN.SGM 29MRCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Contents V

International Trade Commission Fisheries of the Exclusive Economic Zone off Alaska: NOTICES Northern Rockfish in the Bering Sea and Aleutian Islands Investigations; Determinations, Modifications, and Rulings, Management Area, 13431–13432 etc.: Fisheries off West Coast States: Certain Access Control Systems and Components Pacific Coast Groundfish Fishery Management Plan; Thereof, 13517–13519 Authorization of an Oregon Recreational Fishery for Certain Programmable Logic Controllers Components Midwater Groundfish Species, 13428–13431 Thereof, and Products Containing Same, 13515– PROPOSED RULES 13516 Tuna Conventions Act: Certain Toner Cartridges and Components Thereof, Procedures for the Active and Inactive Vessel Register, 13516–13517 13466–13468 NOTICES Justice Department Fisheries of the Northeastern United States: See Alcohol, Tobacco, Firearms, and Explosives Bureau Summer Flounder, Scup, and Black Sea Bass Fisheries; See Drug Enforcement Administration Scoping Process, 13478–13479 NOTICES Meetings: Proposed Consent Decrees under CERCLA, Clean Water Gulf of Mexico Fishery Management Council, 13479– Act, 13524 13480 Proposed Consent Decrees: Mid-Atlantic Fishery Management Council, 13478 CERCLA, 13525 North Pacific Fishery Management Council, 13480 Clean Air Act, 13523–13525 Permit Applications: Endangered Species; File No. 21233, 13477–13478 Labor Department See Employment and Training Administration National Park Service NOTICES Land Management Bureau Meetings: NOTICES Paterson Great Falls National Historical Park Advisory Environmental Impact Statements; Availability, etc.: Commission 2018 Schedule, 13510 Alpine Satellite Development Plan for the Proposed Greater Mooses Tooth 2 Development Project, National Science Foundation National Petroleum Reserve in Alaska, 13508–13509 NOTICES Oil and Gas Leases: Meetings; Sunshine Act, 13526–13527 Proposed Reinstatement of OKNM127909, OKNM127910, OKNM127911, OKNM127912, OKNM127913, Nuclear Regulatory Commission OKNM127917, and OKNM127920, Oklahoma, NOTICES 13507–13508 Exemptions and Combined Licenses; Amendments: Proposed Reinstatement of Terminated Oil and Gas Lease Southern Nuclear Operating Company, Inc.; Vogtle WYW180886, Wyoming, 13510 Electric Generating Plant, Units 3 and 4; PXS/ADS Realty Actions: Line Resistance Changes, 13531–13532 Classification for Lease and/or Conveyance for Recreation Southern Nuclear Operating Company, Inc.; Vogtle and Public Purposes of Public Lands for a Park in the Electric Generating Plant, Units 3 and 4; Raceway Northwest Portion of the Las Vegas Valley, Clark and Cable Routing, 13530–13531 County, NV, 13509–13510 Southern Nuclear Operating Company, Inc.; Vogtle Electric Generating Plant, Units 3 and 4; Reactor Millennium Challenge Corporation Vessel Head Vent Capacity, 13528–13530 NOTICES Southern Nuclear Operating Company, Inc.; Vogtle Meetings: Electric Generating Plant, Units 3 and 4; Testing Millennium Challenge Corporation Advisory Council, Inspections, Tests, Analyses, and Acceptance Criteria 13526 Consolidation, 13527–13528 National Aeronautics and Space Administration Ocean Energy Management Bureau NOTICES NOTICES Exclusive Patent Licenses; Approvals, 13526 Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Institutes of Health 30 CFR 550, Subpart B, Plans and Information, 13511– NOTICES 13514 Government-Owned Inventions; Availability for Licensing, 13494–13495 Patent and Trademark Office Meetings: NOTICES Eunice Kennedy Shriver National Institute of Child Agency Information Collection Activities; Proposals, Health and Human Development, 13495–13496 Submissions, and Approvals: Fastener Quality Act Insignia Recordal Process, 13480– National Oceanic and Atmospheric Administration 13481 RULES Fisheries of the Caribbean, Gulf of Mexico, and South Pipeline and Hazardous Materials Safety Administration Atlantic: PROPOSED RULES Reef Fish Fishery of the Gulf of Mexico; Modifications to Regulatory Challenges to Safely Transporting Hazardous Greater Amberjack Recreational Fishing Year and Materials by Surface Modes in an Automated Vehicle Fixed Closed Season, 13426–13428 Environment; Correction, 13464–13466

VerDate Sep<11>2014 21:20 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\29MRCN.SGM 29MRCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN VI Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Contents

Postal Regulatory Commission Surface Transportation Board NOTICES NOTICES New Postal Products, 13532–13533 Abandonment Exemptions: Union Pacific Railroad Co.; Harris County, TX, 13581– Postal Service 13582 NOTICES Product Changes: Transportation Department Priority Mail Negotiated Service Agreement, 13533–13534 See Federal Aviation Administration Presidential Documents See Federal Highway Administration See Federal Railroad Administration PROCLAMATIONS See Pipeline and Hazardous Materials Safety Special Observances: Education and Sharing Day, U.S.A. (Proc. 9712), 13621– Administration 13624 Treasury Department Reclamation Bureau NOTICES NOTICES Agency Information Collection Activities; Proposals, Charter Renewals: Submissions, and Approvals, 13586–13588 Yakima River Basin Conservation Advisory Group, Agency Information Collection Activities; Proposals, 13514–13515 Submissions, and Approvals: Changes in Periods of Accounting, 13588 Securities and Exchange Commission NOTICES U.S. Immigration and Customs Enforcement Filings: NOTICES Consolidated Tape Association, 13539–13542 Agency Information Collection Activities; Proposals, Self-Regulatory Organizations; Proposed Rule Changes: Submissions, and Approvals, 13498–13499 Cboe BYX Exchange, Inc., 13534–13537 Cboe BZX Exchange, Inc., 13577–13580 Cboe EDGA Exchange, Inc., 13544–13547 Cboe EDGX Exchange, Inc., 13574–13577 Separate Parts In This Issue Cboe Exchange, Inc., 13552–13553 Joint Industry Plan, 13542–13544 Part II New York Stock Exchange LLC, 13553–13574 Federal Communications Commission, 13590–13620 NYSE Arca, Inc., 13537–13539 The Nasdaq Stock Market LLC, 13547–13552 Part III Presidential Documents, 13621–13624 Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Reader Aids Submissions, and Approvals, 13580 Consult the Reader Aids section at the end of this issue for Requests for Nominations: phone numbers, online resources, finding aids, and notice Small Business Regional Regulatory Fairness Boards, of recently enacted public laws. 13580–13581 To subscribe to the Federal Register Table of Contents State Department electronic mailing list, go to https://public.govdelivery.com/ NOTICES accounts/USGPOOFR/subscriber/new, enter your e-mail Meetings: address, then follow the instructions to join, leave, or Fine Arts Committee, 13581 manage your subscription.

VerDate Sep<11>2014 21:20 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4748 Sfmt 4748 E:\FR\FM\29MRCN.SGM 29MRCN sradovich on DSK3GMQ082PROD with FRONT MATTER CN Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Contents VII

CFR PARTS AFFECTED IN THIS ISSUE

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

3 CFR Proclamations: 9712...... 13623 7 CFR 319...... 13375 906...... 13378 Proposed Rules: 319...... 13433 14 CFR 39 (6 documents) ...... 13380, 13383, 13387, 13395, 13398, 13401 71...... 13404 93...... 13410 97 (2 documents) ...... 13411, 13414 Proposed Rules: 39...... 13436 71...... 13438 21 CFR 10...... 13415 Proposed Rules: Ch. I ...... 13440 27 CFR Proposed Rules: 447...... 13442 478...... 13442 479...... 13442 40 CFR Proposed Rules: 52...... 13457 79...... 13460 44 CFR 64...... 13416 47 CFR 54 (2 documents) ...... 13417, 13590 Proposed Rules: 15...... 13463 73...... 13463 74...... 13463 76...... 13463 49 CFR Proposed Rules: 107...... 13464 171...... 13464 172...... 13464 173...... 13464 174...... 13464 177...... 13464 178...... 13464 179...... 13464 180...... 13464 50 CFR 622...... 13426 660...... 13428 679...... 13431 Proposed Rules: 300...... 13466

VerDate Sep 11 2014 21:35 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\29MRLS.LOC 29MRLS amozie on DSK30RV082PROD with FRONT MATTER LS 13375

Rules and Regulations Federal Register Vol. 83, No. 61

Thursday, March 29, 2018

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Ms. Pest Risk Mitigations contains regulatory documents having general Claudia Ferguson, Senior Regulatory An issue of concern to several applicability and legal effect, most of which Policy Specialist, Regulatory are keyed to and codified in the Code of commenters was the potential Coordination and Compliance, Imports, introduction of the false red mite into Federal Regulations, which is published under Regulations, and Manuals, PPQ, APHIS, 50 titles pursuant to 44 U.S.C. 1510. the United States via infested fresh 4700 River Road Unit 133, Riverdale, cherimoya fruit from Chile. One The Code of Federal Regulations is sold by MD 20737–1231; (301) 851–2352. commenter stated that the post-harvest the Superintendent of Documents. SUPPLEMENTARY INFORMATION: procedures noted in the pest risk assessment (PRA) of blowing fruit with Background compressed air to remove dust and DEPARTMENT OF AGRICULTURE Under the regulations in ‘‘Subpart— insects, along with selection and Animal and Plant Health Inspection Fruits and Vegetables’’ (7 CFR 319.56– manual packing of the fruit, would be insufficient to reliably remove pests Service 1 through 319.56–81, referred to below from the pathway of fresh fruit imported as the regulations or the fruits and into the continental United States. 7 CFR Part 319 vegetables regulations), the Animal and Another commenter also was concerned Plant Health Inspection Service (APHIS) [Docket No. APHIS–2015–0015] about the testing of only two or three of the United States Department of fruit samples from each registered RIN 0579–AE13 Agriculture (USDA) prohibits or production site, wanting to ensure that restricts the importation of fruits and sample sizes would be large enough to Importation of Fresh Cherimoya Fruit vegetables into the United States from prevent pest-infested fruit from entering From Chile Into the United States certain parts of the world to prevent citrus and grape production areas in the AGENCY: Animal and Plant Health plant pests from being introduced into United States. This commenter Inspection Service, USDA. and spread within the United States. suggested incorporating an additional ACTION: Final rule. Currently, pursuant to 7 CFR 319.56– checkpoint test for false red mite on 4(a), fresh cherimoya (Annona random fruit samples in the packaging SUMMARY: We are amending the cherimola) fruit from Chile may be sites prior to clearance for export. regulations to allow the importation of imported into the United States We note that the mitigations fresh cherimoya fruit from Chile into the provided that the shipment has mentioned by the first commenter are continental United States in accordance undergone a soapy water and wax standard industry practices, not the with a systems approach as an treatment (T102-b) in accordance with mitigations for false red mite (though alternative to the current required the Plant Protection and Quarantine the standard industry practices may treatment. Commercial consignments of Treatment Manual to mitigate against remove some mites from the pathway). fresh cherimoya fruit are currently infestation by the false red mite Chile will be allowed to export fresh authorized entry into all ports of the (Brevipalpus chilensis), is accompanied cherimoya fruit to the United States United States from Chile subject to a by a permit, and subjected to inspection subject to either a soapy water and wax mandatory soapy water and wax and shipping procedures. treatment (as currently allowed), or treatment. The systems approach On April 4, 2016, we published in the through a systems approach based on includes requirements for production Federal Register (81 FR 19060–19063, low pest prevalence. Orchard and site registration, low pest prevalence Docket No. APHIS–2015–0015) a packinghouse inspections will be area certification, post-harvest proposal 1 to amend the regulations to required to verify and maintain place of processing, and inspection at the also allow for the importation of fresh production freedom from false red mite. packinghouse. The fruit will also be cherimoya fruit from Chile into the Chile is currently using the same required to be imported in commercial continental United States provided that systems approach for a number of other consignments and accompanied by a fruit is produced in accordance with a commodities (e.g. citrus, baby kiwi, phytosanitary certificate with an systems approach, as an alternative to pomegranate, and kiwi) with a high additional declaration stating that the the currently required treatment. success rate, and there have been almost consignment was produced in no findings of false red mite associated We solicited comments concerning accordance with the regulations. Fresh with the importation of susceptible our proposal for 60 days ending June 3, cherimoya fruit that does not meet the commodities from Chile at U.S. ports of 2016. We received 26 comments by that conditions of the systems approach or is entry. Chile will be taking 100 samples date. They were from importers, imported into locations outside the from each production site to verify low exporters, distributors, organizations, continental United States will continue prevalence; these samples will undergo private citizens, and representatives of to be allowed to be imported into the pest detection and evaluation using a State and foreign governments. Of these, United States subject to the current washing method where the fruit will be 17 were supportive of the proposed soapy water and wax treatment. This placed in a 20-mesh sieve on top of a action. The remainder are discussed will allow for the importation of fresh 200-mesh sieve, sprinkled with a liquid below, by topic. cherimoya fruit from Chile while soap and water solution, washed with continuing to provide protection against water at high pressure, and washed with the introduction of plant pests into the 1 To view the proposed rule, supporting documents, and the comments we received, go to water at low pressure. The process will continental United States. http://www.regulations.gov/ then be repeated. Then the sieve DATES: Effective April 30, 2018. #!docketDetail;D=APHIS-2015-0015. contents will undergo microscopic

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13376 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

analysis to detect the presence of false for commodities imported into the during the preclearance program red mite. Each shipment of fruit United States pursuant to a systems inspection. One of these commenters destined for the United States also will approach; this current operational also expressed concern regarding the be sampled for false red mite, usually workplan will be revised to reflect the use of biometric sampling instead of the amounting to 150 fruit, using the same contents of this final rule. USDA offices 2 percent currently used for washing method. Contrary to the second in Chile make possible the supervision phytosanitary inspections of fresh commenter’s assertion, many more than of all phytosanitary aspects of each cherimoya fruit. The commenter stated two or three samples will be taken to export shipment, whether fumigated, that this represented a larger number of verify that false red mite is not present. treated with soapy water and wax, or fruit and therefore would result in a The sampling will be done in Chile inspected, thus providing the necessary greater loss of boxes from commercial under the supervision of APHIS quarantine assurances to the U.S. batches if sampled fruit is to be preclearance employees. The sampling market. All activities related to discarded. rate for the fruit is designed to detect a implementation of system approaches During the preclearance program 2 percent or greater infestation rate with for export are directly supervised by inspection in Chile, any consignments 95 percent confidence. USDA personnel. There is sufficient containing false red mite will be One commenter questioned why the oversight for all treatment of fruit bound rejected and the production sites will be alternative conditions for the for export from Chile to the United removed from the program for the rest importation of cherimoyas was being States. of that harvest season. Production sites proposed and asked if it was a reflection If a commodity arrives in the United will have to requalify as low prevalence of cost, stating that cost-saving measures States and is found to be infested with before they can ship in the next season. alone should not be adopted if they a quarantine pest, treatment will be With respect to the issue of biometric increase the potential for greater offered only if there is an APHIS- sampling, the proposed method is not phytosanitary risk. approved treatment available. For fresh destructive sampling. Once the The original soapy water and wax cherimoya fruit from Chile, the only biometric sample is drawn from each treatment for cherimoya is older than approved treatment for false red mite is consignment of fruit, the fruit will be the systems approach. Chile requested the soapy water and wax treatment, visually inspected for quarantine pests the systems approach as an option for which must be performed in the country and a portion of the biometric sample fresh cherimoya fruit being exported to of origin. As there is no APHIS- must be washed with soapy water. The the continental United States, and we approved treatment option for infested collected filtrate after washing must have determined that it provides an fresh cherimoya fruit at U.S. ports of then be microscopically examined for equivalent level of phytosanitary entry at this time, consignments found the presence of false red mite. Fruit security. to be infested with quarantine pests samples that do not contain false red One commenter expressed support for would have to be re-exported or mite can simply be washed and placed the proposed rule with the caveat that destroyed. back into their boxes. APHIS will select any treatments conducted be equivalent Another commenter requested that the sampling rate based on the to those required domestically, and that fresh cherimoya fruit produced under hypergeometric distribution; normally any imported fruit not meeting proper this systems approach not be shipped to find a 2 percent pest population, 150 standards upon arrival in the United into certain States due to the exotic fruits will be inspected. Except for very States receive additional treatment so as pest-conducive environments in the small shipments, a 2 percent straight not to waste the fruit. Chilean production area, which in turn sample will require sampling more fruit The Tripartite Agreement on would place a high risk of infestation on than the hypergeometric distribution Phytosanitary Cooperation between the States’ broad range of fruit and would require. Again, we note that this USDA, Chilean Association of Fresh vegetable crops. is not destructive sampling, but merely Fruit Exporters, and the Agriculture and We do not agree with this commenter. a wash for mite, after which, uninfested Livestock Service of the Chilean Though not unprecedented, taking this fruits would be returned to their boxes. Ministry of Agriculture has been in kind of action for such a minor Economic Impacts operation since 1982. This agreement commodity would be unusual. APHIS requires that all fruit exported to the believes that the proposed systems One commenter expressed concern United States be shipped from Chile approach mitigations are sufficient to that the proposed regulation does not with the required phytosanitary provide phytosanitary protection. As provide a monetary assessment or a certification (preclearance program). previously indicated, the systems prediction of how the regulation would Under the preclearance program, the approach currently is being used for impact the price of fruit. national plant protection organization citrus, baby kiwi, pomegranate, and We do not have information on (NPPO) of Chile must provide an kiwi with a high success rate, with whether the systems approach allowed operational workplan to APHIS that almost no interceptions of false red mite by this rule will lower the cost of details the activities that the NPPO of at U.S. ports of entry. Furthermore, from exporting fresh cherimoya fruit from Chile will, subject to APHIS’ approval of 1984 to 2013 there have been no Chile to the United States, in the workplan, carry out to comply with interceptions of Brevipalpus chilensis comparison to the current soapy water our regulations governing the import or on cherimoya from Chile.2 and wax treatment for false red mite, or export of a specific commodity. Following post-harvest processing, on the extent to which any cost savings Operational workplans establish fresh cherimoya fruit must undergo may be passed on to U.S. importers. We procedures and guidance for the day-to- inspection and sampling to check for expect cost savings due to this rule will day operations of specific import/export the presence of false red mites. Two be minimal. We also expect any increase programs, specify how phytosanitary commenters stated that checking for the in the quantity of fresh cherimoya fruit issues are dealt with in the exporting pest presence in fruit should be done imported from Chile because of this rule country, and make clear who is only in the final stages of the process to be limited, given that over 80 percent responsible for dealing with those of Chile’s fresh cherimoya fruit exports issues. APHIS and the NPPO of Chile 2 See footnote 1 for a link to the Commodity are already destined for the United have an existing operational workplan Import Evaluation Document. States. If modest price or quantity

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13377

effects for fresh cherimoya fruit imports Health Inspection Service has Authority: 7 U.S.C. 450, 7701–7772, and from Chile do occur, impacts for U.S. determined that this action will not 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR producers will be slight because of have a significant economic impact on 2.22, 2.80, and 371.3. different marketing seasons. As reported a substantial number of small entities. ■ 2. Section 319.56–82 is added to read by the Agricultural Marketing Resource Executive Order 12988 as follows: Center,3 the marketing season for fresh California cherimoya fruit usually starts This final rule allows fresh cherimoya § 319.56–82 Fresh cherimoya from Chile. in January and lasts until May. Fresh fruit to be imported into the continental Fresh cherimoya (Annona cherimola) cherimoya fruit imports from South United States from Chile under a fruit may be imported into the United America (mainly from Chile) are usually systems approach. State and local laws States from Chile only under the in the fall. and regulations regarding fresh following conditions and in accordance cherimoya fruit imported under this with all other applicable provisions of Miscellaneous rule will be preempted while the fruit this subpart. These conditions are We have made minor, nonsubstantive is in foreign commerce. Fresh fruits are designed to prevent the introduction of changes to clarify a few provisions in generally imported for immediate the following quarantine pest: the regulatory text. These editorial distribution and sale to the consuming Brevipalpus chilensis mites. changes do not substantively affect the public, and remain in foreign commerce (a) Commercial consignments. The import requirements. until sold to the ultimate consumer. The fresh cherimoya fruit may be imported Therefore, for the reasons given in the question of when foreign commerce in commercial consignments only. proposed rule and this document, we ceases in other cases must be addressed (b) The risks presented by Brevipalpus are adopting the proposed rule as a final on a case-by-case basis. No retroactive chilensis mites must be addressed in rule, with the changes discussed in this effect will be given to this rule, and this one of the following ways: document. rule will not require administrative (1) Importation into the United States. proceedings before parties may file suit The fresh cherimoya fruit are subject to Executive Orders 12866 and 13771 and in court challenging this rule. treatment and certification consisting of: Regulatory Flexibility Act (i) A soapy water and wax treatment, Paperwork Reduction Act This final rule has been determined to in accordance with part 305 of this be not significant for the purposes of In accordance with section 3507(d) of chapter. Executive Order 12866 and, therefore, the Paperwork Reduction Act of 1995 (ii) Each consignment of fresh has not been reviewed by the Office of (44 U.S.C. 3501 et seq.), the information cherimoya fruit must be accompanied Management and Budget. Further, collection requirements included in this by documentation to validate foreign because this final rule is not significant, final rule, which were filed under site preclearance inspection after soapy it is not a regulatory action under control number 0579–0444, have been water and wax treatment completed in Executive Order 13771. submitted for approval to the Office of Chile; or In accordance with the Regulatory Management and Budget (OMB). When (2) Importation into the Continental Flexibility Act, we have analyzed the OMB notifies us of its decision, if United States. The fresh cherimoya fruit potential economic effects of this action approval is denied, we will publish a are subject to a systems approach on small entities. The analysis is document in the Federal Register consisting of the following: summarized below. Copies of the full providing notice of what action we plan (i) Production site registration. The analysis are available on the to take. production site where the fruit is grown must be registered with the national Regulations.gov website (see footnote 1 E-Government Act Compliance plant protection organization (NPPO) of in this document for a link to The Animal and Plant Health Regulations.gov) or by contacting the Chile. Harvested cherimoya must be Inspection Service is committed to placed in field cartons or containers that person listed under FOR FURTHER compliance with the E-Government Act are marked to show the official INFORMATION CONTACT. to promote the use of the internet and registration of the production site. Over 80 percent of Chile’s fresh other information technologies, to cherimoya fruit exports are to the Registration must be renewed annually. provide increased opportunities for (ii) Low-prevalence production site United States. Any economic impact of citizen access to Government certification. The fruit must originate this rule for U.S. entities will be minor information and services, and for other from a low-prevalence production site because the volume of fresh cherimoya purposes. For information pertinent to to be imported under the conditions in fruit imported from Chile is not E-Government Act compliance related this section. Between 1 and 30 days expected to change significantly. Any to this rule, please contact Ms. Kimberly prior to harvest, random samples of effect on fresh cherimoya fruit prices Hardy, APHIS’ Information Collection leaves must be collected from each received by U.S. producers will be all Coordinator, at (301) 851–2483. registered production site under the the more muted because of the direction of the NPPO of Chile. These difference in marketing seasons. As List of Subjects in 7 CFR Part 319 samples must undergo a pest detection previously indicated, the Agricultural Coffee, Cotton, Fruits, Imports, Logs, and evaluation method as follows: The Marketing Resource Center reports that Nursery stock, Plant diseases and pests, leaves must be washed using a flushing the season for fresh California Quarantine, Reporting and method, placed in a 20-mesh sieve on cherimoya fruit usually starts in January recordkeeping requirements, Rice, top of a 200-mesh sieve, sprinkled with and lasts until May. Fresh cherimoya Vegetables. a liquid soap and water solution, fruit from South America (mainly from Accordingly, we are amending 7 CFR washed with water at high pressure, and Chile) usually is imported in the fall. part 319 as follows: washed with water at low pressure. The Under these circumstances, the process must then be repeated. The Administrator of the Animal and Plant PART 319–FOREIGN QUARANTINE NOTICES contents of the 200-mesh sieve must 3 This information may be viewed on the internet then be placed on a petri dish and ■ at http://www.agmrc.org/commodities-products/ 1. The authority citation for part 319 analyzed for the presence of live B. fruits/cherimoya/. continues to read as follows: chilensis mites. If a single live B.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13378 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

chilensis mite is found, the production NPPO of Chile that contains an SUPPLEMENTARY INFORMATION: This site will not qualify for certification as additional declaration stating that the action, pursuant to 5 U.S.C. 553, a low-prevalence production site. Each fruit in the consignment was inspected amends regulations issued to carry out production site may have only one and found free of Brevipalpus chilensis a marketing order as defined in 7 CFR opportunity per season to qualify as a and was grown, packed, and shipped in 900.2(j). This rule is issued under low-prevalence production site, and accordance with the requirements of Marketing Agreement and Order No. certification of low prevalence will be § 319.56–82(b)(2). 906, as amended (7 CFR part 906), valid for one harvest season only. The (Approved by the Office of Management regulating the handling of oranges and NPPO of Chile will present a list of and Budget under control number 0579– grapefruit grown in the Lower Rio certified production sites to APHIS. 0444) Grande Valley in Texas. Part 906 Fruit from those production sites that do (referred to as the ‘‘Order’’), is effective not meet the requirements for Done in Washington, DC, this 23rd day of under the Agricultural Marketing March 2018. certification as low-prevalence Agreement Act of 1937, as amended (7 production sites may still be imported Kevin Shea, U.S.C. 601–674), hereinafter referred to into the United States subject to Administrator, Animal and Plant Health as the ‘‘Act.’’ The Committee locally treatment as listed in paragraph (b)(1) of Inspection Service. administers the Order and is comprised this section. [FR Doc. 2018–06289 Filed 3–28–18; 8:45 am] of producers and handlers of oranges (iii) Post-harvest processing. After BILLING CODE 3410–34–P and grapefruit operating within the harvest, all damaged or diseased fruits production area. must be culled at the packinghouse and The Department of Agriculture remaining fruit must be packed into DEPARTMENT OF AGRICULTURE (USDA) is issuing this rule in new, clean boxes, crates, or other conformance with Executive Orders Agricultural Marketing Service APHIS-approved packing containers. 13563 and 13175. This action falls (iv) Phytosanitary inspection. Fruit within a category of regulatory actions must be inspected in Chile at an APHIS- 7 CFR Part 906 that the Office of Management and approved inspection site under the [Doc. No. AMS–SC–17–0037; SC17–906–1 Budget (OMB) exempted from Executive direction of APHIS inspectors in FR] Order 12866 review. Additionally, coordination with the NPPO of Chile because this rule does not meet the following any post-harvest processing. Oranges and Grapefruit Grown in the definition of a significant regulatory A biometric sample must be drawn and Lower Rio Grande Valley in Texas; action, it does not trigger the examined from each consignment. Fresh Decreased Assessment Rate requirements contained, in Executive cherimoya fruit can be shipped to the AGENCY: Agricultural Marketing Service, Order 13771. See OMB’s Memorandum continental United States under the USDA. titled ‘‘Interim Guidance Implementing systems approach only if the Section 2 of the Executive Order of ACTION: consignment passes inspection. Any Final rule. January 30, 2017, titled ‘‘Reducing consignment that does not meet the SUMMARY: This rule implements a Regulation and Controlling Regulatory requirements of this paragraph for recommendation from the Texas Valley Costs’’ (February 2, 2017). inspection can still be imported into the Citrus Committee (Committee) to This rule has been reviewed under United States subject to treatment as decrease the assessment rate established Executive Order 12988, Civil Justice listed in paragraph (b)(1) of this section. for the 2017–18 and subsequent fiscal Reform. Under the provisions of the Inspection procedures are as follows: periods for oranges and grapefruit Order now in effect, Texas orange and (A) Fruit presented for inspection handled under Marketing Order 906. grapefruit handlers are subject to must be identified in the shipping The assessment rate will remain in assessments. Funds to administer the documents accompanying each lot of effect indefinitely unless modified, Order are derived from such fruit to specify the production site or assessments. It is intended that the suspended, or terminated. This rule also sites in which the fruit was produced assessment rate will be applicable to all makes administrative revisions to the and the packing shed or sheds in which assessable oranges and grapefruit subpart headings of the Order. the fruit was processed. This beginning on August 1, 2017, and identification must be maintained until DATES: Effective April 30, 2018. continue until amended, suspended, or the fruit is released for entry into the FOR FURTHER INFORMATION CONTACT: terminated. United States. Doris Jamieson, Marketing Specialist, or The Act provides that administrative (B) A biometric sample of the boxes, Christian D. Nissen, Regional Director, proceedings must be exhausted before crates, or other APHIS-approved Southeast Marketing Field Office, parties may file suit in court. Under packing containers from each Marketing Order and Agreement section 608c(15)(A) of the Act, any consignment will be selected by the Division, Specialty Crops Program, handler subject to an order may file NPPO of Chile, and the fruit from these AMS, USDA; Telephone: (863) 324– with USDA a petition stating that the boxes, crates, or other APHIS-approved 3375, Fax: (863) 291–8614, or Email: order, any provision of the order, or any packing containers will be visually [email protected] or obligation imposed in connection with inspected for quarantine pests. If a [email protected]. the order is not in accordance with law single live B. chilensis mite is found Small businesses may request and request a modification of the order during the inspection process, the information on complying with this or to be exempted therefrom. Such certified low-prevalence production site regulation by contacting Richard Lower, handler is afforded the opportunity for where the fruit was grown will lose its Marketing Order and Agreement a hearing on the petition. After the certification for the remainder of the Division, Specialty Crops Program, hearing, USDA would rule on the harvest season. AMS, USDA, 1400 Independence petition. The Act provides that the (v) Phytosanitary certificate. Each Avenue SW, STOP 0237, Washington, district court of the United States in any consignment of fresh cherimoya fruit DC 20250–0237; Telephone: (202) 720– district in which the handler is an must be accompanied by a 2491, Fax: (202) 720–8938, or Email: inhabitant, or has his or her principal phytosanitary certificate issued by the [email protected]. place of business, has jurisdiction to

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13379

review USDA’s ruling on the petition, to cover budgeted expenses of $152,920. 2015–16 season was approximately provided an action is filed not later than Funds in the reserve (currently $17.48 per box and total shipments were 20 days after the date of the entry of the $282,572) will be kept within the 7.5 million boxes. Using the average ruling. maximum permitted by the Order price and shipment information, the The Order provides authority for the (approximately one fiscal period’s number of handlers (13), and assuming Committee, with the approval of USDA, expenses as stated in § 906.35). a normal distribution, the majority of to formulate an annual budget of The assessment rate established in handlers would have average annual expenses and collect assessments from this rule will continue in effect receipts of greater than $7,500,000. handlers to administer the program. The indefinitely unless modified, Thus, the majority of Texas citrus members are familiar with the suspended, or terminated by USDA handlers may be classified as large Committee’s needs and with the costs of upon recommendation and information business entities. goods and services in their local area submitted by the Committee or other In addition, based on information and are thus in a position to formulate available information. from the National Agricultural Statistics an appropriate budget and assessment Although this assessment rate will be Service, the weighted grower price for rate. The assessment rate is formulated in effect for an indefinite period, the Texas citrus during the 2015–16 season and discussed in a public meeting. Committee will continue to meet prior was approximately $14.64 per box. Thus, all directly affected persons have to or during each fiscal period to Using the weighted average price and an opportunity to participate and recommend a budget of expenses and shipment information, and assuming a provide input. consider recommendations for normal distribution, the majority of This rule decreases the assessment modification of the assessment rate. The producers would have annual receipts rate from $0.09, the rate that was dates and times of Committee meetings of less than $750,000. Thus, the majority established for the 2016–17 and are available from the Committee or of Texas citrus producers may be subsequent fiscal periods, to $0.02 per USDA. Committee meetings are open to classified as small business entities. 7/10-bushel carton or equivalent of the public and interested persons may This rule decreases the assessment oranges and grapefruit handled for the express their views at these meetings. rate collected from handlers for the 2017–18 and subsequent fiscal periods. USDA will evaluate Committee 2017–18 and subsequent fiscal periods The decrease reflects a reduction in recommendations and other available from $0.09 to $0.02 per 7/10-weight expenses of more than $595,000 from information to determine whether bushel carton or equivalent of Texas not funding the Mexican fruit fly control modification of the assessment rate is citrus. The Committee unanimously program. needed. Further rulemaking will be recommended 2017–18 expenditures of The Committee met on August 8, undertaken as necessary. The $152,920 and an assessment rate of 2017, and unanimously recommended Committee’s 2017–18 budget and those $0.02 per 7/10-bushel carton or 2017–18 expenditures of $152,920 and for subsequent fiscal periods would be equivalent handled. The assessment rate an assessment rate of $0.02 per 7/10- reviewed and, as appropriate, approved of $0.02 is $0.07 lower than the 2016– bushel carton or equivalent of oranges by USDA. 17 rate. The quantity of assessable and grapefruit. The assessment rate of oranges and grapefruit for the 2017–18 $0.02 is $0.07 lower than the rate Final Regulatory Flexibility Analysis fiscal period is estimated at 7.5 million currently in effect. The Committee Pursuant to requirements set forth in 7/10-bushel cartons. Thus, the $0.02 recommended decreasing the the Regulatory Flexibility Act (RFA) (5 rate should provide $150,000 in assessment rate to reflect that they U.S.C. 601–612), the Agricultural assessment income. Income derived would not be funding the Mexican fruit Marketing Service (AMS) has from handler assessments, along with fly control program, reducing their considered the economic impact of this interest income and funds from the budget by more than $595,000. Income rule on small entities. Accordingly, Committee’s authorized reserve, should derived from handler assessments, along AMS has prepared this final regulatory be adequate to cover budgeted expenses. with interest income and funds from the flexibility analysis. The major expenditures Committee’s authorized reserve, will be The purpose of the RFA is to fit recommended by the Committee for the adequate to cover budgeted expenses. regulatory actions to the scale of 2017–18 year include $79,220 for Of the total $152,920 budgeted for the businesses subject to such actions in management, $50,000 for compliance, 2017–18 fiscal period, major order that small businesses will not be and $23,700 for operating expenses. expenditures recommended by the unduly or disproportionately burdened. Budgeted expenses for these items in Committee include $79,220 for Marketing orders issued pursuant to the 2016–17 were $77,200, $50,000, and management, $50,000 for compliance, Act, and the rules issued thereunder, are $23,700, respectively. and $23,700 for operating expenses. unique in that they are brought about The Committee recommended Compared to the previous fiscal year’s through group action of essentially decreasing the assessment rate to reflect budget of $751,148, budgeted expenses small entities acting on their own that it would not be funding the for these items in 2016–17 were behalf. Mexican fruit fly control program, $77,200, $50,000, and $23,700, There are approximately 170 reducing its budget by more than respectively. producers of oranges and grapefruit in $595,000. The assessment rate recommended by the production area and 13 handlers Prior to arriving at this budget and the Committee was derived by subject to regulation under the Order. assessment rate, the Committee considering anticipated expenses, Small agricultural producers are defined considered information from various expected shipments, and the amount of by the Small Business Administration sources, such as the Committee’s Budget funds available in the authorized (SBA) as those having annual receipts and Personnel Committee, and the reserve. Income derived from handler less than $750,000, and small Research Committee. Alternative assessments calculated at $150,000 (7.5 agricultural service firms are defined as expenditure levels were discussed by million 7/10-bushel cartons assessed at those whose annual receipts are less these committees who reviewed the $0.02 per carton), along with interest than $7,500,000 (13 CFR 121.201). relative value of various activities to the income and funds from the Committee’s According to Committee data, the Texas citrus industry. These committees authorized reserve, should be adequate average price for Texas citrus during the determined that all program activities

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13380 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

were adequately funded and essential to use of the internet and other [Subpart Redesignated as Subpart B the functionality of the Order, thus no information technologies to provide and Amended] alternate expenditure levels were increased opportunities for citizen deemed appropriate. Additionally, access to Government information and ■ 3. Redesignate ‘‘Subpart—Rules and alternate assessment rates of $0.01 and services, and for other purposes. Regulations’’ as subpart B and revise the $0.015 per 7/10 bushel-carton were A proposed rule concerning this heading to read as follows: discussed. However, it was determined action was published in the Federal that these lower assessment rates would Register on December 4, 2017 (82 FR Subpart B—Administrative draw too heavily from reserves, roughly 57164). Copies of the proposed rule Requirements $78,000 and $43,000, respectively. The were also mailed or sent via facsimile to ■ 4. Section 906.235 is revised to read proposed rate of $0.02 per 7/10 bushel- all Texas citrus handlers. Finally, the as follows: carton would draw an anticipated proposal was made available through $2,800 from reserves, thereby leaving the internet by USDA and the Office of § 906.235 Assessment rate. reserves intact for future needs. the Federal Register. A 30-day comment On and after August 1, 2017, an A review of historical information and period ending January 3, 2018, was assessment rate of $0.02 per 7/10-bushel preliminary information pertaining to provided for interested persons to carton or equivalent is established for the upcoming fiscal period indicates respond to the proposal. Two comments oranges and grapefruit grown in the that the average grower price for the were received, one in support of the Lower Rio Grande Valley in Texas. 2017–18 season should be change, and one comment outside the approximately $15.50 per 7/10-bushel scope of this action. One commenter in [Subpart Redesignated as Subpart C] carton or equivalent of oranges and support of the action stated that the grapefruit. Therefore, the estimated reduced rate is fair and continues to ■ 5. Redesignate ‘‘Subpart—Container assessment revenue for the 2017–18 allow the Committee to pay its and Pack Requirements’’ as ‘‘Subpart crop year as a percentage of total grower expenses. Administrative revisions to C—Container and Pack Requirements.’’ revenue would be about 0.1 percent. the subpart headings were included in Dated: March 23, 2018. This action decreases the assessment the proposed rule. No comments were obligation imposed on handlers. Bruce Summers, received on those changes. Accordingly, Acting Administrator, Agricultural Marketing Assessments are applied uniformly on no changes will be made to the rule as all handlers, and some of the costs may Service. proposed, based on the comments [FR Doc. 2018–06282 Filed 3–28–18; 8:45 am] be passed on to producers. However, received. decreasing the assessment rate reduces A small business guide on complying BILLING CODE 3410–02–P the burden on handlers, and may reduce with fruit, vegetable, and specialty crop the burden on producers. marketing agreements and orders may The Committee’s meeting was widely be viewed at: http://www.ams.usda.gov/ DEPARTMENT OF TRANSPORTATION publicized throughout the Texas citrus rules-regulations/moa/small-businesses. Federal Aviation Administration industry and all interested persons were Any questions about the compliance invited to attend the meeting and guide should be sent to Richard Lower 14 CFR Part 39 participate in Committee deliberations at the previously mentioned address in on all issues. Like all Committee the FOR FURTHER INFORMATION CONTACT [Docket No. FAA–2017–1011; Product meetings, the August 8, 2017, meeting section. Identifier 2017–SW–004–AD; Amendment was a public meeting and all entities, After consideration of all relevant 39–19232; AD 2018–07–01] both large and small, were able to material presented, including the RIN 2120–AA64 express views on this issue. information and recommendation In accordance with the Paperwork submitted by the Committee and other Airworthiness Directives; Airbus Reduction Act of 1995 (44 U.S.C. available information, it is hereby found Helicopters Deutschland GmbH (Type Chapter 35), the Order’s information that this rule will tend to effectuate the Certificate Previously Held by collection requirements have been declared policy of the Act. Eurocopter Deutschland GmbH) previously approved by OMB and assigned OMB No. 0581–0189, Fruit List of Subjects in 7 CFR Part 906 AGENCY: Federal Aviation Crops. No changes in those Grapefruit, Marketing agreements, Administration (FAA), DOT. requirements as a result of this action Oranges, Reporting and recordkeeping ACTION: Final rule. are necessary. Should any changes requirements. become necessary, they would be SUMMARY: We are superseding For the reasons set forth in the Airworthiness Directive (AD) 2013–16– submitted to OMB for approval. preamble, 7 CFR part 906 is amended as This rule imposes no additional 14 for Eurocopter Deutschland GmbH follows: reporting or recordkeeping requirements (now Airbus Helicopters Deutschland on either small or large Texas orange PART 906—ORANGES AND GmbH) Model EC 135 P1, P2, P2+, T1, and grapefruit handlers. As with all GRAPEFRUIT GROWN IN LOWER RIO T2, and T2+ helicopters. AD 2013–16– Federal marketing order programs, GRANDE VALLEY IN TEXAS 14 required installing a washer in and reports and forms are periodically modifying the main transmission filter reviewed to reduce information ■ 1. The authority citation for 7 CFR housing upper part. Since we issued AD requirements and duplication by part 906 continues to read as follows: 2013–16–14, Airbus Helicopters Deutschland GmbH has extended the industry and public sector agencies. As Authority: 7 U.S.C. 601–674. noted in the initial regulatory flexibility overhaul interval for the main analysis, USDA has not identified any [Subpart Redesignated as Subpart A] transmission and determined that other relevant Federal rules that duplicate, models may have the same unsafe overlap, or conflict with this final rule. ■ 2. Redesignate ‘‘Subpart—Order condition. This AD retains the AMS is committed to complying with Regulating Handling’’ as ‘‘Subpart A— requirements of AD 2013–16–14, adds the E-Government Act, to promote the Order Regulating Handling.’’ models to the applicability, and revises

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13381

the required compliance time for the Helicopters Deutschland GmbH) Model reworking the affected upper part at the modification. The actions of this AD are EC135 P1, P2, P2+, T1, T2, and T2+ next repair or overhaul of the main intended to correct an unsafe condition helicopters with a certain serial- transmission, no later than 5,150 flight on these products. numbered main transmission FS108 hours after receipt of the service DATES: This AD is effective May 3, 2018. housing upper part (upper part), part bulletin. EASA classified this ASB as The Director of the Federal Register number (P/N) 4649 301 034. AD 2013– mandatory and issued AD 2017–0002 to approved the incorporation by reference 16–14 required installing a corrugated ensure the continued airworthiness of of a certain publication listed in this AD washer in the upper part filter housing these helicopters. as of May 3, 2018. and modifying each affected upper part We also reviewed ZF Luftfahrttechnik The Director of the Federal Register by machining the oil filter bypass inlet. GmbH Service Instruction No. approved the incorporation by reference The NPRM published in the Federal EC135FS108–1659–1009, dated of a certain other publication listed in Register on November 3, 2017 (82 FR September 14, 2010, which specifies this AD as of October 9, 2013 (78 FR 51175). The NPRM was prompted by procedures for repairing the main 54383, September 4, 2013). AD No. 2017–0002, dated January 9, transmission upper housing, and ADDRESSES: For service information 2017 (AD 2017–0002), issued by EASA, includes dimensions and tolerances for identified in this final rule, contact which is the Technical Agent for the machining the upper part. Airbus Helicopters, 2701 N. Forum Member States of the European Union, This service information is reasonably Drive, Grand Prairie, TX 75052; to correct an unsafe condition for available because the interested parties telephone (972) 641–0000 or (800) 232– Eurocopter Deutschland GmbH Model have access to it through their normal 0323; fax (972) 641–3775; or at http:// EC 135 and EC635 helicopters. EASA course of business or by the means www.airbushelicopters.com/website/ advises that some affected upper parts identified in the ADDRESSES section. have been re-identified with P/N 4649 technical-expert/. You may view this Other Related Service Information referenced service information at the 301 067 or P/N 4649 301 088 without We reviewed Eurocopter Alert Service FAA, Office of the Regional Counsel, changing the serial number. EASA Bulletin EC135–63A–017, Revision 0, Southwest Region, 10101 Hillwood further advises that Airbus Helicopters dated October 11, 2010, for Model Pkwy, Room 6N–321, Fort Worth, TX has extended the compliance time to EC135 T1, T2, T2+, P1, P2, P2+, and 635 76177. It is also available on the internet retrofit the housing to 5,150 hours to T1, T2+, and P2+ helicopters. This at http://www.regulations.gov by coincide with the extended interval service information specifies the same searching for and locating Docket No. between transmission overhauls. Accomplishment Instructions as ASB FAA–2017–1011. Accordingly, the NPRM proposed to retain the requirement to install a EC135–63A–017, Revision 2, except Examining the AD Docket corrugated washer and modify the with a shorter compliance time to You may examine the AD docket on upper part and also proposed adding rework the affected upper part. the internet at http:// Airbus Helicopters Deutschland Model Costs of Compliance www.regulations.gov in Docket No. EC135P3 and Model EC135T3 helicopters and upper part P/N 4649 We estimate that this AD will affect FAA–2017–1011; or in person at Docket 236 helicopters of U.S. Registry. At an Operations between 9 a.m. and 5 p.m., 301 067 and P/N 4649 301 088 to the applicability and extending the average labor rate of $85 per work hour, Monday through Friday, except Federal we estimate that operators will incur the holidays. The AD docket contains this compliance time for machining the upper part to 5,150 hours TIS. following costs in order to comply with AD, the European Aviation Safety this AD. Installing the corrugated Agency (EASA) AD, any incorporated- Comments washer requires about .5 work hour, and by-reference information, the economic We gave the public the opportunity to required parts cost about $10, for a cost evaluation, any comments received, and participate in developing this AD, but per helicopter of about $53, and a cost other information. The address for we did not receive any comments on the to the U.S. operator fleet of $12,508. Docket Operations (phone: 800–647– NPRM. Machining the housing upper part 5527) is Docket Operations, U.S. requires about 5 work hours and Department of Transportation, Docket FAA’s Determination required parts cost about $73, for a cost Operations, M–30, West Building We have reviewed the relevant per helicopter of $498, and a total cost Ground Floor, Room W12–140, 1200 information and determined that an to U.S. operators of $117,528. Based on New Jersey Avenue SE, Washington, DC unsafe condition exists and is likely to these figures, we estimate the total cost 20590. exist or develop on other helicopters of of this AD to be $130,036 for the U.S. FOR FURTHER INFORMATION CONTACT: Rao these same type designs and that air operator fleet or $551 per helicopter. Edupuganti, Aviation Safety Engineer, safety and the public interest require According to Airbus Helicopters’ Regulations and Policy Section, adopting the AD requirements as service information some of the costs of Rotorcraft Standards Branch, FAA, proposed. this AD may be covered under warranty, 10101 Hillwood Pkwy, Fort Worth, TX thereby reducing the cost impact on Related Service Information Under 1 76177; telephone (817) 222–5110; email affected persons. We do not control CFR Part 51 [email protected]. warranty coverage by Airbus SUPPLEMENTARY INFORMATION: We reviewed Airbus Helicopters Alert Helicopters. Accordingly, we have Service Bulletin (ASB) EC135–63A–017, included all costs in our cost estimate. Discussion Revision 2, dated December 5, 2016 We issued a notice of proposed (ASB EC135–63A–017), for Model Authority for This Rulemaking rulemaking (NPRM) to amend 14 CFR EC135 T1, T2, T2+, T3, P1, P2, P2+, P3, Title 49 of the United States Code part 39 to remove AD 2013–16–14, and 635 T1, T2+, T3, P2+, and P3 specifies the FAA’s authority to issue Amendment 39–17552 (78 FR 54383, helicopters. This service information rules on aviation safety. Subtitle I, September 4, 2013), and add a new AD. specifies removing the oil filter element Section 106, describes the authority of AD 2013–16–14 applied to Eurocopter and installing a corrugated washer. ASB the FAA Administrator. Subtitle VII, Deutschland GmbH (now Airbus EC135–63A–017 also specifies Aviation Programs, describes in more

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13382 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

detail the scope of the Agency’s 2018–07–01 Airbus Helicopters Rotorcraft Standards Branch, FAA, 10101 authority. Deutschland GmbH (Type Certificate Hillwood Pkwy, Fort Worth, TX 76177; We are issuing this rulemaking under Previously Held By Eurocopter telephone (817) 222–5110; email 9-ASW- Deutschland GmbH): Amendment 39– the authority described in Subtitle VII, [email protected]. 19232; Docket No. FAA–2017–1011; (2) For operations conducted under a 14 Part A, Subpart III, Section 44701, Product Identifier 2017–SW–004–AD. CFR part 119 operating certificate or under ‘‘General requirements.’’ Under that (a) Applicability 14 CFR part 91, subpart K, we suggest that section, Congress charges the FAA with you notify your principal inspector, or promoting safe flight of civil aircraft in This AD applies to Model EC135 P1, P2, lacking a principal inspector, the manager of air commerce by prescribing regulations P2+, P3, T1, T2, T2+, and T3 helicopters with the local flight standards district office or for practices, methods, and procedures a main transmission FS108 housing upper certificate holding district office, before the Administrator finds necessary for part, part number (P/N) 4649 301 034, 4649 operating any aircraft complying with this 301 067, or 4649 301 088 and a serial number AD through an AMOC. safety in air commerce. This regulation listed in Table 1 of Airbus Helicopters Alert is within the scope of that authority Service Bulletin EC135–63A–017, Revision 2, (i) Additional Information because it addresses an unsafe condition dated December 5, 2016 (ASB EC135–63A– (1) Eurocopter Alert Service Bulletin that is likely to exist or develop on 017), certificated in any category. EC135–63A–017, Revision 0, dated October products identified in this rulemaking (b) Unsafe Condition 11, 2010, which is not incorporated by action. reference, contains additional information This AD defines the unsafe condition as an about the subject of this AD. For service Regulatory Findings improperly manufactured bypass inlet in the information identified in this AD, contact oil filter area. This condition could adversely We have determined that this AD will Airbus Helicopters, 2701 N. Forum Drive, affect the oil-filter bypass function, resulting Grand Prairie, TX 75052; telephone (972) not have federalism implications under in failure of the main transmission and 641–0000 or (800) 232–0323; fax (972) 641– Executive Order 13132. This AD will subsequent loss of control of the helicopter. 3775; or at http:// not have a substantial direct effect on (c) Affected ADs www.airbushelicopters.com/website/ the States, on the relationship between technical-expert/. You may review a copy of the national government and the States, This AD replaces AD 2013–16–14, Amendment 39–17552 (78 FR 54383, the service information at the FAA, Office of or on the distribution of power and September 4, 2013). the Regional Counsel, Southwest Region, responsibilities among the various 10101 Hillwood Pkwy, Room 6N–321, Fort levels of government. (d) Effective Date Worth, TX 76177. For the reasons discussed above, I This AD becomes effective May 3, 2018. (2) The subject of this AD is addressed in certify that this AD: European Aviation Safety Agency (EASA) AD (e) Compliance No. 2017–0002, dated January 9, 2017. You (1) Is not a ‘‘significant regulatory You are responsible for performing each may view the EASA AD on the internet at action’’ under Executive Order 12866, action required by this AD within the http://www.regulations.gov in the AD Docket. (2) Is not a ‘‘significant rule’’ under specified compliance time unless it has (j) Subject DOT Regulatory Policies and Procedures already been accomplished prior to that time. (44 FR 11034, February 26, 1979), Joint Aircraft Service Component (JASC) (f) Required Actions (3) Will not affect intrastate aviation Code: 6320 Main Rotor Gearbox. in Alaska to the extent that a regulatory (1) Within 3 months, remove the oil filter (k) Material Incorporated by Reference distinction is required, and element and install a corrugated washer, P/ N 0630100377, in the middle of the filter (1) The Director of the Federal Register (4) Will not have a significant housing of the housing upper part as approved the incorporation by reference economic impact, positive or negative, depicted in Figure 2 of ASB EC135–63A–017. (IBR) of the service information listed in this on a substantial number of small entities (2) Within 5,150 hours time-in-service or at paragraph under 5 U.S.C. 552(a) and 1 CFR under the criteria of the Regulatory the next main transmission repair or part 51. Flexibility Act. overhaul, whichever occurs first, machine (2) You must use this service information the main transmission housing upper part in as applicable to do the actions required by List of Subjects in 14 CFR Part 39 accordance with Annex A of ZF this AD, unless the AD specifies otherwise. Luftfahrttechnik GmbH Service Instruction (3) The following service information was Air transportation, Aircraft, Aviation approved for IBR on May 3, 2018. safety, Incorporation by reference, No. EC135FS108–1659–1009, dated September 14, 2010. (i) Airbus Helicopters Alert Service Safety. (3) Do not install a main transmission Bulletin EC135–63A–017, Revision 2, dated Adoption of the Amendment upper part, P/N 4649 301 034, 4649 301 067, December 5, 2016. or 4649 301 088, on any helicopter unless it (ii) Reserved. Accordingly, under the authority has been modified as required by paragraphs (4) The following service information was delegated to me by the Administrator, (f)(1) through (f)(2) of this AD. approved for IBR on October 9, 2013 (78 FR 54383, September 4, 2013). the FAA amends 14 CFR part 39 as (g) Credit for Previous Actions follows: (i) ZF Luftfahrttechnik GmbH Service Actions accomplished before the effective Instruction No. EC135FS108–1659–1009, PART 39—AIRWORTHINESS date of this AD in accordance with the dated September 14, 2010. DIRECTIVES procedures specified in Eurocopter Alert (ii) Reserved. Service Bulletin EC135–63A–017, Revision 0, (5) For service information identified in this AD, contact Airbus Helicopters, 2701 N. ■ 1. The authority citation for part 39 dated October 11, 2010, are considered acceptable for compliance with the Forum Drive, Grand Prairie, TX 75052; continues to read as follows: corresponding actions specified in paragraph telephone (972) 641–0000 or (800) 232–0323; Authority: 49 U.S.C. 106(g), 40113, 44701. (f) of this AD. fax (972) 641–3775; or at http:// www.airbushelicopters.com/website/ § 39.13 [Amended] (h) Alternative Methods of Compliance technical-expert/. (AMOCs) ■ (6) You may view this service information 2. The FAA amends § 39.13 by (1) The Manager, Safety Management at FAA, Office of the Regional Counsel, removing Airworthiness Directive (AD) Section, Rotorcraft Standards Branch, FAA, Southwest Region, 10101 Hillwood Pkwy, 2013–16–14, Amendment 39-17552 (78 may approve AMOCs for this AD. Send your Room 6N–321, Fort Worth, TX 76177. For FR 54383, September 4, 2013), and proposal to: Rao Edupuganti, Aviation Safety information on the availability of this adding the following new AD: Engineer, Regulations and Policy Section, material at the FAA, call (817) 222–5110.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13383

(7) You may view this service information 1200 New Jersey Avenue SE, Request the Removal of Multi-Segment that is incorporated by reference at the Washington, DC 20590. Couplings From All Airplanes National Archives and Records Administration (NARA). For information on FOR FURTHER INFORMATION CONTACT: Paul Gryko recommended removal of the availability of this material at NARA, call Thomas Teplik, Aerospace Engineer, multi-segment couplings from all (202) 741–6030, or go to: http:// Wichita ACO Branch, FAA, 1801 airplanes and replace with one-piece www.archives.gov/federal-register/cfr/ibr- Airport Road, Room 100, Wichita, couplings. The commenter discussed locations.html. Kansas 67209; phone: (316) 946–4196; other airplane models that have the Issued in Fort Worth, Texas, on March 19, fax: (316) 946–4107; email: multi-segment coupling installed and 2018. [email protected]. other AD actions affecting exhaust tailpipe v-band couplings. The Scott A. Horn, SUPPLEMENTARY INFORMATION: Deputy Director for Regulatory Operations, commenter discussed that multi- Compliance & Airworthiness Division, Discussion segment couplings may have different Aircraft Certification Service. part numbers on different airplanes with We issued a supplemental notice of different torque values. Having one one- [FR Doc. 2018–06095 Filed 3–28–18; 8:45 am] proposed rulemaking (SNPRM) to BILLING CODE 4910–13–P piece coupling with the same torque amend 14 CFR part 39 by adding an AD value for use on all airplanes would that would apply to certain Textron benefit the industry. The commenter Aviation Inc. Models A36TC, B36TC, DEPARTMENT OF TRANSPORTATION discussed the possibility of expanding S35, V35, V35A, and V35B airplanes. the scope of this AD or issuing a Federal Aviation Administration The SNPRM published in the Federal different AD action. Register on November 8, 2017 (82 FR We do not agree with this comment. 14 CFR Part 39 51782). The FAA has determined that an unsafe We preceded the SNPRM with a condition exists on certain Models [Docket No. FAA–2017–0288; Product notice of proposed rulemaking (NPRM) A36TC, B36TC, S35, V35, V35A, and Identifier 2017–CE–007–AD; Amendment that published in the Federal Register 39–19231; AD 2018–06–11] V35B airplanes. This AD addresses the on April 12, 2017 (82 FR 17594). The unsafe condition on those specific RIN 2120–AA64 NPRM proposed to add a life limit to the airplanes. Including the actions of this exhaust tailpipe v-band coupling AD on other airplane models that may Airworthiness Directives; Textron (clamp) and, if the coupling is removed have the affected exhaust tailpipe v- Aviation Inc. Airplanes for any reason before the life limit is band coupling installed goes beyond the AGENCY: Federal Aviation reached, require an inspection of the v- scope of this AD. However, the FAA is Administration (FAA), DOT. band coupling before reinstalling. The looking at the possibility of this unsafe ACTION: Final rule. NPRM was prompted by a fatal accident condition affecting other airplanes. where the exhaust tailpipe fell off We have not changed this AD based SUMMARY: We are adopting a new during takeoff. on this comment. airworthiness directive (AD) for certain The SNPRM proposed to add to the Request To Expand the Scope of the AD Textron Aviation Inc. Models A36TC, applicability of the AD, add a life limit to All Airplanes Equipped With B36TC, S35, V35, V35A, and V35B to the exhaust tailpipe v-band coupling Continental TSIO–520 Engines airplanes. This AD was prompted by a (clamp) that attaches the exhaust Dustin Todd requested we expand the fatal accident where the exhaust tailpipe tailpipe to the turbocharger, and require AD to all Textron airplanes equipped fell off during takeoff. This AD adds a an annual visual inspection of the with TSIO–520 engines and to require life limit to the exhaust tailpipe v-band exhaust tailpipe v-band coupling inspection of all areas of the coupling (clamp) that attaches the (clamp). We are issuing this AD to turbocharger exhaust pipe. During a 50- exhaust tailpipe to the turbocharger and address the unsafe condition on these hour oil change, he found a crack in the requires an annual visual inspection of products. the exhaust tailpipe v-band coupling turbocharger exhaust pipe. The crack (clamp). We are issuing this AD to Comments appeared to have originated beneath the coupling. Removal of the coupling is not address the unsafe condition on these We gave the public the opportunity to products. required during 100-hour or annual participate in developing this final rule. inspections, so the crack could go DATES: This AD is effective May 3, 2018. The following presents the comments undetected for hours or years. ADDRESSES: received on the SNPRM and the FAA’s We disagree with this comment. The response to each comment. FAA has determined that an unsafe Examining the AD Docket Support of the AD Action condition exists on certain Models You may examine the AD docket on A36TC, B36TC, S35, V35, V35A, and the internet at http:// Michelle Prengle agrees with the AD V35B airplanes. This AD requires a life www.regulations.gov by searching for action. She states, ‘‘I am the daughter of limit replacement and inspection of the and locating Docket No. FAA–2017– the pilot from which this AD is exhaust tailpipe v-band couplings as 0288; or in person at Docket Operations prompted. My brothers and I lost our installed on those affected airplanes. To between 9 a.m. and 5 p.m., Monday father and stepmother in this accident. include all Textron airplanes equipped through Friday, except Federal holidays. I want people to know that my father with Continental TSIO–520 engines and The AD docket contains this final rule, loved to fly and believed that flying was to require inspection of all areas of the the regulatory evaluation, any the safest form of transportation. I wish turbocharger exhaust pipe would be comments received, and other that this AD be implemented to honor beyond the scope of this AD. However, information. The address for Docket what my father truly believed, that the FAA is looking at the possibility of Operations (phone: 800–647–5527) is flying is the safest form of this unsafe condition affecting other U.S. Department of Transportation, transportation. I believe it will provide airplanes. Docket Operations, M–30, West one more measure that will save lives in We have not changed this AD based Building Ground Floor, Room W12–140, the future.’’ on this comment.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13384 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Request To Withdraw the SNPRM or To certified mechanic. The accident/ possibility of this unsafe condition Increase the Life Limit of the Couplings incident failure data and existing AD affecting other airplanes. actions demonstrate that a 500-hour life We have not changed this AD based David Cort commented the proposed limit is appropriate for this type of on this comment. AD is an overreaction to address one multi-segment coupling. airplane affected out of 731 airplanes. Conclusion The commenter believes over torqueing We have not changed this AD based on this comment. We reviewed the relevant data, and the additional stress of heat considered the comments received, and expansion on the coupling caused the Request To Withdraw the SNPRM determined that air safety and the fatigue cracks. The commenter also public interest require adopting this noted the difficulty in accessing the Textron Aviation, Inc. requested we final rule as proposed except for minor coupling and applying the correct withdraw the SNPRM. The commenter editorial changes. We have determined amount of torque. The commenter stated there are no unique aspects to the that these minor changes: believes removing and reinstalling engine installation on the affected • Are consistent with the intent that couplings by inexperienced mechanics airplanes or the v-band coupling was proposed in the SNPRM for could add to the problem. We infer the installation that would justify a need for addressing the unsafe condition; and commenter wants the SNPRM an AD specific to the affected airplanes. • Do not add any additional burden withdrawn. If the FAA proceeds with The commenter states an appliance upon the public than was already the AD action, the commenter believes specific AD would be a more proposed in the SNPRM. the compliance time should be no less appropriate approach to addressing the We also determined that these than 1,000 hours time-in-service (TIS). unsafe condition identified by the FAA changes will not increase the economic We disagree with this comment. The for all airplanes. burden on any operator or increase the FAA has determined that an unsafe We disagree with this comment. The scope of this final rule. condition exists on certain Models FAA has determined an unsafe A36TC, B36TC, S35, V35, V35A, and condition exists on the specific Costs of Compliance V35B airplanes. This AD describes airplanes affected by this AD. This AD We estimate that this AD affects 731 procedures for the correct amount of will address the unsafe condition on the airplanes of U.S. registry. torque and the actions required by this specific airplanes this AD affects. We estimate the following costs to AD must be done by an appropriately However, the FAA is looking at the comply with this AD:

ESTIMATED COSTS

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

Visual inspection of the exhaust tailpipe v- .5 work-hour × $85 per hour = $42.50 ...... Not applicable $42.50 $31,067.50 band coupling (Installed). Replacement of the exhaust tailpipe v-band 2 work-hours × 85 per hour = 170 ...... 300 ...... 470 343,570 coupling.

We estimate the following costs to do exhaust tailpipe v-band coupling. We of airplanes that might need this any necessary inspection that would have no way of determining the number inspection: require removal and reinstallation of the

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Inspection of the exhaust tailpipe 1.5 work-hours × $85 per hour = $127.50 ...... Not applicable $127.50 v-band coupling (Not installed, includes removal and reinstallation).

We estimate the following costs for and V35B airplanes equipped with the determining the number of airplanes the installation of part number Continental TSIO–520–D engine with that may do this installation: N1000897–40 exhaust tailpipe v-band AiResearch turbocharger during coupling on Models S35, V35, V35A, manufacture. We have no way of

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Installation of part number N1000897–40 exhaust tail- 2 work-hours × $85 per hour = $170 ...... $632 $802 pipe v-band coupling.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13385

Authority for This Rulemaking Adoption of the Amendment (g) Review of the Maintenance Records Title 49 of the United States Code Accordingly, under the authority Within 50 hours time-in-service (TIS) after specifies the FAA’s authority to issue delegated to me by the Administrator, May 3, 2018 (the effective date of this AD), rules on aviation safety. Subtitle I, the FAA amends 14 CFR part 39 as do a maintenance records review to section 106, describes the authority of determine the hours TIS of the exhaust follows: tailpipe v-band coupling. If unable to the FAA Administrator. Subtitle VII: PART 39—AIRWORTHINESS determine the hours TIS of the exhaust Aviation Programs, describes in more tailpipe v-band coupling, use the compliance detail the scope of the Agency’s DIRECTIVES time specified in paragraph (h)(2) of this AD. authority. ■ We are issuing this rulemaking under 1. The authority citation for part 39 (h) Compliance Times for Repetitive the authority described in Subtitle VII, continues to read as follows: Replacement of the V-Band Coupling Part A, Subpart III, Section 44701: Authority: 49 U.S.C. 106(g), 40113, 44701. Use the following compliance times in ‘‘General requirements.’’ Under that paragraph (h)(1) or (2) of this AD for the § 39.13 [Amended] section, Congress charges the FAA with repetitive replacement of the exhaust tailpipe promoting safe flight of civil aircraft in ■ 2. The FAA amends § 39.13 by adding v-band coupling as specified in paragraph (i) of this AD. air commerce by prescribing regulations the following new airworthiness directive (AD): (1) If from a review of the maintenance for practices, methods, and procedures records you can positively identify that the the Administrator finds necessary for 2018–06–11 Textron Aviation Inc.: hours TIS for the exhaust tailpipe v-band safety in air commerce. This regulation Amendment 39–19231; Docket No. coupling is less than 500 hours TIS: Do the is within the scope of that authority FAA–2017–0288; Product Identifier initial replacement within 500 hours TIS on because it addresses an unsafe condition 2017–CE–007–AD. the exhaust tailpipe v-band coupling or that is likely to exist or develop on (a) Effective Date within the next 50 hours TIS after May 3, 2018 (the effective date of this AD), products identified in this rulemaking This AD is effective May 3, 2018. action. whichever occurs later, and replace This AD is issued in accordance with (b) Affected ADs repetitively thereafter at intervals not to exceed 500 hours TIS on the exhaust tailpipe authority delegated by the Executive None. Director, Aircraft Certification Service, v-band coupling. (c) Applicability (2) If from a review of the maintenance as authorized by FAA Order 8000.51C. records you can positively identify that the In accordance with that order, issuance (1) This AD applies to the following Textron Aviation Inc. airplanes; all serial hours TIS for the exhaust tailpipe v-band of ADs is normally a function of the numbers, that are certificated in any category: coupling is 500 hours TIS or more or you Compliance and Airworthiness (i) Models A36TC and B36TC airplanes cannot positively identify the hours TIS for Division, but during this transition equipped with a turbocharged engine. the exhaust tailpipe v-band coupling: Do the period, the Executive Director has (ii) Models S35, V35, V35A, and V35B initial replacement within 50 hours TIS after delegated the authority to issue ADs airplanes equipped with the Continental May 3, 2018 (the effective date of this AD) applicable to small airplanes, gliders, TSIO–520–D engine with AiResearch and replace repetitively thereafter at intervals balloons, airships, domestic business jet turbocharger during manufacture; and not to exceed 500 hours TIS on the exhaust (iii) Models S35, V35, V35A, and V35B tailpipe v-band coupling. transport airplanes, and associated airplanes equipped with StandardAero (i) Replacement of the Exhaust Tailpipe appliances to the Director of the Policy Supplemental Type Certificate (STC) and Innovation Division. SA1035WE. V-Band Coupling Replace the exhaust tailpipe v-band Regulatory Findings (2) If the one-piece v-band coupling (clamp), part number (P/N) NH1000897–40, coupling for the airplanes in paragraphs (i)(1) This AD will not have federalism is installed on Textron Aviation Inc. Models and (2) of this AD at the applicable implications under Executive Order S35, V35, V35A, and V35B airplanes compliance time as specified in paragraph (h) 13132. This AD will not have a equipped with the Continental TSIO–520–D of this AD. substantial direct effect on the States, on engine with AiResearch turbocharger during Note 1 to the introductory text of manufacture, this AD does not apply to those paragraph (i) of this AD: We recommend the relationship between the national airplanes. government and the States, or on the after installation of the exhaust tailpipe distribution of power and (d) Subject v-band coupling, you do an engine run and recheck the torque of the v-band coupling. responsibilities among the various Joint Aircraft System Component (JASC)/ levels of government. Air Transport Association (ATA) of America (1) Models A36TC and B36TC airplanes: For the reasons discussed above, I Code 81, Turbocharging. Replace the exhaust tailpipe v-band coupling part number (P/N) N4211– certify that this AD: (e) Unsafe Condition (1) Is not a ‘‘significant regulatory 375–M or P/N 5322C–375–Z with a new This AD was prompted by a fatal accident action’’ under Executive Order 12866, exhaust tailpipe v-band coupling. When where the exhaust tailpipe fell off during installing the new part, tighten the v-band (2) Is not a ‘‘significant rule’’ under takeoff. We are issuing this AD to prevent coupling to 40 in-lbs., tap the periphery of DOT Regulatory Policies and Procedures failure of the exhaust tailpipe v-band the band to distribute tension, and torque (44 FR 11034, February 26, 1979), coupling (clamp) that may lead to again to 40 in-lbs. (3) Will not affect intrastate aviation detachment of the exhaust tailpipe from the Note 2 to paragraph (i)(1) of this AD: in Alaska, and turbocharger and allow high-temperature P/Ns N4211–375–M and P/N 5322C–375–Z (4) Will not have a significant exhaust gases to enter the engine are also known as P/N N4211–375M and P/ economic impact, positive or negative, compartment, which could result in an N 5322C3752. The engineering drawings list on a substantial number of small entities inflight fire. the applicable part number v-band couplings under the criteria of the Regulatory (f) Compliance as P/N N4211–375–M and P/N 5322C–375– Z; however, the parts catalog lists the Flexibility Act. Comply with this AD within the applicable v-band couplings as P/N N4211– compliance times specified, unless already List of Subjects in 14 CFR Part 39 375M and P/N 5322C3752. done. For the purposes of this AD, the Air transportation, Aircraft, Aviation exhaust tailpipe v-band coupling may also be (2) For Models S35, V35, V35A, and V35B safety, Incorporation by reference, referred to as the exhaust tailpipe v-band airplanes, as specified in paragraphs (i)(2)(i) Safety. clamp. and (ii) of this AD:

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13386 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

(i) For airplanes equipped with the If any of those conditions are found, remove band coupling and do not restart the hours Continental TSIO–520–D engine with the coupling and go to the inspection steps TIS for the repetitive replacement of the v- AiResearch turbocharger during in paragraph (k) of this AD for inspection of band coupling. manufacture: Replace the exhaust tailpipe v- a v-band coupling that has been removed. band coupling P/N U4211–375–M or P/N (ii) Inspect the coupling outer band for (k) Visual Inspection of a Removed Exhaust 4404C375–M with a new exhaust tailpipe v- cracks, paying particular attention to the spot Tailpipe V-Band Coupling band coupling. When installing a new P/N weld areas. If cracks are found, before further (1) If during the visual inspection required U4211–375–M, tighten the v-band coupling flight, you must replace the v-band coupling in paragraph (j) of this AD you are required to 60 in-lbs., tap the periphery of the band with a new v-band coupling and restart the to remove of the exhaust tailpipe v-band to distribute tension, and torque again to 60 hours TIS for the repetitive replacement of coupling to do a more detailed inspection, in-lbs. When installing a new P/N 4404C375– the v-band coupling. you must do the inspection steps listed in M, add 20 in-lbs after the running torque is (iii) Inspect the coupling for looseness or paragraphs (k)(1) and (2) of this AD. If you overcome. Replacement of exhaust tailpipe v- separation of the outer band to the v-retainer removed the exhaust tailpipe v-band band coupling P/N U4211–375–M or P/N segments(s) at all spot welds. If looseness or coupling during the annual inspection or 4404C375–M with the one-piece v-band separation of the outer band to any or within the compliance time specified in coupling, P/N NH1000897–40, terminates the multiple retainer segments(s) is found, before paragraph (j)(2) of this AD, you may do the requirements of this AD. further flight, you must replace the v-band inspection specified in paragraph (k) of this Note 3 to paragraph (i)(2)(i) and (ii) of this coupling with a new v-band coupling and AD in lieu of the inspection required in AD: P/Ns U4211–375–M and 4404C375–M restart the hours TIS for the repetitive paragraph (j) of this AD. If you already have replacement of the v-band coupling. may also be known as P/Ns U4211–375M and the v-band coupling removed, doing the (iv) Inspect the coupling outer band for 4404C375M or 4404C–375–M. detailed inspection as specified in paragraph cupping, bowing, or crowning. If any of these (ii) For airplanes equipped with STC (k) of this AD eliminates the possibility of conditions are found, before further flight, SA1035WE: Replace the exhaust tailpipe v- remove the coupling and go to the inspection having to remove and reinstall the v-band band coupling P/N U4211–375–M with a steps in paragraph (k) of this AD for coupling more than once if certain conditions new exhaust tailpipe v-band coupling. When inspection of a v-band coupling that has been are found during the inspection required in installing the new part, tighten the v-band removed. paragraph (j) of this AD. coupling to 60 in-lbs., tap the periphery of (v) Inspect the area of the coupling, (i) Use crocus cloth and mineral spirits/ the band to distribute tension, and torque Stoddard solvent, to clean the outer band of again to 60 in-lbs. including the outer band, opposite the t-bolt for damage or distortion. If any damage or the v-band coupling. Pay particular attention (j) Repetitive Visual Inspection of the distortion is found, before further flight, you to the spot weld areas on the coupling. If Installed Exhaust Tailpipe V-Band Coupling must replace the v-band coupling with a new during cleaning corrosion cannot be removed v-band coupling and restart the hours TIS for or pitting of the v-band coupling is found, do (1) If you remove the exhaust tailpipe v- not re-install the v-band coupling. Before band coupling during your annual inspection the repetitive replacement of the v-band further flight, you must install a new v-band or within the compliance time specified in coupling. coupling and restart the hours TIS for the paragraph (j)(2) of this AD, you may do the (vi) Using a mirror, verify there is a space repetitive replacement of the v-band inspection specified in paragraph (k) of this between each v-retainer coupling segment coupling. AD in lieu of the inspection required in below the t-bolt. If there is no space between (ii) Use a 10× magnifier to visually inspect paragraph (j) of this AD. If you already have each v-retainer coupling segment below the the v-band coupling removed, doing the t-bolt, before further flight, you must replace the outer band for cracks, paying particular detailed inspection as specified in paragraph the v-band coupling with a new v-band attention to the spot weld areas. If cracks are (k) of this AD eliminates the possibility of coupling and restart the hours TIS for the found during this inspection, do not re- having to remove and reinstall the v-band repetitive replacement of the v-band install the v-band coupling. Before further coupling more than once if certain conditions coupling. flight, you must install a new v-band are found during the inspection required in (vii) Verify the v-band coupling nut is coupling and restart the hours TIS for the paragraph (j) of this AD. properly torqued as specified in paragraphs repetitive replacement of the v-band (2) At the next annual inspection after May (j)(2)(vii)(A) through (C) of this AD: coupling. 3, 2018 (the effective date of this AD) or (A) For P/N N4211–375–M or P/N 5322C– (iii) Visually inspect the flatness of the within the next 12 months after May 3, 2018 375–Z exhaust tailpipe v-band coupling, outer band using a straight edge. Lay the (the effective date of this AD), whichever torque to 40 in-lbs. straight edge across the width of the outer occurs later, and repetitively thereafter at (B) For P/N U4211–375–M exhaust tailpipe band. The gap must be less than 0.062 intervals not to exceed 12 months, do a v-band coupling, torque to 60 in-lbs. inches. See figure 1 to paragraphs (k)(1)(iii) visual inspection of the installed exhaust (C) For 4404C375–M exhaust tailpipe v- and (v) of this AD. If the gap exceeds 0.062 tailpipe v-band coupling. Use the inspection band coupling, verify the nut is secure. If not inches between the outer band and the steps listed in paragraphs (j)(2)(i) through secure, before further flight, loosen and verify straight edge, do not re-install the v-band (vii) of this AD. running torque and add 20 in-lbs to the coupling. Before further flight, you must (i) Inspect the coupling and area around running torque when tightened. install a new v-band coupling and restart the the coupling for signs of exhaust stains, (3) These inspections do not terminate the hours TIS for the repetitive replacement of sooting, or other evidence of exhaust leakage. 500-hour TIS repetitive replacement of the v- the v-band coupling.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13387

(iv) With the t-bolt in the 12 o’clock further flight, you must install a new v-band (847) 294–7834; email: john.m.tallarovic@ position, visually inspect the coupling for the coupling and restart the hours TIS for the faa.gov. attachment of the outer band to the v-retainer repetitive replacement of the v-band (2) Before using any approved AMOC, coupling segments by inspecting for gaps coupling. notify your appropriate principal inspector, between the outer band and the v-retainer (3) The inspections required in paragraphs or lacking a principal inspector, the manager coupling segments between approximately (k)(1) and (2) of this AD only apply to re- of the local flight standards district office/ the 1 o’clock through 11 o’clock position. It installing the same exhaust tailpipe v-band certificate holding district office. is recommended to use backlighting to see coupling that was removed as specified in gaps. If gaps between the outer band and the paragraph (j) of this AD. It does not apply to (m) Related Information v-retainer coupling segments are found, do installation of a new v-band coupling. These For more information about this AD, not re-install the v-band coupling. Before inspections do not terminate the 500-hour contact Thomas Teplik, Aerospace Engineer, further flight, you must install a new v-band TIS repetitive replacement of the v-band Wichita ACO Branch, FAA, 1801 Airport coupling and restart the hours TIS for the coupling and do not restart the hours TIS for Road, Room 100, Wichita, Kansas 67209; repetitive replacement of the v-band the repetitive replacement of the v-band phone: (316) 946–4196; fax: (316) 946–4107; coupling. coupling. email: [email protected]. (v) Visually inspect the bend radii of the (4) As of May 3, 2018 (the effective date of coupling v-retainer coupling segments for this AD), do not install a used exhaust (n) Material Incorporated by Reference cracks. Inspect the radii throughout the tailpipe v-band coupling on the airplane None. length of the segment. See figure 1 to except for the reinstallation of the inspected Issued in Kansas City, Missouri, on March paragraphs (k)(1)(iii) and (v) of this AD. If exhaust tailpipe v-band coupling that was 20, 2018. any cracks are found, do not re-install the v- removed as specified in paragraphs (j) and (k) band coupling. Before further flight, you of this AD. Melvin J. Johnson, must install a new v-band coupling and Deputy Director, Policy & Innovation Division, restart the hours TIS for the repetitive (l) Alternative Methods of Compliance Aircraft Certification Service. (AMOCs) replacement of the v-band coupling. [FR Doc. 2018–06092 Filed 3–28–18; 8:45 am] (vi) Visually inspect the outer band (1) The Manager, Wichita ACO Branch, BILLING CODE 4910–13–P opposite the t-bolt for damage (distortion, FAA, has the authority to approve AMOCs creases, bulging, or cracks), which may be for this AD, if requested using the procedures caused from excessive spreading of the found in 14 CFR 39.19. The Manager, DEPARTMENT OF TRANSPORTATION coupling during installation and/or removal. Chicago ACO Branch, FAA, has the authority If any damage is found, do not re-install the to approve AMOCs concerning STC Federal Aviation Administration v-band coupling. Before further flight, you SA1035WE, if requested using the must install a new v-band coupling and procedures found in 14 CFR 39.19. In restart the hours TIS for the repetitive accordance with 14 CFR 39.19, send your 14 CFR Part 39 replacement of the v-band coupling. request to your principal inspector or local [Docket No. FAA–2017–0902; Product (2) If the removed exhaust tailpipe v-band Flight Standards District Office, as Identifier 2016–NM–188–AD; Amendment coupling passes all of the inspection steps appropriate. If sending information directly 39–19224; AD 2018–06–04] listed in paragraphs (k)(1)(i) through (vi) of to the manager of the Wichita ACO Branch, this AD, you may re-install the same v-band send it to the attention of the person RIN 2120–AA64 coupling. After the coupling is re-installed identified in paragraph (m) of this AD. If and torqued as specified in Replacement of sending information directly to the manager Airworthiness Directives; Airbus the V-Band Coupling, paragraph (i) of this of the Chicago ACO Branch, send it to the Airplanes AD, verify there is space between each v- attention of John Tallarovic, Aerospace retainer coupling segment below the t-bolt. If Engineer, AIR–7C3 Chicago ACO Branch, AGENCY: Federal Aviation there is no space between each v-retainer 2300 East Devon Avenue, Des Plaines, IL Administration (FAA), Department of coupling segment below the t-bolt, before 60018–4696; telephone: (847) 294–8180; fax: Transportation (DOT).

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES ER29MR18.001 13388 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

ACTION: Final rule. other information. The address for the –231, and –232 airplanes. The MCAI Docket Office (telephone 800–647–5527) states: SUMMARY: We are superseding is Docket Management Facility, U.S. During fatigue tests, cracks were found Airworthiness Directive (AD) 2004–03– Department of Transportation, Docket 07, which applied to certain Airbus around the fasteners connecting the pressure Operations, M–30, West Building panel with the flexible bracket at fuselage Model A320–111, –211, –212, and –231 Ground Floor, Room W12–140, 1200 frame (FR) 36, adjacent to the longitudinal series airplanes. AD 2004–03–07 New Jersey Avenue SE, Washington, DC beams on left-hand (LH) and right-hand (RH) required repetitive inspections for 20590. sides. fatigue cracking around the fasteners This condition, if not detected and attaching the pressure panel to the FOR FURTHER INFORMATION CONTACT: corrected, could impair the structural flexible bracket at a certain frame (FR), Sanjay Ralhan, Aerospace Engineer, integrity of the aeroplane. adjacent to the longitudinal beams on International Section, Transport To address this unsafe condition, DGAC the left and right sides of the airplane; Standards Branch, FAA, 2200 South [Direction Ge´ne´rale de l’Aviation Civile] 216th St., Des Moines, WA 98198; France issued [French] AD 2000–531–155(B) and repair as necessary. This new AD [which corresponds with FAA AD 2004–03– retains certain requirements of AD telephone 206–231–3223; fax 206–231– 3398. 07] to require repetitive inspections of the 2004–03–07, expands the applicability, longitudinal beams of the FR 36 pressure and requires an inspection of the SUPPLEMENTARY INFORMATION: panel and, depending on findings, the fastener holes on the pressure panel and Discussion accomplishment of a repair. modification or repair as applicable. Since that [French] AD was issued, This AD was prompted by fatigue tests We issued a notice of proposed additional cracks have been found under the which revealed cracking around the rulemaking (NPRM) to amend 14 CFR beams, but in locations not covered by the fasteners attaching the pressure panel to part 39 to supersede AD 2004–03–07, required inspections. Fatigue and damage tolerance analyses were performed, the the flexible bracket, and by the Amendment 39–13451 (69 FR 5907, February 9, 2004) (‘‘AD 2004–03–07’’). results of which indicated that all the holes discovery of additional cracks under the in the pressure panel above all the longitudinal beams at locations that are AD 2004–03–07 applied to certain longitudinal beams have to be cold worked. not included in the inspection area Airbus Model A320–111, –211, –212, For the reasons described above, this required by AD 2004–03–07. We are and –231 series airplanes. The NPRM [EASA] AD retains the requirements of DGAC issuing this AD to address the unsafe published in the Federal Register on France AD 2000–531–155(B), which is condition on these products. October 6, 2017 (82 FR 46729). The superseded, extends the applicability to all A320 family aeroplanes and requires [a DATES: NPRM was prompted by fatigue tests This AD is effective May 3, 2018. special detailed inspection of the fastener The Director of the Federal Register which revealed cracking around the fasteners attaching the pressure panel to holes on the pressure panel between FR35 approved the incorporation by reference and FR36 under the longitudinal beam and] of certain publications listed in this AD the flexible bracket at FR 36, adjacent to modification [or repair] of all the affected as of May 3, 2018. the longitudinal beams on the left and holes. The Director of the Federal Register right sides of the airplane, and by the This [EASA] AD is republished to correct approved the incorporation by reference discovery of additional cracks under the the number of the superseded DGAC AD. of a certain other publication listed in longitudinal beams at locations that are You may examine the MCAI in the this AD as of March 15, 2004 (69 FR not included in the inspection area AD docket on the internet at http:// 5907, February 9, 2004). required by AD 2004–03–07. The NPRM www.regulations.gov by searching for ADDRESSES: For service information proposed to continue to require certain and locating Docket No. FAA–2017– identified in this final rule, contact requirements of AD 2004–03–07. The 0902. Airbus, Airworthiness Office—EIAS, 1 NPRM also proposed to expand the Rond Point Maurice Bellonte, 31707 applicability and require an inspection Comments Blagnac Cedex, France; telephone +33 5 of the fastener holes on the pressure We gave the public the opportunity to 61 93 36 96; fax +33 5 61 93 44 51; email panel between FR 35 and FR 36 under participate in developing this AD. The [email protected]; the longitudinal beam and modification following presents the comments internet http://www.airbus.com. You or repair as applicable. We are issuing received on the NPRM and the FAA’s may view this referenced service this AD to detect and correct fatigue response to each comment. information at the FAA, Transport cracking around the fasteners attaching Request To Remove Reporting Standards Branch, 2200 South 216th St., the pressure panel to the flexible bracket Requirement Des Moines, WA. For information on the at the FR 36 adjacent to the longitudinal availability of this material at the FAA, beams, which could result in reduced United Airlines (UAL) requested that call 206–231–3195. It is also available structural integrity of the airplane and we omit paragraph (k)(2)(ii) of the on the internet at http:// possible rapid decompression of the proposed AD, which would require www.regulations.gov by searching for airplane. operators to report any findings of and locating Docket No. FAA–2017– The European Aviation Safety Agency cracking that exceeded the limits 0902. (EASA), which is the Technical Agent specified in Airbus Service Bulletin for the Member States of the European A320–53–1264, Revision 01, excluding Examining the AD Docket Union, has issued EASA Airworthiness Appendix 01, dated July 4, 2016, from You may examine the AD docket on Directive 2016–0206, dated October 13, the proposed AD. UAL stated that the internet at http:// 2016; corrected October 14, 2016 paragraph (k)(2)(ii) of the proposed AD www.regulations.gov by searching for (referred to after this as the Mandatory is confusing and unjustified because and locating Docket No. FAA–2017– Continuing Airworthiness Information, there is no explanation for why it is 0902; or in person at the Docket or ‘‘the MCAI’’), to correct an unsafe required when it was not included in Management Facility between 9 a.m. condition for certain Airbus Model EASA AD 2016–0206. UAL stated the and 5 p.m., Monday through Friday, A318 and Model A319 series airplanes, requirement to report findings in except Federal holidays. The AD docket Model A320–211, –212, –214, –231, paragraph (k)(2)(ii) is redundant with contains this AD, the regulatory –232, and –233 airplanes, and Model the actions of paragraph (k)(2)(i) of the evaluation, any comments received, and A321–111, –112, –131,–211, –21–, 213, proposed AD. UAL noted that for the

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13389

crack repair specified in paragraph Service Bulletin A320–53–1240, Related Service Information under 1 (k)(2)(i) of the proposed AD, the Revision 02, dated March 14, 2017. CFR part 51 paragraph in the preamble findings would be reported. UAL Airbus requested that we refer to Airbus of the NPRM. suggested the paragraph (k)(2)(ii) of the Service Bulletin A320–53–1240, We acknowledge the description of proposed AD required using an Revision 02, dated March 14, 2017, in the rototest inspection is different for unconventional means to report the proposed AD. each service bulletin specified in the findings that might require additional We agree to refer to the latest service Related Service Information under 1 procedures and training specific to the information in this AD. In addition to CFR part 51 paragraph in the preamble proposed AD. UAL also stated that Airbus Service Bulletin A320–53–1240, of the NPRM. In the NPRM, we matched restricting reporting to a website may Revision 02, dated March 14, 2017, we the description of the inspection as cause issues if the sender does not have have also reviewed Airbus Service given in each service bulletin specified access and that Airbus Service Bulletin Bulletin A320–53–1263, Revision 02, in the Related Service Information A320–53–1264, Revision 01, excluding excluding Appendix 01 and including under 1 CFR part 51 paragraph. We have Appendix 01, dated July 4, 2016, lists Appendix 02, dated December 6, 2017, revised the description of Airbus alternative options for reporting, like which updates kit information and Service Bulletin A320–53–1240, email, fax, or mail. figures among other minor changes. We Revision 02, dated March 14, 2017, to We agree to remove the reporting have revised paragraph (k)(1) of this AD remove the reference to an inspection requirement specified in paragraph accordingly. We have also provided and repair. (k)(2)(ii) of the proposed AD from this credit for Airbus Service Bulletin A320– AD. Neither Airbus Service Bulletin 53–1240, Revision 01, dated April 4, Request To Clarify What Prompted the A320–53–1264, Revision 01, excluding 2016; and Airbus Service Bulletin Proposed AD Appendix 01, dated July 4, 2016, nor the A320–53–1263, Revision 01, dated Airbus requested that we revise MCAI specifically includes reporting to February 29, 2016; in paragraphs paragraph (e) of the proposed AD to a website as specified in paragraph (o)(3)(ii) and (o)(3)(iv) of this AD, clarify that the proposed AD was (k)(2)(ii) of the proposed AD. We note respectively. prompted by a report of cracking in an that Airbus Service Bulletin A320–53– Request To Include Additional additional area. Airbus stated that 1264, Revision 01, excluding Appendix Airplane Models in the Applicability paragraph (e) of the proposed AD 01, dated July 4, 2016, does include Airbus requested that Model A320– describes only the fatigue test results reporting within the required for that prompted AD 2004–03–07. compliance (RC) procedure for the 215 and Model A320–216 airplanes be We agree to revise paragraph (e) of repair, which indicates that reporting in included in the applicability of the this AD for clarity. This AD was would be required regardless of whether proposed AD. The commenter noted prompted by the original report of reporting was called out in the MCAI. that these airplane models are included cracking and the additional report. We We also verified with EASA that in the MCAI. have revised paragraph (e) of this AD to reporting should be done as defined in We do not agree with the commenter’s the service information. However, we request. We have not certified Model include the additional cracking that have determined that a specific A320–215 airplanes for operation in the prompted the issuance of this AD. reporting requirement is not necessary. U.S., and therefore, we did not include Request To Revise Repair Language in As stated by the commenter, operators that model in the applicability of this Paragraph (k)(2)(i) of the Proposed AD will report findings to obtain the repair, AD. We did not include Model A320– which is specified in paragraph (k)(2)(i) 216 airplanes in the applicability of this Airbus requested that we revise the of the proposed AD. We have removed AD because the MCAI was already language in paragraph (k)(2)(i) of the paragraphs (k)(2)(i) and (k)(2)(ii) from added to the required airworthiness proposed AD, which specifies to repair this AD and revised paragraph (k)(2) of action list (RAAL) for Model A320–216 any cracking in accordance with Airbus this AD to include the information that airplanes. We have not changed this AD Service Bulletin A320–53–1264, was in paragraph (k)(2)(i) of the in this regard. Revision 01, excluding Appendix 01, proposed AD. We have also added dated July 4, 2016. Airbus stated that Request To Revise Service Bulletin this service information does not paragraph (n) to this AD to specify that Descriptions in the Related Service reporting is not required for this AD and provide direct repair instructions and Information Under 1 CFR Part 51 instead specifies to contact Airbus. redesignated the subsequent paragraphs Paragraph in the Preamble of the accordingly. We agree to clarify the language in NPRM paragraph (k)(2) of this AD (which Request To Refer to Latest Service Airbus stated that the proposed AD corresponds with paragraph (k)(2)(i) of Information identifies the means of inspection, i.e., the proposed AD). Paragraph (k)(2) of Two commenters requested that we rototest inspection, using three different this AD also specifies that where Airbus refer to the latest service information. wordings in the descriptions of the Service Bulletin A320–53–1264, UAL requested that we update service bulletins specified in the Related Revision 01, excluding Appendix 01, paragraph (k) of the proposed AD to use Service Information under 1 CFR part 51 dated July 4, 2016, specifies to contact Airbus Service Bulletin A320–53–1264, paragraph in the preamble of the NPRM. Airbus for appropriate action, and Revision 02, dated March 14, 2017, Airbus also stated that Service Bulletin specifies that action as ‘‘RC’’ (Required which corrects an error with the fastener A320–53–1240, Revision 02, dated for Compliance), operators must request lengths for part number (P/N) March 14, 2017, no longer contains a approval of repair instructions using a EN6115K3. We infer that UAL intended rototest inspection requirement. In method approved in accordance with to refer to Airbus Service Bulletin addition, Airbus noted that Service the procedures specified in paragraph A320–53–1240, Revision 02, dated Bulletin A320–53–1240, Revision 02, (p)(2) of this AD, and accomplish the March 14, 2017, because there is no dated March 14, 2017, does not contain repair accordingly within the Revision 02 for Airbus Service Bulletin repair instructions. We infer the compliance time specified in those A320–53–1264, and because P/N commenter is requesting that we revise instructions. We have not changed this EN6115K3 is referenced in Airbus the service bulletin descriptions in the AD in this regard.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13390 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Request To Include Wording From the • Do not add any additional burden 1263, Revision 02, excluding Appendix MCAI in Paragraph (m)(1)(iii) of the upon the public than was already 01 and including Appendix 02, dated Proposed AD proposed in the NPRM. December 6, 2017, which describe We also determined that these procedures for modifying the pressure Airbus requested that we revise changes will not increase the economic panel above the left and right paragraph (m)(1)(iii) of the proposed burden on any operator or increase the longitudinal beams, including related AD. Airbus stated the wording is similar scope of this AD. investigative actions (e.g., eddy current to paragraph (9) of the MCAI except that rotating probe inspection of the fastener the important wording ‘‘in accordance Related Service Information Under 1 CFR Part 51 holes) and corrective actions (e.g., with Airbus approved instructions that repair), by adding a doubler and a filler, identify the repair as technically Airbus has issued Service Bulletin and cold expansion of the holes under equivalent to the accomplishment of A320–53–1029, Revision 01, including the longitudinal beam at FR 36 for Airbus SB A320–53–1240 or SB A320– Appendix 01, dated April 29, 2002. The airplanes on which cracking was found. 53–1263’’ is omitted. service information describes These documents are distinct because We disagree with the commenter’s procedures for repairing cracking. they are different revision levels. request. The intent of paragraph Airbus has also issued Service Bulletin A320–53–1240, Revision 01, Airbus has also issued Service (m)(1)(iii) of this AD is to obtain Bulletin A320–53–1264, Revision 01, corrective actions from the dated April 4, 2016; and A320–53–1240, Revision 02, dated March 14, 2017, excluding Appendix 01, dated July 4, manufacturer that are approved by the 2016. The service information describes FAA, EASA, or Airbus’s EASA Design which describe procedures for modifying the pressure panel above the procedures for a special detailed Organization Approval (DOA). These inspection (rotating probe) for cracking approved instructions will provide an left and right longitudinal beams, by cold working the attachment holes of the fastener holes on the pressure equivalent level of safety. We have not panel between FR 35 and FR 36 under changed this AD in this regard. under the longitudinal beam at FR 36 for airplanes on which no cracking was the longitudinal beam and repair of any Conclusion found. Service Bulletin A320–53–1240, crack. Revision 01, dated April 4, 2016 also This service information is reasonably We reviewed the available data, includes related investigative action available because the interested parties including the comments received, and (e.g., high frequency eddy current have access to it through their normal determined that air safety and the (rototest) inspection of all the removed course of business or by the means public interest require adopting this AD fastener holes) and corrective actions identified in the ADDRESSES section. with the changes described previously (e.g., repair). These documents are Costs of Compliance and minor editorial changes. We have distinct since they are different revision determined that these changes: levels. We estimate that this AD affects 737 • Are consistent with the intent that Airbus has also issued Service airplanes of U.S. registry. was proposed in the NPRM for Bulletin A320–53–1263, Revision 01, We estimate the following costs to correcting the unsafe condition; and dated February 29, 2016; and A320–53– comply with this AD:

ESTIMATED COSTS

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

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

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

ON-CONDITION COSTS

Action Labor cost Parts cost Cost per product

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

We have received no definitive data Aviation Programs,’’ describes in more the Administrator finds necessary for that will enable us to provide a cost detail the scope of the Agency’s safety in air commerce. This regulation estimate for the on-condition repairs authority. is within the scope of that authority specified in this AD. We are issuing this rulemaking under because it addresses an unsafe condition the authority described in ‘‘Subtitle VII, that is likely to exist or develop on Authority for This Rulemaking Part A, Subpart III, Section 44701: products identified in this rulemaking Title 49 of the United States Code General requirements.’’ Under that action. specifies the FAA’s authority to issue section, Congress charges the FAA with This AD is issued in accordance with rules on aviation safety. Subtitle I, promoting safe flight of civil aircraft in authority delegated by the Executive section 106, describes the authority of air commerce by prescribing regulations Director, Aircraft Certification Service, the FAA Administrator. ‘‘Subtitle VII: for practices, methods, and procedures as authorized by FAA Order 8000.51C.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13391

In accordance with that order, issuance (b) Affected ADs repeat the applicable inspection thereafter at of ADs is normally a function of the This AD replaces AD 2004–03–07, intervals not to exceed 6,000 flight cycles for Compliance and Airworthiness Amendment 39–13451 (69 FR 5907, February airplanes without a center fuel tank, and at 9, 2004) (‘‘AD 2004–03–07’’). intervals not to exceed 18,000 flight cycles Division, but during this transition for airplanes with a center fuel tank. period, the Executive Director has (c) Applicability delegated the authority to issue ADs (h) Retained Corrective Actions, With This AD applies to the Airbus airplanes Specific Delegation Approval Language applicable to transport category identified in paragraphs (c)(1) through (c)(4) airplanes to the Director of the System of this AD, certificated in any category, This paragraph restates the requirements of Oversight Division. except for airplanes on which Airbus paragraphs (c) and (d) of AD 2004–03–07, Modification 151574 was embodied in with specific delegation approval language. Regulatory Findings production. (1) If any crack is detected during any (1) Model A318–111, –112, –121, and –122 inspection required by paragraph (g)(1) of We determined that this AD will not airplanes. this AD, before further flight, repair the have federalism implications under (2) Model A319–111, –112, –113, –114, affected structure by accomplishing all Executive Order 13132. This AD will –115, –131, –132, and –133 airplanes. applicable actions in accordance with not have a substantial direct effect on (3) Model A320–211, –212, –214, –231, paragraphs 3.B. through 3.E. of the the States, on the relationship between –232, and –233 airplanes. Accomplishment Instructions of Airbus the national government and the States, (4) Model A321–111, –112, –131, –211, Service Bulletin A320–53–1030, Revision 01, –212, –213, –231, and –232 airplanes. excluding Appendix 01, dated May 21, 2002. or on the distribution of power and Repeat the applicable inspection thereafter at responsibilities among the various (d) Subject intervals not to exceed 6,000 flight cycles for levels of government. Air Transport Association (ATA) of airplanes without a center fuel tank, and at For the reasons discussed above, I America Code 53, Fuselage. intervals not to exceed 18,000 flight cycles certify that this AD: for airplanes with a center fuel tank. For any (e) Reason area where cracking is repaired, the repair 1. Is not a ‘‘significant regulatory This AD was prompted by fatigue tests constitutes terminating action for the action’’ under Executive Order 12866; which revealed cracking around the fasteners repetitive inspection of that area. 2. Is not a ‘‘significant rule’’ under the attaching the pressure panel to the flexible Note 1 to paragraph (h)(1) of this AD: bracket at frame (FR) 36, adjacent to the Airbus Service Bulletin A320–53–1030 DOT Regulatory Policies and Procedures longitudinal beams on the left and right sides references Airbus Service Bulletin A320–53– (44 FR 11034, February 26, 1979); of the airplane, and by the discovery of 1029, Revision 01, including Appendix 01, 3. Will not affect intrastate aviation in additional cracks under the longitudinal dated April 29, 2002, as an additional source Alaska; and beams at locations that are not included in of service information for certain repairs. the inspection area required by AD 2004–03– (2) If Airbus Service Bulletin A320–53– 4. Will not have a significant 07. We are issuing this AD to detect and 1030, Revision 01, excluding Appendix 01, economic impact, positive or negative, correct fatigue cracking around the fasteners dated May 21, 2002, specifies to contact the on a substantial number of small entities attaching the pressure panel to the flexible manufacturer for appropriate action: Before under the criteria of the Regulatory bracket at the FR 36 adjacent to the further flight, repair using a method Flexibility Act. longitudinal beams, which could result in approved in accordance with the procedures reduced structural integrity of the airplane specified in paragraph (p)(2) of this AD. List of Subjects in 14 CFR Part 39 and possible rapid decompression of the (i) Retained Optional Terminating Action, airplane. Air transportation, Aircraft, Aviation With Revised Compliance Language safety, Incorporation by reference, (f) Compliance This paragraph restates the requirements of Safety. Comply with this AD within the paragraph (e) of AD 2004–03–07, with compliance times specified, unless already revised compliance language, to provide Adoption of the Amendment done. optional terminating action for paragraphs (g) and (h) of this AD. For Model A320–211, Accordingly, under the authority (g) Retained Inspection and Follow-on –212, and –231 series airplanes having serial delegated to me by the Administrator, Actions, With No Changes numbers 0002 through 0107 inclusive, except the FAA amends 14 CFR part 39 as This paragraph restates the requirements of those airplanes on which Airbus follows: paragraphs (a) and (b) of AD 2004–03–07, Modification 21202/K1432 has been with no changes. incorporated in production, or Airbus PART 39—AIRWORTHINESS (1) For Model A320–211, –212, and –231 Service Bulletin A320–53–1029, Revision 01, DIRECTIVES series airplanes having serial numbers 0002 including Appendix 01, dated April 29, 2002, through 0107 inclusive, except those has been incorporated in service: airplanes on which Airbus Modification Modification, before the effective date of this ■ 1. The authority citation for part 39 21202/K1432 has been incorporated in AD, of the structure around the fasteners that continues to read as follows: production, or on which Airbus Service attach the pressure panel to the flexible Authority: 49 U.S.C. 106(g), 40113, 44701. Bulletin A320–53–1029, Revision 01, bracket at FR 36, adjacent to the longitudinal including Appendix 01, dated April 29, 2002, beams on the left and right sides of the § 39.13 [Amended] has been incorporated in service: Prior to the airplane, by accomplishing all applicable accumulation of 30,000 total flight cycles, do actions in accordance with paragraphs 3.A. ■ 2. The FAA amends § 39.13 by a rotating probe inspection on airplanes with through 3.E. of the Accomplishment removing Airworthiness Directive a center fuel tank, or a detailed inspection on Instructions of Airbus Service Bulletin A320– (Airworthiness Directive (AD) 2004–03– airplanes without a center fuel tank, to detect 53–1029, Revision 01, including Appendix 07, Amendment 39–13451 (69 FR 5907, cracking around the fasteners that attach the 01, dated April 29, 2002, constitutes February 9, 2004), and adding the pressure panel to the flexible bracket at FR terminating action for the actions required by 36, adjacent to the longitudinal beams on the paragraphs (g) and (h) of this AD. following new AD: left and right sides of the airplane, in 2018–06–04 Airbus: Amendment 39–19224; accordance with the Accomplishment (j) New Requirement of This AD: Inspection Docket No. FAA–2017–0902; Product Instructions of Airbus Service Bulletin A320– For all airplanes, except for airplanes Identifier 2016–NM–188–AD. 53–1030, Revision 01, excluding Appendix identified in paragraph (l) of this AD: At the 01, dated May 21, 2002. applicable time specified in table 1 to (a) Effective Date (2) If no crack is detected by the inspection paragraph (j) of this AD, do a special detailed This AD is effective May 3, 2018. required by paragraph (g)(1) of this AD, inspection for cracking of the fastener holes

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13392 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

on the pressure panel between FR 35 and FR accordance with the Accomplishment 53–1264, Revision 01, excluding Appendix 36 under the longitudinal beam, in Instructions of Airbus Service Bulletin A320– 01, dated July 4, 2016.

Table 1 to Paragraph (j) of this AD - Pressure Panel Inspection /Modification Threshold

Time accumulated by the airplane on the Compliance time effective date of this AD Affected airplanes (flight cycles or flight hours, whichever occurs (flight cycles and flight hours since the airplane's first) first flight) A: Before accumulating 12,000 flight cycles or 24,000 flight hours since the airplane's first flight; or

All airplanes, except Model Less than 12,000 flight cycles and 24,000 flight hours A318 Elite airplanes; Model B: Within 5,000 flight cycles or 10,000 flight hours A319CJ airplanes (Corporate after the effective date of this AD; Jet - airplanes equipped with whichever occurs later, A orB Modifications 28238, 28162, and 28342); Airbus Model Within 5,000 flight cycles or 10,000 flight hours after A319 series airplanes on 12,000 flight cycles or 24,000 flight hours or more, but the effective date of this AD, without exceeding which the actions specified in less than 30,000 flight cycles and 60,000 flight hours 33,000 flight cycles or 66,000 flight hours since the Airbus Service Bulletin airplane's first flight A320-57-ll93 have been Within 3,000 flight cycles or 6,000 flight hours after embodied (sharklets installed as retrofit); Airbus Model 30,000 flight cycles or 60,000 flight hours or more, but the effective date of this AD, without exceeding A320 series airplanes on less than 40,000 flight cycles and 80,000 flight hours 41,800 flight cycles or 83,600 flight hours since the which the actions specified in airplane's first flight Airbus Service Bulletin A320-57-1193 have been Within 1,800 flight cycles or 3,600 flight hours after embodied (sharklets installed 40,000 flight cycles or 80,000 flight hours or more, but the effective date of this AD, without exceeding as retrofit) less than 44,000 flight cycles and 88,000 flight hours 44,600 flight cycles or 89,200 flight hours since the airplane's first flight Within 600 flight cycles or 1,200 flight hours after the 44,000 flight cycles or 88,000 flight hours or more effective date of this AD

Time accumulated by the airplane on the Compliance time effective date of this AD Affected airplanes (flight cycles or flight hours, whichever occurs (flight cycles and flight hours since the airplane's first) first flight) A: Before accumulating 11,300 flight cycles or 3 3,900 flight hours since airplane first flight; or Less than 11,300 flight cycles and 33,900 flight hours B: Within 2,500 flight cycles or 7,600 flight hours Model A318 Elite airplanes after the effective date of this AD; whichever occurs later, A orB Within 2,500 flight cycles or 7,600 flight hours after 11,300 flight cycles or 33,900 flight hours or more the effective date of this AD A: Before accumulating 6,300 flight cycles or 27,000 flight hours since airplane first flight; or Less than 6,300 flight cycles and 27,000 flight hours B: Within 2,300 flight cycles or 11,300 flight hours Model A319CJ airplanes on after the effective date of this AD; which the actions specified in whichever occurs later, A orB Airbus Service Bulletin A320-57-1193 havenotbeen Within 2,300 flight cycles or 11,300 flight hours after 6,300 flight cycles or 27,000 flight hours or more, but embodied (sharklets not the effective date of this AD, without exceeding installed) less than 14,300 flight cycles and 68,300 flight hours 15,700 flight cycles or 75,100 flight hours since the airplane's first flight Within 1,400 flight cycles or 6,800 flight hours after 14,300 flight cycles or 68,300 flight hours or more the effective date of this AD

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4725 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES ER29MR18.007 ER29MR18.008 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13393

Time accumulated by the airplane on the Compliance time effective date of this AD Affected airplanes (flight cycles or flight hours, whichever occurs (flight cycles and flight hours since the airplane's first) first flight) A: Before accumulating 9,800 flight cycles or 19,600 flight hours since the airplane's first flight; or Less than 9,000 flight cycles and 18,000 flight hours B: Within 3,300 flight cycles or 6,600 flight hours after the effective date of this AD; whichever occurs later, A orB* Within 3,300 flight cycles or 6,600 flight hours after 9,000 flight cycles or 18,000 flight hours or more, but the effective date of this AD, without exceeding less than 24,000 flight cycles and 48,000 flight hours 25,300 flight cycles or 50,600 flight hours since the Model A319 and A320 series airplane's first flight* airplanes on which the actions Within 1,300 flight cycles or 2,600 flight hours after specified in Airbus Service 24,000 flight cycles or 48,000 flight hours or more, but the effective date of this AD, without exceeding Bulletin A320-57-1193 have less than 30,000 flight cycles and 60,000 flight hours 30,700 flight cycles or 61,400 flight hours since the been embodied (sharklets airplane's first flight* installed) Within 700 flight cycles or 1,400 flight hours after the 30,000 flight cycles or 60,000 flight hours or more, but effective date of this AD, without exceeding 32,300 less than 32,000 flight cycles and 64,000 flight hours flight cycles or 64,600 flight hours since the airplane's first flight* Within 300 flight cycles or 600 flight hours after the effective date of this AD, without exceeding 33,000 32,000 flight cycles or 64,000 flight hours or more, but flight cycles or 66,000 flight hours since the airplane's less than 33,000 flight cycles and 66,000 flight hours first flight; or within 30 days after the effective date of this AD; whichever occurs later*

Time accumulated by the airplane on the Compliance time effective date of this AD Affected airplanes (flight cycles or flight hours, whichever occurs (flight cycles and flight hours since the first) airplane's first flight) A: Before accumulating 4,500 flight cycles or 19,600 flight hours since the airplane's first Less than 4,200 flight cycles and 18,000 flight flight; or hours B: Within 1,600 flight cycles or 6,800 flight hours after the effective date of this AD; whichever occurs later, A orB** Model A319 airplanes used as CJ post Airbus Within 1,600 flight cycles or 6,800 flight hours Service Bulletin A320-57 -1193 4,200 flight cycles or 18,000 flight hours or after the effective date of this AD, without more, but less than 14,300 flight cycles and exceeding 15,300 flight cycles or 65,700 flight 61,400 flight hours hours since the airplane's first flight** 14,300 flight cycles or 61,400 flight hours or Within 1,000 flight cycles or 4,300 flight hours more but less than 18,000 flight cycles or after the effective date of this AD** 77,400 flight hours For A319 and A320 airplanes with a sharklet installed as a retrofit (post-Airbus Service Bulletin A320-57-1193 (post-mod 160080)): Guidance on determining an alternative compliance time for the initial inspection can be found in in "Compliance Time" of Part 2, Damage Tolerant Airworthiness Limitation Items, of the Model A318/A319/ A320/ A321 Airworthiness Limitations Section; however, to use that alternative compliance time, operators must request an alternative method of compliance using a method approved in accordance with the procedures specified in paragraph (p)(l) ofthis AD. * Without exceeding the time at which an inspection is required through the threshold or compliance time of a Model A320 airplane, pre-Airbus Service Bulletin A320-57 -1193 (pre-mod 160080). **Without exceeding the time at which an inspection is required through the threshold or compliance time of a Model A319CJ airplane, pre-Airbus Service Bulletin A320-57 -1193 (pre-mod 160080).

(k) On-Condition Actions 53–1264, Revision 01, excluding Appendix corrective actions, in accordance with the (1) If, during any inspection required by 01, dated July 4, 2016: Before further flight, Accomplishment Instructions of Airbus paragraph (j) of this AD, no cracking is found, modify the pressure panel above the left and Service Bulletin A320–53–1240, Revision 02, or cracking is found that is within the limits right longitudinal beams, including doing all dated March 14, 2017; or Service Bulletin specified in Airbus Service Bulletin A320– applicable related investigative and A320–53–1263, Revision 02, excluding

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES ER29MR18.009 ER29MR18.010 13394 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Appendix 01 and including Appendix 02, (iii) Modification of an airplane using paragraph (q)(2) of this AD. Information may dated December 6, 2017, as applicable. Do all instructions obtained in accordance with the be emailed to: 9-ANM-116-AMOC- related investigative and corrective actions procedures specified in paragraph (p)(2) of [email protected]. Before using any before further flight. Where Airbus Service this AD. approved AMOC, notify your appropriate Bulletin A320–53–1240, Revision 02, dated (2) Repair of an airplane as required by principal inspector, or lacking a principal March 14, 2017; or Service Bulletin A320– paragraph (k)(2) of this AD constitutes inspector, the manager of the local flight 53–1263, Revision 02, excluding Appendix terminating action for the repetitive standards district office/certificate holding 01 and including Appendix 02, dated inspections required by paragraph (g)(2) of district office. December 6, 2017; specify to contact Airbus this AD for that airplane, unless specified (2) Contacting the Manufacturer: As of the for appropriate action: Before further flight, otherwise in the repair instructions approved effective date of this AD, for any requirement accomplish the repair using a method by the Manager, International Section, in this AD to obtain corrective actions from approved in accordance with the procedures Transport Standards Branch, FAA; or EASA; a manufacturer, the action must be specified in paragraph (p)(2) of this AD. or Airbus’s EASA DOA. If approved by the accomplished using a method approved by (2) If, during any inspection required by DOA, the approval must include the DOA- the Manager, International Section, Transport paragraph (j) of this AD, any cracking is authorized signature. Standards Branch, FAA; or the European found that exceeds the limits specified in (n) No Reporting Requirement Aviation Safety Agency (EASA); or Airbus’s Airbus Service Bulletin A320–53–1264, EASA Design Organization Approval (DOA). Revision 01, excluding Appendix 01, dated Although Airbus Service Bulletin A320– If approved by the DOA, the approval must July 4, 2016: Before further flight, repair any 53–1264, Revision 01, excluding Appendix include the DOA-authorized signature. cracking in accordance with the 01, dated July 4, 2016, specifies to submit (3) Required for Compliance (RC): Except Accomplishment Instructions of Airbus certain information to the manufacturer, and as required by paragraphs (k)(2) and (n) of Service Bulletin A320–53–1264, Revision 01, specifies that action as ‘‘RC’’ (Required for this AD: If any service information contains excluding Appendix 01, dated July 4, 2016. Compliance), this AD does not include that procedures or tests that are identified as RC, Where Airbus Service Bulletin A320–53– requirement. those procedures and tests must be done to 1264, Revision 01, excluding Appendix 01, (o) Credit for Previous Actions comply with this AD; any procedures or tests dated July 4, 2016, specifies to contact Airbus that are not identified as RC are for appropriate action, and specifies that (1) This paragraph provides credit for actions required by paragraphs (g) and (h)(1) recommended. Those procedures and tests action as ‘‘RC’’ (Required for Compliance), that are not identified as RC may be deviated before further flight, request approval of of this AD, if those actions were performed from using accepted methods in accordance repair instructions using a method approved before March 15, 2004 (the effective date of with the operator’s maintenance or in accordance with the procedures specified AD 2004–03–07) using Airbus Service inspection program without obtaining in paragraph (p)(2) of this AD, and Bulletin A320–53–1030, dated January 5, approval of an AMOC, provided the accomplish the repair accordingly within the 2000; or Airbus Service Bulletin A320–53– procedures and tests identified as RC can be compliance time specified in those 1029, dated January 5, 2000. done and the airplane can be put back in an instructions. If no compliance time is defined (2) This paragraph provides credit for airworthy condition. Any substitutions or in the repair instructions, accomplish the actions required by paragraph (j) of this AD, changes to procedures or tests identified as repair before further flight. if those actions were performed before the effective date of this AD using Airbus Service RC require approval of an AMOC. (l) Actions for Certain Airplanes Bulletin A320–53–1264, dated March 19, (q) Related Information For Model A319 and Model A320 series 2015. airplanes on which the actions specified in (3) This paragraph provides credit for (1) Refer to Mandatory Continuing Airbus Service Bulletin A320–57–1193 have actions required by paragraph (k)(1) of this Airworthiness Information (MCAI) EASA AD been embodied and the airplane has AD, if those actions were performed before 2016–0206, dated October 13, 2016; corrected accumulated 33,000 flight cycles or 66,000 the effective date of this AD using the October 14, 2016; for related information. flight hours or more since the airplane’s first applicable service information specified in This MCAI may be found in the AD docket flight on the effective date of this AD: Within paragraphs (o)(3)(i) through (o)(3)(iv) of this on the internet at http://www.regulations.gov 30 days after the effective date of this AD, AD, for that airplane only. by searching for and locating Docket No. contact the Manager, International Section, (i) Airbus Service Bulletin A320–53–1240, FAA–2017–0902. Transport Standards Branch FAA; or the dated March 19, 2015. (2) For more information about this AD, European Aviation Safety Agency (EASA); or (ii) Airbus Service Bulletin A320–53–1240, contact Sanjay Ralhan, Aerospace Engineer, Airbus’s EASA Design Organization Revision 01, dated April 4, 2016. International Section, Transport Standards Approval (DOA) for approved repair (iii) Airbus Service Bulletin A320–53– Branch, FAA, 2200 South 216th St., Des instructions and within the compliance time 1263, dated March 19, 2015. Moines, WA 98198; telephone 206–231– specified in those instructions, accomplish (iv) Airbus Service Bulletin A320–53– 3223; fax 206–231–3398. the repair accordingly. If approved by the 1263, Revision 01, dated February 29, 2016. (3) Service information identified in this DOA, the approval must include the DOA- (4) This paragraph provides credit for AD that is not incorporated by reference is authorized signature. If no compliance time actions required by paragraph (m)(1)(ii) of available at the addresses specified in is defined in the repair instructions, this AD if those actions were performed paragraphs (r)(5) and (r)(6) of this AD. accomplish the repair before the next flight. before the effective date of this AD using (r) Material Incorporated by Reference Airbus Service Bulletin A320–53–1240, (m) Terminating Action for Repetitive dated March 19, 2015; or Service Bulletin (1) The Director of the Federal Register Inspections A320–53–1263, dated March 19, 2015. approved the incorporation by reference (1) Modification of an airplane as specified (IBR) of the service information listed in this in paragraph (m)(1)(i), (m)(1)(ii), or (m)(1)(iii) (p) Other FAA AD Provisions paragraph under 5 U.S.C. 552(a) and 1 CFR of this AD constitutes terminating action for The following provisions also apply to this part 51. the repetitive inspection required by AD: (2) You must use this service information paragraph (g)(2) of this AD for that airplane (1) Alternative Methods of Compliance as applicable to do the actions required by only. (AMOCs): The Manager, International this AD, unless this AD specifies otherwise. (i) Modification of an airplane as required Section, Transport Standards Branch, FAA, (3) The following service information was by paragraph (k)(1) of this AD. has the authority to approve AMOCs for this approved for IBR on May 3, 2018. (ii) Modification of an airplane prior to the AD, if requested using the procedures found (i) Airbus Service Bulletin A320–53–1029, effective date of this AD, in accordance with in 14 CFR 39.19. In accordance with 14 CFR Revision 01, including Appendix 01, dated the Accomplishment Instructions of Airbus 39.19, send your request to your principal April 29, 2002. Service Bulletin A320–53–1240, Revision 01, inspector or local Flight Standards District (ii) Airbus Service Bulletin A320–53–1240, dated April 4, 2016; or Airbus Service Office, as appropriate. If sending information Revision 01, dated April 4, 2016. Bulletin A320–53–1263, Revision 01, dated directly to the International Branch, send it (iii) Airbus Service Bulletin A320–53– February 29, 2016; as applicable. to the attention of the person identified in 1240, Revision 02, dated March 14, 2017.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13395

(iv) Airbus Service Bulletin A320–53– cap. The actions of this AD are intended Standards Branch, FAA, 10101 1263, Revision 01, dated February 29, 2016. to prevent an unsafe condition on these Hillwood Pkwy., Fort Worth, TX 76177; (v) Airbus Service Bulletin A320–53–1263, products. telephone (817) 222–5110; email Revision 02, excluding Appendix 01 and [email protected]. including Appendix 02, dated December 6, DATES: This AD becomes effective April 2017. 13, 2018. SUPPLEMENTARY INFORMATION: (vi) Airbus Service Bulletin A320–53– The Director of the Federal Register 1264, Revision 01, excluding Appendix 01, approved the incorporation by reference Comments Invited dated July 4, 2016. of certain documents listed in this AD (4) The following service information was as of April 13, 2018. This AD is a final rule that involves approved for IBR on March 15, 2004 (69 FR We must receive comments on this requirements affecting flight safety, and 5907, February 9, 2004). AD by May 29, 2018. we did not provide you with notice and (i) Airbus Service Bulletin A320–53–1030, an opportunity to provide your ADDRESSES: You may send comments by Revision 01, excluding Appendix 01, dated comments prior to it becoming effective. any of the following methods: May 21, 2002. However, we invite you to participate in • Federal eRulemaking Docket: Go to (ii) Reserved. this rulemaking by submitting written (5) For service information identified in http://www.regulations.gov. Follow the comments, data, or views. We also this AD, contact Airbus, Airworthiness online instructions for sending your invite comments relating to the Office—EIAS, 1 Rond Point Maurice comments electronically. Bellonte, 31707 Blagnac Cedex, France; • Fax: 202–493–2251. economic, environmental, energy, or telephone +33 5 61 93 36 96; fax +33 5 61 • Mail: Send comments to the U.S. federalism impacts that resulted from 93 44 51; email account.airworth-eas@ Department of Transportation, Docket adopting this AD. The most helpful airbus.com; internet http://www.airbus.com. Operations, M–30, West Building comments reference a specific portion of (6) You may view this service information the AD, explain the reason for any at the FAA, Transport Standards Branch, Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC recommended change, and include 2200 South 216th St., Des Moines, WA. For supporting data. To ensure the docket information on the availability of this 20590–0001. material at the FAA, call 206–231–3195. • Hand Delivery: Deliver to the does not contain duplicate comments, (7) You may view this service information ‘‘Mail’’ address between 9 a.m. and 5 commenters should send only one copy that is incorporated by reference at the p.m., Monday through Friday, except of written comments, or if comments are National Archives and Records Federal holidays. filed electronically, commenters should Administration (NARA). For information on submit them only one time. We will file the availability of this material at NARA, call Examining the AD Docket in the docket all comments that we 202–741–6030, or go to: http:// You may examine the AD docket on receive, as well as a report summarizing www.archives.gov/federal-register/cfr/ibr- each substantive public contact with locations.html. the internet at http:// www.regulations.gov by searching for FAA personnel concerning this Issued in Renton, Washington, on March 2, and locating Docket No. FAA–2017– rulemaking during the comment period. 2018. 0940; or in person at Docket Operations We will consider all the comments we Michael Kaszycki, between 9 a.m. and 5 p.m., Monday receive and may conduct additional Acting Director, System Oversight Division, through Friday, except Federal holidays. rulemaking based on those comments. Aircraft Certification Service. The AD docket contains this AD, the Discussion [FR Doc. 2018–05019 Filed 3–28–18; 8:45 am] European Aviation Safety Agency BILLING CODE 4910–13–P (EASA) AD, any incorporated-by- EASA, which is the Technical Agent reference service information, the for the Member States of the European economic evaluation, any comments Union, has issued AD No. 2017–0176– DEPARTMENT OF TRANSPORTATION received, and other information. The E, dated September 14, 2017, to correct street address for Docket Operations an unsafe condition for Leonardo S.p.A. Federal Aviation Administration (telephone 800- 647–5527) is in the (previously Agusta) Model A109E, ADDRESSES section. Comments will be A109LUH, A109S, AW109SP, A119, 14 CFR Part 39 available in the AD docket shortly after and AW119 MKII helicopters. EASA [Docket No. FAA–2017–0940; Product receipt. advises of an in-flight loss of an MRB tip Identifier 2017–SW–058–AD; Amendment For service information identified in cap on an AW109SP helicopter where 39–19233; AD 2018–07–02] this final rule, contact Leonardo S.p.A. the pilot was able to safely land the RIN 2120–AA64 Helicopters, Matteo Ragazzi, Head of helicopter. EASA further advises that an Airworthiness, Viale G.Agusta 520, investigation determined the cause as Airworthiness Directives; Agusta 21017 C.Costa di Samarate (Va) Italy; incorrect bonding procedures used S.p.A. Helicopters telephone +39–0331–711756; fax +39– between specific dates and identified 0331–229046; or at http:// the affected MRBs by part number and AGENCY: Federal Aviation www.leonardocompany.com/-/bulletins. serial number. According to EASA, this Administration (FAA), Department of You may review the referenced service condition could result in loss of an MRB Transportation (DOT). information at the FAA, Office of the tip cap, increased pilot workload, and ACTION: Final rule; request for Regional Counsel, Southwest Region, reduced control of the helicopter. To comments. 10101 Hillwood Pkwy., Room 6N–321, address this unsafe condition, the EASA SUMMARY: We are adopting a new Fort Worth, TX 76177. It is also AD requires repetitive inspections of the airworthiness directive (AD) for Agusta available on the internet at http:// MRB tip caps and replacing certain part- S.p.A. (Agusta) Model A109E, A109S, www.regulations.gov by searching for numbered MRBs. AW109SP, A119, and AW119 MKII and locating Docket No. FAA–2017– The FAA is in the process of updating helicopters. This AD requires inspecting 0940. Agusta’s name change to Leonardo the main rotor blade (MRB) tip cap for FOR FURTHER INFORMATION CONTACT: Matt Helicopters on its type certificate. disbonding. This AD is prompted by a Fuller, Senior Aviation Safety Engineer, Because this name change is not yet report of the in-flight loss of an MRB tip Safety Management Section, Rotorcraft effective, this AD specifies Agusta.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13396 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

FAA’s Determination Differences Between This AD and the air commerce by prescribing regulations These helicopters have been approved EASA AD for practices, methods, and procedures by the aviation authority of Italy and are The EASA AD applies to Model the Administrator finds necessary for approved for operation in the United A109LUH helicopters, while this AD safety in air commerce. This regulation States. Pursuant to our bilateral does not as that model helicopter is not is within the scope of that authority agreement with Italy, EASA, its type-certificated in the U.S. The EASA because it addresses an unsafe condition technical representative, has notified us AD requires that you contact Leonardo that is likely to exist or develop on of the unsafe condition described in the Helicopters, and this AD does not. products identified in this rulemaking action. EASA AD. We are issuing this AD Costs of Compliance because we evaluated all information Regulatory Findings provided by EASA and determined the We estimate that this AD affects 130 We determined that this AD will not unsafe condition exists and is likely to helicopters of U.S. Registry. have federalism implications under exist or develop on other helicopters of At an average labor rate of $85 per Executive Order 13132. This AD will these same type designs. work-hour, we estimate that operators may incur the following costs in order not have a substantial direct effect on Related Service Information Under 1 to comply with this AD. Tap inspecting the States, on the relationship between CFR Part 51 the MRB tip caps will require 1 work- the national Government and the States, Leonardo Helicopters has issued hour, for a cost per helicopter of $85 or on the distribution of power and Emergency Alert Service Bulletin and a cost of $11,050 for the U.S. fleet responsibilities among the various (EASB) No. 109EP–157 for Model per inspection cycle. If required, levels of government. A109E helicopters, EASB No. 109S–077 replacing one MRB will require 4 work- For the reasons discussed, I certify for Model A109S helicopters, and EASB hours and required parts will cost that this AD: No. 109SP–116 for Model AW109SP $89,179, for a cost per helicopter of 1. Is not a ‘‘significant regulatory helicopters, all dated September 8, $89,519. action’’ under Executive Order 12866; According to Leonardo Helicopters’ 2017. Leonardo Helicopters has also 2. Is not a ‘‘significant rule’’ under service information, some of the costs of issued EASB No. 119–085, Revision A, DOT Regulatory Policies and Procedures this AD may be covered under warranty, dated September 11, 2017, for Model (44 FR 11034, February 26, 1979); thereby reducing the cost impact on A119 and AW119 MKII helicopters. 3. Will not affect intrastate aviation in affected individuals. We do not control This service information identifies Alaska to the extent that it justifies warranty coverage by Leonardo certain part-numbered and serial- making a regulatory distinction; and Helicopters. Accordingly, we have numbered MRBs for applicability and 4. Will not have a significant included all costs in our cost estimate. describes procedures for tap inspecting economic impact, positive or negative, the tip cap for disbonding. FAA’s Justification and Determination on a substantial number of small entities This service information is reasonably of the Effective Date under the criteria of the Regulatory available because the interested parties Flexibility Act. An unsafe condition exists that We prepared an economic evaluation have access to it through their normal requires the immediate adoption of this course of business or by the means of the estimated costs to comply with AD without providing an opportunity this AD and placed it in the AD docket. identified in the ADDRESSES section. for public comments prior to adoption. AD Requirements The FAA has found that the risk to the List of Subjects in 14 CFR Part 39 flying public justifies waiving notice Air transportation, Aircraft, Aviation For helicopters with an MRB part and comment prior to adoption of this number 709–0104–01–111 with serial safety, Incorporation by reference, rule because the corrective actions Safety. number 1307, 1320, 1346, 1365, 1372, required by this AD must be 1380, 1414, 1426, 1436, 1475, or 1485 accomplished within 5 hours TIS and Adoption of the Amendment installed, this AD requires, within 5 25 hours TIS. hours time-in-service (TIS) and Accordingly, under the authority Therefore, we find good cause that delegated to me by the Administrator, thereafter at intervals not exceeding 5 notice and opportunity for prior public hours TIS, tap inspecting the MRB tip the FAA amends 14 CFR part 39 as comment are impracticable. In addition, follows: cap for disbonding and, if there is for the reasons stated above, we find disbonding, removing the MRB from that good cause exists for making this PART 39—AIRWORTHINESS service before further flight. If there is amendment effective in less than 30 DIRECTIVES no disbonding on any of the days. inspections, this AD requires removing ■ 1. The authority citation for part 39 the MRB from service within 25 hours Authority for This Rulemaking continues to read as follows: TIS. After the effective date of this AD, Title 49 of the United States Code Authority: 49 U.S.C. 106(g), 40113, 44701. this AD prohibits installing these serial- specifies the FAA’s authority to issue numbered MRBs on any helicopter. rules on aviation safety. Subtitle I, § 39.13 [Amended] For all other helicopters, this AD section 106, describes the authority of ■ 2. The FAA amends § 39.13 by adding requires, within 25 hours TIS and the FAA Administrator. ‘‘Subtitle VII: the following new airworthiness thereafter at intervals not exceeding 25 Aviation Programs,’’ describes in more directive (AD): hours TIS, tap inspecting the MRB tip detail the scope of the Agency’s cap for disbonding. If there is any authority. 2018–07–02 Agusta S.p.A.: Amendment 39– disbonding, this AD requires removing We are issuing this rulemaking under 19233; Docket No. FAA–2017–0940; the MRB from service before further the authority described in ‘‘Subtitle VII, Product Identifier 2017–SW–058–AD. flight. The repetitive inspections Part A, Subpart III, Section 44701: (a) Applicability required for these MRBs would no General requirements.’’ Under that This AD applies to Agusta S.p.A. Model longer be required after the MRB section, Congress charges the FAA with A109E, A109S, AW109SP, A119, and AW119 accumulates 400 hours TIS. promoting safe flight of civil aircraft in MKII helicopters, certificated in any category:

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13397

(1) With a main rotor blade (MRB) part (2) With an MRB with a P/N and S/N listed number (P/N) 709–0104–01–111 with a serial in Table 1 to paragraph (a)(2) of this AD, with number (S/N) 1307, 1320, 1346, 1365, 1372, 400 or fewer hours time-in-service (TIS) since 1380, 1414, 1426, 1436, 1475, or 1485; first installation on a helicopter; and

(3) With an MRB P/N 709–0104–01–101 (2) For helicopters listed in paragraph No. 2017–0176–E, dated September 14, 2017. with a S/N K101 or DA38586004–1, or P/N (a)(2) or (a)(3) of this AD, within 25 hours TIS You may view the EASA AD on the internet 709–0104–01–111 with a S/N P451, P460, and thereafter at intervals not exceeding 25 at http://www.regulations.gov by searching Q553, Q557, Q587, Q695, Q832, R2080, hours TIS, using a tap hammer or equivalent, for and locating it in Docket No. FAA–2017– R2212 or V699, with 400 or fewer hours TIS tap inspect each MRB tip cap for disbonding 0940. since maintenance on the tip cap by in the area depicted in Figure 1 of Leonardo (h) Subject Finmecannica between January 1, 2016, and Helicopters EASB No. 109EP–157, dated March 31, 2017. September 8, 2017; EASB No. 109S–077, Joint Aircraft Service Component (JASC) dated September 8, 2017; EASB No. 109SP– Code: 6210 Main Rotor Blades. (b) Unsafe Condition 116, dated September 8, 2017; or EASB No. (i) Material Incorporated by Reference This AD defines the unsafe condition as 119–085, Revision A, dated September 11, disbonding of an MRB tip cap. This 2017; as applicable for your model (1) The Director of the Federal Register condition could result in loss of the MRB tip helicopter. If there is any disbonding, before approved the incorporation by reference of cap, severe vibrations, and subsequent loss of further flight, replace the MRB. the service information listed in this (3) After the effective date of this AD, do control of the helicopter. paragraph under 5 U.S.C. 552(a) and 1 CFR not install an MRB P/N 709–0104–01–111 part 51. (c) Effective Date with a S/N 1307, 1320, 1346, 1365, 1372, (2) You must use this service information 1380, 1414, 1426, 1436, 1475, or 1485 on any This AD becomes effective April 13, 2018. as applicable to do the actions required by helicopter. this AD, unless the AD specifies otherwise. (d) Compliance (f) Alternative Methods of Compliance (i) Leonardo Helicopters Emergency Alert You are responsible for performing each (AMOCs) Service Bulletin No. 109EP–157, dated September 8, 2017. action required by this AD within the (1) The Manager, Safety Management (ii) Leonardo Helicopters Emergency Alert specified compliance time unless it has Section, Rotorcraft Standards Branch, FAA, already been accomplished prior to that time. may approve AMOCs for this AD. Send your Service Bulletin No. 109S–077, dated September 8, 2017. (e) Required Actions proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Section, (iii) Leonardo Helicopters Emergency Alert (1) For helicopters listed in paragraph Rotorcraft Standards Branch, FAA, 10101 Service Bulletin No. 109SP–116, dated (a)(1) of this AD: Hillwood Pkwy., Fort Worth, TX 76177; September 8, 2017. (i) Within 5 hours TIS and thereafter at telephone (817) 222–5110; email 9-ASW- (iv) Leonardo Helicopters Emergency Alert intervals not exceeding 5 hours TIS, using a [email protected]. Service Bulletin No. 119–085, Revision A, tap hammer or equivalent, tap inspect each (2) For operations conducted under a 14 dated September 11, 2017. MRB tip cap for disbonding in the area CFR part 119 operating certificate or under (3) For Leonardo Helicopters service depicted in Figure 1 of Leonardo Helicopters 14 CFR part 91, subpart K, we suggest that information identified in this AD, contact Emergency Alert Service Bulletin (EASB) you notify your principal inspector, or Leonardo S.p.A. Helicopters, Matteo Ragazzi, EASB No. 109S–077, dated September 8, lacking a principal inspector, the manager of Head of Airworthiness, Viale G.Agusta 520, 2017; EASB No. 109SP–116, dated September the local flight standards district office or 21017 C.Costa di Samarate (Va) Italy; 8, 2017; or EASB No. 119–085, Revision A, certificate holding district office, before telephone +39–0331–711756; fax +39–0331– dated September 11, 2017; as applicable for operating any aircraft complying with this 229046; or at http:// your model helicopter. If there is any AD through an AMOC. www.leonardocompany.com/-/bulletins. disbonding, before further flight, remove the (4) You may view this service information MRB from service. (g) Additional Information at FAA, Office of the Regional Counsel, (ii) Within 25 hours TIS, remove the MRB The subject of this AD is addressed in Southwest Region, 10101 Hillwood Pkwy, from service. European Aviation Safety Agency (EASA) AD Room 6N–321, Fort Worth, TX 76177. For

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES ER29MR18.000 13398 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

information on the availability of this http://www.regulations.gov by searching noting that Aviation Partners Boeing material at the FAA, call (817) 222–5110. for and locating Docket No. FAA–2017– (APB) Alert Service Bulletin AP757–53– (5) You may view this service information 0711. 001, Revision 1, dated June 21, 2017, is that is incorporated by reference at the subject to this exception only if Examining the AD Docket National Archives and Records applicable (if winglets are installed on Administration (NARA). For information on You may examine the AD docket on the airplane). Boeing also stated that the availability of this material at NARA, call the internet at http:// (202) 741–6030, or go to: http:// paragraph (h)(2) of the proposed AD www.archives.gov/federal-register/cfr/ibr- www.regulations.gov by searching for should put the required compliance locations.html. and locating Docket No. FAA–2017– time ‘‘after the effective date of this AD’’ 0711; or in person at the Docket in quotations to designate the content Issued in Fort Worth, Texas, on March 21, Management Facility between 9 a.m. 2018. being substituted for the quoted service and 5 p.m., Monday through Friday, Scott A. Horn, information compliance time except Federal holidays. The AD docket statements. Deputy Director for Regulatory Operations, contains this final rule, the regulatory We agree with the commenter’s Compliance & Airworthiness Division, evaluation, any comments received, and Aircraft Certification Service. request. We have separated the other information. The address for the exceptions for the referenced service [FR Doc. 2018–06094 Filed 3–28–18; 8:45 am] Docket Office (phone: 800–647–5527) is information for clarification. We have BILLING CODE 4910–13–P Docket Management Facility, U.S. removed the reference to the APB Alert Department of Transportation, Docket Service Bulletin AP757–53–001, Operations, M–30, West Building Revision 1, dated June 21, 2017, from DEPARTMENT OF TRANSPORTATION Ground Floor, Room W12–140, 1200 paragraph (h)(2) of this AD. We have Federal Aviation Administration New Jersey Avenue SE, Washington, DC also added paragraph (h)(3) to this AD 20590. to specify the exception for the APB 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: service bulletin. Paragraphs (h)(2) and Chandra Ramdoss, Aerospace Engineer, (h)(3) of this AD specify exceptions to [Docket No. FAA–2017–0711; Product Airframe Section, FAA, Los Angeles the referenced service information Identifier 2017–NM–003–AD; Amendment ACO Branch, 3960 Paramount instructions, and are intended to be 39–19227; AD 2018–06–07] Boulevard, Lakewood, CA 90712–4137; used to determine compliance, relative RIN 2120–AA64 phone: 562–627–5239; fax: 562–627– to the effective date of this AD instead 5210; email: chandraduth.ramdoss@ of the issue date of the service Airworthiness Directives; The Boeing faa.gov. information. We have also included the Company Airplanes SUPPLEMENTARY INFORMATION: requested quotations in paragraphs AGENCY: (h)(2) and (h)(3) of this AD. Federal Aviation Discussion Administration (FAA), DOT. Request To Clarify Inspection Location ACTION: Final rule. We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR United Airlines (UAL) asked that the SUMMARY: We are adopting a new part 39 by adding an AD that would actions identified in Figures 5 and 6, airworthiness directive (AD) for certain apply to certain The Boeing Company Note (a), of Boeing Alert Service The Boeing Company Model 757–200, Model 757–200, –200CB, and –300 Bulletin 757–53A0108, dated November –200CB, and –300 series airplanes. This series airplanes. The NPRM published 14, 2016, be clarified. UAL stated that AD was prompted by a report of fatigue in the Federal Register on July 27, 2017 while Figures 5 and 6 correctly depict cracking found in a certain fuselage (82 FR 34888). The NPRM was the required inspection areas, the task frame, which severed the inner chord prompted by a report of fatigue cracking associated with circle action ‘‘2’’ for and web. This AD requires inspecting found in a certain fuselage frame, which each figure specifies a high frequency the fuselage frame for existing repairs, severed the inner chord and web. The eddy current (HFEC) inspection, which repetitive inspections, and applicable NPRM proposed to require inspecting cannot be done around the fasteners repairs. We are issuing this AD to the fuselage frame for existing repairs, common to the inner chord strap. UAL address the unsafe condition on these repetitive inspections, and applicable asked that this discrepancy be products. repairs. We are issuing this AD to detect addressed in the AD in order to avoid the need for approval of requests for an DATES: This AD is effective May 3, 2018. and correct cracking of the fuselage frame at station (STA) 1640, which alternative method of compliance The Director of the Federal Register (AMOC). approved the incorporation by reference could result in reduced structural integrity of the airplane. We agree with the commenter’s of certain publications listed in this AD request, for the reason provided. We as of May 3, 2018. Comments have added paragraph (h)(4) to the ADDRESSES: For service information We gave the public the opportunity to exceptions in this AD to clarify that an identified in this final rule, contact participate in developing this final rule. HFEC inspection of the two fasteners Boeing Commercial Airplanes, The following presents the comments located below the lower edge of the Attention: Contractual & Data Services received on the NPRM and the FAA’s intercostal strap at the locations (C&DS), 2600 Westminster Blvd., MC response to each comment. specified in Figures 5 and 6, Note (a), of 110–SK57, Seal Beach, CA 90740; Boeing Alert Service Bulletin 757– telephone: 562–797–1717; internet: Support for the NPRM 53A0108, dated November 14, 2016, is https://www.myboeingfleet.com. You Aviation Partners Boeing concurs not required by this AD. may view this service information at the with the content of the NPRM. FAA, Transport Standards Branch, 2200 Request To Clarify Compliance South 216th St., Des Moines, WA. For Request To Clarify Certain Exceptions Timeframe information on the availability of this Boeing asked that we clarify the Delta Airlines (DAL) asked that we material at the FAA, call 206–231–3195. service information exceptions in clarify the language used in paragraph It is also available on the internet at paragraph (h)(2) of the proposed AD by (h)(2) of the proposed AD. DAL stated

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13399

that the phrase ‘‘after the original issue Bulletin 757–53A0108, dated November FAA or Boeing Organization of this service bulletin’’ should be 14, 2016, identifies the FedEx Model Designation Authorization (ODA), and clarified by inserting the word ‘‘date’’ 757–200 fleet as Groups 1 and 4, and any relief or required follow-on actions after ‘‘issue’’ to match the compliance that the inspection areas defined for will be included in those approved time specified in paragraph 1.E., these groups have been modified in instructions. Therefore, we have made ‘‘Compliance’’ of Boeing Alert Service accordance with the STC and are no no change to this AD in this regard. Bulletin 757–53A0108, dated November longer applicable. 14, 2016. We agree with the commenters’ Conclusion We agree with the commenter’s requests. The VT MAE STC We reviewed the relevant data, request to include the word ‘‘date’’ in modification to the STA 1640 frame is considered the comments received, and the phrase ‘‘after the original issue of identical to the modification of Boeing determined that air safety and the this service bulletin’’ as corrected in 757–200 special freighter airplanes; the public interest require adopting this paragraph (h)(2) of this AD, because it inspections specified in Boeing Alert final rule with the changes described was inadvertently omitted in the Service Bulletin 757–53A0108, dated previously and minor editorial changes. proposed AD. The same language is November 14, 2016, as listed under We have determined that these minor included in paragraph (h)(3) of this AD. different airplane groups should be used changes: for the FedEx fleet. We have added Request To Clarify Compliance • Are consistent with the intent that paragraph (g)(3) to this AD to clarify the Determination was proposed in the NPRM for requirements for those airplanes. DAL asked that a new paragraph be correcting the unsafe condition; and added to paragraph (h) of this AD to Request To Add Affected AD • Do not add any additional burden clarify using the phrase ‘‘at the original Boeing asserted that AD 2006–11–11, upon the public than was already issue date of this service bulletin’’ to Amendment 39–14615 (71 FR 30278; proposed in the NPRM. determine airplane configuration, and to May 26, 2006) (‘‘AD 2006–11–11’’), We also determined that these provide credit for inspections done would affect the actions of the proposed changes will not increase the economic before the effective date of the AD. DAL AD and asked that we add that AD to burden on any operator or increase the added that these changes would avoid paragraph (b) of this AD (‘‘Affected scope of this final rule. the need for operators to request ADs’’). Boeing added that Boeing Alert AMOCs. Service Bulletin 757–53A0108, dated Related Service Information Under 1 We agree to clarify. We have revised November 14, 2016, was approved as an CFR Part 51 paragraph (h)(2) of this AD and AMOC to AD 2006–11–11 for the We reviewed Boeing Alert Service included similar language in paragraph inspections of the inboard chord and Bulletin 757–53A0108, dated November (h)(3) of this AD to clarify that the inboard chord strap in the area around 14, 2016. This service information exceptions apply to both compliance stringer 14, which is common to part of describes procedures for an inspection times and airplane configurations. In 53–60–15 listed in Section 9 of the of the fuselage frame for existing frame addition, paragraph (f) of this AD Maintenance Planning Data (MPD) repairs, repetitive high frequency eddy requires compliance with this AD document. current and low frequency eddy current within the compliance times specified, We acknowledge the commenter’s inspections for cracking in specified unless the actions have already been rationale for including AD 2006–11–11 areas with no existing frame repair, and done. Therefore, paragraph (f) of this AD in paragraph (b) of this AD. However, repair of any cracking. already gives credit for inspections done paragraph (b), ‘‘Affected ADs,’’ is We also reviewed APB Alert Service before the effective date of this AD. intended to include other affected ADs, Bulletin AP757–53–001, Revision 1, but not all related ADs. It is primarily Request To Clarify Airplane Groups dated June 21, 2017. This service used to reference superseded ADs and information provides compliance times FedEx Express (FedEx) and VT other ADs that are terminated, in whole for accomplishing the procedures Mobile Aerospace Engineering (VT or in part, by requirements in a given identified in Boeing Alert Service MAE) asked that we revise the proposed AD. Therefore, we have made no change Bulletin 757–53A0108, dated November AD to specify the inspections, methods, to this AD in this regard. and compliance times given in Boeing 14, 2016, for airplanes on which APB Alert Service Bulletin 757–53A0108, Request To Change Corrective Actions blended or scimitar blended winglets dated November 14, 2016, but under a FedEx asked that repetitive are installed. different group designation for the inspections of a repair done for a crack This service information is reasonably FedEx fleet of Model 757–200 airplanes. finding be required only based on the available because the interested parties The commenters stated that these original equipment manufacturer/STC have access to it through their normal airplanes were converted by VT MAE holder/FAA requirements for that course of business or by the means supplemental type certificate (STC) repair. FedEx also asked that the identified in the ADDRESSES section. ST03562AT to a configuration similar to repetitive inspections be terminated for Costs of Compliance that of Model 757–200SF airplanes the portion of the inspection area (identified as Groups 2 and 5), and that covered by the repair. We estimate that this AD affects 606 FedEx’s fleet is therefore no longer We do not agree with the commenter’s airplanes of U.S. registry. We estimate configured as passenger airplanes. requests. This AD requires repairing the following costs to comply with this FedEx stated that Boeing Alert Service cracks using a method approved by the AD:

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13400 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

ESTIMATED COSTS

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

Inspection for existing frame re- 1 work-hour × $85 per hour = $85 $0 $85 $51,510. pairs. Repetitive high and low frequency 48 work-hours × $85 per hour = 0 4,080 $2,439,840 per inspection cycle. inspections for Groups 1 through $4,080 per inspection cycle. 3 airplanes (598 airplanes). Repetitive high and low frequency 26 work-hours × $85 per hour = 0 2,210 $17,680 per inspection cycle. inspections for Groups 4 and 5 $2,210 per inspection cycle. airplanes (8 airplanes).

We have received no definitive data (1) Is not a ‘‘significant regulatory (e) Unsafe Condition that enables us to provide cost estimates action’’ under Executive Order 12866, This AD was prompted by a report of for the on-condition repair specified in (2) Is not a ‘‘significant rule’’ under fatigue cracking found in the fuselage frame this AD. DOT Regulatory Policies and Procedures at station (STA) 1640, which severed the inner chord and web. We are issuing this AD Authority for This Rulemaking (44 FR 11034, February 26, 1979), (3) Will not affect intrastate aviation to detect and correct cracking of the fuselage Title 49 of the United States Code frame at STA 1640, which could result in in Alaska, and reduced structural integrity of the airplane. specifies the FAA’s authority to issue (4) Will not have a significant rules on aviation safety. Subtitle I, economic impact, positive or negative, (f) Compliance section 106, describes the authority of on a substantial number of small entities Comply with this AD within the the FAA Administrator. Subtitle VII: under the criteria of the Regulatory compliance times specified, unless already Aviation Programs, describes in more Flexibility Act. done. detail the scope of the Agency’s authority. List of Subjects in 14 CFR Part 39 (g) Actions Required for Compliance We are issuing this rulemaking under (1) For all airplanes except those identified the authority described in Subtitle VII, Air transportation, Aircraft, Aviation in paragraphs (g)(2) and (g)(3) of this AD: Do Part A, Subpart III, Section 44701: safety, Incorporation by reference, all applicable actions identified as ‘‘RC’’ ‘‘General requirements.’’ Under that Safety. (required for compliance) in, and in accordance with, the Accomplishment section, Congress charges the FAA with Adoption of the Amendment Instructions of Boeing Alert Service Bulletin promoting safe flight of civil aircraft in Accordingly, under the authority 757–53A0108, dated November 14, 2016; air commerce by prescribing regulations except as provided by paragraphs (h)(1) and for practices, methods, and procedures delegated to me by the Administrator, the FAA amends 14 CFR part 39 as (h)(4) of this AD. Do the actions at the the Administrator finds necessary for applicable times specified in paragraph 1.E., safety in air commerce. This regulation follows: ‘‘Compliance,’’ of Boeing Alert Service is within the scope of that authority Bulletin 757–53A0108, dated November 14, PART 39—AIRWORTHINESS 2016, except as provided by paragraph (h)(2) because it addresses an unsafe condition DIRECTIVES that is likely to exist or develop on of this AD. products identified in this rulemaking (2) For airplanes on which Aviation ■ 1. The authority citation for part 39 Partners Boeing (APB) Alert Service Bulletin action. continues to read as follows: AP757–53–001, Revision 1, dated June 21, This AD is issued in accordance with Authority: 49 U.S.C. 106(g), 40113, 44701. 2017, blended or scimitar blended winglets authority delegated by the Executive are installed in accordance with Director, Aircraft Certification Service, § 39.13 [Amended] Supplemental Type Certificate ST01518SE: as authorized by FAA Order 8000.51C. Do all applicable actions identified as ‘‘RC’’ In accordance with that order, issuance ■ 2. The FAA amends § 39.13 by adding (required for compliance) in, and in of ADs is normally a function of the the following new airworthiness accordance with, the Accomplishment Compliance and Airworthiness directive (AD): Instructions of APB Alert Service Bulletin AP757–53–001, Revision 1, dated June 21, Division, but during this transition 2018–06–07 The Boeing Company: 2017; and Boeing Alert Service Bulletin 757– period, the Executive Director has Amendment 39–19227; Docket No. 53A0108, dated November 14, 2016; except FAA–2017–0711; Product Identifier delegated the authority to issue ADs as provided by paragraphs (h)(1) and (h)(4) of 2017–NM–003–AD. applicable to transport category this AD. Do the actions at the applicable airplanes to the Director of the System (a) Effective Date times specified in paragraph 1.E., Oversight Division. This AD is effective May 3, 2018. ‘‘Compliance,’’ of APB Alert Service Bulletin Regulatory Findings AP757–53–001, Revision 1, dated June 21, (b) Affected ADs 2017, except as provided by paragraph (h)(3) This AD will not have federalism None. of this AD. implications under Executive Order (3) For airplanes that have been converted 13132. This AD will not have a (c) Applicability from passenger to freighter configuration in substantial direct effect on the States, on This AD applies to The Boeing Company accordance with VT Mobile Aerospace the relationship between the national Model 757–200, –200CB, and –300 series Engineering (VT MAE) Supplemental Type Certificate ST03562AT: Do all applicable government and the States, or on the airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin actions identified as ‘‘RC’’ in, and in distribution of power and 757–53A0108, dated November 14, 2016. accordance with, the Accomplishment responsibilities among the various Instructions of Boeing Alert Service Bulletin levels of government. (d) Subject 757–53A0108, dated November 14, 2016; For the reasons discussed above, I Air Transport Association (ATA) of except as provided by paragraphs (h)(1) and certify that this AD: America Code 53; Fuselage. (h)(4) of this AD. Do the actions at the

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13401

applicable times specified in paragraph 1.E., ACO Branch, to make those findings. To be Issued in Renton, Washington, on March 2, ‘‘Compliance,’’ of Boeing Alert Service approved, the repair method, modification 2018. Bulletin 757–53A0108, dated November 14, deviation, or alteration deviation must meet Michael Kaszycki, 2016, except as provided by paragraph (h)(2) the certification basis of the airplane, and the Acting Director, System Oversight Division, of this AD. Where Boeing Alert Service approval must specifically refer to this AD. Aircraft Certification Service. Bulletin 757–53A0108, dated November 14, (4) Except as required by paragraph (h)(1) 2016, refers to Group 1 airplanes, the tasks [FR Doc. 2018–05017 Filed 3–28–18; 8:45 am] of this AD: For service information that identified under Group 2 airplanes must be BILLING CODE 4910–13–P contains steps that are labeled as RC, the done instead; where Boeing Alert Service Bulletin 757–53A0108, dated November 14, provisions of paragraphs (i)(4)(i) and (i)(4)(ii) 2016, refers to Group 4 airplanes, the tasks of this AD apply. DEPARTMENT OF TRANSPORTATION identified under Group 5 airplanes must be (i) The steps labeled as RC, including done instead. substeps under an RC step and any figures Federal Aviation Administration identified in an RC step, must be done to (h) Exceptions to Service Information comply with the AD. If a step or substep is Specifications 14 CFR Part 39 labeled ‘‘RC Exempt,’’ then the RC (1) Where Boeing Alert Service Bulletin requirement is removed from that step or [Docket No. FAA–2018–0223; Product 757–53A0108, dated November 14, 2016, substep. An AMOC is required for any Identifier 2018–CE–007–AD; Amendment 39–19230; AD 2018–06–10] specifies contacting Boeing for instructions, deviations to RC steps, including substeps and specifies that action as RC: This AD and identified figures. requires using a method approved in RIN 2120–AA64 accordance with the procedures specified in (ii) Steps not labeled as RC may be paragraph (i) of this AD. deviated from using accepted methods in Airworthiness Directives; Honda (2) For purposes of determining accordance with the operator’s maintenance Aircraft Company LLC compliance with the requirements of this AD: or inspection program without obtaining AGENCY: Federal Aviation Where Boeing Alert Service Bulletin 757– approval of an AMOC, provided the RC steps, 53A0108, dated November 14, 2016, uses the including substeps and identified figures, can Administration (FAA), DOT. phrase ‘‘the original issue date of this service still be done as specified, and the airplane ACTION: Final rule; request for bulletin,’’ this AD requires using ‘‘the can be put back in an airworthy condition. comments. effective date of this AD.’’ (3) For purposes of determining (j) Related Information SUMMARY: We are adopting a new compliance with the requirements of this AD: For more information about this AD, airworthiness directive (AD) for certain Where APB Alert Service Bulletin AP757– contact Chandra Ramdoss, Aerospace Honda Aircraft Company LLC Model 53–001, Revision 1, dated June 21, 2017, uses Engineer, Airframe Section, FAA, Los HA–420 airplanes. This AD requires the phrase ‘‘the original issue date of this Angeles ACO Branch, 3960 Paramount incorporating a temporary revision into service bulletin,’’ this AD requires using ‘‘the Boulevard, Lakewood, CA 90712–4137; effective date of this AD.’’ the airplane flight manual and replacing phone: 562–627–5239; fax: 562–627–5210; (4) Where Figures 5 and 6, Step 2, Note (a), faulty power brake valves upon of Boeing Alert Service Bulletin 757– email: [email protected]. condition. This AD was prompted by 53A0108, dated November 14, 2016, specify (k) Material Incorporated by Reference reports of unannunciated asymmetric a high frequency eddy current (HFEC) braking during ground operations and inspection for any crack in the fuselage frame (1) The Director of the Federal Register landing deceleration. We are issuing inner chord forward bend radius and around approved the incorporation by reference this AD to address the unsafe condition the fasteners, between the two fasteners (IBR) of the service information listed in this on these products. above and below the edges of the intercostal paragraph under 5 U.S.C. 552(a) and 1 CFR strap, this AD does not require inspecting part 51. DATES: This AD is effective April 13, around the two fasteners located below the (2) You must use this service information 2018. lower edge of the intercostal strap at stringer as applicable to do the actions required by The Director of the Federal Register 13. this AD, unless the AD specifies otherwise. approved the incorporation by reference (i) Alternative Methods of Compliance (i) Aviation Partners Boeing (APB) Alert of certain publications listed in this AD (AMOCs) Service Bulletin AP757–53–001, Revision 1, as of April 13, 2018. dated June 21, 2017. We must receive comments on this (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs (ii) Boeing Alert Service Bulletin 757– AD by May 14, 2018. for this AD, if requested using the procedures 53A0108, dated November 14, 2016. ADDRESSES: You may send comments, found in 14 CFR 39.19. In accordance with (3) For service information identified in using the procedures found in 14 CFR 14 CFR 39.19, send your request to your this AD, contact Boeing Commercial 11.43 and 11.45, by any of the following principal inspector or local Flight Standards Airplanes, Attention: Contractual & Data methods: District Office, as appropriate. If sending Services (C&DS), 2600 Westminster Blvd., • Federal eRulemaking Portal: Go to information directly to the manager of the MC 110–SK57, Seal Beach, CA 90740; http://www.regulations.gov. Follow the certification office, send it to the attention of telephone: 562–797–1717; internet: https:// instructions for submitting comments. the person identified in paragraph (j) of this www.myboeingfleet.com. • Fax: 202–493–2251. AD. Information may be emailed to 9–ANM– (4) You may view this service information • LAACO–AMOC–[email protected]. at the FAA, Transport Standards Branch, Mail: U.S. Department of (2) Before using any approved AMOC, 2200 South 216th St., Des Moines, WA. For Transportation, Docket Operations, M– notify your appropriate principal inspector, information on the availability of this 30, West Building Ground Floor, Room or lacking a principal inspector, the manager material at the FAA, call 206–231–3195. W12–140, 1200 New Jersey Avenue SE, of the local flight standards district office/ (5) You may view this service information Washington, DC 20590. certificate holding district office. • that is incorporated by reference at the Hand Delivery: U.S. Department of (3) An AMOC that provides an acceptable Transportation, Docket Operations, M– level of safety may be used for any repair, National Archives and Records modification, or alteration required by this Administration (NARA). For information on 30, West Building Ground Floor, Room AD if it is approved by the Boeing the availability of this material at NARA, call W12–140, 1200 New Jersey Avenue SE, Commercial Airplanes Organization 202–741–6030, or go to: http:// Washington, DC 20590, between 9 a.m. Designation Authorization (ODA) that has www.archives.gov/federal-register/cfr/ibr- and 5 p.m., Monday through Friday, been authorized by the Manager, Los Angeles locations.html. except Federal holidays.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13402 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

For service information identified in cause degraded braking performance Interim Action this final rule, contact Honda Aircraft and reduced directional control during We consider this AD interim action. Company LLC, 6430 Ballinger Road, ground operations and landing We are currently considering requiring Greensboro, North Carolina 27410; deceleration. We are issuing this AD to replacement of the installed PBV, P/N telephone (336) 662–0246; internet: address the unsafe condition on these HJ1–13243–101–005 or P/N HJ1–13243– http://www.hondajet.com. You may products. 101–007, with an improved part, which view this service information at the will constitute terminating action for the FAA, Policy and Innovation Division, Related Service Information Under 1 CFR Part 51 temporary revision to the AFM. 901 Locust, Kansas City, Missouri However, the planned compliance time 64106. For information on the We reviewed Honda Aircraft for the replacement of the PBV would availability of this material at the FAA, Company Temporary Revision TR 01.1, allow enough time to provide notice and call (816) 329–4148. It is also available dated February 16, 2018, to the Honda opportunity for prior comment on the on the internet at http:// Aircraft Company HA–420 Airplane merit of the replacement. www.regulations.gov by searching for Flight Manual and Service Bulletin SB– FAA’s Justification and Determination and locating Docket No. FAA–2018– 420–32–001, dated January 8, 2018. of the Effective Date 0223. Temporary Revision TR 01.1, dated Examining the AD Docket February 16, 2018, to the HA–420 An unsafe condition exists that requires the immediate adoption of this You may examine the AD docket on Airplane Flight Manual (AFM) describes AD without providing an opportunity the internet at http:// procedures for performing pilot checks for public comments prior to adoption. www.regulations.gov by searching for of the braking system during ground The FAA has found that the risk to the and locating Docket No. FAA–2018– operations before every flight and before flying public justifies waiving notice 0223; or in person at Docket Operations every landing and includes instructions and comment prior to adoption of this between 9 a.m. and 5 p.m., Monday for corrective actions if any indication rule because failure of the PBV could through Friday, except Federal holidays. of a leaking PBV is found. Service cause degraded braking performance The AD docket contains this final rule, Bulletin SB–420–32–001, dated January and reduced directional control during the regulatory evaluation, any 8, 2018, describes procedures for ground operations and landing comments received, and other replacing a defective PBV with an deceleration. Therefore, we find good information. The street address for the improved design PBV. This service cause that notice and opportunity for Docket Operations (phone: 800–647– information is reasonably available prior public comment are impracticable. 5107) is listed above. Comments will be because the interested parties have In addition, for the reason stated above, available in the AD docket shortly after access to it through their normal course we find that good cause exists for receipt. of business or by the means identified in the ADDRESSES section. making this amendment effective in less FOR FURTHER INFORMATION CONTACT: than 30 days. Samuel Kovitch, Aerospace Engineer, FAA’s Determination Atlanta ACO Branch, FAA, 1701 Comments Invited Columbia Avenue, College Park, Georgia We are issuing this AD because we This AD is a final rule that involves 30337; phone: (404) 474–5570; fax: (404) evaluated all the relevant information requirements affecting flight safety and 474–5605; email: samuel.kovitch@ and determined the unsafe condition was not preceded by notice and an faa.gov. described previously is likely to exist or opportunity for public comment. develop in other products of the same SUPPLEMENTARY INFORMATION: However, we invite you to send any type design. written data, views, or arguments about Discussion AD Requirements this final rule. Send your comments to We received reports of unannunciated an address listed under the ADDRESSES asymmetric braking during landing This AD requires inserting a section. Include the docket number deceleration on several Honda Aircraft temporary revision into the AFM, which FAA–2018–0223 and Product Identifier Company LLC Model HA–420 airplanes. may be performed by the owner/ 2018–CE–007–AD at the beginning of Investigation revealed that the power operator (pilot) holding at least a private your comments. We specifically invite brake valve (PBV) housing design pilot certificate and must be entered comments on the overall regulatory, drawing dimension for a bore diameter, into the airplane records showing economic, environmental, and energy which serves as an O-ring gland outer compliance with this AD in accordance aspects of this final rule. We will diameter, is oversized from Society of with 14 CFR 43.9 (a)(1)–(4) and 14 CFR consider all comments received by the Automotive Engineers (SAE) 91.417(a)(2)(v). The record must be closing date and may amend this final specification guidelines for O-ring gland maintained as required by 14 CFR rule because of those comments. dimensions. The oversized bore allows 91.417, 121.380, or 135.439. This AD We will post all comments we back-up ring extrusion damage during also requires replacing the installed receive, without change, to http:// normal operating hydraulic pressure in PBV, P/N HJ1–13243–101–005 or P/N www.regulations.gov, including any the valve, O-ring deformation/damage, HJ1–13243–101–007, with an improved personal information you provide. We and internal leakage of hydraulic PBV, P/N HJ1–13243–101–009, if a will also post a report summarizing each pressure within the PBV from the defective PBV is detected during the substantive verbal contact we receive master cylinder brake lines. The damage required pilot checks as specified in the about this final rule. to the back-up ring and O-ring worsens temporary revision. In addition, this AD during operation and causes the internal provides an optional terminating action Costs of Compliance leakage rate of the PBV brake master for the temporary revision into the AFM We estimate that this AD affects 72 cylinder lines to increase over time. by replacing the installed PBV with the airplanes of U.S. registry. This condition, if not addressed, could improved PBV, P/N HJ1–13243–101– We estimate the following costs to result in failure of the PBV, which could 009. comply with this AD:

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13403

ESTIMATED COSTS

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

Insert temporary revision into the 1 work-hour × $85 per hour = $85 Not applicable ...... $85 $6,120 airplane flight manual.

We estimate the following costs to do pilot check of the braking system during way of determining the number of any necessary replacements that would ground operations before every flight airplanes that might need these be required based on the results of the and before every landing. We have no replacements:

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replace the power brake valve ...... 20 work-hours × $85 per hour = $1,700 ...... $21,878 $23,578

Authority for This Rulemaking responsibilities among the various (c) Applicability Title 49 of the United States Code levels of government. This AD applies to Honda Aircraft specifies the FAA’s authority to issue For the reasons discussed above, I Company LLC Model HA–420 airplanes, rules on aviation safety. Subtitle I, certify that this AD: serial numbers 42000011 through 4200089, that: section 106, describes the authority of (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (1) have power brake valve, part number the FAA Administrator. ‘‘Subtitle VII: (P/N) HJ1–13243–101–005 or HJ1–13243– Aviation Programs’’ describes in more (2) Is not a ‘‘significant rule’’ under 101–007, installed; and detail the scope of the Agency’s DOT Regulatory Policies and Procedures (2) are certificated in any category. (44 FR 11034, February 26, 1979), authority. (d) Subject We are issuing this rulemaking under (3) Will not affect intrastate aviation the authority described in Subtitle VII, in Alaska, and Joint Aircraft System Component (JASC)/ Part A, Subpart III, section 44701: (4) Will not have a significant Air Transport Association (ATA) of America Code 32, Landing Gear. ‘‘General requirements.’’ Under that economic impact, positive or negative, section, Congress charges the FAA with on a substantial number of small entities (e) Unsafe Condition promoting safe flight of civil aircraft in under the criteria of the Regulatory This AD was prompted by reports of air commerce by prescribing regulations Flexibility Act. unannunciated asymmetric braking during ground operations and landing deceleration. for practices, methods, and procedures List of Subjects in 14 CFR Part 39 the Administrator finds necessary for We are issuing this AD to detect failure of the safety in air commerce. This regulation Air transportation, Aircraft, Aviation power brake valve. The unsafe condition, if not addressed, could result in degraded is within the scope of that authority safety, Incorporation by reference, Safety. braking performance and reduced directional because it addresses an unsafe condition control during ground operations and that is likely to exist or develop on Adoption of the Amendment landing deceleration. products identified in this rulemaking (f) Compliance action. Accordingly, under the authority This AD is issued in accordance with delegated to me by the Administrator, Comply with this AD within the authority delegated by the Executive the FAA amends 14 CFR part 39 as compliance times specified, unless already Director, Aircraft Certification Service, follows: done. as authorized by FAA Order 8000.51C. (g) Insert Temporary Revision into the PART 39—AIRWORTHINESS In accordance with that order, issuance Airplane Flight Manual (AFM) DIRECTIVES of ADs is normally a function of the Before further flight after April 13, 2018 Compliance and Airworthiness ■ 1. The authority citation for part 39 (the effective date of this AD) insert Honda Division, but during this transition continues to read as follows: Aircraft Company Temporary Revision TR period, the Executive Director has 01.1, dated February 16, 2018, into the delegated the authority to issue ADs Authority: 49 U.S.C. 106(g), 40113, 44701. Honda Aircraft Company (Honda) HA–420 Airplane Flight Manual (AFM) (the applicable to small airplanes, gliders, § 39.13 [Amended] temporary revision). This insertion and the balloons, airships, domestic business jet ■ steps therein may be performed by the transport airplanes, and associated 2. The FAA amends § 39.13 by adding the following new airworthiness owner/operator (pilot) holding at least a appliances to the Director of the Policy private pilot certificate and must be entered and Innovation Division. directive (AD): into the airplane records showing 2018–06–10 Honda Aircraft Company LLC: compliance with this AD in accordance with Regulatory Findings Amendment 39–19230; Docket No. 14 CFR 43.9 (a)(1)–(4) and 14 CFR This AD will not have federalism FAA–2018–0223; Product Identifier 91.417(a)(2)(v). The record must be implications under Executive Order 2018–CE–007–AD. maintained as required by 14 CFR 91.417, 121.380, or 135.439. 13132. This AD will not have a (a) Effective Date (h) Replace the Power Brake Valve (PBV) substantial direct effect on the States, on This AD is effective April 13, 2018. the relationship between the national As of and any time after the effective date government and the States, or on the (b) Affected ADs of this AD, if the PBV fails any of the pilot distribution of power and None. checks specified in the temporary revision,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13404 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

before further flight, replace the PBV, P/N approval of an AMOC, provided the RC steps, SUMMARY: This action amends and HJ1–13243–101–005 or P/N HJ1–13243–101– including substeps and identified figures, can removes multiple VHF Omnidirectional 007, with the improved design PBV, P/N still be done as specified, and the airplane Range (VOR) Federal airways in HJ1–13243–101–009. Do the replacement can be put back in an airworthy condition. northcentral United States as part of the using the Accomplishment Instructions in Honda Service Bulletin SB–420–32–001, (m) Related Information FAA’s Next Generation Air dated January 8, 2018. Before further flight For more information about this AD, Transportation System (NextGen) efforts after installing P/N HJ1–13243–101–009, contact Samuel Kovitch, Aerospace Engineer, to safely improve the overall efficiency remove the temporary revision from the Atlanta ACO Branch, FAA, 1701 Columbia of the National Airspace System (NAS) Honda HA–420 AFM. Avenue, College Park, Georgia 30337; phone: and due to the decommissioning of the (404) 474–5570; fax: (404) 474–5605; email: Tiverton, OH, VOR/Distance Measuring (i) Optional Terminating Action for Inserting [email protected]. the AFM Temporary Revision/Pilot Checks Equipment (VOR/DME) navigation aid. This action also incorporates NAV (1) Instead of inserting the temporary (n) Material Incorporated by Reference revision or at any time after inserting the (1) The Director of the Federal Register CANADA’s amendment to one of the temporary revision required by paragraph (g) approved the incorporation by reference airways that crosses into Canada’s of this AD, you may replace the installed (IBR) of the service information listed in this airspace. PBV, P/N HJ1–13243–101–005 or P/N HJ1– paragraph under 5 U.S.C. 510(a) and 1 CFR DATES: Effective date 0901, May 24, 13243–101–007, with the improved design part 51. 2018. The Director of the Federal PBV, P/N HJ1–13243–101–009. The (2) You must use this service information Register approves this incorporation by replacement must be done using the as applicable to do the actions required by Accomplishment Instructions in Honda this AD, unless this AD specifies otherwise. reference action under Title 1, Code of Service Bulletin SB–420–32–001, dated (i) Honda Aircraft Company Temporary Federal Regulations, part 51, subject to January 8, 2018. Before further flight after Revision TR 01.1, dated February 16, 2018, the annual revision of FAA Order installing P/N HJ1–13243–101–009, remove to the Honda Aircraft Company HA–420 7400.11 and publication of conforming the temporary revision from the Honda HA– Airplane Flight Manual. amendments. 420 AFM. (ii) Honda Aircraft Company Service ADDRESSES: FAA Order 7400.11B, (2) If you choose to follow the temporary Bulletin SB–420–32–001, dated January 8, Airspace Designations and Reporting revision required by paragraph (g) of this AD 2018. Points, and subsequent amendments can instead of the optional replacement in (3) For Honda Aircraft Company LLC paragraph (i)(1) of this AD, the on-condition be viewed online at http://www.faa.gov/ service information identified in this AD, _ replacement required by paragraph (h) of this contact Honda Aircraft Company LLC, 6430 air traffic/publications/. For further AD is still required before further flight. Ballinger Road, Greensboro, North Carolina information, you can contact the Airspace Policy Group, Federal Aviation (j) No Reporting Requirement 27410; telephone (336) 662–0246; internet: http://www.hondajet.com. Administration, 800 Independence Although Honda Service Bulletin SB–420– (4) You may view this service information Avenue SW, Washington, DC 20591; 32–001, dated January 8, 2018, specifies to at the FAA, Policy and Innovation Division, submit certain information to the telephone: (202) 267–8783. The Order is 901 Locust, Kansas City, Missouri 64106. For also available for inspection at the manufacturer, this AD does not require that information on the availability of this action. National Archives and Records material at the FAA, call (816) 329–4148. Administration (NARA). For (k) Special Flight Permit (5) You may view the service information that is incorporated by reference at the information on the availability of FAA Special flight permits for this AD are National Archives and Records Order 7400.11B at NARA, call (202) prohibited. Administration (NARA). For information on 741–6030, or go to https:// (l) Alternative Methods of Compliance the availability of this material at NARA, call www.archives.gov/federal-register/cfr/ (AMOCs) 202–741–6030, or go to: http:// ibr-locations.html. (1) The Manager, Atlanta ACO Branch, www.archives.gov/federal-register/cfr/ibr- FAA Order 7400.11, Airspace FAA, has the authority to approve AMOCs locations.html. Designations and Reporting Points, is for this AD, if requested using the procedures Issued in Kansas City, Missouri, on March published yearly and effective on found in 14 CFR 39.19. In accordance with 19, 2018. September 15. 14 CFR 39.19, send your request to your Melvin J. Johnson, FOR FURTHER INFORMATION CONTACT: principal inspector or local Flight Standards Colby Abbott, Airspace Policy Group, District Office, as appropriate. If sending Deputy Director, Policy & Innovation Division, information directly to the manager of the Aircraft Certification Service. Office of Airspace Services, Federal certification office, send it to the attention of [FR Doc. 2018–06091 Filed 3–28–18; 8:45 am] Aviation Administration, 800 the person identified in paragraph (m) of this BILLING CODE 4910–13–P Independence Avenue SW, Washington, AD. DC 20591; telephone: (202) 267–8783. (2) Before using any approved AMOC, SUPPLEMENTARY INFORMATION: notify your appropriate principal inspector, DEPARTMENT OF TRANSPORTATION or lacking a principal inspector, the manager Authority for This Rulemaking of the local flight standards district office/ Federal Aviation Administration The FAA’s authority to issue rules certificate holding district office. (3) For service information that contains regarding aviation safety is found in steps that are labeled as Required for 14 CFR Part 71 Title 49 of the United States Code. Compliance (RC), the provisions of Subtitle I, Section 106 describes the paragraphs (h) and (i) of this AD apply. [Docket No. FAA–2016–9555; Airspace authority of the FAA Administrator. (i) The steps labeled as RC, including Docket No. 16–AGL–2] Subtitle VII, Aviation Programs, substeps under an RC step and any figures describes in more detail the scope of the identified in an RC step, must be done to Modification and Revocation of agency’s authority. This rulemaking is comply with this AD. An AMOC is required Multiple Air Traffic Service (ATS) promulgated under the authority for any deviations to RC steps, including Routes; Northcentral United States substeps and identified figures. described in Subtitle VII, Part A, (ii) Steps not labeled as RC may be AGENCY: Federal Aviation Subpart I, Section 40103. Under that deviated from using accepted methods in Administration (FAA), DOT. section, the FAA is charged with prescribing regulations to assign the use accordance with the operator’s maintenance ACTION: Final rule. or inspection program without obtaining of the airspace necessary to ensure the

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13405

safety of aircraft and the efficient use of rulemaking (SNPRM) in the Federal Order 7400.11B is publicly available as airspace. This regulation is within the Register for Docket No. FAA–2016–9555 listed in the ADDRESSES section of this scope of that authority as it modifies the (82 FR 35918; August 2, 2017). The document. FAA Order 7400.11B lists NAS route structure as necessary to SNPRM proposed to amend three VOR Class A, B, C, D, and E airspace areas, preserve the safe and efficient flow of Federal airways in northcentral United air traffic service routes, and reporting air traffic within the NAS. States to reflect additional amendments points. required by the planned History Difference From NPRM and SNPRM decommissioning of the Tiverton The FAA published a notice of VOR/DME navigation aid and amend The amendment to V–14 is revised to proposed rulemaking (NPRM) in the one VOR Federal airway to reflect NAV remove the airway segment between the Federal Register for Docket No. FAA– CANADA’s additional amendment to Flag City, OH, VORTAC and the Erie, 2016–9555 (82 FR 11859; February 27, the airway within Canada’s airspace. PA, VORTAC. The airway segment 2017). The NPRM proposed to amend The remaining VOR Federal airway between the Erie, PA, VORTAC and and remove multiple VHF amendments and removals proposed in Dunkirk, NY, VOR/DME that was Omnidirectional Range (VOR) Federal the NPRM published in the Federal proposed to be removed, and the airway airways in northcentral United States to Register (82 FR 11859, February 27, segment between the Dunkirk, NY, reflect and accommodate route changes 2017) were unchanged. The SNPRM VOR/DME and Buffalo, NY, VOR/DME being made as part of the FAA’s also clarified the FAA was undertaking that was proposed to be retained, were Cleveland/Detroit Metroplex Project this action in support of its NextGen removed in a separate rulemaking action airspace redesign effort. Interested efforts to safely improve the overall (16–AEA–11) published in the Federal parties were invited to participate in efficiency of the NAS. Interested parties Register (82 FR 26987, June 13, 2017) this rulemaking effort by submitting were invited to participate in this Docket No. FAA–2017–0107. written comments on the proposal. No rulemaking effort by submitting written The amendment to V–464 is revised comments were received. comments on the proposal. One to remove the airway in its entirety. The Subsequent to publication of the comment was received. airway segment between the Aylmer, NPRM, the FAA initiated a project for ON, Canada, VOR/DME and Geneseo, decommissioning the Tiverton, OH, Discussion of Comment NY, VOR/DME that was proposed to be VOR/DME due to the land-lease for the The Aircraft Owners and Pilots retained, was removed in a separate navigation aid expiring and not being Association (AOPA) contended that, for rulemaking action (16–AEA–11) renewed. With the planned those VOR NAVAIDs that are to be published in the Federal Register (82 decommissioning of the Tiverton decommissioned, and for those airways FR 26987, June 13, 2017) Docket No. VOR/DME, several of the Federal that are correspondingly removed, the FAA–2017–0107. airways proposed for amendment in the FAA should create an RNAV waypoint The amendment to V–522 remains to NPRM were impacted and required at the previous NAVAID location and remove the airway in its entirety. additional amendment. Additionally, retain all fixes and intersections along However, the airway was amended in a NAV CANADA amended one of the that route by amending their definition separate rulemaking action (16–AEA– Federal airways proposed for to that of an RNAV waypoint. Their 11) published in the Federal Register amendment in the NPRM that crosses concern was that with the removal of (82 FR 26987, June 13, 2017) Docket No. into Canada’s airspace. That NAV much of the route structure and their FAA–2017–0107. The existing airway to CANADA amendment required the FAA defining fixes, there would be a gap in be removed extends between the Dryer, to adjust the proposed amendment to how pilots could navigate through the OH, VOR/DME and Erie, PA, VORTAC. the airway. Lastly, the FAA reviewed area and how they communicate their Lastly, minor editorial corrections the airway amendments proposed in the planned route of flight to air traffic have been made to a few of the airway NPRM and the Cleveland/Detroit control unless a waypoint system descriptions for standardization. These Metroplex project redesign and remained. corrections include removing the word determined the two activities were in As addressed in the NPRM, and ‘‘via’’ when used between the first and fact independent of each other and not supported in AOPA’s comment, the second airway points listed and connected. The airway amendments FAA is retaining the current fixes changing punctuation (commas to semi- proposed in the NPRM support the contained within the airspace area colons) between airway points FAA’s NextGen efforts to safely improve affected by this action and converting contained in the descriptions. With the the overall efficiency of the NAS. them into RNAV waypoints that will exception of the above noted changes Since several airway amendments remain in place to assist pilots and air and minor editorial corrections, this proposed in the NPRM required further traffic controllers already familiar with rule is the same as that published in the amendment due to the them, for navigation purposes. NPRM and SNPRM. decommissioning of Tiverton VOR/DME Additionally, the FAA is establishing a The Rule and NAV CANADA’s amendment to one waypoint within the immediate vicinity of the airways, and the NPRM of the Tiverton VOR/DME location (60 The FAA is amending Title 14, Code characterization required clarification feet) to further assist pilots navigating of Federal Regulations (14 CFR) part 71 that the airway amendments proposed through the airspace affected by the to modify VOR Federal airways V–2, V– in the NPRM in fact supported the Tiverton VOR/DME being 5, V–6, V–8, V–10, V–11, V–14, V–26, FAA’s NextGen efforts independent decommissioned. V–30, V–38, V–43, V–45, V–47, V–59, from the FAA’s Cleveland/Detroit V–75, V–84, V–92, V–96, V–103, V–116, Metroplex project activities, the FAA Availability and Summary of V–126, V–133, V–170, V–188, V–210, determined it was necessary to Documents for Incorporation by V–221, V–232, V–233, V–450, V–493, supplement the proposal and reopen the Reference and V–542. Additionally, this action comment period to provide additional This document amends FAA Order removes VOR Federal airways V–40, V– opportunity for public comment. 7400.11B, Airspace Designations and 98, V–176, V–297, V–353, V–383, V– The FAA therefore published a Reporting Points, dated August 3, 2017, 396, V–406, V–416, V–418, V–426, V– supplemental notice of proposed and effective September 15, 2017. FAA 435, V–443, V–464, V–467, V–486, V–

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13406 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

522, V–523, V–525, and V–584. These the airspace within Canada. This rule V–43: V–43 extends between the VOR Federal airway amendments and removes the airway segment between Appleton, OH, VORTAC and Buffalo, removals support the FAA’s ongoing the Litchfield, MI, VOR/DME and NY, VOR/DME. This rule removes the NextGen efforts and planned Youngstown, OH, VORTAC, and the airway segments between the Appleton, decommissioning of the Tiverton, OH, exclusion statement for the airspace OH, VORTAC and Youngstown, OH, VOR/DME, and are outlined below. within Canada. The unaffected portions VORTAC; and between the Erie, PA, V–2: V–2 extends between the Seattle, of the existing airway remain VORTAC and Buffalo, NY, VOR/DME. WA, VORTAC and Gardner, MA, VOR/ unchanged. The unaffected portion of the existing DME, excluding the airspace within V–11: V–11 extends between the airway remains unchanged. Canada. This rule removes the airway Brookley, AL, VORTAC and the V–45: V–45 extends between the New segment between the Lansing, MI, intersection of the Fort Wayne, IN, Bern, NC, VOR/DME and Sault Ste VORTAC and Buffalo, NY, VOR/DME, VORTAC 038° and Carleton, MI, Marie, MI, VOR/DME, excluding the and the exclusion statement for the VORTAC 262° radials (CRUXX fix). This airspace within restricted areas R– airspace within Canada. The unaffected rule removes the airway segment 5502A and R–5502B. This rule removes portions of the existing airway remain between the intersection of the Fort the airway segment between the unchanged. Wayne, IN, 038° and Waterville, OH, Appleton, OH, VORTAC and the V–5: V–5 extends between the Pecan, VOR/DME 273° radials (EDGEE fix) and Saginaw, MI, VOR/DME. Additionally, GA, VOR/DME and London, ON, the intersection of the Fort Wayne, IN, this proposal removes the exclusion Canada, VOR/DME, excluding the VORTAC 038° and Carleton, MI, statement for the airspace within airspace within Canada. This rule VORTAC 262° radials (CRUXX fix). The restricted areas R–5502A and R–5502B. removes the airway segment between unaffected portions of the existing The unaffected portions of the existing the Appleton, OH, VORTAC and airway remain unchanged. airway remain unchanged. London, ON, Canada, VOR/DME, and V–14: V–14 extends between the V–47: V–47 extends between the Pine Bluff, AR, VOR/DME and Pocket City, the exclusion statement for the airspace Chisum, NM, VORTAC and Erie, PA, within Canada. The unaffected portions IN, VORTAC; and between the VORTAC; and between the Buffalo, NY, of the existing airway remain Cincinnati, KY, VORTAC and VOR/DME and Norwich, CT, VOR/DME. unchanged. Waterville, OH, VOR/DME. This rule This rule removes the airway segment V–6: V–6 extends between the removes the airway segment between between the Flag City, OH, VORTAC Oakland, CA, VORTAC and DuPage, IL, the Flag City, OH, VORTAC and and Erie, PA, VORTAC. The unaffected VOR/DME; between the intersection of Waterville, OH, VOR/DME, and corrects portions of the existing airway remain the Chicago Heights, IL, VORTAC 358° the state location of the Cincinnati unchanged. and Gipper, MI, VORTAC 271° radials VORTAC to reflect ‘‘Kentucky’’. The (NILES fix) and Waterville, OH, VOR/ V–26: V–26 extends between the Blue unaffected portions of the existing DME; and between the Dryer, OH, VOR/ Mesa, CO, VOR/DME and Dryer, OH, airway remain unchanged. DME and La Guardia, NY, VOR/DME; VOR/DME, excluding the airspace V–59: V–59 extends between the excluding the airspace within restricted within Canada. This rule removes the Pulaski, VA, VORTAC and Briggs, OH, areas R–4803, R–4813A, and R–4813B airway segment between the Lansing, VOR/DME. This rule removes the when active. This rule removes the MI, VORTAC and Dryer, OH, VOR/ airway segment between the airway segments between the DME, and the exclusion statement for Newcomerstown, OH, VOR/DME and intersection of the Gipper, MI, VORTAC the airspace within Canada. The Briggs, OH, VOR/DME. The unaffected 092° and Litchfield, MI, VOR/DME 196° unaffected portions of the existing portions of the existing airway remain radials (MODEM fix) and Waterville, airway remain unchanged. unchanged. OH, VOR/DME; and between the Dryer, V–30: V–30 extends between the V–75: V–75 extends between the OH, VOR/DME and Clarion, PA, VOR/ Badger, WI, VORTAC and Waterville, Morgantown, WV, VORTAC and the DME. Additionally, this rule removes OH, VOR/DME; and between the Dryer, intersection of the Dryer, OH, VOR/DME the exclusion statement for the airspace OH, VOR/DME and Solberg, NJ, VOR/ 325° and Waterville, OH, VOR/DME within restricted areas R–4803, R– DME. This rule removes the airway 062° radials (LLEEO fix), excluding the 4813A, and R–4813B. The unaffected segments between the Litchfield, MI, airspace within Canada. This rule portions of the existing airway remain VOR/DME and Waterville, OH, VOR/ removes the airway segment between unchanged. DME; and between the Dryer, OH, VOR/ the Briggs, OH, VOR/DME and the V–8: V–8 extends between the DME and Clarion, PA, VOR/DME. The intersection of the Dryer, OH, VOR/DME intersection of the Seal Beach, CA, unaffected portions of the existing 325° and Waterville, OH, VOR/DME VORTAC 266° and Ventura, CA, VOR/ airway remain unchanged. 062° radials (LLEEO fix), and the DME 144° radials (DOYLE fix) and the V–38: V–38 extends between the exclusion statement for the airspace Washington, DC, VOR/DME. This rule Moline, IL, VORTAC and Cape Charles, within Canada. The unaffected portions removes the airway segment between VA, VORTAC. This rule removes the of the existing airway remain the Flag City, OH, VORTAC and Briggs, airway segment between the unchanged. OH, VOR/DME. The unaffected portions intersection of the Fort Wayne, IN, V–84: V–84 extends between the of the existing airway remain VORTAC 091° and Rosewood, OH, Northbrook, IL, VOR/DME and Flint, unchanged. VORTAC 334° radials (WINES fix) and MI, VORTAC; and between the Buffalo, V–10: V–10 extends between the the Appleton, OH, VORTAC. The NY, VOR/DME and Syracuse, NY, Pueblo, CO, VORTAC and the unaffected portions of the existing VORTAC. This rule removes the airway intersection of the Bradford, IL, airway remain unchanged. segment between the Lansing, MI, VORTAC 058° and Joliet, IL, VORTAC V–40: V–40 extends between the VORTAC and Flint, MI, VORTAC. The 287° radials (PLANO fix); and between Dryer, OH, VOR/DME and the unaffected portions of the existing the intersection of the Chicago Heights, intersection of the Briggs, OH, VOR/ airway remain unchanged. IL, VORTAC 358° and Gipper, MI, DME 077° and Youngstown, OH, V–92: V–92 extends between the VORTAC 271° radials (NILES fix) and VORTAC 177° radials (CUTTA fix). V– intersection of the Chicago Heights, IL, the Lancaster, PA, VOR/DME; excluding 40 is removed in its entirety. VORTAC 358° and Chicago O’Hare, IL,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13407

VOR/DME 127° radials (BEBEE fix) and V–133: V–133 extends between the portions of the existing airway remain the Armel, VA, VOR/DME. This rule intersection of the Charlotte, NC, VOR/ unchanged. removes the airway segments between DME 305° and Barretts Mountain, NC, V–232: V–232 extends between the the intersection of the Chicago Heights, VOR/DME 197° radials (LINCO fix) and Chardon, OH, VOR/DME and Colts IL, VORTAC 358° and Chicago O’Hare, the Mansfield, OH, VORTAC; and Neck, NJ, VOR/DME. This rule removes IL, VOR/DME 127° radials (BEBEE fix) between the Salem, MI, VORTAC and the airway segment between the and the Chicago Heights, IL, VORTAC; Red Lake, ON, Canada, VOR/DME; Chardon, OH, VOR/DME and Keating, and between the Goshen, IN, VORTAC excluding the airspace within Canada. PA, VORTAC. The unaffected portions and Newcomerstown, OH, VOR/DME. This rule removes the airway segment of the existing airway remain The unaffected portions of the existing between the Zanesville, OH, VOR/DME unchanged. airway remain unchanged. and Mansfield, OH, VORTAC; and V–233: V–233 extends between the V–96: V–96 extends between the between the Salem, MI, VORTAC and Spinner, IL, VORTAC and Pellston, MI, Brickyard, IN, VORTAC and Detroit, MI, Saginaw, MI, VOR/DME. The unaffected VORTAC. This rule removes the airway VOR/DME. This rule removes the portions of the existing airway and the segment between the Litchfield, MI, airway segment between the exclusion statement for the airspace VOR/DME and Mount Pleasant, MI, intersection of the Fort Wayne, IN, within Canada remain unchanged. VOR/DME. The unaffected portions of VORTAC 071° and Flag City, OH, V–170: V–170 extends between the the existing airway remain unchanged. VORTAC 289° radials (TWERP fix) and Devils Lake, ND, VOR/DME and Salem, V–297: V–297 extends between the the Detroit, MI, VOR/DME. The MI, VORTAC; and between the Erie, PA, Johnstown, PA, VORTAC and the unaffected portions of the existing VORTAC and the intersection of the intersection of the Akron, OH, VOR/ airway remain unchanged. Andrews, MD, VORTAC 060° and DME 305° and Waterville, OH, VOR/ V–98: V–98 extends between the Baltimore, MD, VORTAC 165° radials DME 062° radials (LLEEO fix), Dayton, OH, VOR/DME and the (POLLA fix); excluding the airspace excluding the airspace within Canada. intersection of the Carleton, MI, within restricted area R–5802 when V–297 is removed in its entirety. VORTAC 243° and Waterville, OH, active. This rule removes the airway V–353: V–353 extends between the VOR/DME 321° radials (MIZAR fix). V– segment between the Erie, PA, VORTAC Jackson, MI, VOR/DME and Flint, MI, 98 is removed in its entirety. and Bradford, PA, VOR/DME. The VORTAC. V–353 is removed in its V–103: V–103 extends between the unaffected portions of the existing entirety. Chesterfield, SC, VOR/DME and airway and the exclusion statement for V–383: V–383 extends between the Lansing, MI, VORTAC, excluding the restricted area R–5802 remain Rosewood, OH, VORTAC and Detroit, airspace within Canada. This rule unchanged. MI, VOR/DME. V–383 is removed in its removes the airway segment between V–176: V–176 extends between the entirety. the Akron, OH, VOR/DME and Lansing, Carleton, MI, VORTAC and the V–396: V–396 extends between the MI, VORTAC, and the exclusion intersection of the Chardon, OH, VOR/ Windsor, ON, Canada, VOR/DME and statement for the airspace within DME 294° and Dryer, OH, VOR/DME Chardon, OH, VOR/DME, excluding the Canada. The unaffected portions of the 357° radials (HIMEZ fix), excluding the airspace within Canada. V–396 is existing airway remain unchanged. airspace within Canada. V–176 is removed in its entirety. V–116: V–116 extends between the removed in its entirety. V–406: V–406 extends between the intersection of the Chicago O’Hare, IL, V–188: V–188 extends between the Salem, MI, VORTAC and London, ON, VOR/DME 092° and Chicago Heights, IL, Carleton, MI, VORTAC and Groton, CT, Canada, VOR/DME, excluding the VORTAC 013° radials (WILLA fix) and VOR/DME, excluding the airspace airspace within Canada. V–406 is the Sparta, NJ, VORTAC, excluding the within Canada. This rule removes the removed in its entirety. airspace within Canada. This rule airway segment between the Carleton, V–416: V–416 extends between the removes the airway segment between MI, VORTAC and Tidioute, PA, Rosewood, OH, VORTAC and the the intersection of the Chicago O’Hare, VORTAC, and the exclusion statement intersection of the Mansfield, OH, IL, VOR/DME 092° and Chicago Heights, for the airspace within Canada. The VORTAC 045° and Dryer, OH, VOR/ IL, VORTAC 013° radials (WILLA fix) unaffected portions of the existing DME 123° radials (JAKEE fix). V–416 is and the Erie, PA, VORTAC, and the airway remain unchanged. removed in its entirety. exclusion statement for the airspace V–210: V–210 extends between the V–418: V–418 extends between the within Canada. The unaffected portions Los Angeles, CA, VORTAC and Salem, MI, VORTAC and Jamestown, of the existing airway remain Okmulgee, OK, VOR/DME; and between NY, VOR/DME, excluding the airspace unchanged. the Brickyard, IN, VORTAC and within Canada. V–418 is removed in its V–126: V–126 currently extends Yardley, PA, VOR/DME. This rule entirety. between the intersection of the Peotone, removes the airway segment between V–426: V–426 extends between the IL, VORTAC 053° and Knox, IN, VOR/ the Rosewood, OH, VORTAC and Carleton, MI, VORTAC and Dryer, OH, DME 297° radials (BEARZ fix) and the Revloc, PA, VOR/DME. The unaffected VOR/DME. V–426 is removed in its Waterville, OH, VOR/DME; and between portions of the existing airway remain entirety. the Dryer, OH, VOR/DME and unchanged. V–435: V–435 extends between the Stonyfork, PA, VOR/DME. This rule V–221: V–221 extends between the Rosewood, OH, VORTAC and Dryer, removes the airway segment between Bible Grove, IL, VORTAC and Erie, PA, OH, VOR/DME. V–435 is removed in its the intersection of the Goshen, IN, VORTAC, excluding the airspace within entirety. VORTAC 092° and Fort Wayne, IN, Canada. This rule removes the airway V–443: V–443 extends between the VORTAC 016° radials (ILTON fix) and segment between the intersection of the intersection of the Newcomerstown, the Waterville, OH, VOR/DME; and Fort Wayne, IN, VORTAC 016° and OH, VOR/DME 099° and Bellaire, OH, between the Dryer, OH, VOR/DME and Goshen, IN, VORTAC 092° radials VOR/DME 044° radials (WISKE fix) and Erie, PA, VORTAC. The unaffected (ILTON fix) and the Erie, PA, VORTAC, the Aylmer, ON, Canada, VOR/DME, portions of the existing airway remain and the exclusion statement for the excluding the airspace within Canada. unchanged. airspace within Canada. The unaffected V–443 is removed in its entirety.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13408 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

V–450: V–450 extends between the Regulatory Notices and Analyses PART 71—DESIGNATION OF CLASS A, Escanaba, MI, VOR/DME and London, B, C, D, AND E AIRSPACE AREAS; AIR ON, Canada, VOR/DME, excluding the The FAA has determined that this TRAFFIC SERVICE ROUTES; AND airspace within Canada. This rule regulation only involves an established REPORTING POINTS removes the airway segment between body of technical regulations for which the Flint, MI, VORTAC and London, frequent and routine amendments are ■ 1. The authority citation for part 71 ON, Canada, VOR/DME, and the necessary to keep them operationally continues to read as follows: exclusion statement for the airspace current. It, therefore: (1) Is not a Authority: 49 U.S.C. 106(f), 106(g), 40103, within Canada. The unaffected portions ‘‘significant regulatory action’’ under 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, of the existing airway remain Executive Order 12866; (2) is not a 1959–1963 Comp., p. 389. ‘‘significant rule’’ under Department of unchanged. § 71.1 [Amended] V–464: V–464 extends between the Transportation (DOT) Regulatory Salem, MI, VORTAC and Aylmer, ON, Policies and Procedures (44 FR 11034; ■ 2. The incorporation by reference in Canada, VOR/DME, excluding the February 26, 1979); and (3) does not 14 CFR 71.1 of FAA Order 7400.11B, airspace within Canada. V–464 is warrant preparation of a regulatory Airspace Designations and Reporting removed in its entirety. evaluation as the anticipated impact is Points, dated August 3, 2017 and V–467: V–467 extends between the so minimal. Since this is a routine effective September 15, 2017, is Richmond, IN, VORTAC and Detroit, matter that only affects air traffic amended as follows: MI, VOR/DME. V–467 is removed in its Paragraph 6010(a). Domestic VOR Federal procedures and air navigation, it is airways. entirety. certified that this rule, when V–486: V–486 extends between the * * * * * promulgated, does not have a significant intersection of the Akron, OH, VOR/ economic impact on a substantial V–2 [Amended] DME 316° and Chardon, OH, VOR/DME number of small entities under the From Seattle, WA; Ellensburg, WA; Moses 260° radials (LEBRN fix) and the criteria of the Regulatory Flexibility Act. Lake, WA; Spokane, WA; Mullan Pass, ID; Jamestown, NY, VOR/DME. V–486 is Missoula, MT; Helena, MT; INT Helena 119° removed in its entirety. Environmental Review and Livingston, MT, 322° radials; Livingston; V–493: V–493 extends between the Billings, MT; Miles City, MT; 24 miles, 90 Livingston, TN, VORTAC and Carleton, The FAA has determined that this miles, 55 MSL, Dickinson, ND; 10 miles, 60 MI, VORTAC; and between the action amending and removing multiple miles, 38 MSL, Bismarck, ND; 14 miles, 62 Menominee, MI, VOR/DME and VHF Omnidirectional Range (VOR) miles, 34 MSL, Jamestown, ND; Fargo, ND; Rhinelander, WI, VORTAC. This rule Federal airways in northcentral United Alexandria, MN; Gopher, MN; Nodine, MN; removes the airway segment between Lone Rock, WI; Madison, WI; Badger, WI; States qualifies for categorical exclusion Muskegon, MI; to Lansing, MI. From Buffalo, the Appleton, OH, VORTAC and under the National Environmental NY; Rochester, NY; Syracuse, NY; Utica, NY; Carleton, MI, VORTAC. The unaffected Policy Act and its agency-specific Albany, NY; INT Albany 084° and Gardner, portions of the existing airway remain implementing regulations in FAA Order MA, 284° radials; to Gardner. unchanged. 1050.1F, ‘‘Environmental Impacts: * * * * * V–522: V–522 extends between the Policies and Procedures’’ regarding V–5 [Amended] Dryer, OH, VOR/DME and Erie, PA, categorical exclusions for procedural VORTAC. V–522 is removed in its actions at paragraph 5–6.5a, which From Pecan, GA; Vienna, GA; Dublin, GA; Athens, GA; INT Athens 340° and Electric entirety. categorically excludes from full V–523: V–523 extends between the City, SC, 274° radials; INT Electric City 274° environmental impact review Appleton, OH, VORTAC and Erie, PA, and Choo Choo, GA, 127° radials; Choo Choo; rulemaking actions that designate or VORTAC. V–523 is removed in its Bowling Green, KY; New Hope, KY; modify classes of airspace areas, Louisville, KY; Cincinnati, OH; to Appleton, entirety. OH. V–525: V–525 extends between the airways, routes, and reporting points. Appleton, OH, VORTAC and Dryer, OH, Therefore, this airspace action is not V–6 [Amended] VOR/DME. V–525 is removed in its expected to result in any significant From Oakland, CA; INT Oakland 039° and entirety. environmental impacts. In accordance Sacramento, CA, 212° radials; Sacramento; V–542: V–542 extends between the with FAA Order 1050.1F, paragraph 5– Squaw Valley, CA; Mustang, NV; Lovelock, Rosewood, OH, VORTAC and Lebanon, 2 regarding Extraordinary NV; Battle Mountain, NV; INT Battle ° ° NH, VORTAC. This rule removes the Circumstances, this action has been Mountain 062 and Wells, NV, 256 radials; airway segment between the Rosewood, reviewed for factors and circumstances Wells; 5 miles, 40 miles, 98 MSL, 85 MSL, Lucin, UT; 43 miles, 85 MSL, Ogden, UT; 11 OH, VORTAC and Tidioute, PA, in which a normally categorically miles, 50 miles, 105 MSL, Fort Bridger, WY; VORTAC. The unaffected portions of excluded action may have a significant Rock Springs, WY; 20 miles, 39 miles 95 the existing airway remain unchanged. environmental impact requiring further MSL, Cherokee, WY; 39 miles, 27 miles 95 V–584: V–584 extends between the analysis, and it is determined that no MSL, Medicine Bow, WY; INT Medicine Bow Waterville, OH, VOR/DME and Dryer, extraordinary circumstances exist that 106° and Sidney, NE, 291° radials; Sidney; OH, VOR/DME. V–584 is removed in its warrant preparation of an North Platte, NE; Grand Island, NE; Omaha, entirety. environmental assessment. NE; Des Moines, IA; Iowa City, IA; All radials in the route descriptions Davenport, IA; INT Davenport 087° and List of Subjects in 14 CFR Part 71 DuPage, IL, 255° radials; to DuPage. From are stated in True degrees. ° VOR Federal airways are published in INT Chicago Heights, IL, 358 and Gipper, Airspace, Incorporation by reference, MI, 271° radials; Gipper; to INT Gipper 092° paragraph 6010(a) of FAA Order ° Navigation (air). and Litchfield, MI, 196 radials. From 7400.11B, dated August 3, 2017, and Clarion, PA; Philipsburg, PA; Selinsgrove, effective September 15, 2017, which is The Amendment PA; Allentown, PA; Solberg, NJ; INT Solberg incorporated by reference in 14 CFR 107° and Yardley, PA, 068° radials; INT 71.1. The VOR Federal airways listed in In consideration of the foregoing, the Yardley 068° and La Guardia, NY, 213° this document will be subsequently Federal Aviation Administration radials; to La Guardia. published in the Order. amends 14 CFR part 71 as follows: * * * * *

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13409

V–8 [Amended] Litchfield, MI. From Clarion, PA; V–103 [Amended] ° Philipsburg, PA; Selinsgrove, PA; East Texas, From INT Seal Beach, CA, 266 and ° From Chesterfield, SC; Greensboro, NC; Ventura, CA, 144° radials; Seal Beach; PA; INT East Texas 095 and Solberg, NJ, Roanoke, VA; Elkins, WV; Clarksburg, WV; ° Paradise, CA; 35 miles, 7 miles wide (3 miles 264 radials; to Solberg. Bellaire, OH; INT Bellaire 327° and Akron, SE and 4 miles NW of centerline) Hector, CA; * * * * * OH, 181° radials; to Akron. ° Goffs, CA; INT Goffs 033 and Morman Mesa, * * * * * NV, 196° radials; Morman Mesa; Bryce V–38 [Amended] Canyon, UT; Hanksville, UT; Grand Junction, From Moline, IL; INT Moline 082° and V–116 [Amended] ° CO; Rifle, CO; Kremmling, CO; Mile High, Peotone, IL, 281 radials; Peotone; Fort From Erie, PA; Bradford, PA; Stonyfork, ° CO; Akron, CO; Hayes Center, NE; Grand Wayne, IN; to INT Fort Wayne 091 and PA; INT Stonyfork 098° and Wilkes-Barre, ° Island, NE; Omaha, NE; Des Moines, IA; Iowa Rosewood, OH, 334 radials. From Appleton, PA, 310° radials; Wilkes-Barre; INT Wilkes- City, IA; Moline, IL; Joliet, IL; Chicago OH; Zanesville, OH; Parkersburg, WV; Elkins, Barre 084° and Sparta, NJ, 300° radials; to Heights, IL; Goshen, IN; to Flag City, OH. WV; Gordonsville, VA; Richmond, VA; Sparta. From Briggs, OH; Bellaire, OH; INT Bellaire Harcum, VA; to Cape Charles, VA. ° ° * * * * * 107 and Grantsville, MD, 285 radials; * * * * * Grantsville; Martinsburg, WV; to Washington, V–126 [Amended] DC. The portion outside the United States V–40 [Removed] ° has no upper limit. From INT Peotone, IL, 053 and Knox, IN, * * * * * 297° radials; INT Knox 297° and Goshen, IN, * * * * * ° ° V–43 [Amended] 270 radials; Goshen; to INT Goshen 092 and ° V–10 [Amended] Fort Wayne, IN, 016 radials. From Erie, PA; From Youngstown, OH; to Erie, PA. Bradford, PA; to Stonyfork, PA. From Pueblo, CO; 18 miles, 48 miles, 60 * * * * * MSL, Lamar, CO; Garden City, KS; Dodge * * * * * City, KS; Hutchinson, KS; Emporia, KS; INT V–45 [Amended] V–133 [Amended] Emporia 063°and Napoleon, MO, 243° From New Bern, NC; Kinston, NC; Raleigh- ° radials; Napoleon; Kirksville, MO; From INT Charlotte, NC, 305 and Barretts Durham, NC; INT Raleigh-Durham 275° and ° Burlington, IA; Bradford, IL; to INT Bradford ° Mountain, NC, 197 radials; Barretts ° ° Greensboro, NC, 105 radials; Greensboro; Mountain; Charleston, WV; to Zanesville, 058 and Joliet, IL, 287 radials. From INT INT Greensboro 334° and Pulaski, VA, 147° Chicago Heights, IL, 358° and Gipper, MI, OH. From Saginaw, MI; Traverse City, MI; ° radials; Pulaski; Bluefield, WV; Charleston, Escanaba, MI; Sawyer, MI; Houghton, MI; 271 radials; Gipper; to Litchfield, MI. From WV; Henderson, WV; to Appleton, OH. From Youngstown, OH; INT Youngstown 116° and Thunder Bay, ON, Canada; International ° Saginaw, MI; Alpena, MI; to Sault Ste Marie, Falls, MN; to Red Lake, ON, Canada. The Revloc, PA, 300 radials; Revloc; INT Revloc MI. 107° and Lancaster, PA, 280° radials; to airspace within Canada is excluded. Lancaster. * * * * * * * * * * V–11 [Amended] V–47 [Amended] V–170 [Amended] From Brookley, AL; Greene County, MS; From Pine Bluff, AR; Gilmore, AR; From Devils Lake, ND; INT Devils Lake INT Greene County 315° and Magnolia, MS, Dyersburg, TN; Cunningham, KY; to Pocket 187° and Jamestown, ND, 337° radials; 133° radials; Magnolia; Sidon, MS; Holly City, IN. From Cincinnati, KY; Rosewood, Jamestown; Aberdeen, SD; Sioux Falls, SD; Springs, MS; Dyersburg, TN; Cunningham, OH; to Flag City, OH. Worthington, MN; Fairmont, MN; Rochester, KY; Pocket City, IN; Brickyard, IN; Marion, * * * * * MN; Nodine, MN; Dells, WI; INT Dells 097° IN; Fort Wayne, IN; to INT Fort Wayne 038° and Badger, WI, 304° radials; Badger; INT and Waterville, OH, 273° radials. V–59 [Amended] Badger 121° and Pullman, MI, 282° radials; * * * * * From Pulaski, VA; Beckley, WV; Pullman; to Salem, MI. From Bradford, PA; Parkersburg, WV; to Newcomerstown, OH. Slate Run, PA; Selinsgrove, PA; Ravine, PA; V–14 [Amended] * * * * * INT Ravine 125° and Modena, PA, 318° From Chisum, NM; Lubbock, TX; radials; Modena; Dupont, DE; INT Dupont Childress, TX; Hobart, OK; Will Rogers, OK; V–75 [Amended] 223° and Andrews, MD, 060° radials; to INT ° ° INT Will Rogers 052 and Tulsa, OK, 246 From Morgantown, WV; Bellaire, OH; to Andrews 060° and Baltimore, MD, 165° radials; Tulsa; Neosho, MO; Springfield, MO; Briggs, OH. radials. The airspace within R–5802 is Vichy, MO; INT Vichy 067° and St. Louis, excluded when active. ° * * * * * MO, 225 radials; St. Louis; Vandalia, IL; * * * * * Terre Haute, IN; Brickyard, IN; Muncie, IN; V–84 [Amended] to Flag City, OH. From Buffalo, NY; Geneseo, V–176 [Removed] NY; Georgetown, NY; INT Georgetown 093° From Northbrook, IL; Pullman, MI; to ° Lansing, MI. From Buffalo, NY; Geneseo, NY; * * * * * and Albany, NY, 270 radials; Albany; INT ° ° Albany 084° and Gardner, MA, 284° radials; INT Geneseo 091 and Syracuse, NY, 240 V–188 [Amended] radials; to Syracuse. Gardner; to Norwich, CT. From Tidioute, PA; Slate Run, PA; * * * * * * * * * * Williamsport, PA; Wilkes-Barre, PA; INT ° ° V–92 [Amended] Wilkes-Barre 084 and Sparta, NJ, 300 V–26 [Amended] radials; Sparta; INT Sparta 082° and Carmel, From Blue Mesa, CO; Montrose, CO; 13 From Chicago Heights, IL; to Goshen, IN. NY, 243° radials; Carmel; INT Carmel 078° miles, 112 MSL, 131 MSL; Grand Junction, From Newcomerstown, OH; Bellaire, OH; and Groton, CT, 276° radials; to Groton. INT Bellaire 107° and Grantsville, MD, 285° CO; Meeker, CO; Cherokee, WY; Muddy ° * * * * * Mountain, WY; 14 miles 12 AGL, 37 miles 75 radials; Grantsville; INT Grantsville 124 and ° MSL, 84 miles 90 MSL, 17 miles 12 AGL; Armel, VA, 292 radials; to Armel. V–210 [Amended] Rapid City, SD; Philip, SD; Pierre, SD; Huron, * * * * * From Los Angeles, CA; INT Los Angeles SD; Redwood Falls, MN; Farmington, MN; ° ° V–96 [Amended] 083 and Pomona, CA, 240 radials; Pomona; Eau Claire, WI; Waussau, WI; Green Bay, WI; INT Daggett, CA, 229° and Hector, CA, 263° ° INT Green Bay 116 and White Cloud, MI, From Brickyard, IN; Kokomo, IN; Fort radials; Hector; Goffs, CA; 13 miles, 23 miles ° ° 302 radials; White Cloud; to Lansing, MI. Wayne, IN; to INT Fort Wayne 071 and Flag 71 MSL, 85 MSL, Peach Springs, AZ; Grand ° * * * * * City, OH, 289 radials. Canyon, AZ; Tuba City, AZ; 10 miles 90 * * * * * MSL, 91 miles 105 MSL, Rattlesnake, NM; V–30 [Amended] Alamosa, CO; INT Alamosa 074° and Lamar, From Badger, WI; INT Badger 102° and V–98 [Removed] CO, 250° radials; 40 miles, 51 miles, 65 MSL, Pullman, MI, 303° radials; Pullman; to * * * * * Lamar; 13 miles, 79 miles, 55 MSL, Liberal,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13410 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

KS; INT Liberal 137° and Will Rogers, OK, V–493 [Amended] DATES: Effective on March 29, 2018. 284° radials; Will Rogers; INT Will Rogers ° ° From Livingston, TN; Lexington, KY; York, FOR FURTHER INFORMATION CONTACT: 113 and Okmulgee, OK, 238 radials; to KY; INT York 030° and Appleton, OH, 183° Okmulgee. From Brickyard, IN; Muncie, IN; Scott Rosenbloom, Airspace and Rules, radials; to Appleton. From Menominee, MI; AJV–113, Federal Aviation to Rosewood, OH. From Revloc, PA; INT to Rhinelander, WI. Revloc 096° and Harrisburg, PA, 285° radials; Administration, 800 Independence Harrisburg; Lancaster, PA; INT Lancaster * * * * * Avenue SW, Washington, DC 20591; ° ° 095 and Yardley, PA, 255 radials; to V–522 [Removed] telephone (202) 267–3783; email Yardley. [email protected]. V–523 [Removed] * * * * * SUPPLEMENTARY INFORMATION: * * * * * V–221 [Amended] Good Cause for Immediate Adoption V–525 [Removed] From Bible Grove, IL; Hoosier, IN; Without Prior Notice Shelbyville, IN; Muncie, IN; Fort Wayne, IN; * * * * * to INT Fort Wayne 016° and Goshen, IN, 092° Section 553(b)(3)(B) of the V–542 [Amended] radials. Administrative Procedure Act (APA) (5 * * * * * From Tidioute, PA; Bradford, PA; INT U.S.C. 551 et seq.) authorizes agencies Bradford 078° and Elmira, NY, 252° radials; to dispense with notice and comment V–232 [Amended] Elmira; Binghampton, NY; Rockdale, NY; procedures for rules when the agency From Keating, PA; Milton, PA; INT Milton Albany, NY; Cambridge, NY; INT Cambridge for ‘‘good cause’’ finds that those 063° and Lebanon, NH, 214° radials; to 099° and Solberg, NJ, 299° radials; Solberg; procedures are ‘‘impracticable, ° ° Lebanon. INT Solberg 137 and Colts Neck, NJ, 263 unnecessary, or contrary to the public radials; to Colts Neck. * * * * * interest.’’ Under this section, an agency, V–233 [Amended] V–584 [Removed] upon finding good cause, may issue a From Spinner, IL; INT Spinner 061° and final rule without seeking comment Issued in Washington, DC, on March 22, Roberts, IL, 233° radials; Roberts; Knox, IN; prior to the rulemaking. 2018. Goshen, IN; to Litchfield, MI. From Mount Section 553(d)(3) of the Pleasant, MI; INT Mount Pleasant 351° and Rodger A. Dean Jr., Administrative Procedure Act requires ° Gaylord, MI, 207 radials; Gaylord; to Manager, Airspace Policy Group. that agencies publish a rule not less Pellston, MI. [FR Doc. 2018–06268 Filed 3–28–18; 8:45 am] than 30 days before its effective date, * * * * * BILLING CODE 4910–13–P except as otherwise provided by the V–297 [Removed] agency for good cause found and * * * * * published with the rule. DEPARTMENT OF TRANSPORTATION This document revises § 93.343(a) of V–353 [Removed] title 14 of the Code of Federal Federal Aviation Administration * * * * * Regulations (14 CFR) by updating the organization responsible for processing V–383 [Removed] 14 CFR Part 93 IFR and FRZ flight plans from/to * * * * * [Docket No. FAA–2004–17005; Amdt. No. College Park, Potomac Airfield, and V–396 [Removed] 93–91A] Washington Executive/Hyde Field * * * * * airports. This revision will not impose RIN 2120–AI17 any additional restrictions on the V–406 [Removed] persons affected by these regulations. * * * * * Washington, DC Metropolitan Area Special Flight Rules Area; Technical Furthermore, any additional delay in V–416 [Removed] Amendment revising the regulations would be * * * * * contrary to the public interest because it AGENCY: Federal Aviation would create confusion among pilots V–418 [Removed] Administration, DOT. operating in the DC SFRA including the * * * * * ACTION: Final rule; technical DC FRZ. Accordingly, the FAA finds V–426 [Removed] amendment. that (i) public comment on this change prior to promulgation is unnecessary * * * * * SUMMARY: Currently, FAA regulations and contrary to public interest, and (ii) V–435 [Removed] require all pilots operating aircraft to or good cause exists to make this rule * * * * * from College Park Airport, Potomac effective in less than 30 days. Airfield or Washington Executive/Hyde V–443 [Removed] Field Airport to file instrument flight Background * * * * * rules (IFR), DC Flight Restricted Zone Currently, § 93.343(a) requires pilots V–450 [Amended] (FRZ), or DC Special Flight Rules Area to file IFR, DC FRZ, or DC SFRA flight From Escanaba, MI; Menominee, MI; Green (SFRA) flight plans with the plans with the Washington Hub FSS for Bay, WI; Muskegon, MI; INT Muskegon 094° Washington Hub Flight Service Station each departure and arrival from/to and Flint, MI, 280° radials; to Flint. (FSS). The FAA is transferring the College Park, Potomac Airfield, and * * * * * responsibility for processing flight plans Washington Executive/Hyde Field within the DC FRZ from the Washington Airports, whether or not the aircraft V–464 [Removed] Hub FSS to the Washington Air Route makes an immediate stop. * * * * * Traffic Control Center (ARTCC). This An objective of the Administrator’s V–467 [Removed] document revises the regulations by Flight Service National Airspace System * * * * * updating the organization responsible (NAS) Efficient Streamlined Services for processing the flight plans and by Initiative is to realign activities through V–486 [Removed] updating the flight plans required for more efficient delivery of services. As * * * * * flight operations in the DC FRZ. part of this initiative, the FAA is

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13411

transferring the responsibility for amends chapter I of title 14, Code of DEPARTMENT OF TRANSPORTATION processing IFR and DC FRZ flight plans Federal Regulations as follows: within the Washington DC Flight Federal Aviation Administration Restricted Zone from the Washington PART 93—SPECIAL AIR TRAFFIC Hub FSS to the Flight Data Unit (FDU) RULES 14 CFR Part 97 at Washington ARTCC. This transition [Docket No. 31184; Amdt. No. 3791] will occur on March 29, 2018. As a ■ 1. The authority citation for part 93 result, the FAA is updating § 93.343(a) continues to read as follows: Standard Instrument Approach 1 to reflect the change in responsibility. Procedures, and Takeoff Minimums Also as a result of the transition, the Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40109, 40113, 44502, 44514, 44701, and Obstacle Departure Procedures; FAA is removing from §§ 93.341(d) and Miscellaneous Amendments 93.343(a)(2) the references to the DC 44715, 44719, 46301. SFRA flight plan. Both regulations AGENCY: ■ 2. Amend § 93.341 by revising Federal Aviation govern flight operations within the DC Administration (FAA), DOT. paragraph (d) to read as follows: FRZ, which require a DC FRZ flight ACTION: Final rule. plan. Because a single entity was § 93.341 Aircraft operations in the DC FRZ. responsible for processing both DC SUMMARY: This rule establishes, amends, * * * * * SFRA and DC FRZ flight plans, the FAA suspends, or removes Standard has effectively construed any request for (d) Before departing from an airport Instrument Approach Procedures a DC SFRA flight plan to/from a location within the DC FRZ, or before entering (SIAPs) and associated Takeoff within the DC FRZ as a DC FRZ flight the DC FRZ, all aircraft, except DOD, Minimums and Obstacle Departure plan. Once the responsibilities for law enforcement, and lifeguard or air Procedures (ODPs) for operations at processing DC SFRA and DC FRZ flight ambulance aircraft operating under an certain airports. These regulatory plans are divided between two entities, FAA/TSA airspace authorization must actions are needed because of the however, the FAA will no longer be able file and activate an IFR or a DC FRZ adoption of new or revised criteria, or to re-characterize a DC SFRA flight plan flight plan and transmit a discrete because of changes occurring in the as a DC FRZ flight plan. The FAA is, transponder code assigned by an Air National Airspace System, such as the therefore, removing the references to the Traffic Control facility. Aircraft must commissioning of new navigational DC SFRA from §§ 93.341(d) and transmit the discrete transponder code facilities, adding new obstacles, or 93.343(a)(2) to make clear that a pilot at all times while in the DC FRZ or DC changing air traffic requirements. These must file either an IFR or DC FRZ flight SFRA. changes are designed to provide safe plan when operating to or from the DC and efficient use of the navigable FRZ. ■ 3. Amend § 93.343 by revising airspace and to promote safe flight Furthermore, the FAA notes that it paragraphs (a)(2) and (a)(3) to read as operations under instrument flight rules has communicated with the follows: at the affected airports. Transportation Security Administration DATES: This rule is effective March 29, (TSA) about a corresponding technical § 93.343 Requirements for aircraft 2018. The compliance date for each amendment that must be made to 49 operations to or from College Park Airport, SIAP, associated Takeoff Minimums, CFR 1562.3(g)(1) to include the new Potomac Airfield, or Washington Executive/ and ODP is specified in the amendatory organization responsible for processing Hyde Field Airport. provisions. IFR and DC FRZ flight plans. (a) * * * The incorporation by reference of Technical Amendment (2) Before departing, the pilot files an certain publications listed in the regulations is approved by the Director In this technical amendment, the FAA IFR or DC FRZ flight plan with the of the Federal Register as of March 29, is revising § 93.343(a)(2) and (3) by Washington Air Route Traffic Control 2018. removing the references to the Center for each departure and arrival Washington Hub FSS. In their place, the from/to College Park, Potomac Airfield, ADDRESSES: Availability of matters FAA is inserting references to the and Washington Executive/Hyde Field incorporated by reference in the amendment is as follows: Washington ARTCC, which is the new airports, whether or not the aircraft organization responsible for processing makes an intermediate stop; For Examination the flight plans. Furthermore, the FAA (3) When filing a flight plan with the is revising §§ 93.341(d) and 93.343(a)(2) 1. U.S. Department of Transportation, Washington Air Route Traffic Control by removing the references to the DC Docket Ops-M30, 1200 New Jersey SFRA flight plan. Center, the pilot identifies himself or Avenue SE, West Bldg., Ground Floor, herself by providing the assigned pilot Washington, DC, 20590–0001. List of Subjects in 14 CFR Part 93 identification code. The Washington Air 2. The FAA Air Traffic Organization Air traffic control, Airports, Route Traffic Control Center will accept Service Area in which the affected Navigation (air), Reporting and the flight plan only after verifying the airport is located; recordkeeping requirements. code; and 3. The office of Aeronautical Navigation Products, 6500 South * * * * * The Amendment MacArthur Blvd., Oklahoma City, OK In consideration of the foregoing, the Issued under the authority of 49 U.S.C. 73169 or, Federal Aviation Administration 106(f) and (g) and 40103 in Washington, DC. 4. The National Archives and Records Lirio Liu, Administration (NARA). For 1 The FAA notes that this change in responsibility Executive Director, Office of Rulemaking. information on the availability of this will also generate a change in the dedicated phone [FR Doc. 2018–06335 Filed 3–28–18; 8:45 am] material at NARA, call 202–741–6030, number used for pilots to confirm their flight plan. or go to: http://www.archives.gov/ Therefore, the FAA is also revising its Orders to BILLING CODE 4910–13–P _ _ _ _ update the phone number and organization federal register/code of federal responsible for filing IFR and DC FRZ flight plans. regulations/ibr_locations.html.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13412 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Availability Minimums and/or ODPS as identified in Issued in Washington, DC, on March 9, 2018. All SIAPs and Takeoff Minimums and the amendatory language for part 97 of ODPs are available online free of charge. this final rule. John S. Duncan, Director, Flight Standards Service. Visit the National Flight Data Center at The Rule nfdc.faa.gov to register. Additionally, Adoption of the Amendment individual SIAP and Takeoff Minimums This amendment to 14 CFR part 97 is and ODP copies may be obtained from effective upon publication of each Accordingly, pursuant to the the FAA Air Traffic Organization separate SIAP, Takeoff Minimums and authority delegated to me, Title 14, Service Area in which the affected ODP as Amended in the transmittal. Code of Federal Regulations, Part 97 (14 airport is located. Some SIAP and Takeoff Minimums and CFR part 97) is amended by textual ODP amendments may have establishing, amending, suspending, or FOR FURTHER INFORMATION CONTACT: been issued previously by the FAA in a removing Standard Instrument Thomas J. Nichols, Flight Procedure Flight Data Center (FDC) Notice to Approach Procedures and/or Takeoff Standards Branch (AFS–420), Flight Airmen (NOTAM) as an emergency Minimums and Obstacle Departure Technologies and Programs Divisions, action of immediate flight safety relating Procedures effective at 0901 UTC on the Flight Standards Service, Federal directly to published aeronautical dates specified, as follows: Aviation Administration, Mike charts. Monroney Aeronautical Center, 6500 The circumstances that created the PART 97—STANDARD INSTRUMENT South MacArthur Blvd. Oklahoma City, APPROACH PROCEDURES OK. 73169 (Mail Address: P.O. Box need for some SIAP and Takeoff Minimums and ODP amendments may 25082, Oklahoma City, OK 73125) ■ 1. The authority citation for part 97 Telephone: (405) 954–4164. require making them effective in less than 30 days. For the remaining SIAPs continues to read as follows: SUPPLEMENTARY INFORMATION: This rule and Takeoff Minimums and ODPs, an Authority: 49 U.S.C. 106(f), 106(g), 40103, amends Title 14 of the Code of Federal effective date at least 30 days after 40106, 40113, 40114, 40120, 44502, 44514, Regulations, Part 97 (14 CFR part 97), by publication is provided. 44701, 44719, 44721–44722. establishing, amending, suspending, or Further, the SIAPs and Takeoff ■ 2. Part 97 is amended to read as removes SIAPS, Takeoff Minimums follows: and/or ODPS. The complete regulatory Minimums and ODPs contained in this description of each SIAP and its amendment are based on the criteria Effective 26 April 2018 contained in the U.S. Standard for associated Takeoff Minimums or ODP Washington, DC, Ronald Reagan Washington for an identified airport is listed on FAA Terminal Instrument Procedures National, LDA Z RWY 19, Amdt 3B form documents which are incorporated (TERPS). In developing these SIAPs and Washington, DC, Ronald Reagan Washington by reference in this amendment under 5 Takeoff Minimums and ODPs, the National, RNAV (GPS) RWY 15, Orig-A U.S.C. 552(a), 1 CFR part 51, and 14 TERPS criteria were applied to the Washington, DC, Ronald Reagan Washington CFR part 97.20. The applicable FAA conditions existing or anticipated at the National, RNAV (RNP) RWY 1, Amdt 1B forms are FAA Forms 8260–3, 8260–4, affected airports. Because of the close Effective 24 May 2018 8260–5, 8260–15A, and 8260–15B when and immediate relationship between these SIAPs, Takeoff Minimums and Unalakleet, AK, Unalakleet, LOC RWY 15, required by an entry on 8260–15A. Amdt 5 The large number of SIAPs, Takeoff ODPs, and safety in air commerce, I find Unalakleet, AK, Unalakleet, RNAV (GPS) Minimums and ODPs, their complex that notice and public procedure under RWY 33, Amdt 1 nature, and the need for a special format 5 U.S.C. 553(b) are impracticable and Unalakleet, AK, Unalakleet, RNAV (GPS)–A, make publication in the Federal contrary to the public interest and, Amdt 1 Register expensive and impractical. where applicable, under 5 U.S.C 553(d), Unalakleet, AK, Unalakleet, RNAV (GPS) Z good cause exists for making some RWY 33, Orig-A, CANCELED Further, airmen do not use the Unalakleet, AK, Unalakleet, Takeoff regulatory text of the SIAPs, Takeoff SIAPs effective in less than 30 days. The FAA has determined that this Minimums and Obstacle DP, Amdt 2 Minimums or ODPs, but instead refer to Unalakleet, AK, Unalakleet, UNALAKLEET their graphic depiction on charts regulation only involves an established ONE, Graphic DP printed by publishers of aeronautical body of technical regulations for which Unalakleet, AK, Unalakleet, VOR–D, Amdt 6 materials. Thus, the advantages of frequent and routine amendments are Haleyville, AL, Posey Field, VOR/DME–A, incorporation by reference are realized necessary to keep them operationally Amdt 4A, CANCELED and publication of the complete current. It, therefore—(1) is not a Hamilton, AL, Marion County-Rankin Fite, description of each SIAP, Takeoff ‘‘significant regulatory action’’ under VOR RWY 18, Amdt 5A, CANCELED Executive Order 12866;(2) is not a Prattville, AL, Prattville—Grouby Field, Minimums and ODP listed on FAA form RNAV (GPS) RWY 27, Amdt 1 documents is unnecessary. This ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 Vernon, AL, Lamar County, VOR/DME–A, amendment provides the affected CFR Amdt 3, CANCELED sections and specifies the types of FR 11034; February 26,1979); and (3) Rogers, AR, Rogers Executive—Carter Field, SIAPs, Takeoff Minimums and ODPs does not warrant preparation of a Takeoff Minimums and Obstacle DP, with their applicable effective dates. regulatory evaluation as the anticipated Amdt 1 This amendment also identifies the impact is so minimal. For the same San Diego/El Cajon, CA, Gillespie Field, airport and its location, the procedure, reason, the FAA certifies that this RNAV (GPS) RWY 9L, Orig and the amendment number. amendment will not have a significant Meriden, CT, Meriden Markham Muni, VOR economic impact on a substantial RWY 36, Amdt 5 Availability and Summary of Material number of small entities under the Millen, GA, Millen, NDB RWY 17, Orig-B, Incorporated by Reference criteria of the Regulatory Flexibility Act. CANCELED Gooding, ID, Gooding Muni, NDB RWY 25, The material incorporated by List of Subjects in 14 CFR Part 97 Amdt 1A, CANCELED reference is publicly available as listed Angola, IN, Tri-State Steuben County, RNAV in the ADDRESSES section. Air Traffic Control, Airports, (GPS) RWY 5, Orig-D The material incorporated by Incorporation by reference, Navigation Angola, IN, Tri-State Steuben County, RNAV reference describes SIAPS, Takeoff (Air). (GPS) RWY 23, Orig-C

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13413

Kendallville, IN, Kendallville Muni, RNAV Raleigh/Durham, NC, Raleigh-Durham Intl, Mansfield, OH, Mansfield Lahm Rgnl, VOR (GPS) RWY 10, Orig-B RNAV (GPS) Y RWY 23L, Amdt 2 RWY 14, Amdt 16A Kendallville, IN, Kendallville Muni, RNAV Toms River, NJ, Ocean County, RNAV (GPS) Mansfield, OH, Mansfield Lahm Rgnl, VOR (GPS) RWY 28, Amdt 1B RWY 24, Amdt 1 RWY 32, Amdt 7B Hugoton, KS, Hugoton Muni, RNAV (GPS) Toms River, NJ, Ocean County, VOR RWY Medina, OH, Medina Muni, RNAV (GPS) RWY 2, Orig-A 24, Amdt 5 RWY 9, Orig-C Hugoton, KS, Hugoton Muni, RNAV (GPS) Gallup, NM, Gallup Muni, LOC RWY 6, Ottawa, OH, Putnam County, RNAV (GPS) RWY 20, Orig-A Amdt 3C RWY 9, Orig-A Smith Center, KS, Smith Center Muni, VOR– Gallup, NM, Gallup Muni, VOR RWY 6, Ottawa, OH, Putnam County, RNAV (GPS) A, Amdt 3 Amdt 8A RWY 27, Orig-A Flemingsburg, KY, Fleming-Mason, LOC New York, NY, John F Kennedy Intl, Ottawa, OH, Putnam County, VOR RWY 27, RWY 25, Amdt 1A, CANCELED COPTER RNAV (GPS) 027, Orig-C Amdt 2B Houlton, ME, Houlton Intl, VOR/DME RWY New York, NY, John F Kennedy Intl, ILS OR Salem, OH, Salem Airpark Inc, Takeoff 5, Amdt 11B, CANCELED LOC RWY 22R, Amdt 2B Minimums and Obstacle DP, Amdt 2 Adrian, MI, Lenawee County, NDB RWY 5, Akron, OH, Akron-Canton Rgnl, ILS OR LOC Wauseon, OH, Fulton County, RNAV (GPS) Orig-A RWY 1, Amdt 38A RWY 9, Orig-B Adrian, MI, Lenawee County, RNAV (GPS) Ashland, OH, Ashland County, VOR–A, Willard, OH, Willard, VOR–A, Orig-B RWY 5, Amdt 1A Amdt 9D Willoughby, OH, Willoughby Lost Nation Adrian, MI, Lenawee County, RNAV (GPS) Ashtabula, OH, Northeast Ohio Rgnl, VOR Muni, NDB RWY 10, Amdt 10A RWY 23, Orig-A RWY 27, Amdt 7A Willoughby, OH, Willoughby Lost Nation Ann Arbor, MI, Ann Arbor Muni, Takeoff Ashtabula, OH, Northeast Ohio Rgnl, VOR– Muni, RNAV (GPS) RWY 5, Orig-A A, Orig-A Minimums and Obstacle DP, Amdt 9A Willoughby, OH, Willoughby Lost Nation Battle Creek, MI, W K Kellogg, RNAV (GPS) Bowling Green, OH, Wood County, RNAV Muni, RNAV (GPS) RWY 10, Orig-B RWY 31, Amdt 1 (GPS) RWY 10, Orig-D Willoughby, OH, Willoughby Lost Nation Caro, MI, Tuscola Area, RNAV (GPS) RWY 6, Bowling Green, OH, Wood County, RNAV Muni, RNAV (GPS) RWY 23, Orig-B Amdt 2 (GPS) RWY 18, Orig-C Willoughby, OH, Willoughby Lost Nation Caro, MI, Tuscola Area, RNAV (GPS) RWY Bowling Green, OH, Wood County, RNAV Muni, RNAV (GPS) RWY 28, Orig-A 24, Amdt 2 (GPS) RWY 28, Orig-C Willoughby, OH, Willoughby Lost Nation Caro, MI, Tuscola Area, VOR–A, Amdt 7 Bowling Green, OH, Wood County, RNAV Muni, Takeoff Minimums and Obstacle DP, Davison, MI, Athelone Williams Memorial, (GPS) RWY 36, Orig-C Amdt 3A RNAV (GPS) RWY 8, Orig-A, CANCELED Bucyrus, OH, Port Bucyrus-Crawford County, Zanesville, OH, Zanesville Muni, ILS OR Davison, MI, Athelone Williams Memorial, RNAV (GPS) RWY 4, Orig-A LOC RWY 22, Amdt 1A RNAV (GPS) RWY 26, Orig-A, CANCELED Bucyrus, OH, Port Bucyrus-Crawford County, Holdenville, OK, Holdenville Muni, NDB Davison, MI, Athelone Williams Memorial, RNAV (GPS) RWY 22, Orig-B Takeoff Minimums and Obstacle DP, Amdt Bucyrus, OH, Port Bucyrus-Crawford County, RWY 17, Amdt 4A, CANCELED 2, CANCELED VOR RWY 22, Amdt 5A Erie, PA, Erie Intl/Tom Ridge Field, ILS OR Davison, MI, Athelone Williams Memorial, Cleveland, OH, Cleveland-Hopkins Intl, LOC RWY 6, Amdt 18A VOR RWY 8, Orig-D, CANCELED Takeoff Minimums and Obstacle DP, Amdt Erie, PA, Erie Intl/Tom Ridge Field, RNAV Detroit/Grosse Ile, MI, Grosse Ile Muni, 16A (GPS) RWY 6, Amdt 1B Takeoff Minimums and Obstacle DP, Amdt Cleveland, OH, Cuyahoga County, Takeoff Mount Pocono, PA, Pocono Mountains Muni, 5A Minimums and Obstacle DP, Amdt 1A RNAV (GPS) RWY 13, Amdt 3C Detroit, MI, Detroit Metropolitan Wayne Defiance, OH, Defiance Memorial, RNAV Mount Pocono, PA, Pocono Mountains Muni, County, Takeoff Minimums and Obstacle (GPS) RWY 12, Amdt 1 RNAV (GPS) RWY 31, Amdt 2D DP, Amdt 1A Findlay, OH, Findlay, RNAV (GPS) RWY 7, Perkasie, PA, Pennridge, RNAV (GPS) RWY Gladwin, MI, Gladwin Zettel Memorial, Orig-B 26, Orig-C RNAV (GPS) RWY 9, Orig-B Findlay, OH, Findlay, RNAV (GPS) RWY 18, Philadelphia, PA, Philadelphia Intl, ILS OR Hillsdale, MI, Hillsdale Muni, RNAV (GPS) Amdt 1A LOC RWY 27R, ILS RWY 27R (SA CAT I), RWY 28, Amdt 1 Findlay, OH, Findlay, RNAV (GPS) RWY 25, ILS RWY 27R (SA CAT II), Amdt 10H Hillsdale, MI, Hillsdale Muni, VOR–A, Amdt Amdt 1A Pittsburgh, PA, Pittsburgh Intl, RNAV (GPS) 8A, CANCELED Findlay, OH, Findlay, RNAV (GPS) RWY 36, Y RWY 28C, Amdt 4C Howell, MI, Livingston County Spencer J. Amdt 1B Winnsboro, SC, Fairfield County, NDB RWY Hardy, Takeoff Minimums and Obstacle Fostoria, OH, Fostoria Metropolitan, RNAV 4, Amdt 5, CANCELED DP, Amdt 3A (GPS) RWY 27, Amdt 1B Amarillo, TX, Rick Husband Amarillo Intl, Lambertville, MI, Toledo Suburban, RNAV Fostoria, OH, Fostoria Metropolitan, VOR–A, VOR/DME–A, Orig, CANCELED (GPS)–A, Orig Amdt 4B Tyler, TX, Tyler Pounds Rgnl, RNAV (GPS) Lambertville, MI, Toledo Suburban, VOR OR Fremont, OH, Fremont, RNAV (GPS) RWY 9, RWY 4, Amdt 3 GPS–A, Amdt 7A, CANCELED Orig-B Tyler, TX, Tyler Pounds Rgnl, Takeoff Monroe, MI, Custer, RNAV (GPS) RWY 3, Fremont, OH, Fremont, VOR RWY 9, Amdt Minimums and Obstacle DP, Amdt 3 Orig-A 6A, CANCELED Renton, WA, Renton Muni, NDB RWY 16, Monroe, MI, Custer, RNAV (GPS) RWY 21, Fremont, OH, Sandusky County Rgnl, RNAV Amdt 8, CANCELED Orig-A (GPS) RWY 6, Amdt 1A Moundsville, WV, Marshall County, RNAV Monroe, MI, Custer, Takeoff Minimums and Fremont, OH, Sandusky County Rgnl, RNAV (GPS) RWY 6, Orig-C Obstacle DP, Amdt 6A (GPS) RWY 24, Amdt 1A Philippi, WV, Philippi/Barbour County Rgnl, Monroe, MI, Custer, VOR RWY 21, Amdt 2, Galion, OH, Galion Muni, VOR RWY 23, RNAV (GPS) RWY 26, Orig-A CANCELED Amdt 13B Rescinded: On February 27, 2018 (83 FR Pontiac, MI, Oakland County Intl, Takeoff Kenton, OH, Hardin County, RNAV (GPS) 8334), the FAA published an Amendment in Minimums and Obstacle DP, Amdt 6A RWY 4, Orig-A Docket No. 31179, Amdt No. 3787, to Part 97 Ada/Twin Valley, MN, Norman County Ada/ Kenton, OH, Hardin County, RNAV (GPS) of the Federal Aviation Regulations under Twin Valley, RNAV (GPS) RWY 33, Orig- RWY 22, Orig-A section 97.37. The following entry for A Lorain/Elyria, OH, Lorain County Rgnl, Buckland, AK, effective March 29, 2018, is Raleigh/Durham, NC, Raleigh-Durham Intl, RNAV (GPS) RWY 7, Orig-B hereby rescinded in its entirety: ILS OR LOC RWY 5R, Amdt 29 Lorain/Elyria, OH, Lorain County Rgnl, Buckland, AK, Buckland, Takeoff Minimums Raleigh/Durham, NC, Raleigh-Durham Intl, Takeoff Minimums and Obstacle DP, Orig- and Obstacle DP, Amdt 2 ILS OR LOC RWY 23L, Amdt 9 A Raleigh/Durham, NC, Raleigh-Durham Intl, Mansfield, OH, Mansfield Lahm Rgnl, ILS OR [FR Doc. 2018–06008 Filed 3–28–18; 8:45 am] RNAV (GPS) Y RWY 5R, Amdt 3 LOC RWY 32, Amdt 17A BILLING CODE 4910–13–P

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4700 Sfmt 9990 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13414 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Availability separate SIAP and Takeoff Minimums All SIAPs and Takeoff Minimums and and ODP as amended in the transmittal. Federal Aviation Administration ODPs are available online free of charge. For safety and timeliness of change Visit the National Flight Data Center considerations, this amendment 14 CFR Part 97 online at nfdc.faa.gov to register. incorporates only specific changes Additionally, individual SIAP and contained for each SIAP and Takeoff [Docket No. 31185; Amdt. No. 3792] Takeoff Minimums and ODP copies may Minimums and ODP as modified by be obtained from the FAA Air Traffic FDC permanent NOTAMs. Standard Instrument Approach Organization Service Area in which the The SIAPs and Takeoff Minimums Procedures, and Takeoff Minimums affected airport is located. and Obstacle Departure Procedures; and ODPs, as modified by FDC FOR FURTHER INFORMATION CONTACT: Miscellaneous Amendments permanent NOTAM, and contained in Thomas J. Nichols, Flight Procedure this amendment are based on the AGENCY: Federal Aviation Standards Branch (AFS–420)Flight criteria contained in the U.S. Standard Administration (FAA), DOT. Technologies and Procedures Division, for Terminal Instrument Procedures ACTION: Final rule. Flight Standards Service, Federal (TERPS). In developing these changes to Aviation Administration, Mike SIAPs and Takeoff Minimums and SUMMARY: This rule amends, suspends, Monroney Aeronautical Center, 6500 ODPs, the TERPS criteria were applied South MacArthur Blvd., Oklahoma City, or removes Standard Instrument only to specific conditions existing at OK 73169 (Mail Address: P.O. Box Approach Procedures (SIAPs) and the affected airports. All SIAP 25082 Oklahoma City, OK 73125) associated Takeoff Minimums and amendments in this rule have been Obstacle Departure Procedures for telephone: (405) 954–4164. previously issued by the FAA in a FDC operations at certain airports. These SUPPLEMENTARY INFORMATION: This rule NOTAM as an emergency action of regulatory actions are needed because of amends Title 14, Code of Federal immediate flight safety relating directly the adoption of new or revised criteria, Regulations, Part 97 (14 CFR part 97) by or because of changes occurring in the amending the referenced SIAPs. The to published aeronautical charts. National Airspace System, such as the complete regulatory description of each The circumstances that created the commissioning of new navigational SIAP is listed on the appropriate FAA need for these SIAP and Takeoff facilities, adding new obstacles, or Form 8260, as modified by the National Minimums and ODP amendments changing air traffic requirements. These Flight Data Center (NFDC)/Permanent require making them effective in less changes are designed to provide for the Notice to Airmen (P–NOTAM), and is than 30 days. safe and efficient use of the navigable incorporated by reference under 5 Because of the close and immediate airspace and to promote safe flight U.S.C. 552(a), 1 CFR part 51, and 14 relationship between these SIAPs, operations under instrument flight rules CFR 97.20. The large number of SIAPs, Takeoff Minimums and ODPs, and at the affected airports. their complex nature, and the need for safety in air commerce, I find that notice DATES: This rule is effective March 29, a special format make their verbatim publication in the Federal Register and public procedure under 5 U.S.C. 2018. The compliance date for each 553(b) are impracticable and contrary to SIAP, associated Takeoff Minimums, expensive and impractical. Further, airmen do not use the regulatory text of the public interest and, where and ODP is specified in the amendatory applicable, under 5 U.S.C. 553(d), good provisions. the SIAPs, but refer to their graphic cause exists for making these SIAPs The incorporation by reference of depiction on charts printed by effective in less than 30 days. certain publications listed in the publishers of aeronautical materials. regulations is approved by the Director Thus, the advantages of incorporation The FAA has determined that this of the Federal Register as of March 29, by reference are realized and regulation only involves an established 2018. publication of the complete description body of technical regulations for which of each SIAP contained on FAA form ADDRESSES: Availability of matter frequent and routine amendments are documents is unnecessary. necessary to keep them operationally incorporated by reference in the This amendment provides the affected amendment is as follows: current. It, therefore— (1) is not a CFR sections, and specifies the SIAPs ‘‘significant regulatory action’’ under For Examination and Takeoff Minimums and ODPs with Executive Order 12866; (2) is not a their applicable effective dates. This 1. U.S. Department of Transportation, ‘‘significant rule’’ under DOT regulatory amendment also identifies the airport Docket Ops–M30, 1200 New Jersey Policies and Procedures (44 FR 11034; and its location, the procedure and the Avenue SE, West Bldg., Ground Floor, February 26, 1979) ; and (3) does not amendment number. Washington, DC 20590–0001; warrant preparation of a regulatory 2. The FAA Air Traffic Organization Availability and Summary of Material evaluation as the anticipated impact is Service Area in which the affected Incorporated by Reference so minimal. For the same reason, the airport is located; The material incorporated by FAA certifies that this amendment will 3. The office of Aeronautical reference is publicly available as listed not have a significant economic impact Navigation Products, 6500 South in the ADDRESSES section. on a substantial number of small entities MacArthur Blvd., Oklahoma City, OK The material incorporated by under the criteria of the Regulatory 73169 or, reference describes SIAPs, Takeoff Flexibility Act. 4. The National Archives and Records Minimums and ODPs as identified in Administration (NARA). For the amendatory language for part 97 of List of Subjects in 14 CFR Part 97 information on the availability of this this final rule. Air Traffic Control, Airports, material at NARA, call 202–741–6030, or go to: http://www.archives.gov/ The Rule Incorporation by reference, Navigation federal_register/code_of_federal_ This amendment to 14 CFR part 97 is (air). regulations/ibr_locations.html. effective upon publication of each

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13415

Issued in Washington, DC on March 9, ODPs, effective at 0901 UTC on the §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 2018. dates specified, as follows: 97.35 [Amended] John S. Duncan, PART 97—STANDARD INSTRUMENT By amending: § 97.23 VOR, VOR/ Director, Flight Standards Service. APPROACH PROCEDURES DME, VOR or TACAN, and VOR/DME Adoption of the Amendment or TACAN; § 97.25 LOC, LOC/DME, ■ 1. The authority citation for part 97 LDA, LDA/DME, SDF, SDF/DME; Accordingly, pursuant to the continues to read as follows: § 97.27 NDB, NDB/DME; § 97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV; authority delegated to me, Title 14, Authority: 49 U.S.C. 106(f), 106(g), 40103, Code of Federal regulations, Part 97, (14 40106, 40113, 40114, 40120, 44502, 44514, § 97.31 RADAR SIAPs; § 97.33 RNAV CFR part 97), is amended by amending 44701, 44719, 44721–44722. SIAPs; and § 97.35 COPTER SIAPs, Identified as follows: Standard Instrument Approach ■ 2. Part 97 is amended to read as Procedures and Takeoff Minimums and follows: * * * Effective Upon Publication

AIRAC Date State City Airport FDC No. FDC Date Subject

26–Apr–18 .... WA Seattle ...... Seattle-Tacoma Intl ...... 7/2572 3/1/18 ILS OR LOC RWY 34L, Amdt 1E 26–Apr–18 .... OR Roseburg ...... Roseburg Rgnl ...... 7/4908 2/20/18 VOR–A, Amdt 6 26–Apr–18 .... CA Los Angeles ...... Los Angeles Intl ...... 7/5971 3/1/18 ILS OR LOC RWY 24L, Amdt 27A 26–Apr–18 .... CA Los Angeles ...... Los Angeles Intl ...... 7/5981 3/1/18 RNAV (GPS) Y RWY 24L, Amdt 5 26–Apr–18 .... MN Alexandria ...... Chandler Field ...... 7/9368 3/1/18 VOR RWY 22, Amdt 15 26–Apr–18 .... MN Alexandria ...... Chandler Field ...... 8/0189 3/1/18 RNAV (GPS) RWY 22 , Orig 26–Apr–18 .... MS Batesville ...... Panola County ...... 8/0713 2/20/18 RNAV (GPS) RWY 19, Amdt 1 26–Apr–18 .... IL Peoria ...... General Downing—Peoria Intl 8/1895 3/1/18 ILS OR LOC RWY 13, Amdt 6F 26–Apr–18 .... CO Fort Collins/ Northern Colorado Rgnl ...... 8/2900 3/1/18 Takeoff Minimums and Obstacle Loveland. DP, Amdt 5 26–Apr–18 .... TX Crosbyton ...... Crosbyton Muni ...... 8/3493 3/1/18 Takeoff Minimums and Obstacle DP, Orig 26–Apr–18 .... MI Lapeer ...... Dupont-Lapeer ...... 8/3495 3/1/18 Takeoff Minimums and Obstacle DP, Amdt 3 26–Apr–18 .... TN Bristol/Johnson/ Tri-Cities ...... 8/3742 2/20/18 RNAV (GPS) RWY 23, Amdt 1C Kingsport. 26–Apr–18 .... OH Wooster ...... Wayne County ...... 8/3745 3/1/18 Takeoff Minimums and Obstacle DP, Amdt 1 26–Apr–18 .... KS Eureka ...... Lt William M Milliken ...... 8/3753 3/1/18 Takeoff Minimums and Obstacle DP, Orig 26–Apr–18 .... MA New Bedford ...... New Bedford Rgnl ...... 8/3764 2/20/18 RNAV (GPS) RWY 14, Orig-B 26–Apr–18 .... ND Oakes ...... Oakes Muni ...... 8/3892 3/1/18 Takeoff Minimums and Obstacle DP, Amdt 1 26–Apr–18 .... NV Reno ...... Reno/Tahoe Intl...... 8/4030 2/20/18 ILS X OR LOC X RWY 16R, Orig-A 26–Apr–18 .... NV Reno ...... Reno/Tahoe Intl...... 8/4031 2/20/18 ILS Z OR LOC Z RWY 16R, Orig-A 26–Apr–18 .... MA Vineyard Haven ...... Martha’s Vineyard ...... 8/5969 3/1/18 ILS OR LOC RWY 24, Amdt 3A 26–Apr–18 .... WA Pasco ...... Tri-Cities ...... 8/5970 3/1/18 ILS OR LOC/DME RWY 21R, Amdt 13

[FR Doc. 2018–06009 Filed 3–28–18; 8:45 am] SUMMARY: The Food and Drug the development and issuance of BILLING CODE 4910–13–P Administration (FDA or Agency) is guidance documents. The amendment amending its good guidance practices provides an option for submitting the regulation to inform the public on how draft of a proposed guidance to the to electronically submit a draft of a Agency electronically through https:// DEPARTMENT OF HEALTH AND proposed guidance to the Agency. This www.regulations.gov at Docket No. HUMAN SERVICES technical amendment is nonsubstantive. FDA–2013–S–0610. DATES: This rule is effective March 29, Food and Drug Administration Publication of this document 2018. constitutes final action on the change FOR FURTHER INFORMATION CONTACT: 21 CFR Part 10 under the Administrative Procedure Act Megan Velez, Office of Policy, Food and (5 U.S.C. 553). This technical Drug Administration, 10903 New amendment is nonsubstantive. FDA [Docket No. FDA–2018–N–1097] Hampshire Ave., Bldg. 32, Rm. 4254, therefore, for good cause, has Silver Spring, MD 20993–0002, 301– determined that notice and public Good Guidance Practices; Technical 796–9301. comment are unnecessary under 5 Amendment SUPPLEMENTARY INFORMATION: FDA is U.S.C. 553(b)(3)(B). Further, this rule AGENCY: Food and Drug Administration, amending 21 CFR 10.115(f)(3), good places no burden on affected parties for HHS. guidance regulations, by adding which such parties would need a language on how the public can reasonable time to prepare for the ACTION: Final rule; technical electronically submit drafts of proposed effective date of the rule. Accordingly, amendment. guidance documents to participate in FDA, for good cause, has determined

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13416 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

this technical amendment to be exempt management requirements of the In addition, FEMA publishes a Flood under 5 U.S.C. 553(d)(3) and that the program. If the Federal Emergency Insurance Rate Map (FIRM) that rule can become effective upon Management Agency (FEMA) receives identifies the Special Flood Hazard publication. documentation that the community has Areas (SFHAs) in these communities. adopted the required floodplain The date of the FIRM, if one has been List of Subjects in 21 CFR Part 10 management measures prior to the published, is indicated in the fourth Administrative practice and effective suspension date given in this column of the table. No direct Federal procedure, News media. rule, the suspension will not occur and financial assistance (except assistance Therefore, under the Federal Food, a notice of this will be provided by pursuant to the Robert T. Stafford Drug, and Cosmetic Act and under publication in the Federal Register on a Disaster Relief and Emergency authority delegated to the Commissioner subsequent date. Also, information Assistance Act not in connection with a of Food and Drugs, 21 CFR part 10 is identifying the current participation flood) may be provided for construction amended as follows: status of a community can be obtained or acquisition of buildings in identified from FEMA’s Community Status Book SFHAs for communities not PART 10—ADMINISTRATIVE (CSB). The CSB is available at https:// participating in the NFIP and identified PRACTICES AND PROCEDURES www.fema.gov/national-flood- for more than a year on FEMA’s initial insurance-program-community-status- FIRM for the community as having ■ 1. The authority citation for part 10 book. flood-prone areas (section 202(a) of the continues to read as follows: DATES: The effective date of each Flood Disaster Protection Act of 1973, Authority: 5 U.S.C. 551–558, 701–706; 15 community’s scheduled suspension is 42 U.S.C. 4106(a), as amended). This U.S.C. 1451–1461; 21 U.S.C. 141–149, 321– the third date (‘‘Susp.’’) listed in the prohibition against certain types of 397, 467f, 679, 821, 1034; 28 U.S.C. 2112; 42 third column of the following tables. Federal assistance becomes effective for U.S.C. 201, 262, 263b, 264. FOR FURTHER INFORMATION CONTACT: If the communities listed on the date ■ 2. In § 10.115, add two sentences to you want to determine whether a shown in the last column. The the end of paragraph (f)(3) to read as particular community was suspended Administrator finds that notice and follows: on the suspension date or for further public comment procedures under 5 U.S.C. 553(b), are impracticable and § 10.115 Good guidance practices. information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance unnecessary because communities listed * * * * * and Mitigation Administration, Federal in this final rule have been adequately (f) * * * Emergency Management Agency, 400 C notified. (3) * * * If you wish to submit the Street SW, Washington, DC 20472, (202) Each community receives 6-month, draft of a proposed guidance document 212–3966. 90-day, and 30-day notification letters electronically, submit it through https:// SUPPLEMENTARY INFORMATION: The NFIP addressed to the Chief Executive Officer www.regulations.gov at Docket No. enables property owners to purchase stating that the community will be FDA–2013–S–0610. It is only necessary Federal flood insurance that is not suspended unless the required to submit one copy. otherwise generally available from floodplain management measures are * * * * * private insurers. In return, communities met prior to the effective suspension Dated: March 20, 2018. agree to adopt and administer local date. Since these notifications were Leslie Kux, floodplain management measures aimed made, this final rule may take effect within less than 30 days. Associate Commissioner for Policy. at protecting lives and new construction National Environmental Policy Act. [FR Doc. 2018–06252 Filed 3–28–18; 8:45 am] from future flooding. Section 1315 of the National Flood Insurance Act of FEMA has determined that the BILLING CODE 4164–01–P 1968, as amended, 42 U.S.C. 4022, community suspension(s) included in prohibits the sale of NFIP flood this rule is a non-discretionary action insurance unless an appropriate public and therefore the National DEPARTMENT OF HOMELAND body adopts adequate floodplain Environmental Policy Act of 1969 (42 SECURITY management measures with effective U.S.C. 4321 et seq.) does not apply. Federal Emergency Management enforcement measures. The Regulatory Flexibility Act. The Agency communities listed in this document no Administrator has determined that this longer meet that statutory requirement rule is exempt from the requirements of 44 CFR Part 64 for compliance with program the Regulatory Flexibility Act because regulations, 44 CFR part 59. the National Flood Insurance Act of [Docket ID FEMA–2018–0002; Internal Accordingly, the communities will be 1968, as amended, Section 1315, 42 Agency Docket No. FEMA–8523] suspended on the effective date in the U.S.C. 4022, prohibits flood insurance third column. As of that date, flood coverage unless an appropriate public Suspension of Community Eligibility insurance will no longer be available in body adopts adequate floodplain AGENCY: Federal Emergency the community. We recognize that some management measures with effective Management Agency, DHS. of these communities may adopt and enforcement measures. The ACTION: Final rule. submit the required documentation of communities listed no longer comply legally enforceable floodplain with the statutory requirements, and SUMMARY: This rule identifies management measures after this rule is after the effective date, flood insurance communities where the sale of flood published but prior to the actual will no longer be available in the insurance has been authorized under suspension date. These communities communities unless remedial action the National Flood Insurance Program will not be suspended and will continue takes place. (NFIP) that are scheduled for to be eligible for the sale of NFIP flood Regulatory Classification. This final suspension on the effective dates listed insurance. A notice withdrawing the rule is not a significant regulatory action within this rule because of suspension of such communities will be under the criteria of section 3(f) of noncompliance with the floodplain published in the Federal Register. Executive Order 12866 of September 30,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13417

1993, Regulatory Planning and Review, Paperwork Reduction Act, 44 U.S.C. Authority: 42 U.S.C. 4001 et seq.; 58 FR 51735. 3501 et seq. Reorganization Plan No. 3 of 1978, 3 CFR, Executive Order 13132, Federalism. 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, This rule involves no policies that have List of Subjects in 44 CFR Part 64 3 CFR, 1979 Comp.; p. 376. federalism implications under Executive Flood insurance, Floodplains. § 64.6 [Amended] Order 13132. Accordingly, 44 CFR part 64 is Executive Order 12988, Civil Justice amended as follows: ■ 2. The tables published under the Reform. This rule meets the applicable authority of § 64.6 are amended as standards of Executive Order 12988. PART 64—[AMENDED] Paperwork Reduction Act. This rule follows: does not involve any collection of ■ 1. The authority citation for part 64 information for purposes of the continues to read as follows:

Date certain Federal assist- State and location Community Effective date authorization/cancellation of Current effective ance no longer No. sale of flood insurance in community map date available in SFHAs

Region VII Iowa: Corwith, City of, Hancock County ...... 190407 October 11, 1989, Emerg; July 1, 1991, April 4, 2018 ..... April 4, 2018. Reg; April 4, 2018, Susp Forest City, City of, Hancock and Win- 190283 June 18, 1975, Emerg; January 2, 1981, ...... do * ...... Do. nebago Counties. Reg; April 4, 2018, Susp Garner, City of, Hancock County ...... 190581 N/A, Emerg; March 24, 2015, Reg; April 4, ...... do * ...... Do. 2018, Susp Hancock County, Unincorporated Areas 190873 June 16, 1995, Emerg; December 2, 2003, ...... do * ...... Do. Reg; April 4, 2018, Susp Woden, City of, Hancock County ...... 190410 July 19, 2012, Emerg; N/A, Reg; April 4, ...... do * ...... Do. 2018, Susp Region VIII Colorado: Brush, City of, Morgan County ...... 080130 June 18, 1975, Emerg; December 1, 1977, ...... do * ...... Do. Reg; April 4, 2018, Susp Fort Morgan, City of, Morgan County ... 080131 February 4, 1982, Emerg; February 5, ...... do * ...... Do. 1986, Reg; April 4, 2018, Susp Morgan County, Unincorporated Areas 080129 April 22, 1980, Emerg; September 29, ...... do * ...... Do. 1989, Reg; April 4, 2018, Susp Region IX California: Thousand Oaks, City of, Ventura Coun- 060422 November 13, 1970, Emerg; September 29, ...... do * ...... Do. ty. 1978, Reg; April 4, 2018, Susp Ventura County, Unincorporated Areas 060413 September 18, 1970, Emerg; October 31, ...... do * ...... Do. 1985, Reg; April 4, 2018, Susp Westlake Village, City of, Los Angeles 060744 N/A, Emerg; October 1, 1992, Reg; April 4, April 4, 2018 ..... April 4, 2018. and Ventura Counties. 2018, Susp * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 14, 2018. FEDERAL COMMUNICATIONS procedures to implement the Mobility Michael M. Grimm, COMMISSION Fund Phase II challenge process. This Assistant Administrator for Mitigation, document describes the steps the Federal Insurance and Mitigation 47 CFR Part 54 Federal Communications Commission Administration, Department of Homeland will use to establish a map of areas [WC Docket No. 10–90, WT Docket No. 10– Security, Federal Emergency Management presumptively eligible for MF–II 208; DA 18–186] Agency. support from the newly collected, [FR Doc. 2018–06279 Filed 3–28–18; 8:45 am] Procedures for the Mobility Fund standardized 4G Long Term Evolution BILLING CODE 9110–12–P Phase II Challenge Process coverage data and proposes specific parameters for the data that challengers AGENCY: Federal Communications and respondents will submit as part of Commission. the challenge process, as well as a ACTION: Final action; requirements and process for validating challenges. procedures. DATES: The challenge window will open March 29, 2018, and will remain open SUMMARY: In this document, the Rural until August 27, 2018. Broadband Auctions Task Force, with the Wireline Competition Bureau and ADDRESSES: Submit waivers by email to the Wireless Telecommunications [email protected] or by hard Bureau, adopt specific parameters and copy to Margaret W. Wiener, Chief,

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13418 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Auctions and Spectrum Access Fund Phase II (MF–II) challenge any subsidized areas from the provider’s Division, Wireless Telecommunications process. coverage map; (2) removes any water- Bureau, FCC, 445 12th Street SW, Room 2. In the MF–II Challenge Process only areas; (3) overlays a uniform grid 6–C217, Washington, DC 20554. Order, 82 FR 42473, September 8, 2017, with cells of one square kilometer (1 km the Federal Communications by 1 km) on the provider’s coverage FOR FURTHER INFORMATION CONTACT: For Commission (Commission) directed the map; and (4) removes grid cells with general questions about the challenge Bureaus to provide more details coverage of less than the minimum area process and the USAC portal, email regarding the procedures for generating that could be covered by a single speed [email protected] or contact the initial map of presumptively eligible test measurement when buffered. The Jonathan McCormack, areas and the procedures for the term ‘‘water-only area’’ is defined as a [email protected], (202) challenge process. In the MF–II water-only census block (that is, a 418–0660. For questions about the one- Challenge Process Comment Public census block for which the entire area time, 4G LTE data collection, contact Notice, 82 FR 51180, November 3, 2017, is categorized by the U.S. Census Ken Lynch, [email protected], the Task Force and Bureaus proposed Bureau as water). (202) 418–7356, or Ben Freeman, and sought comment on the procedures 5. Using the maps that result from [email protected], (202) 418–0628. for processing the coverage and subsidy steps 1–4 of this process, staff then Additional challenge process data and creating the initial eligible generates the map of presumptively information is available at the Mobility areas map, the specific parameters for eligible areas for each state (or state Fund Phase II website (https:// the data that challengers and equivalent) by: (5) Merging the maps of www.fcc.gov/mobility-fund-phase-2). respondents will submit as part of the unsubsidized coverage for all providers; SUPPLEMENTARY INFORMATION: This is a challenge process, and a process for (6) removing the merged unsubsidized summary of the Public Notice (MF–II validating challenges. The Bureaus now coverage generated in step 5 (the Challenge Process Procedures Public resolve these issues and describe the ineligible areas) from the state’s Notice), WC Docket No. 10–90, WT filing requirements and procedures boundary to produce the eligible areas; Docket No. 10–208, DA 18–186, adopted related to the challenge process. and (7) removing any water-only areas from the eligible areas. Since the on February 27, 2018, and released on II. Procedures for Generating the Initial Bureaus waived the deadline for mobile February 27, 2018. The MF–II Challenge Eligible Areas Map Process Procedures Public Notice wireless providers in Puerto Rico and 3. The Bureaus adopt the proposed includes as attachments the following the U.S. Virgin Islands to submit methodology for generating the initial appendices: Appendix A, Generating information regarding 4G LTE coverage, map of areas presumptively eligible for Initial Eligible Areas Map; Appendix B, the map of presumptively eligible areas MF–II support, i.e., those areas lacking does not include Puerto Rico and the Validating Challenge Evidence; unsubsidized qualifying coverage by Appendix C, Applying Subsidy Data; U.S. Virgin Islands. any provider. In this multi-step 6. The Bureaus define a uniform grid Appendix D, File Specifications and approach, Commission staff first with cells of equal area (1 km by 1 km) File Formats; Appendix E, Relational determines the unsubsidized coverage across the continental United States, Mapping of Form 477 Filers to for each provider based on its submitted and separate uniform grids with cells of Providers; and Appendix F, Challenge standardized coverage data of qualified equal area (1 km by 1 km) for overseas Data Certification Form. The complete 4G Long Term Evolution (LTE), and territories and Hawaii. These grids are text of the MF–II Challenge Process then aggregates these data across all defined using an ‘‘equal area’’ map Procedures Public Notice, including all providers; this aggregate area of projection so that the same number of attachments, is available for public unsubsidized coverage is then removed speed tests will be required to challenge inspection and copying from 8:00 a.m. from the rest of the land area within the cell regardless of the location of the to 4:30 p.m. Eastern Time (ET) Monday each state to determine the grid cell. The USAC portal system will through Thursday or from 8:00 a.m. to presumptively eligible areas. This use the uniform grid system to validate 11:30 a.m. ET on Fridays in the FCC approach is consistent with the and process data submitted during the Reference Information Center, 445 12th Commission’s decision that areas challenge process. Street SW, Room CY–A257, lacking unsubsidized, qualifying 4G 7. Commission staff is making Washington, DC 20554. The complete LTE service will be eligible for the available to the public the resulting map text is also available on the auction, as well as its decision to create of presumptively eligible areas (overlaid Commission’s website at https:// the map of areas presumptively eligible _ with the uniform grid) for each state or apps.fcc.gov/edocs public/attachmatch/ for MF–II support using a combination state equivalent. The maps of DA-18-186A1.pdf. Alternative formats of the new 4G LTE coverage data and unsubsidized coverage for specific are available to persons with disabilities subsidy data from USAC. Specifically, providers will only be made available to by sending an email to [email protected] the methodology the Bureaus adopt a challenger through USAC’s online or by calling the Consumer & produces a map of unsubsidized challenge portal (the USAC portal) after Governmental Affairs Bureau at (202) qualified 4G LTE coverage for each the challenger agrees to keep such maps 418–0530 (voice), (202) 418–0432 provider by removing from that confidential. (TTY). provider’s submitted coverage any areas III. Procedures for MF–II Challenges I. Introduction that the USAC subsidy data show are subsidized. The resulting maps of A. Procedures for Challengers: Filing a 1. In the MF–II Challenge Process unsubsidized coverage are then merged Challenge Procedures Public Notice, the Rural across all providers to determine the Broadband Auctions Task Force (Task areas ineligible for MF–II support. The 1. Timing for Availability of Initial Force), with the Wireless initial eligible areas map shows all areas Coverage Data and Challenge Window Telecommunications Bureau and the that are not ineligible for MF–II support. 8. The Bureaus adopt the proposal to Wireline Competition Bureau (the 4. To generate a map of unsubsidized make public the map of areas Bureaus), establishes the parameters and qualified 4G LTE coverage for each presumptively eligible for MF–II procedures to implement the Mobility provider, Commission staff: (1) Removes support no earlier than four weeks after

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13419

the deadline for submission of the new, Portal Access Request Form is Available 3. Evidentiary Requirements for one-time 4G LTE provider coverage Public Notice, DA 18–142, February 14, Challenge Data data. The challenge process window 2018. a. General Requirements Adopted by the will open no sooner than 30 days after 11. The Bureaus remind parties Commission for Speed Test the release of the map. participating in the challenge process Measurements Contemporaneously with the release of that it is each party’s responsibility to the MF–II Challenge Process Procedures 13. In the MF–II Challenge Process ensure the security of its computer Public Notice, the Bureaus released the Order, the Commission decided that a MF–II Challenge Process Initial Eligible systems, user IDs, and passwords, and challenger must submit detailed proof of Areas Map Public Notice, DA 18–187, to ensure that only authorized persons lack of unsubsidized, qualified 4G LTE on February 27, 2018, announcing the access, download, or upload data into coverage in support of its challenge in publication of the initial eligible areas the challenge process portal on the the form of actual outdoor speed test map and that the challenge window will party’s behalf. The Commission assumes data showing measured download open 30 days later, on March 29, 2018. no responsibility or liability for these throughput. A challenger must submit Once the challenge window opens, an matters. To the extent a technical or speed data from hardware- or software- eligible party will be able to access the security issue arises with the USAC based drive tests or application-based USAC portal and download the portal, Commission staff will take all tests that overlap the challenged area. provider-specific confidential data appropriate measures to resolve such Each speed test must be conducted necessary to begin conducting speed issues quickly and equitably. Should an between the hours of 6:00 a.m. and tests. If a consumer, organization, or issue arise that is outside the USAC 12:00 a.m. (midnight) local time, and the date of the test must be after the business believes that its interests portal or attributable to a challenge publication of the initial eligibility map cannot be met through its state, local, or process participant—including, but not but not more than six months before the Tribal government entity and wishes to limited to, a participant’s hardware, scheduled close of the challenge participate in the process as a software, or internet access problem— window. Speed test data must be challenger, the individual or entity may and which prevents the participant from certified under penalty of perjury by a file a petition with the Commission accessing provider-specific data or qualified engineer or government requesting a waiver for good cause submitting a challenge prior to the close official. shown. The challenge window will of the challenge window, the 14. When collecting speed data, a close 150 days later, consistent with the Commission shall have no obligation to challenger must use at least one of the procedures adopted in the MF–II resolve or remediate such an issue on three handsets identified by each Challenge Process Order. Although behalf of the participant. provider whose coverage is the subject challengers will be able to submit speed of the specific challenge. A challenger test data until the close of the challenge b. Access to Provider-Specific Data must purchase an appropriate service window, the Commission determined plan from each unsubsidized service that only those challenges to areas that 12. The Bureaus adopt the proposal to make available in a downloadable provider in the challenged area. The are certified by a challenger at the close Commission explained in the MF–II of the window will proceed. Since a format through the USAC portal the provider-specific data underlying the Challenge Process Order that ‘‘[a]n challenger will not be able to certify a appropriate service plan would allow map of presumptively eligible areas. challenge until the submitted speed test for speed tests of full network Among other geographic data, a data has been validated, the Bureaus performance, e.g., an unlimited high- strongly encourage challengers to challenger will be able to access the speed data plan.’’ A challenger should submit data in advance of the closing following data in shapefile format on a be cognizant of the limitations under the date to allow ample time for validation state-by-state basis: (a) The boundaries service plan(s) it purchases and that processing. Each challenger is of the state (or state equivalent) overlaid respondents have the ability to respond responsible for ensuring timely with the uniform grid; (b) the to challenger speed tests with evidence certification of its challenges. confidential coverage maps submitted of speed reductions. Depending on the 9. The Bureaus are providing 30 days’ by providers for the one-time 4G LTE size of the area being challenged and the notice of the opening of the USAC data collection; and (c) the map of terms of the plans offered by a portal and commencement of the initial eligible areas. In addition, as challenged provider, a challenger may challenge window. proposed, challengers will be able to determine that it should purchase more 2. Using the USAC Challenge Process access, for each state, the confidential than one service plan for the handset(s) Portal provider-specific data on the list of pre- it uses to test a provider’s coverage in a. Accessing the Portal approved handsets and the clutter the challenged area. The Bureaus are not information submitted for the one-time requiring a challenger to purchase 10. Under the challenge process 4G LTE data collection. These data will multiple service plans from a framework adopted by the Commission, be available for download in a tabular challenged carrier; it is a challenger’s a challenger must use the USAC portal comma-separated value (CSV) format. A decision what type of service plan and to access the confidential provider- challenger will not have access to how many plans to purchase in order to specific information that is pertinent to confidential provider-specific collect speed test data that support a a challenge, as well as to submit its challenge. challenge, including all supporting information unless and until it agrees to evidence and required certifications. A treat the data as confidential. b. Substantial Coverage of the challenger must log into the USAC Specifically, a challenger must agree to Challenged Area portal using the account created only use confidential provider-specific 15. The Commission decided in the pursuant to the procedures in the MF– information for the purpose of MF–II Challenge Process Order that a II Handset and USAC Portal Access submitting an MF–II challenge in the challenger must submit actual outdoor Public Notice, 83 FR 254, January 3, USAC portal before a challenger may speed test measurements with sufficient 2018, and the MF–II Challenge Process download these data. density to reflect actual consumer

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13420 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

experience throughout the entire challenged and challengers have the data in CSV format matching the challenged area. Specifically, the option to conduct speed tests that cover respective file specifications. A Commission adopted a requirement that the areas they wish to challenge. challenger is required to submit a CSV a challenger must take measurements Similarly, responding providers have file that contains entries for each speed that: (1) Are no more than a fixed the option to submit speed tests that test run by the challenger to provide distance apart from one another in each demonstrate their coverage. These evidence in support of its challenge. A challenged area; and (2) substantially options will not be diminished or challenger can create this file using a cover the entire area. otherwise modified by the relative template provided in the USAC portal. 16. The density of submitted speed accessibility of an area. 24. The Bureaus require a challenger points will be validated as part of a c. Additional Parameters and to report information about the server multi-step geospatial-data-processing used for speed and latency testing. As approach. Consistent with the Specifications for Speed Test Measurements a result, the Bureaus have modified the Commission’s decision in the MF–II speed test data template proposed in the Challenge Process Order, the Bureaus 19. In addition to the general MF–II Challenge Process Comment will determine whether a challenger’s requirements for speed tests, the Public Notice to include the identity speed test points substantially cover a Commission directed the Bureaus to and location of the server used for challenged area (i.e., cover at least 75 implement any additional parameters to testing. ensure that speed tests accurately reflect percent of the challenged area) by 25. Additional details about the file the consumer experience in the buffering each speed test point that formats required for challengers may be reports a downstream speed less than 5 challenged area. Consistent with this found in Appendix D. Mbps, calculating the buffered area, and direction, the Bureaus adopt the then comparing the area of the buffered proposal to require a challenger to 4. Validation of Challenges points to the challengeable area within submit all speed test measurements 26. The Bureaus adopt and explain a 1 km by 1 km grid cell. The collected during the relevant time the detailed procedures for Commission determined in the MF–II frame, including those that show speeds implementing system validation of Challenge Process Order that the radius greater than or equal to 5 Mbps. While evidence submitted by a challenger, as of the buffer will equal ‘‘half of the a challenger is able to delete speed tests directed by the Commission in the MF– maximum distance parameter.’’ Under from the USAC portal, this function II Challenge Process Order. Consistent this validation process, if a challenger should only be used to correct errors in submits speed test measurements that submissions or add information to with the Bureaus’ decision to use the are further apart than the maximum previous submissions. The Commission uniform grid system to validate and distance parameter in a challenged area, will have the ability to review all process data submitted by a challenger, its evidence may be insufficient to cover submitted data, including deleted the USAC system will use a uniform at least 75 percent of the challengeable submissions and speed test data points grid of one square kilometer cells to area within a cell, and its challenge that show speeds equal to or greater perform geospatial analysis of a would presumptively fail. than 5 Mbps. challenger’s speed test data. The first 17. The Bureaus adopt the proposal to 20. In addition, the Bureaus adopt the step in the validation process requires use kilometers instead of miles to be proposal to require a challenger to the USAC system to determine whether consistent with the de minimis provide data that is commonly collected a particular challenged area meets the challenge size adopted by the by speed test software and speed test de minimis threshold of one square Commission, as well as to be consistent apps. Specifically, a challenger must kilometer. For each grid cell containing with the units used for the ‘‘equal area’’ provide: Signal strength and latency; the a speed test measurement submitted by map projection that we will use when service provider’s identity; the make a challenger, the challenged area will processing geospatial data. Consistent and model of the device used (which equal the challengeable portion of the with the Commission’s direction to must be from that provider’s list of pre- grid cell (i.e., the ineligible area, or any adopt a maximum distance value, the approved handsets); the international area that is neither eligible nor water- Bureaus adopt the proposal that speed mobile equipment identity (IMEI) of the only). The USAC system will test measurements must be no more tested device; the method of the test superimpose each challenged area onto than one-half of one kilometer apart (i.e., hardware- or software-based drive the initial eligibility map and remove from one another. As a result, the buffer test or non-drive test app-based test); any portions that overlap eligible areas. radius will equal one-quarter of one and, if an app was used to conduct the Since the USAC portal will use a kilometer. The Bureaus also adopt the measurement, the identity and version uniform grid of one square kilometer proposal to require a challenger to of the app. The Bureaus will not allow cells to perform geospatial analysis, a submit data for at least one speed test a challenger to submit speed test data of challenge for a grid cell that is entirely within the challengeable area of a grid its own network. challengeable will inherently meet the cell in order to challenge an area within 21. The Bureaus also adopt a de minimis size threshold. In areas the grid cell. The requirement that requirement that a challenger report where the challengeable portion of the measurements be taken no more than information about the server used for grid cell is less than this threshold, the one-half of one kilometer apart from one speed and latency testing. Specifically, Bureaus adopt the proposal to have the another serves as an upper bound (i.e., a challenger is required to submit the system validate that the sum of all areas maximum distance apart), and a identity and location of the server used challenged by a challenger in a state is challenger will be free to and, in some for speed and latency testing. greater than or equal to one square circumstances, may be required to 22. The complete list of data required kilometer. If a challenge does not meet submit measurements taken more for a challenge may be found in the de minimis area threshold, the densely in order to sufficiently prove its Appendix D. challenge would fail step one of the challenge. validation process. If a challenge meets 18. Under the challenge process d. File Formats the de minimis area threshold, the framework that the Commission 23. The Bureaus adopt the proposal USAC system will proceed to the adopted, all ineligible areas may be that a challenger must submit speed test second step of the validation process.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13421

27. In the second step of the system 5. Certifying a Challenge The qualified engineer or government validation process, the USAC system a. Qualified Engineer/Government official has examined the information will analyze each speed test record to Official Certification submitted; and (b) the qualified ensure it meets all standard parameters, engineer or government official has other than the maximum distance and 30. The Commission decided in the certified that all data and statements substantial coverage requirement. MF–II Challenge Process Order that all contained in the submission were Consistent with the Bureau’s proposal, a submitted speed tests must be generated in accordance with the challenger must submit speed test data substantiated by the certification of a parameters specified by the Commission in a standard format on a state-by-state qualified engineer or government and are true, accurate, and complete to official to be considered during the basis. If the challenge speed test data the best of his or her knowledge, adjudication phase of the challenge meet all standard parameters, the USAC information, and belief. The Bureaus process. The Bureaus clarify that a system, as proposed, will determine the will not require a challenger to submit qualified engineer may be an employee set of grid cells in which at least one an executed Challenge Data Certification of the challenger or a third-party counted speed test is contained (the form when it certifies a challenge, vendor, so long as the individual: (1) challenged grid cells) and will proceed though the Bureaus reserve the right to Possesses a sufficient degree of request a copy of the executed form. The to the third step of the validation technical knowledge and experience to process. Bureaus caution challengers that they validate the accuracy of submitted will not be legally capable of making the 28. In step three, the USAC system speed test data; and (2) has actual required challenge certification in the creates a buffer (i.e., draws a circle of knowledge of the accuracy of the USAC portal unless a qualified engineer fixed size) around each counted speed submitted data. For purposes of or government official has substantiated test (i.e., each speed test point that certification, a qualified engineer need the challenge speed test data by passes steps one and two) using a radius not meet state professional licensing executing the Challenge Data of one quarter of one kilometer, which requirements, such as may be required Certification form. is equal to half of the maximum for a licensed Professional Engineer, so 32. The Bureaus adopt the proposal to distance allowed between tests. For long as the individual possesses the allow a challenger to certify a requisite technical knowledge, each challenged grid cell, the system presumptively unsuccessful challenge engineering training, and relevant will then determine how much of the in a grid cell that fails validation solely experience to validate the accuracy of total buffered area overlaps with the because the challenger did not include the submitted data. Using the Challenge coverage map of the challenged provider speed test measurements of sufficient Data Certification form in Attachment F, for whose network the speed test density for all providers. This will allow the qualified engineer or government measurement was recorded; this the system to consider all certified official shall certify under penalty of overlapping portion is the measured challenges in a particular grid cell perjury that: (a) He/she has examined area. Since a challenger has the burden across all challengers at the close of the the information prepared for of showing insufficient coverage by each challenge window, even if the submission; and (b) all data and provider of unsubsidized, qualified 4G individual challenges would fail the statements contained therein were LTE service, the system will also density requirement on their own. generated in accordance with the determine the unmeasured area for each 33. During the challenge window, parameters specified by the Commission such provider, that is, the portion of each challenger will be able to review and are true, accurate, and complete to each provider’s coverage in the grid cell its certified challenges on a grid cell by the best of his/her knowledge, falling outside of the buffered area. grid cell basis and may modify data information, and belief. The challenger submitted in support of a challenge after 29. In the last step of the validation must possess an executed Challenge certifying (e.g., to correct or submit process, the USAC system determines Data Certification form in order to have additional data). A challenger will be whether the buffered area of all counted all of the information it needs to certify required to re-certify any challenges for speed tests covers at least 75 percent of a challenge. Persons making willful which it submits additional or modified the challengeable area in a grid cell. The false statements in any part of a speed data; however, any new or modified system will merge the unmeasured area data submission may be subject to data must also be substantiated by the of all providers in a grid cell to punishment by fine or imprisonment. determine the aggregated unmeasured certification of a qualified engineer or area where the challenger has not b. Challenger Certification government official. At the close of the submitted sufficient speed test evidence 31. A challenger must certify its challenge window, only those for every provider. If the calculated size challenge(s) before the challenge challenges that are certified will of the aggregated unmeasured area in window closes in order for the proceed to adjudication; however, all the grid cell is greater than 25 percent challenge to proceed. Through the data entered into the USAC portal may of the total challengeable area of the grid USAC portal, a challenger will be able be considered in determining the weight cell (i.e., the total area of the grid cell to electronically certify its counted of the evidence. minus any water-only areas and any speed test measurements on a grid cell B. Procedures for Challenged Parties: eligible areas), the challenge will be by grid cell basis, since the system will Responding to a Challenge presumptively unsuccessful because it consider each challenged grid cell as a failed the requirement to include speed separate challenge, or to certify some or 1. Timing for Availability of Challenge test measurements of sufficient density all of its challenged grid cells on an Data and Response Window for all providers. The system will aggregated basis. To certify a challenged 34. Following the close of the provide a warning to the challenger for grid cell, an authorized representative of challenge window, the USAC portal any grid cells that fail this step. The the challenger must: (1) Provide the system will process the data submitted system will consider all certified name and title of the certifying engineer by challengers. The type of processing challenges in a particular grid cell or government official who that occurs after the challenge window across all challengers at the close of the substantiated the speed test data; and (2) closes is different from the automatic challenge window. certify under penalty of perjury that: (a) validation processing that takes place

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13422 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

before the window closes. Specifically, appropriate measures to resolve such monitoring software. If a challenged once the challenge window closes, the issues quickly and equitably. Should an party submits its own speed test data, system will aggregate all certified issue arise that is outside the USAC the data must conform to the same challenges and recalculate density for portal or attributable to a challenge standards and requirements adopted for each challenged grid cell to determine process participant—including, but not the challengers, except for the recency whether the combined challenges cover limited to, a participant’s hardware, of the submitted data. Parties submitting at least 75 percent of the challenged software, or internet access problem— technical data other than speed tests, area. Only those challenges that are and which prevents the participant from including data from transmitter certified at the close of the challenge accessing challenge information or monitoring software, are required to window will undergo this post-window submitting response data prior to the include ‘‘geolocated, device-specific processing; any challenges that have not close of the response window, the throughput measurements and other completed automatic validation Commission shall have no obligation to device-specific information (rather than processing and/or have not been resolve or remediate such an issue on generalized key performance indicator certified by the close of the challenge behalf of the participant. statistics for a cell-site).’’ Only data window will not proceed. The Bureaus collected after the publication of the b. Challenge Information will provide challenged parties 30 days initial eligibility map and within six to review challenges and supporting 38. Each challenged provider will be months of the scheduled close of the data in the USAC portal prior to able to access and download through response window will be accepted from opening the response window. The the USAC portal all speed test data challenged parties. Response data must response window will open no sooner associated with certified challenges on be reliable and credible to be useful than 30 days after the USAC system that provider’s network. Specifically, during the adjudication process. Any finishes processing the data submitted after the USAC system finishes evidence submitted by a challenged by challengers. processing challenger data, a challenged party in response to a challenge must be 35. Once opened, the response party will be able to view and download substantiated by the certification of a window will close 30 days later. the counted speed test data associated qualified engineer or official under Although a challenged party will have with a certified challenge that disputes penalty of perjury. an opportunity to submit additional the challenged party’s coverage, i.e., b. Additional Requirements for Speed data via the USAC portal in response to counted speed tests conducted by a Test Measurements a certified challenge for the entire challenger on the challenged party’s duration of the response window, network. In addition, each challenged 40. Consistent with the Commission’s challenged parties are encouraged to file provider will be able to view and decision in the MF–II Challenge Process in advance of the deadline. A download speed test measurements that Order, if a challenged party chooses to submit its own speed test data, the data challenged party will not have an failed validation solely because the must conform to the same additional opportunity to submit additional data measurement was greater than or equal parameters adopted for challengers, for the Commission’s consideration after to 5 Mbps. USAC will not make except for the requirement to identify the response window closes. available to a challenged party any speed tests that receive error codes other the service provider. A challenged party 2. Using the USAC Challenge Process than for being above the 5 Mbps may only provide speed tests of its own network in response to a challenge. In Portal download speed threshold (e.g., tests addition to the parameters adopted by a. Accessing the Portal that failed because they were not the Commission in the MF–II Challenge conducted during the required time 36. A challenged provider must use Process Order, a challenged party’s period). The Bureaus note that, since the the USAC portal if it chooses to: (1) speed data must include: Signal strength USAC system will not fully process the access and review the data submitted by and latency; the device used (which failed speed test data, these data will the challenger with respect to a must be from that provider’s list of pre- only be available in a downloadable challenge within the provider’s service approved handsets); the IMEI of the format. Also, the Bureaus remind parties area; and/or (2) submit additional data/ tested device; the method of the test that challenger speed test data for speed information to oppose the challenge (i.e., hardware or software-based drive (i.e., demonstrate that the challenger’s tests above 5 Mbps are not certified to, test or non-drive test app-based test); if speed test data are invalid or do not as they did not make it all the way an app was used to conduct the accurately reflect network performance). through the challenger validation measurement, the identity and version A challenged provider must log into the process. of the app; and the identity and location USAC portal using the account created 3. Evidentiary Requirements for of the server used for testing. As with pursuant to the procedures in the MF– Response Data challenger data, a challenged party’s II Handset and USAC Portal Public speed test measurements may be no a. General Requirements Adopted by the Notice. further than one-half kilometer apart Commission 37. The Bureaus again remind parties from one another. While the system will participating in the challenge process 39. A challenged party is not required not validate a challenged party’s that it is each party’s responsibility to to respond to a challenge within its response data, response speed tests ensure the security of its computer service area. If a challenged provider must record a download speed of at systems, user IDs, and passwords, and chooses to respond to a challenge, the least 5 Mbps and meet all other standard to ensure that only authorized persons Commission will accept as response parameters. A challenged party must access, download, or upload data into data certain technical information that submit all speed test measurements the challenge process portal on the is probative regarding the validity of a collected during the relevant time party’s behalf. The Commission assumes challenger’s speed tests, including frame, including those that show speeds no responsibility or liability for these speed test data, information regarding less than or equal to 5 Mbps. The matters. To the extent a technical or speed reductions that affected specific complete file specification for security issue arises with the USAC challenger speed tests, and other device- respondent speed tests is detailed in portal, Commission staff will take all specific data collected from transmitter Appendix D.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13423

41. While data submitted by a device-specific throughput submitted using this same template. A challenged party will not be subject to measurements or other device-specific challenged party may leave the device the identical system validation process information (rather than generalized key IMEI and device ID fields blank when used for challenger speed test data, the performance indicator statistics for a submitting data from transmitter system will process any submitted cell-site) in order to help refute a monitoring software. speed data using a similar approach. challenge.’’ The Bureaus adopt the 47. The Bureaus also adopt the The USAC system will analyze each proposal to allow challenged parties to proposal to require challenged parties speed test record to ensure it meets all submit transmitter monitoring software that file speed reduction data to file the standard parameters and apply a buffer data that is substantially similar in form data in CSV format matching the with a fixed radius to each counted and content to speed test data in order respective file specifications. This file speed measurement. to facilitate comparison of such data can be created using a template during the adjudication process. In provided in the USAC portal. The c. Additional Requirements for Speed particular, challenged parties wishing to Bureaus will permit challenged parties Reduction Data submit such data must include: The to leave the device download speed data 42. The Bureaus adopt the proposal to latitude and longitude to at least five field blank if that provider’s plan does allow a challenged party to submit data decimals of the measured device; the not reduce speeds to a fixed value. In identifying a particular device that a date and time of the measurement; and order to be useful when evaluating challenger used to conduct its speed signal strength, latency, and recorded challenges, the Bureaus conclude that tests as having been subjected to speeds. The Bureaus will not require the data captured in the speed reduction reduced speeds, along with the precise challenged parties submitting data from data template must reflect when a date and time the speed reductions were transmitter monitoring software to particular device was known to have in effect on the challenger’s device provide the measured distance between actually experienced reduced speeds. (speed reduction data). As the the device and transmitter. 48. The Bureaus expect that speed Commission explained in the MF–II 45. The Bureaus adopt the proposal to reduction data would need to show that Challenge Process Order, the Bureaus require that measurements from a specific speed test result was affected expect that speed test data will be submitted transmitter monitoring by a speed reduction—not merely that particularly persuasive evidence to software data conform to the standard the challenger was eligible for (i.e., rebut a challenge. The Bureaus do not parameters and requirements adopted potentially subject to) reduced speeds expect a challenged provider to submit by the Commission for speed test data sometimes under the terms of its service challenger speed tests as part of its submitted by a challenged party. The plan (because of the amount of recent rebuttal because the challenged provider Bureaus will require that such data usage or not). Accordingly, the would need actual knowledge of the measurements reflect device usage Bureaus expect that, for speed data conditions under which the challenger between the hours of 6:00 a.m. and submitted by challengers that chose speed tests were conducted to be able to 12:00 a.m. (midnight) local time and be appropriate rate plans (those that certify to the accuracy of the collected after the publication of the allowed for testing of full network challenger’s speed tests. initial eligibility map and within six performance), a challenged party’s data 43. The Bureaus acknowledge that a months of the scheduled close of the showing that a specific speed reduction provider may reduce data speed for response window. The Bureaus will not occurred over a very limited time various reasons, and expect that require challenged parties to submit all period, such as a few minutes, would be evidence of user-specific speed transmitter monitoring software data more probative of the validity of reductions will be more probative and collected over the relevant time period challenger speed tests taken during that given more weight during adjudication due to the potential massive volume of time than data alleging that a speed than evidence of common network data that could be collected over six reduction occurred over several hours or practices affecting all subscribers months. The complete file specifications several days. If, however, the challenger independent of the service plan used. for respondent transmitter monitoring chose an inappropriate rate plan or the Speed reduction data will be most software data is detailed in Appendix D. challenger’s data usage triggered a probative of the validity of challenger The Bureaus caution that triangulated constant and extended speed reduction, speed tests when those data show that data with large inaccuracies may not be for example by the challenger going over specific test results were caused by the precise enough to constitute device- a high-speed data allotment in a billing challenger’s chosen rate plan or the specific geolocated measurements period, the Bureaus expect that a challenger’s data usage in the relevant because an engineer would not be able challenged party’s speed reduction data billing period. While the Bureaus will to certify to the accuracy of a particular would be useful if it showed the entire not require a challenger and challenged speed test occurring at a particular period that challenger speed tests were party to coordinate before speed test location. taken under such conditions. data are recorded, interested parties will 49. The Bureaus’ decision to require e. File Formats not be prohibited from coordinating that response speed test data, with one another regarding speed tests 46. The Bureaus adopt the proposal transmitter monitoring software data, if they choose to do so. that challenged parties submit speed and speed reduction data be submitted test data in CSV format matching the in a certain format is consistent with the d. Requirements for Data From respective file specifications. Commission’s direction that the Bureaus Transmitter Monitoring Software Challenged parties are required to implement ‘‘any additional 44. Under the MF–II challenge submit a CSV file that contains entries requirements that may be necessary or process framework adopted by the for each speed test run by the appropriate for data submitted by a Commission, a challenged party may challenged party to provide evidence in challenged party in response to a submit device-specific data collected support of its response. A challenged challenge.’’ To the extent response data from transmitter monitoring software in party can create this file using a requires further explanation that does responding to a challenge. As stated in template provided in the USAC portal. not fit into the templates, a challenged the MF–II Challenge Process Order, The Bureaus will also require that data party may additionally provide a these data ‘‘should include geolocated, from transmitter monitoring software be descriptive narrative in a text box

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13424 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

accessible via the USAC portal; b. Challenged Party Certification publication of the final eligibility map, however, speed test data, transmitter 52. Only those responses that have the outcome of the adjudication for each monitoring data, or speed reduction been certified by the close of the challenged cell and the non-confidential data submitted by challenged parties response window will be considered components of the data submitted by must otherwise conform to the required during the adjudication phase. A challengers and respondents. templates in order to be considered. challenged party will be able to IV. Procedural Matters 50. Additional details about the electronically certify its submitted attributes and the file formats that we response data for each challenged grid A. Congressional Review Act will require for respondents may be cell via the USAC portal. To certify a 56. The Commission will send a copy found in Appendix D. response, an authorized representative of this Public Notice to Congress and the of the challenged party must: (1) Government Accountability Office, 4. Certifying a Response Provide the name and title of the pursuant to the Congressional Review a. Qualified Engineer Certification certifying engineer that substantiated Act. the data; and (2) certify under penalty 51. The Commission decided in the of perjury that: (a) The qualified B. Paperwork Reduction Act Analysis MF–II Challenge Process Order that all engineer has examined the information 57. The MF–II Challenge Process response evidence must be certified by submitted; and (b) the qualified Procedures Public Notice implements a qualified engineer to be considered engineer has certified that all data and the information collection requirements during the adjudication phase of the statements contained in the submission adopted in the MF–II Challenge Process challenge process. The Bureaus again were generated in accordance with the Order, 82 FR 42473, September 8, 2017, clarify that a qualified engineer may be parameters specified by the Commission and does not contain any additional an employee of the challenged party or and are true, accurate, and complete to information collection requirements a third-party vendor so long as the the best of his or her knowledge, subject to the Paperwork Reduction Act individual: (1) Possesses a sufficient information, and belief. of 1995 (PRA), Public Law 104–13. The degree of technical knowledge and 53. During the response window, a Commission received PRA approval experience to validate the accuracy of challenged party will also be able to from the Office of Management and submitted data; and (2) has actual review, modify, and delete any certified Budget (OMB) for the information knowledge of the accuracy of the response data it no longer wishes to collection requirements related to the submitted data. For purposes of submit, and will be required to re-certify challenge process, as adopted in the certification, a qualified engineer need any responses for which it submits MF–II Challenge Process Order. See 83 not meet state professional licensing additional or modified data or deletes FR 6562 (Feb. 14, 2018). Because this requirements, such as may be required data; however, any new or modified Public Notice does not adopt any for a licensed Professional Engineer, so data must also be certified by a qualified additional information collection long as the individual possesses the engineer. A challenged party will not requirements beyond those adopted in requisite technical knowledge, have an opportunity to amend the MF–II Challenge Process Order and engineering training, and relevant submitted data, submit additional data, approved by OMB, the MF–II Challenge experience to validate the accuracy of or certify any response after the Process Procedures Public Notice does the submitted data. Using the Challenge response window has closed. not implicate the procedural Data Certification form in Attachment F, C. Adjudication of Challenges requirements of the PRA or the Small the qualified engineer shall certify Business Paperwork Relief Act of 2002, under penalty of perjury that: (a) He/she 1. Standard of Review Public Law 107–198. has examined the information prepared 54. As the Commission determined in for submission; and (b) all data and C. Supplemental Final Regulatory the MF–II Challenge Process Order, the Flexibility Analysis statements contained therein were Bureaus will adjudicate the merits of generated in accordance with the certified challenges based upon a 58. As required by the Regulatory parameters specified by the Commission preponderance of the evidence standard Flexibility Act of 1980, as amended and are true, accurate, and complete to of review, and the challenger will bear (RFA), the Commission prepared Initial the best of his/her knowledge, the burden of persuasion. Regulatory Flexibility Analyses (IRFAs) information, and belief. The Bureaus in connection with the USF/ICC will not require a challenged party to 2. Announcing Results Transformation FNPRM (76 FR 78383, submit an executed Challenge Data 55. The Bureaus adopt the proposal to December 16, 2011), the 2014 CAF Certification form when it certifies a make available to challengers and FNPRM (80 FR 4445, January 27, 2015), response, though the Bureaus reserve respondents data about their challenges and the MF–II FNPRM (82 FR 13413, the right to request a copy of the form. and responses through the USAC portal March 13, 2017) (collectively, MF–II The Bureaus caution challenged parties after Commission staff have adjudicated FNPRMs). A Supplemental Initial that they will not be legally capable of all challenges and responses. In Regulatory Flexibility Analysis making the required response particular, the Bureaus will provide to (Supplemental IRFA) was also filed in certification unless a qualified engineer each challenger or respondent for each the MF–II Challenge Process Comment has substantiated the response data by of the grid cells associated with their Public Notice in this proceeding. The executing the Challenge Data certified challenges or certified Commission sought written public Certification form. The challenged party responses, respectively: (a) The outcome comment on the proposals in the MF–II must possess an executed Challenge of the adjudication; (b) the evidence FNPRMs and in the MF–II Challenge Data Certification form in order to have submitted and certified by all Process Comment Public Notice, all of the information it needs to certify challengers; and (c) the evidence including comments on the IRFAs and a response. Persons making willful false submitted and certified by all Supplemental IRFA. The Commission statements in any part of a speed data respondents. Additionally, the Bureaus received three comments in response to submission may be subject to will make public on the Commission’s the MF–II FNPRM IRFA. No comments punishment by fine or imprisonment. website, concurrent with the were filed addressing the other IRFAs or

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13425

the Supplemental IRFA. The further reducing the burden on small MF–II Challenge Process Procedures Commission included Final Regulatory entities of responding to a challenge. Public Notice describes certain Flexibility Analyses (FRFAs) in additional parameters for the data 2. Summary of Significant Issues Raised connection with the 2014 CAF Order, submitted by challengers and by Public Comments in Response to the the MF–II Order, and the MF–II challenged parties during the challenge IRFA Challenge Process Order (collectively, process. Specifically, the Bureaus the MF–II Orders). This Supplemental 62. There were no comments filed require a challenger to submit all speed Final Regulatory Flexibility Analysis that specifically addressed the proposed test measurements collected during the (Supplemental FRFA) supplements the procedures and policies presented in relevant time frame, including those FRFAs in the MF–II Orders to reflect the the Supplemental IRFA. that show speeds greater than or equal actions taken in the MF–II Challenge 3. Response to Comments by the Chief to 5 Mbps. Each submitted speed test Process Procedures Public Notice and Counsel for Advocacy of the Small measurement must include: Signal strength and latency; the service conforms to the RFA. Business Administration provider’s identity; the make and model 1. Need for, and Objectives of, This 63. Pursuant to the Small Business of the device used (which must be from Public Notice Jobs Act of 2010, which amended the that provider’s list of pre-approved 59. The MF–II Challenge Process RFA, the Commission is required to handsets); the international mobile Procedures Public Notice establishes the respond to any comments filed by the equipment identity (IMEI) of the tested parameters and procedures to Chief Counsel for Advocacy of the Small device; the method of the test (i.e., implement the MF–II challenge process. Business Administration (SBA), and to hardware- or software-based drive test Following the release of the MF–II provide a detailed statement of any or non-drive test app-based test); if an Orders, the Commission released the change made to the proposed rule(s) as app was used to conduct the MF–II Challenge Process Comment a result of those comments. measurement, the identity and version Public Notice. The MF–II Challenge 64. The Chief Counsel did not file any of the app; and the identity and location Process Comment Public Notice comments in response to the proposed of the server used for speed and latency proposed and sought comment on procedures in this proceeding. testing. specific parameters and procedures to 4. Description and Estimate of the 68. If a challenged party chooses to implement the MF–II challenge process. submit its own speed test data in 60. More specifically, the MF–II Number of Small Business Entities to Which Procedures Will Apply response to a challenge, the data must Challenge Process Procedures Public conform to the additional parameters Notice establishes the technical 65. The RFA directs agencies to that are required for challengers, except procedures for generating the initial provide a description of and, where for the requirement to identify the eligible areas map and processing feasible, an estimate of the number of service provider. A challenged party challenges or responses submitted by small entities that may be affected by may also submit data identifying a challengers and challenged parties, the proposed rules adopted herein. The particular device that a challenger used respectively. The MF–II Challenge RFA generally defines the term ‘‘small to conduct its speed tests as having been Process Procedures Public Notice also entity’’ as having the same meaning as subjected to reduced speeds, along with establishes additional requirements and the terms ‘‘small business,’’ ‘‘small the precise date and time the speed parameters, including file formats and organization,’’ and ‘‘small governmental reductions were in effect on the specifications, for data submitted during jurisdiction.’’ In addition, the term challenger’s device. If a challenged the challenge process. ‘‘small business’’ has the same meaning party chooses to submit data collected 61. Finally, the challenge procedures as the term ‘‘small business concern’’ from transmitter monitoring software, established in the MF–II Challenge under the Small Business Act. A ‘‘small the data should include geolocated, Process Procedures Public Notice are business concern’’ is one which: (1) Is device-specific throughput designed to anticipate the challenges independently owned and operated; (2) measurements or other device-specific faced by small entities (e.g., is not dominant in its field of operation; information (rather than generalized key governmental entities or small mobile and (3) satisfies any additional criteria performance indicator statistics for a service providers) in complying with established by the SBA. cell-site). Measurements from submitted the implementation of the Commission’s 66. FRFAs were incorporated into the transmitter monitoring software data rules and the Bureau’s proposals. For MF–II Orders. In those analyses, the must conform to the standard example, the Commission will perform Commission described in detail the parameters and requirements for speed all geospatial data analysis on a uniform small entities that might be significantly test data submitted by a challenged grid, which will remove the need for a affected. In the MF–II Challenge Process party, and must include: The latitude challenger to submit a map of the area(s) Procedures Public Notice, the Bureaus and longitude to at least five decimals it wishes to challenge on top of its incorporate by reference the of the measured device; the date and evidence, reducing burdens on small descriptions and estimates of the time of the measurement; and signal entities. Additionally, the MF–II number of small entities from the strength, latency, and recorded speeds. Challenge Process Procedures Public previous FRFAs in the MF–II Orders. The Bureaus also clarify that such Notice adopts procedures to allow a geolocated data be accurate to within 5. Description of Projected Reporting, challenged entity to submit evidence 7.8 meters of the actual device location Recordkeeping, and Other Compliance identifying devices that were subject to 95 percent of the time. data speed regulations, alongside Requirements for Small Entities evidence from transmitter monitoring 67. The data, information, and 6. Steps Taken To Minimize the software and speed tests, which would document collection required by the Significant Economic Impact on Small allow for a small entity to more easily MF–II Orders, as described in the Entities, and Significant Alternatives respond to a challenge. Challenged previous FRFAs and the SIRFA in the Considered parties will also be given 30 days to MF–II Challenge Process Comment 69. The RFA requires an agency to review challenges and supporting data Public Notice in this proceeding, are describe any significant alternatives that before the response window opens, hereby incorporated by reference. The it has considered in reaching its

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13426 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

proposed approach, which may include Federal Communications Commission. amberjack, is managed under the FMP. the following four alternatives (among Gary D. Michaels, The Council prepared the FMP, and others): ‘‘(1) the establishment of Deputy Chief, Auctions and Spectrum Access NMFS implements the FMP under the differing compliance or reporting Division, WTB. authority of the Magnuson-Stevens requirements or timetables that take into [FR Doc. 2018–06382 Filed 3–28–18; 8:45 am] Fishery Conservation and Management Act (Magnuson-Steven Act) through account the resources available to small BILLING CODE 6712–01–P entities; (2) the clarification, regulations at 50 CFR part 622. consolidation, or simplification of On January 26, 2018, NMFS compliance or reporting requirements published a proposed rule for the DEPARTMENT OF COMMERCE under the rule for small entities; (3) the framework action and requested public use of performance, rather than design, National Oceanic and Atmospheric comment (83 FR 3670). The proposed standards; and (4) and exemption from Administration rule and the framework action outline coverage of the rule, or any part thereof, the rationale for the actions contained in for small entities.’’ 50 CFR Part 622 this final rule. A summary of the 70. The challenge procedures management measures described in the established in the MF–II Challenge [Docket No. 171017999–8262–01] framework action and implemented by Process Procedures Public Notice are RIN 0648–BH32 this final rule is provided below. intended to remove the need for a Management Measures Contained in challenger to submit a map of the area(s) Fisheries of the Caribbean, Gulf of This Final Rule it wishes to challenge on top of its Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; This final rule revises the recreational evidence by having the Commission fishing year and the recreational fixed perform all geospatial data analysis on Modifications to Greater Amberjack Recreational Fishing Year and Fixed closed season for greater amberjack in a uniform grid, which will benefit small the Gulf. entities. The challenge procedures also Closed Season Greater Amberjack Recreational Fishing allow a challenged entity to submit AGENCY: National Marine Fisheries Year evidence identifying devices that were Service (NMFS), National Oceanic and subject to data speed reductions, Atmospheric Administration (NOAA), This final rule revises the Gulf greater alongside evidence from transmitter Commerce. amberjack recreational fishing year to be monitoring software and speed tests, August 1 through July 31. The current ACTION: Final rule. thereby minimizing the significant Gulf recreational fishing year for greater economic impact on small entities. SUMMARY: NMFS issues regulations to amberjack is January 1 through Challenged parties will also be given 30 implement management measures December 31 and was established in the days to review challenges and described in a framework action to the original FMP (49 FR 39548; October 9, supporting data before the response Fishery Management Plan for the Reef 1984). The change implemented through window opens. In addition, the Bureaus Fish Resources of the Gulf of Mexico this final rule allows for greater note that the challenge processes and (FMP), as prepared by the Gulf of amberjack recreational harvest to occur procedures adopted in the MF–II Mexico Fishery Management Council later in the year and provides an Challenge Process Procedures Public (Council). This final rule revises the opportunity to harvest greater amberjack Notice will only apply to small entities recreational fishing year and modifies when harvest of many other reef fish who participate in the challenge the recreational fixed closed season for species is prohibited due to in-season process. The Bureaus also note that to greater amberjack in the Gulf of Mexico closures as a result of harvest limits. By the extent a challenged party is a small (Gulf) exclusive economic zone (EEZ). starting the fishing year in August, entity, since a challenged party is not The purposes of this final rule and the when fishing effort is less, NMFS and required to respond to challenges within framework action are to constrain the Council expect enough recreational their service area(s) the processes and recreational harvest to assist in ending quota remaining to allow for harvest procedures associated with responding overfishing, and to rebuild the greater during May of the following calendar to challenges adopted in the MF–II amberjack stock in the Gulf, while year. Challenge Process Procedures Public achieving optimum yield of the stock in Consistent with the change in the Notice are only applicable should a the Gulf. fishing year, this final rule revises the small entity choose to submit years associated with the greater DATES: This final rule is effective April responsive evidence. 30, 2018. amberjack recreational annual catch 7. Report to Congress limits (ACLs) and quotas. Currently, the ADDRESSES: Electronic copies of the recreational ACLs and quotas are 71. The Commission will send a copy framework action, which includes an defined by the calendar year, which is of the MF–II Challenge Process environmental assessment, a regulatory also the fishing year. With the change to Procedures Public Notice, including this impact review, and a Regulatory the recreational fishing year, the Supplemental FRFA, in a report to Flexibility Act (RFA) analysis may be recreational ACLs and quotas apply Congress pursuant to the Congressional obtained from the Southeast Regional across calendar years. Therefore, this Office website at http:// Review Act. In addition, the _ final rule assigns the recently Commission will send a copy of the MF– sero.nmfs.noaa.gov/sustainable implemented 2018 ACL and quota to the fisheries/gulf_fisheries/reef_fish/2017/ II Challenge Process Procedures Public _ remainder of the August 1, 2017, Notice, including this Supplemental GAJ Fishing%20Year/index.html. through July 31, 2018, recreational FRFA, to the Chief Counsel for FOR FURTHER INFORMATION CONTACT: fishing year. The 2019 recreational ACL Advocacy of the SBA. A copy of the Kelli O’Donnell, NMFS SERO, and quota will correspond to the 2018– MF–II Challenge Process Procedures telephone: 727–824–5305, email: 2019 recreational fishing year, and the Public Notice and Supplemental FRFA [email protected]. recreational ACL and quota for 2020 and (or summaries thereof) will also be SUPPLEMENTARY INFORMATION: The Gulf beyond will correspond to all published in the Federal Register. reef fish fishery, which includes greater subsequent fishing years.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13427

Greater Amberjack Recreational Fixed Response: NMFS disagrees that the Response: NMFS disagrees that the Closed Season greater amberjack stock is not in need of recreational closed season for greater NMFS recently published a final rule rebuilding and that the management amberjack should not be changed. The that changed the greater amberjack measures in this final rule are current recreational greater amberjack recreational closed season from June unnecessary. In 2016, a Southeast Data, closed season of January 1 through June through July each year to January Assessment, and Review (SEDAR) stock 30 was intended to be a temporary through June (82 FR 61485; December assessment for greater amberjack was measure to allow the Council time to completed (SEDAR 33) and indicated 28, 2017) to allow the Council time to consider alternatives that would allow the Gulf greater amberjack stock further modify the closed season to for harvest in both the spring and fall. remained overfished, was undergoing create two separate recreational fishing If the current closed season were left in overfishing, and would not be rebuilt by seasons. place, it would not allow for 2019, as was previously estimated. This final rule modifies the recreational harvest in the spring, which Therefore, the Council established a recreational fixed closed season for is a time when many recreational new rebuilding time period that ends in greater amberjack to be from January 1 anglers have requested that recreational 2027 and revised the ACLs and quotas. through April 30, June 1 through July harvest of greater amberjack occur (82 FR 61485; December 28, 2017). The 31, and November 1 through December because this is a time when other management measures implemented 31, each year. This means that targeted species, such as red snapper, through this final rule are expected to recreational harvest would be allowed are usually unavailable for harvest. The constrain harvest to the new catch levels Council considered several options for in May and from August through and protect the stock during springtime October each calendar year unless an in- modifying the closed season to allow spawning activity in March and April. harvest in the spring and chose May as season closure is necessary to constrain The Council determined, and NMFS harvest to the recreational quota. the open month to avoid harvest during agrees, that these management measures the peak spawning months of March Because this final rule also changes the will help meet rebuilding goals for this recreational fishing year, NMFS expects and April. stock. Comment 4: A 4-month recreational any in-season quota closure to occur Comment 2: The greater amberjack later in the fall or during May of the open season for greater amberjack is too recreational fishing year should not be short. Recreational harvest should be following year. However, because NMFS changed. Changing the fishing year to expects the recreational fixed closed allowed year-round or at least also in start on August 1 will cost money and June and July. season to reduce recreational landings take time to implement without Response: NMFS disagrees. Allowing NMFS also expects this change to providing any benefit. It will also shift recreational harvest of greater amberjack reduce the likelihood of an in-season effort in the eastern Gulf to the western during June and July, historically the closure and landings exceeding the Gulf, changing the dynamics of the months of highest recreational fishing recreational ACL. This final rule is also fishery. This change will eliminate any effort, or year-round, would likely result expected to protect greater amberjack recreational spring fishery for greater in an in-season quota closure, and during peak spawning months in the amberjack in the eastern Gulf because would increase the likelihood of majority of the Gulf (March through there will be enough of the recreational exceeding the recreational ACL. It April), thereby contributing to quota remaining after the fall season. rebuilding the greater amberjack stock Response: While NMFS agrees that would also be inconsistent with the by the end of the designated time period the change in the fishing year may shift Council’s intent to have both fall and in 2027. fishery dynamics, this change is spring fishing seasons. Allowing for recreational harvest in May, August, Comments and Responses expected to provide benefits by reducing the overall recreational harvest September, and October is expected to NMFS received a total of 46 of greater amberjack, which will reduce increase the opportunity for recreational comments on the proposed rule for the the likelihood of an in-season closure, harvest while still protecting the stock framework action from individual and allow for harvest in May as well as as it rebuilds. fishers and two for-hire fishing vessel August through October. The first Comment 5: Modifying the associations. Several commenters season is limited to 3 months (August, recreational bag limits, implementing supported the proposed measures for September, and October) and is during seasonal split quotas, and modifying the Gulf greater amberjack. Other comments a time of historically low fishing effort. commercial trip limits would be more stated that changes to fishing Analysis included in the framework effective in managing the greater regulations cause confusion, and action predicted that the new amberjack stock in the Gulf than suggested a tag system to measure recreational quota should be sufficient changing the fishing year and closed harvest of greater amberjack, but those to allow for harvest both in the fall and season. assertions were outside the scope of the the spring. Response: The Council did not proposed rule and therefore are not In addition, changing the fishing year consider modifying recreational bag addressed here. to begin on August 1 provides access to limits or establishing recreational Specific comments related to the greater amberjack later in the calendar seasonal quotas for greater amberjack in framework action and the proposed rule year, which is a period when the harvest the Gulf in this framework action. are grouped by topic and summarized of other targeted species (e.g., red However, in response to public below, followed by NMFS’ respective snapper) is typically unavailable in comments at its October 2017 meeting, responses. Federal waters. Opening recreational the Council began development of Comment 1: Greater amberjack is fishing for greater amberjack later in the another framework action in which it abundant in the Gulf which suggests the calendar year is also expected to will consider recreational bag limit stock is healthy; therefore, the greater improve access to this species because options and split quotas as well as amberjack stock is not in need of weather tends to be more favorable. commercial vessel limits for greater rebuilding, and these additional Comment 3: The recreational closed amberjack. NMFS expects the Council to management measures are not season for greater amberjack should not review a draft options paper for this necessary. be changed. framework in 2018.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13428 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Classification ■ 3. In § 622.34, revise paragraph (c) to DEPARTMENT OF COMMERCE read as follows: The Regional Administrator for the National Oceanic and Atmospheric NMFS Southeast Region has determined § 622.34 Seasonal and area closures Administration that this final rule is consistent with the designed to protect Gulf reef fish. framework action, the FMP, the * * * * * 50 CFR Part 660 Magnuson-Stevens Act, and other applicable law. (c) Seasonal closure of the [Docket No. 161024999–8248–02] recreational sector for greater This final rule has been determined to RIN 0648–BG40 be not significant for purposes of amberjack. The recreational sector for Executive Order 12866. greater amberjack in or from the Gulf Fisheries Off West Coast States; The Magnuson-Stevens Act provides EEZ is closed from January 1 through Pacific Coast Groundfish Fishery the statutory basis for this final rule. No April 30, June 1 through July 31, and Management Plan; Authorization of an duplicative, overlapping, or conflicting November 1 through December 31, each Oregon Recreational Fishery for Federal rules have been identified. In year. During the closure, the bag and Midwater Groundfish Species addition, no new reporting, record- possession limit for greater amberjack in AGENCY: National Marine Fisheries keeping, or other compliance or from the Gulf EEZ is zero. Service (NMFS), National Oceanic and requirements are introduced by this * * * * * final rule. Atmospheric Administration (NOAA), The Chief Counsel for Regulation of ■ 4. In § 622.39, revise paragraph Commerce. the Department of Commerce certified (a)(2)(ii) to read as follows: ACTION: Final rule. to the Chief Counsel for Advocacy of the SUMMARY: This final rule authorizes the Small Business Administration (SBA) § 622.39 Quotas. use of midwater long-leader gear for during the proposed rule stage that this * * * * * recreational fishing in waters seaward of rule, if adopted, would not have a (a) * * * a boundary line approximating the 40 significant economic impact on a fathoms depth contour off the coast of substantial number of small entities. (2) * * * Oregon. Both charter and private vessels The factual basis for this determination (ii) Recreational quota for greater are authorized to use midwater long- was published in the proposed rule and amberjack. (A) For the 2017–2018 leader gear seaward of the 40 fathom is not repeated here. No comments from fishing year—716,173 lb (324,851 kg). seasonal depth closure, while being the public or the SBA’s Chief Counsel (B) For the 2018–2019 fishing year— monitored with the existing Oregon for Advocacy were received regarding 902,185 lb (409,224 kg). Ocean Recreational Boat Sampling the certification, and NMFS has not (ORBS) program. The use of midwater received any new information that (C) For the 2019–2020 fishing year long-leader gear is intended to limit would affect its determination. As a and subsequent fishing years— bycatch of overfished and rebuilding result, a final regulatory flexibility 1,086,985 lb (493,048 kg). rockfish species, such as bottom- analysis is not required and none has * * * * * dwelling yelloweye rockfish, while still been prepared. ■ 5. In § 622.41, revise paragraph allowing for the catch of abundant List of Subjects in 50 CFR Part 622 (a)(2)(iii) to read as follows: midwater species such as yellowtail and widow rockfish. The season will occur Fisheries, Fishing, Greater amberjack, § 622.41 Annual catch limits (ACLs), Gulf, Recreational, Reef fish. between April and September, months annual catch targets (ACTs), and currently subject to depth restrictions. Dated: March 23, 2018. accountability measures (AMs). DATES: Effective April 1, 2018. Samuel D. Rauch III, (a) * * * FOR FURTHER INFORMATION CONTACT: Deputy Assistant Administrator for Christopher Biegel, phone: 503–231– Regulatory Programs, National Marine (2) * * * 6291, fax: 503–872–2737, or email: Fisheries Service. (iii) The applicable recreational ACL [email protected]. For the reasons set out in the for greater amberjack, in round weight, SUPPLEMENTARY INFORMATION: preamble, 50 CFR part 622 is amended is 862,860 lb (391,387 kg) for the 2017– as follows: 2018 fishing year, 1,086,970 lb (493,041 Electronic Access kg) for the 2018–2019 fishing year, and This final rule is accessible via the PART 622—FISHERIES OF THE 1,309,620 lb (594,034 kg) for 2019–2020 internet at the Office of the Federal CARIBBEAN, GULF OF MEXICO, AND fishing year and subsequent fishing Register website at http:// SOUTH ATLANTIC years. www.federalregister.gov. Background ■ 1. The authority citation for part 622 * * * * * information and documents are continues to read as follows: [FR Doc. 2018–06317 Filed 3–28–18; 8:45 am] available at the NMFS West Coast BILLING CODE 3510–22–P Region website at http:// Authority: 16 U.S.C. 1801 et seq. www.westcoast.fisheries.noaa.gov/ ■ 2. In § 622.7, add paragraph (h) to read fisheries/groundfish/index.html and at as follows: the Pacific Fishery Management Council’s website at http:// § 622.7 Fishing years. www.pcouncil.org. * * * * * (h) Gulf of Mexico greater amberjack Background recreational sector—August 1 through Since 2004, NMFS has restricted July 31. (Note: The fishing year for the Oregon recreational groundfish fisheries commercial sector for greater amberjack to shallow depths (<20–40 fm) during is January 1 through December 31). peak effort to reduce interactions with

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13429

deeper water species, especially and limit initial impacts on newly from the EFP, or test the proposed yelloweye rockfish. The recreational rebuilt species. If desired, NMFS and changes suggested by the commentor in groundfish fisheries are an important the Council could work towards the EFP, it is difficult for NMFS to part of the local economy and social removing the prohibition in the future. accurately predict the impacts fabric in Oregon’s coastal communities. Under the action, anglers are also associated with these suggestions. From 2011–2015, anglers fished an prohibited from possessing lingcod. All Therefore, NMFS will not remove or average of 84,000 recreational other existing state and Federal alter the required long-leader gear groundfish trips per year in the Federal groundfish regulations, such as bag configuration, or allow exemptions for waters off of the Oregon coast, limits and rockfish conservation areas, small vessels such as kayaks, without representing about 44 percent of the remain in effect. ODFW will monitor further Council discussion and total Oregon recreational fishery effort this fishery through its existing Ocean consideration of these changes. during this period. The implementation Recreational Boat Survey. The Council Comment 3: NMFS received sixteen of deep-water rockfish closures in 2004 approved language in the definition of left several Oregon ports without any long-leader gear that included a comments on the proposed prohibition viable groundfish fishing opportunities. prohibition on ‘‘large lures.’’ However, on natural bait. One charter operator, To increase recreational fishing the Council did not define this term. two EFP participants, and one opportunities in these ports and relieve After consultation with ODFW, this recreational angler commented in pressure from nearshore reefs, NMFS final rule defines ‘‘large lure’’ as over support of the bait prohibition, stating issued exempted fishing permits (EFPs) five inches in length. This definition is that bait was unnecessary to produce to the Oregon Recreational Fishing based on industry standard lure sizes good catches. One boat owner, one Alliance and Oregon Department of Fish commonly used in the recreational recreational fishing organizations, one and Wildlife (ODFW) from 2009–2011 fishery. tackle shop, one charter operator, seven to test the viability of long-leader gear. recreational anglers, and one private Comments and Responses The long-leader gear tested under this citizen commented in opposition to the EFP test fishing program and authorized NMFS published a proposed rule for natural bait prohibition. Of these, one for use by this rule has one line with no this action on December 12, 2017 (82 FR charter operator and one recreational more than three hooks, a sinker at the 60170). We received 67 comments on angler commented that natural bait was bottom, at least 30 feet (9.14 m) between the proposed rule. We received public prohibited during the EFP test fishing to the sinker and the lowest hook, and a comments from 3 recreational fishing avoid bycatch of canary rockfish. non-compressible float above the hooks. organizations, 2 boat owners, 6 charter Because the canary rockfish stock is This gear limits interaction with deeper operators, 1 tackle shop, 3 EFP rebuilt, and can now be retained, they water groundfish species that inhabit participants, 32 recreational anglers, commented that the bait prohibition is areas close to the seafloor by suspending and 17 private citizens. These no longer necessary. the hooks well above the seafloor. In comments are discussed below. Response: As noted above in the Comment 1: All responsive comments 2005, based in part on favorable EFP test background section, NMFS will not supported creation of the midwater fishing results using midwater long- remove the prohibition on the use of leader gear on Oregon sport charter long-leader recreational fishery. Response: NMFS agrees, and through live bait for this fishery at this time. The fishing vessels, the Council requested prohibition on the use of live bait was that NMFS implement regulations this rule is promulgating regulations to allow recreational anglers to use included in the terms and conditions of authorizing a midwater long-leader the EFPs used to test this fishery as a fishery in the Federal waters off the midwater long-leader gear seaward of a means to protect the overfished canary Oregon coast. line approximating the 40 fathom depth This final rule authorizes midwater curve exclusively off the coast of Oregon rockfish by reducing interactions with long-leader recreational groundfish (42°00′ N lat. to 46°18′ N lat.) from April the canary rockfish. Since then, canary fishing seaward of a line approximating 1 to September 30. rockfish has been declared rebuilt. the 40 fathom depth curve exclusively Comment 2: NMFS received five However, NMFS is maintaining the off the coast of Oregon (42°00′ North comments on the proposed gear prohibition because NMFS does not latitude [N lat.] to 46°18′ N lat.) from configuration. Two recreational know the impacts to canary rockfish April 1 to September 30. NMFS expects fishermen and one EFP participant that could occur if this prohibition were this gear configuration will allow commented in support of the gear as removed. Those impacts were not tested recreational anglers to target abundant proposed. One charter operator or evaluated in the EFP test fishing and and healthy midwater species while proposed changes that would make the associated analysis. Additionally, avoiding or minimizing interactions gear less likely to tangle. One because canary rockfish has only with overfished rockfish species. When recreational angler asked that the recently been rebuilt, NMFS believes it deploying this gear, anglers are regulations exempt small vessels such is important to take a precautionary authorized to use artificial lures or flies as kayaks from the long-leader gear approach in developing fisheries that less than or equal to 5 inches (12.7 cm) requirements while participating in the could impact this newly rebuilt species. in length. However, anglers may not use fishery. However, starting that discussion with natural bait, or lures or flies greater than Response: When the Council was the Council now would interfere with 5 inches (12.7 cm) in length, as was the developing this action, Council NMFS’s goal to have this rule in place case under the terms and conditions of members discussed the need to develop for the 2018 fishing season. April 1 is the EFP. This final rule retains this regulations that reflect the same, or as the start of the fishing season, ensuring prohibition on live bait, which was similar as possible to, the gear that this rule is effective on April 1 will originally part of the EFP test fishing configurations used in the EFP to test allow fishermen to access areas program to limit impacts to canary this fishery. The purpose of this was to previously subject to depth restrictions rockfish that were overfished at that ensure that impacts from this fishery for the entire season. If desired, NMFS time, because canary has only recently would be similar to what occurred and the Council could choose to work been declared rebuilt and it is prudent under the EFP. Because NMFS did not towards removing the prohibition in the to take actions that are precautionary exempt small vessels, such as kayaks, future.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13430 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

Changes From the Proposed Rule Significant Issues Raised by the Public (excludes durable goods) and 327 jobs We adjusted the proposed rule’s in Response to the IRFA, and a in the state of Oregon. regulatory text defining lure size to Statement of Any Changes Made in the Many charter operations in Oregon make it clearer and to assist in Final Rule as a Result of Such earn a majority of their revenue from enforcement. The text ‘‘not to exceed 5 Comments salmon fishing, however given the inches in length’’ was changed to ‘‘less There were no issues raised about the natural variability of the salmon fishery than or equal to 5 inches in length.’’ IRFA in the public comments; therefore year to year, there is a potential for more Classification no changes were made with regard to commercial charter operations to turn to issues discussed in the IRFA. groundfish if the salmon fishery Pursuant to section 304(b)(1)(A) of the declines. Magnuson-Stevens Fishery Description and Estimate of the Number Conservation and Management Act, 16 of Small Entities To Which the Rule Description of the Projected Reporting, U.S.C. 1854(b)(1)(A), the NMFS Applies Recordkeeping, and Other Compliance Assistant Administrator has determined For RFA purposes only, NMFS has Requirements that this final rule is consistent with the established a small business size Pacific Coast Groundfish Fishery standard for businesses, including their There are no new reporting and Management Plan, other provisions of affiliates, whose primary industry is recordkeeping requirements associated the Magnuson-Stevens Act, and other commercial fishing (see 50 CFR 200.2). with this rule. applicable law. A business primarily engaged in Description of the Steps the Agency Has This final rule has been determined to commercial fishing (NAICS code 11411) be not significant for purposes of Taken To Minimize the Significant is classified as a small business if it is Economic Impact on Small Entities Executive Order (E.O.) 12866. independently owned and operated, is This final rule does not contain Consistent With the Stated Objectives of not dominant in its field of operation Applicable Statutes policies with federalism or ‘‘takings’’ (including its affiliates), and has implications as those terms are defined combined annual receipts not in excess The economic impact of the measures in E.O. 13132 and E.O. 12630, of $11 million for all its affiliated in this rule are discussed in section 3.4 respectively. operations worldwide. Because this rule relieves a of the final Environmental Assessment The SBA defines a small business as restriction, it is not subject to the 30-day (EA) (see the Electronic Access section one that is: of this preamble) and are not repeated delayed effectiveness provision of the • Administrative Procedure Act (5 U.S.C. Independently owned and operated; here. This rule is expected to give • Not dominant in its field of operation; recreational charter entities in Oregon 553(d)(1)). This final rule allows • recreational anglers to target groundfish Has annual receipts that do not increased flexibility to pursue using midwater long-leader gear, from exceed— groundfish fishing opportunities, which Æ $20.5 million in the case of April 1 to September 30, in waters is expected to provide positive commercial finfish harvesting economic impacts. The rule does not seaward of a boundary line 1 approximating the 40 fathoms depth entities (NAIC 114111) limit any existing activity or impose any Æ $5.5 million in the case of contour off the coast of Oregon. These mandatory new costs on the fleet, so the commercial shellfish harvesting months were previously subject to overall benefit to small entities is entities (NAIC 114112) depth restrictions. Therefore, NMFS is expected to be slightly positive, as some Æ $7.5 million in the case of for-hire setting the effective date for this rule as or most vessels may not choose to fishing entities (NAIC 114119); or April 1, 2018, to match the start of the participate in the midwater fishery due • Has fewer than— fishing season and allow recreational Æ 750 employees in the case of fish to increased fuel costs from the distance anglers the opportunity to use long- processors; or required to travel, and because of leader gear for the duration of the 2018 Æ 100 employees in the case of fish midwater gear requirements. fishing season. dealers. The EA analyzed three alternatives in Final Regulatory Flexibility Analysis This final rule impacts recreational addition to a no action alternative. The Section 604 of the Regulatory fish harvesting entities engaged in the preferred alternative (Alternative 1) Flexibility Act (RFA), 5 U.S.C. 604, Pacific Coast groundfish fishery. An allows private and charter recreational requires federal agencies to prepare a estimated 104 recreational charter vessels use long-leader gear seaward of final regulatory flexibility analysis entities targeted groundfish in Oregon in the 40 fm depth curve from April to (FRFA) for each final rule. A FRFA was 2014. Each of these vessels had an September. The other two alternatives prepared and incorporates the Initial estimated average revenue of $35,743 would have allowed the same vessels to Regulatory Flexibility Analysis (IRFA) from groundfish, from a total annual use long-leader gear seaward of the 40 and includes a summary of the analyses average revenue of $116,453, with other fm depth curve from July to September completed to support the action are significant revenue earned in the (Alternative 2) or in the month of included below. A statement of the need salmon, tuna/albacore, and shellfish August (Alternative 3). All of the action for, and the objectives of, this action is fisheries. alternatives are expected to result in contained in the proposed rule and the In 2015 there were 106,504 angler minor beneficial economic impacts, preamble to this final rule, and is not trips in the Oregon recreational with the preferred alternative providing repeated here. NMFS also prepared a groundfish fisheries. This accounted for the largest window of time for the Regulatory Impact Review (RIR) for this $14,225,329 in trip-related expenses recreational harvest to occur, and thus action. A copy of the RIR/FRFA is providing the greatest likely economic available from NMFS (see the Electronic 1 The North American Industry Classification benefits. As all of the alternatives would Access section of this preamble). A System (NAICS) is the standard used by Federal provide positive benefits, there were no statistical agencies in classifying business alternatives rejected that would have summary of the FRFA, per the establishments for the purpose of collecting, requirements of RFA section 604 analyzing, and publishing statistical data related to mitigated adverse effects on small follows. the U.S. business economy. entities.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13431

Small Entity Compliance Guide § 660.360 Recreational fishery— DEPARTMENT OF COMMERCE management measures. Section 212 of the Small Business National Oceanic and Atmospheric Regulatory Enforcement Fairness Act of * * * * * Administration 1996 states that, for each rule or group (c) * * * of related rules for which an agency is (2) * * * 50 CFR Part 679 required to prepare a FRFA, the agency shall publish one or more guides to (i) * * * [Docket No. 170817779–8161–02] assist small entities in complying with (B) Recreational rockfish conservation RIN 0648–XG120 the rule, and shall designate such area (RCA). Fishing for groundfish with publications as ‘‘small entity recreational gear is prohibited within Fisheries of the Exclusive Economic compliance guides.’’ The agency shall the recreational RCA, a type of closed Zone Off Alaska; Northern Rockfish in explain the actions a small entity is area or groundfish conservation area. It the Bering Sea and Aleutian Islands required to take to comply with a rule is unlawful to take and retain, possess, Management Area or group of rules. As part of this or land groundfish taken with rulemaking process, NMFS will send a AGENCY: National Marine Fisheries recreational gear within the recreational Service (NMFS), National Oceanic and small entity compliance guide to RCA. A vessel fishing in the recreational interested parties via the groundfish Atmospheric Administration (NOAA), RCA may not be in possession of any Commerce. email list server. In addition, copies of groundfish. [For example, if a vessel ACTION: Temporary rule; modification of this final rule and guides (i.e., fishes in the recreational salmon fishery information bulletins) are available from a closure. within the RCA, the vessel cannot be in NMFS at the following website: http:// possession of groundfish while within SUMMARY: NMFS is opening directed www.westcoast.fisheries.noaa.gov/. the RCA. The vessel may, however, on fishing for northern rockfish in the List of Subjects in 50 CFR Part 660 the same trip fish for and retain Bering Sea and Aleutian Islands Fisheries, Fishing, and Reporting and groundfish shoreward of the RCA on the Management Area (BSAI). This action is recordkeeping requirements. return trip to port.] Off Oregon, from necessary to fully use the 2018 total April 1 through September 30, allowable catch (TAC) of northern Dated: March 23, 2018. recreational fishing for groundfish is rockfish in the BSAI. Samuel D. Rauch III, prohibited seaward of a recreational DATES: Effective 1200 hrs, Alaska local Deputy Assistant Administrator for RCA boundary line approximating the time (A.l.t.), March 26, 2018, through Regulatory Programs, National Marine 2400 hrs, A.l.t., December 31, 2018. Fisheries Service. 40 fm (73 m) depth contour, except that fishing for flatfish (other than Pacific Comments must be received at the For the reasons set out in the halibut) is allowed seaward of the 40 fm following address no later than 4:30 preamble, 50 CFR part 660 is amended (73 m) depth contour when recreational p.m., A.l.t., April 10, 2018. as follows: fishing for groundfish is permitted, and ADDRESSES: You may submit comments, PART 660—FISHERIES OFF WEST fishing with long-leader gear (as defined identified by NOAA–NMFS–2017–0108, by either of the following methods: COAST STATES in § 660.351) is allowed seaward of the • 40 fm (73 m) depth contour (i.e., within Federal e-Rulemaking Portal. Go to: https://www.regulations.gov/ ■ 1. The authority citation for part 660 the RCA) from April 1 through docket?D=NOAA-NMFS-2017-0108, continues to read as follows: September 30. Coordinates for the click the ‘‘Comment Now!’’ icon, boundary line approximating the 40 fm Authority: 16 U.S.C. 1801 et seq., 16 complete the required fields, and enter U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. (73 m) depth contour are listed at or attach your comments. ■ 2. In § 660.351, add in alphabetical § 660.71. • Mail: Submit written comments to order the definition of ‘‘long-leader * * * * * Glenn Merrill, Assistant Regional gear’’ as follows: (iii) * * * Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: § 660.351 Recreational fishery— (B) Lingcod. There is a 3 fish limit per Ellen Sebastian. Mail comments to P.O. definitions. day for lingcod from January 1 through Box 21668, Juneau, AK 99802–1668. * * * * * December 31. The minimum size for Instructions: Comments sent by any Long-leader gear (also known as lingcod retained in the Oregon other method, to any other address or Holloway gear) means fishing gear with recreational fishery is 22 in (56 cm) total individual, or received after the end of the following: One fishing line, length. For vessels using long-leader the comment period, may not be deployed with a sinker and no more gear (as defined in § 660.351) and considered by NMFS. All comments than three hooks, with a minimum of 30 fishing inside the recreational RCA, received are a part of the public record feet (9.14 meters) between the sinker possession of lingcod is prohibited. and will generally be posted for public and the lowest hook, and a non- * * * * * viewing on www.regulations.gov compressible float attached to the line [FR Doc. 2018–06316 Filed 3–28–18; 8:45 am] without change. All personal identifying above the hooks. The gear may be BILLING CODE 3510–22–P information (e.g., name, address), equipped with artificial lures and flies confidential business information, or less than or equal to 5 inches in length. otherwise sensitive information Natural bait, and lures or flies greater submitted voluntarily by the sender will than 5 inches in length, may not be be publicly accessible. NMFS will used. accept anonymous comments (enter * * * * * ‘‘N/A’’in the required fields if you wish ■ 3. In § 660.360, paragraphs (c)(2)(i)(B) to remain anonymous). and (c)(2)(iii)(B) are revised to read as FOR FURTHER INFORMATION CONTACT: follows: Steve Whitney, 907–586–7228.

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13432 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

SUPPLEMENTARY INFORMATION: NMFS will enhance the socioeconomic well- comment because the most recent, manages the groundfish fishery in the being of harvesters in this area. The relevant data only became available as BSAI according to the Fishery Administrator, Alaska Region (Regional of March 21, 2018. Management Plan for Groundfish of the Administrator) considered the following The AA also finds good cause to Bering Sea and Aleutian Islands factors in reaching this decision: (1) The waive the 30-day delay in the effective Management Area (FMP) prepared by current catch of northern rockfish in the date of this action under 5 U.S.C. the North Pacific Fishery Management BSAI and, (2) the harvest capacity and 553(d)(3). This finding is based upon Council under authority of the stated intent on future harvesting the reasons provided above for waiver of Magnuson-Stevens Fishery patterns of vessels in participating in prior notice and opportunity for public Conservation and Management Act. this fishery. comment. Regulations governing fishing by U.S. Classification vessels in accordance with the FMP Without this inseason adjustment, appear at subpart H of 50 CFR part 600 This action responds to the best NMFS could not allow the fishery for and 50 CFR part 679. available information recently obtained northern rockfish in the BSAI to be Pursuant to the final 2018 and 2019 from the fishery. The Assistant harvested in an expedient manner and harvest specifications for groundfish in Administrator for Fisheries, NOAA in accordance with the regulatory the BSAI (83 FR 8365, February 27, (AA), finds good cause to waive the schedule. Under § 679.25(c)(2), 2018), NMFS closed directed fishing for requirement to provide prior notice and interested persons are invited to submit northern rockfish under opportunity for public comment written comments on this action to the § 679.20(d)(1)(iii). pursuant to the authority set forth at 5 above address until April 10, 2018. As of March 21, 2018, NMFS has U.S.C. 553(b)(B) and § 679.25(c)(1)(ii) as This action is required by §§ 679.20 determined that approximately 4,800 such requirement is impracticable and and 679.25 and is exempt from review metric tons of northern rockfish initial contrary to the public interest. This under Executive Order 12866. TAC remains unharvested in the BSAI. requirement is impracticable and Authority: 16 U.S.C. 1801 et seq. Therefore, in accordance with contrary to the public interest as it § 679.25(a)(1)(i), (a)(2)(i)(C), and would prevent NMFS from responding Dated: March 26, 2018. (a)(2)(iii)(D), and to fully utilize the to the most recent fisheries data in a Jennifer M. Wallace, 2018 TAC of northern rockfish in the timely fashion and would delay the Acting Director, Office of Sustainable BSAI, NMFS is terminating the previous opening of northern rockfish in the Fisheries, National Marine Fisheries Service. closure and is opening directed fishing BSAI. NMFS was unable to publish a [FR Doc. 2018–06330 Filed 3–26–18; 4:15 pm] for northern rockfish in the BSAI. This notice providing time for public BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4700 Sfmt 9990 E:\FR\FM\29MRR1.SGM 29MRR1 rmajette on DSKBCKNHB2PROD with RULES 13433

Proposed Rules Federal Register Vol. 83, No. 61

Thursday, March 29, 2018

This section of the FEDERAL REGISTER may be viewed at http:// pummelo fruit into the continental contains notices to the public of the proposed www.regulations.gov/ United States from Thailand. issuance of rules and regulations. The #!docketDetail;D=APHIS–2016–0034 or The PRA identifies 21 actionable purpose of these notices is to give interested in our reading room, which is located in pests that could be introduced into the persons an opportunity to participate in the Room 1141 of the USDA South United States in consignments of fresh rule making prior to the adoption of the final rules. Building, 14th Street and Independence pummelo fruit from Thailand. The pests Avenue SW, Washington, DC. Normal listed in the PRA are as follows: reading room hours are 8 a.m. to 4:30 • Bactrocera correcta Bezzi, guava DEPARTMENT OF AGRICULTURE p.m., Monday through Friday, except fruit fly; holidays. To be sure someone is there to • Bactrocera cucurbitae Coquillett, Animal and Plant Health Inspection help you, please call (202) 799–7039 melon fruit fly; Service before coming. • Bactrocera dorsalis Hendel, oriental FOR FURTHER INFORMATION CONTACT: fruit fly; Ms. • 7 CFR Part 319 Claudia A. Ferguson, MS, Senior Bactrocera papayae Drew & Hancock, Asian papaya fruit fly; [Docket No. APHIS–2016–0034] Regulatory Policy Coordinator, Imports, • Regulations, and Manuals, Regulatory Bactrocera tau Walker, a complex RIN 0579–AE33 of fruit flies; Coordination and Compliance, PPQ, • APHIS, 4700 River Road, Unit 133, Ceroplastes rubens Maskell, pink Importation of Pummelo From Thailand Riverdale, MD 20737–1236; (301) 851– wax scale; Into the Continental United States • 2352. Citripestis sagittiferella Moore, citrus fruit borer; AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: • Eotetranychus cendanai Rimando, Inspection Service, USDA. Background citrus yellow mite; ACTION: Proposed rule. • Monacrostichus citricola Bezzi, a Under the regulations in ‘‘Subpart– fruit fly; SUMMARY: We are proposing to amend Fruits and Vegetables’’ (7 CFR 319.56– • the regulations to allow the importation Nipaecoccus viridis Newstead, 1 through 319.56–82, referred to below spherical mealybug; of fresh pummelo fruit from Thailand as the regulations), the Animal and • into the continental United States. As a Paradrosophila punctipennis Duda, Plant Health Inspection Service (APHIS) a fruit fly; condition of entry, fresh pummelo fruit of the United States Department of • from Thailand would be subject to a Phyllosticta citriasiana Wulandari, Agriculture (USDA) prohibits or Crous & Gruyter, the causal agent for systems approach that would include restricts the importation of fruits and irradiation treatment, packinghouse citrus tan spot; vegetables into the United States from • Phyllosticta citricarpa, the causal processing requirements, and port of certain parts of the world to prevent the entry inspection. The fruit would also agent for citrus black spot; introduction and dissemination of plant • Planococcus lilacinus Cockerell, be required to be imported in pests. commercial consignments and be cacao mealybug; The regulations currently do not • ` accompanied by a phytosanitary Prays citri Milliere, citrus flower authorize the importation of fresh certificate issued by the national plant moth; pummelo fruit (Citrus maxima (Berm.) • protection organization of Thailand. Prays endocarpa Meyrick, citrus Merr.) from Thailand. The national This action would allow for the pock caterpillar; plant protection organization (NPPO) of • importation of fresh pummelo fruit from Pseudococcus cryptus Hempel, Thailand has requested that APHIS Thailand while continuing to provide citriculus mealybug; amend the regulations to allow the • protection against the introduction of Rastrococcus spinosus Robinson, importation of commercially produced plant pests into the continental United Philippine mango mealybug; fresh pummelo fruit from Thailand into • States. Rastrococcus tropicasiaticus the continental United States. In Williams, a mealybug; DATES: We will consider all comments evaluating Thailand’s request, we • Schizotetranychus baltazari that we receive on or before May 29, prepared a pest risk assessment (PRA) Rimando, Bamboo spider mite; and 2018. and a risk management document • Xanthomonas citri Gabriel et al. ADDRESSES: You may submit comments (RMD). Copies of the PRA and the RMD (XCC), the causal agent for citrus canker. by either of the following methods: may be obtained from the person listed Based on the findings of the PRA, • Federal eRulemaking Portal: Go to under FOR FURTHER INFORMATION APHIS has determined that measures http://www.regulations.gov/ CONTACT or viewed on the beyond standard port of entry #!docketDetail;D=APHIS-2016-0034. Regulations.gov website (see ADDRESSES inspection are required to mitigate the • Postal Mail/Commercial Delivery: above for instructions for accessing risks posed by these pests. These Send your comment to Docket No. Regulations.gov). measures are identified in the RMD and APHIS–2016–0034, Regulatory Analysis The PRA, titled ‘‘Importation of Fruit are used as the basis for the and Development, PPD, APHIS, Station of Pummelo, Citrus maxima (Burm.) requirements included in this proposed 3A–03.8, 4700 River Road, Unit 118, Merr., from Thailand into the rule. We are therefore proposing to Riverdale, MD 20737–1238. Continental United States’’ (December allow the importation of fresh pummelo Supporting documents and any 2017) analyzes the potential pest risk fruit from Thailand into the continental comments we receive on this docket associated with the importation of fresh United States if it is produced and

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13434 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

shipped in accordance with the systems all other relevant treatment therefore, has not been reviewed by the approach as described below. The requirements in part 305. Office of Management and Budget. This requirements of the systems approach proposed rule is not expected to be an Packinghouse Procedures would be added to the regulations as a Executive Order 13771 regulatory action new § 319.56–83. Those plant pests associated with the because this proposed rule is not importation pathway for fresh pummelo significant under Executive Order Commercial Consignments fruit from Thailand that are non-Insecta 12866. Only commercial consignments of (XCC, P. citriasiana, and P. citricarpa), In accordance with 5 U.S.C. 603, we fresh pummelo fruit from Thailand Insecta but not neutralized by have performed an initial regulatory would be accepted for import into the irradiation (E. cendanai and S. flexibility analysis, which is continental United States. Produce baltazari), and the pupae and adult summarized below, regarding the grown commercially is less likely to be forms of lepidoptera (C. sagittiferella, P. economic effects of this proposed rule infested with plant pests than citri, and P. endocarpa), require the on small entities. Copies of the full noncommercial consignments. application of additional mitigations. analysis are available by contacting the Noncommercial consignments are more Prior to packing, the fresh pummelo person listed under FOR FURTHER prone to infestations because the fruit would have to be washed, brushed, INFORMATION CONTACT or on the commodity is often ripe to overripe, and disinfested. The fresh pummelo Regulations.gov website (see ADDRESSES could be of a variety with unknown fruit would also be required to be above for instructions for accessing susceptibility to pests, or is grown with submerged in a surfactant, treated for Regulations.gov). little or no pest control. Commercial XCC with an APHIS-approved surface Pummelo is a relatively minor citrus consignments, as defined in § 319.56–2, disinfectant, and treated for P. fruit for which there is limited are consignments that an inspector citriasiana and P. citricarpa with an information. There are no official identifies as having been imported for APHIS-approved fungicide. These statistics on the volume or value of sale and distribution. Such packinghouse processing requirements pummelos produced or consumed in the identification is based on a variety of will ensure that all pests of concern not United States. Agricultural statistics for indicators, including, but not limited to: mitigated by irradiation are removed California report that the area planted in Quantity of produce, type of packing, from the importation pathway. pummelo and hybrid groves in 2016 totaled 1,587 acres. California identification of grower or packinghouse Phytosanitary Certificate on the packaging, and documents production that year totaled 540,000 consigning the fruits or vegetables to a A phytosanitary certificate issued by boxes, or about 19,595 metric tons, and wholesaler or retailer. the NPPO of Thailand would have to had a farm gate value of $9.04 million. accompany each consignment of fresh The expected volume of imports from Treatments pummelo fruit. If the fresh pummelo Thailand would be the equivalent of Under this proposed rule, fresh fruit was irradiated in Thailand, the about 1 percent of California’s pummelo pummelo fruit from Thailand would be fresh pummelo fruit would have to be production. Unofficially, there are about required to be treated with a minimum jointly inspected by APHIS and the 100 pummelo growers in California. The absorbed irradiation dose of 400 Gy in NPPO of Thailand, and the majority of these producers likely accordance with § 305.9 of the phytosanitary certificate would have to operate as small entities, given that this phytosanitary treatment regulations in 7 contain additional declarations attesting is true for producers of citrus fruit CFR part 305. This is the established to this joint inspection and to the generally. generic dose for all insect pests except irradiation of the fresh pummelo fruit in Information on pummelo production pupae and adults of the order Thailand. If the fresh pummelo fruit in Arizona, Florida, or Texas is not Lepidoptera. will be irradiated upon arrival in the available. U.S. import and export data specific to pummelo are also not While it is true that three of the United States, these additional available because pummelo is grouped quarantine pests associated with fresh declarations would not be needed. with grapefruit in Department of pummelo fruit from Thailand are The phytosanitary certificate ensures Commerce trade statistics (Harmonized Lepidopteran, irradiation in conjunction the fresh pummelo fruit was inspected by the NPPO of Thailand, and certifies Tariff Schedule 080540). with other mitigations against Based on the information we have, Lepidopteran pests, can provide that the fresh pummelo fruit meets our requirements for export to the there is no reason to conclude that phytosanitary protection for several adoption of this proposed rule would reasons: continental United States. Additional declarations provide assurances result in any significant economic effect • While the treatment is not lethal to regarding joint inspection and proper on a substantial number of small pupae and adults of the order administration of irradiation treatment. entities. However, we do not currently Lepidoptera, it is lethal to larvae. Larvae have all of the data necessary for a are of greatest phytosanitary concern Port of Entry Inspection comprehensive analysis of the effects of given that they are internal feeders and Shipments of fresh pummelo fruit this proposed rule on small entities. may therefore be overlooked upon from Thailand would be subject to Therefore, we are inviting comments on inspection. inspection at the port of entry. This will potential effects. In particular, we are • Irradiation tends to prevent normal provide an additional layer of interested in determining the number adult emergence from the pupal stage. phytosanitary protection in order to and kind of small entities that may • Irradiation also causes sterility in prevent the dissemination of plant pests incur benefits or costs from the pupae and emerged adults, preventing into the continental United States. implementation of this proposed rule. further larval reproduction. Moreover, pupae and adult Lepidoptera are Executive Orders 12866 and 13771 and Executive Order 12988 unlikely to be associated with fresh Regulatory Flexibility Act This proposed rule would allow fresh pummelo fruit. This proposed rule has been pummelo fruit to be imported into the The shipments of fresh pummelo fruit determined to be not significant for the continental United States from Thailand from Thailand would also have to meet purposes of Executive Order 12866 and, under a systems approach. If this

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13435

proposed rule is adopted, State and (1) Evaluate whether the proposed Collection Coordinator, at (301) 851– local laws and regulations regarding information collection is necessary for 2483. fresh pummelo fruit imported under the proper performance of our agency’s Lists of Subjects in 7 CFR Part 319 this rule would be preempted while the functions, including whether the fruit is in foreign commerce. Fresh fruits information will have practical utility; Coffee, Cotton, Fruits, Imports, Logs, are generally imported for immediate (2) Evaluate the accuracy of our Nursery stock, Plant diseases and pests, distribution and sale to the consuming estimate of the burden of the proposed Quarantine, Reporting and public and would remain in foreign information collection, including the recordkeeping requirements, Rice, commerce until sold to the ultimate validity of the methodology and Vegetables. consumer. The question of when foreign assumptions used; Accordingly, we are proposing to commerce ceases in other cases must be (3) Enhance the quality, utility, and amend 7 CFR part 319 as follows: addressed on a case-by-case basis. If this clarity of the information to be proposed rule is adopted, no retroactive collected; and PART 319—FOREIGN QUARANTINE effect will be given to this rule, and this (4) Minimize the burden of the NOTICES rule will not require administrative information collection on those who are ■ 1. The authority citation for part 319 proceedings before parties may file suit to respond (such as through the use of continues to read as follows: in court challenging this rule. appropriate automated, electronic, Authority: 7 U.S.C. 450, 7701–7772, and Paperwork Reduction Act mechanical, or other technological collection techniques or other forms of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. In accordance with section 3507(d) of information technology; e.g., permitting the Paperwork Reduction Act of 1995 electronic submission of responses). ■ 2. Section 319.56–83 is added to read (44 U.S.C. 3501 et seq.), reporting and Estimate of burden: Public reporting as follows: recordkeeping requirements included in burden for this collection of information § 319.56–83 Pummelo From Thailand. this proposed rule have been submitted is estimated to average 0.67 hours per Fresh pummelo fruit (Citrus maxima for approval to the Office of response. (Burm.) Merr.) (Rutaceae) may be Management and Budget (OMB). Please Respondents: Foreign businesses and imported into the continental United send comments on the Information the NPPO of Thailand. States from Thailand under the Collection Request (ICR) to OMB’s Estimated annual number of Office of Information and Regulatory following conditions: respondents: 2. (a) Commercial consignments. The Affairs via email to oira_submissions@ Estimated annual number of fresh pummelo fruit must be shipped in omb.eop.gov, Attention: Desk Officer for responses per respondent: 18. commercial consignments only. APHIS, Washington, DC 20503. Please Estimated annual number of (b) Irradiation treatment. The fresh state that your comments refer to Docket responses: 36. pummelo fruit must be treated with No. APHIS–2016–0034. Please send a Estimated total annual burden on irradiation in accordance with part 305 copy of your comments to the USDA respondents: 24 hours. (Due to of this chapter. using one of the methods described averaging, the total annual burden hours (c) Packinghouse procedures. Prior to under ADDRESSES at the beginning of may not equal the product of the annual packing, the fresh pummelo fruit must this document. number of responses multiplied by the be washed, brushed, disinfested, APHIS is proposing to amend the reporting burden per response.) submerged in surfactant, treated for regulations to allow the importation of A copy of the information collection Xanthomonas citri Gabriel et al. with an fresh pummelo fruit from Thailand into may be viewed on the Regulations.gov APHIS-approved surface disinfectant, the continental United States. As a website or in our reading room. (A link and treated for Phyllosticta citriasiana condition of entry, fresh pummelo fruit to Regulations.gov and information on and Phyllosticta citricarpa with an from Thailand would be subject to a the location and hours of the reading APHIS-approved fungicide. systems approach that would include room are provided under the heading (d) Phytosanitary certificate. Each irradiation treatment, packinghouse ADDRESSES at the beginning of this shipment of fresh pummelo fruit must processing requirements, and port of proposed rule.) Copies can also be be accompanied by a phytosanitary entry inspection. The fruit would also obtained from Ms. Kimberly Hardy, certificate issued by the national plant be required to be imported in APHIS’ Information Collection protection organization (NPPO) of commercial consignments and Coordinator, at (301) 851–2483. APHIS Thailand. If the fresh pummelo fruit was accompanied by a phytosanitary will respond to any ICR-related irradiated in Thailand, each certificate issued by the NPPO of comments in the final rule. All consignment of fruit must be inspected Thailand. This action would allow for comments will also become a matter of jointly in Thailand by APHIS and the the importation of fresh pummelo fruit public record. NPPO of Thailand, and the from Thailand while continuing to phytosanitary certificate must contain E-Government Act Compliance provide protection against the an additional declaration attesting to introduction of plant pests into the The Animal and Plant Health irradiation of the fresh pummelo fruit in continental United States. Inspection Service is committed to accordance with part 305 of this Implementing this information compliance with the E-Government Act chapter. If the fresh pummelo fruit will collection will require respondents to to promote the use of the internet and be irradiated upon arrival into the complete phytosanitary certificates and other information technologies, to continental United States, joint port of entry inspections. provide increased opportunities for inspection in Thailand and an We are soliciting comments from the citizen access to Government additional declaration on the public (as well as affected agencies) information and services, and for other phytosanitary certificate are not concerning our proposed information purposes. For information pertinent to required. collection and recordkeeping E-Government Act compliance related (e) Port of entry inspection. requirements. These comments will to this proposed rule, please contact Ms. Consignments of fresh pummelo fruit help us: Kimberly Hardy, APHIS’ Information from Thailand are subject to inspection

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13436 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

at ports of entry in the continental Vale´rie Andre´, 78140 VELIZY– ATR42 and Model ATR72 airplanes. United States. VILLACOUBLAY—FRANCE; phone: The MCAI states: Done in Washington, DC, this 23rd day of +33 (0) 1 46 29 81 00; internet: Occurences were reported of finding March 2018. www.safran-landing-systems.com. You cracked universal joints (U-joints) Part Kevin Shea, may view this service information at the Number (P/N) D56805, P/N D56805–2, P/N D61036 and P/N D62050. Subsequent Administrator, Animal and Plant Health FAA, Transport Standards Branch, 2200 investigation identified a batch of affected U- Inspection Service. South 216th St., Des Moines, WA. For information on the availability of this joints which were subjected to a possible [FR Doc. 2018–06288 Filed 3–28–18; 8:45 am] material at the FAA, call 206–231–3195. non-detected thermal abuse done during the BILLING CODE 3410–34–P grinding process by the U-joint manufacturer Examining the AD Docket in production, or by a maintenance organization during overhaul and/or repair. You may examine the AD docket on DEPARTMENT OF TRANSPORTATION This condition, if not detected and the internet at http:// corrected, could lead to MLG structural www.regulations.gov by searching for failure and subsequent collapse of the MLG, Federal Aviation Administration and locating Docket No. FAA–2018– possibly resulting in damage to the aeroplane 0167; or in person at the Docket and injury to the occupants. 14 CFR Part 39 Management Facility between 9 a.m. To address this potential unsafe condition, SAFRAN Landing Systems (SLS), published [Docket No. FAA–2018–0167; Product and 5 p.m., Monday through Friday, Service Bulletin (SB) 631–32–249 for MLGs Identifier 2017–NM–131–AD] except Federal holidays. The AD docket fitted on ATR42–200, ATR42–300 and contains this NPRM, the regulatory RIN 2120–AA64 ATR42–320; SB 631–32–250 for MLGs fitted evaluation, any comments received, and on ATR42–400 and ATR42–500; and SB 631– Airworthiness Directives; ATR–GIE other information. The street address for 32–251 for MLGs fitted on ATR72 (all Avions de Transport Re´gional the Docket Operations office (telephone models), to provide inspection instructions. For the reasons described above, this Airplanes 800–647–5527) is in the ADDRESSES section. Comments will be available in [EASA] AD requires repetitive detailed visual AGENCY: Federal Aviation the AD docket shortly after receipt. inspections (DVI) of the affected U-joints for Administration (FAA), DOT. cracks, and, depending on findings, FOR FURTHER INFORMATION CONTACT: replacement with a serviceable part [and ACTION: Notice of proposed rulemaking Shahram Daneshmandi, Aerospace provides an optional terminating action]. (NPRM). Engineer, International Section, You may examine the MCAI in the Transport Standards Branch, FAA, 2200 SUMMARY: We propose to adopt a new AD docket on the internet at http:// South 216th St., Des Moines, WA 98198; www.regulations.gov by searching for airworthiness directive (AD) for all telephone and fax 206–231–3220. ATR–GIE Avions de Transport Re´gional and locating Docket No. FAA–2018– SUPPLEMENTARY INFORMATION: Model ATR42 and Model ATR72 0167. airplanes. This proposed AD was Comments Invited Related Service Information Under 1 prompted by reports of cracking in main We invite you to send any written CFR Part 51 landing gear (MLG) universal joints (U- relevant data, views, or arguments about joints). This proposed AD would require Safran Landing Systems has issued this proposed AD. Send your comments repetitive detailed inspections of the Service Bulletin 631–32–249, Revision to an address listed under the affected U-joints for cracks, and 1, dated June 26, 2017; Service Bulletin ADDRESSES section. Include ‘‘Docket No. replacement if necessary. This proposed 631–32–250, Revision 1, dated June 26, FAA–2018–0167; Product Identifier AD would also provide an optional 2017; and Service Bulletin 631–32–251, 2017–NM–131–AD’’ at the beginning of terminating action for the repetitive Revision 1, dated June 26, 2017. The your comments. We specifically invite inspections. We are proposing this AD service information describes comments on the overall regulatory, to address the unsafe condition on these procedures for detailed inspections of economic, environmental, and energy products. the affected U-joints for cracking, and aspects of this NPRM. We will consider replacement if necessary. These DATES: We must receive comments on all comments received by the closing documents are distinct since they apply this proposed AD by May 14, 2018. date and may amend this NPRM based to different airplane models. This ADDRESSES: You may send comments, on those comments. service information is reasonably using the procedures found in 14 CFR We will post all comments we available because the interested parties 11.43 and 11.45, by any of the following receive, without change, to http:// have access to it through their normal methods: www.regulations.gov, including any course of business or by the means • Federal eRulemaking Portal: Go to personal information you provide. We identified in the ADDRESSES section. http://www.regulations.gov. Follow the will also post a report summarizing each instructions for submitting comments. substantive verbal contact we receive FAA’s Determination and Requirements • Fax: 202–493–2251. about this NPRM. of This Proposed AD • Mail: U.S. Department of This product has been approved by Transportation, Docket Operations, M– Discussion the aviation authority of another 30, West Building Ground Floor, Room The European Aviation Safety Agency country, and is approved for operation W12–140, 1200 New Jersey Avenue SE, (EASA), which is the Technical Agent in the United States. Pursuant to our Washington, DC 20590. for the Member States of the European bilateral agreement with the State of • Hand Delivery: Deliver to mail Union, has issued EASA Airworthiness Design Authority, we have been notified address above between 9 a.m. and 5 Directive 2017–0172, dated September of the unsafe condition described in the p.m., Monday through Friday, except 7, 2017 (referred to after this as the MCAI and service information Federal holidays. Mandatory Continuing Airworthiness referenced above. We are proposing this For service information identified in Information, or ‘‘the MCAI’’), to correct AD because we evaluated all pertinent this NPRM, contact Safran Landing an unsafe condition for all ATR–GIE information and determined an unsafe Systems, Inovel Parc Sud-7, rue Ge´ne´ral Avions de Transport Re´gional Model condition exists and is likely to exist or

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13437

develop on other products of these same Costs of Compliance We estimate the following costs to type designs. We estimate that this proposed AD comply with this proposed AD: affects 62 airplanes of U.S. registry.

ESTIMATED COSTS

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

Inspection ...... 1 work-hour × $85 per hour = $85 per in- $0 $85 per inspection cycle ...... $5,270 per inspection cycle. spection cycle.

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

ON-CONDITION COSTS

Cost per Action Labor cost Parts cost product

Replacement ...... 8 work-hours × $85 per hour = $680 ...... $14,083 $14,763

According to the manufacturer, some category airplanes to the Director of the § 39.13 [Amended] of the costs of this proposed AD may be System Oversight Division. ■ 2. The FAA amends § 39.13 by adding covered under warranty, thereby Regulatory Findings the following new airworthiness reducing the cost impact on affected directive (AD): individuals. We do not control warranty We determined that this proposed AD coverage for affected individuals. As a would not have federalism implications ATR–GIE Avions de Transport Re´gional: result, we have included all costs in our under Executive Order 13132. This Docket No. FAA–2018–0167; Product cost estimate. proposed AD would not have a Identifier 2017–NM–131–AD. substantial direct effect on the States, on (a) Comments Due Date Authority for This Rulemaking the relationship between the national We must receive comments by May 14, Title 49 of the United States Code Government and the States, or on the 2018. distribution of power and specifies the FAA’s authority to issue (b) Affected ADs rules on aviation safety. Subtitle I, responsibilities among the various None. section 106, describes the authority of levels of government. For the reasons discussed above, I the FAA Administrator. ‘‘Subtitle VII: (c) Applicability certify this proposed regulation: Aviation Programs,’’ describes in more 1. Is not a ‘‘significant regulatory This AD applies to ATR–GIE Avions de ´ detail the scope of the Agency’s action’’ under Executive Order 12866; Transport Regional Model ATR42–200, –300, authority. 2. Is not a ‘‘significant rule’’ under the –320, and –500 airplanes; and Model ATR72–101, –102, –201, –202, –211, –212, We are issuing this rulemaking under DOT Regulatory Policies and Procedures and –212A airplanes, certificated in any the authority described in ‘‘Subtitle VII, (44 FR 11034, February 26, 1979); category, all manufacturer serial numbers. Part A, Subpart III, Section 44701: 3. Will not affect intrastate aviation in General requirements.’’ Under that Alaska; and (d) Subject section, Congress charges the FAA with 4. Will not have a significant Air Transport Association (ATA) of promoting safe flight of civil aircraft in economic impact, positive or negative, America Code 32, Landing gear. air commerce by prescribing regulations on a substantial number of small entities (e) Reason for practices, methods, and procedures under the criteria of the Regulatory Flexibility Act. This AD was prompted by reports of the Administrator finds necessary for cracking in certain main landing gear (MLG) safety in air commerce. This regulation List of Subjects in 14 CFR Part 39 universal joints (U-joints). We are issuing this is within the scope of that authority Air transportation, Aircraft, Aviation AD to detect and correct cracking in MLG U- because it addresses an unsafe condition joints, which could lead to MLG structural that is likely to exist or develop on safety, Incorporation by reference, failure and subsequent collapse of the MLG, products identified in this rulemaking Safety. possibly resulting in damage to the airplane action. The Proposed Amendment and injury to the occupants. This proposed AD is issued in Accordingly, under the authority (f) Compliance accordance with authority delegated by delegated to me by the Administrator, Comply with this AD within the the Executive Director, Aircraft the FAA proposes to amend 14 CFR part compliance times specified, unless already Certification Service, as authorized by 39 as follows: done. FAA Order 8000.51C. In accordance (g) Definitions with that order, issuance of ADs is PART 39—AIRWORTHINESS DIRECTIVES (1) For the purposes of this AD, an affected normally a function of the Compliance U-joint is any U-joint identified by part and Airworthiness Division, but during ■ 1. The authority citation for part 39 number (P/N) and serial number in the this transition period, the Executive applicable service bulletin specified in Director has delegated the authority to continues to read as follows: paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of issue ADs applicable to transport Authority: 49 U.S.C. 106(g), 40113, 44701. this AD.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13438 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

(i) For Model ATR42–200, –300, and –320 (l) No Reporting Requirement DEPARTMENT OF TRANSPORTATION airplanes: Safran Landing Systems Service Although the Accomplishment Instructions Bulletin 631–32–249, Revision 1, dated June of the service bulletins identified in Federal Aviation Administration 26, 2017. paragraphs (g)(1)(i), (g)(1)(ii), and (g)(1)(iii) of (ii) For Model ATR42–500 airplanes: this AD specify to submit certain information 14 CFR Part 71 Safran Landing Systems Service Bulletin to the manufacturer, this AD does not 631–32–250, Revision 1, dated June 26, 2017. include that requirement. [Docket No. FAA–2018–0137; Airspace (iii) For Model ATR72–101, –102, –201, Docket No. 18–ACE–2] –202, –211, –212, and –212A airplanes: (m) Other FAA AD Provisions Safran Landing Systems Service Bulletin The following provisions also apply to this Proposed Amendment and 631–32–251, Revision 1, dated June 26, 2017. AD: Establishment of Class E Airspace; (2) For the purposes of this AD, a (1) Alternative Methods of Compliance Columbus, NE serviceable part is an affected U-joint, as (AMOCs): The Manager, International defined in paragraph (g)(1) of this AD, Section, Transport Standards Branch, FAA, AGENCY: Federal Aviation released to service by Safran Landing has the authority to approve AMOCs for this Administration (FAA), DOT. Systems, free of defect, with the letter ‘‘V’’ AD, if requested using the procedures found ACTION: Notice of proposed rulemaking added on the part (on the identification plate, in 14 CFR 39.19. In accordance with 14 CFR (NPRM). or in the vicinity of the P/N marking); or a 39.19, send your request to your principal new (never installed) U-joint; or a U-joint inspector or local Flight Standards District SUMMARY: This action proposes to repaired as specified in the applicable Office, as appropriate. If sending information amend Class E airspace designated as a component maintenance manual (CMM) directly to the International Section, send it identified in paragraph (g)(2)(i), (g)(2)(ii), or surface area and remove the Notice to to the attention of the person identified in Airmen (NOTAM) part-time status, (g)(2)(iii). paragraph (n)(2) of this AD. Information may (i) For Model ATR42–200, –300, and –320 be emailed to: 9-ANM-116-AMOC- amend Class E airspace extending airplanes: Safran Landing Systems CMM 32– [email protected]. Before using any upward from 700 feet above the surface, 18–28, Rev. 10 or Safran Landing Systems approved AMOC, notify your appropriate and establish Class E airspace CMM 32–18–30, Rev. 8, both dated June 2, principal inspector, or lacking a principal designated as an extension to the Class 2017. inspector, the manager of the local flight E surface area at Columbus Municipal (ii) For Model ATR42–500 airplanes: standards district office/certificate holding Airport, Columbus, NE. The FAA is Safran Landing Systems CMM 32–18–45, district office. proposing this action at the request of Rev. 5 or Safran Landing Systems CMM 32– (2) Contacting the Manufacturer: For any 18–63, Rev. 6, both dated June 2, 2017. Minneapolis Air Route Traffic Control requirement in this AD to obtain corrective Center (ARTCC) and as the result of an (iii) For Model ATR72–101, –102, –201, actions from a manufacturer, the action must –202, –211, –212, and –212A airplanes: be accomplished using a method approved FAA airspace review. Additionally, the Safran Landing Systems CMM 32–18–34, by the Manager, International Section, geographic coordinates of the airport Rev. 9, dated June 2, 2017. Transport Standards Branch, FAA; or the would be updated to coincide with the (h) Repetitive Inspections European Aviation Safety Agency (EASA); or FAA’s aeronautical database. This ATR–GIE Avions de Transport Re´gional’s action is necessary for the safety and Within 3 months or 500 flight cycles (FC), EASA Design Organization Approval (DOA). management of instrument flight rules whichever occurs first, after the effective date If approved by the DOA, the approval must (IFR) operations at the airport. of this AD, and thereafter at intervals not to include the DOA-authorized signature. exceed 500 FC: Do a detailed inspection for DATES: Comments must be received on damage or cracking of each affected U-joint, (n) Related Information or before May 14, 2018. as identified in paragraph (g)(1) of this AD, (1) Refer to Mandatory Continuing ADDRESSES: Send comments on this in accordance with the Accomplishment Airworthiness Information (MCAI) EASA proposal to the U.S. Department of Instructions of the applicable service bulletin Airworthiness Directive 2017–0172, dated Transportation, Docket Operations, 1200 specified in paragraphs (g)(1)(i), (g)(1)(ii), or September 7, 2017, for related information. New Jersey Avenue SE, West Building (g)(1)(iii) of this AD. This MCAI may be found in the AD docket Ground Floor, Room W12–140, (i) Corrective Action on the internet at http://www.regulations.gov by searching for and locating Docket No. Washington, DC 20590; telephone (202) If, during any inspection required by FAA–2018–0167. 366–9826, or (800) 647–5527. You must paragraph (h) of this AD, any damaged or (2) For more information about this AD, identify FAA Docket No. FAA–2018– cracked U-joint is found, before further flight: contact Shahram Daneshmandi, Aerospace 0137; Airspace Docket No. 18–ACE–2 at Replace the U-joint of the affected MLG with Engineer, International Section, Transport the beginning of your comments. You a serviceable part, as defined in paragraph Standards Branch, FAA, 2200 South 216th (g)(2) of this AD, in accordance with the may also submit comments through the St., Des Moines, WA 98198; telephone and internet at http://www.regulations.gov. Accomplishment Instructions of the fax 206–231–3220. applicable service bulletin specified in (3) For service information identified in You may review the public docket paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this AD, contact Safran Landing Systems, containing the proposal, any comments this AD. Inovel Parc Sud-7, rue Ge´ne´ral Vale´rie received, and any final disposition in (j) Terminating Action Andre´, 78140 VELIZY–VILLACOUBLAY— person in the Dockets Office between FRANCE; phone: +33 (0) 1 46 29 81 00; 9:00 a.m. and 5:00 p.m., Monday Replacement on an airplane of all affected internet: www.safran-landing-systems.com. through Friday, except federal holidays. U-joints, as identified in paragraph (g)(1) of You may view this service information at the this AD, with serviceable parts, as defined in FAA Order 7400.11B, Airspace FAA, Transport Standards Branch, 2200 Designations and Reporting Points, and paragraph (g)(2) of this AD, constitutes South 216th St., Des Moines, WA. For terminating action for the repetitive subsequent amendments can be viewed information on the availability of this inspections required by paragraph (h) of this online at http://www.faa.gov/air_traffic/ material at the FAA, call 206–231–3195. AD for that airplane. publications/. For further information, Issued in Des Moines, Washington, on (k) Parts Installation Limitation you can contact the Airspace Policy March 15, 2018. Group, Federal Aviation As of the effective date of this AD, no Dionne Palermo, person may install, on any airplane, an Administration, 800 Independence Acting Director, System Oversight Division, affected U-joint, as identified in paragraph Avenue SW, Washington, DC 20591; Aircraft Certification Service. (g)(1) of this AD, unless it is a serviceable telephone: (202) 267–8783. The Order is part, as defined in paragraph (g)(2) of this [FR Doc. 2018–06270 Filed 3–28–18; 8:45 am] also available for inspection at the AD. BILLING CODE 4910–13–P National Archives and Records

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13439

Administration (NARA). For will be considered before taking action within 2.4 miles each side of the information on the availability of FAA on the proposed rule. The proposal Columbus VOR/DME 150° radial from Order 7400.11B at NARA, call (202) contained in this notice may be changed the 4.2-mile radius of the airport to 7.0 741–6030, or go to https:// in light of the comments received. A miles southeast of the airport, and www.archives.gov/federal-register/cfr/ report summarizing each substantive within 2.4 miles each side of the ibr-locations.html. public contact with FAA personnel Columbus VOR/DME 309° radial from FAA Order 7400.11, Airspace concerned with this rulemaking will be the 4.2-mile radius of the airport to 7.7 Designations and Reporting Points, is filed in the docket. miles northwest of the airport; and published yearly and effective on Amend Class E airspace extending September 15. Availability of NPRMs upward from 700 feet above the surface FOR FURTHER INFORMATION CONTACT: An electronic copy of this document to within a 6.7-mile radius (reduced Jeffrey Claypool, Federal Aviation may be downloaded through the from a 7.7-mile radius) of Columbus Administration, Operations Support internet at http://www.regulations.gov. Municipal Airport; remove the Group, Central Service Center, 10101 Recently published rulemaking Columbus Municipal ILS Localizer, Hillwood Parkway, Fort Worth, TX documents can also be accessed through Platte Center NDB, and the associated 76177; telephone (817) 222–5711. the FAA’s web page at http:// northwest extension; amend the _ SUPPLEMENTARY INFORMATION: www.faa.gov/air traffic/publications/ extension to the southeast to within 2.4 airspace_amendments/. miles (increased from 1.6 miles) each Authority for This Rulemaking You may review the public docket side of the Columbus VOR/DME 150° The FAA’s authority to issue rules containing the proposal, any comments (previously 157°) radial from the 6.7- regarding aviation safety is found in received, and any final disposition in mile radius to 7.0 miles (decreased from Title 49 of the United States Code. person in the Dockets Office (see the 11 miles) southeast of the airport; add Subtitle I, Section 106 describes the ADDRESSES section for the address and an extension 2.4 miles each side of the authority of the FAA Administrator. phone number) between 9:00 a.m. and Columbus VOR/DME 309° radial Subtitle VII, Aviation Programs, 5:00 p.m., Monday through Friday, extending from the 6.7-mile radius to describes in more detail the scope of the except federal holidays. An informal 7.7 miles northeast of the airport; and agency’s authority. This rulemaking is docket may also be examined during update the geographic coordinates of the promulgated under the authority normal business hours at the Federal airport to coincide with the FAA’s described in Subtitle VII, Part A, Aviation Administration, Air Traffic aeronautical database. Subpart I, Section 40103. Under that Organization, Central Service Center, Airspace reconfiguration is necessary section, the FAA is charged with Operations Support Group, 10101 due to a request from Minneapolis prescribing regulations to assign the use Hillwood Parkway, Fort Worth, TX ARTCC, to bring the airspace into of airspace necessary to ensure the 76177. compliance with FAA Order 7400.2L, safety of aircraft and the efficient use of Procedures for Handling Airspace, and Availability and Summary of airspace. This regulation is within the to support the safety and management of Documents for Incorporation by scope of that authority as it would IFR operations at this airport. amend Class E airspace to support IFR Reference Class E airspace designations are operations at Columbus Municipal This document proposes to amend published in paragraphs 6002, 6004, Airport, Columbus, NE. FAA Order 7400.11B, Airspace and 6005, respectively, of FAA Order Designations and Reporting Points, 7400.11B, dated August 3, 2017, and Comments Invited dated August 3, 2017, and effective effective September 15, 2017, which is Interested parties are invited to September 15, 2017. FAA Order incorporated by reference in 14 CFR participate in this proposed rulemaking 7400.11B is publicly available as listed 71.1. The Class E airspace designations by submitting such written data, views, in the ADDRESSES section of this listed in this document will be or arguments, as they may desire. document. FAA Order 7400.11B lists published subsequently in the Order. Comments that provide the factual basis Class A, B, C, D, and E airspace areas, Regulatory Notices and Analyses supporting the views and suggestions air traffic service routes, and reporting presented are particularly helpful in points. The FAA has determined that this developing reasoned regulatory proposed regulation only involves an decisions on the proposal. Comments The Proposal established body of technical are specifically invited on the overall The FAA is proposing an amendment regulations for which frequent and regulatory, aeronautical, economic, to Title 14 Code of Federal Regulations routine amendments are necessary to environmental, and energy-related (14 CFR) part 71 that would: keep them operationally current, is non- aspects of the proposal. Amend the Class E airspace controversial and unlikely to result in Communications should identify both designated as a surface area within a adverse or negative comments. It, docket numbers and be submitted in 4.2-mile radius (reduced from a 4.7-mile therefore: (1) Is not a ‘‘significant triplicate to the address listed above. radius) at Columbus Municipal Airport, regulatory action’’ under Executive Commenters wishing the FAA to Columbus, NE; remove the Columbus Order 12866; (2) is not a ‘‘significant acknowledge receipt of their comments VOR/DME and the extensions to the rule’’ under DOT Regulatory Policies on this notice must submit with those southeast and northwest of the airport and Procedures (44 FR 11034; February comments a self-addressed, stamped as they are no longer needed to define 26, 1979); and (3) does not warrant postcard on which the following this boundary; remove the NOTAM preparation of a regulatory evaluation as statement is made: ‘‘Comments to part-time language from the airspace the anticipated impact is so minimal. Docket No. FAA–2018–0137; Airspace description; and update the geographic Since this is a routine matter that will Docket No. 18–ACE–2.’’ The postcard coordinates of the airport to coincide only affect air traffic procedures and air will be date/time stamped and returned with the FAA’s aeronautical database; navigation, it is certified that this to the commenter. Establish Class E airspace designated proposed rule, when promulgated, All communications received before as an extension to the Class E surface would not have a significant economic the specified closing date for comments area at Columbus Municipal Airport impact on a substantial number of small

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13440 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

entities under the criteria of the Paragraph 6005 Class E Airspace Areas Room’’), Silver Spring, MD 20993–0002. Regulatory Flexibility Act. Extending Upward From 700 Feet or More Entrance for public workshop Above the Surface of the Earth. participants (non-FDA employees) is Environmental Review * * * * * through Building 1 where routine This proposal will be subject to an ACE NE E5 Columbus, NE [Amended] security check procedures will be environmental analysis in accordance performed. For parking and security Columbus Municipal Airport, NE information, please refer to https:// with FAA Order 1050.1F, (Lat. 41°26′55″ N, long. 97°20′34″ W) ‘‘Environmental Impacts: Policies and Columbus VOR/DME www.fda.gov/AboutFDA/ Procedures’’ prior to any FAA final (Lat. 41°27′00″ N, long. 97°20′27″ W) WorkingatFDA/BuildingsandFacilities/ regulatory action. That airspace extending upward from 700 WhiteOakCampusInformation/ ucm241740.htm. The workshop is free List of Subjects in 14 CFR Part 71 feet above the surface within a 6.7-mile radius of Columbus Municipal Airport and and seating will be on a first-come, first- within 2.4 miles each side of the Columbus served basis. Attendees who do not Airspace, Incorporation by reference, ° Navigation (air). VOR/DME 150 radial extending from the wish to make an oral presentation do 6.7-mile radius to 7.0 miles southeast of the not need to register. The Proposed Amendment airport and within 2.4 miles each side of the You may submit comments as Columbus VOR/DME 309°radial extending follows. Please note that late, untimely Accordingly, pursuant to the from the 6.7-mile radius to 7.7 miles filed comments may not be considered. authority delegated to me, the Federal northwest of the airport. For timely consideration, we request Aviation Administration proposes to Issued in Fort Worth, Texas, on March 21, that electronic comments on workshop amend 14 CFR part 71 as follows: 2018. topics be submitted before or within 90 Christopher L. Southerland, days after each workshop (i.e., PART 71—DESIGNATION OF CLASS A, comments submitted by or before March B, C, D, AND E AIRSPACE AREAS; AIR Acting Manager, Operations Support Group, ATO Central Service Center. 15, 2018, for Workshop I; May 10, 2018, TRAFFIC SERVICE ROUTES; AND for Workshop II; and August 9, 2018, for REPORTING POINTS [FR Doc. 2018–06246 Filed 3–28–18; 8:45 am] BILLING CODE 4910–13–P Workshop III). FDA has one shared docket for all workshops. However, with ■ 1. The authority citation for 14 CFR this notice, the docket number will part 71 continues to read as follows: DEPARTMENT OF HEALTH AND change from FDA–2017–N–0001 to Authority: 49 U.S.C. 106(f), 106(g); 40103, HUMAN SERVICES FDA–2018–N–1214. All comments 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, submitted on the previous docket 1959–1963 Comp., p. 389. Food and Drug Administration number will be transferred to the new § 71.1 [Amended] docket number. The https:// 21 CFR Chapter I www.regulations.gov electronic filing ■ 2. The incorporation by reference in system will accept comments until 14 CFR 71.1 of FAA Order 7400.11B, [Docket No. FDA–2018–N–1214] midnight Eastern Time at the end of Airspace Designations and Reporting August 9, 2018. Comments received by Points, dated August 3, 2017, and Medical Gas Regulation; Public mail/hand delivery/courier (for written/ effective September 15, 2017, is Workshop; Request for Comments paper submissions) will be considered amended as follows: AGENCY: Food and Drug Administration, timely if they are postmarked or the HHS. delivery service acceptance receipt is on or before the relevant date. Paragraph 6002 Class E Airspace Areas ACTION: Request for comments; public Designated as Surface Areas. workshop. Electronic Submissions * * * * * Submit electronic comments in the SUMMARY: The Food and Drug ACE NE E2 Columbus, NE [Amended] Administration (FDA, the Agency, or following way: • Federal eRulemaking Portal: we) is announcing an additional public Columbus Municipal Airport, NE https://www.regulations.gov. Follow the (Lat. 41°26′55″ N, long. 97°20′34″ W) workshop on medical gas regulation instructions for submitting comments. entitled ‘‘Medical Gas Regulation: Within a 4.7 mile radius of Columbus Comments submitted electronically, Municipal Airport. Workshop III.’’ FDA has previously held including attachments, to https:// Paragraph 6004. Class E Airspace Areas two public workshops entitled ‘‘Medical www.regulations.gov will be posted to Designated as an Extension to a Class D or Gas Regulation: Workshop I’’ and the docket unchanged. Because your Class E Surface Area. ‘‘Medical Gas Regulation: Workshop II.’’ comment will be made public, you are * * * * * The topic to be discussed is potential solely responsible for ensuring that your areas of Federal drug regulation that ACE MO E4 Columbus, NE [New] comment does not include any should be revised with respect to Columbus Municipal Airport, NE confidential information that you or a medical gases. (Lat. 41°26′55″ N, long. 97°20′34″ W) third party may not wish to be posted, Columbus VOR/DME DATES: The public workshop will be such as medical information, your or ° ′ ″ ° ′ ″ (Lat. 41 27 00 N, long. 97 20 27 W) held on May 11, 2018, from 9 a.m. to 5 anyone else’s Social Security number, or That airspace extending upward from the p.m. Submit either electronic or written confidential business information, such surface within 2.4 miles each side of the comments on this public workshop by ° as a manufacturing process. Please note Columbus VOR/DME 150 radial extending August 9, 2018. See the SUPPLEMENTARY that if you include your name, contact from the 4.2-mile radius of Columbus INFORMATION section for registration date information, or other information that Municipal Airport to 7.0 miles southeast of and information. the airport, and within 2.4 miles each side of identifies you in the body of your the Columbus VOR/DME 309° radial ADDRESSES: The public workshop will comments, that information will be extending from the 4.2-mile radius of be held at FDA’s White Oak Campus, posted on https://www.regulations.gov. Columbus Municipal Airport to 7.7 miles 10903 New Hampshire Ave., Bldg. 31 • If you want to submit a comment northwest of the airport. Conference Center, Rm. 1503 (the ‘‘Great with confidential information that you

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13441

do not wish to be made available to the Docket: For access to the docket to with section 756 of the Consolidated public, submit the comment as a read background documents or the Appropriations Act of 2017. To conduct written/paper submission and in the electronic and written/paper comments rulemaking as efficiently as possible, manner detailed (see ‘‘Written/Paper received, go to https:// FDA intends to build on the information Submissions’’ and ‘‘Instructions’’). www.regulations.gov and insert the and stakeholder input received since docket number, found in brackets in the FDASIA’s enactment. As noted in more Written/Paper Submissions heading of this document, into the detail below, FDA invites comments Submit written/paper submissions as ‘‘Search’’ box and follow the prompts from stakeholders on specific medical follows: and/or go to the Dockets Management gas issues that could or should be • Mail/Hand delivery/Courier (for Staff, 5630 Fishers Lane, Rm. 1061, addressed in regulation. written/paper submissions): Dockets Rockville, MD 20852. Management Staff (HFA–305), Food and II. Topics for Discussion at the Public FOR FURTHER INFORMATION CONTACT: Drug Administration, 5630 Fishers Workshops Christine Kirk, Center for Drug Lane, Rm. 1061, Rockville, MD 20852. Evaluation and Research, Food and We are holding these workshops to • For written/paper comments Drug Administration, 10903 New provide an opportunity for medical gas submitted to the Dockets Management manufacturers and any other interested Staff, FDA will post your comment, as Hampshire Ave., Silver Spring, MD 20993–0002, 301–796–2465, Fax: 301– members of the public to provide input well as any attachments, except for on potential areas of Federal drug information submitted, marked and 847–8440, email: [email protected]. regulation that should be revised with identified, as confidential, if submitted respect to medical gases. as detailed in ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: We are asking stakeholders to Instructions: All submissions received I. Background comment on existing medical gas issues must include the Docket No. FDA– that, in their view, should be addressed On May 5, 2017, President Trump 2018–N–1214 for ‘‘Medical Gas by regulation change (rather than signed the Consolidated Appropriations Regulation.’’ Received comments, those through other means, such as revisions Act of 2017 (Pub. L. 115–31). Section filed in a timely manner (see to guidance or inspection practices). 756 of the Consolidated Appropriations ADDRESSES), will be placed in the docket Commenters should include concrete Act requires FDA to issue final and, except for those submitted as and specific reasons that rulemaking is regulations revising Federal drug ‘‘Confidential Submissions,’’ publicly preferable to other options. regulations with respect to medical viewable at https://www.regulations.gov Commenters’ views regarding the or at the Dockets Management Staff gases. These public workshops are being prioritization of particular rulemaking between 9 a.m. and 4 p.m., Monday held as part of FDA’s implementation of proposals would also be helpful. As through Friday. the requirements of section 756. noted above, the https:// Since the enactment of the Food and • Confidential Submissions—To www.regulations.gov electronic filing Drug Administration Safety and submit a comment with confidential system will accept comments until Innovation Act (FDASIA) (Pub. L. 112– information that you do not wish to be midnight Eastern Time at the end of 144), FDA has engaged in multiple made publicly available, submit your August 9, 2018. Late comments may not activities related to medical gases, comments only as a written/paper be considered. submission. You should submit two including rulemaking. For example, in During Workshop I (December 2017), copies total. One copy will include the 2016, FDA issued the final rule FDA and workshop participants information you claim to be confidential ‘‘Medical Gas Containers and Closures: discussed the anticipated scope of the with a heading or cover note that states Current Good Manufacturing Practice medical gas rulemaking, as well as three ‘‘THIS DOCUMENT CONTAINS Requirements’’ (81 FR 81685; November regulations to which stakeholders have CONFIDENTIAL INFORMATION.’’ The 18, 2016). Other activities include previously requested changes: Part 201 Agency will review this copy, including FDA’s June 2017 revised draft guidance (21 CFR part 201) (labeling generally the claimed confidential information, in for industry on current good and labeling for medical air its consideration of comments. The manufacturing practice for medical specifically), part 207 (21 CFR part 207) 1 second copy, which will have the gases, updated guidance for FDA (registration and listing), and parts 210 claimed confidential information inspectors regarding medical gases and 211 (21 CFR parts 210 and 211) 2 redacted/blacked out, will be available (March 2015), an extensive review of (current good manufacturing practice). for public viewing and posted on Federal drug regulations related to A stakeholder presentation addressed https://www.regulations.gov. Submit medical gases from 2012 to 2014 (a parts 201, 210, and 211, among other both copies to the Dockets Management report on the review was submitted to things, including initial stakeholder 3 Staff. If you do not wish your name and Congress in 2015), and implementation views on the possibility of having one contact information to be made publicly of FDASIA’s requirements regarding or more separate CFR sections for available, you can provide this certification of medical gases (to date, designated medical gases. FDA also information on the cover sheet and not over 70 certifications have been heard comments on additional in the body of your comments and you granted). regulations and medical gas issues as must identify this information as FDA intends to engage in additional time allowed. ‘‘confidential.’’ Any information marked rulemaking in this area in accordance During Workshop II (February 2018), as ‘‘confidential’’ will not be disclosed FDA and workshop participants 1 Available at: https://www.fda.gov/downloads/ except in accordance with 21 CFR 10.20 Drugs/GuidanceComplianceRegulatoryInformation/ discussed parts 310, 314, and 514 (21 and other applicable disclosure law. For Guidances/ucm070270.pdf. CFR parts 310, 314, and 514) more information about FDA’s posting 2 Available at: https://www.fda.gov/downloads/ (postmarket reporting of adverse drug of comments to public dockets, see 80 ICECI/ComplianceManuals/ experiences, including adverse reactions FR 56469, September 18, 2015, or access ComplianceProgramManual/UCM125417.pdf. and medication errors) and the 3 Available at: https://www.fda.gov/downloads/ the information at: https://www.gpo.gov/ regulatoryinformation/lawsenforcedbyfda/ intersection of regulations for medical fdsys/pkg/FR-2015-09-18/pdf/2015- significantamendmentstothefdcact/fdasia/ gases and regulations for medical 23389.pdf. ucm453727.pdf. devices and animal drugs. A stakeholder

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13442 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

presentation also addressed, among you represent (e.g., industry, consumer that ‘‘bump fire’’ stocks, slide-fire other things, followup information organization) and a brief summary of devices, and devices with certain related to Workshop I topics, including your remarks (including the discussion similar characteristics (bump-stock-type part 207 (registration and listing) and topic(s) that you would like to address). devices) are ‘‘machineguns’’ as defined parts 210 and 211 (current good FDA will try to accommodate all by the National Firearms Act of 1934 manufacturing practice), including the persons who wish to make a (NFA) and the Gun Control Act of 1968 possibility of one or more separate CFR presentation; however, the duration of (GCA), because such devices allow a sections for designated medical gases, as each speaker’s presentation may be shooter of a semiautomatic firearm to well as additional topics including the limited by time constraints. FDA will initiate a continuous firing cycle with a certification process for designated notify registered presenters of their single pull of the trigger. Specifically, medical gases and issues related to the scheduled presentation times. Persons these devices convert an otherwise filling of oxygen containers by registered to speak should check in semiautomatic firearm into a emergency medical service (EMS) before the workshop and are encouraged machinegun by functioning as a self- providers and health care facilities. FDA to arrive early to ensure their designated acting or self-regulating mechanism that also heard comments on additional order of presentation. Participants who harnesses the recoil energy of the regulations and medical gas issues as are not present when called may not be semiautomatic firearm in a manner that time allowed. permitted to speak at a later time. An allows the trigger to reset and continue The Agency has determined that we agenda will be made available at least 3 firing without additional physical will hold a third workshop to hear days before the workshop at https:// manipulation of the trigger by the additional comments from stakeholders www.fda.gov/Drugs/NewsEvents/ shooter. Hence, a semiautomatic firearm regarding the issues discussed at ucm582091.htm. FDA may also post to which a bump-stock-type device is Workshops I and II, as well as any specific questions for consideration at attached is able to produce automatic additional topics related to medical gas the meeting web page; these will be fire with a single pull of the trigger. regulation that stakeholders may wish to made available at least 3 days before the With limited exceptions, primarily as to discuss, as time allows. This workshop workshop at https://www.fda.gov/ government agencies, the GCA makes it is primarily intended to build on the Drugs/NewsEvents/ucm582091.htm. unlawful for any person to transfer or discussion from the previous Streaming Webcast of the Public possess a machinegun unless it was workshops, as well as written comments Workshops: This public workshop will lawfully possessed prior to the effective submitted to the docket. be webcast; the URL will be posted at date of the statute. The bump-stock-type During Workshop III (May 11, 2018), https://www.fda.gov/Drugs/NewsEvents/ devices covered by this proposed rule FDA intends to provide designated ucm582091.htm at least 1 day before the were not in existence prior to the GCA’s panel time for followup discussion of workshop. A video record of the public effective date, and therefore would fall several topics raised at previous workshops will be available at the same within the prohibition on machineguns workshops, and for an open panel to website address for 1 year. If you need if this Notice of Proposed Rulemaking discuss any additional issues related to special accommodations because of a (NPRM) is implemented. Consequently, medical gas regulation that are of disability, please contact current possessors of these devices interest to FDA or other workshop [email protected] would be required to surrender them, participants. The topics for designated (or see FOR FURTHER INFORMATION destroy them, or otherwise render them panel time include further consideration CONTACT) at least 7 days in advance of permanently inoperable upon the of potential changes to: Part 201 the workshop. effective date of the final rule. (labeling); parts 210 and 211 (current good manufacturing practice); part 207 Dated: March 21, 2018. DATES: Written comments must be (registration and listing); and parts 310, Leslie Kux, postmarked and electronic comments 314, and 514 (postmarket reporting of Associate Commissioner for Policy. must be submitted on or before June 27, adverse drug experiences, including [FR Doc. 2018–06251 Filed 3–28–18; 8:45 am] 2018. Commenters should be aware that adverse reactions and medication BILLING CODE 4164–01–P the electronic Federal Docket errors); including the possibility of one Management System will not accept or more separate CFR sections for comments after midnight Eastern designated medical gases. Potential DEPARTMENT OF JUSTICE Daylight Time on the last day of the topics for open panel time include, but comment period. are not limited to: The certification Bureau of Alcohol, Tobacco, Firearms, ADDRESSES: You may submit comments, process for designated medical gases; and Explosives identified by docket number ATF issues related to the filling of oxygen 2017R–22, by any of the following containers by EMS providers and health 27 CFR Parts 447, 478, and 479 methods: • Federal eRulemaking Portal: http:// care facilities; or other topics of interest [Docket No. 2017R–22; AG Order No. 4132– to stakeholders. 2018] www.regulations.gov. Follow the directions for submitting comments. III. Participating in the Public RIN 1140–AA52 • Fax: (202) 648–9741. Workshop • Mail: Vivian Chu, Mailstop 6N–518, Registration and Requests for Oral Bump-Stock-Type Devices Office of Regulatory Affairs, Presentations: If you wish to a make an AGENCY: Bureau of Alcohol, Tobacco, Enforcement Programs and Services, oral presentation, you must register by Firearms, and Explosives (ATF), Bureau of Alcohol, Tobacco, Firearms, submitting your name, title, firm name, Department of Justice. and Explosives, 99 New York Ave. NE, address, telephone, email address, and ACTION: Notice of proposed rulemaking. Washington DC 20226. ATTN: 2017R– Fax number to 22. [email protected] SUMMARY: The Department of Justice Instructions: All submissions received (see FOR FURTHER INFORMATION CONTACT) (Department) proposes to amend the must include the agency name and by May 4, 2018, for Workshop III. Please Bureau of Alcohol, Tobacco, Firearms, docket number for this notice of also indicate the type of organization and Explosives regulations to clarify proposed rulemaking. All properly

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13443

completed comments received will be the receiver well of the device’s pistol- decisions concluding that other bump- posted without change to the Federal grip/handle to assist in guiding and stock-type devices were not eRulemaking portal, http:// regulating the recoil of the firearm when machineguns, including a device www.regulations.gov, including any fired. submitted by the manufacturer of the personal information provided. For These bump-stock-type devices are bump-stock-type devices used in the Las detailed instructions on submitting generally designed to operate with the Vegas shooting. Those decisions did not comments and additional information shooter shouldering the stock of the include extensive legal analysis relating on the rulemaking process, see the device (in essentially the same manner to the definition of ‘‘machinegun.’’ ‘‘Public Participation’’ section of the a shooter would use an unmodified Nonetheless, they indicated that SUPPLEMENTARY INFORMATION section of semiautomatic shoulder stock), semiautomatic firearms modified with this document. maintaining constant forward pressure these bump-stock-type devices did not FOR FURTHER INFORMATION CONTACT: with the non-trigger hand on the barrel- fire ‘‘automatically,’’ and were thus not Vivian Chu, Office of Regulatory Affairs, shroud or fore-grip of the rifle, and ‘‘machineguns,’’ because the devices did Enforcement Programs Services, Bureau maintaining the trigger finger on the not rely on internal springs or similar of Alcohol, Tobacco, Firearms, and device’s extension ledge with constant mechanical parts to channel recoil Explosives, U.S. Department of Justice, rearward pressure. The device itself energy. ATF has now determined that 99 New York Ave. NE, Washington DC then harnesses the recoil energy of the that conclusion does not reflect the best 20226; telephone: (202) 648–7070. firearm, providing the primary impetus interpretation of the term ‘‘machinegun’’ for automatic fire. under the GCA and NFA. In this SUPPLEMENTARY INFORMATION: On In general, bump-stock-type devices— October 1, 2017, a shooter attacked a proposed rule, the Department including those currently on the market accordingly interprets the definition of large crowd attending an outdoor with the characteristics described concert in Las Vegas, Nevada. By using ‘‘machinegun’’ to clarify that all bump- above—are designed to channel recoil stock-type devices are ‘‘machineguns’’ several AR-type rifles with attached energy to increase the rate of fire of bump-stock-type devices, the shooter under the GCA and NFA because they semiautomatic firearms from a single convert a semiautomatic firearm into a was able to fire several hundred rounds trigger pull. Specifically, they are of ammunition in a short period of time, firearm that shoots automatically more designed to allow the shooter to than one shot, without manual killing 58 people and injuring over 800. maintain a continuous firing cycle after The bump-stock-type devices recovered reloading, by a single function of the a single pull of the trigger by directing trigger. from the hotel room from which the the recoil energy of the discharged shooter conducted the attack included rounds into the space created by the I. Background two distinct, but functionally sliding stock (approximately 1.5 inches) The Attorney General is responsible equivalent, model variations from the in constrained linear rearward and same manufacturer. These devices were for enforcing the GCA, as amended, and forward paths. Ordinarily, to operate a 1 readily available in the commercial the NFA, as amended. This includes semiautomatic firearm, the shooter must the authority to promulgate regulations marketplace through online sales repeatedly pull and release the trigger to directly from the manufacturer, and necessary to enforce the provisions of allow it to reset, so that only one shot the GCA and NFA. See 18 U.S.C. 926(a); through multiple retailers. The is fired with each pull of the trigger. manufacturer of these devices is the 26 U.S.C. 7801(a)(2)(ii), 7805(a). The When a bump-stock-type device is Attorney General has delegated the primary manufacturer and seller of affixed to a semiautomatic firearm, bump-stock-type devices; it has responsibility for administering and however, the device harnesses the recoil enforcing the GCA and NFA to the obtained multiple patents for its energy to slide the firearm back and Director of ATF, subject to the direction designs, and has rigorously enforced the forth so that the trigger automatically re- of the Attorney General and the Deputy patents to prevent competitors from engages by ‘‘bumping’’ the shooter’s Attorney General. See 28 CFR infringing them. Consequently, at the stationary trigger finger without 0.130(a)(1)–(2). The Department and time of the attack, very few competing additional physical manipulation of the ATF have promulgated regulations bump-stock-type devices were available trigger by the shooter. The bump-stock- implementing both the GCA and the in the marketplace. type device functions as a self-acting NFA. See 27 CFR pts. 478, 479. In The devices used in Las Vegas and the and self-regulating force that channels particular, while still part of the other bump-stock-type devices currently the firearm’s recoil energy in a Department of the Treasury, ATF for available on the market all utilize continuous back-and-forth cycle that essentially the same functional design. allows the shooter to attain continuous decades promulgated rules governing They are designed to be affixed to a firing after a single pull of the trigger so ‘‘the procedural and substantive semiautomatic long gun (most long as the trigger finger remains requirements relative to the importation, commonly an AR-type rifle or an AK- stationary on the device’s extension manufacture, making, exportation, type rifle) in place of a standard, ledge (as designed). No further physical identification and registration of, and stationary rifle stock, for the express manipulation of the trigger by the the dealing in, machine guns.’’ 27 CFR purpose of allowing ‘‘rapid fire’’ shooter is required. 479.1; see, e.g., United States v. Dodson, operation of the semiautomatic firearm In 2006, ATF concluded that certain 519 F. App’x 344, 348–49 & n.4 (6th Cir. to which they are affixed. They are bump-stock-type devices qualified as 2013) (acknowledging ATF’s role in configured with a sliding shoulder stock machineguns under the GCA and NFA. interpreting the NFA’s definition of molded (or otherwise attached) to a Specifically, ATF concluded that 1 NFA provisions still refer to the ‘‘Secretary of pistol-grip/handle (or ‘‘chassis’’) that devices attached to semiautomatic the Treasury.’’ 26 U.S.C. ch. 53. However, the includes an extension ledge (or ‘‘finger firearms that use an internal spring to Homeland Security Act of 2002, Pub. L. 107–296, rest’’) on which the shooter places the harness the force of the recoil so that the 116 Stat. 2135 (2002), transferred the functions of trigger finger while shooting the firearm. firearm shoots more than one shot with ATF from the Department of the Treasury to the Department of Justice, under the general authority The devices also generally include a a single pull of the trigger are of the Attorney General. 26 U.S.C. 7801(a)(2); 28 detachable rectangular receiver module machineguns. Between 2008 and 2017, U.S.C. 599A(c)(1). Thus, for ease of reference, this (or ‘‘bearing interface’’) that is placed in however, ATF also issued classification notice refers to the Attorney General.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13444 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

‘‘machinegun’’); F.J. Vollmer Co. v. other devices in the period from 1988 to shooter initiated an automatic firing Higgins, 23 F.3d 448, 449–51 (D.C. Cir. 1990. ATF has observed a significant sequence by pulling the trigger one 1994) (upholding an ATF determination increase in such requests since 2004, time, which in turn caused the rifle to regarding machinegun receivers). Courts often in connection with rifle models recoil within the stock, permitting the have recognized ATF’s leading that were, until 2004, defined as trigger to lose contact with the finger regulatory role with respect to firearms, ‘‘semiautomatic assault weapons’’ and and manually reset. Springs in the including in the specific context of prohibited under the Public Safety and Akins Accelerator then forced the rifle classifying devices as machineguns Recreational Firearms Use Protection forward, forcing the trigger against the under the NFA. See, e.g., York v. Sec’y Act, 18 U.S.C. 921(a)(30) (commonly finger, which caused the weapon to of Treasury, 774 F.2d 417, 419–20 (10th known as the Federal Assault Weapons discharge the ammunition. The recoil Cir. 1985). Ban) (repealed effective Sept. 13, 2004). and the spring-powered device thus The GCA defines ‘‘machinegun’’ by Consistent with ATF’s experience, the caused the firearm to cycle back and referring to the NFA definition,2 which inventor and manufacturer of the bump- forth, impacting the trigger finger, includes ‘‘any weapon which shoots, is stock-type devices used in the Las Vegas which remained rearward in a constant designed to shoot, or can be readily shooting has attributed his innovation of pull without further input by the restored to shoot, automatically more those products specifically to the high shooter while the firearm discharged than one shot, without manual cost of fully automatic firearms. In a multiple shots. The device was reloading, by a single function of the 2011 interview, he stated that he advertised as able to fire approximately trigger.’’ 26 U.S.C. 5845(b). The term developed the original device because 650 rounds per minute. See ATF Ruling ‘‘machinegun’’ also includes the frame he ‘‘couldn’t afford what [he] wanted— 2006–2, at 2. or receiver of any such weapon or any a fully automatic rifle—so . . . [he ATF’s classification of the Akins part, or combination of parts, designed made] something that would work and Accelerator focused on application of and intended for use in converting a 5 be affordable.’’ the ‘‘single function of the trigger’’ weapon into a machinegun, and ‘‘any prong of the statutory definition of combination of parts from which a II. ATF’s Determinations Regarding ‘‘machinegun.’’ In an initial assessment machinegun can be assembled if such Bump-Stock-Type Devices of the Akins Accelerator, ATF parts are in the possession or under the Shooters use bump-stock-type devices concluded that the device did not control of a person.’’ Id. With limited with semiautomatic firearms to qualify as a machinegun because ATF exceptions, the GCA prohibits the accelerate the firearm’s cyclic firing rate interpreted ‘‘single function of the transfer or possession of machineguns to mimic automatic fire. Such devices trigger’’ to mean a single movement of under 18 U.S.C. 922(o).3 are designed principally to increase the In 1986, Congress passed the Firearm the trigger itself. In 2006, however, ATF rate of fire of semiautomatic firearms. undertook a further review of the Akins Owners’ Protection Act (FOPA), Pub. L. These devices replace a rifle’s standard 99–308, 100 Stat. 449, which included Accelerator based on how it actually stock and free the weapon to slide back functioned when sold. ATF determined a provision that effectively froze the and forth rapidly, harnessing the energy number of legally transferrable that the Akins Accelerator was properly from the firearm’s recoil either through classified as a machinegun because the machineguns to those that were a mechanism like an internal spring or registered before May 19, 1986. 18 best interpretation of the phrase ‘‘single in conjunction with the shooter’s function of the trigger’’ was a ‘‘single U.S.C. 922(o). Due to the fixed universe maintenance of pressure (typically pull of the trigger.’’ 6 The Akins of ‘‘pre-1986’’ machineguns that may be constant forward pressure with the non- Accelerator thus qualified as a lawfully transferred by trigger hand on the barrel-shroud or machinegun because ATF determined nongovernmental entities, the value of fore-grip of the rifle, and constant through testing that when the device those machineguns has steadily rearward pressure on the device’s was installed on a semiautomatic rifle increased over time. For example, the extension ledge with the shooter’s (specifically a Ruger Model 10–22), it current average price range for pre-1986 trigger finger). resulted in a weapon that ‘‘[with] a fully automatic versions of AR-type As noted above, ATF has regulated single pull of the trigger initiates an rifles is between $20,000 and $30,000, some of these devices as machineguns. automatic firing cycle that continues while the price range for semiautomatic Other bump-stock-type devices until the finger is released, the weapon versions of these rifles is between $600 currently on the market, however, have malfunctions, or the ammunition supply and $2,500.4 not been regulated by ATF as is exhausted.’’ Akins v. United States, This price premium on automatic machineguns under the GCA or NFA, No. 8:08–cv–988, slip op. at 5 (M.D. Fla. weapons has spurred inventors and and thus have not typically been Sept. 23, 2008) (internal quotation manufacturers to attempt to develop marked with a serial number and other marks omitted). firearms, triggers, and other devices that identification markings. Individuals permit shooters to use semiautomatic therefore may purchase these devices rifles to replicate automatic fire without 6 In classifying the Akins Accelerator, ATF used without undergoing a background check the term ‘‘pull’’ specifically because that was the converting these rifles into or complying with any other federal manner in which the firearm’s trigger was activated ‘‘machineguns’’ under the GCA and regulations applicable to firearms. with the device. For purposes of analyzing firearms NFA. ATF began receiving classification and devices designed for use on firearms, however, requests for such firearms, triggers, and A. ATF’s Interpretation of ‘‘Single the term ‘‘pull’’ is interchangeable with terminology Function of the Trigger’’ describing all trigger activations, including a push or a flip of a switch. See, e.g., United States v. 2 18 U.S.C. 921(a)(23). In 2002, an inventor submitted a Fleischli, 305 F.3d 643, 655–56 (7th Cir. 2002) 3 Regulations implementing the GCA and the device known as the ‘‘Akins (finding that a ‘‘trigger is a mechanism used to NFA spell the term ‘‘machine gun’’ rather than Accelerator’’ to ATF for classification. initiate a firing sequence,’’ and rejecting the ‘‘machinegun.’’ E.g., 27 CFR 478.11, 479.11. For argument that a ‘‘switch’’ could not be a trigger, convenience, this notice uses ‘‘machinegun’’ except To operate the Akins Accelerator, the because such a definition would ‘‘lead to the absurd when quoting a source to the contrary. result of enabling persons to avoid the NFA simply 4 These figures are based on a review of prices 5 Donnie A. Lucas, Firing Up Some Simple by using weapons that employ a button or switch posted on websites maintained by federal firearms Solutions, Albany News (Dec. 22, 2011), http:// mechanism for firing’’ (internal quotation marks licensees on March 1, 2018. www.thealbanynews.net/archives/2443. omitted)).

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13445

In conjunction with its 23, 2008). The United States District B. ATF’s Interpretation of reclassification of the Akins Accelerator, Court for the Middle District of Florida ‘‘Automatically’’ ATF published ATF Ruling 2006–2, rejected the plaintiff’s challenge, Prior ATF rulings concerning bump- ‘‘Classification of Devices Exclusively holding that ATF was within its stock-type devices have not provided Designed to Increase the Rate of Fire of authority to reconsider and change its substantial legal analysis regarding the a Semiautomatic Firearm.’’ The Ruling interpretation of the phrase ‘‘single meaning of the term ‘‘automatically’’ as explained that ATF had received function of the trigger’’ in the NFA’s it is used in the GCA and NFA. requests from ‘‘several members of the statutory definition of machinegun. Id. Moreover, ATF’s prior rulings firearms industry to classify devices that at 14. The court further held that the concerning such devices have applied are exclusively designed to increase the language of the statute and the different understandings of the term rate of fire of a semiautomatic firearm.’’ legislative history supported ATF’s ‘‘automatically.’’ ATF Ruling 2006–2 ATF Ruling 2006–2, at 1. After setting interpretation of the statutory phrase concluded that devices like the Akins forth a detailed description of the ‘‘single function of the trigger’’ as Accelerator initiated an ‘‘automatic’’ components and functionality of the synonymous with a ‘‘single pull of the firing cycle because, once initiated by a Akins Accelerator and devices with trigger.’’ Id. at 11–12. The court single pull of the trigger, ‘‘the automatic similar designs, ATF Ruling 2006–2 concluded that in Ruling 2006–2, ATF determined that the phrase ‘‘single firing cycle continues until the finger is had set forth a ‘‘‘reasoned analysis’’’ for released or the ammunition supply is function of the trigger’’ in the statutory the application of that new definition of ‘‘machinegun’’ was best exhausted.’’ ATF Ruling 2006–2, at 1. interpretation to the Akins Accelerator ATF letter rulings between 2008 and interpreted to mean a ‘‘single pull of the and similar devices, including the need trigger.’’ Id. at 2 (citing National 2017, however, concluded that bump- to ‘‘protect the public from dangerous stock-type devices that enable a Firearms Act: Hearings Before the firearms.’’ Id. at 12. Comm. on Ways and Means, House of semiautomatic firearm to shoot more The United States Court of Appeals than one shot with a single function of Representatives, Second Session on H.R. for the Eleventh Circuit affirmed the 9066, 73rd Cong., at 40 (1934)). ATF the trigger by harnessing a combination district court’s decision, holding that of the recoil and the maintenance of further indicated that it would apply ‘‘[t]he interpretation by the Bureau that this interpretation to its classification of pressure by the shooter do not fire the phrase ‘single function of the trigger’ ‘‘automatically.’’ Some of these rulings devices designed to increase the rate of means a ‘single pull of the trigger’ is fire of semiautomatic firearms. Thus, concluded that such devices were not consonant with the statute and its machineguns because they did not ATF concluded in Ruling 2006–2 that legislative history.’’ Akins v. United devices exclusively designed to increase ‘‘initiate[] an automatic firing cycle that States, 312 F. App’x 197, 200 (11th Cir. continues until either the finger is the rate of fire of semiautomatic firearms 2009) (per curiam). The Eleventh Circuit are machineguns if, ‘‘when activated by released or the ammunition supply is further concluded that ‘‘[b]ased on the exhausted,’’ without further defining the a single pull of the trigger, [such operation of the Accelerator, the Bureau devices] initiate[] an automatic firing term ‘‘automatically.’’ E.g., Letter for had the authority to ‘reconsider and Michael Smith from ATF’s Firearm cycle that continues until either the rectify’ what it considered to be a finger is released or the ammunition Technology Branch Chief (April 2, classification error.’’ Id. 2012). Other rulings instead concluded supply is exhausted.’’ Id. at 3. Finally, In ten letter rulings between 2008 and because the ‘‘single pull of the trigger’’ 2017, ATF assessed other bump-stock- interpretation constituted a change from ATF determined that, after a single pull of the type devices. Like the Akins trigger, the device utilized recoil energy generated ATF’s prior interpretations of the phrase Accelerator, these other bump-stock- from firing a projectile to fire a subsequent ‘‘single function of the trigger,’’ Ruling type devices allowed the shooter to fire projectile. ATF noted that ‘‘a ‘single function of the 2006–2 concluded that ‘‘[t]o the extent trigger’ is a single pull,’’ and that the device utilized more than one shot with a single pull of a ‘‘single function of the trigger’’ because the previous ATF rulings are inconsistent the trigger. As discussed below, with this determination, they are hereby shooter need not release the trigger to fire a however, ATF ultimately concluded subsequent projectile, and instead ‘‘can maintain overruled.’’ Id. that these devices did not qualify as constant pressure through a single function of the Following its reclassification of the trigger.’’ machineguns because, in ATF’s view, Akins Accelerator as a machinegun, On October 7, 2016, ATF issued a classification they did not ‘‘automatically’’ shoot more ATF determined that removal and letter regarding two devices described as ‘‘LV–15 than one shot with a single pull of the Trigger Reset Devices.’’ The devices, which were disposal of the internal spring would designed to be used on an AR-type rifle, were render the device a non-machinegun trigger. ATF has also applied the ‘‘single pull of the trigger’’ interpretation to essentially identical in design and function and under the statutory definition. Hence, were submitted by the same requestor (per the ATF advised individuals who had other trigger actuators, two-stage requestor, the second device included ‘‘small triggers, and other devices submitted to improvements that have come as the result of purchased the Akins Accelerator that further development since the original they had the option of removing and ATF for classification. Depending on the method of operation, some such devices submission’’). The devices were each powered by disposing of the internal spring, thereby a rechargeable battery and included the following placing the device outside the were classified to be machineguns that components: a self-contained trigger mechanism classification of machinegun and were required to be registered in the with an electrical connection, a modified two- position semiautomatic AR–15 type selector lever, allowing the purchaser/possessor to National Firearms Registration and 7 a rechargeable battery pack, a grip assembly/trigger retain the device in lieu of destroying or Transfer Record. guard with electrical connections, and a piston that surrendering the device. projects forward through the lower rear portion of The inventor of the Akins Accelerator 7 Examples of recent ATF classification letters the trigger guard and pushes the trigger forward as relying on the ‘‘single pull of the trigger’’ the firearm cycles. ATF held that ‘‘to initiate the filed a complaint against the United interpretation to classify submitted devices as firing . . . a shooter must simply pull the trigger.’’ States in May 2008, challenging the machineguns include the following: It explained that although the mechanism pushed classification of the device as a On April 13, 2015, ATF issued a classification the trigger forward, ‘‘the shooter never releases the machinegun as arbitrary and capricious letter regarding a device characterized as a ‘‘positive trigger. Consistent with [the requestor’s] reset trigger,’’ designed to be used on a explanation, ATF demonstrated that the device under the Administrative Procedure semiautomatic AR-style rifle. The device consisted fired multiple projectiles with a ‘‘single function of Act. Akins v. United States, No. 8:08– of a support/stock, secondary trigger, secondary the trigger’’ because a single pull was all that was cv–988, slip op. at 7–8 (M.D. Fla. Sept. trigger link, pivot toggle, shuttle link, and shuttle. required to initiate and maintain a firing sequence.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13446 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

that these bump-stock-type devices were NPRM is the next step in the process of the legal authority to regulate bump- not machineguns because they lacked promulgating such a rule. stock-type devices. Some of those any ‘‘automatically functioning Consistent with its authority to comments opined that the Department mechanical parts or springs and ‘‘‘reconsider and rectify’’’ potential has the power to regulate bump-stock- perform[ed] no mechanical function[s] classification errors, Akins, 312 F. type devices. Most, however, contended when installed,’’ again without further App’x at 200, ATF has reviewed its that the Department lacks such defining the term ‘‘automatically’’ in original classification determinations for authority, either because only Congress this context. E.g., Letter for David bump-stock-type devices from 2008 to has the authority to regulate bump- Compton from ATF’s Firearm 2017 in light of its interpretation of the stock-type devices or because the Technology Branch Chief (June 7, 2010). relevant statutory language, namely the Second Amendment of the U.S. definition of ‘‘machinegun.’’ These Constitution precludes any federal III. Las Vegas Mass Shooting and bump-stock-type devices are generally regulation of such devices. Requests To Regulate Bump-Stock-Type designed to operate with the shooter The Department disagrees. Congress Devices shouldering the stock of the device (in has granted the Attorney General Following the mass shooting in Las essentially the same manner a shooter authority to issue rules to administer the Vegas on October 1, 2017, ATF has would use an unmodified GCA and NFA, and the Attorney received correspondence from members semiautomatic shoulder stock), General has delegated to ATF the of the United States Senate and the maintaining constant forward pressure authority to administer and enforce United States House of Representatives, with the non-trigger hand on the barrel- those statutes and implementing as well as nongovernmental shroud or fore-grip of the rifle, and regulations. See supra Part I. Because, organizations, requesting that ATF maintaining the trigger finger on the with some exceptions, the possession of examine its past classifications and device’s extension ledge with constant a machinegun is prohibited by the GCA, determine whether bump-stock-type rearward pressure. The device itself the Department is well within its devices currently on the market then harnesses the recoil energy of the authority to issue a rule that further constitute machineguns under the firearm, providing the primary impetus clarifies and interprets the statutory statutory definition. for automatic fire. definition of machinegun. Nor is In response, on December 26, 2017, as ATF has now determined, based on regulation of bump-stock-type devices an initial step in the process of its interpretation of the relevant as machineguns inconsistent with the promulgating a federal regulation statutory language, that these bump- Second Amendment. The Supreme interpreting the definition of stock-type devices, which harness recoil Court in District of Columbia v. Heller, ‘‘machinegun’’ with respect to bump- energy in conjunction with the shooter’s 554 U.S. 570 (2008), noted that the stock-type devices, ATF published an maintenance of pressure, turn legal Second Amendment does not extend to Advance Notice of Proposed semiautomatic firearms into ‘‘‘dangerous and unusual weapons’’’ not Rulemaking (ANPRM) in the Federal machineguns. Specifically, ATF has in ‘‘‘common use.’’’ Id. at 627. Heller Register. Application of the Definition determined that these devices initiate an further observed that it would be of Machinegun to ‘‘Bump Fire’’ Stocks ‘‘automatic[]’’ firing cycle sequence ‘‘by ‘‘startling’’ to conclude ‘‘that the and Other Similar Devices, 82 FR 60929. a single function of the trigger’’ because National Firearms Act’s restrictions on The ANPRM was limited to soliciting the device is the primary impetus for a machineguns . . . might be comments concerning the market for firing sequence that fires more than one unconstitutional.’’ Id. at 624. Since bump-stock-type devices and shot with a single pull of the trigger. 26 Heller, federal courts of appeals have manufacturer and retailer data. Id. at U.S.C. 5845(b). ATF’s classifications of repeatedly held that federal statutes 60930–31. Public comment on the bump-stock-devices between 2008 and prohibiting machineguns comport with ANPRM concluded on January 25, 2018. 2017 did not include extensive legal the Second Amendment. See, e.g., Hollis While ATF received over 115,000 analysis of these terms in concluding v. Lynch, 827 F.3d 436, 451 (5th Cir. comments, the vast majority of these that the bump-stock-type devices at 2016) (upholding federal statute comments were not responsive to the issue were not ‘‘machineguns.’’ The banning possession of machineguns ANPRM. statutory definition of machinegun because they are ‘‘dangerous and On February 20, 2018, President includes bump-stock-type devices— unusual and therefore not in common Trump issued a memorandum to irrespective of whether the devices use’’); accord United States v. Henry, Attorney General Sessions concerning harness recoil energy using a 688 F.3d 637, 640 (9th Cir. 2012); ‘‘bump fire’’ stocks and similar devices. mechanism like an internal spring or in United States v. Marzzarella, 614 F.3d 83 FR 7949. The memorandum noted conjunction with the shooter’s 85, 94–95 (3d Cir. 2010); Hamblen v. that the Department of Justice had maintenance of pressure—because these United States, 591 F.3d 471, 472, 474 already ‘‘started the process of devices enable a semiautomatic firearm (6th Cir. 2009); United States v. Fincher, promulgating a Federal regulation to fire ‘‘automatically more than one 538 F.3d 868, 874 (8th Cir. 2008). No interpreting the definition of shot, without manual reloading, by a court has interpreted Heller as ‘machinegun’ under Federal law to single function of the trigger.’’ Id. This encompassing a constitutional right to clarify whether certain bump stock type proposed rule is the appropriate possess machineguns or machinegun devices should be illegal.’’ Id. at 7949. mechanism for ATF to set forth its conversion devices. The President then directed the analysis for its changed assessment. See Numerous persons commented that Department of Justice, working within Motor Vehicle Mfrs. Ass’n v. State Farm bump-stock-type devices do not fall established legal protocols, ‘‘to dedicate Mut. Auto Ins. Co., 463 U.S. 29, 57 under the statutory definition of all available resources to complete the (1983). ‘‘machinegun because, when attached, review of the comments received [in they do not change the mechanical response to the ANPRM], and, as IV. Advance Notice of Proposed functioning of a semiautomatic firearm, expeditiously as possible, to propose for Rulemaking and still require a separate trigger pull notice and comment a rule banning all Based on ATF’s initial review of the for each fired round.’’ They noted that devices that turn legal weapons into comments it received on the ANPRM, bump firing is a technique, and pointed machineguns.’’ Id. Publication of this the vast majority of comments concern to many other ways in which a shooter

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13447

can increase a firearm’s rate of fire including persons with criminal or added to semiautomatic rifles present without using a bump-stock-type terrorist intentions—and made their the same risk to public safety that device. potential to threaten public safety Congress has already deemed The Department disagrees. The obvious. The proposed regulation aims unacceptable by enacting and amending relevant statutory question is whether a to ameliorate that threat. the GCA (18 U.S.C. 922(o)). Therefore, particular device causes a firearm to Some commenters objected to any the Department proposes to exercise its ‘‘shoot * * * automatically more than regulation of bump-stock-type devices delegated authority to clarify its one shot, without manual reloading, by because, they argued, it will decrease interpretations of the statutory terms a single function of the trigger.’’ 26 innovation in the firearms accessories ‘‘single function of the trigger,’’ U.S.C. 5845(b). Bump firing and other market and result in the loss of ‘‘automatically,’’ and ‘‘machinegun.’’ techniques for increasing the rate of fire manufacturing and associated jobs. do not satisfy this definition because They suggested that the Federal Specifically, the Department proposes to they do not produce an automatic firing Government should prevent the misuse amend 27 CFR 479.11 by defining the sequence with a single pull of the of firearms through other means, such as term ‘‘single function of the trigger’’ to trigger. Instead, bump firing without an by enforcing existing firearms laws, mean ‘‘single pull of the trigger.’’ The assistive device requires the shooter to preventing mentally ill persons from Department further proposes to amend exert pressure with the trigger finger to acquiring weapons, and enacting more these regulations by defining the term re-engage the trigger for each round stringent criminal penalties for those ‘‘automatically’’ to mean ‘‘as the result fired. The bump-stock-type devices who commit crimes with bump-stock- of a self-acting or self-regulating described above, however, satisfy the type devices. However, an important mechanism that allows the firing of definition. ATF’s classification step in the enforcement of existing multiple rounds through a single pull of decisions between 2008 and 2017 did firearms laws is ensuring that ATF’s the trigger.’’ Finally, the Department not reflect the best interpretation of the regulations correctly interpret those proposes to clarify that the definition of term ‘‘automatically’’ as used in the laws. a ‘‘machinegun’’ includes a device that definition of ‘‘machinegun,’’ because This proposed rulemaking will have allows semiautomatic firearms to shoot those decisions focused on the lack of an economic impact, see infra Part VI, more than one shot with a single pull of mechanical parts like internal springs in but the impact will not be widespread, the trigger by harnessing the recoil and the costs associated with this rule the bump-stock-type devices at issue. energy of the semiautomatic firearm to are easily exceeded by the benefits it The bump-stock-type devices at issue in which it is affixed so that the trigger those rulings, however, utilized the will provide for public safety. The resets and continues firing without recoil of the firearm itself to maintain an Department also disagrees that the additional physical manipulation of the automatic firing sequence initiated by a proposed rulemaking will decrease single pull of the trigger. As with the innovation in the firearms accessories trigger by the shooter (commonly known Akins Accelerator, the bump-stock-type market. The fact that more than 65,000 as bump-stock-type devices). devices at issue cause the trigger to industry professionals from the United The interpretation of the phrase ‘‘bump’’ into the finger, so that the States and foreign countries attend the ‘‘single function of the trigger’’ to mean shooter need not pull the trigger annual Shooting, Hunting and Outdoor ‘‘single pull of the trigger’’ reflects repeatedly to expel ammunition. As Trade (SHOT) Show, where many new ATF’s position since 2006, and it is the stated above, ATF previously focused and improved firearms accessories are best interpretation of the statute. The on the trigger itself to interpret ‘‘single introduced, is a clear market signal that Supreme Court in Staples v. United function of the trigger,’’ but adopted a there is strong demand for innovation States, 511 U.S. 600 (1994), indicated better legal and practical interpretation and development of new shooting that a machinegun under the NFA ‘‘fires accessories irrespective of whether the of ‘‘function’’ to encompass the repeatedly with a single pull of the bump-stock-type devices described in shooter’s activation of the trigger by, as trigger.’’ Id. at 602 n.1. This in the case of the Akins Accelerator and this rulemaking are prohibited. interpretation is also consistent with other bump-stock-type devices, a single V. Proposed Rule how the phrase ‘‘single function of the pull that causes the weapon to shoot until the ammunition is exhausted or The regulations in 27 CFR part 479 trigger’’ was understood at the time of the pressure on the trigger is removed. contain the procedural and substantive the NFA’s enactment in 1934. For Because these bump-stock-type devices requirements relative to the importation, instance, in a congressional hearing allow multiple rounds to be fired when manufacturing, making, exportation, leading up to the NFA’s enactment, the the shooter maintains pressure on the identification and registration of, and National Rifle Association’s then- extension ledge of the device, ATF has dealing in machineguns, destructive president testified that a gun ‘‘which is determined that bump-stock-type devices, and certain other firearms and capable of firing more than one shot by devices are machinegun conversion weapons under the NFA. Currently, the a single pull of the trigger, a single devices, and therefore qualify as regulatory definition of ‘‘machine gun’’ function of the trigger, is properly machineguns under the GCA and the in 27 CFR 479.11 matches the statutory regarded, in my opinion, as a machine NFA. See infra Part V. definition of ‘‘machinegun’’ in the NFA gun.’’ National Firearms Act: Hearings Commenters also argued that banning quoted in Part I, above. The definition Before the Committee on Ways and bump-stock-type devices will not includes the terms ‘‘single function of Means, H.R. 9066, 73rd Cong., 2nd significantly impact public safety. the trigger’’ and ‘‘automatically,’’ but Sess., at 40 (1934). Furthermore, and as Again, the Department disagrees. The those terms are not expressly defined in noted above, the Eleventh Circuit the statutory text. Those terms are best shooting in Las Vegas on October 1, concluded that ATF’s interpretation of 2017, highlighted the destructive interpreted, however, to encompass ‘‘single function of the trigger’’ to mean capacity of firearms equipped with firearms equipped with bump-stock- ‘‘single pull of the trigger’’ ‘‘is bump-stock-type devices and the type devices. As discussed above, carnage they can inflict. The shooting bump-stock-type devices like the Akins consonant with the statute and its also made many individuals aware that Accelerator and other devices that legislative history.’’ Akins v. United these devices exist—potentially operate to mimic automatic fire when States, 312 F. App’x 197, 200 (11th Cir.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13448 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

2009). No other court has held the firing sequence without any as those definitions would be amended otherwise.8 additional action by the shooter. This by this rule. Interpreting the term ‘‘automatically’’ definition accordingly requires that the The proposed rule would replace to mean ‘‘as the result of a self-acting or self-acting or self-regulating mechanism prior classifications of bump-stock-type self-regulating mechanism that allows must perform an act that is primarily devices, including devices that ATF the firing of multiple rounds through a responsible for causing the weapon to previously determined were not single pull of the trigger’’ also reflects shoot more than one shot. machineguns. The rule thus would the ordinary meaning of that term at the Finally, it is reasonable to conclude, supplant any prior letter rulings with time of the NFA’s enactment in 1934. based on these interpretations, that the which it is inconsistent so that any The word ‘‘automatically’’ is the term ‘‘machinegun’’ includes a device bump-stock-type device described above adverbial form of ‘‘automatic,’’ meaning that allows a semiautomatic firearm to qualifies as a machinegun. Accordingly, ‘‘[h]aving a self-acting or self-regulating shoot more than one shot with a single manufacturers, current owners, and mechanism that performs a required act pull of the trigger by harnessing the persons wishing to purchase such at a predetermined point in an recoil energy of the semiautomatic devices would be subject to the operation[.]’’ Webster’s New firearm to which it is affixed so that the restrictions imposed by the GCA and International Dictionary 187 (2d ed. trigger resets and continues firing NFA. 1934); see also 1 Oxford English without additional physical The Department has determined that Dictionary 574 (1933) (defining manipulation of the trigger by the there would not be a registration period ‘‘Automatic’’ as ‘‘[s]elf-acting under shooter. When a shooter who has affixed for any device that would be classified conditions fixed for it, going of itself’’). a bump-stock-type device to a as ‘‘machinegun’’ as a result of this Relying on these definitions, the semiautomatic firearm pulls the trigger, rulemaking. The NFA provides that only United States Court of Appeals for the that movement initiates a firing the manufacturer, importer, or maker of Seventh Circuit accordingly interpreted sequence that produces more than one a firearm may register it.9 Accordingly, the term ‘‘automatically’’ as used in the shot. And that firing sequence is there is no means by which the NFA as ‘‘delineat[ing] how the ‘‘automatic’’ because the device possessor may register a firearm discharge of multiple rounds from a harnesses the firearm’s recoil energy in retroactively, including a firearm that weapon occurs: as the result of a self- a continuous back-and-forth cycle that has been reclassified. Further, 18 U.S.C. acting mechanism’’ ‘‘set in motion by a allows the shooter to attain continuous 922(o) prohibits the possession of single function of the trigger and . . . firing after a single pull of the trigger, so machineguns that were not lawfully accomplished without manual long as the trigger finger remains possessed before the effective date of the reloading.’’ United States v. Olofson, stationary on the device’s ledge (as statute. Accordingly, if the final rule is 563 F.3d 652, 658 (7th Cir. 2009). So designed). Accordingly, these devices consistent with this NPRM, current long as the firearm is capable of are included under the definition of possessors of bump-stock-type devices producing multiple rounds with a single machinegun and, therefore, come within will be obligated to dispose of those pull of the trigger for some period of the purview of the NFA. devices. A final rule will provide time, the firearm shoots ‘‘automatically’’ The GCA and its implementing specific information about acceptable irrespective of why the firing sequence regulations in 27 CFR part 478 methods of disposal, as well as the ultimately ends. Id. (‘‘[T]he reason a incorporate the NFA’s definition of timeframe under which disposal must weapon ceased firing is not a matter machinegun. Accordingly, this be accomplished to avoid violating 18 with which § 5845(b) is concerned.’’). proposed rule makes the same U.S.C. 922(o). Olofson thus requires only that the amendments to the definitions of weapon shoot multiple rounds with a VI. Statutory and Executive Order ‘‘single function of the trigger,’’ single function of the trigger ‘‘as the Review ‘‘automatically,’’ and ‘‘machine gun’’ in result of a self-acting mechanism,’’ not 27 CFR 478.11. A. Executive Orders 12866, 13563, and that the self-acting mechanism produce The Arms Export Control Act (AECA), 13771 8 As used in this proposed rule, the term ‘‘pull’’ as amended, does not include the term Executive Orders 13563 (Improving is synonymous with ‘‘push’’ and other terms that ‘‘machinegun’’ in its key provision, 22 Regulation and Regulatory Review) and describe activation of a trigger. The courts have U.S.C. 2778. However, regulations in 27 12866 (Regulatory Planning and made clear that whether a trigger is operated CFR part 447 that implement the AECA Review) direct agencies to assess the through a ‘‘pull,’’ ‘‘push,’’ or some other action such as a flipping a switch, does not change the analysis include a similar definition of costs and benefits of available regulatory of the functionality of a firearm. For example, in ‘‘machinegun,’’ and explain that alternatives and, if regulation is United States v. Fleischli, 305 F.3d at 655–56, the machineguns, submachineguns, necessary, to select regulatory Seventh Circuit rejected the argument that a switch machine pistols, and fully automatic approaches that maximize net benefits did not constitute a trigger for purposes of assessing whether a firearm was a machinegun under the rifles fall within Category I(b) of the U.S. (including potential economic, NFA, because such an interpretation of the statute Munitions Import List when those environmental, public health and safety would lead to ‘‘the absurd result of enabling defense articles are permanently effects, distributive impacts, and persons to avoid the NFA simply by using weapons imported. See 27 CFR 447.11, 447.21. equity). Executive Order 13563 that employ a button or switch mechanism for firing.’’ See also United States v. Camp, 343 F.3d Currently, the definition of emphasizes the importance of 743, 745 (5th Cir. 2003) (‘‘‘To construe ‘‘trigger’’ to ‘‘machinegun’’ in § 447.11 provides that quantifying both costs and benefits, mean only a small lever moved by a finger would ‘‘[a] ‘machinegun’, ‘machine pistol’, reducing costs, harmonizing rules, and be to impute to Congress the intent to restrict the ‘submachinegun’, or ‘automatic rifle’ is promoting flexibility. Executive Order term to apply only to one kind of trigger, albeit a very common kind. The language [in 18 U.S.C. a firearm originally designed to fire, or 13771 (Reducing Regulation and 922(o)] implies no intent to so restrict the capable of being fired fully Controlling Regulatory Costs) directs meaning[.]’’’ (quoting United States v. Jokel, 969 automatically by a single pull of the agencies to reduce regulation and F.2d 132, 135 (5th Cir. 1992) (emphasis removed))). trigger.’’ This proposed rule would control regulatory costs. This proposed Examples of machineguns that operate through a harmonize the AECA’s regulatory trigger activated by a push include the Browning rule is expected to be an E.O. 13771 design, M2 .50 caliber, the Vickers, the Maxim, and definition of ‘‘machinegun’’ with the the M134 hand-fired Minigun. definitions in 27 CFR parts 478 and 479, 9 26 U.S.C. 5841(b); 27 CFR 479.101(b).

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13449

regulatory action. Details on the trigger by harnessing the recoil energy of commercial activity. A negative estimated costs of this proposed rule the semiautomatic firearm to which it is externality can be the byproduct of a can be found in the rule’s economic affixed so that the trigger resets and transaction between two parties that is analysis below. continues firing without additional not accounted for in the transaction. physical manipulation of the trigger by This rule has been designated a This proposed rule is addressing a the shooter. ‘‘significant regulatory action’’ that is negative externality. The negative economically significant under section Need for Federal Regulatory Action externality of the commercial sale of bump-stock-type devices is that they 3(f)(1) of Executive Order 12866. Agencies take regulatory action for could be used for criminal purposes. Accordingly, the rule has been reviewed various reasons. One of the reasons is to by the Office of Management and carry out Congress’s policy decisions, as This poses a public safety issue that the Budget. This proposed rule is intended expressed in statutes. Here, this Department is trying to address. to interpret the definition of rulemaking aims to apply Congress’s Executive Summary ‘‘machinegun’’ within the GCA and policy decision to prohibit NFA such that it includes bump-stock- machineguns. Another reason Table 1 provides a summary of the type devices, i.e., devices that allow a underpinning regulatory action is the affected population and anticipated semiautomatic firearm to shoot more failure of the market to compensate for costs and benefits to promulgating this than one shot with a single pull of the negative externalities caused by rule.

TABLE 1—SUMMARY OF AFFECTED POPULATION, COSTS, AND BENEFITS

Category Affected populations, costs, and benefits

Applicability ...... • Manufacturers of bump-stock-type devices. • Retail sellers of bump-stock-type devices. • Gun owners who own bump-stock-type devices or would have pur- chased them in the future. Affected Population ...... • 2 manufacturers of bump-stock-type devices. • 2,281 retailers of bump-stock-type devices. • Owners and future consumers of bump-stock-type devices. Total Quantified Costs to Industry, Public, and Government (7% Dis- $217.0 million present value over 10 years, $36.3 million annualized. count Rate). Unquantified Costs ...... • Costs of destruction. • Costs of advertising to inform owners of the need to dispose of their bump-stock-type devices. • Lost consumer surplus to users of bump-stock-type devices. Unquantified Benefits ...... • Prevents criminal usage of bump-stock-type devices. • Could reduce casualties in an incident that would have involved a weapon fitted with a bump-stock-type device, as well as assist first responders when responding to incidents.

Affected Population affected population of manufacturers likely to be businesses with an online The populations affected by this rule and retailers is an estimate and based on presence. ATF ran a query on the FFL are manufacturers of bump-stock-type publicly available information and, with database and found that of those that devices, retailers who sell them either in respect to retailers who are also Federal sell firearms to the public, 2,270 have brick-and-mortar stores or online, and firearms licensees (FFLs), is also based websites. Because sellers of firearm individuals who have purchased or on ATF’s records in the Federal accessories do not necessarily sell would have wanted to purchase bump- Firearms Licensing System. firearms, ATF also performed an online stock-type devices. The number of ATF estimates that since 2010, as search and found an additional 11 entities and individuals selling or many as six domestic bump-stock-type retailers who sell firearm accessories, purchasing bump-stock-type devices are device manufacturers have been in the but not firearms. Adding these two as follows: marketplace, but due to patent totals together, ATF estimates that there • 2 manufacturers infringement litigation, only two remain are 2,281 retailers of bump-stock-type • 2,281 retailers in the market. For the estimate of the devices. • An uncertain number of individuals number of retailers, ATF filtered all Because there are no records of who have purchased bump-stock-type FFLs for a list of potential sellers. While individuals who have purchased firearm devices or would have purchased there are approximately 80,000 FFLs accessories, ATF does not have an them in the future currently licensed, only certain types estimated number of individuals who Because many bump-stock-type sell firearms to the public. ATF first would be affected by this proposed rule. devices—including those ATF removed FFLs that do not sell firearms Although ATF lacks data on the number addressed in classification letters to the public. Next, since not all FFLs of individuals who have purchased between 2008 and 2017—have not been sell firearm accessories, ATF needed to bump-stock-type devices, ATF has some subject to regulation under the GCA, estimate the number that do sell information from one manufacturer and ATF does not keep track of accessories. ATF assumed that FFLs that four retailers on the volume of sales of manufacturers or retailers of bump- are likely to sell bump-stock-type such devices. Based on these reported stock-type devices, nor does ATF keep devices would have online websites. amounts, ATF estimates that the track or maintain a database of ATF requests public comment on the number of bump-stock-type devices that individuals who have purchased bump- reasonableness of the assumption that were purchased during the 8-year stock-type devices. Therefore, the retailers of bump-stock-type devices are period beginning in 2010 ranges from

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13450 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

35,000 per year as a low estimate to approximately 35,000 were sold per ATF next developed an estimate of 75,000 per year as the high and primary year.10 However, after 2011, other the number of bump-stock-type devices estimate. ATF used a public manufacturers entered the market and in the United States based on commenter’s 400,000 total estimate as a there is no available information information about the numbers of third estimate. For further information regarding the total number of bump- bump-stock-type devices manufactured. on the methodology of these estimates, stock-type devices manufactured. ATF Based on publicly available information, please review the analysis regarding is using publicly available information ATF estimates that approximately ‘‘Costs’’ below. on manufacturing and combining it with 35,000 bump-stock-type devices were the information on retail sales to 14 Costs sold in 2010. Only in 2012 did other estimate a range of the number of bump- manufacturers enter the marketplace. There are three primary sources of stock-type devices in the marketplace. For the purposes of this RA, ATF costs from this rule. First, for owners of ATF first developed an estimate of the assumes that in the first two years of bump-stock-type devices, there will be a number of bump-stock-type devices in production, the one manufacturer lost value from no longer being able to the marketplace, based on information possess or use the devices. Second, produced the same 35,000 in years 2010 on retail sales provided in response to and 2011. ATF has two sets of there will be a lost value to the ANPRM. One retailer stated that it manufacturers who would have production estimates. Because no sold an average of 4,000 to 5,000 bump- information is otherwise known about manufactured and sold the devices in stock-type devices per year.11 Public the production of bump-stock-type the future and to gun owners who comments indicated that one retailer devices, ATF assumes that the low would have purchased them. Finally, sold 3,800 bump-stock-type devices estimate of annual bump-stock-type there is a disposal cost associated with annually, one sold 60 per year, and one device production is a constant 35,000, the need to destroy the devices or sold approximately 5–10 per year.12 For based on the one data point. As stated render them inactive. the purposes of this regulatory analysis earlier, a public commenter provided an Cost to the Public for Loss of Property (RA), ATF assumes that a large retailer would have sold 4,400, a midrange estimate of 400,000 bump-stock-type As reported by public comments, retailer would have sold 60, and a small devices currently in circulation. To individuals purchase bump-stock-type retailer would have sold 8.13 For the account for how these were purchased devices so that they can simulate purposes of this analysis, ATF assumes over the last 8 years, ATF also assumed automatic firing on a semiautomatic the number of retailers by size are as the same 35,000 production in the first firearm. Commenters noted a variety of follows: 2 years, but spread out the remaining purposes for which bump-stock-type • 4 large * 4,400 annual sales 330,000 over the remaining 6 years, or devices have been advertised and used, • about 55,000 per year. However, including for recreation and fun, 755 midrange * 60 annual sales • 1,511 small * 8 annual sales incorporating the provided retail sales assisting persons with mobility issues in information, ATF developed a third, firing quickly, self-defense, killing The number of large retailers is a known number. As stated in the higher estimate reflecting that when the invasive pig species, and target practice other manufacturers entered the market, (although, as some commenters Affected Population section above, based on ATF’s internal database and the number of bump-stock-type devices observed, bump-stock-type devices sold on the market annually could have impede firing accuracy). If the proposed online research, the remaining number been 75,000. rule became effective, bump-stock-type of retailers is 2,270. For the purposes of devices would be considered this RA, ATF assumed that one-third of The high estimate is ATF’s primary machineguns under the NFA and could the remaining retailer population are estimate because ATF knows that there not be lawfully possessed because the midrange retailers, and the remaining was an increase in production starting GCA prohibits persons from possessing 1,511 are small retailers. Using these in 2012. In 2012, there were other a machinegun unless it was lawfully assumed numbers of retailers and manufacturers who entered the market, possessed before the effective date of the annual sales by size of retailer, ATF and the first manufacturer increased statute. Bump-stock-type devices estimated annual sales of about 75,000 production at some point thereafter. currently possessed by individuals [(4 * 4,400) + (755 * 60) + (1,511 * 8)]. Furthermore, the primary estimate would have to be destroyed or turned in includes information provided by upon implementation of the regulation. 10 Donnie A. Lucas, Firing Up Some Simple retailers as a more comprehensive The lost value from no longer being Solutions, Albany News (Dec. 22, 2011), http:// www.thealbanynews.net/archives/2443. outlook on the overall production able to use or purchase bump-stock-type 11 Based on an internal survey of large retailers. numbers. For the purposes of this devices will depend on the volume of 12 Regulations.gov, Docket ID: ATF–2018–0001– analysis, ATF assumes that both the sales in the market and the value that 27509, https://www.regulations.gov/ increase in production and the market consumers place on the devices. ATF document?D=ATF-2018-0001-27509 (last visited on entry of other manufacturers all has limited information about the Mar. 6, 2018); Regulations.gov, Docket ID: ATF– 2018–0001–0433, https://www.regulations.gov/ occurred in 2012. Table 2 provides the market for bump-stock-type devices. document?D=ATF-2018-0001-0433 (last visited on breakdown of production for the low One commenter estimated that more Mar. 6, 2018); Regulations.gov, Docket ID: ATF– estimate, public comment estimate, and than 400,000 bump-stock-type devices 2018–0001–0128, https://www.regulations.gov/ primary estimate. may have been sold. Based on publicly document?D=ATF-2018-0001-0128 (last visited on Mar. 6, 2018). 14 available information, ATF estimates 13 For a large retailer the average sales were 4,400 Donnie A. Lucas, Firing Up Some Simple that in the first two years that bump- = (3,800 + 5,000)/2. For a small retailer, the average Solutions, Albany News (Dec. 22, 2011), http:// stock-type devices were in the market, sales were 8 = (5 + 10)/2. www.thealbanynews.net/archives/2443.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13451

TABLE 2—NUMBER OF BUMP-STOCK-TYPE DEVICES PRODUCED, BASED ON MANUFACTURER AND RETAIL SALES

Public Year Low comment Primary estimate estimate estimate

2010 ...... 35,000 35,000 35,000 2011 ...... 35,000 35,000 35,000 2012 ...... 35,000 55,000 75,000 2013 ...... 35,000 55,000 75,000 2014 ...... 35,000 55,000 75,000 2015 ...... 35,000 55,000 75,000 2016 ...... 35,000 55,000 75,000 2017 ...... 35,000 55,000 75,000

Total ...... 280,000 400,000 520,000

In other words, the number of bump- from the retail price. On the other hand, stock-type devices was $301.00 during stock-type devices held by the public some consumers would have been the first two years they were sold. In could range from about 280,000 to about willing to pay more than the retail price 2012, at least one other manufacturer 520,000. for a bump-stock-type device, and for entered the market and started selling ATF does not know the production these individuals the devices would their devices at the rate of $99.99, cost of bump-stock-type devices, but for have a higher valuation than the retail making the overall prices for these the purposes of this RA, ATF uses the price. Both of these effects are difficult devices lower.16 For the purposes of this retail sales amounts as a proxy for the to estimate, and here ATF assumes that RA, ATF assumes that the average sale total value of these devices. For devices the retail sales price is a reasonable price for bump-stock-type devices from that have already been sold, there are proxy for the value of the devices. 2012 to 2017 was $200.00. Based on two countervailing effects that affect the The primary manufacturer of bump- these costs, multiplied by the number of value of the devices. There may have stock-type devices sells them at a price bump-stock-type devices in the market, been some depreciation of the devices of $179.95 to $425.95.15 For the Table 3 provides the sales value that the since they were originally purchased, purposes of this RA, ATF estimates that public has spent on these devices over resulting in a value somewhat reduced the average sale price for these bump- the course of the last eight years.

TABLE 3—AMOUNT SPENT ON BUMP-STOCK-TYPE DEVICES (UNDISCOUNTED)

Public Year Low estimate comment Primary estimate estimate

2011 ...... $10,533,250 $10,533,250 $10,533,250 2012 ...... 10,533,250 10,533,250 10,533,250 2013 ...... 7,016,450 11,025,850 15,035,250 2014 ...... 7,016,450 11,025,850 15,035,250 2015 ...... 7,016,450 11,025,850 15,035,250 2016 ...... 7,016,450 11,025,850 15,035,250 2017 ...... 7,016,450 11,025,850 15,035,250

Total ...... 56,148,750 76,195,750 96,242,750

ATF estimates that the total, stock-type devices remained constant 3% and 7% in Table 4 to account for the undiscounted amount spent on bump- over the eight years of sales, these present value of these purchases. stock-type devices was $96.2 million. purchases occurred over time; therefore, While the retail prices of these bump- ATF presents the discounted value at

TABLE 4—THE AMOUNT SPENT PURCHASING BUMP-STOCK-TYPE DEVICES, DISCOUNTED AT 3% AND 7%

Year Undiscounted 3% 7%

2011 ...... $10,533,250 $12,210,924 $14,773,428 2012 ...... 10,533,250 11,855,266 13,806,942 2013 ...... 15,035,250 16,429,424 18,418,828 2014 ...... 15,035,250 15,950,897 17,213,858 2015 ...... 15,035,250 15,486,308 16,087,718 2016 ...... 15,035,250 15,035,250 15,035,250 2017 ...... 15,035,250 14,597,330 14,051,636

15 Slide Fire AR–15 Bump Fire Stocks (archived 16 Bump Fire Systems (archived page on Feb. 21, page on Jan. 28, 2017), https://web.archive.org/web/ 2015), https://web.archive.org/web/ 20170128085532/http://www.slidefire.com/ 20150221050223/http://bumpfiresystems.com/ (last products/ar-platform (last visited Mar. 6, 2018). visited Mar. 6, 2018).

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13452 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

TABLE 4—THE AMOUNT SPENT PURCHASING BUMP-STOCK-TYPE DEVICES, DISCOUNTED AT 3% AND 7%—Continued

Year Undiscounted 3% 7%

Total ...... 96,242,750 101,565,397 109,387,659

Annualized Cost ...... 14,468,640 18,318,906

Because these purchases occurred in rule take effect. In order to do this, ATF unable to account for the future effects the past, ATF’s discount years start at -5 needed to predict the number of devices of these bans in the estimate of the and increase to 0 to account for the that would be sold in the future in the effects of the proposed rule. Executive Order 13771 standard that absence of a rule. Such a prediction Based on previously mentioned costs be presented in 2016 dollars. With should take account of recent expected comments from large retailers, ATF these assumptions, ATF estimates that changes in the demand for and supply expects that, in the absence of this rule, the annualized, discounted amount of bump-stock-type devices. For some retailers would not sell bump- spent on bump-stock-type devices was example, based on a survey, half of the stock-type devices in the future. In order $14.5 million and $18.3 million at 3% known, large former retailers of bump- to estimate the expected future and 7%, respectively. stock-type devices no longer sell bump- reduction in demand for bump-stock- Based on the same discounting stock-type devices as a result of the Las formula, ATF estimates that the total type devices as a result of the Las Vegas Vegas shooting, nor do they intend to shooting, ATF assumes that the undiscounted cost for the low estimate sell them in the future. Moreover, while would be $56.1 million, and the total reduction of sales by large retailers that ATF has estimated the number of bump- has already occurred would be a discounted values would be $60.2 stock-type devices manufactured since million and $66.3 million at 3% and reasonable estimate of the future 2010, ATF is without sufficient reduction of sales overall that would 7%, respectively. The annualized values information to estimate the number of for the low estimates of total number of occur in the absence of the rule. ATF individuals who were interested in estimates that there are four large bump-stock-type devices sold are $8.6 acquiring bump-stock-type devices prior million and $11.1 million at 3% and retailers of bump-stock-type devices, of to the Las Vegas shooting but would no which two have stated that they would 7%, respectively. For the 400,000-unit longer want them due to the shooting. estimate provided by the public no longer sell bump-stock-type devices commenter, the total undiscounted Another recent change affecting regardless of this proposed rule. For the amount would be $76.2 million, and the individuals’ future purchases of bump- purposes of this regulatory analysis, it is total discounted values would be $80.9 stock-type devices is that certain States estimated that each of the two large million and $87.8 million at 3% and have already banned such devices. retailers sell 4,400 bump-stock-type 7%, respectively. The annualized values These States are California, Florida, devices annually. Removing the effects for the 400,000-unit sales estimate are Massachusetts, New Jersey, New York, of these two large retailers from the $11.5 million and $14.7 million at 3% and Washington. The effect of States’ future market reduces ATF’s primary and 7%, respectively. bans on individuals’ future purchases of estimate of 74,988 in past annual bump-stock-type devices should not be production to an estimate of 66,484 Forgone Future Production and Sales attributed to this proposed rule since (75,284 ¥ 8,800) in annual sales that ATF has estimated the lost production these reductions in purchases would would occur in the future in the absence and lost sales that would occur in the happen with or without the rule. of a rule. Table 5 provides the estimated 10 years after the implementation of this However, ATF was unable to quantify breakdown of lost production and sales proposed rule, should this proposed the impact of States’ bans and thus was forgone should this rule become final.

TABLE 5—FORGONE PRODUCTION AND SALES OF FUTURE BUMP-STOCK-TYPE DEVICES

Number of bump- Year stock-type devices Undiscounted 3% 7%

2018 ...... 66,484 $20,008,360 $19,425,592.04 $18,699,401.68 2019 ...... 66,484 20,008,360 18,859,798.10 17,476,076.34 2020 ...... 66,484 20,008,360 18,310,483.59 16,332,781.62 2021 ...... 66,484 20,008,360 17,777,168.53 15,264,281.89 2022 ...... 66,484 20,008,360 17,259,386.92 14,265,684.01 2023 ...... 66,484 20,008,360 16,756,686.33 13,332,414.96 2024 ...... 66,484 20,008,360 16,268,627.51 12,460,200.90 2025 ...... 66,484 20,008,360 15,794,783.99 11,645,047.57 2026 ...... 66,484 20,008,360 15,334,741.74 10,883,222.03 2027 ...... 66,484 20,008,360 14,888,098.77 10,171,235.54

Total ...... 200,083,598 170,675,367.53 140,530,346.56

Annualized Cost ...... 24,313,796.52 23,534,302.70

Based on these estimates, ATF be $200.1 million, undiscounted, or annualized and discounted at 3% and estimates that the undiscounted value of $24.3 million and $23.5 million, 7%. forgone future sales over 10 years would

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13453

Disposal restoration. Since the majority of bump- commenter, assumed to be a large This proposed rule would require the stock-type devices are made of plastic retailer, stated that its gross sales were destruction of existing bump-stock-type material, individuals wishing to destroy $140,000. Another public commenter devices. The cost of disposal would the devices themselves could simply assumed to be a midrange retailer had have several components. For use a hammer to break apart the devices gross sales of $18,000. No known sales individuals who own bump-stock-type and throw the pieces away. Other were reported for a small retailer. Based devices, there would be a cost for the destruction options that ATF has on the proportion of sales among the time and effort to destroy the devices or historically accepted include torch large, midrange, and small retailers, ensure that they are destroyed by cutting or sawing the device in a ATF estimates that the amount in another party. For retailers, wholesalers, manner that removes at least 1⁄4 inch of existing inventory for a midrange and manufacturers, there would be a material for each cut and completely retailer would be $4,500 and, for a small cost of the time and effort to destroy or severs design features critical to the retailer, $74.17 functionality of the device as a bump- ensure the destruction of any devices The retailer, assumed to be large, also held in inventory. Based on the stock-type device. commented that the opportunity cost of response from public comments, it is If a possessor chooses to turn in the time needed to destroy existing not clear if there would also be a cost device to the local ATF office, the cost from the lost value of that inventory. to the public to destroy the device inventory would be approximately Individuals who have purchased would be the cost to drive to the nearest $700. ATF’s subject matter experts bump-stock-type devices prior to the ATF office, the cost of sending through estimate that a retailer could use a implementation of this rule would have the U.S. Mail, or the cost of sending via maintenance crew to destroy existing the option of destroying the devices private shipper. For the purposes of this inventory. To determine the hourly time themselves, turning the devices in to the regulatory analysis, ATF assumes that needed to destroy existing inventory, nearest ATF office for destruction by most individuals disposing of their ATF used the $700 reported amount, ATF or, subject to compliance with U.S. existing bump-stock-type devices would divided by the loaded wage rate of a Mail regulations and the policies of destroy these devices themselves rather building cleaning worker. ATF subject commercial shipment services, sending than turn them into the nearest ATF matter experts also suggest that existing the devices to ATF through the U.S. office through personal delivery, mail, packers would be used for a midrange Mail or other commercial delivery or private shipper. retailer and the minimum wage would service. Options for destroying the Should this rule take effect, public be used for a small retailer. The loaded devices may include melting, crushing, comments suggest that unsellable rate of 1.43 was used to account for or shredding in a manner that renders inventory could be worth approximately fringe benefits.18 Table 6 provides the the device incapable of ready $35,000 per large retailer. One public wages used for this analysis.

TABLE 6—WAGE SERIES TO DESTROY EXISTING INVENTORY

Unloaded Loaded Wage series Series code wage rate wage rate Source

Individual ...... $13.60 $13.60 https://www.transportation.gov/sites/dot.gov/files/ docs/2016%20Revised%20Value%20of%20 Travel%20Time%20Guidance.pdf. Minimum Wage Rate ...... Min Wage ...... 7.25 10.40 https://www.bls.gov/opub/reports/minimum-wage/ 2016/home.htm. Packers, Packagers, and 53–7064 ...... 11.74 16.84 https://www.bls.gov/oes/2016/may/oes537064.htm. Handlers. Retail Salespersons ...... 41–2031 ...... 13.07 18.75 https://www.bls.gov/oes/2016/may/oes412031.htm. Building Cleaning Workers, 37–2019 ...... 14.88 21.34 https://www.bls.gov/oes/2016/may/oes372019.htm. All Other.

Based on the estimated wages and retailer 32.8 hours, a midrange retailer Table 7 provides the per-retailer reported opportunity cost of time, ATF 0.45 hours, and a small retailer 0.25 estimated opportunity cost of time. estimates that it would take a large hours to destroy existing inventory.

TABLE 7—OPPORTUNITY COST OF TIME TO DESTROY EXISTING INVENTORY

Incremental Opportunity Population cost Hourly burden cost of time

Individual ...... $13.60 0.25 $3.40 Retailer (Large) ...... 21.34 32.8 699.95 Retailer (Midrange) ...... 16.84 0.45 7.58 Retailer (Small) ...... 19.51 0.25 4.88

17 Midrange: $4,500 = ($18,000/$140,000) * 18 BLS Series ID CMU2010000000000D, and Salaries = $22.55) = 1.43. BLS average 2016. $35,000. Small: $74 = (8/3,800) * $35,000. CMU2010000000000P (Private Industry U.S. Bureau of Labor Statistics, https://beta.bls.gov/ Compensation = $32.35)/(Private Industry Wages dataQuery/find?fq=survey:[cm]&s=popularity:D.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13454 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

As stated earlier, ATF estimates that TABLE 8—OPPORTUNITY COST OF Therefore, the costs of the rule in 2018 there are 519,927 bump-stock-type TIME TO DESTROY EXISTING DE- would include the total undiscounted devices already purchased by the VICES BY INDIVIDUAL AND RETAILER value of existing stock of bump-stock- public. Based on the opportunity cost of SIZE—Continued type devices in Table 4 ($96.2 million), time per bump-stock-type device, and the year 2018 loss of future production the estimated opportunity cost of time Retailer (Midrange) ...... 5,752 from Table 5 ($20.0 million), and the per retailer, ATF provides the cost to Retailer (Small) ...... 3,947 total cost of disposal from Table 8 ($1.8 destroy all existing bump-stock-type Total Disposal Cost ...... 1,780,498 million). Overall, ATF estimates that the devices in Table 8. total cost of this proposed rule would be $297.2 million over a 10-year period of TABLE 8—OPPORTUNITY COST OF ATF estimates that it would cost a future analysis. This cost includes the TIME TO DESTROY EXISTING DE- total of $1.8 million to destroy all existing bump-stock-type devices. first-year cost to destroy all existing VICES BY INDIVIDUAL AND RETAILER bump-stock-type devices, including We treat all costs of disposal of SIZE unsellable inventory and opportunity existing devices owned by individuals cost of time. Table 9 provides the 10- Individual ...... $1,768,000 or held in inventory by retailers or Retailer (Large) ...... 2,800 manufacturers as if they occur in 2018. year cost of this proposed rule.

TABLE 9—10-YEAR COST OF PROPOSED RULE

Year Undiscounted 3% 7%

2018 ...... $118,031,608 $111,256,111 $103,093,378 2019 ...... 20,008,360 18,310,484 16,332,782 2020 ...... 20,008,360 17,777,169 15,264,282 2021 ...... 20,008,360 17,259,387 14,265,684 2022 ...... 20,008,360 16,756,686 13,332,415 2023 ...... 20,008,360 16,268,628 12,460,201 2024 ...... 20,008,360 15,794,784 11,645,048 2025 ...... 20,008,360 15,334,742 10,883,222 2026 ...... 20,008,360 14,888,099 10,171,236 2027 ...... 20,008,360 14,454,465 9,505,828

Total ...... 298,106,846 258,100,553 216,954,074

Annualized Cost ...... 36,768,073 36,332,813

As stated in the paragraph above, the incidents, because it prevents shooters individuals are capable of doing so, this total undiscounted cost is $297.2 from using a device that allows them to would be their alternative to using million, and the discounted costs would shoot a semiautomatic firearm bump-stock-type devices. be $36.8 million and $36.3 million automatically. No other feasible alternatives were annualized at 3% and 7% respectively. Alternatives identified, and thus none were Government Costs Alternative 1—No change alternative. considered. Government costs are estimated as de This alternative would leave the B. Executive Order 13132 minimis because collection of the bump- regulations in place as they currently stock-type devices by ATF would be an stand. Since there would be no changes This regulation will not have ancillary duty of existing ATF Special to regulations, there would be no cost, substantial direct effects on the States, Agents. savings, or benefits to this alternative. the relationship between the Federal Alternative 2—Patronizing a shooting Government and the States, or the Cost Savings range. Individuals wishing to distribution of power and ATF did not calculate any cost experience the shooting of a ‘‘full-auto’’ responsibilities among the various savings for this proposed rule. firearm could go to a shooting range that levels of government. Therefore, in provides access to lawfully registered Benefits accordance with section 6 of Executive ‘‘pre-1986’’ machineguns to customers, Order 13132 (Federalism), the Attorney As reported by public comments, this where the firearm remains on the General has determined that this proposed rule would affect the criminal premises and under the control of the regulation does not have sufficient use of bump-stock-type devices in mass shooting range. ATF does not have the federalism implications to warrant the shootings, such as the Las Vegas information to determine which, where, preparation of a federalism summary shooting incident. or how many gun ranges provide such impact statement. The purpose of this rule is to amend a service and is therefore not able to ATF regulations to clarify that bump- quantify this alternative. C. Executive Order 12988 stock-type devices are ‘‘machineguns’’ Alternative 3—Opportunity as defined by the NFA and GCA. alternatives. Based on public comments, This regulation meets the applicable Banning bump-stock-type devices could individuals wishing to replicate the standards set forth in sections 3(a) and reduce casualties in an incident effects of bump-stock-type devices 3(b)(2) of Executive Order 12988 (Civil involving a weapon fitted with a bump- could also use rubber bands, belt loops, Justice Reform). stock-type device, as well as assist first or otherwise train their trigger finger to responders when responding to fire more rapidly. To the extent that

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13455

D. Regulatory Flexibility Act (RFA) which may duplicate, overlap or there are two manufacturers affected. Of conflict with the proposed rule; and the known retailers, the large retailers Summary of Findings • Descriptions of any significant do not intend to continue selling bump- ATF performed an Initial Regulatory alternatives to the proposed rule which stock-type devices. There may be some Flexibility Analysis of the impacts on accomplish the stated objectives of small retailers that would intend to small businesses and other entities from applicable statutes and which minimize continue selling these devices should the NPRM. Based on the information any significant economic impact of the this proposed rule not go into effect and from this analysis, ATF found: proposed rule on small entities. would thus be affected by this proposed • It is estimated that of the two The RFA covers a wide range of small rule. Based on the information from this remaining manufacturers, at least one entities. The term ‘‘small entities’’ analysis, ATF found: manufacturer only produces bump- comprises small businesses, not-for- • There are 2,270 retailers who are stock-type devices and therefore could profit organizations that are likely to be small entities; completely go out of business; independently owned and operated and • There are no government • There are 2,281 retailers, of which are not dominant in their fields, and jurisdictions affected by this proposed most are estimated to be small; governmental jurisdictions with rule; and • • There are no relevant government populations of less than 50,000. 5 U.S.C. There are no nonprofits found in entities. 601(3)–(6). ATF determined that the the data. rule affects a variety of large and small A Description of the Projected Initial Regulatory Flexibility Analysis businesses (see the ‘‘Description of the Reporting, Recordkeeping and Other Potential Number of Small Entities’’ The Regulatory Flexibility Act (RFA) Compliance Requirements of the section below). Based on the establishes ‘‘as a principle of regulatory Proposed Rule, Including an Estimate of requirements above, ATF prepared the issuance that agencies shall endeavor, the Classes of Small Entities Which Will following regulatory flexibility analysis consistent with the objectives of the rule Be Subject to the Requirement and the assessing the impact on small entities and of applicable statutes, to fit Type of Professional Skills Necessary from the rule. regulatory and informational for Preparation of the Report or Record requirements to the scale of the A Description of the Reasons Why businesses, organizations, and There are no reporting or Action by the Agency Is Being recordkeeping requirements for this governmental jurisdictions subject to Considered regulation. To achieve this principle, proposed rule. The only relevant agencies are required to solicit and Agencies take regulatory action for compliance requirement consists of consider flexible regulatory proposals various reasons. One of the reasons is to disposing of all existing inventory of and to explain the rationale for their carry out Congress’s policy decisions, as bump-stock-type devices for small actions to assure that such proposals are expressed in statutes. Here, this entities that carry them. There would given serious consideration.’’ Public rulemaking aims to apply Congress’s not be any professional skills necessary Law 96–354, 2(b), 94 Stat. 1164 (1980). policy decision to prohibit to record or report in this proposed Under the RFA, the agency is required machineguns. Another reason rulemaking. to consider if this rule will have a underpinning regulatory action is the failure of the market to compensate for An Identification, to the Extent significant economic impact on a Practicable, of All Relevant Federal substantial number of small entities. negative externalities caused by commercial activity. A negative Rules Which May Duplicate, Overlap or Agencies must perform a review to Conflict With the Proposed Rule determine whether a rule will have such externality can be the byproduct of a This proposed rule does not duplicate an impact. If the agency determines that transaction between two parties that is or conflict with other Federal rules. it will, the agency must prepare a not accounted for in the transaction. regulatory flexibility analysis as This proposed rule is addressing a Descriptions of Any Significant described in the RFA. negative externality. The negative Alternatives to the Proposed Rule externality of the commercial sale of Under the RFA (5 U.S.C. 603(b)–(c)), Which Accomplish the Stated bump-stock-type devices is that it could the regulatory flexibility analysis must Objectives of Applicable Statutes and be used for criminal purposes. This provide and/or address: Which Minimize Any Significant poses a public safety issue, which the • A description of the reasons why Economic Impact of the Proposed Rule Department is trying to address. action by the agency is being on Small Entities considered; A Succinct Statement of the Objectives Alternatives were considered in this • A succinct statement of the of, and Legal Basis for, the Proposed proposed rule. Alternatives include objectives of, and legal basis for, the Rule making no regulatory changes. ATF proposed rule; The Attorney General is responsible rejected this alternative because it does • A description of and, where for enforcing the GCA, as amended, and not address the public safety concerns feasible, an estimate of the number of the NFA, as amended. raised by bump-stock-type devices, and small entities to which the proposed would not be consistent with ATF’s A Description of and, Where Feasible, rule will apply; interpretation of the statutory term an Estimate of the Number of Small • A description of the projected ‘‘machinegun.’’ There were no other Entities To Which the Proposed Rule reporting, recordkeeping and other regulatory alternatives to this proposal Will Apply compliance requirements of the that ATF has been able to identify that proposed rule, including an estimate of This rule would affect primarily would accomplish the intent of this the classes of small entities which will manufacturers of bump-stock-type proposed rule. be subject to the requirement and the devices, FFLs that sell bump-stock-type type of professional skills necessary for devices, and other small retailers of E. Small Business Regulatory preparation of the report or record; firearm accessories that have invested in Enforcement Fairness Act of 1966 • An identification, to the extent the bump-stock-type device industry. This rule is a major rule as defined by practicable, of all relevant Federal rules Based on publicly available information, section 251 of the Small Business

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13456 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

Regulatory Enforcement Fairness Act of cannot be given except as to comments tracking number that regulations.gov 1996, 5 U.S.C. 804. This rule is likely to received on or before the closing date. provides after you have successfully be considered major as it is ATF will not acknowledge receipt of uploaded your comment. economically significant and is comments. • Mail: Send written comments to the address listed in the ADDRESSES section projected to have an effect of over $100 B. Confidentiality million on the economy in at least the of this document. Written comments first year of the rule. ATF will make all comments, whether must appear in minimum 12-point font submitted electronically or on paper, size (.17 inches), include the F. Unfunded Mandates Reform Act of available for public viewing at ATF and commenter’s complete first and last 1995 on the internet as part of the name and full mailing address, be This rule will not result in the eRulemaking initiative, and subject to signed, and may be of any length. expenditure by State, local, and tribal the Freedom of Information Act. • Facsimile: Submit comments by governments, in the aggregate, or by the Commenters who do not want their facsimile transmission to (202) 648– private sector, of $100 million or more name or other personal identifying 9741. Faxed comments must: in any one year, and it will not information posted on the internet (1) Be legible and appear in minimum significantly or uniquely affect small should submit comments by mail or 12-point font size (.17 inches); 1 ″ ″ governments. Therefore, no actions were facsimile, along with a separate cover (2) Be on 8 ⁄2 x 11 paper; deemed necessary under the provisions sheet containing their personal (3) Be signed and contain the of the Unfunded Mandates Reform Act identifying information. Both the cover commenter’s complete first and last of 1995, Public Law 104–4, 109 Stat. 48. sheet and comment must reference this name and full mailing address; and docket number (ATF 2017R–22). (4) Be no more than five pages long. G. Paperwork Reduction Act of 1995 Information contained in the cover sheet D. Request for Hearing This final rule does not impose any will not appear on the internet. ATF new reporting or recordkeeping will not redact personal identifying Any interested person who desires an requirements under the Paperwork information that appears within the opportunity to comment orally at a Reduction Act, 44 U.S.C. 3501–3521. comment, and it will appear on the public hearing should submit his or her internet. request, in writing, to the Director of VII. Public Participation The commenter should not include ATF within the 90-day comment period. A. Comments Sought material that he or she considers The Director, however, reserves the inappropriate for disclosure to the right to determine, in light of all ATF requests comments on the public. Any person submitting a circumstances, whether a public hearing proposed rule from all interested comment shall specifically designate is necessary. persons. ATF specifically requests that portion (if any) of the comment that Disclosure comments on the scope of this proposed contains material that is confidential rule and the definition of under law (e.g., trade secrets, processes). Copies of this notice and the ‘‘machinegun.’’ ATF also requests The commenter shall set forth any comments received will be available at comments on the costs and benefits of portion of a comment that is http://www.regulations.gov (search for the proposed rule and on the confidential under law on pages Docket No. 2017R–22) and for public appropriate methodology and data for separate from the balance of the inspection by appointment during calculating those costs and benefits. comment with each page prominently normal business hours at: ATF Reading Further, ATF requests public comment marked ‘‘confidential’’ at the top of the Room, Room 1E–063, 99 New York Ave. on the reasonableness of the assumption page. NE, Washington, DC 20226; telephone: that retailers of bump-stock-type devices Confidential information will be (202) 648–8740. are likely to be businesses with an included in the rulemaking record but List of Subjects online presence. In addition, ATF will not be disclosed to the public. Any specifically requests comments comments containing material that is 27 CFR Part 447 regarding how ATF should address not confidential under law may be Administrative practice and bump-stock-type devices that private disclosed to the public. In any event, the procedure, Arms and munitions, parties currently possess, and the name of the person submitting a Chemicals, Customs duties and appropriate means of implementing a comment is not exempt from disclosure. inspection, Imports, Penalties, final rule. C. Submitting Comments Reporting and recordkeeping All comments must reference the requirements, Scientific equipment, docket number ATF 2017R–22, be Submit comments in any of three Seizures and forfeitures. legible, and include the commenter’s ways (but do not submit the same complete first and last name and full comments multiple times or by more 27 CFR Part 478 mailing address. ATF will not consider, than one method). Hand-delivered Administrative practice and or respond to, comments that do not comments will not be accepted. procedure, Arms and munitions, meet these requirements or comments • Federal eRulemaking Portal: ATF Customs duties and inspection, Exports, containing profanity. In addition, if ATF strongly recommends that you submit Imports, Intergovernmental relations, cannot read your comment due to your comments to ATF via the Federal Law enforcement officers, Military technical difficulties and cannot contact eRulemaking portal. Visit http:// personnel, Penalties, Reporting and you for clarification, ATF may not be www.regulations.gov and follow the recordkeeping requirements, Research, able to consider your comment. instructions for submitting comments. Seizures and forfeitures, Transportation. ATF will carefully consider all Comments will be posted within a few comments, as appropriate, received on days of being submitted. However, if 27 CFR Part 479 or before the closing date, and will give large volumes of comments are being Administrative practice and comments received after that date the processed simultaneously, your procedure, Arms and munitions, Excise same consideration if it is practical to comment may not be viewable for up to taxes, Exports, Imports, Military do so, but assurance of consideration several weeks. Please keep the comment personnel, Penalties, Reporting and

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13457

recordkeeping requirements, Seizures ■ 4. In § 478.11, amend the definition of Dated: March 23, 2018. and forfeitures, Transportation. ‘‘Machine gun’’ by adding two sentences Jefferson B. Sessions III, at the end of the definition to read as Authority and Issuance Attorney General. follows: [FR Doc. 2018–06292 Filed 3–28–18; 8:45 am] Accordingly, for the reasons BILLING CODE 4410–FY–P discussed in the preamble, 27 CFR parts § 478.11 Meaning of terms. 447, 478, and 479 are proposed to be * * * * * amended as follows: Machine gun. ENVIRONMENTAL PROTECTION PART 447—IMPORTATION OF ARMS, * * * For purposes of this definition, AGENCY the term ‘‘automatically’’ as it modifies AMMUNITION AND IMPLEMENTS OF 40 CFR Part 52 WAR ‘‘shoots, is designed to shoot, or can be readily restored to shoot,’’ means [EPA–R05–OAR–2017–0164; FRL–9976– ■ 1. The authority citation for 27 CFR functioning as the result of a self-acting 14—Region 5] part 447 continues to read as follows: or self-regulating mechanism that allows the firing of multiple rounds through a Air Plan Approval; Ohio; Ohio NSR Authority: 22 U.S.C. 2778, E.O. 13637, 78 PM2.5 Precursors FR 16129 (Mar. 8, 2013). single function of the trigger; and ‘‘single function of the trigger’’ means a AGENCY: Environmental Protection ■ 2. In § 447.11, amend the definition of single pull of the trigger. The term Agency (EPA). ‘‘Machinegun’’ to read as follows: ‘‘machine gun’’ includes bump-stock- type devices, i.e., devices that allow a ACTION: Proposed rule. § 447.11 Meaning of terms. semiautomatic firearm to shoot more * * * * * SUMMARY: The Environmental Protection than one shot with a single pull of the Agency (EPA) is proposing to approve, Machinegun. A ‘‘machinegun’’, trigger by harnessing the recoil energy of under the Clean Air Act (CAA), ‘‘machine pistol’’, ‘‘submachinegun’’, or the semiautomatic firearm to which it is revisions to Ohio’s state implementation ‘‘automatic rifle’’ is a weapon which affixed so that the trigger resets and plan (SIP) as requested by the Ohio shoots, is designed to shoot, or can be continues firing without additional Environmental Protection Agency readily restored to shoot, automatically physical manipulation of the trigger by (OEPA) on March 10, 2017, and more than one shot, without manual the shooter. supplemented on July 18, 2017. The reloading, by a single function of the * * * * * revisions to Ohio’s SIP implement trigger. The term shall also include the certain EPA regulations for particulate frame or receiver of any such weapon, PART 479—MACHINE GUNS, matter smaller than 2.5 micrometers any part designed and intended solely DESTRUCTIVE DEVICES, AND (PM ) for nonattainment areas by and exclusively, or combination of parts 2.5 CERTAIN OTHER FIREARMS establishing definitions related to PM designed and intended, for use in 2.5 and defining PM2.5 precursors. The converting a weapon into a machinegun, ■ 5. The authority citation for 27 CFR revisions also incorporate the findings and any combination of parts from part 479 continues to read as follows: of a comprehensive precursor which a machinegun can be assembled Authority: 26 U.S.C. 7805. demonstration performed by OEPA, if such parts are in the possession or which determined that volatile organic under the control of a person. For ■ 6. In § 479.11, amend the definition of compounds (VOC) and ammonia (NH ) purposes of this definition, the term 3 ‘‘Machine gun’’ by adding two sentences are an insignificant source of PM for ‘‘automatically’’ as it modifies ‘‘shoots, 2.5 at the end of the definition to read as the purpose of new source review in is designed to shoot, or can be readily follows: nonattainment areas in Ohio. restored to shoot,’’ means functioning as the result of a self-acting or self- § 479.11 Meaning of terms. DATES: Comments must be received on regulating mechanism that allows the * * * * * or before April 30, 2018. ADDRESSES: Submit your comments, firing of multiple rounds through a Machine gun. single function of the trigger; and identified by Docket ID No. EPA–R05– ‘‘single function of the trigger’’ means a * * * For purposes of this definition, OAR–2017–0164 at http:// single pull of the trigger. The term the term ‘‘automatically’’ as it modifies www.regulations.gov, or via email to ‘‘machinegun’’ includes bump-stock- ‘‘shoots, is designed to shoot, or can be [email protected]. For type devices, i.e., devices that allow a readily restored to shoot,’’ means comments submitted at Regulations.gov, semiautomatic firearm to shoot more functioning as the result of a self-acting follow the online instructions for than one shot with a single pull of the or self-regulating mechanism that allows submitting comments. Once submitted, trigger by harnessing the recoil energy of the firing of multiple rounds through a comments cannot be edited or removed the semiautomatic firearm to which it is single function of the trigger; and from Regulations.gov. For either manner affixed so that the trigger resets and ‘‘single function of the trigger’’ means a of submission, EPA may publish any continues firing without additional single pull of the trigger. The term comment received to its public docket. physical manipulation of the trigger by ‘‘machine gun’’ includes bump-stock- Do not submit electronically any the shooter. type devices, i.e., devices that allow a information you consider to be semiautomatic firearm to shoot more * * * * * Confidential Business Information (CBI) than one shot with a single pull of the or other information whose disclosure is PART 478—COMMERCE IN FIREARMS trigger by harnessing the recoil energy of restricted by statute. Multimedia AND AMMUNITION the semiautomatic firearm to which it is submissions (audio, video, etc.) must be affixed so that the trigger resets and accompanied by a written comment. ■ 3. The authority citation for 27 CFR continues firing without additional The written comment is considered the part 478 continues to read as follows: physical manipulation of the trigger by official comment and should include Authority: 5 U.S.C. 552(a); 18 U.S.C. 921– the shooter. discussion of all points you wish to 931. * * * * * make. EPA will generally not consider

VerDate Sep<11>2014 16:03 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13458 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

comments or comment contents located the requirements of the CAA to allow of the relevant precursor can be outside of the primary submission (i.e. the state to provide a ‘‘precursor exempted from the NNSR major source on the web, cloud, or other file sharing demonstration’’ to the EPA that permitting requirements for PM2.5 with system). For additional submission supports the determination that one or respect to that precursor. Id. methods, please contact the person more PM2.5 precursor need not be 51.1006(a)(3)(ii). identified in the FOR FURTHER subject to control and planning For NNSR permitting purposes, OEPA INFORMATION CONTACT section. For the requirements in a given nonattainment conducted sensitivity analyses to full EPA public comment policy, area. EPA has determined that sulfur examine potential increases in information about CBI or multimedia dioxide, nitrogen oxides, VOC, and NH3 emissions through a model simulation submissions, and general guidance on are factual and scientific precursors to that evaluates the effect on PM2.5 making effective comments, please visit PM, and thus the attainment plan concentrations in the area resulting from http://www2.epa.gov/dockets/ requirements of subpart 4 initially apply a given set of precursor emission commenting-epa-dockets. equally to emissions of direct PM2.5 and increases from one or more new or FOR FURTHER INFORMATION CONTACT: all of its identified precursors. CAA modified stationary sources. On October Charmagne Ackerman, Environmental section 189(e) explicitly requires the 14, 2016, OEPA submitted its non- Engineer, Air Permits Section, Air control of major stationary sources of significance finding, including the Programs Branch (AR–18J), PM2.5 precursors, unless there is a precursor demonstration, as part of Environmental Protection Agency, demonstration to the satisfaction of the OEPA’s attainment demonstration for Region 5, 77 West Jackson Boulevard, Administrator that such major the 2012 PM2.5 annual standard. The Chicago, Illinois 60604, (312) 886–0448, stationary sources do not contribute attainment demonstration for the PM2.5 [email protected]. significantly to PM levels that exceed annual standard will be addressed in a SUPPLEMENTARY INFORMATION: the standards in the area. The PM2.5 SIP separate action. Throughout this document whenever Requirements Rule became effective on OEPA and the Lake Michigan Air ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean October 16, 2016. Directors Consortium (LADCO) used the EPA. This supplementary information OEPA provided a modeling analysis 2011 and 2021 comprehensive modeling section is arranged as follows: for both VOC and NH3 intended to show inventories and platforms for this that increases in emissions of these analysis. OEPA and LADCO initially ran I. Background precursors that may result from new or a baseline model to predict the PM2.5 II. Review of State Submittals modified sources would not make a concentrations in Cleveland in 2021, III. What action is EPA taking? significant contribution to PM2.5 and then modeled any potential IV. Incorporation by Reference concentrations in the area. This increases of precursors for the same year V. Statutory and Executive Order Reviews demonstration justifies the state’s to determine the impact of the growth determination that major stationary of precursors to the areas I. Background sources of these precursors do not need concentrations. To help determine a On March 10, 2017, OEPA submitted to be regulated under the NNSR theoretical growth scenario as a result of to EPA revisions to Ohio Administrative program for the area. For NNSR major source expansion (new or Code (OAC) chapter 3745–31–01. The permitting purposes, CAA section modified), OEPA first prepared revisions were made to implement the 189(e), as interpreted by the PM2.5 SIP inventories for VOC and NH3 for 2008 ‘‘Fine Particulate Matter National Requirements Rule, provides an option to 2014 for the entire State from Ohio’s Ambient Air Quality Standards: State for the state to provide a precursor annual emissions reporting program. Implementation Plan Requirements.’’ demonstration intended to show that OEPA used inventories for the entire Subsequently, on July 18, 2017, OEPA increases in emissions from potential State in order to determine what types submitted to EPA a letter clarifying the new and existing major stationary of major sources/source categories are March 10, 2017 submittal. OEPA sources of a particular precursor would likely to expand (new or modified) clarified that limited portions of OAC not contribute significantly to levels that within the Cleveland area and at what 3745–31–01 should be included as a SIP exceed the 2012 PM2.5 NAAQS in a magnitude (tons per year) those revision. The revisions to OAC 3745– particular nonattainment area. 40 CFR expansions are likely to occur. 31–01, specifically, subparagraph (LLL) 51.1006(a)(3). Consistent with EPA’s regulation and (6), paragraph (NNN), paragraph In particular, EPA’s regulations draft guidance, OEPA and LADCO have (WWWW), paragraph (NNNNN), provide that a state choosing to submit performed sensitivity analyses of paragraph (VVVVV), and subparagraph an NNSR precursor demonstration potential increases in emissions through (LLLLLL) (2) (ee) will make the rule should evaluate the sensitivity of PM2.5 a model simulation that evaluates the consistent with 40 CFR 51.165 and 40 levels in the nonattainment area to an effect on PM2.5 concentrations in the CFR 52.21. increase in emissions of the precursor. nonattainment area (including If the state demonstrates that the unmonitored areas) resulting from a II. Review of State Submittals estimated air quality changes given set of hypothetical NH3 or VOC On August 24, 2016, EPA published determined through such an analysis are precursor emission increases from the ‘‘Fine Particulate Matter National not significant, based on the facts and modified major stationary sources of the Ambient Air Quality Standards: State circumstances of the area, the state may respective precursors in the Implementation Plan Requirements’’ use this information to identify new nonattainment area. (PM2.5 SIP Requirements Rule)(81 FR major stationary sources and major For the NH3 analysis, OEPA assumed 58009) as a final rule in the Federal modifications of a precursor that will emissions increases at three existing Register. These 2016 regulations not be considered to contribute locations of NH3 in the area, as these provide details on meeting the statutory significantly to PM2.5 levels that exceed would be the most likely future areas of SIP requirements that apply to areas the standard in the nonattainment area growth in the Cleveland area. EPA designated nonattainment for any PM2.5 under CAA section 189(e). Id. believes that the use of the historical National Ambient Air Quality Standards 51.1006(a)(3)(i). If EPA approves the inventories to predict growth is (NAAQS). As part of the PM2.5 SIP state’s NNSR precursor demonstration reflective of the future potential Requirements Rule, EPA has interpreted for a nonattainment area, major sources increases specific to the Cleveland area

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13459

given the current types of facilities and order of magnitude difference, and for EPA is proposing approval of their respective locations, the urban NH3 the maximum value is less than revisions to OAC 3745–31–01, density and ability to expand or build, half the recommended significant specifically subparagraph (LLL)(6), as well as the types of state regulation contribution threshold level. The results paragraph (NNN), paragraph (WWWW), or other federal requirements (such as of NH3 modeling for scenario 2 indicate paragraph (NNNNN), paragraph National Emission Standards for that, even with a conservatively large (VVVVV), and subparagraph Hazardous Air Pollutants) on facility NH3 increase, the maximum impact was (LLLLLL)(2)(ee). EPA finds that the types and controls required for other 0.24 mg/m3, which is only slightly above revisions are consistent with Federal pollutants. EPA believes that this is an the recommended contribution requirements. acceptable approach to estimating threshold of 0.2 ug/m3. IV. Incorporation by Reference potential future growth. While the increase is slightly above In addition to the modeled emissions the recommended contribution In this rule, EPA is proposing to increases based on historical growth at threshold, EPA believes that it is include in a final EPA rule regulatory sources, LADCO and OEPA performed text that includes incorporation by reasonable to conclude that NH3 an additional NH3 modeling analysis emissions from major stationary sources reference. In accordance with (submitted July 18, 2017) based on a 100 (in the context of a NNSR precursor requirements of 1 CFR 51.5, EPA is tons per year (TPY) emissions increase demonstration) do not contribute proposing to incorporate by reference (to represent major sources) in each revisions to Ohio Administrative Code significantly to PM2.5 concentrations in modeled grid cell in the nonattainment the nonattainment area for the following 3745–31–01 including subparagraph area. EPA believes that this is a (LLL)(6), paragraph (NNN), paragraph reasons: Historical growth of NH3 sufficiently conservative analysis that sources in the area are significantly less (WWWW), paragraph (NNNNN), exceeds the level of actual potential NH3 than what was modeled for scenario 2; paragraph (VVVVV), and subparagraph emissions growth likely to occur in the (LLLLLL)(2)(ee), effective on March 20, the only likely future increases of NH3 area. Thus, this analysis serves as a emissions from major sources in the 2017 . EPA has made, and will continue reasonable evaluation of the sensitivity to make, these documents generally area are from the increased use of NH3 of PM2.5 concentrations to a large available through www.regulations.gov, for EGU NOX control (ammonia slip) emissions increase across the spatial and would likely occur at existing EGUs and at the EPA Region 5 Office (please area. Both of these approaches are (as modeled in scenario 1); the area contact the person identified in the FOR consistent with suggested modeling in continues to trend downward in both FURTHER INFORMATION CONTACT section of EPA’s draft guidance. monitored PM concentrations and this preamble for more information. For the VOC analysis, OEPA added 2.5 1,486 TPY of VOC emissions at 3 PM2.5 (direct and precursor) emissions; VI. Statutory and Executive Order existing source locations where VOC and current preliminary monitoring data Reviews shows the area is attaining the standard. emissions increases potentially could Under the CAA, the Administrator is This small amount of additional occur in the nonattainment area. required to approve a SIP submission ambient PM concentration, based on Compared to the 2011 inventory, this 2.5 that complies with the provisions of the the modeling analysis, would therefore represents a 75% increase in VOC CAA and applicable Federal regulations. not interfere with the area’s ability to emissions from existing stationary 42 U.S.C. 7410(k); 40 CFR 52.02(a). attain the standard given that the sources (Electric Generating Units (EGU) Thus, in reviewing SIP submissions, current preliminary design value for and non-EGU). Compared to the 2021 EPA’s role is to approve state choices, 2015–2017 is 11.3 mg/m3, and the projected inventory, this represents an provided that they meet the criteria of additional modeled increase of 0.24 mg/ 80% increase in stationary source the CAA. Accordingly, this action m3 would not impact the areas ability to emissions. For the NH3 analysis, OEPA merely approves state law as meeting attain or maintain the NAAQS. added 325 TPY of NH3 emissions Federal requirements and does not (scenario 1) to 3 existing source Based on the results of the modeling impose additional requirements beyond demonstration and the additional locations where NH3 emissions those imposed by state law. For that increases potentially could occur in the factors described in this section, EPA is reason, this action: nonattainment area. Compared to the proposing to determine that emissions • Is not a significant regulatory action 2011 inventory, this represents a 447% increases of either VOC or NH3 from subject to review by the Office of increase in NH3 emissions from existing new and modified major stationary Management and Budget under stationary sources. Compared to the sources would not contribute Executive Orders 12866 (58 FR 51735, 2021 projected inventory, this significantly to PM2.5 levels that exceed October 4, 1993) and 13563 (76 FR 3821, represents a 449% increase in NH3 from the 2012 PM2.5 NAAQS in the Cleveland January 21, 2011); stationary sources. The additional NH3 nonattainment area. Accordingly, we are • Is not an Executive Order 13771 (82 analysis (scenario 2) had a total proposing to approve Ohio’s submitted FR 9339, February 2, 2017) regulatory emissions increase of 1,700 TPY, which revisions to its PM2.5 SIP, and new or action because SIP approvals are is over 500% higher growth than the modified major sources of VOC and NH3 exempted under Executive Order 12866; historical NH3 growth (scenario 1). may be exempted from the state’s NNSR • Does not impose an information OEPA found that the addition of the program requirements for PM2.5 in the collection burden under the provisions NH3 emissions (approximately 350 TPY) Cleveland PM2.5 nonattainment area. of the Paperwork Reduction Act (44 into the model based on historical III. What action is EPA taking? U.S.C. 3501 et seq.); growth (scenario 1) would result in a • Is certified as not having a peak impact of 0.08 micrograms per EPA is proposing approval of the SIP significant economic impact on a cubic meter (mg/m3), and the addition of revision submittal. Ohio’s SIP revisions substantial number of small entities the above VOC emissions would result comply with regulations EPA designed under the Regulatory Flexibility Act (5 3 in a peak impact of 0.02 mg/m . The to address the PM2.5 NAAQS. EPA finds U.S.C. 601 et seq.); modeled impacts are well below the that these revisions implement the • Does not contain any unfunded recommended significance contribution NNSR rules by defining precursors for mandate or significantly or uniquely 3 threshold of 0.2 mg/m ; for VOC it is an PM2.5, as required by EPA’s regulations. affect small governments, as described

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13460 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

in the Unfunded Mandates Reform Act SUMMARY: The Environmental Protection Protection Agency, 1200 Pennsylvania of 1995 (Pub. L. 104–4); Agency (‘‘EPA’’ or ‘‘the Agency’’) is Avenue NW, Washington, DC 20460; • Does not have Federalism seeking public comment on any aspect Telephone: (202) 343–9303; Fax: (202) implications as specified in Executive of the use of isobutanol in gasoline. 343–2802; Email address: caldwell.jim@ Order 13132 (64 FR 43255, August 10, Butamax Advanced Biofuels, LLC epa.gov. 1999); (‘‘Butamax’’), a manufacturer of SUPPLEMENTARY INFORMATION: The EPA • Is not an economically significant isobutanol, has submitted an is seeking public comment on any regulatory action based on health or application pursuant to the regulations aspect of the use of isobutanol in safety risks subject to Executive Order titled ‘‘Registration of Fuels and Fuel gasoline. Butamax Advanced Biofuels, 13045 (62 FR 19885, April 23, 1997); Additives’’ for the registration of LLC (‘‘Butamax’’), a manufacturer of • Is not a significant regulatory action isobutanol as a gasoline additive at up isobutanol, has submitted an subject to Executive Order 13211 (66 FR to 16 volume percent. Butamax has application pursuant to the regulations 28355, May 22, 2001); submitted information that would likely at 40 CFR part 79, Registration of Fuels • Is not subject to requirements of satisfy the applicable registration and Fuel Additives, for the registration Section 12(d) of the National requirements. The Clean Air Act of isobutanol, an alcohol, as a gasoline Technology Transfer and Advancement requires the EPA to register a fuel or fuel additive at up to 16 volume percent. Act of 1995 (15 U.S.C. 272 note) because additive once all the applicable Our review of the information Butamax application of those requirements would registration requirements have been met has submitted leads us to believe that be inconsistent with the Clean Air Act; by the manufacturer. Due to the Butamax would likely satisfy the and potential for the widespread applicable registration requirements • Does not provide EPA with the introduction of isobutanol into under 40 CFR part 79 (discussed in discretionary authority to address, as commerce, we are taking steps to make more detail below). Section 211(b) of the appropriate, disproportionate human the public aware of the likelihood of Clean Air Act (Clean Air Act, CAA or health or environmental effects, using this registration. We are seeking public the Act) requires the EPA to register a practicable and legally permissible comment regarding any issues we fuel or fuel additive once all the methods, under Executive Order 12898 should take into consideration for this applicable registration requirements (59 FR 7629, February 16, 1994). registration and any supplemental have been met by the manufacturer. In addition, the SIP is not approved actions we should consider under the While the EPA does not have any to apply on any Indian reservation land Clean Air Act to further protect public specific concerns, due to the potential or in any other area where EPA or an health and welfare. for the widespread introduction of Indian tribe has demonstrated that a DATES: Comments must be received on isobutanol into commerce, we are taking tribe has jurisdiction. In those areas of or before April 30, 2018. steps to make the public aware of the Indian country, the rule does not have ADDRESSES: Submit your comments, likelihood of this registration and are tribal implications and will not impose identified by Docket ID No. EPA–HQ– seeking public comment regarding any substantial direct costs on tribal OAR–2018–0131, to the Federal issues we should take into consideration governments or preempt tribal law as eRulemaking Portal: https:// for this registration and/or any potential specified by Executive Order 13175 (65 www.regulations.gov. Follow the online supplemental actions we should FR 67249, November 9, 2000). instructions for submitting comments. consider under the Clean Air Act to List of Subjects in 40 CFR Part 52 Once submitted, comments cannot be further protect public health and edited or withdrawn. The EPA may welfare. Environmental protection, Air publish any comment received to its I. Statutory and Regulatory Background pollution control, Carbon monoxide, public docket. Do not submit Incorporation by reference, electronically any information you Section 211(a) and (b)—Fuels and Fuel Intergovernmental relations, Nitrogen consider to be Confidential Business Additives Designation and Registration dioxide, Particulate matter, Reporting Information (CBI) or other information Section 211(a) of the Act authorizes and recordkeeping requirements, Sulfur whose disclosure is restricted by statute. oxides, Volatile organic compounds. the Administrator to designate fuels and Multimedia submissions (audio, video, fuel additives (F/FAs) by regulations Dated: March 20, 2018. etc.) must be accompanied by a written and, once designated, to register such Edward H. Chu, comment. The written comment is F/FAs prior to introduction into Acting Regional Administrator, Region 5. considered the official comment and commerce. To date, the Administrator [FR Doc. 2018–06368 Filed 3–28–18; 8:45 am] should include discussion of all points has designated on-highway motor BILLING CODE 6560–50–P you wish to make. The EPA will in vehicle gasoline and gasoline additives general not consider comments or and on-highway motor vehicle diesel comment contents located outside of the and diesel additives for registration. The ENVIRONMENTAL PROTECTION primary submission (i.e. on the web, EPA codified the registration AGENCY cloud, or other file sharing system). For requirements under Sections 211(b) and additional submission methods, the full 211(e) of the Act at 40 CFR part 79. 40 CFR Part 79 EPA public comment policy, Registration requirements at 40 CFR part [EPA–HQ–OAR–2018–0131; FRL–9975–89– information about CBI or multimedia 79 include emissions speciation testing OAR] submissions, and general guidance on and a literature search of the associated making effective comments, please visit emissions (Tier 1 testing) and animal Registration of Isobutanol as a https://www.epa.gov/dockets/ testing of exposure to emissions for Gasoline Additive: Opportunity for commenting-epa-dockets. purposes of determining health effects Public Comment FOR FURTHER INFORMATION CONTACT: (Tier 2 testing). Manufacturers with less AGENCY: Environmental Protection James W. Caldwell, Environmental than $50 million in total annual sales Agency (EPA). Engineer, Compliance Division, Office are considered small businesses, as of Transportation and Air Quality, Mail specified in the regulations at 40 CFR ACTION: Request for information. Code 6405A, U.S. Environmental 79.58(d). In certain cases, a small

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13461

business is exempt from some or all of At the time, the EPA explained the contain up to 3.7 percent oxygen by these testing requirements. For any rationale for focusing on evaporative weight, which exceeds the allowable potential registrant with $50 million or emissions and why the combustion limit for oxygen content under the more in total annual sales, Tier 1 and emission studies would likely not current ‘‘substantially similar’’ Tier 2 requirements must be met before produce meaningful information as interpretive rule, and would require a registration. being due to methodological waiver under section 211(f)(4) of the In addition, §§ 79.11(i) and 79.21(h) complications caused by carbon Act. respectively require that fuel and fuel monoxide (i.e., the carbon monoxide Section 211(f)(4) of the Act provides additive manufacturers demonstrate that component of the combustion exhaust that upon application of any fuel or fuel their fuels and fuel additives are emissions may be lethal or otherwise additive manufacturer, the substantially similar to those used in compromise the health of the test Administrator may waive the emissions certification or have a waiver animals). The EPA required specific prohibitions of CAA section 211(f)(1) if as part of 40 CFR part 79 registration. testing for baseline gasoline and various the Administrator determines that the The Tier 1 registration regulations at oxygenated gasoline blends and these applicant has established that such fuel 40 CFR 79.52 require a characterization health studies have now been largely or fuel additive, or a specified of the emission products that are completed and approved. concentration thereof, will not cause or generated by evaporation and The regulations at 40 CFR 79.54 contribute to a failure of any emission combustion of a gasoline with, if provide for additional testing under Tier control device or system (over the useful applicable, an oxygenated additive such 3 provisions if the Tier 1 and life of the motor vehicle, motor vehicle as isobutanol. Combustion testing must Alternative Tier 2 data or other data engine, nonroad engine or nonroad be conducted with and without after- obtained by the Agency indicates that vehicle in which such device or system treatment of exhaust emissions. A such testing is warranted. The EPA has is used) to achieve compliance by the literature search for information on the yet to initiate a Tier 3 process for any vehicle or engine with the emission potential toxicological environmental, fuel or fuel additive. If the EPA were to standards to which it has been certified and other public welfare effects is require Tier 3 testing, we would develop pursuant to Sections 206 and 213(a) of required for emission products, except the testing protocol and requirements the Act. In other words, the that it is not required for those emission through a public process. Administrator may grant a waiver for a products that are the same as the prohibited fuel or fuel additive if the CAA Section 211(f)—Substantially emission products for baseline gasoline applicant can demonstrate that the new Similar and Waivers (represented in testing by a gasoline fuel or fuel additive will not cause or with no oxygenates such as ethanol or Section 211(f)(1) of the Act makes it contribute to engines, vehicles or isobutanol). This is because a test group unlawful for any manufacturer of any equipment failing to meet their organized by the American Petroleum fuel or fuel additive to first introduce emissions standards over their useful Institute (API) has tested baseline into commerce, or to increase the lives. The statute requires that the gasoline and also conducted the concentration in use of, any fuel or fuel Administrator shall take final action to literature search for its emission additive for use by any person in motor grant or deny the application, after products. The results of this testing and vehicles manufactured after model year public notice and comment, within 270 literature search were reported in the 1974 which is not substantially similar days of receipt of the application. 1997 API baseline gasoline Tier 1 to any fuel or fuel additive utilized in In addition, the regulations at literature review. the certification of any model year 1975, §§ 79.11(i) and 79.21(h) require that fuel The regulations at 40 CFR 79.53 or subsequent model year, vehicle or and fuel additive manufacturers must specify the requisite health effects engine under Section 206 of the Act. demonstrate that their fuels and fuel testing for compliance with Tier 2 as The EPA last issued an interpretive rule additives, respectively, are substantially well as provisions for a manufacturer on the phrase ‘‘substantially similar’’ at similar or have a waiver as described in that opts to rely on existing health 73 FR 22281 (April 25, 2008). Generally section 211(f) of the Act. effects test data to satisfy these testing speaking, this interpretive rule describes requirements. Additionally, the the types of unleaded gasoline that are CAA Section 211(c)—Rulemaking To flexibility to modify Tier 2 requirements considered ‘‘substantially similar’’ to Regulate Fuels and to require Alternative Tier 2 testing the unleaded gasoline utilized in the Section 211(c)(1) of the Act allows the can be found at 40 CFR 79.58(c). In EPA’s emissions certification program Administrator, by regulation, to ‘‘control 1998, EPA opted to modify the standard by placing limits on a gasoline’s or prohibit the manufacture, Tier 2 testing requirements for gasoline chemical composition and its physical introduction into commerce, offering for and various oxygenated gasoline blends properties, including the amount of sale, or sale of any fuel or fuel additive and issued Alternative Tier 2 testing alcohols and ethers (oxygenates) that for use in a motor vehicle, motor vehicle requirements to the API ‘‘Section 211(b) may be added to gasoline. Gasoline and engine, or nonroad engine or nonroad Research Group.’’ This was based on the diesel fuels that are found to be vehicle (A) if, in the judgment of the EPA’s determination that alternative test ‘‘substantially similar’’ to the EPA’s Administrator, any fuel or fuel additive procedures would yield more useful certification fuels may be registered and or any emission product of such fuel or data than standard Tier 2 testing. The introduced into commerce. The current fuel additive causes, or contributes, to primary difference between the testing ‘‘substantially similar’’ interpretive rule air pollution or water pollution for baseline gasoline and various for unleaded gasoline allows oxygen (including any degradation in the oxygenated gasoline blends, under the content up to 2.7 percent oxygen by quality of groundwater) that may Alternative Tier 2 and standard Tier 2 weight for certain ethers and alcohols, reasonably be anticipated to endanger testing requirements, was that the which equates to approximately 12 the public health or welfare, or (B) if Alternative Tier 2 testing focused on volume percent isobutanol.1 Gasoline- emission products of such fuel or fuel identifying and evaluating potential isobutanol blends containing up to 16 additive will impair to a significant adverse health effects of evaporative volume percent isobutanol would degree the performance of any emission emissions. It did not include control device or system which is in examination of combustion emissions. 1 See 56 FR 5352 (February 11, 1991). general use, or which the Administrator

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13462 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

finds has been developed to a point additive for companies that qualified relevance here is the OCTAMIX waiver, where in a reasonable time it would be under this provision. which the EPA granted on February 8, in general use were such regulation to Fuel and fuel additive manufacturers 1988,3 and has since modified the be promulgated.’’ Prior to doing so, the with total annual sales of $50 million or waiver on October 28, 1988,4 June 7, EPA must consider scientific and greater do not qualify as small 2012,5 and June 14, 2012.6 The waiver medical evidence as well as the costs of businesses, are prohibited from allows a variety of alcohols in gasoline, any control and setting regulations registering the use of isobutanol including isobutanol, at up to 3.7 under Section 202 of the Act. The EPA produced by small businesses, and percent oxygen by weight. For a must also publish a finding that a instead must comply with all applicable gasoline with a typical density, this control or prohibition will not result in registration requirements, including equates to a maximum of 16 percent the use of other substitute fuels or fuel health effects testing. Gasoline isobutanol by volume when no other additives that will also endanger public manufacturers typically have sales oxygenates are present. Butamax has health or welfare. greater than $50 million per year and stated that it intends to produce the would need to register isobutanol as an isobutanol fuel additive for use in II. Registration of Isobutanol additive to their gasoline if they wanted accordance with the OCTAMIX waiver. Isobutanol Background to use it. Therefore, a gasoline Butamax must show that it will comply manufacturer cannot rely on the with all seven conditions in the Isobutanol is a flammable colorless registration of a small additive OCTAMIX waiver to be able to rely on liquid that is used as a gasoline additive manufacturer as a means of complying that waiver to satisfy the registration and as an industrial solvent. Isobutanol with the 40 CFR part 79 registration requirement at 40 CFR 79.21(h). The is composed of the chemical elements requirements. Additionally, because no Agency has evaluated Butamax’s March hydrogen, oxygen, and carbon and it can gasoline manufacturer has completed 25, 2011 submission regarding be made from petroleum or renewable the 40 CFR part 79 registration ButamaxTM Advanced Biofuels LLC and biomass, such as corn, grasses, requirements, including required health its application of the OCTAMIX Waiver agricultural waste and other renewable effects testing for isobutanol, the agency for up to 16 volume percent isobutanol sources. It can be used in internal has yet to grant a registration request of as a fuel additive if blended with combustion engines as an additive to isobutanol as an additive to gasoline by gasoline and agrees with its evaluation gasoline and is registered under the 40 a gasoline manufacturer. This has that Butamax can meet all seven CFR part 79 as a gasoline additive for resulted in limiting isobutanol to conditions specified in the OCTAMIX manufacturers that are exempt from the blending at terminals by parties that are waiver. Tier 1 and Alternative Tier 2 testing. A not gasoline manufacturers. See the Second, a manufacturer must conduct blend level of 16 percent for a non- definition of fuel manufacturer at 40 Tier 1 and either Tier 2 or Alternative exempt manufacturer would require a CFR 79.2(d). For this reason, among Tier 2 health-effects testing, unless the new registration that would include others, isobutanol has yet to be manufacturer is exempt under the meeting Tier 1 and Alternative Tier 2 introduced into commerce in any small-business provisions specified at health effects testing requirements and a significant volume. 40 CFR 79.58(d). Butamax does not waiver under CAA section 211(f)(4). qualify as a small business and is not Butamax—Isobutanol Registration Biobutanol is the common name for exempt from these testing requirements. isobutanol made from renewable Butamax Advanced Biofuels, LLC Additionally, the regulations at 40 CFR sources. (Butamax) has applied for registration of 79.53(b) allow a manufacturer to rely on There has been an increased interest the use of up to 16 percent by volume existing health effects test data that in the use of biobutanol as a direct isobutanol as a fuel additive in motor- would provide ‘‘reasonably result of the requirements for increased vehicle gasoline.2 As discussed above, comparable’’ information in lieu of use of renewable fuel volumes, adopted fuels and fuel additives to motor-vehicle conducting health effects testing in the Energy Information and Security gasoline are required to be registered by ‘‘regarding the carcinogenicity, Act of 2007. These provisions require an the EPA under 40 CFR part 79 prior to mutagenicity, neurotoxicity, increase in the use of renewable fuels, introduction into commerce. As teratogenicity, reproductive/fertility with 36 billion gallons of renewable fuel previously described, there are two measures, and general toxicity effects of to be used in the U.S. by 2022. Parties main requirements for the fuel or fuel the emissions for a fuel or additive’’ for required to meet these standards are additive manufacturer. First, the fuel or registration. The Agency’s current interested in cost effective and practical fuel additive must be substantially review leads it to believe that Butamax ways to satisfy the standards and meet similar to fuel additives used in will likely meet the requisite health the performance needs of the vehicles emissions certification, or, if not, have effects testing requirements for and engines. Biobutanol is one a waiver under CAA section 211(f)(4) isobutanol at 16 percent through its potentially attractive option because of (42 U.S.C. 7545(f)(4), 40 CFR 79.21(h)). submittal of information on testing for its higher energy density, lower A fuel containing a blend of gasoline the health effects end points identified blending vapor pressure, and lower heat and 16 percent isobutanol is not under Alternative Tier 2 testing of vaporization in comparison to other substantially similar to any EPA procedures for oxygenates.7 Similarly, alcohols such as ethanol. certification fuels so Butamax must the Agency also believes that Butamax operate via a waiver under CAA section will likely meet the other requirements Current Isobutanol Registrations 211(f)(4) prior to registration. The EPA for registration on EPA Form 3520–13, As previously discussed, regulations allows manufacturers to use previously at 40 CFR 79.58(d) specify that a granted waivers if they can satisfy the 3 See 53 FR 3636 (February 8, 1988). company with total annual sales of less waiver’s terms and conditions. Of 4 See 53 FR 43768 (October 28, 1988). 5 than $50 million is a small business and See 77 FR 33733 (June 7, 2012). 2 Ethanol is allowed in gasoline at up to 15 6 See 77 FR 35677 (June 14, 2012). is exempt in certain instances from percent by volume for certain vehicles. Isobutanol 7 Letter to Dr. Carol Henry, American Petroleum applicable testing requirements. The at 16 percent by volume would not have a vehicle Institute, from Margo Oge, U.S. EPA, November 2, EPA has registered isobutanol as a fuel restriction. 1998.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13463

Fuel Additive Manufacturer reduced using isobutanol vs. indolene for that blend (animal exposure to Notification. which was expected as isobutanol is a evaporative emissions). Butamax has partially oxidized fuel. The enleanment also submitted information to III. Recent Studies Regarding reported for 16.1 percent isobutanol was demonstrate that it can comply with the Isobutanol Blended Gasolines in line with what is typical of E10 requirements of the OCTAMIX waiver, The OCTAMIX waiver evaluated a relative to indolene. The study noted which allows the blending of isobutanol number of 1980s gasoline-fueled that no operability issues were observed into gasoline at up to 3.7 percent oxygen vehicles on the effects of gasoline- while the marine engines were operated by weight, or 16 percent isobutanol by alcohol mixtures (applicable to on the gasoline-isobutanol blended volume. isobutanol at up to 16 percent by fuels.11 The EPA seeks comments and any volume) on those vehicles emissions The Agency believes that based on the information and data on the use of controls. Since then, studies have been referenced studies on the potential isobutanol in gasoline, including, but conducted to evaluate the potential effects of isobutanol on gasoline-fueled not limited to: (1) The need for effects of isobutanol on gasoline-fueled vehicles and engines and its engineering additional health-effects testing under vehicles, engines, and fuel dispensing judgement, that modern motor vehicles the Tier 3 provisions in the regulations, and storage equipment. Recent testing and engines should continue to meet and (2) the need for additional on the use of gasoline-isobutanol emissions standards and suffer no issues regulatory controls for 16 percent blended fuels illustrates that isobutanol- with driveability or operability on isobutanol in gasoline, beyond those for blended fuels generally do not gasoline-isobutanol blended fuels up to gasoline at 40 CFR parts 79 and 80, significantly affect oxides of nitrogen 16 volume percent. However, even under the authority of CAA section (NOX), carbon monoxide (CO), or non- though the information cited above 211(c). methane organic gas (NMOG) emissions. concerning regulated emissions, retail In a recent study, gasoline was splash Dated: March 15, 2018. fuel dispensing and storage equipment Byron J. Bunker, blended with alcohols to produce four materials, and marine engines suggests Director, Compliance Division, Office of blends with a target value of 5.5 percent that isobutanol blended into gasoline oxygen by weight including a gasoline- Transportation and Air Quality, Office of Air should not pose any significant issues, and Radiation. isobutanol blend of 21 volume percent the narrowness of the size and scope of 8 [FR Doc. 2018–06119 Filed 3–28–18; 8:45 am] isobutanol. The study found that the these studies does not address all BILLING CODE 6560–50–P gasoline-isobutanol blended fuel did not potential effects isobutanol may have on significantly affect NO , CO, or NMOG X gasoline-fueled vehicles and engines. emissions. Therefore, the Agency seeks comment In a test of isobutanol exposure on whether there is available FEDERAL COMMUNICATIONS impacts on fueling infrastructure COMMISSION materials, the observed swell for information on other areas that should be addressed for gasoline-isobutanol elastomers for exposures to 16 percent 47 CFR Parts 15, 73, 74, and 76 and 24 percent gasoline blends were blended fuels up to 16 volume percent. similar to but slightly less than the The Agency could use information [GN Docket No. 16–142; Report No. 3088] oxygen equivalent ethanol fuels of E10 gleaned from this public comment process to determine whether further Petitions for Reconsideration of Action and E17. Samples of metals commonly in Rulemaking Proceeding found in fuel storage and dispensing controls might be necessary (potentially via rulemaking under section 211(c) of systems were immersed in 16 percent AGENCY: Federal Communications the Act) to help ensure the smooth and 24 percent isobutanol blends at Commission. ° introduction of isobutanol into the 60 C for 28 days. In all cases, the ACTION: Petitions for Reconsideration. annualized corrosion rates for gasoline market or to help determine isobutanol based on weight loss were whether the Agency should impose SUMMARY: Petitions for Reconsideration negligible.9 certain conditions on the registration of (Petitions) have been filed in the Finally, in a 50-hour field emissions isobutanol as a gasoline additive Commission’s Rulemaking proceeding test of 175 horsepower and 215 through 40 CFR part 79. by Rick Chessen, on behalf of NCTA— horsepower boating engines, 16.1 IV. Conclusion The Internet & Television Association volume percent isobutanol (blended to (‘‘NCTA’’) and Michael Nilsson, on The EPA will register isobutanol for 93 octane) showed similar total behalf of American Television Alliance Butamax in accordance with the HC+NOX emissions compared to a non- (ATVA). 10 regulations at 40 CFR part 79 once oxygenated certification gasoline. In DATES: Oppositions to the Petition must that same test, CO emissions were applicable requirements are met. Butamax has submitted the required be filed on or before April 13, 2018. Replies to an opposition must be filed 8 Ratcliff, M. A.; Luecke, J.; Williams, A.; information, including: (1) The Christensen, E.; Yanowitz, J.; Reek, A.; and speciation of exhaust and evaporative on or before April 23, 2018. McCormick, R. L.; Impact of higher alcohols emissions for gasoline with 16 percent ADDRESSES: Federal Communications blended in gasoline on light-duty vehicle exhaust isobutanol (Tier 1 testing), (2) a Commission, 445 12th Street SW, emissions. Environ. Sci. Technol., 2013, 47 (23), pp 13865–13872. literature search for health information Washington, DC 20554. 9 Kass, M.; Theiss, T.; Janke, C.; Pawel, S.; et al; on the Tier 1 emissions found for that FOR FURTHER INFORMATION CONTACT: Compatibility study for plastic, elastomeric, and blend that were not found in the Tier 1 Evan Baranoff, Media Bureau, Policy metallic fueling infrastructure materials exposed to testing of gasoline without any Division, at: (202) 418–2120; email: aggressive formulations of isobutanol-blended gasoline. Oak Ridge National Laboratory, 2014. oxygenate, and (3) the results of the [email protected]. 10 Until changed in the Tier 3 rulemaking (see 79 Alternative Tier 2 health-effects testing SUPPLEMENTARY INFORMATION: This is a FR 23414, April 28, 2014), certification gasoline did summary of the Commission’s not contain ethanol, or any other oxygenates. 11 Wasil, J. R.; McKnight, J.; Kolb, R.; Munz, D.; However, the Tier 3 rulemaking now requires Adey, J.; and Goodwin, B.; In-use performance document, Report No. 3088, released federal motor vehicle gasoline certification fuel to testing of butanol-extended fuel in recreational March 22, 2018. The full text of the contain 10 volume percent ethanol. marine engines and vessels. SAE [Tech Pap.] 2012. Petition is available for viewing and

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13464 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

copying at the FCC Reference PHMSA is issuing this request for done, whether in testing or in actual Information Center, 445 12th Street SW, information on the factors the Agency integration, by automated technologies. Room CY–A257, Washington, DC 20554. should consider to ensure continued Most prominently, ‘‘Automated Driving It also may be accessed online via the safe transportation of hazardous Systems’’ (ADS) have shown the Commission’s Electronic Comment materials without impeding emerging capacity to drive and operate motor Filing System at: http://apps.fcc.gov/ surface transportation technologies. vehicles, including commercial motor ecfs/. The Commission will not send a DATES: Interested persons are invited to vehicles, as safely and efficiently as Congressional Review Act (CRA) submit comments on or before May 7, humans, if not more so. Similar submission to Congress or the 2018. Comments received after that date technological developments are also Government Accountability Office will be considered to the extent occurring in rail. Additionally, PHMSA pursuant to the CRA, 5.U.S.C. because practicable. acknowledges that ongoing advances in no rules are being adopted by the ADDRESSES: You may submit comments aviation and maritime technology could Commission. identified by Docket Number PHMSA– also affect the transportation of Subject: Authorizing Permissive Use 2018–0001 via any of the following hazardous materials and plans to of the ‘‘Next Generation’’ Broadcast methods: address these issues in future notices, as Television Standard, Report and Order, • Federal eRulemaking Portal: Go to necessary. FCC 17–158, published at 83 FR 4998, http://www.regulations.gov. Follow the DOT, including PHMSA, strongly February 2, 2018, in GN Docket No. 16– online instructions for submitting encourages the safe development, 142. This document is being published comments. testing, and integration of automated pursuant to 47 CFR 1.429(e). See also 47 • Fax: 1–202–493–2251. technologies, including the potential for CFR 1.4(b)(1) and 1.429(f), (g). • Mail: Docket Operations, U.S. these technologies to be used in Number of Petitions Filed: 2. Department of Transportation, West hazardous materials transportation. Federal Communications Commission. Building, Ground Floor, Room W12– Although an exciting and important Katura Jackson, 140, Routing Symbol M–30, 1200 New innovation in transportation history, the Federal Register Liaison Officer, Office of the Jersey Avenue SE, Washington, DC emergence of surface automated Secretary. 20590. • vehicles and the technologies that [FR Doc. 2018–06372 Filed 3–28–18; 8:45 am] Hand Delivery: To Docket support them may create unique and Operations, Room W12–140 on the BILLING CODE 6712–01–P unforeseen challenges for hazardous ground floor of the West Building, 1200 materials transportation. The safe New Jersey Avenue SE, Washington, DC transportation of hazardous materials 20590, between 9 a.m. and 5 p.m., DEPARTMENT OF TRANSPORTATION remains PHMSA’s top priority, and as Monday through Friday, except Federal the development, testing, and Pipeline and Hazardous Materials holidays. integration of surface automated Safety Administration Instructions: All submissions must vehicles into our transportation system include the agency name and docket continues, PHMSA recognizes the need 49 CFR Parts 107, 171, 172, 173, 174, number for this notice. Internet users to work with State and modal partners 177, 178, 179, and 180 may access comments received by DOT to ensure the Hazardous Materials at: http://www.regulations.gov. Please Regulations (HMR; 49 CFR parts 171– [Docket No. PHMSA–2018–0001; Notice No. note that comments received will be 2018–01] 180) framework sufficiently takes into posted without change to: http:// account these new technological www.regulations.gov including any Request for Information on Regulatory innovations. personal information provided. Challenges to Safely Transporting Privacy Act: In accordance with 5 The purpose of this request for Hazardous Materials by Surface Modes U.S.C. 553(c), the DOT solicits information is to obtain public comment in an Automated Vehicle Environment; comments from the public. The DOT on how the development of automated Correction posts these comments, without edit, technologies may impact the HMR, and AGENCY: Pipeline and Hazardous including any personal information the on the information PHMSA should Materials Safety Administration commenter provides, to http:// consider when determining how to best (PHMSA), Department of Transportation www.regulations.gov, as described in ensure the HMR adequately account for 1 (DOT). the system of records notice (DOT/ALL– surface automated vehicles. In anticipation of the role surface ACTION: 14 FDMS), which can be reviewed at Request for information; automated vehicles and the technologies correction. http://www.dot.gov/privacy. FOR FURTHER INFORMATION CONTACT: that support them may play on SUMMARY: This request for information Matthew Nickels, Senior Regulations transportation, the movement of freight, notice replaces the version published in Officer (PHH–10), U.S. Department of and commerce, PHMSA requests the Federal Register on March 22, 2018 Transportation, Pipeline and Hazardous comments from the public and (83 FR 12529), to make technical Materials Safety Administration, 1200 interested stakeholders—including corrections to the prior version. The New Jersey Avenue SE, East Building, entities engaged in the development, Pipeline and Hazardous Materials Safety 2nd Floor, Washington, DC 20590–0001, testing, and integration of these Administration (PHMSA) requests Telephone 202–366–0464, technologies—on the potential future information on matters related to the [email protected]. incompatibilities between the hazardous materials transportation requirements in development and potential use of SUPPLEMENTARY INFORMATION: automated technologies for surface the HMR and a surface transportation modes (i.e., highway and rail) in I. Overview hazardous materials transportation. In The transportation sector is 1 In this notice, PHMSA is not seeking comment on how advances in aviation or maritime anticipation of the development, testing, undergoing a potentially revolutionary technology could affect the transportation of and integration of Automated Driving period, as tasks traditionally performed hazardous materials, though the Agency is Systems in surface transportation, by humans only are increasingly being considering future notices on those issues.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13465

system that incorporates automated and require a shipper to communicate safety. SPs enable the hazardous vehicles. the material’s hazards through the use of materials industry to safely, quickly, This request for information notice shipping papers, package marking and and effectively integrate new products replaces the version published in the labeling, and vehicle placarding; (2) and technologies into production and Federal Register on March 22, 2018 (83 require shippers to provide emergency the transportation stream. FR 12529),2 to make technical response information applicable to the IV. Additional DOT Guidance corrections to the prior version. specific hazard or hazards of the material being transported; and (3) PHMSA requests information related II. PHMSA’s Safety Mission and to the development and potential use of Regulatory Objectives mandate training requirements for persons who prepare hazardous surface automated vehicles and the PHMSA is an operating materials for shipment or transport technologies that support them in administration within DOT established hazardous materials in commerce. The hazardous materials transportation by in 2004 by the Norman Y. Mineta HMR also include operational highway or rail. For additional Research and Special Programs requirements applicable to each mode of background on ADS for motor vehicles, Improvement Act (Pub. L. 108–426). transportation, further necessitating that PHMSA notes that DOT and the PHMSA’s mission is to protect people hazardous materials standards and National Highway Traffic Safety and the environment by advancing the regulations be coordinated in intrastate, Administration (NHTSA) released safe transportation of energy and other interstate, and foreign commerce. guidance in the Automated Driving hazardous materials that are essential to As such, PHMSA—in continued Systems 2.0: A Vision for Safety,3 on our daily lives. To achieve this mission, collaboration with the Federal Motor September 12, 2017. Further, NHTSA PHMSA establishes national policy, sets Carrier Safety Administration and the issued a notice [September 15, 2017; 82 and enforces standards, educates, and Federal Railroad Administration—seeks FR 43321] making the public aware of conducts research to prevent hazardous information regarding the design, the guidance and seeking comment. materials incidents. PHMSA development, and potential use of This voluntary guidance, among other collaborates closely with other Federal automated transportation systems to things, describes the levels of agencies, operating administrations, and safely transport hazardous materials by ‘‘Automated Driving Systems’’ for on- transportation modes, in addition to surface mode in compliance with the road motor vehicles developed by SAE coordinating with State and local HMR, and to identify requirements International (see SAE J3016, September governments and authorities to ensure within the HMR which may impede the 2016) and adopted by DOT. the safe movement of hazardous integration of this technology. The SAE definitions divide vehicles materials by highway and rail in or into levels based on ‘‘who does what, III. Special Permit Program Allows around local communities. when.’’ Generally: Federal hazardous materials law Regulatory Flexibility To Foster • At SAE Level 0, the driver does authorizes the Secretary to ‘‘prescribe Innovation everything. • regulations for the safe transportation, PHMSA safely incorporates At SAE Level 1, an automated including security, of hazardous technological innovation through its system on the vehicle can sometimes materials in intrastate, interstate, and special permit (SP) program. SPs set assist the driver conduct some parts of forth alternative requirements—or a the driving task. foreign commerce.’’ 49 U.S.C. • 5103(b)(1). The Secretary has delegated variance—to the requirements in the At SAE Level 2, an automated this authority to PHMSA in 49 CFR HMR in a manner that achieves an system on the vehicle can actually 1.97(b). The HMR are designed to equivalent level of safety to that conduct some parts of the driving task, achieve three primary goals: (1) Help required under the regulations, or if a while the driver continues to monitor ensure that hazardous materials are required safety level does not exist, that the driving environment and performs packaged and handled safely and is consistent with the public interest. the rest of the driving task. • At SAE Level 3, an automated securely during transportation; (2) PHMSA’s Approvals and Permits system can both actually conduct some provide effective communication to Division is responsible for the issuance parts of the driving task and monitor the transportation workers and emergency of DOT SPs. Specifically, SPs are issued driving environment in some instances, responders of the hazards of the by PHMSA under 49 CFR part 107, but the driver must be ready to take materials being transported; and (3) subpart B. back control when the automated minimize the consequences of an The HMR often provide performance- based standards and, as such, provide system requests. accident or incident should one occur. • At SAE Level 4, an automated The hazardous materials regulatory the regulated community with some flexibility in meeting safety system can conduct the driving task and system is a risk management system that monitor the driving environment, and is prevention-oriented and focused on requirements. Even so, not every transportation situation can be the driver need not take back control, identifying safety or security hazards but the automated system can operate and reducing the probability and anticipated and covered under the regulations. The hazardous materials only in certain environments and under consequences of a hazardous material certain conditions. release. community is at the cutting edge of • development of new materials, At SAE Level 5, the automated Under the HMR, hazardous materials system can perform all driving tasks, are categorized into hazard classes and technologies, and innovative ways of moving hazardous materials. Innovation under all conditions that a driver could packing groups based on analysis of and perform them. experience with the risks they present strengthens our economy, and new during transportation. The HMR: (1) technologies and operational techniques V. Questions may enhance safety. Thus, SPs provide Specify appropriate packaging and PHMSA requests comments on the a mechanism for testing and using new handling requirements for hazardous implications of the development, materials based on this classification technologies, promoting increased transportation efficiency and 3 See https://www.nhtsa.gov/sites/nhtsa.dot.gov/ 2 See https://www.gpo.gov/fdsys/pkg/FR-2018-03- productivity, and ensuring global files/documents/13069a-ads2.0_090617_v9a_ 22/pdf/2018-05785.pdf. competitiveness without compromising tag.pdf.

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13466 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

testing, and integration of automated 8. Do HMR requirements that relate to amending regulations governing the technologies for surface modes (i.e., the operation of surface automated utilization of purse seine vessel capacity highway and rail) on both the HMR and vehicles carrying hazardous materials limits associated with the Regional the general transport of hazardous present different challenges than those Vessel Register of the Inter-American materials. that relate to ancillary tasks, such as Tropical Tuna Commission. This Specifically, PHMSA asks: inspections and packaging advance notice of proposed rulemaking 1. What are the safety, regulatory, and requirements? (ANPR) is intended to provide notice to policy implications of the design, 9. How will the behavioral responses the public of our planning efforts and testing, and integration of surface of road and railway users change with request comment that will assist in automated vehicles on the requirements the integration of surface automated identifying revised administrative in the HMR? Please include any vehicle technologies? What will the processes to improve the efficient potential solutions PHMSA should reaction be to automated vehicles or rail utilization and management of capacity consider. cars with markings denoting the limits. This information will help 2. What are potential regulatory presence of hazardous materials? inform our evaluation of what, if any, incompatibilities between the HMR and 10. What solutions could PHMSA regulatory amendments are necessary a future surface transportation system consider to address potential future and advisable. that incorporates automated vehicles? regulatory incompatibilities between the DATES: Comments must be submitted in Specific HMR areas could include but HMR and surface automated vehicle writing by April 30, 2018. are not limited to: technologies? ADDRESSES: You may submit comments (a) Emergency response information and 11. What should PHMSA consider on this document, identified by NOAA- hazard communication when reviewing applications for special NMFS-2018-0030, by any of the (b) Packaging and handling permits seeking regulatory flexibility to requirements, including pre- following methods: allow for the transport of hazardous • Electronic Submission: Submit all transportation functions materials using automated technologies (c) Incident response and reporting electronic public comments via the for surface modes? Federal e-Rulemaking Portal. Go to (d) Safety and security plans (e.g., en 12. When considering long-term route security) www.regulations.gov/ solutions to challenges the HMR may #!docketDetail;D=NOAA-NMFS-2018- (e) Modal requirements (e.g., highway present to the development, testing, and and rail) 0030, click the ‘‘Comment Now!’’ icon, integration of surface automated complete the required fields, and enter 3. Are there specific HMR vehicles, what information and other requirements that would need or attach your comments. factors should PHMSA consider? • Mail: Attn: Heidi Taylor, Highly modifications to become performance- 13. What should PHMSA consider based standards that can accommodate Migratory Species Branch Chief, NMFS when developing future policy, West Coast Region, 501 W Ocean Blvd., an automated vehicle operating in a guidance, and regulations for the safe surface transportation system? Suite 4200, Long Beach, CA 90802. transportation of hazardous materials in Include the identifier ‘‘NOAA–NMFS– 4. What automated surface surface transportation systems? transportation technologies are under 2018–0030’’ in the comments. development that are expected to be Signed in Washington, DC, on March 23, Instructions: Comments sent by any relevant to the safe transport of 2018. other method, to any other address or hazardous materials, and how might Drue Pearce, individual, or received after the end of they be used in a surface transportation Deputy Administrator, Pipeline and the comment period, may not be system? Hazardous Materials Safety Administration. considered by NMFS. All comments 5. Under what circumstances do [FR Doc. 2018–06290 Filed 3–28–18; 8:45 am] received are a part of the public record freight operators envision the BILLING CODE 4910–60–P and will generally be posted for public transportation of hazardous materials in viewing on www.regulations.gov commerce using surface automated without change. All personal identifying vehicles within the next 10 years? DEPARTMENT OF COMMERCE information (e.g., name, address, etc.), (a) To what extent do the HMR restrict confidential business information, or the use of surface automated vehicles National Oceanic and Atmospheric otherwise sensitive information in the transportation of hazardous Administration submitted voluntarily by the sender will materials in non-bulk packaging in be publicly accessible. NMFS will parcel delivery and less-than- 50 CFR Part 300 accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish truckload freight shipments by [Docket No. 171227999–8273–01] commercial motor vehicles? to remain anonymous). (b) To what extent do the HMR restrict RIN 0648–BH48 FOR FURTHER INFORMATION CONTACT: the use of surface automated vehicles Daniel Studt, NMFS West Coast Region, in the transportation of hazardous Tuna Conventions Act; Advance 562–980–4073. Notice of Rulemaking; Regulatory materials in bulk packaging by rail SUPPLEMENTARY INFORMATION: and commercial motor vehicles? Amendments to Procedures for the Active and Inactive Vessel Register 6. What issues do automated Background on the IATTC technologies raise in hazardous AGENCY: National Marine Fisheries The United States is a member of the materials surface transportation that are Service (NMFS), National Oceanic and Inter-American Tropical Tuna not present for human drivers or Atmospheric Administration (NOAA), Commission (IATTC), which was operators that PHMSA should address? Commerce. established under the 1949 Convention 7. How might potential changes to the ACTION: Advance notice of proposed for the Establishment of an Inter- HMR for integration of surface rulemaking; request for comment. American Tropical Tuna Commission. automated vehicle technologies impact In 2003, the IATTC adopted the current requirements for human drivers SUMMARY: The National Marine Convention for the Strengthening of the or operators (i.e., training)? Fisheries Service (NMFS) is considering IATTC Established by the 1949

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules 13467

Convention between the United States Resolution further specified that each Register. Over the last 5 years, an of America and the Republic of Costa Member and Cooperating Non-Member average of 17 small U.S. purse seine Rica (Antigua Convention). The Antigua was allocated a purse seine vessel vessels have utilized 1,945 m3 of Convention entered into force in 2010. capacity limit by the IATTC based on capacity. The United States acceded to the historical fishing levels in the EPO, the This combination of interest by large Antigua Convention on February 24, level of tuna stocks, and other relevant and small purse seine vessel has led to 2016. The full text of the Antigua factors. Pursuant to C–02–03, the United the U.S. capacity on the Register to Convention is available at: https:// States was allocated a purse seine become fully allocated in recent years, www.iattc.org/PDFFiles2/Antigua_ capacity limit of 31,866 cubic meters such that no additional vessels could be Convention_Jun_2003.pdf. (m3). Each U.S. purse seine vessel listed added to the Register. The total capacity The IATTC consists of 21 Members on the Register, either as active or of requested vessels have exceeded the and five Cooperating Non-Members and inactive, counts towards this U.S. available capacity and NMFS facilitates the conservation and capacity limit, except those utilizing a anticipates this trend may continue. management of highly migratory species single-trip option exemption as Thus, NMFS seeks to re-examine the of fish in the IATTC Convention Area described at 50 CFR 300.22(b)(1). administrative processes associated (Convention Area), as well as with the Register to ensure that capacity conducting scientific research on these Background on the Pacific Purse Seine is being utilized to the full extent species. The Convention Area is defined Fleet possible in the most effective way for as the waters of the eastern Pacific Since 1971, the number of large both large and small purse seine vessels. Ocean (EPO) within the area bounded (greater than 400 short tons (st) or 362.8 U.S. Regulations on the Regional Vessel by the west coast of the Americas, the metric tons (mt) carrying capacity) U.S. Register 50° N latitude, the 150° W longitude, purse seine vessels fishing for tuna in and the 50° S latitude. the EPO has decreased from over 155 to NMFS has implemented regulations an average of 10 active and inactive governing U.S. purse seine vessels on Obligations of the United States Under large U.S purse seine vessels over the the Register at 50 CFR 300.22(b). These the IATTC Convention past five years, utilizing an average of regulations include the process for how As a Party to the Antigua Convention roughly 18,209 m3 of capacity. Most of vessel owners or managing owners and a member of the IATTC, the United the U.S. vessels that historically fished request a purse seine vessel be added to States is legally bound to implement in the EPO have either re-flagged or are the Register, including when and how to certain decisions of the IATTC. The now active in the Western and Central submit such a request; when and how Tuna Conventions Act (16 U.S.C. 951 et Pacific Ocean (WCPO), fishing under to obtain the appropriate vessel and seq.), as amended on November 5, 2015, the Western and Central Pacific operator permits; pay the vessel by Title II of Public Law 114–81, directs Fisheries Commission and a treaty assessment fee; and how vessels that the Secretary of Commerce, in between the United States and certain permitted and authorized under an consultation with the Secretary of State Pacific Island States (the Treaty on alternative international tuna purse and, with respect to enforcement Fisheries between the Governments of seine fisheries management regime in measures, the Secretary of the Certain Pacific Island States and the the Pacific Ocean may utilize a one-trip Department of Homeland Security, may Government of the United States of option into the EPO while being promulgate such regulations as may be America, also known as the South exempted from the requirement to be necessary to carry out the United States’ Pacific Tuna Treaty (SPTT)). The included on the Register. The international obligations under the number of vessels in the U.S. WCPO regulations also address processes for Antigua Convention, including purse seine fishery has also gradually removing a vessel from the Register and recommendations and decisions decreased; shrinking from the late 1990s for replacing those vessels, and adopted by the IATTC. The Secretary of until 2006, and it has fluctuated since. establishes criteria to deem requests for Commerce’s authority to promulgate In recent years, the U.S. WCPO purse active status as ‘‘frivolous’’ for vessels such regulations has been delegated to seine fleet has included an average of 37 that occupy U.S. capacity on the NMFS. vessels, with a maximum of 40 vessels Register but do not actually fish in a In June 2000, the IATTC adopted allowed to fish under the SPTT. These given year. Furthermore, the regulations Resolution C–00–06: Resolution on a 37 vessels amount to roughly 55,000 m3 lay out the prioritization of requests Regional Vessel Register. This of carrying capacity for reference. following a specified hierarchy. Resolution has been amended, In the last few years, changing Requests for active status are including most recently through operating conditions in the WCPO and prioritized according to the hierarchy adoption of Resolution C–14–01, which an increase in the costs assessed to U.S. listed at 50 CFR 300.22(b)(4)(i)(C). In requires that Members submit a list of purse seiners for fishing under the SPTT general, the requests are prioritized in all vessels authorized to fish in the EPO has led to an increased number of large the following order: Vessels that were to be listed on a Regional Vessel purse seine vessels seeking to be added listed as active on the Register in the Register (Register). Purse seine vessels to the IATTC Register. In 2016, 17 of the previous year, vessels that were listed as are further categorized on the Register as 37 purse seiners authorized to fish in inactive on the Register in the previous either ‘‘active’’ or ‘‘inactive and sunk’’ the WCPO also fished in the EPO, which year, vessels not listed on the Register (inactive). Recognizing concerns of means they either utilized capacity on in the previous year prioritized on a excess fishing capacity, the IATTC in the Active Register or fished under the first-come, first-serve basis, and vessels 2002 adopted Resolution C–02–03: single-trip option exemption. which were previously listed on the Resolution on the Capacity of the Tuna Additionally, since 2014, small (less Register as active in a given year but Fleet Operating in the Eastern Pacific than or equal to 400 st or 362.8 mt have been determined to have made a Ocean (Revised). The Resolution carrying capacity) coastal purse seiners frivolous request. established a vessel capacity limit of have had increased opportunities for Requests for active status are 158,000 cubic meters for all purse seine catching tuna locally, leading to a considered ‘‘frivolous’’ if, for a vessel vessels authorized by the IATTC to fish growing number of small purse seine categorized as active in a given calendar for tuna species in the EPO. The vessels utilizing active capacity on the year, less than 20 percent of the vessel’s

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13468 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Proposed Rules

total landings, by weight, in that same input on whether to restrict the current and the NMFS website http:// year is comprised of tuna harvested by practice that allows vessels to be www.westcoast.fisheries.noaa.gov/ purse seine in the Convention Area, or continually listed as inactive, to fisheries/migratory_species/regional_ the vessel did not fish for tuna at all in improve the utilization of the U.S. purse vessel_register.html. the Convention Area in that same year. seine capacity limit by vessels that will Some exceptions to this apply. actually fish. Request for Comment The frivolous request provisions Lastly, NMFS intends to issue a NMFS is soliciting comments from apply only to large purse seine vessels. technical correction to existing U.S. the public to help determine what, if These provisions are intended to regulations to correct the regulatory any, regulatory amendments could make prevent large purse seine vessel owners carrying capacity to match that on management of U.S. tuna purse seine who do not have intent to fish in the record with the IATTC. A vessel which vessels on the IATTC Regional Vessel Convention Area from requesting listing historically fished in the EPO prior to on the Register and occupying assigned 2002, and whose carrying capacity was Register more effective. Comments may capacity that may otherwise be utilized used in the initial capacity calculations include suggestions to improve the by active fishing vessels. Small purse for allotment to the United States, had procedure for making requests to add seine vessels are not subject to the its blueprints re-examined by the IATTC vessels to the Register, for the frivolous request provisions because and was found to have had an identification of ‘‘frivolous requests for owners of small vessels tend to have additional 91 m3 of carrying capacity active status’’ and management of such difficulty anticipating whether than what was used in the initial requests, or how the hierarchy of unassociated schools of tuna will calculation. The IATTC recognized that prioritization of requests should be migrate within the range of the vessels this re-examination increased the structured to allow for capacity to be off the U.S. West Coast during the United States’ historical capacity, and utilized to the full extent possible in the summer months in the upcoming year. revised their accounting of U.S. capacity most effective way. NMFS will fully Frivolous requests criteria may need to to reflect this. NMFS would, therefore, consider all relevant information and be reexamined to ensure full utilization correct the capacity of 31,775 m3 cited comments received, and if necessary, of the U.S. capacity limit. in our domestic regulations to reflect the issue proposed regulatory amendments Additionally, there is no time limit for IATTC’s updated accounting that the for further consideration. how long a vessel may remain on the U.S. capacity allotment is 31,866 m3. Authority: Tuna Conventions Act of 1973, Register as inactive, provided the vessel For additional information on current as amended (16 U.S.C. 1531 et seq.). owner or managing owner requests this regulations pertaining to the Register status every year and pays the and procedures for purse seine vessels Dated: March 26, 2018. associated vessel assessment. Since to be authorized to fish for tuna and Alan D. Risenhoover, 2015, a single large purse seine vessel tuna-like species in the EPO, please see Acting Deputy Assistant Administrator for has been on the Register as inactive, the compliance guide located at http:// Regulatory Programs, National Marine occupying 1,523 m3 of capacity that www.westcoast.fisheries.noaa.gov/ Fisheries Service. would otherwise be available for publications/fisheries/migratory_ [FR Doc. 2018–06373 Filed 3–28–18; 8:45 am] actively fishing vessels. NMFS seeks species/iattc-rvr-compliance-guide.pdf BILLING CODE 3510–22–P

VerDate Sep<11>2014 15:13 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4702 Sfmt 9990 E:\FR\FM\29MRP1.SGM 29MRP1 rmajette on DSKBCKNHB2PROD with PROPOSALS 13469

Notices Federal Register Vol. 83, No. 61

Thursday, March 29, 2018

This section of the FEDERAL REGISTER through Friday, except holidays. To be document. Based on the group’s contains documents other than rules or sure someone is there to help you, discussions, as well as proposed rules that are applicable to the please call (202) 799–7039 before recommendations from an internal public. Notices of hearings and investigations, coming. review, we determined that the Program committee meetings, agency decisions and Standards needed to undergo a number rulings, delegations of authority, filing of FOR FURTHER INFORMATION CONTACT: Dr. petitions and applications and agency Tracy Nichols, Staff Officer, Cervid of revisions. statements of organization and functions are Health Team, Surveillance, We are advising the public that we examples of documents appearing in this Preparedness, and Response Services, have prepared a revised version of the section. VS, APHIS, USDA, 2150 Centre Avenue, CWD Program Standards. The proposed Bldg. B, Fort Collins, CO 80526; (970) revisions include the following: • Revising the goal statement to focus 494–7380. DEPARTMENT OF AGRICULTURE on reducing the risk of interstate SUPPLEMENTARY INFORMATION: transmission of CWD. Chronic wasting disease (CWD) is a Animal and Plant Health Inspection • Clarifying that the Program transmissible spongiform Service Standards include detailed descriptions encephalopathy of cervids (members of of suggested methods approved by the [Docket No. APHIS–2018–0011] Cervidae, the deer family). Species APHIS Administrator to meet the currently known to be susceptible to Notice of Availability of Proposed regulatory requirements. CWD include elk, mule deer, moose, • Making definitions of terms in the Changes to the Chronic Wasting white-tailed deer, sika deer, muntjac, Program Standards consistent with the Disease Herd Certification Program reindeer, and black-tailed deer. official definitions in the regulations. Standards In 2014, the Animal and Plant Health • Describing APHIS’ intent to amend Inspection Service (APHIS) AGENCY: Animal and Plant Health the regulations to define susceptible implemented the National CWD Herd Inspection Service, USDA. species based on scientific evidence of Certification Program (HCP), a voluntary ACTION: Notice of availability. natural infection or experimental Federal-State-industry cooperative infections through natural routes and SUMMARY: We are advising the public program administered by APHIS and adding the genera Rangifer and that we are making available for review implemented by participating States. Muntiacus to the list of susceptible and comment a revised version of the Currently, 28 States participate in the species. Chronic Wasting Disease (CWD) Herd program. States and herd owners • Providing support for implementing Certification Program Standards. The choosing to participate must comply antemortem immunohistochemistry CWD Program Standards provide with the provisions of 9 CFR parts 55 testing of rectal anal mucosa associated guidance on how to meet CWD Herd and 81 (referred to below as the lymphoid tissue (RAMALT) and medial Certification Program and interstate regulations), which include retropharyngeal lymph node (MRPLN) movement requirements. We are taking requirements for animal identification, biopsies conducted as a whole-herd test this action to address concerns of State interstate movement, fencing, concurrently with genotyping at Prion and industry participants about the recordkeeping, herd inspections and Protein Gene (PRNP) codon 96 in white- existing standards. inventories, animal mortality testing, tailed deer in traceback, traceforward, and response to any findings of CWD- DATES: We will consider all comments and CWD-exposed herds and for disease exposed, -suspect, or -positive herds. that we receive on or before April 30, management in CWD-positive herds. APHIS monitors the approved State • 2018. Providing support for initiating HCPs to ensure consistency with pilot projects using RAMALT and ADDRESSES: You may submit comments Federal standards by means of annual MRPLN biopsies conducted by either of the following methods: State reporting. With each year of concurrently with genotyping at PRNP • Federal eRulemaking Portal: Go to successful surveillance, participating codon 132 in elk in traceback, http://www.regulations.gov/#!docket herds will advance in status. After 5 traceforward, and CWD-exposed herds Detail;D=APHIS-2018-0011. years with no evidence of CWD, APHIS and for disease management in CWD- • Postal Mail/Commercial Delivery: will certify the herd as being low risk positive herds to inform decisions about Send your comment to Docket No. for CWD. Only captive cervids from testing protocols. APHIS–2018–0011, Regulatory Analysis enrolled herds certified as low risk for • Clarifying the definitions and and Development, PPD, APHIS, Station CWD may move interstate. processes for performing 3A–03.8, 4700 River Road Unit 118, The CWD Program Standards provide epidemiological investigations. Riverdale, MD 20737–1238. detailed guidance on how to meet the • Replacing Appendix VI with a Supporting documents and any regulatory requirements referred to worksheet that States must submit for comments we receive on this docket above. An annual review of the Program all positive herds enrolled in the HCP as may be viewed at http:// Standards is conducted by APHIS in part of their annual HCP report. www.regulations.gov/#!docket collaboration with State agencies and Additionally, for any herd for which Detail;D=APHIS-2018-0011 or in our industry representatives. Federal indemnity is to be paid, a reading room, which is located in Room In response to concerns expressed by preliminary and final worksheet must 1141 of the USDA South Building, 14th industry and State partners about the have been completed as part of the herd Street and Independence Avenue SW, existing CWD Program Standards, plan by a State representative. Washington, DC. Normal reading room published in 2014, we convened a • Describing the factors that APHIS hours are 8 a.m. to 4:30 p.m., Monday working group in 2016 to review the will consider when making decisions

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13470 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

about providing indemnity for CWD- COMMISSION ON CIVIL RIGHTS the comments must be received in the positive, -exposed, and -suspect animals regional office within 30 days following and describing the relative priority of Notice of Public Meetings of the the meeting. Written comments may be each factor. Indiana Advisory Committee to the mailed to the Regional Programs Unit • Clarifying the consequences of poor U.S. Commission on Civil Rights Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, quality and missing post-mortem AGENCY: U.S. Commission on Civil IL 60615. They may also be faxed to the surveillance samples on herd status, as Rights. Commission at (312) 353–8324, or well as describing options States may ACTION: Announcement of meetings. consider as substitutions for these emailed to Carolyn Allen at callen@ samples. SUMMARY: Notice is hereby given, usccr.gov. Persons who desire additional information may contact the • Making the Program Standards pursuant to the provisions of the rules and regulations of the U.S. Commission Regional Programs Unit Office at (312) language consistent with that of the 353–8311. regulations by requiring CWD testing of on Civil Rights (Commission) and the Records generated from these all mortalities from certified herds, Federal Advisory Committee Act that meetings may be inspected and including at slaughter and on hunt the Indiana Advisory Committee reproduced at the Regional Programs facilities when animals remain under (Committee) will hold public meetings Unit Office, as they become available, the same ownership. on: Monday April 16th at 4 p.m. Eastern time; Wednesday May 9 at 3 p.m. both before and after the meeting. • Streamlining the description of Eastern time; and Monday May 21 at 4 Records of the meeting will be available fencing characteristics considered p.m. Eastern time. The purpose of these via www.facadatabase.gov under the necessary to prevent ingress and egress meetings is to prepare to release a Commission on Civil Rights, Indiana of cervids for HCP-enrolled herds. public report on voting rights in the Advisory Committee link (http:// • Eliminating Appendix II: Fencing state. www.facadatabase.gov/committee/ Requirements and References, and meetings.aspx?cid=247). Persons DATES: The meetings will be held on: making these scientific references • interested in the work of this Committee available upon request. Monday April 16, 2018 at 4 pm are directed to the Commission’s Eastern time; • Moving Part B, Section 5: Sanitary • website, http://www.usccr.gov, or may Wednesday May 9, 2018 at 3 pm contact the Regional Programs Unit Precautions and Biosecurity Practices Eastern time; and for Herd Plans and Depopulations to an • Office at the above email or street Monday May 21, 2018 at 4 pm address. appendix, and simplifying Eastern time. recommendations for premises Public Call Information: Dial: 888– Agenda: decontamination. 224–1065, Conference ID: 1818955. Welcome and Roll Call • Updating and streamlining FOR FURTHER INFORMATION CONTACT: Discussion: Voting Rights in Indiana Appendix IV: Guidelines for Melissa Wojnaroski, DFO, at Public Comment Environmental Contamination. [email protected] or 312–353– Future Plans and Actions • Consolidating the discussion of 8311. Adjournment carcass disposal options in the main SUPPLEMENTARY INFORMATION: Members Dated: March 26, 2018. body of the Program Standards and of the public can listen to the David Mussatt, deleting Appendix V: Carcass Disposal. discussion. These meetings are available Supervisory Chief, Regional Programs Unit. The revised Program Standards may to the public through the above listed [FR Doc. 2018–06352 Filed 3–28–18; 8:45 am] be viewed on the Regulations.gov toll free number. Any interested BILLING CODE P website or in our reading room. member of the public may call this (Instructions for accessing number and listen to the meetings. An Regulations.gov and information on the open comment period will be provided COMMISSION ON CIVIL RIGHTS location and hours of the reading room during each meeting to allow members are provided under the heading of the public to make a statement as Notice of Public Meeting of the Oregon ADDRESSES at the beginning of this time allows. The conference call Advisory Committee to the U.S. notice.) The documents are also operator will ask callers to identify Commission on Civil Rights available by contacting the person listed themselves, the organization they are AGENCY: under FOR FURTHER INFORMATION affiliated with (if any), and an email U.S. Commission on Civil CONTACT. address prior to placing callers into the Rights. After reviewing any comments we conference room. Callers can expect to ACTION: Announcement of meeting. receive on the proposed updates, we incur regular charges for calls they initiate over wireless lines, according to SUMMARY: Notice is hereby given, will publish a second notice in the pursuant to the provisions of the rules Federal Register announcing our their wireless plan. The Commission will not refund any incurred charges. and regulations of the U.S. Commission decision regarding the proposed on Civil Rights (Commission) and the changes. Callers will incur no charge for calls they initiate over land-line connections Federal Advisory Committee Act that Authority: 7 U.S.C. 8301–8317; 7 CFR to the toll-free telephone number. the Oregon Advisory Committee 2.22, 2.80, and 371.4. Persons with hearing impairments may (Committee) will hold a meeting via Done in Washington, DC, this 23rd day of also follow the proceedings by first web conference on Tuesday, April 3, March 2018. calling the Federal Relay Service at 1– 2018, from 1:00 p.m.–2:30 p.m. PST for Kevin Shea, 800–877–8339 and providing the the purpose of hearing public testimony Administrator, Animal and Plant Health Service with the conference call number on human trafficking issues in the state. Inspection Service. and conference ID number. DATES: The meeting will be held on [FR Doc. 2018–06341 Filed 3–28–18; 8:45 am] Members of the public are also Tuesday, April 3, 2018, at 1:00 p.m. BILLING CODE 3410–34–P entitled to submit written comments; PST.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13471

FOR FURTHER INFORMATION CONTACT: Ana available, both before and after the SUPPLEMENTARY INFORMATION: Members Victoria Fortes (DFO) at afortes@ meeting. Persons interested in the work of the public can listen to these usccr.gov or (213) 894–3437. of this Committee are directed to the discussions. The meetings are available SUPPLEMENTARY INFORMATION: Public Commission’s website, https:// to the public through the toll-free call- Call Information: (audio only) Dial: www.usccr.gov, or may contact the in number listed above. Any interested 888–708–5689, Conference ID: 1169274. Regional Programs Unit at the above member of the public may call this Web Access Information: (visual only) email or street address. number and listen to the meetings. An open comment period will be provided The online portion of the meeting may Agenda be accessed through the following link: during each meeting to allow members https://cc.readytalk.com/r/288pn2yb I. Welcome of the public to make a statement as 217b&eom. II. Approve Minutes From Previous time allows. The conference call Members of the public can listen to Meeting operator will ask callers to identify III. Presentations the discussion. This meeting is available themselves, the organization they are Colleen Owens, Senior Research to the public through the above listed affiliated with (if any), and an email Associate, Urban Institute toll-free number (audio only) and web address prior to placing callers into the Kathleen Maloney, Willamette conference room. Callers can expect to access link (visual only). Please use both University College of Law, Professor the call-in number and the web access incur regular charges for calls they and Author of Modern Slavery in initiate over wireless lines, according to link in order to follow the meeting. An Our Midst: A Human Rights Report open comment period will be provided their wireless plan. The Commission on Ending Human Trafficking in will not refund any incurred charges. to allow members of the public to make Oregon a statement as time allows. The Callers will incur no charge for calls Hayley Weedn, Co-author and they initiate over land-line connections conference call operator will ask callers Researcher for Human Trafficking & to identify themselves, the organization to the toll-free telephone number. Native Peoples in Oregon: A Human Persons with hearing impairments may they are affiliated with (if any), and an Rights email address prior to placing callers also follow the proceedings by first Christopher Carey, Researcher, calling the Federal Relay Service at 1– into the conference room. Callers can Portland State University expect to incur regular charges for calls 800–877–8339 and providing the IV. Public Comment Service with the conference call number they initiate over wireless lines, V. Next Steps according to their wireless plan. The and conference ID number. VI. Adjournment Members of the public are also Commission will not refund any entitled to submit written comments; incurred charges. Callers will incur no David Mussatt, the comments must be received in the charge for calls they initiate over land- Supervisory Chief, Regional Programs Unit. regional office within 30 days following line connections to the toll-free [FR Doc. 2018–06272 Filed 3–28–18; 8:45 am] the meeting. Written comments may be telephone number. Persons with hearing BILLING CODE P mailed to the Midwestern Regional impairments may also follow the Office, U.S. Commission on Civil Rights, proceedings by first calling the Federal 55 W. Monroe St., Suite 410, Chicago, Relay Service at 1–800–877–8339 and COMMISSION ON CIVIL RIGHTS IL 60615. They may also be faxed to the providing the Service with the Commission at (312) 353–8324, or conference call number and conference Notice of Public Meetings of the Ohio emailed to Carolyn Allen at callen@ ID number. Advisory Committee usccr.gov. Persons who desire Members of the public are entitled to AGENCY: U.S. Commission on Civil additional information may contact the make comments during the open period Rights. Midwestern Regional Office at (312) at the end of the meeting. Members of ACTION: Announcement of meeting. 353–8311. the public may also submit written Records generated from these SUMMARY: comments; the comments must be Notice is hereby given, meetings may be inspected and received in the Regional Programs Unit pursuant to the provisions of the rules reproduced at the Midwestern Regional within 30 days following the meeting. and regulations of the U.S. Commission Office, as they become available, both Written comments may be mailed to the on Civil Rights (Commission) and the before and after the meetings. Records of Western Regional Office, U.S. Federal Advisory Committee Act that the meetings will be available via Commission on Civil Rights, 300 North the Ohio Advisory Committee www.facadatabase.gov under the Los Angeles Street, Suite 2010, Los (Committee) will hold public meetings Commission on Civil Rights, Ohio Angeles, CA 90012. They may be faxed on Friday, April 13, 2018, at 10:00 a.m. Advisory Committee link (https:// to the Commission at (213) 894–0508, or EDT; and on Monday May 14th at 11:00 facadatabase.gov/committee/ emailed Ana Victoria Fortes at afortes@ a.m. EDT, for the purpose of discussing meetings.aspx?cid=268). Select usccr.gov. Persons who desire voting rights in Ohio. ‘‘meeting details’’ and ‘‘documents’’ to additional information may contact the DATES: The meetings will be held on: download. Persons interested in the Regional Programs Unit at (213) 894– • Friday, April 13, 2018 at 10:00 a.m. work of this Committee are directed to 3437. EDT the Commission’s website, http:// Records and documents discussed • Monday May 14, 2018 at 11:00 a.m. www.usccr.gov, or may contact the during the meeting will be available for EDT Midwestern Regional Office at the above public viewing prior to and after the email or street address. meeting at https://facadatabase.gov/ ADDRESSES: Public call information: committee/meetings.aspx?cid=270. Dial: 877–719–9795, Conference ID: Agenda 1067599. Please click on the ‘‘Meeting Details’’ Welcome and Introductions and ‘‘Documents’’ links. Records FOR FURTHER INFORMATION CONTACT: Project Discussion: ‘‘Civil Rights and generated from this meeting may also be Melissa Wojnaroski, DFO, at Voting in Ohio’’ inspected and reproduced at the [email protected] or 312–353– Public Comment Regional Programs Unit, as they become 8311. Future Plans and Actions

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13472 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Adjournment impairments may also follow the Whereas, the Foreign-Trade Zones Dated: March 26, 2018. proceedings by first calling the Federal (FTZ) Act provides for ‘‘ . . . the David Mussatt, Relay Service at 1–800–877–8339 and establishment . . . of foreign-trade providing the Service with the Supervisory Chief, Regional Programs Unit. zones in ports of entry of the United conference call number and conference [FR Doc. 2018–06353 Filed 3–28–18; 8:45 am] States, to expedite and encourage ID number. foreign commerce, and for other BILLING CODE P Members of the public are entitled to purposes,’’ and authorizes the Foreign- make comments during the open period Trade Zones Board to grant to qualified at the end of the meeting. Members of COMMISSION ON CIVIL RIGHTS corporations the privilege of the public may also submit written establishing foreign-trade zones in or comments; the comments must be Notice of Public Meeting of the Oregon adjacent to U.S. Customs and Border received in the Regional Programs Unit Advisory Committee to the U.S. Protection ports of entry; Commission on Civil Rights within 30 days following the meeting. Written comments may be mailed to the Whereas, the Board adopted the AGENCY: U.S. Commission on Civil Western Regional Office, U.S. alternative site framework (ASF) (15 Rights. Commission on Civil Rights, 300 North CFR Sec. 400.2(c)) as an option for the ACTION: Announcement of meeting. Los Angeles Street, Suite 2010, Los establishment or reorganization of Angeles, CA 90012. They may be faxed zones; SUMMARY: Notice is hereby given, to the Commission at (213) 894–0508, or Whereas, the Salt Lake City pursuant to the provisions of the rules emailed Ana Victoria Fortes at afortes@ and regulations of the U.S. Commission Corporation, grantee of Foreign-Trade usccr.gov. Persons who desire Zone 30, submitted an application to the on Civil Rights (Commission) and the additional information may contact the Board (FTZ Docket B–72–2017, Federal Advisory Committee Act that Regional Programs Unit at (213) 894– docketed November 16, 2017) for the Oregon Advisory Committee 3437. (Committee) will hold a meeting via Records and documents discussed authority to reorganize under the ASF web conference on Tuesday, April 17, during the meeting will be available for with a service area of Davis, Morgan, 2018, from 1:00 p.m.–2:30 p.m. PST for public viewing prior to and after the Salt Lake, Utah and Weber Counties, the purpose of hearing public testimony meeting at https://facadatabase.gov/ Utah and the cities of Brigham City, on human trafficking issues in the state. committee/meetings.aspx?cid=270. Corinne, Honeyville, Perry, Erda, DATES: The meeting will be held on Please click on the ‘‘Meeting Details’’ Grantsville, Lake Point, Mills Junction, Tuesday, April 17, 2018, at 1:00 p.m. and ‘‘Documents’’ links. Records Rush Valley, Stansbury Park, Stockton, PST. generated from this meeting may also be Terra, Tooele, Vernon, Heber City, ADDRESSES: inspected and reproduced at the Midway, Coalville, Deer Mountain, Public call information: (Audio only) Regional Programs Unit, as they become Echo, Francis, Henefer, Kamas, Kimball Dial: 888–708–5689, Conference ID: available, both before and after the Junction, Oakley, Park City, Peoa, 1169274. meeting. Persons interested in the work Samak, Silver Summit, Snyderville, Web access information: (Visual only) of this Committee are directed to the Wanship, Woodland and Mantua, Utah, The online portion of the meeting may Commission’s website, https:// in and adjacent to the Salt Lake City be accessed through the following link: www.usccr.gov, or may contact the U.S. Customs and Border Protection https://cc.readytalk.com/r/cm77egt Regional Programs Unit at the above port of entry, and FTZ 30’s existing Site 1kgp1&eom. email or street address. 2 would be categorized as a magnet site; FOR FURTHER INFORMATION CONTACT: Ana Agenda Whereas, notice inviting public Victoria Fortes (DFO) at afortes@ comment was given in the Federal usccr.gov or (213) 894–3437. I. Welcome II. Presentation Register (82 FR 55557, November 22, SUPPLEMENTARY INFORMATION: Members III. Public Comment 2017) and the application has been of the public can listen to the IV. Next Steps processed pursuant to the FTZ Act and discussion. This meeting is available to V. Adjournment the Board’s regulations; and, the public through the above listed toll- Dated: February 13, 2018. free number (audio only) and web Whereas, the Board adopts the David Mussatt, access link (visual only). Please use both findings and recommendations of the the call-in number and the web access Supervisory Chief, Regional Programs Unit. examiner’s report, and finds that the link in order to follow the meeting. An [FR Doc. 2018–06273 Filed 3–28–18; 8:45 am] requirements of the FTZ Act and the open comment period will be provided BILLING CODE P Board’s regulations are satisfied; to allow members of the public to make Now, therefore, the Board hereby a statement as time allows. The orders: conference call operator will ask callers DEPARTMENT OF COMMERCE to identify themselves, the organization The application to reorganize FTZ 30 they are affiliated with (if any), and an Foreign-Trade Zones Board under the ASF is approved, subject to email address prior to placing callers [Order No. 2050] the FTZ Act and the Board’s regulations, into the conference room. Callers can including Section 400.13, to the Board’s expect to incur regular charges for calls Reorganization of Foreign-Trade Zone standard 2,000-acre activation limit for they initiate over wireless lines, 30 Under Alternative Site Framework; the zone, and to an ASF sunset according to their wireless plan. The Salt Lake City, Utah provision for magnet sites that would Commission will not refund any terminate authority for Site 2 if not Pursuant to its authority under the Foreign- incurred charges. Callers will incur no Trade Zones Act of June 18, 1934, as activated within five years from the charge for calls they initiate over land- amended (19 U.S.C. 81a–81u), the Foreign- month of approval. line connections to the toll-free Trade Zones Board (the Board) adopts the telephone number. Persons with hearing following Order:

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13473

Dated: March 23, 2018. closing period for their receipt is May 8, DEPARTMENT OF COMMERCE Gary Taverman, 2018. Deputy Assistant Secretary for Antidumping A copy of the notification will be Foreign-Trade Zones Board and Countervailing Duty Operations, available for public inspection at the performing the non-exclusive functions and [Order No. 2049] duties of the Assistant Secretary for Office of the Executive Secretary, Foreign-Trade Zones Board, Room Enforcement and Compliance Alternate Expansion of Foreign-Trade Zone 241; Chairman, Foreign-Trade Zones Board. 21013, U.S. Department of Commerce, (Expansion of Service Area) Under 1401 Constitution Avenue NW, [FR Doc. 2018–06354 Filed 3–28–18; 8:45 am] Alternative Site Framework; Fort Washington, DC 20230–0002, and in the BILLING CODE 3510–DS–P Lauderdale, Florida ‘‘Reading Room’’ section of the Board’s website, which is accessible via Pursuant to its authority under the Foreign- DEPARTMENT OF COMMERCE www.trade.gov/ftz. Trade Zones Act of June 18, 1934, as amended (19 U.S.C. 81a–81u), the Foreign- Foreign-Trade Zones Board For further information, contact Juanita Chen at [email protected] Trade Zones Board (the Board) adopts the [B–18–2018] or 202–482–1378. following Order: Foreign-Trade Zone (FTZ) 26—Atlanta, Dated: March 23, 2018. Whereas, the Foreign-Trade Zones Georgia; Notification of Proposed Andrew McGilvray, (FTZ) Act provides for ‘‘ . . . the Production Activity; PBR, Inc. d/b/a/ Executive Secretary. establishment . . . of foreign-trade zones in ports of entry of the United SKAPS Industries (Non-Woven [FR Doc. 2018–06350 Filed 3–28–18; 8:45 am] Geotextiles); Athens, Georgia States, to expedite and encourage BILLING CODE 3510–DS–P foreign commerce, and for other PBR, Inc. d/b/a/SKAPS Industries purposes,’’ and authorizes the Foreign- (SKAPS) submitted a notification of DEPARTMENT OF COMMERCE Trade Zones Board to grant to qualified proposed production activity to the FTZ corporations the privilege of Board for its facility in Athens, Georgia. Foreign-Trade Zones Board establishing foreign-trade zones in or The notification conforming to the adjacent to U.S. Customs and Border requirements of the regulations of the Protection ports of entry; FTZ Board (15 CFR 400.22) was [B–74–2017] received on March 9, 2018. Whereas, the Board adopted the SKAPS’ facility is located within Site Foreign-Trade Zone (FTZ) 204—Tri- alternative site framework (ASF) (15 29 of FTZ 26. The facility currently has Cities, Tennessee; Authorization of CFR Sec. 400.2(c)) as an option for the authority to produce non-woven Production Activity; Eastman Chemical establishment or reorganization of geotextile fabric using polypropylene Company (Acetic Anhydride and zones; staple fiber (PPSF) for a five-year period Acetic Acid); Kingsport, Tennessee Whereas, the City of Fort Lauderdale, (until August 23, 2018) subject to a grantee of Foreign-Trade Zone 241, restriction requiring admission of all On November 21, 2017, the Tri-Cities submitted an application to the Board foreign-status PPSF to the zone under Airport Authority, grantee of FTZ 204, (FTZ Docket B–49–2017, docketed privileged foreign status (19 CFR submitted a notification of proposed August 2, 2017) for authority to expand 146.41). SKAPS’ current notification production activity to the FTZ Board on the service area of the zone to include would extend that restricted authority behalf of Eastman Chemical Company, a portion of Broward County known as indefinitely. within Site 12, in Kingsport, Tennessee. the Dania Cut, and to expand Subzone Pursuant to 15 CFR 400.14(b), FTZ The notification was processed in 241A, as described in the application, activity would be limited to the specific accordance with the regulations of the adjacent to the Port Everglades Customs foreign-status material and specific FTZ Board (15 CFR part 400), including and Border Protection port of entry; finished products described in the notice in the Federal Register inviting submitted notification (as described Whereas, notice inviting public below) and subsequently authorized by public comment (82 FR 56212, comment was given in the Federal the FTZ Board. November 28, 2017). On March 22, Register (82 FR 37192, August 9, 2017) Production under FTZ procedures 2018, the applicant was notified of the and the application has been processed could exempt SKAPS from customs FTZ Board’s decision that no further pursuant to the FTZ Act and the Board’s duty payments on the foreign-status review of the activity is warranted at regulations; and, material used in its export production of this time. The production activity Whereas, the Board adopts the non-woven geotextiles (duty-free). described in the notification was findings and recommendations of the SKAPS would be able to avoid duty on authorized, subject to the FTZ Act and examiner’s report, and finds that the foreign-status material which become the FTZ Board’s regulations, including requirements of the FTZ Act and the scrap/waste. Customs duties also could Section 400.14. Board’s regulations are satisfied; possibly be deferred or reduced on Dated: March 23, 2018. Now, therefore, the Board hereby foreign-status production equipment. Andrew McGilvray, The material sourced from abroad is orders: PPSF (duty rate 4.3%), which will be Executive Secretary. The application to reorganize FTZ 241 admitted to the zone in privileged [FR Doc. 2018–06348 Filed 3–28–18; 8:45 am] to expand the service area and to foreign status (19 CFR 146.41), thereby BILLING CODE 3510–DS–P expand Subzone 241A under the ASF is precluding inverted tariff benefits. approved, subject to the FTZ Act and Public comment is invited from the Board’s regulations, including interested parties. Submissions shall be Section 400.13, and to the Board’s addressed to the Board’s Executive standard 2,000-acre activation limit for Secretary at the address below. The the zone.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13474 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Dated: March 23, 2018. FTZ Board (15 CFR part 400), including processed pursuant to the FTZ Act and Gary Taverman, notice in the Federal Register inviting the Board’s regulations; and, Deputy Assistant Secretary for Antidumping public comment (82 FR 56210–56211, Whereas, the Board adopts the and Countervailing Duty Operations, November 28, 2017). On March 20, findings and recommendations of the performing the non-exclusive functions and 2018, the applicant was notified of the examiner’s report, and finds that the duties of the Assistant Secretary for FTZ Board’s decision that no further requirements of the FTZ Act and the Enforcement and Compliance Alternate review of the activity is warranted at Board’s regulations are satisfied; Chairman, Foreign-Trade Zones Board. this time. The production activity Now, therefore, the Board hereby [FR Doc. 2018–06349 Filed 3–28–18; 8:45 am] described in the notification was orders: BILLING CODE 3510–DS–P authorized, subject to the FTZ Act and The application to reorganize FTZ 124 the FTZ Board’s regulations, including to expand the service area under the Section 400.14. ASF is approved, subject to the FTZ Act DEPARTMENT OF COMMERCE and the Board’s regulations, including Dated: March 23, 2018. Section 400.13, and to the Board’s Foreign-Trade Zones Board Andrew McGilvray, standard 2,000-acre activation limit for [B–67–2017] Executive Secretary. the zone. [FR Doc. 2018–06347 Filed 3–28–18; 8:45 am] Dated: March 23, 2018. Foreign-Trade Zone (FTZ) 26—Atlanta, BILLING CODE 3510–DS–P Gary Taverman, Georgia; Authorization of Production Deputy Assistant Secretary for Antidumping Activity; Kubota North America and Countervailing Duty Operations, Corporation (Agricultural and Specialty DEPARTMENT OF COMMERCE performing the non-exclusive functions and Vehicles); Jefferson and Gainesville, duties of the Assistant Secretary for Georgia Foreign-Trade Zones Board Enforcement and Compliance Alternate Chairman, Foreign-Trade Zones Board. On November 15, 2017, Kubota North [Order No. 2048] [FR Doc. 2018–06355 Filed 3–28–18; 8:45 am] America Corporation submitted a BILLING CODE 3510–DS–P notification of proposed production Reorganization of Foreign-Trade Zone activity to the FTZ Board for its facility 124 (Expansion of Service Area) Under within Subzone 26P, in Jefferson and Alternative Site Framework; Gramercy, DEPARTMENT OF COMMERCE Gainesville, Georgia. Louisiana The notification was processed in Bureau of Industry and Security accordance with the regulations of the Pursuant to its authority under the Foreign- FTZ Board (15 CFR part 400), including Trade Zones Act of June 18, 1934, as Regulations and Procedures Technical notice in the Federal Register inviting amended (19 U.S.C. 81a–81u), the Foreign- Advisory Committee; Notice of public comment (82 FR 55800—55801, Trade Zones Board (the Board) adopts the Partially Closed Meeting following Order: November 24, 2017). On March 23, The Regulations and Procedures 2018, the applicant was notified of the Whereas, the Foreign-Trade Zones Technical Advisory Committee (RPTAC) FTZ Board’s decision that no further (FTZ) Act provides for ‘‘ . . . the will meet April 17, 2018, 9:00 a.m., review of the activity is warranted at establishment . . . of foreign-trade Room 3884, in the Herbert C. Hoover this time. The production activity zones in ports of entry of the United Building, 14th Street between described in the notification was States, to expedite and encourage Constitution and Pennsylvania Avenues authorized, subject to the FTZ Act and foreign commerce, and for other NW, Washington, DC. The Committee the FTZ Board’s regulations, including purposes,’’ and authorizes the Foreign- advises the Office of the Assistant Section 400.14. Trade Zones Board to grant to qualified Secretary for Export Administration on Dated: March 23, 2018. corporations the privilege of implementation of the Export Andrew McGilvray, establishing foreign-trade zones in or Administration Regulations (EAR) and adjacent to U.S. Customs and Border Executive Secretary. provides for continuing review to Protection ports of entry; update the EAR as needed. [FR Doc. 2018–06356 Filed 3–28–18; 8:45 am] Whereas, the Board adopted the BILLING CODE 3510–DS–P alternative site framework (ASF) (15 Agenda CFR Sec. 400.2(c)) as an option for the Public Session DEPARTMENT OF COMMERCE establishment or reorganization of zones; 1. Opening remarks by the Chairman 2. Opening remarks by the Bureau of Whereas, the Port of South Louisiana, Foreign-Trade Zones Board Industry and Security grantee of Foreign-Trade Zone 124, [B–73–2017] 3. Presentation of papers or comments submitted an application to the Board by the Public (FTZ Docket B–5–2017, docketed Foreign-Trade Zone (FTZ) 39—Dallas/ 4. Export Enforcement update January 10, 2017, amended February 22, Fort Worth, Texas; Authorization of 5. Regulations update 2017) for authority to expand the service Production Activity; Dallas Airmotive, 6. Working group reports area of the zone to include Plaquemines Inc (Aircraft Engine Refurbishment and 7. Automated Export System update and Assumption Parishes, Louisiana, as Disassembly); DFW Airport, Texas described in the amended application, Closed Session On November 20, 2017, Dallas adjacent to the Gramercy and New 8. Discussion of matters determined to Airmotive, Inc submitted a notification Orleans Customs and Border Protection be exempt from the provisions of proposed production activity to the ports of entry; relating to public meetings found in FTZ Board for its facility within FTZ Whereas, notice inviting public 5 U.S.C. app. 2 §§ 10(a)(1) and 39—Site 1, at DFW Airport, Texas. comment was given in the Federal 10(a)(3). The notification was processed in Register (82 FR 4841–4842, January 17, The open session will be accessible accordance with the regulations of the 2017) and the application has been via teleconference to 25 participants on

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13475

a first come, first serve basis. To join the Constitution Avenue NW, Washington, because we received no comments from conference, submit inquiries to Ms. DC 20230; telephone: (202) 482–9179. interested parties, Commerce continues Yvette Springer at Yvette.Springer@ SUPPLEMENTARY INFORMATION: to find that Perfiles is the successor-in- bis.doc.gov no later than April 10, 2018. interest to Perfiles y Herrajes. As a result A limited number of seats will be Background of this determination, we find that available for the public session. On November 13, 2017, Commerce Perfiles should receive the antidumping Reservations are not accepted. To the initiated this CCR and published the cash deposit rate applicable to Perfiles extent that time permits, members of the notice of expedited preliminary results, y Herrajes. Consequently, Commerce public may present oral statements to determining that Perfiles is the will instruct U.S. Customs and Border the Committee. The public may submit successor-in-interest to Perfiles y Protection to suspend liquidation of all written statements at any time before or Herrajes.1 In the Initiation and shipments of subject merchandise after the meeting. However, to facilitate Expedited Preliminary Results, produced or exported by Perfiles and the distribution of public presentation interested parties were provided an entered, or withdrawn from warehouse, materials to the Committee members, opportunity to comment and request a for consumption on or after the the Committee suggests that presenters public hearing regarding our publication date of this notice in the forward the public presentation preliminary finding that Perfiles is the Federal Register at 0.00 percent, which materials prior to the meeting to Ms. successor-in-interest to Perfiles y is the current antidumping duty cash- Springer via email. Herrajes. We received no comments deposit rate for Perfiles y Herrajes.2 This The Assistant Secretary for from interested parties nor was a public cash deposit requirement shall remain Administration, with the concurrence of hearing requested. in effect until further notice. the delegate of the General Counsel, Scope of the Order We are issuing this determination and formally determined on March 23, 2018, publishing these final results and notice pursuant to Section 10(d) of the Federal The merchandise subject to this order in accordance with sections 751(b)(1) Advisory Committee Act, as amended (5 is certain welded carbon-quality light- and 777(i)(1) and (2) of the Act, as U.S.C. app. 2 § 10(d)), that the portion walled steel pipe and tube, of amended, and 19 CFR 351.216 and rectangular (including square) cross of the meeting dealing with pre- 351.221(c)(3). section, having a wall thickness of less decisional changes to the Commerce than 4 mm. Dated: March 23, 2018. Control List and the U.S. export control The term carbon-quality steel Gary Taverman, policies shall be exempt from the includes both carbon steel and alloy Deputy Assistant Secretary for Antidumping provisions relating to public meetings steel which contains only small and Countervailing Duty Operations, found in 5 U.S.C. app. 2 § § 10(a)(1) and amounts of alloying elements. performing the non-exclusive functions and 10(a)(3). The remaining portions of the Specifically, the term carbon-quality duties of the Assistant Secretary for meeting will be open to the public. includes products in which none of the Enforcement and Compliance. For more information, call Yvette elements listed below exceeds the [FR Doc. 2018–06345 Filed 3–28–18; 8:45 am] Springer at (202) 482–2813. quantity by weight respectively BILLING CODE 3510–DS–P Yvette Springer, indicated: 1.80 percent of manganese, or Committee Liaison Officer. 2.25 percent of silicon, or 1.00 percent DEPARTMENT OF COMMERCE [FR Doc. 2018–06375 Filed 3–28–18; 8:45 am] of copper, or 0.50 percent of aluminum, or 1.25 percent of chromium, or 0.30 BILLING CODE 3510–JT–P percent of cobalt, or 0.40 percent of International Trade Administration lead, or 1.25 percent of nickel, or 0.30 [A–560–826] DEPARTMENT OF COMMERCE percent of tungsten, or 0.10 percent of molybdenum, or 0.10 percent of Monosodium Glutamate From International Trade Administration niobium, or 0.15 percent vanadium, or Indonesia: Final Results of 0.15 percent of zirconium. Antidumping Duty Administrative [A–201–836] The description of carbon-quality is Review; 2015–2016 intended to identify carbon-quality Light-Walled Rectangular Pipe and products within the scope. The welded AGENCY: Enforcement and Compliance, Tube From Mexico: Final Results of carbon-quality rectangular pipe and International Trade Administration, Changed Circumstances Review tube subject to this order is currently U.S. Department of Commerce. SUMMARY: The Department of Commerce AGENCY: classified under the Harmonized Tariff Enforcement and Compliance, (Commerce) determines that PT Cheil International Trade Administration, Schedule of the United States (HTSUS) subheadings 7306.61.50.00 and Jedang Indonesia (CJI), an exporter of Department of Commerce. monosodium glutamate (MSG) from SUMMARY: The Department of Commerce 7306.61.70.60. While HTSUS subheadings are provided for Indonesia, did not sell MSG at less than (Commerce) continues to find that fair value during the period of review Perfiles LM, S.A. de C.V. (Perfiles) is the convenience and customs purposes, our written description of the scope of this (POR) November 1, 2015, through successor-in-interest to Perfiles y October 31, 2016. Herrajes LM, S.A. de C.V. (Perfiles y order is dispositive. DATES: Applicable March 29, 2018. Herrajes) for purposes of determining Final Results of the Changed antidumping duty cash deposits and Circumstances Review FOR FURTHER INFORMATION CONTACT: Caitlin Monks or Joseph Traw, AD/CVD liabilities. For the reasons stated in the Initiation DATES: Applicable March 29, 2018. and Expedited Preliminary Results, and 2 Perfiles y Herrajes was assigned a 0.00 percent FOR FURTHER INFORMATION CONTACT: margin in the 2013–2014 administrative review of Madeline Heeren, AD/CVD Operations, 1 See Light-Walled Rectangular Pipe and Tube the antidumping duty order on LWRPT from from Mexico: Initiation and Expedited Preliminary Mexico. See Light-Walled Rectangular Pipe and Office VI, Enforcement and Compliance, Results of Changed Circumstances Review, 82 FR Tube from Mexico: Final Results of Antidumping International Trade Administration, 54322 (November 17, 2017) (Initiation and Duty Administrative Review; 2013–2014; 80 FR U.S. Department of Commerce, 1401 Expedited Preliminary Results). 69941 (November 12, 2015).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13476 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Operations, Office VII, Enforcement and (HTSUS) at subheading 2922.42.10.00. Assessment Rates Compliance, International Trade Merchandise covered by this order may Commerce shall determine, and U.S. Administration, U.S. Department of also enter under HTSUS subheadings Customs and Border Protection (CBP) Commerce, 1401 Constitution Avenue 2922.42.50.00, 2103.90.72.00, shall assess, antidumping duties on all NW, Washington, DC 20230; telephone: 2103.90.74.00, 2103.90.78.00, appropriate entries of subject (202) 482–2670 or (202) 482–6079, 2103.90.80.00, and 2103.90.90.91. These merchandise in accordance with the respectively. tariff classifications, CAS registry final results of this review, in numbers, and UNII numbers are SUPPLEMENTARY INFORMATION: accordance with section 751(a)(2)(C) of provided for convenience and customs the Act and 19 CFR 351.212(b). CJI’s Background purposes; however, the written weighted-average dumping margin in This review covers one exporter of the description of the scope is dispositive. these final results is zero percent. subject merchandise, CJI. On December Analysis of Comment Received Therefore, we will instruct CBP to 4, 2017, Commerce published the All issues raised in the sole case brief liquidate all appropriate entries without Preliminary Results of this regard to antidumping duties. 1 filed in this review are addressed in the administrative review. On January 12, Issues and Decision Memorandum.4 A Commerce intends to issue the 2017, we invited parties to submit appropriate assessment instructions for 2 list of issues addressed in the Issues and comments on the Preliminary Results. Decision Memorandum is appended to CJI to CBP 15 days after the date of On February 12, 2018, CJI filed a case this notice. The Issues and Decision publication of these final results. brief.3 No party requested a hearing nor Memorandum is a public document and Cash Deposit Requirements did any file a rebuttal brief. Commerce is available electronically via conducted this administrative review in The following deposit requirements Enforcement and Compliance’s will be effective for all shipments of accordance with section 751(a) of the Antidumping and Countervailing Duty Tariff Act of 1930, as amended (the Act). subject merchandise entered, or Centralized Electronic Services System withdrawn from warehouse, for (ACCESS). ACESS is available to Scope of the Order consumption on or after the date of registered users at http:// The merchandise covered by this publication of the final results of this access.trade.gov, and it is available to order is monosodium glutamate (MSG), administrative review, as provided for all parties in the Central Records Unit by section 751(a)(2)(C) of the Act: (1) whether or not blended or in solution of the main Commerce Building, room The cash deposit rate for CJI will be the with other products. Specifically, MSG B–8024. In addition, a complete version weighted-average dumping margin that has been blended or is in solution of the Issues and Decision listed above; (2) for previously reviewed with other product(s) is included in this Memorandum is also accessible on the or investigated companies not listed order when the resulting mix contains internet at http://enforcement.trade.gov/ above, the cash deposit rate will 15 percent or more of MSG by dry frn/index.html. The signed Issues and weight. Products with which MSG may Decision Memorandum and the continue to be the company-specific rate be blended include, but are not limited electronic versions of the Issues and published for the most recent period; (3) to, salts, sugars, starches, maltodextrins, Decision Memorandum are identical in if the exporter is not a firm covered in and various seasonings. Further, MSG is content. this review, a prior review, or the less- included in this order regardless of than-fair-value investigation, but the physical form (including, but not Changes Since the Preliminary Results manufacturer is, the cash deposit rate limited to, in monohydrate or Based on our analysis of the comment will be the rate established for the most anhydrous form, or as substrates, received, we made changes to our recent period for the manufacturer of solutions, dry powders of any particle normal value and margin calculations the merchandise; and, (4) if neither the size, or unfinished forms such as MSG for CJI. A complete discussion of these exporter nor the manufacturer is a firm slurry), end-use application, or changes can be found in the Issues and covered in this or any previous review, packaging. Decision Memorandum. These changes the cash deposit rate will be the all MSG in monohydrate form has a did not affect Commerce’s others rate for this proceeding, 6.19 molecular formula of C5H8NO4Na determination that sales of subject percent, as established in the less-than- -H2O, a Chemical Abstract Service merchandise by CJI were not made at fair-value investigation.5 These cash (CAS) registry number of 6106–04–3, prices less than normal value during the deposit requirements, when imposed, and a Unique Ingredient Identifier POR. shall remain in effect until further (UNII) number of W81N5U6R6U. MSG notice. in anhydrous form has a molecular Final Results of Review Disclosure formula of C5H8NO4 Na, a CAS registry Commerce determines that the number of l42–47–2, and a UNII number following weighted-average dumping We will disclose the calculations of C3C196L9FG. margin exists for entries of subject performed within five days of the date Merchandise covered by this order is merchandise that were produced and/or of publication of this notice to parties in currently classified in the Harmonized exported by the following company this proceeding, in accordance with 19 Tariff Schedule of the United States during the POR: CFR 351.224(b). Notification to Importers 1 See Monosodium Glutamate from Indonesia: Weighted- This notice also serves as a final Preliminary Results of Antidumping Duty Manufacturer/exporter average Administrative Review; 2015–2016, 82 FR 57221 margin reminder to importers of their (December 4, 2017) (Preliminary Results). (percent) responsibility under 19 CFR 2 See Memorandum to the File ‘‘Antidumping 351.402(f)(2) to file a certificate Duty Administrative Review of Monosodium PT Cheil Jedang Indonesia ...... 0.00 Glutamate from Indonesia: Case Brief Schedule,’’ regarding the reimbursement of January 12, 2017. 3 See CJ’s Case Brief ‘‘Monosodium Glutamate 4 See Issued and Decision Memorandum dated 5 See Monosodium Glutamate from the Republic (‘‘MSG’’) from Indonesia; 2nd Administrative concurrently with and hereby adopted by this of Indonesia: Final Determination of Sales at Less Review; CJ Case Brief,’’ dated February 12, 2018. notice. Than Fair Value 79 FR 58329 (September 29, 2014).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13477

antidumping duties prior to liquidation Compliance, International Trade ADDRESSES: The application and related of the relevant entries during this Administration, U.S. Department of documents are available for review by review period. Failure to comply with Commerce, 1401 Constitution Avenue selecting ‘‘Records Open for Public this requirement could result in the NW, Washington, DC 20230; telephone: Comment’’ from the ‘‘Features’’ box on Secretary’s presumption that (202) 482–4735. the Applications and Permits for reimbursement of antidumping duties SUPPLEMENTARY INFORMATION: Protected Species (APPS) home page, occurred and the subsequent assessment https://apps.nmfs.noaa.gov, and then of double antidumping duties. Background selecting File No. 21233 from the list of available applications. Administrative Protective Order On March 5, 2018, Commerce published its opportunity to request an These documents are also available This notice also serves as a reminder administrative review of antidumping upon written request or by appointment to parties subject to administrative and countervailing duty orders and in the Permits and Conservation protective order (APO) of their incorrectly listed the case number for Division, Office of Protected Resources, responsibility concerning the return or the countervailing duty order on NMFS, 1315 East-West Highway, Room destruction of proprietary information Amorphous Silica Fabric from the 13705, Silver Spring, MD 20910; phone disclosed under the APO in accordance People’s Republic of China.1 The correct (301) 427–8401; fax (301) 713–0376. with 19 CFR 351.305(a)(3), which case number for the countervailing duty Written comments on this application continues to govern business order on Amorphous Silica Fabric from should be submitted to the Chief, proprietary information in this segment The People’s Republic of China is C– Permits and Conservation Division, at of the proceeding. Timely written 570–039. This notice serves as a the address listed above. Comments may notification of the return or destruction correction notice. also be submitted by facsimile to (301) of APO materials or conversion to 713–0376, or by email to Dated: March 23, 2018. judicial protective order is hereby [email protected]. Please requested. Failure to comply with the James Maeder, include the File No. in the subject line regulations and the terms of an APO is Associate Deputy Assistant Secretary for of the email comment. a violation subject to sanction. Antidumping and Countervailing Duty Those individuals requesting a public Operations performing the duties of Deputy hearing should submit a written request Notification to Interested Parties Assistant Secretary for Antidumping and Countervailing Duty Operations. to the Chief, Permits and Conservation These final results are in accordance Division at the address listed above. The [FR Doc. 2018–06344 Filed 3–28–18; 8:45 am] with sections 751(a)(1) and 777(i)(1) of request should set forth the specific the Act and 19 CFR 351.213(h) and BILLING CODE 3510–DS–P reasons why a hearing on this 351.221(b)(5). application would be appropriate. Dated: March 23, 2018. DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Gary Taverman, Amy Hapeman or Erin Markin, (301) Deputy Assistant Secretary for Antidumping National Oceanic and Atmospheric 427–8401. and Countervailing Duty Operations, Administration SUPPLEMENTARY INFORMATION: The performing the non-exclusive functions and subject permit is requested under the duties of the Assistant Secretary for RIN 0648–XG104 authority of the Endangered Species Act Enforcement and Compliance. of 1973, as amended (ESA; 16 U.S.C. Appendix Endangered Species; File No. 21233 1531 et seq.) and the regulations governing the taking, importing, and Issues in the Decision Memorandum AGENCY: National Marine Fisheries exporting of endangered and threatened I. Summary Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), species (50 CFR parts 222–226). II. Background The SEFSC requests a ten-year permit III. Scope of the Order Commerce. to study sea turtles in the Atlantic IV. Discussion of the Issue ACTION: Notice; receipt of application. Comment: Ministerial Corrections to AD Ocean, Gulf of Mexico, and Caribbean Margin Calculations SUMMARY: Notice is hereby given that Sea including international waters. The V. Recommendation the NMFS Southeast Fisheries Center objectives of the research are to assess [FR Doc. 2018–06346 Filed 3–28–18; 8:45 am] (SEFSC), 75 Virginia Beach Drive, sea turtle populations for anthropogenic threats, abundance estimates, and BILLING CODE 3510–DS–P Miami, FL 33149 (Responsible Party: Theophilus Brainerd, Ph.D.), has population structure and mixing rates. applied in due form for a permit to take Animals for study would be directly DEPARTMENT OF COMMERCE loggerhead (Caretta caretta), Kemp’s captured by hand, hoop net, pound net, ridley (Lepidochelys kempii), green seine, cast net, tangle net, or trawl or International Trade Administration (Chelonia mydas), leatherback obtained for study from another legal source such as bycatch in a commercial [C–570–039] (Dermochelys coriacea), hawksbill (Eretmochelys imbricata), olive ridley fishery. Researchers would be Amorphous Silica Fabric From the (Lepidochelys olivacea), and authorized to examine, mark, image, People’s Republic of China: Correction unidentified sea turtles for purposes of collect morphometrics, collect a suite of to the Opportunity To Request scientific research. biological samples, and attach transmitters to live sea turtles before Administrative Review Notice DATES: Written, telefaxed, or email release. A subset of these animals may comments must be received on or before AGENCY: Enforcement and Compliance, also undergo hearing trials or April 30, 2018. International Trade Administration, laparoscopy and internal tissue Department of Commerce. sampling when transported and 1 FOR FURTHER INFORMATION CONTACT: See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity temporarily held in a facility before Brenda E. Waters, AD/CVD Operations, to Request Administrative Review, 83 FR 9284 release. The SEFSC requests a small Customs Liaison Unit, Enforcement and (March 5, 2018). number of unintentional mortalities,

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13478 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

and collection of these carcasses, for Special Accommodations and seek comment from the public each species that may result from The meeting is physically accessible about the Council’s consideration of capture activities. In addition, live to people with disabilities. Requests for splitting this amendment, by delaying animals may be harassed during vessel sign language interpretation or other some issues to be pursued via later and aerial surveys for species counts auxiliary aids should be directed to M. actions. and observation. Jan Saunders at the Mid-Atlantic DATES: Written comments must be Dated: March 26, 2018. Council Office (302) 526–5251 at least 5 received on or before April 30, 2018. Julia Harrison, days prior to the meeting date. ADDRESSES: You may submit comments Chief, Permits and Conservation Division, Dated: March 26, 2018. by any of the following methods: • Email: nmfs.flukeamendment@ Office of Protected Resources, National Tracey L. Thompson, Marine Fisheries Service. noaa.gov; Include ‘‘Summer Flounder Acting Deputy Director, Office of Sustainable Amendment Scoping Comments’’ in the [FR Doc. 2018–06376 Filed 3–28–18; 8:45 am] Fisheries, National Marine Fisheries Service. BILLING CODE 3510–22–P subject line; [FR Doc. 2018–06311 Filed 3–28–18; 8:45 am] • Mail: Christopher M. Moore, Ph.D., BILLING CODE 3510–22–P Executive Director, Mid-Atlantic DEPARTMENT OF COMMERCE Fishery Management Council, 800 N. State Street, Suite 201, Dover, DE 19901. National Oceanic and Atmospheric DEPARTMENT OF COMMERCE • Fax: (302) 674–5399. Administration National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Administration Christopher M. Moore, Ph.D., Executive RIN 0648–XG062 Director, Mid-Atlantic Fishery RIN 0648–XG018 Management Council, telephone: (302) Mid-Atlantic Fishery Management 526–5255. Council (MAFMC); Public Meetings Fisheries of the Northeastern United SUPPLEMENTARY INFORMATION: On States; Summer Flounder, Scup, and September 16, 2014, an NOI was AGENCY: National Marine Fisheries Black Sea Bass Fisheries; Scoping published in the Federal Register (79 Service (NMFS), National Oceanic and Process Atmospheric Administration (NOAA), FR 55432) announcing the Council’s Commerce. AGENCY: National Marine Fisheries intent to prepare an EIS for a broad ACTION: Notice of a public meeting. Service (NMFS), National Oceanic and management action addressing several Atmospheric Administration (NOAA), categories of summer flounder issues in SUMMARY: The Mid-Atlantic Fishery Commerce. the Summer Flounder, Scup, and Black Management Council’s (Council) ACTION: Supplemental notice of intent Sea Bass Fishery Management Plan Surfclam and Ocean Quahog Advisory (NOI) to prepare an environmental (FMP). The Council initiated this Panel will hold a public meeting. impact statement (EIS). Comprehensive Summer Flounder DATES: The meeting will be held on Amendment jointly with the Atlantic Friday, April 13, 2018, from 10 a.m. SUMMARY: The Mid-Atlantic Fishery States Marine Fisheries Commission to until 3 p.m. Management Council has been review all aspects of the FMP related to preparing an amendment to the Summer summer flounder. The amendment was ADDRESSES: The meeting will be held Flounder, Scup, and Black Sea Bass intended to consider updating the goals via internet Webinar. Detailed Fishery Management Plan, known as the and objectives of the FMP as related to connection details are available at ‘‘Comprehensive Summer Flounder summer flounder, revising the http://www.mafmc.org. To join the Amendment,’’ to modify aspects of the allocation between the commercial and Webinar, follow this link and enter the fishery management plan related to recreational sector, and modifying many online meeting room: http:// summer flounder commercial and management strategies and mafmc.adobeconnect.com/scoq2018ap/ recreational management. To avoid requirements for both commercial and Council address: Mid-Atlantic Fishery delaying the amendment while waiting recreational fisheries for summer Management Council, 800 North State for updated recreational information, flounder. Since publication of the Street, Suite 201, Dover, DE 19901; the Council is now splitting several original NOI, the Council has delayed telephone: (302) 674–2331. issues within this original action, development of recreational fishery FOR FURTHER INFORMATION CONTACT: including fishery management plan issues and recreational/commercial Christopher M. Moore Ph.D., Executive goals and objectives, commercial allocation and narrowed the remaining Director, Mid-Atlantic Fishery allocation, commercial moratorium range of issues to a more focused list of Management Council, 800 N. State permits, and commercial framework priority topics. Street, Suite 201, Dover, DE 19901; provisions into a separate action that The primary driver of this proposed telephone: (302) 526–5255. will continue to be developed as an EIS. split is the ongoing revisions to SUPPLEMENTARY INFORMATION: The The Council is taking comments on this recreational data by the Marine purpose of the meeting is to develop a modified action, which is now being Recreational Information Program fishery performance report by the referred to as the ‘‘Summer Flounder (MRIP), which are expected to Council’s Surfclam and Ocean Quahog Commercial Issues Amendment.’’ substantially change the current Advisory Panel. The intent of this report Following completion of this understanding of recreational catch and is to facilitate structured input from the ‘‘Commercial Issues’’ amendment, the landings. Due to these changes, the Surfclam and Ocean Quahog Advisory Council may then develop at least one Council and Commission chose to delay Panel members to the Council and its future action relating to recreational development of any issues that would Scientific and Statistical Committee. fishery issues and commercial/ rely heavily on recreational data, Advisors will also receive an update on recreational allocation to incorporate including quota allocation between the the clam dredge access framework updated recreational fishery data when commercial and recreational sectors, as under development by the New England it becomes available later this year. The well as recreational management Fishery Management Council. purpose of this notification is to alert measures and strategies. If this action

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13479

was not split, the Council and DEPARTMENT OF COMMERCE on inclusion/exclusion of species and Commission would either need to wait species groupings in fishery for revised MRIP data to become National Oceanic and Atmospheric management plans; and hold a available to begin analysis of Administration discussion on historical captain permits. recreational-related alternatives, or RIN 0648–XG112 After lunch, the Reef Fish Management begin analysis with the current data and Committee will review the Reef Fish later revise substantial portions of the Gulf of Mexico Fishery Management Landings; receive an update on state document once new MRIP data became Council; Public Meeting management of recreational Red Snapper Exempted Fishing Permits available. Because substantial progress AGENCY: National Marine Fisheries has been made on development of Service (NMFS), National Oceanic and (EFPs); review a public hearing draft for alternatives for commercial issues, the Atmospheric Administration (NOAA), Joint Reef Fish Amendment 48 and Red Council and Commission have proposed Commerce. Drum Amendment 4—Status Determination Criteria and Optimum splitting the action in order to more ACTION: Notice of a public meeting. quickly complete the revisions to the Yield; and discuss the State commercial issues and FMP objectives SUMMARY: The Gulf of Mexico Fishery Management Program for Recreational without letting these issues become Management Council (Council) will Red Snapper. hold a five-day meeting to consider delayed by recreational data revisions. Wednesday, April 18, 2018; 8 a.m.–5:30 actions affecting the Gulf of Mexico The purpose of this revised p.m. fisheries in the exclusive economic zone amendment is to consider revisions to (EEZ). the current qualification criteria for The Reef Fish Management DATES: The meeting will be held on Federal moratorium permit holders, the Committee will reconvene and receive a Monday, April 16 through Friday, April current allocation of commercial quota, presentation on recreational data 20, 2018. and the current list of frameworkable challenges and potential South Atlantic ADDRESSES: items in the FMP (i.e., including a The meeting will take place Council responses; discuss the at the Marriott Courtyard hotel, located provision for commercial landings Commercial Individual Fishing Quotas at 1600 E. Beach Boulevard, Gulfport, flexibility). In addition, the purpose of (IFQ) Programs; and, review an options MS 39501; telephone: (228) 864–4310. paper on framework action Greater the action is to revise the FMP goals and Council address: Gulf of Mexico Amberjack Recreational Bag Limits, objectives for summer flounder only. An Fishery Management Council, 2203 N. Seasonal Quotas and Commercial Trip EIS will be prepared for this action. The Lois Avenue, Suite 1100, Tampa, FL Limits. After lunch, the Committee will Council believes that the measures have 33607; telephone: (813) 348–1630. review the decision tools and separate utility, a clearly unique FOR FURTHER INFORMATION CONTACT: amendments for Amendment 42—Reef purpose and need, and are not directly Douglas Gregory, Executive Director, Fish Management for Headboat Survey linked to the remaining measures from Gulf of Mexico Fishery Management and Amendment 41—Allocation-based the original amendment proposed to be Council; telephone: (813) 348–1630. Management for Federally Permitted pursued in a future action. SUPPLEMENTARY INFORMATION: Charters Vessels; and, receive a The Council and Commission intend Agenda summary from the Scientific and to initiate a separate action or actions Statistical Committee (SSC) meeting. once revised MRIP data become Monday, April 16, 2018; 8 a.m.–5:30 available. This future action is expected p.m.; Closed Session Thursday, April 19, 2018; 8:30 a.m.– 4:45 p.m. to consider revisions to the allocation The meeting will begin in a Closed between the commercial and Session of the Full Council all day to The Full Council will reconvene with recreational sectors for summer hold applicant interviews, select the a Call to Order, Announcements, and flounder, as well as several recreational 2017 Law Enforcement Officer of the Introductions; Adoption of Agenda and fishery issues. General categories of Year, and to select members to the Approval of Minutes. The Council will recreational issues previously identified Shrimp and Reef Fish Advisory Panels. receive a presentation from Mississippi for evaluation include: Recreational Tuesday, April 17, 2018; 8:30 a.m.–5:45 Law Enforcement; a summary from the process, conservation equivalency p.m. Law Enforcement Technical Committee framework, and recreational allocations; meeting; a regulatory review; and, a recreational sector separation (for-hire The Coral Committee will meet briefly presentation on Highly Migratory and/or private mode); alternative to review a public hearing draft for Species on Shortfin Mako. The Council recreational strategies (allow for Coral Amendment 9. The Shrimp will review Exempted Fishing Permit alternatives to minimum size, bag limit, Committee will review updated stock (EFPs) Applications and public assessments, biological review of the and season restrictions; e.g., slot limits); comments on EFP applications, if any. Texas closure, and receive a summary recreational gear requirements or After lunch, the Council will receive from the Shrimp Advisory Panel restrictions; and recreational data open public testimony from 12:30 p.m. Meeting. The Mackerel Committee will until 3:30 p.m. on Fishery Issues or collection requirements and protocols. review and discuss the South Atlantic Concerns. Anyone wishing to speak Authority: 16 U.S.C. 1801 et seq. Council’s Amendment 31: Atlantic during public comment should sign in Dated: March 23, 2018. Cobia Management. The Administrative/Budget Committee will at the registration station located at the Jennifer M. Wallace, review the grant expenditures, and entrance to the meeting room. Acting Director, Office of Sustainable anticipated budget activities and After public testimony, the Full Fisheries, National Marine Fisheries Service. funding. The Sustainable Fisheries Council will receive committee reports [FR Doc. 2018–06314 Filed 3–28–18; 8:45 am] Committee will review a revised policy from the Coral, Shrimp, Mackerel and BILLING CODE 3510–22–P statement on the use of descending tools Administrative/Budget Management and venting devices and a 5-year review Committees.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13480 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Friday, April 20, 2018; 8 a.m.–12:30 DEPARTMENT OF COMMERCE b. Fishing rate estimation relative to p.m. overfishing definitions. National Oceanic and Atmospheric c. Stock status determinations relative The Full Council will receive Administration to BMSY. committee reports from Reef Fish and RIN 0648–XG093 3. Recommend how assessment data Sustainable Fisheries Management and/or models could be improved. Committees; Announce the 2017 Law North Pacific Fishery Management Special Accommodations Enforcement Officer of the Year; vote on Council; Public Meeting any Exempted Fishing Permit (EFP) These meetings are physically applications; and receive updates from AGENCY: National Marine Fisheries accessible to people with disabilities. the following supporting agencies: Service (NMFS), National Oceanic and Requests for sign language South Atlantic Fishery Management Atmospheric Administration (NOAA), interpretation or other auxiliary aids Council; Gulf States Marine Fisheries Commerce. should be directed to Shannon Gleason Commission; U.S. Coast Guard; U.S. ACTION: Notice of public meeting. at (907) 271–2809 at least 7 working Fish and Wildlife Service; and, the days prior to the meeting date. SUMMARY: The Center of Independent Dated: March 26, 2018. Department of State. Experts will meet April 16 through Lastly, the Council will discuss any April 18, 2018 to review the stock Tracey L. Thompson, Other Business items. assessments for Bering Sea and Aleutian Acting Deputy Director, Office of Sustainable Island yellowfin sole, northern rock Fisheries, National Marine Fisheries Service. —Meeting Adjourns sole, and Alaska plaice. [FR Doc. 2018–06315 Filed 3–28–18; 8:45 am] The timing and order in which agenda DATES: The meeting will be held on BILLING CODE 3510–22–P items are addressed may change as Monday, April 16, 2018 through required to effectively address the issue. Wednesday, April 18, 2018, from 9 a.m. DEPARTMENT OF COMMERCE The latest version will be posted on the to 5 p.m. Council’s file server, which can be ADDRESSES: Patent and Trademark Office accessed by going to the Council’s Meeting address: The meeting will be website at http://www.gulfcouncil.org held at the Alaska Fisheries Science Submission for OMB Review; and clicking on FTP Server under Quick Center (AFSC), in Building 4, Room Comment Request; Fastener Quality Links. For meeting materials, go to the 2039, 7600 Sand Point Way NE, Seattle, Act Insignia Recordal Process Gulf Council website or Gulf Council WA 98115. The United States Patent and file server and select the ‘‘Briefing Council address: North Pacific Trademark Office (USPTO) will submit Books/Briefing Book 2018–04’’ folder. Fishery Management Council, 605 W. to the Office of Management and Budget The username and password are both 4th Ave., Suite 306, Anchorage, AK (OMB) for clearance the following ‘‘gulfguest’’. The meetings will be 99501–2252; telephone: (907) 271–2809. proposal for collection of information webcast over the internet. A link to the FOR FURTHER INFORMATION CONTACT: under the provisions of the Paperwork webcast will be available on our Diana Stram, NPFMC staff; telephone: Reduction Act (44 U.S.C. Chapter 35). website. (907) 271–2809. Agency: United States Patent and Although other non-emergency issues SUPPLEMENTARY INFORMATION: Trademark Office, Commerce. Title: Fastener Quality Act Insignia not contained in this agenda may come Terms of Reference before this Council for discussion, those Recordal Process. issues may not be the subjects of formal 1. Evaluate the strengths and OMB Control Number: 0651–0028. action during this meeting. Council weaknesses of the assumptions made in Form Number(s): N/A. action will be restricted to those issues applying the stock assessment model Type of Request: Regular. specifically listed in this notice and any including how survey indices are scaled Number of Respondents: 96 responses issues arising after publication of this to the populations. Specifics might per year. notice that require emergency action include: Average Hours per Response: 20 under section 305(c) of the Magnuson- a. How natural mortality estimates are minutes (0.33 hours) per response. estimated/applied. Stevens Act, provided that the public Burden Hours: 32 hours annually. b. Assumptions about survey Cost Burden: $2,121.96. has been notified of the Council’s intent ‘‘catchability’’. Needs and Uses: Under Section 5 of to take final action to address the c. Application of fishery and survey the Fastener Quality Act of 1999 (FQA), emergency. age-specific schedules (maturity, body 15 U.S.C. 5401 et seq., certain industrial Special Accommodations mass, selectivity). fasteners must bear an insignia d. The application (or lack thereof) of identifying the manufacturer. It is also This meeting is physically accessible a stock-recruitment relationship (and mandatory for manufacturers of to people with disabilities. Requests for associated parameter estimates). fasteners covered by the FQA to submit sign language interpretation or other 2. Evaluate the stock assessment an application to the United Stated auxiliary aids should be directed to approach used focusing specifically on Patent and Trademark Office (USPTO) Kathy Pereira (see ADDRESSES) at least 5 how fisheries and survey data are for recordal of the insignia on the days prior to the meeting date. compiled and used to assess the stock Fastener Insignia Register. The procedures for the recordal of Dated: March 26, 2018. status relative to stated management objectives under the Bering Sea and fastener insignia under the FQA are set Tracey L. Thompson, Aleutian Islands Fishery Management forth in 15 CFR 280.300 et seq. The Acting Deputy Director, Office of Sustainable Plan (FMP) and the Magnuson-Stevens purpose of requiring both the insignia Fisheries, National Marine Fisheries Service. Act requirements. Elements should and the recordation is to ensure that [FR Doc. 2018–06326 Filed 3–28–18; 8:45 am] consider: certain fasteners can be traced to their BILLING CODE 3510–22–P a. The FMP ‘‘Tier’’ designation. manufacturers and to protect against the

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13481

sale of mismarked, misrepresented, or DEPARTMENT OF DEFENSE 1400–1530 Technologies for Enabling counterfeit fasteners. Resilient Command and Control Office of the Department of the Air This information collection was (TRC), Dr. Nils Sandell, Study Chair Force created to facilitate the public’s 1530–1655 Maintaining Technology Superiority for the USAF (MTS), Lt compliance with the insignia recordal U.S. Air Force Scientific Advisory Gen George Muellner, (Ret.), Study provisions of the FQA. The USPTO uses Board; Notice of Federal Advisory Chair the information in this collection to Committee Meeting 1655–1700 Closing Remarks, Dr. James record or renew insignias under the AGENCY: Department of the Air Force, S. Chow, Chair, U.S. Air Force FQA and to maintain the Fastener Scientific Advisory Board Insignia Register, which is open to U.S. Air Force Scientific Advisory Board, Department of Defense. 1700 Adjourn public inspection. The public may Meeting Accessibility: Closed to the download the Fastener Insignia Register ACTION: Notice of Federal Advisory Committee meeting. public. from the USPTO website at https:// Written Statements: Any member of www.uspto.gov/trademark/laws- SUMMARY: The Department of Defense the public that wishes to provide input regulations/fastener-quality-act-fqa/ (DoD) is publishing this notice to on the Air Force Scientific Advisory fastener-quality-act-fqa. announce the Federal Advisory Board Spring Meeting must contact the Affected Public: Businesses or other Committee meeting of the U.S. Air Force meeting organizer at the phone number for-profits; not-for-profit institutions. Scientific Advisory Board. or email address listed in this DATES: Frequency: On occasion. Closed to the Public Thursday 12 announcement at least five working April 2018, 1:30 p.m.–5:00 p.m. days prior to the meeting date. Please Respondent’s Obligation: Required to Mountain Time (MT). ensure that you submit your written Obtain or Retain Benefits. ADDRESSES: The Air Force Operational statement in accordance with 41 CFR OMB Desk Officer: Nicholas A. Fraser, Test and Evaluation Center, located at 102–3.140(c) and section 10(a)(3) of the email: Nicholas_A._Fraser@ 1251 Wyoming Blvd. SE, Kirtland Air Federal Advisory Committee Act. omb.eop.gov. Force Base, New Mexico 87123. Statements being submitted in response to the agenda mentioned in this notice Once submitted, the request will be FOR FURTHER INFORMATION CONTACT: Evan Buschmann, (240) 612–5503 must be received by the Scientific publicly available in electronic format Advisory Board meeting organizer at through reginfo.gov. Follow the (Voice), 703–693–5643 (Facsimile), [email protected] least five calendar days prior to the instructions to view Department of meeting commencement date. The Commerce collections currently under (Email). Mailing address is 1500 West Perimeter Road, Ste. #3300, Joint Base Scientific Advisory Board meeting review by OMB. Andrews, MD 20762. Website: http:// organizer will review all timely Further information can be obtained www.sab.af.mil/. The most up-to-date submissions and respond to them prior by: changes to the meeting agenda can be to the start of the meeting identified in • Email: InformationCollection@ found on the website. this notice. Written statements received after this date may not be considered by uspto.gov. Include ‘‘0651–0028 copy SUPPLEMENTARY INFORMATION: This the Scientific Advisory Board until the request’’ in the subject line of the meeting is being held under the next scheduled meeting. For Further message. provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 Information Contact: The Scientific • Mail: Marcie Lovett, Records and U.S.C., Appendix, as amended), the Advisory Board meeting organizer, Lt Information Governance Division Government in the Sunshine Act of Col Mike Rigoni at michael.j.rigoni.mil@ Director, Office of the Chief Technology 1976 (5 U.S.C. 552b, as amended), and mail.mil or 703–695–4297, United Officer, United States Patent and 41 CFR 102–3.140 and 102–3.150. The States Air Force Scientific Advisory Trademark Office, P.O. Box 1450, scheduled sessions of the Air Force SAB Board, 1500 West Perimeter Road, Ste. Alexandria, VA 22313–1450. Spring Board meeting will be closed to #3300, Joint Base Andrews, MD 20762. Written comments and the public because they will discuss Henry Williams, recommendations for the proposed classified information and matters Acting Air Force Federal Register Liaison information collection should be sent on covered by Section 552b of Title 5, Officer. or before April 30, 2018 to Nicholas A. United States Code, subsection (c), [FR Doc. 2018–06331 Filed 3–28–18; 8:45 am] Fraser, OMB Desk Officer, via email to subparagraph (1). BILLING CODE 5001–10–P [email protected], or by Purpose of the Meeting: The purpose fax to 202–395–5167, marked to the of this Air Force Scientific Advisory attention of Nicholas A. Fraser. Board quarterly meeting is to conduct DEPARTMENT OF DEFENSE mid-term reviews of the Scientific Marcie Lovett, Advisory Board’s FY18 studies, offering Office of the Secretary board members the opportunity to hear Records and Information Governance [Docket ID: DOD–2018–OS–0016] Division Director, OCTO, United States Patent directly from the Study Chairs on the and Trademark Office. progress they have made thus far and Proposed Collection; Comment [FR Doc. 2018–06295 Filed 3–28–18; 8:45 am] provide dedicated time to continue Request BILLING CODE 3510–16–P collaboration on research. Agenda: AGENCY: Defense Logistics Agency, DoD. U.S. Air Force Scientific Advisory ACTION: Information collection notice. Board Spring Board Meeting SUMMARY: In compliance with the 1330–1400 Welcome Remarks, Dr. Paperwork Reduction Act of 1995, the James S. Chow, Chair, U.S. Air Defense Logistics Agency announces a Force Scientific Advisory Board proposed public information collection

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13482 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

and seeks public comment on the Needs And Uses: The information proposed information collection; ways provisions thereof. Comments are collection requirement is necessary to to enhance the quality, utility, and invited on: Whether the proposed obtain and record the perceptions of clarity of the information to be collection of information is necessary DLA employees regarding the collected; and ways to minimize the for the proper performance of the organizational culture and climate. The burden of the information collection on functions of the agency, including DLA Culture/Climate Survey respondents, including through the use whether the information shall have standardizes how organizational of automated collection techniques or practical utility; the accuracy of the culture/climate is measured across the other forms of information technology. agency’s estimate of the burden of the DLA enterprise, focuses leadership DATES: Consideration will be given to all proposed information collection; ways attention on culture/climate, and drives comments received by May 29, 2018. to enhance the quality, utility, and actions to improve the overall culture/ ADDRESSES: You may submit comments, clarity of the information to be climate and DLA organizational identified by docket number and title, collected; and ways to minimize the performance. by any of the following methods: burden of the information collection on Affected Public: Individuals or • Federal eRulemaking Portal: http:// respondents, including through the use Households. www.regulations.gov. Follow the of automated collection techniques or Annual Burden Hours: 645. instructions for submitting comments. other forms of information technology. Number of Respondents: 860. • Mail: Department of Defense, Office Responses per Respondent: 1. of the Chief Management Officer, DATES: Consideration will be given to all Annual Responses: 860. comments received by May 29, 2018. Average Burden per Response: 45 Directorate for Oversight and ADDRESSES: You may submit comments, minutes. Compliance, 4800 Mark Center Drive, identified by docket number and title, Frequency: Biennially. Mailbox #24, Suite 08D09B, Alexandria, by any of the following methods: Respondents are Foreign Nationals VA 22350–1700. Instructions: All submissions received • Federal eRulemaking Portal: http:// employed by DLA (and thereby must include the agency name, docket www.regulations.gov. Follow the considered members of the public). The number and title for this Federal instructions for submitting comments. DLA Culture/Climate Survey provides a Register document. The general policy • Mail: Department of Defense, Office confidential mechanism for employees for comments and other submissions of the Chief Management Officer, to share feedback on their work from members of the public is to make Directorate for Oversight and environment, resulting in opportunities these submissions available for public Compliance, 4800 Mark Center Drive, for DLA employees and leaders to viewing on the internet at http:// Mailbox #24, 08D09B, Alexandria, VA engage in thoughtful, data-driven www.regulations.gov as they are 22350–1700. discussions that lead to informed action received without change, including any Instructions: All submissions received and improve the DLA collective personal identifiers or contact must include the agency name, docket performance. information. number, and title for this Federal Dated: March 23, 2018. Any associated form(s) for this Register document. The general policy Aaron T. Siegel, collection may be located within this for comments and other submissions Alternate OSD Federal Register Liaison same electronic docket and downloaded from members of the public is to make Officer, Department of Defense. for review/testing. Follow the these submissions available for public [FR Doc. 2018–06271 Filed 3–28–18; 8:45 am] instructions at http:// viewing on the internet at http:// BILLING CODE 5001–06–P www.regulations.gov for submitting www.regulations.gov as they are comments. Please submit comments on received without change, including any any given form identified by docket personal identifiers or contact DEPARTMENT OF DEFENSE number, form number, and title. information. FOR FURTHER INFORMATION CONTACT: To Any associated form(s) for this Office of the Secretary request more information on this collection may be located within this [Docket ID: DOD–2018–OS–0017] proposed information collection or to same electronic docket and downloaded obtain a copy of the proposal and for review/testing. Follow the Proposed Collection; Comment associated collection instruments, instructions at http:// Request please write to the Military Community www.regulations.gov for submitting and Family Policy, Office of Military comments. Please submit comments on AGENCY: Office of the Under Secretary of Family Readiness, ATTN: Karen any given form identified by docket Defense for Personnel and Readiness, Morgan, Alexandria, VA 22350; or number, form number, and title. DoD. email: [email protected]; or ACTION: Information collection notice. FOR FURTHER INFORMATION CONTACT: To call: (571) 372–0859; or FAX: (571) 372– request more information on this SUMMARY: In compliance with the 0884. proposed information collection or to Paperwork Reduction Act of 1995, the SUPPLEMENTARY INFORMATION: obtain a copy of the proposal and Office of the Under Secretary of Defense Title; Associated Form; and OMB associated collection instruments, for Personnel and Readiness announces Number: Basic Criminal History and please write to the Defense Logistics a proposed public information Statement of Admission (Department of Agency, DLA Human Capital Program collection and seeks public comment on Defense Child Care Services Programs); Development, ATTN: Tya Dammer, the provisions thereof. DD Form 2981; OMB Control Number 8725 John J. Kingman Road, Fort Comments are invited on: Whether 0704–0516. Belvoir, VA 22060–6220, or email the proposed collection of information Needs and Uses: The information [email protected]. is necessary for the proper performance collection requirement is necessary to SUPPLEMENTARY INFORMATION: of the functions of the agency, including obtain a self-reported record of criminal Title; Associated Form; and OMB whether the information shall have history from each individual who comes Number: DLA Climate Culture Survey; practical utility; the accuracy of the into regular, reoccurring contact with OMB Control Number 0704–XXXX. agency’s estimate of the burden of the children under the age of 18 years.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13483

Individuals are required to self-report about these meetings and meeting dates Amakdedori Port on Cook Inlet. The any arrests, charges or convictions that will be published locally, posted at proposed mine and related facilities would keep the individual from http://www.pebbleprojecteis.com, and would have a total footprint of obtaining or maintaining a favorable available by contacting the Corps. approximately 5.9 square miles. suitability or fitness determination. ADDRESSES: U.S. Army Corps of The pipeline route would originate on Programs impacted are referenced Engineers, P.O. Box 6898, Joint Base the Kenai Peninsula, connecting to the within the 42 U.S. Code § 13041 and Elmendorf Richardson, AK 99506–0898. existing gas pipeline infrastructure near include impacted individuals such as FOR FURTHER INFORMATION CONTACT: Happy Valley. A metering station would employees, DoD contractors, providers, Questions about the proposed action be constructed at the off-take point and adults residing in a family child care and the Draft EIS should be referred to: the pipeline would then follow south home, volunteers, and others with Mr. Shane McCoy, Regulatory Division, along the Sterling Highway for 9 miles regular reoccurring contact with telephone: (907) 753–2715 at http:// to a gas-fired compressor station north children. www.pebbleprojecteis.com or by mail to of Anchor Point. The compressor station Affected Public: Individuals or the above address. To be added to the would feed a 94-mile subsea pipeline Households. project mailing list and for additional from the east shore of Cook Inlet to Annual Burden Hours: 1,250. information, please visit the following Amakdedori Port on the west shore. A Number of Respondents: 5,000. website: http://www.pebble second gas-fired compressor station Responses per Respondent: 1. projecteis.com. would be located at the port site. The Annual Responses: 5,000. SUPPLEMENTARY INFORMATION: An pipeline route would then follow a 30- Average Burden per Response: 15 mile mine access road to the south shore minutes. application for a Department of the Army permit was submitted by the of Iliamna Lake, where the pipeline Frequency: On occasion. would enter Iliamna Lake for Respondents are DoD contractors, Pebble Limited Partnership pursuant Section 404 of the Clean Water Act (33 approximately 18 miles. The pipeline family child care providers, family child would come ashore at on the north care adult family members residing in U.S.C. 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 shore of the lake, where it would follow the home, and specified volunteers who the mine access road to the Mine Site. provide child care services for children U.S.C. 403) on December 22, 2017, and 2. Alternatives. A range of alternatives under age 18. This form will be initiated was advertised in a Public Notice, POA– of the proposed action will be by DoD staff and will be maintained in 2017–271, on January 5, 2018. The identified, and those found to be the initiating DoD offices and/or public notice is available on Alaska reasonable and practicable will be fully appropriate Human Resources or District’s public website at: http:// evaluated in the DEIS, including: the no Security Offices. www.poa.usace.army.mil//Portals/34/ docs/regulatory/publicnotices/2018/ action alternative, the applicant’s Dated: March 23, 2018. POA-2017-271%20Pebble_ proposed alternative, alternative mine Aaron T. Siegel, PN.pdf?ver=2018-01-05-153755-640. locations and mine plans, alternative Alternate OSD Federal Register Liaison 1. Description of the Proposed Project. mining methods and processes, Officer, Department of Defense. Pebble Limited Partnership (PLP) is alternatives that may result in avoidance [FR Doc. 2018–06284 Filed 3–28–18; 8:45 am] proposing to develop the Pebble copper- and minimization of impacts, and BILLING CODE 5001–06–P gold-molybdenum porphyry deposit as mitigation measures not in the proposed an open-pit mine, with associated action. However, this list is not infrastructure, in southwest Alaska, exclusive and additional alternatives DEPARTMENT OF DEFENSE north of Lake Iliamna. The proposed may be considered for inclusion. project would require approximately 3. Scoping Process and Public Department of the Army, Corps of four years to construct, with a projected Involvement. The scoping period will Engineers mine life of approximately 20 years. extend from April 1, 2018, through Intent To Prepare an Environmental Major project components include April 30, 2018. Scoping is conducted to Impact Statement (EIS) for the Pebble excavation of an open pit, that assist in determining the scope of Project ultimately would be approximately analysis, significant issues and 6,500 feet long by 5,500 feet wide, with alternatives to be analyzed in depth in AGENCY: U.S. Army Corps of Engineers, depths between 1,330 and 1,750 feet; a the DEIS. Comments should be as Department of Defense. tailings impoundment with 1.1 billion specific as possible. Additional public ACTION: Notice of intent. tons storage volume; a low grade ore involvement will be sought through the stockpile with the capacity to store up implementation of the public SUMMARY: The Alaska District, U.S. to 330 million tons; an open pit involvement plan and the agency Army Corps of Engineers (the Corps) overburden stockpile; a mill facility coordination team. intends to prepare a Draft processing approximately 160,000 tons 4. Significant Issues. Numerous issues Environmental Impact Statement (DEIS) of ore per day; a natural gas-fired power will be analyzed in depth in the DEIS to assess the potential social, economic, plant with a total connected load of 230 related to the effects of the proposed and environmental impacts associated mega-watt (MW), supplied by a 188- Pebble mine and associated with the proposed Pebble open pit mine mile, 10 to 12-inch diameter, natural gas infrastructure construction, operation, in wetlands, streams and Ocean near pipeline across Cook Inlet and Iliamna and closure. These issues will include, Cook Inlet. The EIS will assess potential Lake to the Mine Site; and but will not be limited to, the following: effects of a range of alternatives. transportation infrastructure including a wetlands, water quality, air quality, DATES: Public scoping meetings are 30-mile road from the Mine Site to a hazardous materials, fish and wildlife, tentatively scheduled in Anchorage, ferry terminal on the north shore of vegetation, cultural resources, food Homer, Dillingham, King Salmon Iliamna Lake, an 18-mile crossing with production, land use, needs and welfare (Naknek), Iliamna (Newhalen), an ice-breaking ferry to a terminal on of the people (socioeconomics including Nondalton, and Kokhanok (Iguigig) will the south shore of Iliamna Lake, and a commercial fishing and tourism), occur in mid-April 2018. Information 35-mile road to the proposed recreation, general environmental

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13484 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

concerns, historic properties, FOR FURTHER INFORMATION CONTACT: For available to the U.S. Department of navigation, and safety. specific questions related to collection Education (ED). Specifically, under the 5. Additional Review and activities, please contact Patricia Kilby- current data collection, ED collects CSP Consultation. Additional review and Robb, 202–260–2225. grant award information from grantees consultation which will be incorporated SUPPLEMENTARY INFORMATION: The (State agencies, charter management into the preparation of the DEIS will Department of Education (ED), in organizations, and some schools) to include, but are not necessarily limited accordance with the Paperwork create a new database of current CSP- to coordination under Section 401 of the Reduction Act of 1995 (PRA) (44 U.S.C. funded charter schools. Together, these Clean Water Act, Essential Fish Habitat 3506(c)(2)(A)), provides the general data allow ED to monitor CSP grant coordination; consultation under public and Federal agencies with an performance and analyze data related to Section 7 of the Endangered Species opportunity to comment on proposed, accountability for academic purposes, Act; and consultation under the revised, and continuing collections of financial integrity, and program National Historic Preservation Act information. This helps the Department effectiveness. Shelia Newman, assess the impact of its information Dated: March 23, 2018. Deputy Chief, Regional Regulatory Division, collection requirements and minimize Tomakie Washington, U.S. Army Corps of Engineers, Alaska District. the public’s reporting burden. It also Acting Director, Information Collection helps the public understand the [FR Doc. 2018–06369 Filed 3–28–18; 8:45 am] Clearance Division, Office of the Chief Privacy Department’s information collection Officer, Office of Management. BILLING CODE 3720–58–P requirements and provide the requested [FR Doc. 2018–06244 Filed 3–28–18; 8:45 am] data in the desired format. ED is BILLING CODE 4000–01–P soliciting comments on the proposed DEPARTMENT OF EDUCATION information collection request (ICR) that [Docket No.: ED–2018–ICCD–0030] is described below. The Department of FEDERAL COMMUNICATIONS Education is especially interested in COMMISSION Agency Information Collection public comment addressing the Activities; Comment Request; following issues: (1) Is this collection [OMB 3060–0819] Expanding Opportunity Through necessary to the proper functions of the Quality Charter Schools Program: Department; (2) will this information be Information Collection Being Reviewed Technical Assistance To Support processed and used in a timely manner; by the Federal Communications Monitoring, Evaluation, Data (3) is the estimate of burden accurate; Commission Collection, and Dissemination of Best (4) how might the Department enhance AGENCY: Federal Communications Practices the quality, utility, and clarity of the Commission. information to be collected; and (5) how AGENCY: Office of Innovation and ACTION: Notice and request for might the Department minimize the comments. Improvement (OII), Department of burden of this collection on the Education (ED). respondents, including through the use SUMMARY: As part of its continuing effort ACTION: Notice. of information technology. Please note to reduce paperwork burdens, and as that written comments received in required by the Paperwork Reduction SUMMARY: In accordance with the response to this notice will be Act (PRA) of 1995, the Federal Paperwork Reduction Act of 1995, ED is considered public records. Communications Commission (FCC or proposing an extension of an existing Title of Collection: Expanding the Commission) invites the general information collection. Opportunity through Quality Charter public and other Federal agencies to DATES: Interested persons are invited to Schools Program: Technical Assistance take this opportunity to comment on the submit comments on or before May 29, to Support Monitoring, Evaluation, Data following information collection. 2018. Collection, and Dissemination of Best Comments are requested concerning: ADDRESSES: To access and review all the Practices. whether the proposed collection of documents related to the information OMB Control Number: 1855–0016. information is necessary for the proper collection listed in this notice, please Type of Review: An extension of an performance of the functions of the use http://www.regulations.gov by existing information collection. Commission, including whether the searching the Docket ID number ED– Respondents/Affected Public: State, information shall have practical utility; 2018–ICCD–0030. Comments submitted Local, and Tribal Governments. the accuracy of the Commission’s in response to this notice should be Total Estimated Number of Annual burden estimate; ways to enhance the submitted electronically through the Responses: 102. quality, utility, and clarity of the Federal eRulemaking Portal at http:// Total Estimated Number of Annual information collected; ways to minimize www.regulations.gov by selecting the Burden Hours: 136. the burden of the collection of Docket ID number or via postal mail, Abstract: This request is for an information on the respondents, commercial delivery, or hand delivery. extension of OMB approval to collect including the use of automated Please note that comments submitted by data for the Expanding Opportunity collection techniques or other forms of fax or email and those submitted after through Quality Charter Schools information technology; and ways to the comment period will not be Program: Technical Assistance to further reduce the information accepted. Written requests for Support Monitoring, Evaluation, Data collection burden on small business information or comments submitted by Collection, and Dissemination of Best concerns with fewer than 25 employees. postal mail or delivery should be Practices formerly titled Charter Schools The FCC may not conduct or sponsor a addressed to the Director of the Program (CSP) Grant Awards Database. collection of information unless it Information Collection Clearance This current data collection is being displays a currently valid control Division, U.S. Department of Education, coordinated with the EDFacts Initiative number. No person shall be subject to 400 Maryland Avenue SW, LBJ, Room to reduce respondent burden and fully any penalty for failing to comply with 216–44, Washington, DC 20202–4537. utilize data submitted by States and a collection of information subject to the

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13485

PRA that does not display a valid Office recordkeeping requirement and third Order, Order on Reconsideration, of Management and Budget (OMB) party disclosure requirement. Memorandum Opinion and Order, control number. Obligation To Respond: Required to Notice of Proposed Rulemaking, and DATES: Written PRA comments should obtain or retain benefits. Statutory Notice of Inquiry, FCC 17–155 (2017) be submitted on or before May 29, 2018. authority is contained in Sections 1, (Lifeline Fourth Report and Order), If you anticipate that you will be 4(i), 5, 201, 205, 214, 219, 220, 254, which limited enhanced Tribal Lifeline submitting comments, but find it 303(r), and 403 of the Communications support to facilities-based carriers on difficult to do so within the period of Act of 1934, as amended, and section Tribal lands to more efficiently utilize time allowed by this notice, you should 706 of the Communications Act of 1996, Universal Service funds. This revision advise the contact listed below as soon as amended; 47 U.S.C. §§ 151, 154(i), implements the requirement that ETCs as possible. 155, 201, 205, 214, 219, 220, 254, 303(r), provide written notice to their ADDRESSES: Direct all PRA comments to 403, and 1302. customers who are currently receiving Total Annual Burden: 10,972,641 Nicole Ongele, FCC, via email PRA@ enhanced support who will no longer be hours. fcc.gov and to [email protected]. eligible for enhanced Tribal support. In Total Annual Cost: $937,500. addition, the Commission seeks to FOR FURTHER INFORMATION CONTACT: For Privacy Act Impact Assessment: Yes. update the number of respondents for additional information about the The Commission completed a Privacy most of the existing information information collection, contact Nicole Impact Assessment (PIA) for some of the collection requirements, thus increasing Ongele at (202) 418–2991. information collection requirements the total burden hours for some SUPPLEMENTARY INFORMATION: As part of contained in this collection. The PIA requirements and decreasing the total its continuing effort to reduce was published in the Federal Register at burden hours for other requirements. paperwork burdens, and as required by 82 FR 38686 on August 15, 2017. The the Paperwork Reduction Act (PRA) of PIA may be reviewed at: http:// Federal Communications Commission. 1995 (44 U.S.C. 3501–3520), the Federal www.fcc.gov/omd/privacyact/Privacy_ Katura Jackson, Communications Commission (FCC or Impact_Assessment.html. Federal Register Liaison Officer, Office of the Commission) invites the general public Nature and Extent of Confidentiality: Secretary. and other Federal agencies to take this Some of the requirements contained in [FR Doc. 2018–06370 Filed 3–28–18; 8:45 am] opportunity to comment on the this information collection affect BILLING CODE 6712–01–P following information collections. individuals or households, and thus, Comments are requested concerning: there are impacts under the Privacy Act. Whether the proposed collection of The FCC’s system of records notice FEDERAL COMMUNICATIONS information is necessary for the proper (SORN) associated with this collection COMMISSION performance of the functions of the is FCC/WCB–1, ‘‘Lifeline Program.’’ Commission, including whether the The Commission will use the [OMB 3060–0463] information shall have practical utility; information contained in FCC/WCB–1 the accuracy of the Commission’s to cover the personally identifiable Information Collections Being burden estimate; ways to enhance the information (PII) that is required as part Reviewed by the Federal quality, utility, and clarity of the of the Lifeline Program (‘‘Lifeline’’). Communications Commission information collected; ways to minimize As required by the Privacy Act of AGENCY: Federal Communications the burden of the collection of 1974, as amended, 5 U.S.C. 552a, the Commission. information on the respondents, Commission published FCC/WCB–1 including the use of automated ‘‘Lifeline Program’’ in the Federal ACTION: Notice and request for collection techniques or other forms of Register on August 15, 2017 (82 FR comments. information technology; and ways to 38686). further reduce the information Also, respondents may request SUMMARY: As part of its continuing effort collection burden on small business materials or information submitted to to reduce paperwork burdens, and as concerns with fewer than 25 employees. the Commission or to the Universal required by the Paperwork Reduction OMB Control Number: 3060–0819. Service Administrative Company Act of 1995 (PRA), the Federal Title: Lifeline and Link Up Reform (USAC or Administrator) be withheld Communications Commission (FCC or and Modernization, from public inspection under 47 CFR Commission) invites the general public Telecommunications Carriers Eligible 0.459 of the FCC’s rules. We note that and other Federal agencies to take this for Universal Service Support, Connect USAC must preserve the confidentiality opportunity to comment on the America Fund. of all data obtained from respondents; following information collections. Form Numbers: FCC Form 555, FCC must not use the data except for Comments are requested concerning: Form 481, FCC Form 497, FCC Form purposes of administering the universal Whether the proposed collection of 5629, FCC Form 5630, FCC Form 5631. service programs; and must not disclose information is necessary for the proper Type of Review: Revision of a data in company-specific form unless performance of the functions of the currently approved collection. directed to do so by the Commission. Commission, including whether the Respondents: Individuals or Needs and Uses: The Commission information shall have practical utility; households and business or other for- will submit this information collection the accuracy of the Commission’s profit. after this 60-day comment period to burden estimate; ways to enhance the Number of Respondents and obtain approval from the Office of quality, utility, and clarity of the Responses: 17,547,843 respondents; Management and Budget (OMB) of information collected; ways to minimize 20,317,788 responses. revisions to this information collection. the burden of the collection of Estimated Time per Response: .0167 On November 16, 2017, the information on the respondents, hours–253 hours. Commission adopted the Bridging the including the use of automated Frequency of Response: Annual, Digital Divide for Low-Income collection techniques or other forms of biennial, monthly, daily and on Consumers, WC Docket Nos, 17–287, information technology; and ways to occasion reporting requirements, 11–42, 09–197, Fourth Report and further reduce the information

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13486 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

collection burden on small business Dispute Assistance.’’ As required by the 2007, extending the disability access concerns with fewer than 25 employees. Privacy Act, 5 U.S.C. 552a, the requirements that apply to The FCC may not conduct or sponsor Commission also published a SORN, telecommunications service providers a collection of information unless it FCC/CGB–1 ‘‘Informal Complaints, and equipment manufacturers under 47 displays a currently valid Office of Inquiries, and Requests for Dispute U.S.C. 225, 255 to interconnected voice Management and Budget (OMB) control Assistance,’’ in the Federal Register on over internet protocol (VoIP) service number. No person shall be subject to August 15, 2014 (79 FR 48152) which providers and equipment any penalty for failing to comply with became effective on September 24, 2014. manufacturers. As a result, under rules a collection of information subject to the Privacy Impact Assessment: The FCC implementing section 225 of the Act, PRA that does not display a valid OMB completed a Privacy Impact Assessment interconnected VoIP service providers control number. (PIA) on June 28, 2007. It may be are required to publicize information DATES: Written comments should be reviewed at http://www.fcc.gov/omd/ about telecommunications relay services submitted on or before May 29, 2018. If privacyact/Privacy-Impact- (TRS) and 711 abbreviated dialing you anticipate that you will be Assessment.html. The Commission is in access to TRS. See also 47 CFR the process of updating the PIA to submitting comments, but find it 64.604(c)(3). difficult to do so within the period of incorporate various revisions to it as a In 2007, the Commission also released time allowed by this notice, you should result of revisions to the SORN. the 2007 Cost Recovery Report and advise the contacts below as soon as Needs and Uses: The Commission is Order and Declaratory Ruling, possible. submitting this modified information collection to the Office of Management published at 73 FR 3197, January 17, ADDRESSES: Direct all PRA comments to and Budget (OMB) to transfer burden 2008, in which the Commission: Cathy Williams, FCC, via email: PRA@ hours and costs associated with (a) Adopted a new cost recovery fcc.gov and to [email protected]. regulations under section 225 of the methodology for interstate traditional FOR FURTHER INFORMATION CONTACT: For Communications Act (Act), which is TRS and interstate STS based on the additional information about the currently approved under OMB control Multi-state Average Rate Structure information collection, contact Cathy number 3060–1249, to this information (MARS) plan, under which interstate Williams at (202) 418–2918. collection. The Commission intends to TRS compensation rates are determined SUPPLEMENTARY INFORMATION: discontinue information collection by weighted average of the states’ OMB Control Number: 3060–0463. 3060–1249 once this information intrastate compensation rates, and Title: Telecommunications Relay collection is approved. which includes for STS additional Services and Speech-to-Speech Services On December 21, 2001, the compensation approved by the for Individuals with Hearing and Commission released the 2001 TRS Cost Commission for STS outreach; Speech Disabilities, CG Docket No. 03– Recovery Order, document FCC 01–371, 123, FCC 03–112, FCC 07–110, FCC 07– published at 67 FR 4203, January 29, (b) requires STS providers to file a 186. 2002, in which the Commission: report annually with the TRS Fund Form Number: N/A. Type of Review: (a) Directed the Interstate administrator and the Commission on Revision of a currently approved Telecommunications Relay Services their specific outreach efforts directly collection. (TRS) Fund (TRS Fund) administrator to attributable to the additional Respondents: Business or other for- continue to use the average cost per compensation approved by the profit; Individuals or household; State, minute compensation methodology for Commission for STS outreach. Local and Tribal Government. the traditional TRS compensation rate; (c) adopted a new cost recovery Number of Respondents and (b) required TRS providers to submit methodology for interstate captioned Responses: 5,072 respondents; 7,299 certain projected TRS-related cost and telephone service (CTS), as well as responses. demand data to the TRS Fund internet Protocol captioned telephone Estimated Time per Response: 0.5 administrator to be used to calculate the service (IP CTS), based on the MARS hours (30 minutes) to 50 hours. rate; and plan; Frequency of Response: Annually, (c) directed the TRS Fund monthly, on occasion, and one-time administrator to expand its form for (d) adopted a cost recovery reporting requirements; Recordkeeping providers to itemize their actual and methodology for internet Protocol (IP) and Third-Party Disclosure projected costs and demand data, to Relay based on price caps; requirements. include specific sections to capture (e) adopted a cost recovery Obligation To Respond: Required to speech-to-speech (STS) and video relay methodology for VRS that adopted obtain or retain benefit. The statutory service (VRS) costs and minutes of use. tiered rates based on call volume; authority for the information collection In 2003, the Commission released the (f) clarified the nature and extent that requirements is found at section 225 of 2003 Second Improved TRS Order, certain categories of costs are the Communications Act, 47 U.S.C. 225. published at 68 FR 50973, August 25, compensable from the Fund; and The law was enacted on July 26, 1990, 2003, which among other things as Title IV of the ADA, Public Law 101– required that TRS providers offer certain (g) addressed certain issues 336, 104 Stat. 327, 366–69. local exchange carrier (LEC)-based concerning the management and Total Annual Burden: 10,822 hours. improved services and features where oversight of the Fund, including Total Annual Cost: $10,800. technologically feasible, including a prohibiting financial incentives offered Nature and Extent of Confidentiality: speed dialing requirement which may to consumers to make relay calls. Confidentiality is an issue to the extent entail voluntary recordkeeping for TRS Federal Communications Commission. that individuals and households providers to maintain a list of telephone provide personally identifiable numbers. See also 47 CFR Katura Jackson, information, which is covered under the 64.604(a)(3)(vi)(B). Federal Register Liaison Officer, Office of the FCC’s updated system of records notice In 2007, the Commission released the Secretary. (SORN), FCC/CGB–1, ‘‘Informal Section 225/255 VoIP Report and Order, [FR Doc. 2018–06371 Filed 3–28–18; 8:45 am] Complaints, Inquiries, and Requests for published at 72 FR 43546, August 6, BILLING CODE 6712–01–P

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13487

FEDERAL RETIREMENT THRIFT Prevention, 1600 Clifton Road NE, Question and Answer Webinar INVESTMENT BOARD Mailstop D–42, Atlanta, GA 30329; Individuals interested in this Telephone (404)639–1330; or email tto@ technology opportunity are invited to Sunshine Act Meetings; Federal cdc.gov. participate in a live question and Retirement Thrift Investment Board SUPPLEMENTARY INFORMATION: answer webinar on April 27, 2018 at 10 Member Meeting a.m. Eastern Daylight Time. Individuals Description of Technology TIME AND DATE: 4:00 p.m. (telephonic), must pre-register for the session by March 28, 2018. CDC Trioplex Real-time RT–PCR sending an email to [email protected] by (Reverse Transcription Polymerase Thursday, April 26, at 1 p.m. EDT. STATUS: Closed session. Chain Reaction) Assay for Detection of After requesting the registration, MATTERS TO BE CONSIDERED: Information Zika, Dengue, & Chikungunya Virus participants will receive a confirmation covered under 5 U.S.C. 552b (c)(9)(B). Infections CDC ref. no.: I–009–17 NIH of their registration along with access CONTACT PERSON FOR MORE INFORMATION: ref. no.: E–081–2017 (See https:// information to enter prior to the Kimberly Weaver, Director, Office of www.ott.nih.gov/technology/e-081- webinar. Persons interested in this External Affairs, (202) 942–1640. 2017.) technology are strongly encouraged to Dated: March 27, 2018. CDC has developed the Trioplex real- register for and participate in the Dharmesh Vashee, time RT–PCR test to detect evidence of webinar. Deputy General Counsel, Federal Retirement Zika, dengue and chikungunya virus A signed Confidential Disclosure Thrift Investment Board. infections, all of which are spread by Agreement (available under Forms at [FR Doc. 2018–06427 Filed 3–27–18; 11:15 am] mosquito bites from the same Aedes www.cdc.gov/tto) will be required to receive copies of unpublished patent BILLING CODE 6760–01–P species and cause epidemics in more than 100 countries. The real-time RT– applications and other information. PCR assay is for qualitative detection Inventors: Jorge Munoz-Jordan, Robert Lanciotti, and Gilberto Santiago. DEPARTMENT OF HEALTH AND and differentiation of RNA (ribonucleic U.S. PCT (Patent Cooperation Treaty) HUMAN SERVICES acid) from dengue, chikungunya, and Zika viruses in serum, whole blood, and Application No. PCT/US2017/023021: Centers for Disease Control and cerebral spinal fluid, and for the Filed March 17, 2017. Prevention qualitative detection of Zika virus RNA (CDC Ref. #: I–009–17; NIH Ref. #E– in urine and amniotic fluid. This assay 081–2017—See https://www.ott.nih.gov/ Government-Owned Inventions; protocol is designed to facilitate technology/e-081-2017.) Availability for Licensing and simultaneous testing for the three Dated: March 26, 2018. Collaboration; Notification of Q&A viruses using a single sample in the Sandra Cashman, Webinar same plate well (multiplex). A Executive Secretary, Centers for Disease singleplex reaction (measuring one AGENCY: Centers for Disease Control and Control and Prevention. analyte at a time) is also an option for Prevention (CDC), Department of Health [FR Doc. 2018–06306 Filed 3–28–18; 8:45 am] chikungunya, and dengue testing if one and Human Services (HHS). BILLING CODE 4163–18–P primer/probe set per well is preferred. ACTION: Notice. The test can be run in different modalities and equipment available in SUMMARY: The invention named in this DEPARTMENT OF HEALTH AND notice is owned by agencies of the most laboratories. The test has been HUMAN SERVICES United States Government and is designed to minimize the likelihood of available for licensing in accordance false positive results. Cross-reactivity for Centers for Medicare & Medicaid with the U.S. Federal Technology any of the components is not expected. Services The Food & Drug Administration (FDA) Transfer Act of 1986. Related data for [Document Identifiers CMS–10148] 510(k) submission is available as part of issued emergency use authorization the licensing package. The technology (EUA) for the Trioplex assay on March Agency Information Collection and related data are being licensed to 17, 2016. Additional information can be Activities: Proposed Collection; achieve expeditious commercialization found at: http://www.fda.gov/ Comment Request of federally funded research and downloads/MedicalDevices/Safety/ AGENCY: Centers for Medicare & development. A U.S. Provisional patent EmergencySituations/UCM491592.pdf. Medicaid Services, HHS. application has been filed to extend Currently, there are no vaccines or market coverage. CDC also seeks therapeutics commercially available for ACTION: Notice. collaboration partners with interest in Zika, dengue, or chikungunya virus infections. SUMMARY: The Centers for Medicare & adapting the test for different Medicaid Services (CMS) is announcing Competitive advantages: equipment, point-of-care, or more rapid an opportunity for the public to • processing. Currently, there is no multiplex assay comment on CMS’ intention to collect DATES: Individuals interested in this on the market that can detect Zika, information from the public. Under the technology opportunity are invited to chikungunya and the four dengue Paperwork Reduction Act of 1995 (the participate in a live question and subtypes in one test; this test will also PRA), federal agencies are required to answer webinar on April 27, 2018 at 10 help assess disease severity in dengue publish notice in the Federal Register a.m. Eastern Daylight Time. secondary infections concerning each proposed collection of ADDRESSES: Licensing, related data for • There is no FDA-approved information (including each proposed 510(k) submission, and other chikungunya PCR test on the market extension or reinstatement of an existing information pertaining to the technology and current Zika and dengue tests collection of information) and to allow listed below, may be obtained by must be run separately 60 days for public comment on the writing to Technology Transfer Office, • This was the first molecular test for proposed action. Interested persons are Centers for Disease Control and Zika to receive FDA’s EUA invited to send comments regarding our

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13488 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

burden estimates or any other aspect of CMS–10148 HIPAA Administrative appropriate direction of the complaint this collection of information, including Simplification (Non-Privacy/Security) process and enables CMS to produce the necessity and utility of the proposed Complaint Form accurate reports regarding complaint information collection for the proper Under the PRA (44 U.S.C. 3501– activity. performance of the agency’s functions, 3520), federal agencies must obtain The revision form associated with this the accuracy of the estimated burden, approval from the Office of Management submission adds an option for filing ways to enhance the quality, utility, and and Budget (OMB) for each collection of complaints under Unique Identifier and clarity of the information to be information they conduct or sponsor. Operating Rules. It also requests an collected, and the use of automated The term ‘‘collection of information’’ is email address for filed against entities, collection techniques or other forms of defined in 44 U.S.C. 3502(3) and 5 CFR if available. Form Number: CMS–10148 information technology to minimize the 1320.3(c) and includes agency requests (OMB Control number: 0938–0948); information collection burden. or requirements that members of the Frequency: Occasionally; Affected Public: Individuals; Number of DATES: Comments must be received by public submit reports, keep records, or Respondents: 125; Total Annual May 29, 2018. provide information to a third party. Section 3506(c)(2)(A) of the PRA Responses: 125; Total Annual Hours: ADDRESSES: When commenting, please requires federal agencies to publish a 125. (For policy questions regarding this reference the document identifier or 60-day notice in the Federal Register collections contact Kevin Steward at OMB control number. To be assured concerning each proposed collection of 410–786–6149.) consideration, comments and information, including each proposed Dated: March 26, 2018. recommendations must be submitted in extension or reinstatement of an existing William N. Parham, III, any one of the following ways: collection of information, before Director, Paperwork Reduction Staff, Office 1. Electronically. You may send your submitting the collection to OMB for of Strategic Operations and Regulatory comments electronically to http:// approval. To comply with this Affairs. www.regulations.gov. Follow the requirement, CMS is publishing this [FR Doc. 2018–06312 Filed 3–28–18; 8:45 am] instructions for ‘‘Comment or notice. BILLING CODE 4120–01–P Submission’’ or ‘‘More Search Options’’ Information Collection to find the information collection document(s) that are accepting 1. Type of Information Collection DEPARTMENT OF HEALTH AND comments. Request: Revision of the currently HUMAN SERVICES approved collection.; Title of 2. By regular mail. You may mail Food and Drug Administration written comments to the following Information Collection: HIPAA address: CMS, Office of Strategic Administrative Simplification (Non- [Docket No. FDA–2007–D–0369] Operations and Regulatory Affairs, Privacy/Security) Complaint Form; Use: Division of Regulations Development, The authority for administering and Product-Specific Guidance for Attention: Document Identifier/OMB enforcing compliance with the non- Doxycycline Hyclate; Revised Draft Control Number ll, Room C4–26–05, privacy/security Health Insurance Guidance for Industry; Availability Portability and Accountability Act 7500 Security Boulevard, Baltimore, AGENCY: Food and Drug Administration, Maryland 21244–1850. (HIPAA) rules has been delegated to the Centers for Medicare & Medicaid HHS. To obtain copies of a supporting Services (CMS). At present, CMS’ ACTION: Notice of availability. statement and any related forms for the compliance and enforcement activities proposed collection(s) summarized in are primarily complaint-based. SUMMARY: The Food and Drug this notice, you may make your request Although our enforcement efforts are Administration (FDA or Agency) is using one of following: focused on investigating complaints, announcing the availability of a revised 1. Access CMS’ website address at they may also include conducting draft guidance for industry on generic https://www.cms.gov/Regulations-and- compliance reviews to determine if a doxycycline hyclate oral delayed-release Guidance/Legislation/Paperwork covered entity is in compliance. tablets, entitled ‘‘Product-Specific ReductionActof1995/PRA-Listing.html. Potential violations can come through a Guidance for Doxycycline Hyclate.’’ The complaint form or a compliance review. revised draft guidance, when finalized, 2. Email your request, including your will provide product-specific address, phone number, OMB number, This standard form collects identifying and contact information of recommendations on, among other and CMS document identifier, to things, the design of bioequivalence [email protected]. the complainant, as well as, the identifying and contact information of (BE) studies to support abbreviated new 3. Call the Reports Clearance Office at the filed against entity (FAE). This drug applications (ANDAs) for (410) 786–1326. information enables CMS to respond to doxycycline hyclate oral delayed-release tablets. FOR FURTHER INFORMATION CONTACT: the complainant and gather more William Parham at (410) 786–4669. information if necessary, and to contact DATES: Submit either electronic or the FAE to discuss the complaint and written comments on the draft guidance SUPPLEMENTARY INFORMATION: CMS’ findings. by May 29, 2018 to ensure that the Contents In addition to the identifying and Agency considers your comments on the contact information, the standard form draft guidance before it begins work on This notice sets out a summary of the collects a summary which outlines the the final version of the guidance. use and burden associated with the nature of the complaint. This summary ADDRESSES: You may submit comments following information collections. More is used to determine the validity of the on any guidance at any time as follows: detailed information can be found in complaint, and to categorize the each collection’s supporting statement complaint as related to transactions, Electronic Submissions and associated materials (see standards, code sets, unique identifiers, Submit electronic comments in the ADDRESSES). and/or operating rules. This ensures the following way:

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13489

• Federal eRulemaking Portal: the claimed confidential information, in the public on FDA’s website at https:// https://www.regulations.gov. Follow the its consideration of comments. The www.fda.gov/Drugs/Guidance instructions for submitting comments. second copy, which will have the ComplianceRegulatoryInformation/ Comments submitted electronically, claimed confidential information Guidances/default.htm. including attachments, to https:// redacted/blacked out, will be available As described in that guidance, FDA www.regulations.gov will be posted to for public viewing and posted on adopted this process to develop and the docket unchanged. Because your https://www.regulations.gov. Submit disseminate product-specific guidances comment will be made public, you are both copies to the Dockets Management and to provide a meaningful solely responsible for ensuring that your Staff. If you do not wish your name and opportunity for the public to consider comment does not include any contact information to be made publicly and comment on the guidances. This confidential information that you or a available, you can provide this notice announces the availability of a third party may not wish to be posted, information on the cover sheet and not revised draft guidance for generic such as medical information, your or in the body of your comments and you doxycycline hyclate oral delayed-release anyone else’s Social Security number, or must identify this information as tablets. confidential business information, such ‘‘confidential.’’ Any information marked FDA initially approved new drug as a manufacturing process. Please note as ‘‘confidential’’ will not be disclosed application (NDA) 050795 for DORYX that if you include your name, contact except in accordance with 21 CFR 10.20 (doxycycline hyclate oral delayed- information, or other information that and other applicable disclosure law. For release tablets) in May 2005. In May identifies you in the body of your more information about FDA’s posting 2009, FDA issued a draft guidance for comments, that information will be of comments to public dockets, see 80 industry on generic doxycycline hyclate posted on https://www.regulations.gov. FR 56469, September 18, 2015, or access oral delayed-release tablets and most • If you want to submit a comment the information at: https://www.gpo.gov/ recently revised that guidance in June with confidential information that you fdsys/pkg/FR-2015-09-18/pdf/2015- 2015. On May 20, 2016, FDA approved do not wish to be made available to the 23389.pdf. a supplement to NDA 050795 for a new public, submit the comment as a Docket: For access to the docket to formulation of doxycycline hyclate written/paper submission and in the read background documents or the delayed-release tablets in equivalent to manner detailed (see ‘‘Written/Paper electronic and written/paper comments (EQ) 60 milligram (mg) and EQ 120 mg Submissions’’ and ‘‘Instructions’’). received, go to https:// strengths under the trade name Doryx MPC. We are now issuing another Written/Paper Submissions www.regulations.gov and insert the docket number, found in brackets in the revised draft guidance for industry on Submit written/paper submissions as heading of this document, into the doxycycline hyclate oral delayed-release follows: ‘‘Search’’ box and follow the prompts tablets to include recommendations for • Mail/Hand Delivery/Courier (for and/or go to the Dockets Management demonstrating bioequivalence to these written/paper submissions): Dockets Staff, 5630 Fishers Lane, Rm. 1061, strengths. Management Staff (HFA–305), Food and In November 2016, Mayne Pharma Rockville, MD 20852. Drug Administration, 5630 Fishers International Pty Ltd submitted a citizen You may submit comments on any Lane, Rm. 1061, Rockville, MD 20852. petition requesting that FDA require guidance at any time (see 21 CFR • For written/paper comments certain in vitro dissolution criteria as 10.115(g)(5)). submitted to the Dockets Management part of the BE demonstration for any Submit written requests for single Staff, FDA will post your comment, as ANDA referencing DORYX MPC. FDA copies of the draft guidance to the well as any attachments, except for has reviewed the issues raised in this Division of Drug Information, Center for information submitted, marked and citizen petition and is responding to the Drug Evaluation and Research, Food identified, as confidential, if submitted citizen petition separately in the docket and Drug Administration, 10001 New as detailed in ‘‘Instructions.’’ for that citizen petition (Docket No. Hampshire Ave., Hillandale Building, Instructions: All submissions received FDA–2016–P–4047, available at https:// 4th Floor, Silver Spring, MD 20993– must include the Docket No. FDA– www.regulations.gov). 0002. Send one self-addressed adhesive 2007–D–0369 for ‘‘Product-Specific This revised draft guidance is being label to assist that office in processing Guidance for Doxycycline Hyclate; issued consistent with FDA’s good your requests. See the SUPPLEMENTARY Revised Draft Guidancefor Industry.’’ guidance practices regulation (21 CFR INFORMATION section for electronic Received comments will be placed in 10.115). The revised draft guidance, access to the draft guidance document. the docket and, except for those when finalized, will represent the submitted as ‘‘Confidential FOR FURTHER INFORMATION CONTACT: current thinking of FDA on the design Submissions,’’ will be publicly viewable Xiaoqiu Tang, Center for Drug of BE studies to support ANDAs for at https://www.regulations.gov or at the Evaluation and Research (HFD–600), doxycycline hyclate oral delayed-release Dockets Management Staff between 9 Food and Drug Administration, 10903 tablets. It does not establish any rights a.m. and 4 p.m., Monday through New Hampshire Ave., Bldg. 75, Rm. for any person and is not binding on Friday. 4730, Silver Spring, MD 20993–0002, FDA or the public. You can use an • Confidential Submissions—To 301–796–5850. alternative approach if it satisfies the submit a comment with confidential SUPPLEMENTARY INFORMATION: requirements of the applicable statutes information that you do not wish to be I. Background and regulations. This guidance is not made publicly available, submit your subject to Executive Order 12866. comments only as a written/paper In the Federal Register of June 11, submission. You should submit two 2010 (75 FR 33311), FDA announced the II. Electronic Access copies total. One copy will include the availability of a guidance for industry Persons with access to the internet information you claim to be confidential entitled ‘‘Guidance for Industry on may obtain the draft guidance at either with a heading or cover note that states Bioequivalence Recommendations for https://www.fda.gov/Drugs/Guidance ‘‘THIS DOCUMENT CONTAINS Specific Products’’ that explained the ComplianceRegulatoryInformation/ CONFIDENTIAL INFORMATION.’’ The process that would be used to make Guidances/default.htm or https:// Agency will review this copy, including product-specific guidances available to www.regulations.gov.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13490 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Dated: March 20, 2018. electronic filing system will accept Safety and Risk Management Advisory Leslie Kux, comments until midnight Eastern Time Committee; Notice of Meeting; Associate Commissioner for Policy. at the end of May 21, 2018. Comments Establishment of a Public Docket; [FR Doc. 2018–06253 Filed 3–28–18; 8:45 am] received by mail/hand delivery/courier Request for Comments.’’ Received BILLING CODE 4164–01–P (for written/paper submissions) will be comments, those filed in a timely considered timely if they are manner (see the ADDRESSSES section), postmarked or the delivery service will be placed in the docket and, except DEPARTMENT OF HEALTH AND acceptance receipt is on or before that for those submitted as ‘‘Confidential HUMAN SERVICES date. Submissions,’’ publicly viewable at Comments received on or before May https://www.regulations.gov or at the Food and Drug Administration 8, 2018, will be provided to the Dockets Management Staff between 9 [Docket No. FDA–2018–N–0875] committees. Comments received after a.m. and 4 p.m., Monday through that date will be taken into Friday. Joint Meeting of the Anesthetic and consideration by FDA. Confidential Submissions—To submit Analgesic Drug Products Advisory You may submit comments as a comment with confidential Committee and the Drug Safety and follows: information that you do not wish to be Risk Management Advisory Electronic Submissions made publicly available, submit your Committee; Notice of Meeting; comments only as a written/paper Establishment of a Public Docket; Submit electronic comments in the submission. You should submit two following way: Request for Comments • copies total. One copy will include the Federal eRulemaking Portal: information you claim to be confidential AGENCY: Food and Drug Administration, https://www.regulations.gov. Follow the with a heading or cover note that states HHS. instructions for submitting comments. ‘‘THIS DOCUMENT CONTAINS ACTION: Notice; establishment of a Comments submitted electronically, CONFIDENTIAL INFORMATION.’’ FDA public docket; request for comments. including attachments, to https:// will review this copy, including the www.regulations.gov will be posted to claimed confidential information, in its SUMMARY: The Food and Drug the docket unchanged. Because your consideration of comments. The second Administration (FDA) announces a comment will be made public, you are copy, which will have the claimed forthcoming public advisory committee solely responsible for ensuring that your confidential information redacted/ meeting of the Anesthetic and Analgesic comment does not include any blacked out, will be available for public Drug Products Advisory Committee and confidential information that you or a viewing and posted on https:// the Drug Safety and Risk Management third party may not wish to be posted, www.regulations.gov. Submit both Advisory Committee. The general such as medical information, your or copies to the Dockets Management Staff. function of the committees is to provide anyone else’s Social Security number, or If you do not wish your name and advice and recommendations to FDA on confidential business information, such contact information be made publicly regulatory issues. The meeting will be as a manufacturing process. Please note available, you can provide this open to the public. FDA is establishing that if you include your name, contact information on the cover sheet and not a docket for public comment on this information, or other information that in the body of your comments and you document. identifies you in the body of your must identify the information as DATES: The meeting will be held on May comments, that information will be ‘‘confidential.’’ Any information marked 22, 2018, from 8 a.m. to 4:30 p.m. posted on https://www.regulations.gov. as ‘‘confidential’’ will not be disclosed • If you want to submit a comment except in accordance with 21 CFR 10.20 ADDRESSES: College Park Marriott Hotel with confidential information that you and other applicable disclosure law. For and Conference Center, General Vessey do not wish to be made available to the more information about FDA’s posting Ballroom, 3501 University Blvd., public, submit the comment as a of comments to public dockets, see 80 Hyattsville, MD 20783. The conference written/paper submission and in the FR 56469, September 18, 2015, or access center’s telephone number is 301–985– manner detailed (see ‘‘Written/Paper the information at: https://www.gpo.gov/ 7300. Answers to commonly asked Submissions’’ and ‘‘Instructions’’). questions about FDA Advisory fdsys/pkg/FR-2015-09-18/pdf/2015- Committee meetings may be accessed at: Written/Paper Submissions 23389.pdf. https://www.fda.gov/Advisory Submit written/paper submissions as Docket: For access to the docket to Committees/AboutAdvisoryCommittees/ follows: read background documents or the ucm408555.htm. Information about the • Mail/Hand delivery/Courier (for electronic and written/paper comments College Park Marriott Hotel and written/paper submissions): Dockets received, go to https:// Conference Center can be accessed at: Management Staff (HFA–305), Food and www.regulations.gov and insert the https://www.marriott.com/hotels/travel/ Drug Administration, 5630 Fishers docket number, found in brackets in the wasum-college-park-marriott-hotel-and- Lane, Rm. 1061, Rockville, MD 20852. heading of this document, into the conference-center/. • For written/paper comments ‘‘Search’’ box and follow the prompts FDA is establishing a docket for submitted to the Dockets Management and/or go to the Dockets Management public comment on this meeting. The Staff, FDA will post your comment, as Staff, 5630 Fishers Lane, Rm. 1061, docket number is FDA–2018–N–0875. well as any attachments, except for Rockville, MD 20852. The docket will close on May 21, 2018. information submitted, marked and FOR FURTHER INFORMATION CONTACT: Submit either electronic or written identified, as confidential, if submitted Moon Hee V. Choi, Center for Drug comments on this public meeting by as detailed in ‘‘Instructions.’’ Evaluation and Research, Food and May 21, 2018. Please note that late, Instructions: All submissions received Drug Administration, 10903 New untimely filed comments will not be must include the Docket No. FDA– Hampshire Ave., Bldg. 31, Rm. 2417, considered. Electronic comments must 2018–N–0875 for ‘‘Joint Meeting of the Silver Spring, MD 20993–0002, 301– be submitted on or before May 21, 2018. Anesthetic and Analgesic Drug Products 796–9001, Fax: 301–847–8533, email: The https://www.regulations.gov Advisory Committee and the Drug [email protected], or FDA

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13491

Advisory Committee Information Line, conduct a lottery to determine the fulfills its commitment under the 1–800–741–8138 (301–443–0572 in the speakers for the scheduled open public Generic Drug User Fee Amendments of Washington, DC area). A notice in the hearing session. The contact person will 2017 (GDUFA II) to develop an annual Federal Register about last minute notify interested persons regarding their list of regulatory science initiatives modifications that impact a previously request to speak by May 1, 2018. specific to generic drugs. FDA will take announced advisory committee meeting Persons attending FDA’s advisory the information it obtains from the cannot always be published quickly committee meetings are advised that public workshop into account in enough to provide timely notice. FDA is not responsible for providing developing its fiscal year (FY) 2019 Therefore, you should always check the access to electrical outlets. regulatory science initiatives. FDA’s website at https://www.fda.gov/ For press inquiries, please contact the DATES: The public workshop will be AdvisoryCommittees/default.htm and Office of Media Affairs at fdaoma@ held on May 24, 2018 from 8:30 a.m. to scroll down to the appropriate advisory fda.hhs.gov or 301–796–4540. 4:30 p.m. Submit either electronic or committee meeting link, or call the FDA welcomes the attendance of the written comments on this public advisory committee information line to public at its advisory committee workshop by June 25, 2018. See the learn about possible modifications meetings and will make every effort to SUPPLEMENTARY INFORMATION section for before coming to the meeting. accommodate persons with disabilities. registration date and information. SUPPLEMENTARY INFORMATION: If you require accommodations due to a ADDRESSES: The public workshop will Agenda: The committees will be disability, please contact Moon Hee V. be held at the FDA White Oak Campus, asked to discuss new drug application Choi (see FOR FURTHER INFORMATION 10903 New Hampshire Ave., Bldg. 31 (NDA) 209588, for buprenorphine CONTACT) at least 7 days in advance of Conference Center, the Great Room (Rm. sublingual spray, submitted by INSYS the meeting. 1503, sections B and C), Silver Spring, Development Company, Inc., for the FDA is committed to the orderly MD 20993–0002. Entrance for the public treatment of moderate-to-severe acute conduct of its advisory committee workshop participants (non-FDA pain where the use of an opioid meetings. Please visit our website at employees) is through Bldg. 1, where analgesic is appropriate. The https://www.fda.gov/Advisory routine security check procedures will committees will also be asked to discuss Committees/AboutAdvisoryCommittees/ be performed. For parking and security whether this product should be ucm111462.htm for procedures on information, please refer to https:// approved. public conduct during advisory www.fda.gov/AboutFDA/ FDA intends to make background committee meetings. WorkingatFDA/BuildingsandFacilities/ material available to the public no later Notice of this meeting is given under WhiteOakCampusInformation/ than 2 business days before the meeting. the Federal Advisory Committee Act (5 ucm241740.htm. If FDA is unable to post the background U.S.C. app. 2). You may submit comments as material on its website prior to the Dated: March 21, 2018. follows. Please note that late, untimely meeting, the background material will Leslie Kux, filed comments will not be considered. be made publicly available at the Associate Commissioner for Policy. Electronic comments must be submitted location of the advisory committee [FR Doc. 2018–06307 Filed 3–28–18; 8:45 am] on or before June 25, 2018. The https:// meeting, and the background material BILLING CODE 4164–01–P www.regulations.gov electronic filing will be posted on FDA’s website after system will accept comments until the meeting. Background material is midnight Eastern Time at the end of available at https://www.fda.gov/ DEPARTMENT OF HEALTH AND June 25, 2018. Comments received by AdvisoryCommittees/Calendar/ HUMAN SERVICES mail/hand delivery/courier (for written/ default.htm. Scroll down to the paper submissions) will be considered appropriate advisory committee meeting Food and Drug Administration timely if they are postmarked or the link. delivery service acceptance receipt is on [Docket No. FDA–2017–N–6644] Procedure: Interested persons may or before that date. present data, information, or views, Fiscal Year 2018 Generic Drug Electronic Submissions orally or in writing, on issues pending Regulatory Science Initiatives; Public before the committees. Written Workshop; Request for Comments Submit electronic comments in the submissions may be made to the contact following way: person on or before May 8, 2018. Oral AGENCY: Food and Drug Administration, • Federal eRulemaking Portal: presentations from the public will be HHS. https://www.regulations.gov. Follow the scheduled between approximately 1 ACTION: Notice of public workshop; instructions for submitting comments. p.m. and 2 p.m. Those individuals request for comments. Comments submitted electronically, interested in making formal oral including attachments, to https:// presentations should notify the contact SUMMARY: The Food and Drug www.regulations.gov will be posted to person and submit a brief statement of Administration (FDA, the Agency, or the docket unchanged. Because your the general nature of the evidence or we) is announcing the following public comment will be made public, you are arguments they wish to present, the workshop entitled ‘‘FY 2018 Generic solely responsible for ensuring that your names and addresses of proposed Drug Regulatory Science Initiatives.’’ comment does not include any participants, and an indication of the The purpose of the public workshop is confidential information that you or a approximate time requested to make to provide an overview of the status of third party may not wish to be posted, their presentation on or before April 30, regulatory science initiatives for generic such as medical information, your or 2018. Time allotted for each drugs and an opportunity for public anyone else’s Social Security number, or presentation may be limited. If the input on these initiatives. FDA is confidential business information, such number of registrants requesting to seeking this input from a variety of as a manufacturing process. Please note speak is greater than can be reasonably stakeholders—industry, academia, that if you include your name, contact accommodated during the scheduled patient advocates, professional societies, information, or other information that open public hearing session, FDA may and other interested parties—as it identifies you in the body of your

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13492 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

comments, that information will be more information about FDA’s posting FDA is particularly interested in posted on https://www.regulations.gov. of comments to public dockets, see 80 receiving input regarding the following • If you want to submit a comment FR 56469, September 18, 2015, or access three topics: with confidential information that you the information at: https://www.gpo.gov/ 1. FY 2018 regulatory science do not wish to be made available to the fdsys/pkg/FR-2015-09-18/pdf/2015- initiatives,2 including specific products public, submit the comment as a 23389.pdf. or actions that FDA should consider as written/paper submission and in the Docket: For access to the docket to it implements those initiatives, manner detailed (see ‘‘Written/Paper read background documents or the 2. newly approved new drug Submissions’’ and ‘‘Instructions’’). electronic and written/paper comments applications that may pose scientific Written/Paper Submissions received, go to https:// challenges to the future development of www.regulations.gov and insert the generic products referencing those Submit written/paper submissions as docket number, found in brackets in the applications, and follows: • heading of this document, into the 3. regulatory science initiatives that Mail/Hand delivery/Courier (for ‘‘Search’’ box and follow the prompts FDA should begin to consider in FY written/paper submissions): Dockets and/or go to the Dockets Management 2019. Management Staff (HFA–305), Food and Staff, 5630 Fishers Lane, Rm. 1061, FDA will consider all comments made Drug Administration, 5630 Fishers Rockville, MD 20852. at this workshop or received through the Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: ADDRESSES • For written/paper comments docket (see ) as it develops its submitted to the Dockets Management Stephanie Choi, Center for Drug FY 2019 regulatory science initiatives. Staff, FDA will post your comment, as Evaluation and Research, Food and Information concerning the regulatory well as any attachments, except for Drug Administration, 10903 New science initiatives for generic drugs can information submitted, marked and Hampshire Ave., Bldg. 75, Rm. 4736, be found at https://www.fda.gov/ identified, as confidential, if submitted Silver Spring, MD 20993, 240–402– gdufaregscience. 7960, [email protected]; or as detailed in ‘‘Instructions.’’ III. Participating in the Public Robert Lionberger, Center for Drug Instructions: All submissions received Workshop must include the Docket No. FDA– Evaluation and Research, Food and 2017–N–6644 for ‘‘FY 2018 Generic Drug Administration, 10903 New Registration: To register for the public Drug Regulatory Science Initiatives; Hampshire Ave., Bldg. 75, Rm. 4722, workshop, please provide complete Public Workshop; Request for Silver Spring, MD 20993, 240–402– contact information for each attendee, Comments.’’ Received comments, those 7957, [email protected]. including name, title, affiliation, filed in a timely manner (see SUPPLEMENTARY INFORMATION: address, email, and telephone to [email protected]. ADDRESSES), will be placed in the docket I. Background and, except for those submitted as Please also indicate in the email ‘‘Confidential Submissions,’’ publicly In July 2012, Congress passed the whether attendance will be by webcast viewable at https://www.regulations.gov Generic Drug User Fee Amendments of or in person. or at the Dockets Management Staff 2012 (GDUFA I) (Pub. L. 112–144). Registration is free and based on between 9 a.m. and 4 p.m., Monday GDUFA I was designed to enhance space availability, with priority given to through Friday. public access to safe, high-quality early registrants. Persons interested in • Confidential Submissions—To generic drugs and to modernize the attending this public workshop must submit a comment with confidential generic drug program. To support this register online by April 24, 2018, information that you do not wish to be goal, FDA agreed in the GDUFA I midnight Eastern Time. Early made publicly available, submit your commitment letter to work with registration is recommended because comments only as a written/paper industry and interested stakeholders on seating is limited; therefore, FDA may submission. You should submit two identifying regulatory science initiatives limit the number of participants from copies total. One copy will include the specific to generic drugs for each fiscal each organization. Registrants will information you claim to be confidential year covered by GDUFA I. receive confirmation when they have with a heading or cover note that states In August 2017, GDUFA I was been accepted. ‘‘THIS DOCUMENT CONTAINS reauthorized until September 2022 If you need special accommodations CONFIDENTIAL INFORMATION.’’ The through GDUFA II (Pub. L. 115–52). In due to a disability, please contact 1 Agency will review this copy, including the GDUFA II commitment letter, FDA Stephanie Choi (see FOR FURTHER the claimed confidential information, in agreed to conduct annual public INFORMATION CONTACT) no later than its consideration of comments. The workshops ‘‘to solicit input from April 24, 2018. second copy, which will have the industry and stakeholders for inclusion Requests for Oral Presentations: claimed confidential information in an annual list of GDUFA II During online registration you may redacted/blacked out, will be available [r]egulatory [s]cience initiatives.’’ The indicate if you wish to present during a for public viewing and posted on public workshop scheduled for May 24, public comment session or participate https://www.regulations.gov. Submit 2018, seeks to fulfill this agreement. in a specific session, and which topic(s) both copies to the Dockets Management II. Topics for Discussion at the Public you wish to address. We will do our Staff. If you do not wish your name and Workshop best to accommodate requests to make contact information to be made publicly public comments (and requests to The purpose of the public workshop available, you can provide this participate in the focused sessions). is to obtain input from industry and information on the cover sheet and not Individuals and organizations with other interested stakeholders on the in the body of your comments and you common interests are urged to identification of generic drug regulatory must identify this information as consolidate or coordinate their science initiatives for FY 2019. ‘‘confidential.’’ Any information marked 2 The FY 2018 regulatory science initiatives are as ‘‘confidential’’ will not be disclosed 1 The GDUFA II commitment letter is available at available at https://www.fda.gov/downloads/Drugs/ except in accordance with 21 CFR 10.20 https://www.fda.gov/downloads/ForIndustry/ ResourcesForYou/Consumers/BuyingUsing and other applicable disclosure law. For UserFees/GenericDrugUserFees/UCM525234.pdf. MedicineSafely/GenericDrugs/UCM582777.pdf.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13493

presentations, and request time for a DEPARTMENT OF HEALTH AND You may submit comments as joint presentation, or submit requests for HUMAN SERVICES follows: designated representatives to participate Electronic Submissions in the focused sessions. Following the Food and Drug Administration Submit electronic comments in the close of registration, we will determine [Docket No. FDA–2018–N–1015] the amount of time allotted to each following way: • Federal eRulemaking Portal: presenter and the approximate time Joint Meeting of the Arthritis Advisory https://www.regulations.gov. Follow the each oral presentation is to begin, and Committee and the Drug Safety and instructions for submitting comments. will select and notify participants by Risk Management Advisory Committee; Notice of Meeting; Comments submitted electronically, May 8, 2018. All requests to make oral including attachments, to https:// presentations must be received by the Establishment of a Public Docket; Request for Comments www.regulations.gov will be posted to close of registration on April 24, 2018, the docket unchanged. Because your midnight Eastern Time. If selected for AGENCY: Food and Drug Administration, comment will be made public, you are presentation, any presentation materials HHS. solely responsible for ensuring that your must be emailed to ACTION: Notice; establishment of a comment does not include any [email protected] public docket; request for comments. confidential information that you or a no later than May 17, 2018, midnight third party may not wish to be posted, SUMMARY: Eastern Time. No commercial or The Food and Drug such as medical information, your or Administration (FDA) announces a promotional material will be permitted anyone else’s Social Security number, or forthcoming public advisory committee to be presented or distributed at the confidential business information, such meeting of the Arthritis Advisory as a manufacturing process. Please note public workshop. Committee and the Drug Safety and Risk that if you include your name, contact Streaming Webcast of the Public Management Advisory Committee. The information, or other information that Workshop: This public workshop will general function of the committees is to identifies you in the body of your also be webcast. Please register online provide advice and recommendations to comments, that information will be by April 24, 2018, midnight Eastern FDA on regulatory issues. The meeting posted on https://www.regulations.gov. will be open to the public. FDA is Time to attend the workshop remotely. • If you want to submit a comment establishing a docket for public Please note that remote attendees will with confidential information that you comment on this document. not be able to speak or make do not wish to be made available to the presentations during the public DATES: The meeting will be held on public, submit the comment as a comment period or during any other April 24 and 25, 2018, from 8 a.m. to 5 written/paper submission and in the session of the workshop. To join the p.m. manner detailed (see ‘‘Written/Paper workshop via the webcast, please go to ADDRESSES: FDA White Oak Campus, Submissions’’ and ‘‘Instructions’’). https://collaboration.fda.gov/ 10903 New Hampshire Ave., Bldg. 31 Written/Paper Submissions gdufa2018/. Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993–0002. Submit written/paper submissions as If you have never attended a Connect Answers to commonly asked questions follows: Pro event before, test your connection at including information regarding special • Mail/Hand delivery/Courier (for https://collaboration.fda.gov/common/ accommodations due to a disability, _ written/paper submissions): Dockets help/en/support/meeting test.htm. To visitor parking, and transportation may Management Staff (HFA–305), Food and get a quick overview of the Connect Pro be accessed at: https://www.fda.gov/ Drug Administration, 5630 Fishers program, visit https://www.adobe.com/ AdvisoryCommittees/AboutAdvisory Lane, Rm. 1061, Rockville, MD 20852. go/connectpro_overview. FDA has Committees/ucm408555.htm. • For written/paper comments verified the website addresses in this FDA is establishing a docket for submitted to the Dockets Management document, as of the date this document public comment on this meeting. The Staff, FDA will post your comment, as publishes in the Federal Register, but docket number is FDA–2018–N–1015. well as any attachments, except for websites are subject to change over time. The docket will close on April 23, 2018. information submitted, marked and Transcripts: Please be advised that as Submit either electronic or written identified, as confidential, if submitted soon as a transcript of the public comments on this public meeting by as detailed in ‘‘Instructions.’’ April 23, 2018. Please note that late, Instructions: All submissions received workshop is available, it will be untimely filed comments will not be must include the Docket No. FDA– accessible at https:// considered. Electronic comments must 2018–N–1015 for ‘‘Joint Meeting of the www.regulations.gov or at https:// be submitted on or before April 23, Arthritis Advisory Committee and the www.fda.gov/gdufaregscience. It may be 2018. The https://www.regulations.gov Drug Safety and Risk Management viewed at the Dockets Management Staff electronic filing system will accept Advisory Committee; Notice of Meeting; (see ADDRESSES). A link to the transcript comments until midnight Eastern Time Establishment of a Public Docket; will also be available on the internet at at the end of April 23, 2018. Comments Request for Comments.’’ Received https://www.fda.gov/gdufaregscience. received by mail/hand delivery/courier comments, those filed in a timely Dated: March 21, 2018. (for written/paper submissions) will be manner (see the ADDRESSES section), Leslie Kux, considered timely if they are will be placed in the docket and, except postmarked or the delivery service for those submitted as ‘‘Confidential Associate Commissioner for Policy. acceptance receipt is on or before that Submissions,’’ publicly viewable at [FR Doc. 2018–06260 Filed 3–28–18; 8:45 am] date. https://www.regulations.gov or at the BILLING CODE 4164–01–P Comments received on or before April Dockets Management Staff between 9 10, 2018, will be provided to the a.m. and 4 p.m., Monday through committees. Comments received after Friday. that date will be taken into • Confidential Submissions—To consideration by FDA. submit a comment with confidential

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13494 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

information that you do not wish to be learn about possible modifications conduct a lottery to determine the made publicly available, submit your before coming to the meeting. speakers for the scheduled open public comments only as a written/paper SUPPLEMENTARY INFORMATION: hearing session. The contact person will submission. You should submit two Agenda: The committees will be notify interested persons regarding their copies total. One copy will include the asked to discuss supplemental new drug request to speak by April 3, 2018. information you claim to be confidential application (sNDA) 20998, for Persons attending FDA’s advisory with a heading or cover note that states CELEBREX (celecoxib) capsules committee meetings are advised that ‘‘THIS DOCUMENT CONTAINS submitted by Pfizer, Inc., which FDA is not responsible for providing CONFIDENTIAL INFORMATION.’’ FDA includes the results from the access to electrical outlets. will review this copy, including the PRECISION (Prospective Randomized For press inquiries, please contact the claimed confidential information, in its Evaluation of Celecoxib Integrated Office of Media Affairs at fdaoma@ consideration of comments. The second Safety vs. Ibuprofen Or Naproxen) trial, fda.hhs.gov or 301–796–4540. copy, which will have the claimed a cardiovascular outcomes randomized FDA welcomes the attendance of the confidential information redacted/ controlled trial that compared celecoxib public at its advisory committee blacked out, will be available for public to ibuprofen and naproxen, and meetings and will make every effort to viewing and posted on https:// determine whether the findings of the accommodate persons with disabilities. www.regulations.gov. Submit both trial change FDA’s current If you require special accommodations copies to the Dockets Management Staff. understanding of the safety of these due to a disability, please contact If you do not wish your name and three NSAIDs. In order to interpret some Jennifer Shepherd (see FOR FURTHER contact information to be made publicly of the PRECISION findings, the INFORMATION CONTACT) at least 7 days in available, you can provide this committees will also consider the advance of the meeting. information on the cover sheet and not clinical implications of the drug FDA is committed to the orderly in the body of your comments and you interactions between each of these three conduct of its advisory committee must identify this information as NSAIDs and aspirin in patients taking meetings. Please visit our website at ‘‘confidential.’’ Any information marked aspirin for secondary prevention of https://www.fda.gov/Advisory as ‘‘confidential’’ will not be disclosed cardiovascular disease. Committees/AboutAdvisoryCommittees/ except in accordance with 21 CFR 10.20 FDA intends to make background ucm111462.htm for procedures on and other applicable disclosure law. For material available to the public no later public conduct during advisory more information about FDA’s posting than 2 business days before the meeting. committee meetings. of comments to public dockets, see 80 If FDA is unable to post the background Notice of this meeting is given under FR 56469, September 18, 2015, or access material on its website prior to the the Federal Advisory Committee Act the information at: https://www.gpo.gov/ meeting, the background material will (5 U.S.C. app. 2). fdsys/pkg/FR-2015-09-18/pdf/2015- be made publicly available at the Dated: March 21, 2018. 23389.pdf. location of the advisory committee Leslie Kux, Docket: For access to the docket to meeting, and the background material Associate Commissioner for Policy. will be posted on FDA’s website after read background documents or the [FR Doc. 2018–06309 Filed 3–28–18; 8:45 am] the meeting. Background material is electronic and written/paper comments BILLING CODE 4164–01–P available at https://www.fda.gov/ received, go to https:// AdvisoryCommittees/Calendar/ www.regulations.gov and insert the default.htm. Scroll down to the docket number, found in brackets in the DEPARTMENT OF HEALTH AND appropriate advisory committee meeting heading of this document, into the HUMAN SERVICES link. ‘‘Search’’ box and follow the prompts Procedure: Interested persons may and/or go to the Dockets Management National Institutes of Health present data, information, or views, Staff, 5630 Fishers Lane, Rm. 1061, orally or in writing, on issues pending Government-Owned Invention; Rockville, MD 20852. before the committees. All electronic Availability for Licensing FOR FURTHER INFORMATION CONTACT: and written submissions submitted to AGENCY: National Institutes of Health, Jennifer Shepherd, Center for Drug the Docket (see ADDRESSES) on or before HHS. Evaluation and Research, Food and April 10, 2018, will be provided to the Drug Administration, 10903 New committees. Oral presentations from the ACTION: Notice. Hampshire Ave., Bldg. 31, Rm. 2417, public will be scheduled between SUMMARY: The inventions listed below Silver Spring, MD 20993–0002, 301– approximately 8:30 a.m. and 9:30 a.m. are owned by an agency of the U.S. 796–9001, Fax: 301–847–8533, email: on April 25, 2018. Those individuals Government. [email protected], or FDA Advisory interested in making formal oral Committee Information Line, 1–800– presentations should notify the contact FOR FURTHER INFORMATION CONTACT: 741–8138 (301–443–0572 in the person and submit a brief statement of Licensing information may be obtained Washington, DC area). A notice in the the general nature of the evidence or by emailing the indicated licensing Federal Register about last minute arguments they wish to present, the contact at the National Heart, Lung, and modifications that impact a previously names and addresses of proposed Blood, Office of Technology Transfer announced advisory committee meeting participants, and an indication of the and Development Office of Technology cannot always be published quickly approximate time requested to make Transfer, 31 Center Drive Room 4A29, enough to provide timely notice. their presentation on or before April 2, MSC 2479, Bethesda, MD 20892–2479; Therefore, you should always check 2018. Time allotted for each telephone: 301- 402–5579. A signed FDA’s website at https://www.fda.gov/ presentation may be limited. If the Confidential Disclosure Agreement may AdvisoryCommittees/default.htm and number of registrants requesting to be required to receive any unpublished scroll down to the appropriate advisory speak is greater than can be reasonably information. committee meeting link, or call the accommodated during the scheduled SUPPLEMENTARY INFORMATION: The advisory committee information line to open public hearing session, FDA may following inventions are available for

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13495

licensing in accordance with 35 U.S.C. September 30, 2016, (NIH Reference No. Name of Committee: Board of Scientific 209 and 37 CFR part 404 to achieve E–165–2015/0,1). Counselors, NICHD. expeditious commercialization of Publications: Lentiviral protein Date: June 1, 2018. results of federally-funded research and Open: 8:00 a.m. to 11:45 a.m. delivery system for RNA-guided genome Agenda: A report by the Scientific Director, development. Technology description editing, PCT Publication No. WO/2017/ NICHD, on the status of the NICHD Division follows. 059241, published April 6, 2017. of Intramural Research; talks by various Lentiviral Protein Delivery System for Licensing Contact: Cristina intramural scientists, and current RNA-Guided Genome Editing Thalhammer-Reyero, Ph.D., M.B.A.; organizational structure. 301–435–4507; [email protected]. Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Description of Technology: This Collaborative Research Opportunity: invention provides an HIV–1-based Center Drive, Bethesda, MD 20892. The National Heart, Lung and Blood Closed: 11:45 a.m. to 4:00 p.m. lentiviral vector system for gene Institute is seeking statements of correction strategies involving a Agenda: To review and evaluate personal capability or interest from parties qualifications and performance, and homologous recombination with a interested in collaborative research to competence of individual investigators. variation of the CRISPR/Cas9 system. further develop, evaluate or Place: National Institutes of Health, Such systems are being explored as commercialize this technology. For Building 31A, Conference Room 2A48, 31 potential therapies for certain hereditary collaboration opportunities, please Center Drive, Bethesda, MD 20892. diseases. This system comprises (a) a contact Denise Crooks at crooksd@ Contact Person: Constantine A. Stratakis, MD, D(med)Sci, Scientific Director, Eunice lentivirus vector particle comprising a mail.nih.gov. lentiviral genome which encodes at Kennedy Shriver National Institute of Child least one guide RNA sequence that is Dated: March 22, 2018. Health and Human Development, NIH, complementary to a first DNA sequence Cristina Thalhammer-Reyero, Building 31A, Room 2A46, 31 Center Drive, Bethesda, MD 20892, 301–594–5984, Senior Licensing and Patenting Manager, in a host cell genome, (b) a Cas9 protein, [email protected]. and optionally (c) a donor nucleic acid Office of Technology Transfer and Information is also available on the molecule comprising a second DNA Development, National Heart, Lung, and Blood Institute. Institute’s/Center’s home page: https:// sequence. In addition, the invention www.nichd.nih.gov/about/meetings/Pages/ [FR Doc. 2018–06364 Filed 3–28–18; 8:45 am] provides a host cell comprising the index.aspx, where an agenda and any foregoing system, as well as a method of BILLING CODE 4140–01–P additional information for the meeting will altering a DNA sequence in a host cell be posted when available. comprising contacting a host cell with (Catalogue of Federal Domestic Assistance the foregoing system. Alternatively, the DEPARTMENT OF HEALTH AND Program Nos.93.864, Population Research; invention also provides a fusion protein HUMAN SERVICES 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation comprising a Cas9 protein and a National Institutes of Health cyclophilin A (CypA) protein, wherein Research; 93.209, Contraception and the fusion protein binds to the lentivirus Infertility Loan Repayment Program, National Eunice Kennedy Shriver National Institutes of Health, HHS) vector particle, as well as a lentiviral Institute of Child Health and Human vector particle comprising such a fusion Development; Notice of Meeting Dated: March 23, 2018. protein. Other such lentivirus-based Michelle Trout, vectors encode a guide RNA, which Pursuant to section 10(d) of the Program Analyst, Office of Federal Advisory contains a specific sequence that Federal Advisory Committee Act, as Committee Policy. recognizes a target gene, and a Cas9 amended, notice is hereby given of a [FR Doc. 2018–06259 Filed 3–28–18; 8:45 am] endonuclease, which cuts at the specific meeting of the Board of Scientific BILLING CODE 4140–01–P site. However, such systems present Counselors, NICHD. some problems due to constitutive The meeting will be open to the expression of Cas9 endonuclease in public as indicated below, with the DEPARTMENT OF HEALTH AND lentiviral vector-transduced cells and attendance limited to space available. HUMAN SERVICES the large size of the Cas9 gene. The Individuals who plan to attend and variation of this invention delivers the need special assistance, such as sign National Institutes of Health Cas9 endonuclease directly, instead of language interpretation or other Eunice Kennedy Shriver National the gene encoding the protein. reasonable accommodations, should Institute of Child Health and Human Potential Commercial Applications: notify the Contact Person listed below Development; Notice of Meeting Clinical trials for hereditary diseases in advance of the meeting. such as sickle-cell disease and beta- The meeting will be closed to the Pursuant to section 10(a) of the thalassemia are good market public as indicated below in accordance Federal Advisory Committee Act, as opportunities. Gene correction using the with the provisions set forth in section amended (5 U.S.C. App.), notice is disclosed lentiviral vector system are 552b(c)(6), Title 5 U.S.C., as amended hereby given of a meeting of the being tested with respect to the beta- for the review, discussion, and National Advisory Board on Medical globin gene and the BCL11A gene to evaluation of individual intramural Rehabilitation Research. The meeting treat sickle-cell disease and will be used programs and projects conducted by the will be open to the public, with for induced pluripotent stem cell (iPS) Eunice Kennedy Shriver National attendance limited to space available. generation. Institute Of Child Health And Human Individuals who plan to attend and Development Stage: Early-stage. In Development, including consideration need special assistance, such as sign vitro data in cell-line models available. of personnel qualifications and language interpretation or other Inventors: Naoya Uchida, Juan J. Haro performance, and the competence of reasonable accommodations, should Mora and John F. Tisdale (NHLBI). individual investigators, the disclosure notify the Contact Person listed below Intellectual Property: US Application of which would constitute a clearly in advance of the meeting. No. 62/236,223, filed October 2, 2015 unwarranted invasion of personal Name of Committee: National Advisory and PCT/US2016/054759, filed privacy. Board on Medical Rehabilitation Research.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13496 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Date: May 7–8, 2018. DATES: Completed applications should receive no salary, reimbursement of Time: May 7, 2018, 9:00 a.m. to 5:00 p.m. reach the U.S. Coast Guard on or before travel expenses, or other compensation Agenda: NICHD Director’s report; May 29, 2018. from the Federal Government. Inclusion at NIH; Clinical Trials Policy The Department of Homeland Updates; Update on NIH Rehabilitation ADDRESSES: Applicants should send a Research Plan Analysis; Communication and cover letter expressing interest in an Security does not discriminate in Dissemination Strategies; Pathways to appointment to the Chemical selection of Committee members on the Prevention. Transportation Advisory Committee that basis of race, color, religion, sex, Place: NICHD Offices, 6710B Rockledge also identifies which membership national origin, political affiliation, Drive, Rooms 1425/1427, Bethesda, MD category the applicant is applying sexual orientation, gender identity, 20892. under, along with a resume detailing the marital status, disabilities and genetic Time: May 8, 2018, 8:30 a.m. to 12:00 p.m. applicant’s experience via one of the information, age, membership in an Agenda: Pragmatic Trials at NIH; following methods: employee organization, or any other Rehabilitation 2030: WHO Effort; Scientific • non-merit factor. The Department of Presentation on Multimodal Approaches. By Email: [email protected]; Place: NICHD Offices, 6710B Rockledge Subject Line: Chemical Transportation Homeland Security strives to achieve a Drive, Rooms 1425/1427, Bethesda, MD Advisory Committee; widely diverse candidate pool for all of 20892. • By Fax: (202) 372–8380 ATTN: its recruitment actions. Contact Person: Ralph M. Nitkin, Ph.D., Lieutenant Jake Lobb; or If you are interested in applying to Deputy Director, National Center for Medical • By Mail: Lieutenant Jake Lobb, become a member of the Committee, Rehabilitation Research (NCMRR), Eunice Alternate Designated Federal Official of send your cover letter and resume to Kennedy Shriver National Institute of Child the Chemical Transportation Advisory Lieutenant Jake Lobb, Alternate Health and Human Development, NIH, Committee, Commandant, Hazardous Designated Federal Official of the DHHS, 6710B Rockledge Drive, Room 2116, Materials Division (CG–ENG–5), U.S. Chemical Transportation Advisory MSC 7002, Bethesda, MD 20892, (301) 402– 4206, [email protected]. Coast Guard, 2703 Martin Luther King Committee, via one of the transmittal Jr. Ave. SE, Stop 7509, Washington, DC methods in the ADDRESSES section by Information is also available on the DATES Institute’s/Center’s home page: http:// 20593–7509. the deadline in the section of this www.nichd.nih.gov/about/advisory/nabmrr/ FOR FURTHER INFORMATION CONTACT: notice. All email submittals will receive Pages/index.aspx where the current roster Lieutenant Jake Lobb of the Chemical email receipt confirmation. and minutes from past meetings are posted. Transportation Advisory Committee; Dated: March 23, 2018. (Catalogue of Federal Domestic Assistance (202) 372–1428; [email protected]. Jeffrey G. Lantz, Program Nos. 93.864, Population Research; SUPPLEMENTARY INFORMATION: The Director, Commercial Regulations and 93.865, Research for Mothers and Children; Chemical Transportation Advisory Standards. 93.929, Center for Medical Rehabilitation Committee is a federal advisory Research; 93.209, Contraception and [FR Doc. 2018–06385 Filed 3–28–18; 8:45 am] Infertility Loan Repayment Program, National committee which operates under the BILLING CODE 9110–04–P Institutes of Health, HHS) provisions of the Federal Advisory Committee Act, 5 U.S.C. Appendix. Dated: March 23, 2018. The Chemical Transportation DEPARTMENT OF HOMELAND Michelle Trout, Advisory Committee provides advice SECURITY Program Analyst, Office of Federal Advisory and recommendations to the Committee Policy. Department of Homeland Security on Federal Emergency Management [FR Doc. 2018–06258 Filed 3–28–18; 8:45 am] matters relating to the safe and secure Agency BILLING CODE 4140–01–P marine transportation of hazardous materials insofar as they relate to [Docket ID: FEMA–2018–0012; OMB No. matters within the United States Coast 1660–NEW] DEPARTMENT OF HOMELAND Guard’s jurisdiction. Agency Information Collection SECURITY The Chemical Transportation Activities: Proposed Collection; Advisory Committee meets at least Comment Request; National Coast Guard twice per year. It may also meet for Catastrophic Resource Catalog extraordinary purposes. Its [Docket No. USCG–2018–0042] subcommittees may meet to consider AGENCY: U.S. Fire Administration, Chemical Transportation Advisory specific problems as required. Federal Emergency Management Committee; Vacancies The U.S. Coast Guard will consider Agency, DHS. applications for 8 positions that become ACTION: Notice and request for AGENCY: U.S. Coast Guard, Department vacant on September 16, 2018. The comments. of Homeland Security. membership categories are: Chemical ACTION: Request for applications. manufacturing, marine handling or SUMMARY: The Federal Emergency transportation of chemicals, vessel Management Agency (FEMA), as part of SUMMARY: The U.S. Coast Guard seeks design and construction, marine safety its continuing effort to reduce applications for membership on the or security, and marine environmental paperwork and respondent burden, Chemical Transportation Advisory protection. All members of the Chemical invites the general public to take this Committee. The Chemical Transportation Advisory Committee are opportunity to comment on a new Transportation Advisory Committee Representatives. Each Chemical information collection. In accordance provides advice and makes Transportation Advisory Committee with the Paperwork Reduction Act of recommendations on matters relating to member serves for a term of three years, 1995, this notice seeks comments the safe and secure marine and may serve no more than two concerning the identification and transportation of hazardous materials consecutive three-year terms. A member cataloging of fire and emergency insofar as they relate to matters within appointed to fill an unexpired term may services personnel and equipment that the United States Coast Guard’s serve the remainder of that term. All might be available to support a jurisdiction. members serve at their own expense and catastrophic national disaster response.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13497

DATES: Comments must be submitted on them. Fire and Emergency Services will that could be mobilized to support a or before May 29, 2018. need to draw on assistance from systems national catastrophic disaster response. ADDRESSES: To avoid duplicate beyond their normal mutual-aid Affected Public: Not-for-profit submissions to the docket, please use boundaries, executing regional, institutions; State, Local or Tribal only one of the following means to statewide and interstate mutual-aid Governments. submit comments: systems. For example, the State Estimated Number of Respondents: (1) Online. Submit comments at Emergency Management Agency may 3,947. www.regulations.gov under Docket ID coordinate the use of the Emergency Estimated Number of Responses: FEMA–2018–0012. Follow the Management Assistance Compact 3,947. instructions for submitting comments. (EMAC). Many Federal agencies who Estimated Total Annual Burden (2) Mail. Submit written comments to have a role in disaster response under Hours: 439. Docket Manager, Office of Chief the Robert T. Stafford Disaster Relief Estimated Total Annual Respondent Counsel, DHS/FEMA, 500 C Street SW, and Emergency Assistance Act, Public Cost: $23,728.94. 8NE, Washington, DC 20472–3100. Law 93–288, as amended, 42 U.S.C. Estimated Respondents’ Operation All submissions received must 5121 et seq., depend to some extent on and Maintenance Costs: $0. include the agency name and Docket ID. the support of skilled and equipped Estimated Respondents’ Capital and Regardless of the method used for citizens. However, during a catastrophic Start-Up Costs: $0. submitting comments or material, all event (such as in a New Madrid Estimated Total Annual Cost to the submissions will be posted, without earthquake), these mutual-aid systems Federal Government: $85,824.49. change, to the Federal eRulemaking will be immediately overwhelmed. Portal at http://www.regulations.gov, Responders who support Fire and Comments and will include any personal Emergency Services, as well as involved Comments may be submitted as information you provide. Therefore, Federal agencies themselves, may be indicated in the ADDRESSES caption submitting this information makes it impacted to such an extent that they are above. Comments are solicited to (a) public. You may wish to read the not available to deploy. evaluate whether the proposed data Privacy Act notice that is available via The goal of this information collection collection is necessary for the proper the link in the footer of is to help facilitate a sustained response performance of the agency, including www.regulations.gov. to a catastrophic event where response whether the information shall have services are limited and the demand for FOR FURTHER INFORMATION CONTACT: practical utility; (b) evaluate the Thomas Murray, Fire Program them is overwhelmed. The information accuracy of the agency’s estimate of the Specialist, FEMA, U.S. Fire contained in the National Catastrophic burden of the proposed collection of Administration, (301) 447–1588, Resource Catalog (NCRC) will provide a information, including the validity of [email protected]. You foundation to supplement existing the methodology and assumptions used; may contact the Information mutual-aid systems and sustain a long- (c) enhance the quality, utility, and Management Division for copies of the term response operation. The USFA clarity of the information to be proposed collection of information at staff, deployed to the National Response collected; and (d) minimize the burden email address: FEMA-Information- Coordination Center (NRCC) in of the collection of information on those [email protected]. Washington DC, will assess the situation who are to respond, including through and evaluate the availability of the SUPPLEMENTARY INFORMATION: the use of appropriate automated, NIMS-typed capabilities and electronic, mechanical, or other Implementation of the concepts within credentialed personnel contained in the the National Response Framework technological collection techniques or NCRC. The information will be used by other forms of information technology, (NRF) and Response Federal Interagency NRCC personnel to coordinate the Operational Plan (FIOP) is mandatory e.g., permitting electronic submission of deployment of teams, persons and responses. for Federal departments and agencies. equipment to sustain the response Dated: March 13, 2018. See 6 U.S.C. 314. According to the NRF, operation. the U.S. Fire Administration (USFA), as William H. Holzerland, a support agency to Emergency Support Collection of Information Senior Director for Information Management, Function (ESF)—4, Firefighting, is Title: National Catastrophic Resource Office of the Chief Administrative Officer, responsible for coordinating the support Catalog. Mission Support, Federal Emergency for the detection and suppression of Type of Information Collection: New Management Agency, Department of fires. To meet the requirements of the information collection. Homeland Security. FIOP, the USFA, supporting the Core OMB Number: OMB Collection 1660– [FR Doc. 2018–06277 Filed 3–28–18; 8:45 am] Capability of Fire Management and NEW. BILLING CODE 9111–45–P Suppression, will provide National FEMA Forms: FEMA Form 035–0–1, Incident Management System (NIMS) National Catastrophic Resource Catalog. resources (e.g., personnel and Abstract: This information collection DEPARTMENT OF HOMELAND equipment) necessary to support will help USFA meet the ESF–4 SECURITY wildland, rural, and urban firefighting firefighting resource requirements operations resulting from, or occurring before/during a national catastrophic [Docket No. DHS–2018–0016] coincidentally with, an all-hazards disaster response, such as an incident requiring a coordinated earthquake, hurricane, or terroristic act. Homeland Security Science and national response for assistance. USFA will pre-identify those Technology Advisory Committee Flooding, tornadoes and hurricanes specialized resources that may be AGENCY: Science and Technology do not follow geo-political boundaries. available to support a disaster response. Directorate, DHS. The larger and more widespread the This collection will be solicited from ACTION: Committee management; notice event, the greater the likelihood that the the nation’s fire and emergency services of open Federal Advisory Committee existing local mutual-aid systems will on a voluntary basis to establish a meeting. not meet the demands placed upon catalog/database of potential resources

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13498 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

SUMMARY: The Homeland Security III. Public Comment Subcommittee. In addition, a new Science and Technology Advisory At the end of the open session, there subcommittee on Technology Scouting Committee (HSSTAC) will meet in- will be a period for oral statements. and Technology Forecasting will be person and via webinar on Thursday, Please note that the comments period announced. April 12, 2018. The meeting will be may end before the time indicated, There will be a discussion on new open to the public. following the last call for oral topics for the SMWGDSC, including DATES: The HSSTAC meeting will take statements. To register as a speaker, future technology and shifts in trends. place Thursday, April 12, 2018 from contact the person listed in the FOR The final session of the day will be on 9:30 a.m. to 5:30 p.m. FURTHER INFORMATION CONTACT section. Technology Scouting and Forecasting. The meeting may close early if the To facilitate public participation, we A public comment period will be held committee has completed its business. invite public comment on the issues to at the end of the open session. Due to security requirements, be considered by the committee as listed Dated: March 26, 2018. screening pre-registration is required for in the Agenda below. Anyone is Denis Gusty, this event. Please see the permitted to submit comments at any REGISTRATION section below. Alternate Designated Federal Official for the time, including orally at the meeting. HSSTAC. ADDRESSES: 1120 Vermont Ave. NW, 5th However, those who would like their [FR Doc. 2018–06388 Filed 3–28–18; 8:45 am] Floor, Washington, DC 20005. comments reviewed by committee BILLING CODE 9110–9F–P FOR FURTHER INFORMATION CONTACT: members prior to the meeting must Michel Kareis, HSSTAC Designated submit them in written form no later Federal Official, S&T Interagency Office than April 9, 2018. Please include the DEPARTMENT OF HOMELAND (IAO), STOP 0205, Department of docket number (DHS–2018–0016) and SECURITY Homeland Security, 245 Murray Lane, submit via one of the following Washington, DC 20528–0205, 202–254– methods: U.S. Immigration and Customs 8778 (Office), 202–254–6176 (Fax), • Federal eRulemaking Portal: http:// Enforcement [email protected] (Email). www.regulations.gov. Follow the SUPPLEMENTARY INFORMATION: instructions for submitting comments. Agency Information Collection • Email: [email protected]. Include Activities: Extension, With Changes, of I. Background the docket number in the subject line of an Existing Information Collection; Notice of this meeting is given under the message. Comment Request the Federal Advisory Committee Act • Fax: 202–254–6176. (FACA), 5 U.S.C. Appendix (Pub. L. 92– • Mail: Michel Kareis, HSSTAC ACTION: 30-Day Notice of Information 463). The committee addresses areas of Designated Federal Official, S&T IAO, collection for review; Form No. I–901; interest and importance to the Under STOP 0205, Department of Homeland Fee Remittance for Certain F, J and M Secretary for Science and Technology Security, 245 Murray Lane, Washington, Non-immigrants; OMB Control No. (S&T), such as new developments in DC 20528–0205. 1653–0034. systems engineering, cyber-security, Instructions: All submissions received knowledge management and how best to must include the words ‘‘Department of The Department of Homeland leverage related technologies funded by Homeland Security’’ and docket number Security, U.S. Immigration and Customs other Federal agencies and by the DHS–2018–0016. Comments received Enforcement (USICE) will be submitting private sector. It also advises the Under will be posted without alteration at the following information collection Secretary on policies, management http://www.regulations.gov. request for review and clearance in processes, and organizational constructs Docket: For access to the docket to accordance with the Paperwork as needed. read the background documents or Reduction Act of 1995. The information comments received by the HSSTAC, go collection is published in the Federal II. Registration to http://www.regulations.gov and enter Register to obtain comments from the If you plan to attend the meeting in- the docket number into the search public and affected agencies. This person, you must RSVP by April 10, function: DHS–2018–0016. information collection was previously 2018. To register, email Hsstac@ Agenda: The session will begin with published in the Federal Register on hq.dhs.gov with the following subject remarks from the Designated Federal December 8, 2017, at 82 FRN 58011, line: ‘‘RSVP to HSSTAC Meeting.’’ The Official, Michel Kareis, and the allowing for a 60-day comment period. email should include the name(s), title, Committee Chair, Dr. Vincent Chan. USICE received one comment in organization/affiliation, email address, Next, the Senior Official Performing the connection with the 60-day notice. The and telephone number of those Duties of the Under Secretary for purpose of this notice is to allow an interested in attending. Science and Technology (SOPDUSST) additional 30 days for public comments. To pre-register for the webinar, please will provide an overview of his Written comments and suggestions send an email to [email protected] priorities, including the S&T regarding items contained in this notice with the following subject line: ‘‘RSVP revitalization plan, the DHS Leadership and especially with regard to the to HSSTAC Meeting.’’ The email should Year and a discussion on proposed estimated public burden and associated include the name(s), title, organization/ HSSTAC tasking. response time should be directed to the affiliation, email address, and telephone The afternoon session will begin with Office of Information and Regulatory number of those interested in attending. DHS S&T highlights and subcommittee Affairs, Office of Management and You must RSVP by April 11, 2018. updates. Information will be provided Budget. Comments should be addressed For information on services for by the Social Media Working Group for to the OMB Desk Officer for U.S. individuals with disabilities or to Emergency Services and Disaster Immigration and Customs Enforcement, request special assistance at the Management Subcommittee Department of Homeland Security, and meeting, please contact Michel Kareis as (SMWGEDSC), Quadrennial Homeland sent via electronic mail to oira_ soon as possible listed above in the FOR Security Review Subcommittee, and [email protected] or faxed to FURTHER INFORMATION CONTACT section. Systems Engineering Authority (202) 395–5806.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13499

Written comments and suggestions Program to Enroll F and/or M Indian Housing, Department of Housing from the public and affected agencies Nonimmigrant Students,’’ (73 FR 55683; and Urban Development, 451 Seventh concerning the proposed collection of September 26, 2008), authorized a fee to Street SW, Room 4204, Washington, DC information should address one or more be collected from the F and M 20410–5000, telephone (202) 402–1380 of the following four points: nonimmigrants, not to exceed $200, and (this is not a toll-free number). Persons (1) Evaluate whether the proposed a fee to be collected from the exchange with hearing or speech impairments collection of information is necessary visitors, not to exceed $180, to support may access this number through TTY by for the proper performance of the this information collection program. calling the toll-free Federal Relay functions of the agency, including DHS has implemented the Student and Service at (800) 927–7589. whether the information will have Exchange Visitor Information System SUPPLEMENTARY INFORMATION: The practical utility; (SEVIS) to carry out this statutory regulations governing the HCVP are (2) Evaluate the accuracy of the requirement. published at 24 CFR 982. The purpose agencies estimate of the burden of the (5) An estimate of the total number of of the rental assistance program is to proposed collection of information, respondents and the amount of time assist eligible families to pay their rent including the validity of the estimated for an average respondent to for decent, safe, and sanitary housing in methodology and assumptions used; respond: 740,410 responses at 19 the private rental market. The (3) Enhance the quality, utility, and minutes (.32 hours) per response. regulations for allocating housing clarity of the information to be (6) An estimate of the total public assistance budget authority under collected; and burden (in hours) associated with the (4) Minimize the burden of the Section 213(d) of the Housing and collection: 236,931 annual burden Community Development Act of 1974 collection of information on those who hours. are to respond, including through the are published at 24 CFR part 791, use of appropriate automated, Dated: March 26, 2018. subpart D. electronic, mechanical, or other Scott Elmore, The FY 2017 awardees announced in technological collection techniques or PRA Clearance Officer, Office of the Chief this notice were provided HCVP tenant other forms of information technology, Information Officer, U.S. Immigration and protection vouchers (TPVs) funds on an e.g., permitting electronic submission of Customs Enforcement, Department of as-needed, non-competitive basis, i.e., Homeland Security. responses. not consistent with the provisions of a [FR Doc. 2018–06351 Filed 3–28–18; 8:45 am] Notice of Funding Availability (NOFAs). Overview of This Information BILLING CODE 9111–28–P TPV awards made to PHAs for program Collection actions that displace families living in (1) Type of Information Collection: public housing were made on a first- Extension, with changes, of a currently DEPARTMENT OF HOUSING AND come, first-served basis in accordance approved information collection. URBAN DEVELOPMENT with PIH Notice 2007–10, Voucher (2) Title of the Form/Collection: Fee Funding in Connection with the [Docket No. FR–6088–FA–01] Remittance for Certain F, J and M Demolition or Disposition of Occupied Nonimmigrants. Announcement of Tenant Protection Public Housing Units, and PIH Notice (3) Agency form number, if any, and Voucher Funding Awards for Fiscal 2017–10, ‘‘Implementation of the the applicable component of the Year 2017 for the Housing Choice Federal Fiscal Year (FFY) 2017 Funding Department of Homeland Security Voucher Program Provision for the Housing Choice sponsoring the collection: ICE Form I– Voucher Program.’’ Awards for the 901. U.S. Immigration and Customs AGENCY: Office of the Assistant Rental Assistance Demonstration (RAD) Enforcement. Secretary for Public and Indian were provided for Rental Supplement (4) Affected public who will be asked Housing, HUD. and Rental Assistance Payment Projects or required to respond, as well as a brief ACTION: Announcement of Fiscal Year (RAD Second Component) consistent abstract: Primary: Individuals or 2017 Awards. with PIH Notice 2012–32 (HA), REV–2, households. Public Law 104–208, ‘‘Rental Assistance Demonstration-Final Subtitle D, Section 641 directs the SUMMARY: In accordance with Section Implementation, Revision 2.’’ Attorney General, in consultation with 102(a)(4)(C) of the Department of Announcements of awards provided the Secretary of State and the Secretary Housing and Urban Development under the NOFA process for of Education, to develop and conduct a Reform Act of 1989, this document Mainstream, Designated Housing, program to collect information on notifies the public of Tenant Protection Family Unification (FUP), and Veterans nonimmigrant foreign students and Voucher (TPV) funding awards for Assistance Supportive Housing (VASH) exchange visitors from approved Fiscal Year (FY) 2017 to public housing programs will be published in a separate institutions of higher education, as agencies (PHAs) under the Section 8 Federal Register notice. defined in section 101(a) of the Higher Housing Choice Voucher Program Awards published under this notice Education Act of 1965, as amended or (HCVP). The purpose of this notice is to were provided (1) to assist families in a program of study at any other DHS publish the names, addresses of living in HUD-owned properties that are approved academic or language-training awardees, and the amount of their non- being sold; (2) to assist families affected institution, to include approved private competitive funding awards for assisting by the expiration or termination of their elementary and secondary schools and households affected by housing Section 8 Project-based and Moderate public secondary schools, and from conversion actions, public housing Rehabilitation contracts; (3) to assist approved exchange visitor program relocations and replacements, moderate families in properties where the owner sponsors designated by the Department rehabilitation replacements, and HOPE has prepaid the HUD mortgage; (4) to of State (DOS). The rule, ‘‘Adjusting VI voucher awards. assist families in projects where the Program Fees and Establishing FOR FURTHER INFORMATION CONTACT: Rental Supplement and Rental Procedures for Out-of-Cycle Review and Milan Ozdinec, Deputy Assistant Assistance Payments contracts are Recertification of Schools Certified by Secretary, Office of Public Housing and expired (RAD—Second Component); (5) the Student and Exchange Visitor Voucher Programs, Office of Public and to provide relocation housing assistance

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13500 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

in connection with the demolition of A special administrative fee of $200 and thus have been included with public housing; (6) to assist individuals per occupied unit was provided to obligated commitments for FY 2017. affected by the expiration or termination PHAs to compensate for any In accordance with Section of their Section 8 single room extraordinary HCVP administrative 102(a)(4)(C) of the Department of occupancy (SRO) contracts; and (7) to costs associated with the Multifamily Housing and Urban Development assist families in public housing Housing conversion actions. Reform Act of 1989 (103 Stat. 1987, 42 U.S.C. 3545), the Department is developments that are scheduled for The Department awarded total new publishing the names, addresses of demolition in connection with a HUD- budget authority of $94,468,761 to approved HOPE VI revitalization or awardees, and their award amounts in recipients under all the above- Appendix A. The awardees are listed demolition grant, and (8) to assist mentioned categories for 9,218 housing families consistent with PIH Notice alphabetically by State for each type of choice vouchers. This budget authority TPV award. 2016–12, ‘‘Funding Availability for includes $1,386,144 of unobligated Tenant Protection Voucher for Certain commitments made in FY 2016. These Dated: March 20, 2018. At-Risk Households in Low Vacancy funds were reserved by September 30, Dominique G. Blom, Areas-Fiscal Year 2016.’’ 2016, but not contracted until FY 2017, General Deputy Assistant Secretary for Public and Indian Housing.

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017

Housing agency Address Units Award

Special Fees

Special Fees—At-Risk Households

CA: SAN JOSE HOUSING AUTHORITY ...... 505 WEST JULIAN STREET, SAN JOSE, CA 0 $21,200 95110. MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ..... 0 6,400

Total for Special Fees—At-Risk Households ...... 0 27,600

Special Fees—Opt-Outs/Terminations

CA: CITY OF LOS ANGELES HSG AUTH ...... 2600 WILSHIRE BLVD., 3RD FLOOR, LOS AN- 0 5,600 GELES, CA 90057. CA: COUNTY OF SHASTA HSG AUTH ...... 1670 MARKET STREET, STE. 300, REDDING, 0 1,800 CA 96001. CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 0 1,200 DC: DC HOUSING AUTHORITY...... 1133 NORTH CAPITOL STREET NE, WASH- 0 23,200 INGTON, DC 20002. FL: HOUSING AUTHORITY OF...... 1300 BROAD STREET, JACKSONVILLE, FL 0 9,200 32202. IA: CITY OF DES MOINES MUNICIPAL ...... 2309 EUCLID AVE., DES MOINES, IA 50310 ...... 0 23,400 IA: NORTHWEST IOWA REGIONAL HA ...... P.O. BOX 446, 919 2ND AVENUE SW, SPEN- 0 1,400 CER, IA 51301. IL: CHICAGO HOUSING AUTHORITY ...... 60 EAST VAN BUREN ST., 11TH FLOOR, CHI- 0 1,000 CAGO, IL 60605. IL: HOUSING AUTHORITY OF COOK ...... 175 WEST JACKSON BOULEVARD, SUITE 350, 0 22,000 CHICAGO, IL 60604. IL: HSG AUTHORITY OF THE COUNTY OF ...... 33928 N U.S. HIGHWAY 45, GRAYSLAKE, IL 0 31,600 60030. KS: KANSAS CITY HOUSING AUTHORITY ...... 1124 NORTH NINTH STREET, KANSAS CITY, 0 1,600 KS 66101. KS: ELLIS COUNTY PHA ...... C/O NORTHWEST KS HOUSING, INC., P.O. 0 1,000 BOX 248, 319 N POMEROY. KY: HOPKINSVILLE HOUSING AUTHORITY ...... 400 NORTH ELM STREET, P.O. BOX 437, HOP- 0 2,600 KINSVILLE, KY. MA: SPRINGFIELD HSG AUTHORITY...... 25 SAAB COURT, P.O. BOX 1609, SPRING- 0 5,600 FIELD, MA 01101. MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 0 25,000 MN: ST. PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, 0 8,600 MN 55102. MN: WORTHINGTON HRA...... 819 TENTH STREET, WORTHINGTON, MN 0 1,800 56187. MN: ST. CLOUD HRA ...... 1225 WEST ST. GERMAIN, ST. CLOUD, MN 0 1,200 56301. MN: NW MN MULTI-COUNTY HRA ...... P.O. BOX 128, MENTOR, MN 56736 ...... 0 600 MO: ST. CLAIR CO. HSG. AUTHORITY ...... P.O. BOX 125, APPLETON CITY, MO 64724 ...... 0 1,800 MS: MISS REG H A II ...... P.O. BOX 1887, OXFORD, MS 38655 ...... 0 17,400 NC: HA OF THE CITY OF CHARLOTTE ...... P.O. BOX 36795, 1301 SOUTH BOULEVARD, 0 7,000 CHARLOTTE, NC 28236. NC: HA COUNTY OF WAKE...... 100 SHANNON STREET, P.O. BOX 399, 0 5,600 ZEBULON, NC 27597. ND: STUTSMAN COUNTY HOUSING ...... 300 2ND ST NE–200, JAMESTOWN, ND 58401 0 1,200

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13501

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

ND: HOUSING AUTHORITY OF THE ...... P.O. BOX 5, ASHLEY, ND 58413 ...... 0 2,600 ND: DICKEY/SARGENT HOUSING AUTHORITY P.O. BOX 624, 309 NORTH 2ND, ELLENDALE, 0 5,800 ND 58436. ND: HOUSING AUTHORITY OF THE ...... 3530 33RD AVENUE NE, HARVEY, ND 58341 ... 0 2,800 NE: OMAHA HOUSING AUTHORITY ...... 1805 HARNEY STREET, OMAHA, NE 68102 ...... 0 4,600 NE: CENTRAL NEBRASKA JOINT HSG AUTH .... P.O. BOX 509, LOUP CITY, NE 68853 ...... 0 3,200 NJ: VINELAND HOUSING AUTHORITY ...... 191 CHESTNUT AVENUE, VINELAND, NJ 08360 0 2,000 NV: SOUTHERN NEVADA REGIONAL ...... 340 NORTH 11TH ST., LAS VEGAS, NV 89104 .. 0 1,600 NY: THE CITY OF NEW YORK ...... DEPT. OF HSG. PRESERVATION & DEV., 100 0 200 GOLD STREET, ROOM 501. NY: NYS HSG TRUST FUND CORPORATION .... 38–40 STATE STREET, ALBANY, NY 12207 ...... 0 19,200 OH: COLUMBUS METRO. HA...... 880 EAST 11TH AVENUE, COLUMBUS, OH 0 9,600 43211. OH: CUYAHOGA MHA ...... 8120 KINSMAN ROAD, CLEVELAND, OH 44104 0 1,600 OH: CINCINNATI METROPOLITAN ...... 1635 WESTERN AVE., CINCINNATI, OH 45214 0 31,200 OH: STARK METROPOLITAN HOUSING ...... 400 EAST TUSCARAWAS STREET, CANTON, 0 7,200 OH 44702. OH: MEDINA MHA ...... 850 WALTER ROAD, MEDINA, OH 44256 ...... 0 3,400 PA: HOUSING AUTHORITY OF THE CITY OF .... 200 ROSS STREET, ATTN: PATRICK 0 21,200 BLACKWELL, PITTSBURGH, PA. PA: PHILADELPHIA HOUSING AUTHORITY ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 0 46,000 19103. PA: BETHLEHEM HOUSING AUTHORITY...... 645 MAIN STREET, 4TH FLOOR OFFICES, 0 1,600 BETHLEHEM, PA 18018. PA: FAYETTE COUNTY HOUSING...... 624 PITTSBURGH ROAD, UNIONTOWN, PA 0 8,000 15401. SD: CITY OF LENNOX HOUSING & ...... P.O. BOX 265, HIGHWAY 17 AT SECOND AVE., 0 400 LENNOX, SD 57039. SD: CITY OF MITCHELL HOUSING & ...... 200 E 15TH AVE., MITCHELL, SD 57301 ...... 0 1,000 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045, 205 W CHURCH ST., GRAND 0 4,000 PRAIRIE, TX 75053. TX: DALLAS COUNTY HOUSING ...... 2377 N STEMMONS FREEWAY, SUITE 600–LB 0 10,200 12, DALLAS, TX 75207. WA: KING COUNTY HOUSING AUTHORITY...... 600 ANDOVER PARK WEST, SEATTLE, WA 0 20,800 98188. WA: BELLINGHAM HOUSING AUTHORITY ...... 208 UNITY ST. LOWER LEVEL, P.O. BOX 9701, 0 9,600 BELLINGHAM, WA 98225. WA: HOUSING AUTHORITY OF SNOHOMISH .... 12625 4TH AVE. W, SUITE 200, EVERETT, WA 0 4,600 98204. WA: PIERCE COUNTY HOUSING ...... 603 S POLK, P.O. BOX 45410, TACOMA, WA 0 2,800 98445.

Total for Special Fees—Opt-Outs/Termi- ...... 0 426,600 nations.

Special Fees—Prepays

CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 0 4,400 FL: HA MIAMI BEACH ...... 200 ALTON ROAD, MIAMI BEACH, FL 33139 ..... 0 6,200 IL: SPRINGFIELD HOUSING AUTHORITY...... 200 NORTH ELEVENTH STREET, SPRING- 0 18,200 FIELD, IL 62703. MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, 0 68,000 MA 02139. MA: HOLYOKE HOUSING AUTHORITY ...... 475 MAPLE STREET, HOLYOKE, MA 01040 ...... 0 8,400 MA: CHICOPEE HOUSING AUTHORITY ...... 128 MEETINGHOUSE ROAD, CHICOPEE, MA 0 32,600 01013. MA: WORCESTER HOUSING AUTHORITY...... 40 BELMONT STREET, WORCESTER, MA 0 31,200 01605. MA: WESTFIELD HSG AUTHORITY ...... ALICE BURKE WAY, P.O. BOX 99, WESTFIELD, 0 49,600 MA 01085. MD: HOUSING AUTHORITY OF BALTIMORE ..... 417 EAST FAYETTE STREET, BALTIMORE, MD 0 35,800 21201. MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 0 12,800 NJ: ATLANTIC CITY HOUSING AUTHORITY ...... 227 VERMONT AVENUE, P.O. BOX 1258, AT- 0 40,400 LANTIC CITY, NJ. NY: ALBANY HOUSING AUTHORITY ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 0 11,000 NY: HA OF ROCHESTER ...... 675 WEST MAIN STREET, ROCHESTER, NY 0 75,400 14611. NY: NYS HSG TRUST FUND CORPORATION .... 38–40 STATE STREET, ALBANY, NY 12207 ...... 0 3,200 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045, 205 W CHURCH ST., GRAND 0 40,000 PRAIRIE, TX 75053. UT: HA OF CITY OF OGDEN ...... 1100 GRANT AVE., OGDEN, UT 84404 ...... 0 8,800

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13502 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

WV: WHEELING HOUSING AUTHORITY...... P.O. BOX 2089, 11 COMMUNITY STREET, 0 24,400 WHEELING, WV 26003.

Total for Special Fees—Prepays ...... 0 470,400

Special Fees—RAD Conversions

CA: SAN FRANCISCO HSG AUTH...... 1815 EGBERT AVE., SAN FRANCISCO, CA 0 26,600 94124. CO: LITTLETON HSG AUTH ...... 5844 S DATURA ST., LITTLETON, CO 80120 ..... 0 41,800 MA: HOLYOKE HOUSING AUTHORITY ...... 475 MAPLE STREET, HOLYOKE, MA 01040 ...... 0 15,200 NJ: ELIZABETH HOUSING AUTHORITY ...... 688 MAPLE AVENUE, ELIZABETH, NJ 07202 .... 0 200 NY: THE CITY OF NEW YORK ...... DEPT. OF HSG. PRESERVATION & DEV., 100 0 9,400 GOLD STREET, ROOM 501. WA: SEATTLE HOUSING AUTHORITY ...... 120 SIXTH AVENUE NORTH, P.O. BOX 19028, 0 6,800 SEATTLE, WA 98109.

Total for Special Fees—RAD Conversions ...... 0 100,000

Special Fees—Relocation—Rent Supplement

MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ..... 0 21,400 MA: WAKEFIELD H A ...... 26 CRESCENT ST., WAKEFIELD, MA 01880 ...... 0 8,600

Total for Special Fees—Relocation—Rent ...... 0 30,000 Supplement.

Total for Special Fees ...... 0 1,054,600

Public Housing TP

Choice Neighborhood Relocation (Sunset Provision)

CA: SAN FRANCISCO HSG AUTH...... 1815 EGBERT AVE., SAN FRANCISCO, CA 89 1,434,218 94124. CT: NORWALK HOUSING AUTHORITY ...... 241⁄2 MONROE STREET, NORWALK, CT 06856 36 545,918 NJ: HOUSING AUTHORITY OF THE CITY OF ..... 2021 WATSON STREET, CAMDEN, NJ 08105 ... 192 1,600,494 WI: HA OF THE CITY OF MILWAUKEE ...... P.O. BOX 324, 809 NORTH BROADWAY, MIL- 100 627,840 WAUKEE, WI 53201.

Total for Choice Neighborhood Relocation ...... 417 4,208,470 (Sunset Provision).

Choice Neighborhood Replacement

CA: COUNTY OF SACRAMENTO HOUSING ...... 801 12TH STREET, SACRAMENTO, CA 95814 .. 141 1,211,235 KY: LOUISVILLE HOUSING AUTHORITY ...... 420 SOUTH EIGHTH STREET, LOUISVILLE, KY 117 912,263 40203. MO: HOUSING AUTHORITY OF KANSAS ...... 920 MAIN STREET, SUITE 701, KANSAS CITY, 78 558,960 MO 64106.

Total for Choice Neighborhood Replacement ...... 336 2,682,458

CPD—SRO Replacement

CO: FORT COLLINS HSG AUTH ...... 1715 W MOUNTAIN AVE., FORT COLLINS, CO 15 121,997 80521. OH: CUYAHOGA MHA ...... 8120 KINSMAN ROAD, CLEVELAND, OH 44104 6 37,347 PA: PHILADELPHIA HOUSING AUTHORITY ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 24 194,412 19103.

Total for CPD—SRO Replacement ...... 45 353,756

Mod Rehab—RAD

CA: SAN FRANCISCO HSG AUTH...... 1815 EGBERT AVE., SAN FRANCISCO, CA 133 2,712,402 94124. CO: LITTLETON HSG AUTH ...... 5844 S DATURA ST., LITTLETON, CO 80120 ..... 209 1,715,572 NY: THE CITY OF NEW YORK ...... DEPT. OF HSG. PRESERVATION & DEV., 100 47 558,180 GOLD STREET, ROOM 501. WA: SEATTLE HOUSING AUTHORITY ...... 120 SIXTH AVENUE NORTH, P.O. BOX 19028, 34 404,026 SEATTLE, WA 98109.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13503

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

Total for Mod Rehab—RAD ...... 423 5,390,180

Mod Replacements

CA: COUNTY OF SACRAMENTO HOUSING ...... 801 12TH STREET, SACRAMENTO, CA 95814 .. 1 8,490 CA: ALAMEDA COUNTY HSG AUTH ...... 22941 ATHERTON STREET, HAYWARD, CA 8 115,392 94541. CO: AURORA HOUSING AUTHORITY ...... 10745 E KENTUCKY AVENUE, AURORA, CO 48 456,180 80012. DC: DC HOUSING AUTHORITY...... 1133 NORTH CAPITOL STREET NE, WASH- 38 413,834 INGTON, DC 20002. FL: HA MIAMI BEACH ...... 200 ALTON ROAD, MIAMI BEACH, FL 33139 ..... 128 1,963,787 IA: CITY OF DES MOINES MUNICIPAL ...... 2309 EUCLID AVE., DES MOINES, IA 50310 ...... 12 59,463 MD: MARYLAND DEPT OF HSG & ...... 7800 HARKINS ROAD, LANHAM, MD 20706 ...... 1 7,516 MI: DETROIT HOUSING COMMISSION ...... 1301 EAST JEFFERSON AVENUE, DETROIT, 5 35,778 MI 48207. NY: CITY OF NORTH TONAWANDA ...... C/O BELMONT HOUSING RESOURCES, 1195 3 11,577 MAIN ST., BUFFALO, NY. OH: CUYAHOGA MHA ...... 8120 KINSMAN ROAD, CLEVELAND, OH 44104 2 12,449 TX: SAN ANTONIO HOUSING AUTHORITY ...... 818 S FLORES STREET, P.O. BOX 1300, SAN 27 172,156 ANTONIO, TX 78295. WA: HOUSING AUTHORITY CITY OF ...... 1207 COMMERCE AVENUE, LONGVIEW, WA 8 42,300 98632. WV: CHARLESTON/KANAWHA HA ...... 1525 WASHINGTON STREET WEST, P.O. BOX 4 21,177 86, CHARLESTON, WV. WV: HOUSING AUTHORITY CITY OF...... P.O. BOX 1475, 1600 HILL AVENUE, BLUE- 6 7,769 FIELD, WV 24701.

Total for Mod Replacements ...... 291 3,327,868

MTW Replacement

MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, 173 2,919,998 MA 02139.

Total for MTW Replacement ...... 173 2,919,998

Relocation—Sunset

DC: DC HOUSING AUTHORITY...... 1133 NORTH CAPITOL STREET NE, WASH- 257 3,600,416 INGTON, DC 20002. RI: NEWPORT HOUSING AUTHORITY ...... 120B HILLSIDE AVENUE, NEWPORT, RI 02840 4 43,806 TX: HOUSING AUTHORITY OF EL PASO ...... 5300 PAISANO, EL PASO, TX 79905 ...... 0 29,687

Total for Relocation—Sunset ...... 261 3,673,909

Replacement

CA: SAN FRANCISCO HSG AUTH...... 1815 EGBERT AVE., SAN FRANCISCO, CA 848 14,238,763 94124. CA: CITY OF LOS ANGELES HSG AUTH ...... 2600 WILSHIRE BLVD., 3RD FLOOR, LOS AN- 62 659,072 GELES, CA 90057. CA: ALAMEDA COUNTY HSG AUTH ...... 22941 ATHERTON STREET, HAYWARD, CA 50 721,056 94541. CT: MERIDEN HOUSING AUTHORITY ...... 22 CHURCH STREET, MERIDEN, CT 06450 ...... 116 1,191,343 DE: NEWARK HOUSING AUTHORITY ...... 313 E MAIN STREET, NEWARK, DE 19711 ...... 1 7,971 FL: HA PALM BEACH COUNTY ...... 3432 W 45TH STREET, WEST PALM BEACH, 44 475,591 FL 33407. IL: HOUSING AUTHORITY OF JOLIET...... 6 SOUTH BROADWAY STREET, JOLIET, IL 120 1,206,202 60436. IL: MENARD COUNTY HOUSING...... 101 W SHERIDAN ROAD, PETERSBURG, IL 238 1,296,281 62675. IN: EAST CHICAGO HA...... 4920 LARKSPUR DR., P.O. BOX 498, EAST 0 586,193 CHICAGO, IN 46312. MD: HOUSING AUTHORITY OF BALTIMORE ..... 417 EAST FAYETTE STREET, BALTIMORE, MD 58 580,527 21201. MD: ANNE ARUNDEL COUNTY HOUSING ...... 7885 GORDON COURT, P.O. BOX 817, GLEN 100 1,168,453 BURNIE, MD 21060. MS: MISSISSIPPI REGIONAL HOUSING ...... P.O. BOX 1051, COLUMBUS, MS 39703 ...... 13 59,940 NY: THE MUNICIPAL HOUSING AUTHORITY ..... 1511 CENTRAL PARK AVE., P.O. BOX 35, YON- 32 389,710 KERS, NY 10710. PA: MCKEESPORT HOUSING AUTHORITY ...... 2901 BROWNLEE AVENUE, MCKEESPORT, PA 11 68,746 15132.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13504 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

RI: NEWPORT HOUSING AUTHORITY ...... 120B HILLSIDE AVENUE, NEWPORT, RI 02840 30 328,540 TX: HOUSTON HOUSING AUTHORITY ...... 2640 FOUNTAIN VIEW, HOUSTON, TX 77057 ... 111 844,022 TX: CORPUS CHRISTI HOUSING ...... 3701 AYERS STREET, CORPUS CHRISTI, TX 122 907,650 78415. TX: GALVESTON HOUSING AUTHORITY ...... 4700 BROADWAY, GALVESTON, TX 77551 ...... 31 248,983 TX: TAYLOR HSG AUTHORITY ...... 311–C EAST 7TH STREET, TAYLOR, TX 76574 52 345,065 UT: HOUSING AUTHORITY OF THE ...... 3595 S MAIN STREET, SALT LAKE CITY, UT 2 15,544 84115. VA: NORFOLK REDEVELOPMENT & H/A ...... 201 GRANBY ST., P.O. BOX 968, NORFOLK, VA 24 207,800 23501. VQ: VIRGIN ISLANDS HOUSING AUTHORITY .... P.O. BOX 7668, ST. THOMAS, VI 00801 ...... 283 2,473,375 VT: RUTLAND HOUSING AUTHORITY ...... 5 TREMONT STREET, RUTLAND, VT 05701 ...... 25 139,135 WA: HOUSING AUTHORITY CITY OF ...... 3107 COLBY AVE., P.O. BOX 1547, EVERETT, 60 574,185 WA 98206.

Total for Replacement ...... 2,433 28,734,147

Witness Relocation Assistance

CO: JEFFERSON COUNTY HOUSING ...... 7490 WEST 45TH AVENUE, WHEATRIDGE, CO 1 16,056 80033. CT: DANBURY HOUSING AUTHORITY ...... 2 MILL RIDGE ROAD, P.O. BOX 86, DANBURY, 1 18,000 CT 06810. CT: STRATFORD HOUSING AUTHORITY ...... 295 EVERETT STREET, P.O. BOX 668, STRAT- 1 14,424 FORD, CT 06497. FL: HA WEST PALM BEACH GENERAL ...... 1715 DIVISION AVENUE, WEST PALM BEACH, 1 26,280 FL 33407. FL: HA FORT LAUDERDALE CITY ...... 437 SW 4TH AVENUE, FORT LAUDERDALE, FL 1 21,612 33315. FL: BROWARD COUNTY HOUSING...... 4780 NORTH STATE ROAD 7, LAUDERDALE 1 11,532 LAKES, FL 33319. MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ..... 2 43,872

Total for Witness Relocation Assistance ...... 8 151,776

Total for Public Housing TP ...... 4,387 51,442,562

Housing TP

Certain At-Risk Households Low Vacancy

CA: SAN JOSE HOUSING AUTHORITY ...... 505 WEST JULIAN STREET, SAN JOSE, CA 104 1,559,289 95110. MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ..... 32 462,048

Total for Certain At-Risk Households Low Va- ...... 136 2,021,337 cancy.

New Hsg Conversion Rent Supplement

MA: BOSTON HOUSING AUTHORITY ...... 52 CHAUNCY STREET, BOSTON, MA 02111 ..... 107 1,400,703 MA: WAKEFIELD H A ...... 26 CRESCENT ST., WAKEFIELD, MA 01880 ...... 43 479,607

Total for New Hsg Conversion Rent Supple- ...... 150 1,880,310 ment.

Prepayment—RAD

MA: HOLYOKE HOUSING AUTHORITY ...... 475 MAPLE STREET, HOLYOKE, MA 01040 ...... 76 502,384

Total for Prepayment—RAD ...... 76 502,384

Pre-payment Vouchers

CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 22 215,149 FL: HA MIAMI BEACH ...... 200 ALTON ROAD, MIAMI BEACH, FL 33139 ..... 18 160,194 IL: SPRINGFIELD HOUSING AUTHORITY...... 200 NORTH ELEVENTH STREET, SPRING- 91 514,496 FIELD, IL 62703. MA: CAMBRIDGE HOUSING AUTHORITY ...... 675 MASSACHUSETTS AVENUE, CAMBRIDGE, 340 5,586,392 MA 02139. MA: HOLYOKE HOUSING AUTHORITY ...... 475 MAPLE STREET, HOLYOKE, MA 01040 ...... 42 277,633 MA: CHICOPEE HOUSING AUTHORITY ...... 128 MEETINGHOUSE ROAD, CHICOPEE, MA 163 1,115,898 01013.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13505

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

MA: WORCESTER HOUSING AUTHORITY...... 40 BELMONT STREET, WORCESTER, MA 156 1,033,344 01605. MA: WESTFIELD HSG AUTHORITY ...... ALICE BURKE WAY, P.O. BOX 99, WESTFIELD, 248 1,541,657 MA 01085. MD: HOUSING AUTHORITY OF BALTIMORE ..... 417 EAST FAYETTE STREET, BALTIMORE, MD 179 1,791,625 21201. MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 64 391,089 NJ: ATLANTIC CITY HOUSING AUTHORITY ...... 227 VERMONT AVENUE, P.O. BOX 1258, AT- 202 2,232,504 LANTIC CITY, NJ. NY: ALBANY HOUSING AUTHORITY ...... 200 SOUTH PEARL, ALBANY, NY 12202 ...... 55 356,730 NY: HA OF ROCHESTER ...... 675 WEST MAIN STREET, ROCHESTER, NY 377 1,986,624 14611. NY: NYS HSG TRUST FUND CORPORATION .... 38–40 STATE STREET, ALBANY, NY 12207 ...... 16 164,329 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045, 205 W CHURCH ST., GRAND 200 1,574,112 PRAIRIE, TX 75053. UT: HA OF CITY OF OGDEN ...... 1100 GRANT AVE., OGDEN, UT 84404 ...... 44 225,641 WV: WHEELING HOUSING AUTHORITY...... P.O. BOX 2089, 11 COMMUNITY STREET, 122 600,884 WHEELING, WV 26003.

Total for Pre-payment Vouchers ...... 2,339 19,768,301

Relocation 8bb Sunset

WA: HOUSING AUTHORITY OF SNOHOMISH .... 12625 4TH AVE. W, SUITE 200, EVERETT, WA 24 240,849 98204.

Total for Relocation 8bb Sunset ...... 24 240,849

Rent Supplement—RAD

NJ: ELIZABETH HOUSING AUTHORITY ...... 688 MAPLE AVENUE, ELIZABETH, NJ 07202 .... 1 10,555

Total for Rent Supplement—RAD ...... 1 10,555

Termination/Opt-Out Vouchers

CA: COUNTY OF SHASTA HSG AUTH ...... 1670 MARKET STREET, STE. 300, REDDING, 9 43,197 CA 96001. CT: ANSONIA HOUSING AUTHORITY ...... 36 MAIN STREET, ANSONIA, CT 06401 ...... 6 61,712 DC: DC HOUSING AUTHORITY...... 1133 NORTH CAPITOL STREET NE, WASH- 116 1,625,090 INGTON, DC 20002. FL: HOUSING AUTHORITY OF...... 1300 BROAD STREET, JACKSONVILLE, FL 46 310,274 32202. IA: CITY OF DES MOINES MUNICIPAL ...... 2309 EUCLID AVE., DES MOINES, IA 50310 ...... 117 580,572 IA: NORTHWEST IOWA REGIONAL HA ...... P.O. BOX 446, 919 2ND AVENUE SW, SPEN- 7 21,762 CER, IA 51301. IL: CHICAGO HOUSING AUTHORITY ...... 60 EAST VAN BUREN ST., 11TH FLOOR, CHI- 5 52,788 CAGO, IL 60605. IL: HOUSING AUTHORITY OF COOK ...... 175 WEST JACKSON BOULEVARD, SUITE 350, 110 1,295,874 CHICAGO, IL 60604. IL: HSG AUTHORITY OF THE COUNTY OF ...... 33928 N U.S. HIGHWAY 45, GRAYSLAKE, IL 158 1,295,897 60030. KS: KANSAS CITY HOUSING AUTHORITY ...... 1124 NORTH NINTH STREET, KANSAS CITY, 8 56,191 KS 66101. KS: ELLIS COUNTY PHA ...... C/O NORTHWEST KS HOUSING, INC., P.O. 5 19,944 BOX 248, 319 N POMEROY. KY: HOPKINSVILLE HOUSING AUTHORITY ...... 400 NORTH ELM STREET, P.O. BOX 437, HOP- 13 47,139 KINSVILLE, KY. MA: SPRINGFIELD HSG AUTHORITY...... 25 SAAB COURT, P.O. BOX 1609, SPRING- 28 205,091 FIELD, MA 01101. MI: MICHIGAN STATE HSG. DEV. AUTH ...... P.O. BOX 30044, LANSING, MI 48909 ...... 125 763,845 MN: ST. PAUL PHA ...... 555 NORTH WABASHA, SUITE 400, ST. PAUL, 43 334,156 MN 55102. MN: WORTHINGTON HRA...... 819 TENTH STREET, WORTHINGTON, MN 9 33,205 56187. MN: ST. CLOUD HRA ...... 1225 WEST ST. GERMAIN, ST. CLOUD, MN 6 32,858 56301. MN: NW MN MULTI-COUNTY HRA ...... P.O. BOX 128, MENTOR, MN 56736 ...... 3 12,770 MO: ST. CLAIR CO. HSG. AUTHORITY ...... P.O. BOX 125, APPLETON CITY, MO 64724 ...... 9 43,728 MS: MISS REG H A II ...... P.O. BOX 1887, OXFORD, MS 38655 ...... 87 607,963 NC: HA OF THE CITY OF CHARLOTTE ...... P.O. BOX 36795, 1301 SOUTH BOULEVARD, 35 330,704 CHARLOTTE, NC 28236.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13506 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

SECTION 8 RENTAL ASSISTANCE PROGRAMS ANNOUNCEMENT OF AWARDS FOR FISCAL YEAR 2017—Continued

Housing agency Address Units Award

NC: HA COUNTY OF WAKE...... 100 SHANNON STREET, P.O. BOX 399, 28 192,961 ZEBULON, NC 27597. ND: STUTSMAN COUNTY HOUSING ...... 300 2ND ST. NE—200, JAMESTOWN, ND 58401 6 21,745 ND: HOUSING AUTHORITY OF THE ...... P.O. BOX 5, ASHLEY, ND 58413 ...... 13 46,995 ND: DICKEY/SARGENT HOUSING AUTHORITY P.O. BOX 624, 309 NORTH 2ND, ELLENDALE, 29 87,933 ND 58436. ND: HOUSING AUTHORITY OF THE ...... 3530 33RD AVENUE NE, HARVEY, ND 58341 ... 14 37,763 NE: OMAHA HOUSING AUTHORITY ...... 1805 HARNEY STREET, OMAHA, NE 68102 ...... 23 163,375 NE: CENTRAL NEBRASKA JOINT HSG AUTH .... P.O. BOX 509, LOUP CITY, NE 68853 ...... 16 96,975 NH: KEENE HOUSING ...... 831 COURT STREET, KEENE, NH 03431 ...... 0 44,940 NJ: VINELAND HOUSING AUTHORITY ...... 191 CHESTNUT AVENUE, VINELAND, NJ 08360 10 93,670 NV: SOUTHERN NEVADA REGIONAL ...... 340 NORTH 11TH ST., LAS VEGAS, NV 89104 .. 8 77,917 NY: THE CITY OF NEW YORK ...... DEPT. OF HSG. PRESERVATION & DEV, 100 1 11,876 GOLD STREET, ROOM 501. NY: NYS HSG TRUST FUND CORPORATION .... 38–40 STATE STREET, ALBANY, NY 12207 ...... 96 957,646 OH: COLUMBUS METRO. HA...... 880 EAST 11TH AVENUE, COLUMBUS, OH 48 297,827 43211. OH: CUYAHOGA MHA ...... 8120 KINSMAN ROAD, CLEVELAND, OH 44104 8 49,796 OH: CINCINNATI METROPOLITAN ...... 1635 WESTERN AVE., CINCINNATI, OH 45214 156 989,781 OH: STARK METROPOLITAN HOUSING ...... 400 EAST TUSCARAWAS STREET, CANTON, 36 173,137 OH 44702. OH: MEDINA MHA ...... 850 WALTER ROAD, MEDINA, OH 44256 ...... 17 85,362 PA: HOUSING AUTHORITY OF THE CITY OF .... 200 ROSS STREET, ATTN: PATRICK 106 731,413 BLACKWELL, PITTSBURGH, PA. PA: PHILADELPHIA HOUSING AUTHORITY ...... 12 SOUTH 23RD STREET, PHILADELPHIA, PA 230 2,362,753 19103. PA: BETHLEHEM HOUSING AUTHORITY...... 645 MAIN STREET, 4TH FLOOR OFFICES, 8 62,145 BETHLEHEM, PA 18018. PA: FAYETTE COUNTY HOUSING...... 624 PITTSBURGH ROAD, UNIONTOWN, PA 40 221,626 15401. SD: CITY OF LENNOX HOUSING & ...... P.O. BOX 265, HIGHWAY 17 AT SECOND AVE., 2 9,779 LENNOX, SD 57039. SD: CITY OF MITCHELL HOUSING & ...... 200 E 15TH AVE., MITCHELL, SD 57301 ...... 5 14,777 TX: GRAND PRAIRIE HSNG & COMM DEV ...... P.O. BOX 534045, 205 W CHURCH ST., GRAND 20 157,411 PRAIRIE, TX 75053. TX: DALLAS COUNTY HOUSING ...... 2377 N STEMMONS FREEWAY, SUITE 600—LB 51 371,668 12, DALLAS, TX 75207. WA: KING COUNTY HOUSING AUTHORITY...... 600 ANDOVER PARK WEST, SEATTLE, WA 104 1,734,296 98188. WA: BELLINGHAM HOUSING AUTHORITY ...... 208 UNITY ST. LOWER LEVEL, P.O. BOX 9701, 48 321,512 BELLINGHAM, WA 98225. WA: HOUSING AUTHORITY OF SNOHOMISH .... 12625 4TH AVE. W, SUITE 200, EVERETT, WA 23 234,410 98204. WA: PIERCE COUNTY HOUSING ...... 603 S POLK, P.O. BOX 45410, TACOMA, WA 14 121,614 98445.

Total for Termination/Opt-Out Vouchers ...... 2,105 17,547,863

Total for Housing TP ...... 4,831 41,971,599

Grand Total ...... 9,218 94,468,761

[FR Doc. 2018–06363 Filed 3–28–18; 8:45 am] ACTION: Notice. waivers and alternative requirements for BILLING CODE 4210–67–P Jobs Plus. This notice clarifies that those SUMMARY: Since Fiscal Year 2014, Jobs waivers and alternative requirements Plus has provided competitive grants to continue to apply until HUD publishes partnerships between public housing DEPARTMENT OF HOUSING AND a Federal Register notice announcing a URBAN DEVELOPMENT authorities (PHAs), local workforce investment boards established under change in Federal law that requires [Docket No. FR–5846–N–02] section 117 of the Workforce Investment HUD to alter or amend this Notice on Act of 1998, and other agencies and terms and conditions as to how Jobs Waivers and Alternative Requirements organizations that provide support to Plus funds may be used. for the Jobs Plus Initiative Program help public housing residents obtain DATES: Applicability Date: March 29, AGENCY: Office of the Assistant employment and increase earnings. On 2018. Secretary for Public and Indian March 13, 2015, HUD published a Housing, HUD. Federal Register notice announcing

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13507

FOR FURTHER INFORMATION CONTACT: To may disallow all incremental increases funds to cover the decrease in funding assure a timely response, please in earned income from rent associated with the increased tenant income. electronically direct requests for further determinations for individuals in Jobs II. Public Housing Income Limitation information to this email address: Plus public housing projects; and that Requirements [email protected]. Written requests may the period of this disallowance is up to Disallowance of earned income from rent also be directed to the following 48 months, beginning on the date on determination. Provisions affected: HUD is address: Office of Public and Indian which a public housing resident enrolls waiving section 3(d)(1) and (2), of the United Housing—Jayme A. Brown, U.S. in the Jobs Plus program and ending at States Housing Act of 1937 (42 U.S.C. 1437a) Department of Housing and Urban the end of the grant period. The and 24 CFR 960.255(b)(1), (b)(2), (b)(3) & (d). Development, 451 7th Street SW, Room language in the appendix also reflects Alternative requirements: A PHA may disallow all incremental increases in earned 4120, Washington, DC 20410. that HUD revised its regulations since income due to employment from rent SUPPLEMENTARY INFORMATION: the 2015 notice was published so that determinations for individuals in Jobs Plus there is a standard lifetime maximum public housing projects for a period of up to I. Background two-year earned-income disallowance 48 months, beginning on the date on which Jobs Plus promotes economic period. a public housing resident enrolls in the Jobs empowerment in low-income areas by Plus program, and ending at the end of the II. Environmental Review grant period. A PHA must require individual providing funding to PHAs that develop members of a family in a Jobs Plus public locally-based, job-driven approaches to This Notice involves administrative housing project to enroll in Jobs Plus in order increase earnings and advance and fiscal requirements related to for each individual to be eligible for the employment outcomes through work income limits and exclusions with benefit of the Jobs Plus earned income readiness, employer linkages, job regard to calculation of rental assistance disregard. The PHA shall not setup placement, educational advancement, which do not constitute a development Individual Savings Accounts in lieu of technology skills, and financial literacy decision affecting the physical providing the Jobs Plus earned income for residents of public housing. exclusion. Any compensation to the PHA for condition of specific project areas or lost rent revenues, such as by the standard Congress first appropriated funds for the building sites. Accordingly, under 24 earned income disregard calculation in the program in the Consolidated CFR 50.19(c)(6), this Notice is Operating Fund, will be manually adjusted Appropriations Act, 2014, (Pub. L. 113– categorically excluded from by HUD to prevent overpayment of Public 76, approved January 17, 2014) (2014 environmental review under the Housing Operating funds to grant recipients. Appropriations Act), and continued to National Environmental Policy Act of Instead, PHAs shall use funds received appropriate funds for the program in the 1969 (42 U.S.C. 4321). through their Jobs Plus award to account for Consolidated and Further Continuing lost rental revenue due to the application of Dated: March 20, 2018. the Jobs Plus rent incentive. Appropriations Act, 2015, (Pub. L. 113– There shall be no phase-in period for 235, approved December 16, 2014) Dominique Blom, General Deputy Assistant Secretary for Public families participating in Jobs Plus. Upon (2015 Appropriation Act), the completion of the earned income exclusion and Indian Housing. Consolidated Appropriations Act, 2016, period, the tenant’s rent will be calculated (Pub. L. 114–113, approved December Appendix—Jobs Plus Initiative and based on the tenant’s income, including all 18, 2015), and the Consolidated Alternative Requirements earned income in accordance with 24 CFR Appropriations Act, 2017 (Pub. L. 115– part 5, subpart F. The statutes that have appropriated funds 31, approved May 5, 2017). Each year, The standard lifetime maximum two-year for the Jobs Plus program (the Consolidated disallowance period prescribed in 24 CFR the provisions pertaining to Jobs Plus Appropriations Act, 2014, Pub. L. 113–76; 960.255(b)(3) shall not apply to individuals have remained substantially the same. the Consolidated and Further Continuing participating in Jobs Plus. Individuals may On March 13, 2015, HUD published a Appropriations Act, 2015, Pub. L. 113–235; benefit from the Jobs Plus earned income Federal Register notice at 80 FR 13415 the Consolidated Appropriations Act, 2016, disregard even if they have previously titled ‘‘Jobs-Plus Pilot Initiative,’’ which Pub. L. 114–113; and the Consolidated benefited from the standard public housing announced waivers and alternative Appropriations Act, 2017, Pub. L. 115–31) earned income disregard. If individuals at requirements for Jobs Plus. This notice provide that HUD is authorized to waive or Jobs Plus targeted developments receive the alter the rent and income limitation standard earned income disregard, they may clarifies that those waivers and requirements under sections 3 and 6 of the continue to do so until they enroll in the Jobs alternative requirements continue to United States Housing Act of 1937 as Plus earned income disregard or until the apply as long as Congress continues to necessary to implement Jobs Plus. The list of time of their next rent-recertification, appropriate funds for Jobs Plus, and the waivers and alternative requirements, as whichever is earlier. provisions governing the use of those described above, follows: [FR Doc. 2018–06361 Filed 3–28–18; 8:45 am] funds remain substantially the same. I. Public Housing Rent Calculation BILLING CODE 4210–67–P HUD will announce any revisions to the waivers and alternative requirements for Permissive exclusions for public housing. Provisions affected: Section 6(c) of the Jobs Plus in future Federal Register United States Housing Act of 1937 (42 U.S.C. DEPARTMENT OF THE INTERIOR notices. The list of waivers and 1437d), 3(b)(5)(B) of the United States alternative requirements that were in Housing Act of 1937 (42 U.S.C. 1437a), and Bureau of Land Management the March 13, 2015, notice is published 24 CFR 5.609(c). Alternative requirements: in the appendix of this notice. HUD has The PHA shall calculate the annual earned [LLNM00400 18X L13100000.FI0000] income for Jobs Plus participants receiving made minor revisions to the language in Notice of Proposed Reinstatement of the appendix from what was published the Jobs Plus earned income disregard separately from other income disregards for Terminated Oil and Gas Leases; in 2015 for clarity, but the waivers and OKNM127909, OKNM127910, alternative requirements remain the purposes of determining the amount of annual income excluded under Jobs Plus. OKNM127911, OKNM127912, substantively the same. The revised The records associated with the calculated OKNM127913, OKNM127917, and language clarifies that individuals, and disregarded amounts shall be provided to OKNM127920, Oklahoma not families, must enroll in Jobs Plus in HUD for review; additional instructions for order to obtain the benefit of a Jobs Plus the submission of records will be provided at AGENCY: Bureau of Land Management, earned income disregard; that PHAs a later date. The PHA may use Jobs Plus grant Interior.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13508 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

ACTION: Notice of reinstatement. DEPARTMENT OF THE INTERIOR alaska. You may also review copies of the GMT2 Draft Supplemental EIS at SUMMARY: In accordance with the Bureau of Land Management both BLM Alaska Public Information Centers at the Federal Building at 222 Mineral Leasing Act of 1920, Red Fork [18X.LLAK930000 L13100000.PP0000] (USA) Investments, Inc., timely filed a West 7th Avenue, Anchorage, and at the petition for reinstatement of competitive Notice of Availability of the Draft Arctic District Office, 222 University oil and gas leases OKNM 127909, Supplemental Environmental Impact Avenue, Fairbanks. You may also OKNM 127910, OKNM 127911, OKNM Statement for the Alpine Satellite request a CD or paper copy of the GMT2 127912, OKNM 127913, and OKNM Development Plan for the Proposed Draft Supplemental EIS by contacting 127920, in Payne County, Oklahoma, Greater Mooses Tooth 2 Development Stephanie Rice, BLM project lead, at and OKNM 127917, in Noble County, Project, National Petroleum Reserve in 907–271–3202. Oklahoma. The lessee paid the required Alaska; Notice of Public Meetings and FOR FURTHER INFORMATION CONTACT: rentals accruing from the date of Subsistence Hearings Stephanie Rice, BLM Alaska State Office, 907–271–3202. People who use a termination. No new leases were issued AGENCY: Bureau of Land Management, that affect these lands. The Bureau of telecommunications device for the deaf Interior. (TDD) may call the Federal Relay Land Management proposes to reinstate ACTION: Notice. Service (FRS) at 1–800–877–8339 to these leases. contact the above individual during SUMMARY: FOR FURTHER INFORMATION CONTACT: The Bureau of Land normal business hours. The FRS is Management (BLM), Arctic District Julieann Serrano, Supervisory Land Law available 24 hours a day, 7 days a week, Office, Fairbanks, Alaska, is issuing for Examiner, Branch of Adjudication, to leave a message or question with the public comment the Draft Supplemental Bureau of Land Management New above individual. You will receive a Environmental Impact Statement (EIS) reply during normal business hours. Mexico State Office, 301 Dinosaur Trail, for the Alpine Satellite Development SUPPLEMENTARY INFORMATION: The GMT2 Santa Fe, New Mexico 87508, (505) Plan for the Proposed Greater Mooses Supplemental EIS analyzes an 954–2149, [email protected]. Persons Tooth 2 (GMT2) Development Project, application from ConocoPhillips, who use a telecommunications device National Petroleum Reserve in Alaska Alaska, Inc. (ConocoPhillips). The for the deaf (TDD) may call the Federal (NPR–A). BLM Alaska is also application is for a permit to drill and Relay Service (FRS) at 1–800–877–8339 announcing pending public meetings related authorizations to construct, to contact the above individual during and subsistence-related hearings to operate, and maintain a drill site, access normal business hours. The FRS is receive comments on the GMT2 Draft road, pipelines, and ancillary facilities available 24 hours a day, 7 days a week, Supplemental EIS and the project’s on federally managed land to support to leave a message or question with the potential to impact subsistence development of petroleum resources at above individual. You will receive a resources and activities. The EIS will the GMT2 drill site. BLM Alaska reply during normal business hours. supplement the September 2004 Alpine manages the surface and subsurface at Satellite Development Plan Final EIS SUPPLEMENTARY INFORMATION: The lessee the drill site and at the proposed infield that originally analyzed the GMT2 road and pipeline route. ConocoPhillips agrees to new lease terms for rentals and Project, regarding establishing satellite may also develop subsurface resources royalties of $10 per acre, or fraction oil production pads and associated 2 owned by the Arctic Slope Regional thereof, per year, and 16 ⁄3 percent, infrastructure within the Alpine field. respectively. The lessee agrees to Corporation, and may occupy surface DATES: To ensure that the BLM will additional or amended stipulations. The lands owned by the Kuukpik consider your comments on the GMT2 lessee paid the $500 administration fee Corporation. Draft Supplemental EIS, BLM Alaska The proposed GMT2 site is for the reinstatement of the lease and must receive your written comments no the $159 cost for publishing this Notice. approximately 25 miles southwest of the later than 45 days after the ConocoPhillips-operated Alpine Central The lessee met the requirements for Environmental Protection Agency Processing Facility (CD1) and will be reinstatement of the lease per Sec. 31(d) publishes its notice of availability of the operated and maintained by staff at the and (e) of the Mineral Leasing Act of GMT2 Draft Supplemental EIS in the Alpine Central Processing Facility. 1920. The BLM is proposing to reinstate Federal Register. BLM Alaska will The GMT2 Project was originally the leases, effective the date of announce the dates, times, and locations analyzed as the Colville Delta 7 (CD7) termination subject to the: of public meetings on its website, drill pad in the BLM’s September 2004 through public notices, media news • Original terms and conditions of the Alpine Satellite Development Plan Final releases, and/or mailings. lease; EIS. The purpose of the Supplemental ADDRESSES: • You may provide comments EIS is to evaluate any relevant new Additional and amended by mail, fax, email, or in person. Mail circumstances and information that stipulations; comments to: GMT2 SEIS Comments, have arisen since the Alpine Satellite • Increased rental of $10 per acre; Attn: Stephanie Rice, 222 West 7th Development Plan Final EIS was 2 Avenue #13, Anchorage, Alaska 99513; • Increased royalty of 16 ⁄3 percent; completed, to update the alternatives in and fax comments to 907–271–3933; email the 2004 EIS, and to address any comments to blm_ak_gmt2_comments@ • changes to ConocoPhillips’ proposed $159 cost of publishing this Notice. blm.gov; or hand-deliver comments development plan for GMT2. The GMT2 Authority: 43 CFR 3108.2–3. during normal business hours (9 a.m. to Draft Supplemental EIS analyzes four 4 p.m.) to the BLM Public Information alternatives, including two alternatives Julieann Serrano, Center, 222 West 7th Avenue, with an access road, an alternative Supervisory, Land Law Examiner. Anchorage, Alaska. without an access road, and a no-action [FR Doc. 2018–06285 Filed 3–28–18; 8:45 am] You may review the GMT2 Draft alternative. BILLING CODE 4310–FB–P Supplemental EIS online at BLM The key issues in the GMT2 Draft Alaska’s website at http://www.blm.gov/ Supplemental EIS are the protection of

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13509

surface resources; the minimization of SUMMARY: The Bureau of Land is therefore a qualified applicant under social impacts; and the identification of Management (BLM), Las Vegas Field the R&PP Act. appropriate mitigation measures for the Office, has examined and found suitable Subject to limitations prescribed by construction, operation, and for classification for lease and law and regulation, prior to patent maintenance of a drill site and access subsequent conveyance under the issuance, the holder of any right-of-way road, pipelines, and ancillary facilities provisions of the Recreation and Public grant within the lease area may be given to support development of petroleum Purposes (R&PP) Act, as amended, the opportunity to amend the right-of- resources at the proposed GMT2 site. approximately 2.98 acres of public land way grant for conversion to a new term, Section 810 of the Alaska National in the Las Vegas Valley, Clark County, including perpetuity, if applicable. Interest Lands Conservation Act Nevada. The City of Las Vegas proposes The land identified is not needed for (ANILCA), 16 U.S.C. 3120, requires that to use the land for a community 2.98- any Federal purpose. The lease and/or the BLM evaluate effects on subsistence acre park that will help meet future conveyance is consistent with the BLM activities for the alternatives presented expanding recreation needs in the Las Vegas Resource Management Plan in this GMT2 Draft Supplemental EIS northwestern part of the Las Vegas dated October 5, 1998, and would be in and to hold public hearings if the BLM Valley. the public interest. The City of Las Vegas has not applied for more than the finds that any of the alternatives or the DATES: Interested parties may submit 640-acre limitation for public purpose cumulative effects of past, present, and written comments regarding the uses in a year and has submitted a reasonably foreseeable future proposed classification for lease and statement in compliance with the development may significantly restrict conveyance of the land until May 14, regulations at 43CFR 2741.4(b). subsistence activities. 2018. Absent any adverse comments, BLM Alaska will hold public The lease and conveyance, when the decision will become effective on meetings on the GMT2 Draft issued, will be subject to the provisions May 29, 2018. Supplemental EIS in these Alaska of the R&PP Act and applicable communities: Anchorage, Anaktuvuk ADDRESSES: Mail written comments to regulations of the Secretary of the Pass, Atqasuk, Utqiag˙vik, Fairbanks, and the BLM Las Vegas Field Office, Attn: Interior, and will contain the following Nuiqsut. In addition, the public Vanessa L. Hice, Assistant Field reservations to the United States: meetings at Anaktuvuk Pass, Atqasuk, Manager, 4701 N Torrey Pines Drive, 1. A right-of-way thereon for ditches Utqiag˙vik, and Nuiqsut will incorporate Las Vegas, Nevada 89130, or faxed to or canals constructed by the authority of subsistence hearings to take comments 775–515–5010. the United States, Act of August 30, on subsistence impacts pursuant to the FOR FURTHER INFORMATION CONTACT: 1890 (43 U.S.C. 945); and ANILCA. Roger Ketterling at the above address or 2. All minerals shall be reserved to Before including your address, phone by telephone at 702–515–5087. Persons the United States, together with the number, email address, or other who use a telecommunications device right to prospect for, mine, and remove personally identifying information in for the deaf (TDD) may call the Federal such deposits for the same under your comment, you should be aware Relay Service at 1–800–877–8339 to applicable law and such regulations as that your entire comment—including contact the above individual during the Secretary of the Interior may your personally identifying normal business hours. The Service is prescribe. information—may be made publicly available 24 hours a day, 7 days a week, Any lease and conveyance will also available at any time. While you can ask to leave a message or question with the be subject to all valid existing rights, the BLM in your comment to withhold above individual. You will receive a will contain any terms or conditions your personally identifying information reply during normal business hours. required by law (including, but not from public review, we cannot SUPPLEMENTARY INFORMATION: The parcel limited to, any terms or conditions guarantee that we will be able to do so. is located south of the existing Wayne required by 43 CFR 2741,4), and will contain an appropriate indemnification Authority: 16 U.S.C. 3120(a); 40 CFR Bunker Park on Constantinople Avenue 1506.6(b). between Buffalo Drive and Tenaya Way clause protecting the United States from in northwest Las Vegas and is legally claims arising out of the lessee’s/ Karen E. Mouritsen, described as: patentee’s use, occupancy, or operations Acting State Director, Alaska. on the leased/patented lands. It will also Mount Diablo Meridian, Nevada [FR Doc. 2018–06380 Filed 3–28–18; 8:45 am] contain any other terms and conditions BILLING CODE 4310–JA–P T. 20 S., R. 60 E., deemed necessary and appropriate by 1 1 1 1 Sec. 10, SW ⁄4NE ⁄4NW ⁄4NW ⁄4. the Authorized Officer. The area described contains 2.98 acres in Upon publication of this Notice in the DEPARTMENT OF THE INTERIOR Clark County, Nevada. Federal Register, the land described In accordance with the R&PP Act, the above will be segregated from all other Bureau of Land Management City of Las Vegas has filed an forms of appropriation under the public [LLNVS00560.L58530000.EU0000.241A; N– application to develop the above- land laws, rights-of-way, including the 94628; 12–08807; MO #4500115810; described land as a community park general mining laws, except for lease TAS:15X5232] consisting of picnic shelters, children’s and conveyance under the R&PP Act, play area, restrooms, pedestrian leasing under the mineral leasing laws, Notice of Realty Action: Classification walkways, parking and turf open space and disposals under the mineral for Lease and/or Conveyance for play areas. Additional detailed material disposal laws. Recreation and Public Purposes of information pertaining to this Interested parties may submit written Public Lands for a Park in the publication, plan of development, and comments on the suitability of the land Northwest Portion of the Las Vegas site plan is located in case file N–94628, for a public park in the City of Las Valley, Clark County, Nevada which is available for review at the BLM Vegas. Comments on the classification AGENCY: Bureau of Land Management, Las Vegas Field Office at the above are restricted to whether the land is Interior. address. physically suited for the proposal, The City of Las Vegas is a political whether the use will maximize the ACTION: Notice of realty action. subdivision of the State of Nevada and future use or uses of the land, whether

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13510 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

the use is consistent with local planning FOR FURTHER INFORMATION CONTACT: ADDRESSES: The April and October and zoning, or if the use is consistent Chris Hite, Chief of Fluid Minerals meetings will be held at The Paterson with State and Federal programs. Adjudication, Bureau of Land Museum, 2 Market Street, Paterson, NJ Interested parties may also submit Management, Wyoming State Office, 07501; the July meetings will be held at written comments regarding the specific 5353 Yellowstone Road, P.O. Box 1828, the Rogers Meeting Center, 32 Spruce use proposed in the application and Cheyenne, Wyoming, 82009; phone Street, Paterson, NJ 07501. plan of development, and whether the 307–775–6176; email [email protected]. FOR FURTHER INFORMATION CONTACT: BLM followed proper administrative Persons who use a telecommunications Darren Boch, Superintendent and procedures in reaching the decision to device for the deaf may call the Federal Designated Federal Officer, Paterson lease and convey under the R&PP Act. Relay Service (FRS) at 1–800–877–8339 Great Falls National Historical Park, 72 Before including your address, phone to contact Mr. Hite during normal McBride Avenue, Paterson, NJ 07501, number, email, or other personal business hours. The FRS is available 24 telephone (973) 523–2630, or email identifying information in your hours a day, 7 days a week, to leave a [email protected]. comment, you should be aware that message or question with the above your entire comment—including your individual. A reply will be sent during SUPPLEMENTARY INFORMATION: As personal identifying information—may normal business hours. required by the Federal Advisory be made publicly available at any time. SUPPLEMENTARY INFORMATION: The lessee Committee Act (5 U.S.C. Appendix 1– While you can ask us in your comment agrees to the amended lease terms for 16), the National Park Service (NPS) is to withhold your personal identifying rentals and royalties at rates of $10 per hereby giving notice for the 2018 information from public review, we acre, or fraction thereof, per year and meeting schedule for the Paterson Great cannot guarantee that we will be able to 16–2/3 percent, respectively. The lessee Falls National Historical Park Advisory do so. Only written comments paid the required $500 administrative Commission. The Commission is submitted to the Field Manager, BLM fee for lease reinstatement and the $159 authorized by the Omnibus Public Land Las Vegas Field Office, will be cost of publishing this Notice. The Management Act, (16 U.S.C. 410lll), ‘‘to considered properly filed. Any adverse lessee met the requirements for advise the Secretary in the development comments will be reviewed by the BLM reinstatement of the lease per Sec. 31(d) and implementation of the management Nevada State Director, who may sustain, and (e) of the Mineral Leasing Act of plan.’’ Agendas for these meetings will vacate, or modify this realty action. 1920 (30 U.S.C. 188). The BLM proposes be provided on the Commission website In the absence of any adverse to reinstate the lease effective July 1, at http://www.nps.gov/pagr/parkmgmt/ comments, the decision will become 2016, under the original terms and federal-advisory-commission.htm. effective on May 29, 2018. The lands conditions of the lease and the Topics to be discussed include updates will not be available for lease and increased rental and royalty rates cited on the status of the Paterson Great Falls conveyance until after the decision above. National Historical Park General becomes effective. Management Plan. Authority: 30 U.S.C. 188(e)(4) and 43 CFR Authority: 43 CFR 2741.5. 3108.2–3(b)(2)(v). The meetings will be open to the public and time will be reserved during Vanessa L. Hice, Chris Hite, each meeting for public comment. Oral Assistant Field Manager, Division of Lands, Chief, Branch of Fluid Minerals Adjudication. comments will be summarized for the Las Vegas Field Office. [FR Doc. 2018–06384 Filed 3–28–18; 8:45 am] record. If individuals wish to have their [FR Doc. 2018–06287 Filed 3–28–18; 8:45 am] BILLING CODE 4310–22–P comments recorded verbatim, they must BILLING CODE 4310–HC–P submit them in writing. Written comments and requests for agenda items DEPARTMENT OF THE INTERIOR may be sent to: Federal Advisory DEPARTMENT OF THE INTERIOR Commission, Paterson Great Falls National Park Service Bureau of Land Management National Historical Park, 72 McBride [NPS–NERO–PAGR–25118; Avenue, Paterson, NJ 07501. Before [LLWY920000. L51040000.FI0000. PX.PR166532I.00.1] including your address, phone number, 18XL5017AR] email address, or other personal Notice of the 2018 Meeting Schedule identifying information in your written Notice of Proposed Reinstatement of for the Paterson Great Falls National comments, you should be aware that Terminated Oil and Gas Lease Historical Park Advisory Commission your entire comment—including your WYW180886, Wyoming personal identifying information—may AGENCY: National Park Service, Interior. AGENCY: Bureau of Land Management, be made publicly available at any time. Interior. ACTION: Notice of meeting. While you can ask us in your comment ACTION: Notice of reinstatement. to withhold your personal identifying SUMMARY: The National Park Service is information from public review, we SUMMARY: In accordance with the hereby giving notice of the 2018 meeting cannot guarantee that we will be able to Mineral Leasing Act of 1920, Kenneth K. schedule for the Paterson Great Falls do so. All comments will be made part Farmer (lessee) timely filed with the National Historical Park Advisory of the public record and will be Bureau of Land Management (BLM) a Commission. electronically distributed to all petition for reinstatement of competitive DATES: The Commission will meet on Committee members. oil and gas lease WYW180886, situated the following dates in 2018: Authority: 5 U.S.C. Appendix 1–16; 16 in Sweetwater County, Wyoming. The Thursday, April 12, 2018, 2:00 p.m.– U.S.C. 410lll. lessee paid the required rentals that 5:00 p.m. (EASTERN); accrued from the date of termination. Thursday, July 12, 2018, 2:00 p.m.– Alma Ripps, BLM did not issue any leases that affect 5:00 p.m. (EASTERN); and Chief, Office of Policy. this land prior to receiving the petition. Thursday, October 11, 2018, 2:00 [FR Doc. 2018–06250 Filed 3–28–18; 8:45 am] BLM proposes to reinstate this lease. p.m.–5:00 p.m. (EASTERN). BILLING CODE 4312–52–P

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13511

DEPARTMENT OF THE INTERIOR it was not germane to the information Notices to Lessees and Operators (NTLs) collection in this ICR. that BOEM issues to clarify or provide Bureau of Ocean Energy Management We are again soliciting comments on additional guidance on some aspects of [MMAA104000; OMB Control Number 1010– the proposed ICR that is described our regulations. 0151; Docket ID: BOEM–2018–0016] below. We are especially interested in BOEM geologists, geophysicists, and public comment addressing the environmental scientists and other Agency Information Collection following issues: (1) Is the collection Federal agencies (e.g., USFWS, NOAA Activities; Submission to the Office of necessary to the proper functions of Fisheries) analyze and evaluate the Management and Budget for Review BOEM; (2) Will this information be information and data collected under and Approval; 30 CFR 550, Subpart B, processed and used in a timely manner; Subpart B to ensure that planned Plans and Information (3) Is the estimate of burden accurate; operations are safe; will not adversely (4) How might BOEM enhance the affect the marine, coastal, or human AGENCY: Bureau of Ocean Energy quality, utility, and clarity of the environment; and will conserve the Management, Interior. information to be collected; and (5) How resources of the OCS. BOEM uses the ACTION: Notice of information collection; might BOEM minimize the burden of information to make an informed request for comment. this collection on the respondents, decision on whether to approve the including through the use of proposed EP or DPP as submitted, or SUMMARY: In accordance with the information technology? require plan modifications. The affected Paperwork Reduction Act of 1995, the Comments that you submit in States also review the information Bureau of Ocean Energy Management response to this notice are a matter of collected to determine consistency with (BOEM) is proposing to renew an public record. Before including your approved Coastal Zone Management information collection with revisions. address, phone number, email address, plans. DATES: Interested persons are invited to or other personal identifying In 2016, BOEM published a final rule submit comments on or before April 30, information in your comment, you entitled, ‘‘Oil and Gas and Sulfur should be aware that your entire 2018. Operations on the Outer Continental comment—including your personal ADDRESSES: Send written comments on Shelf—Requirements for Exploratory identifying information—may be made this information collection request (ICR) Drilling on the Arctic Outer Continental publicly available at any time. While to the Office of Management and Shelf.’’ This rule finalized new you can ask us in your comment to Budget’s Desk Officer for the regulations specific to activities withhold your personal identifying Department of the Interior by email at conducted on the Arctic OCS that information from public review, we [email protected]; or via modify 30 CFR part 550, subpart B. The cannot guarantee that we will be able to facsimile to 202–395–5806. Please new regulations require operators to do so. provide a copy of your comments to the develop an Integrated Operations Plan BOEM Information Collection Clearance Abstract: The Outer Continental Shelf (OCS) Lands Act, as amended (43 U.S.C. (IOP) for each exploratory program on Officer, Anna Atkinson, Bureau of the Arctic OCS, as well as to submit Ocean Energy Management, 45600 1331 et seq. and 43 U.S.C. 1801 et seq.), authorizes the Secretary of the Interior additional planning information with Woodland Road, Sterling, Virginia, the EPs. An additional 3,930 burden 20166; or by email to anna.atkinson@ to prescribe rules and regulations to administer leasing of mineral resources hours were approved as part of that boem.gov. Please reference Office of on the OCS. Such rules and regulations rulemaking, and are included in the Management and Budget (OMB) Control apply to all operations conducted under burden table for this control number. Number 1010–0151 in the subject line of a lease, or unit. The OCS Lands Act, at The Secretary’s Order 3350 (May 1, your comments. 43 U.S.C. 1340 and 1351, requires the 2017), which further implements the FOR FURTHER INFORMATION CONTACT: To holders of OCS oil and gas or sulphur President’s Executive Order entitled, request additional information about leases to submit exploration plans (EPs) ‘‘Implementing an America-First this ICR, contact Anna Atkinson by and development and production plans Offshore Energy Strategy’’ (82 FR 20815, email, or by telephone at 703–787–1025. (DPPs) to the Secretary for approval May 3, 2017), directs BOEM to review You may also view the ICR at http:// prior to commencing these activities. the final rule. If the Secretary decides www.reginfo.gov/public/do/PRAMain. Also, as a Federal agency, we have an that the final determination is to SUPPLEMENTARY INFORMATION: In affirmative duty to comply with the suspend, revise, or rescind the rule, the accordance with the Paperwork National Environmental Policy Act and related burden hours in this OMB Reduction Act of 1995 (PRA), we the Endangered Species Act (ESA). control number will be adjusted provide the general public and other Compliance with the ESA includes a accordingly. Federal agencies with an opportunity to substantive duty to carry out any agency We protect proprietary information, comment on new, proposed, revised, action in a manner that is not likely to including the information collected and continuing collections of jeopardize protected species, as well as under Subpart B, in accordance with the information. This helps us assess the a procedural duty to consult with the Freedom of Information Act (5 U.S.C. impact of our information collection United States Fish and Wildlife Service 552) and the Department of the requirements and minimize the public’s (USFWS) and National Oceanic and Interior’s implementing regulations (43 reporting burden. It also helps the Atmospheric Administration Fisheries CFR part 2), 30 CFR 550.197, ‘‘Data and public understand our information (NOAA Fisheries) before engaging in a information to be made available to the collection requirements and provide the discretionary action that may affect a public or for limited inspection,’’ and 30 requested data in the desired format. protected species. CFR part 552, ‘‘Outer Continental Shelf A Federal Register notice with a 60- The regulations at 30 CFR part 550, (OCS) Oil and Gas Information day public comment period soliciting subpart B, concern plans and Program.’’ comments on this collection of information that must be submitted to Title of Collection: 30 CFR 550, information was published on December conduct activities on a lease or unit, and Subpart B, Plans and Information. 15, 2017 (82 FR 59645). One comment are the subject of this collection. The OMB Control Number: 1010–00151. was received from a private citizen, but collection also covers the related Form Number:

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13512 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

• BOEM–0137—OCS Plan Information Total Estimated Annual Non-Hour for this collection to be 436,438 hours. Form Cost: $3,939,435. We are transferring 3,930 annual burden • BOEM–0138—Exploration Plan (EP) We have identified three non-hour hours from OMB control number 1010– Air Quality Screening Checklist costs associated with this information 0189, 30 CFR 550, Subpart B, Arctic • BOEM–0139—DOCD Air Quality collection that are cost recovery fees. OCS Activities, to this information Screening Checklist They consist of fees being submitted collection request. These 3,930 annual • BOEM–0141—ROV Survey Report • with EPs ($3,673), DPPs or Development burden hours are for Arctic exploration BOEM–0142—Environmental Impact Operation Coordination Documents Analysis Worksheet requirements which were approved by (DOCDs) ($4,238), and Conservation Type of Review: Revision of a OMB in the final rule for Requirements Information Documents (CIDs) for Exploratory Drilling on the Arctic currently approved collection. ($27,348). Respondents/Affected Public: OCS, 81 FR 46478 (July 15, 2016). Once There is also one non-hour cost Potential respondents comprise Federal this information collection request is associated with the Protected Species OCS oil, gas, and sulphur lessees and approved by OMB, we will be operators. Observer program. The cost associated discontinuing OMB control number Total Estimated Number of Annual with this program is due to observation 1010–0189. activities that are usually subcontracted Responses: 4,266. The following table details the Total Estimated Number of Annual to other service companies with individual BOEM components and Burden Hours: 436,438. expertise in these areas. Respondent’s Obligation: Mandatory. Estimated Reporting and respective hour burden estimates of this Frequency of Collection: On occasion, Recordkeeping Hour Burden: We expect ICR. semi-monthly, and varies by section. the estimated annual reporting burden

BURDEN BREAKDOWN

Citation 30 CFR 550 Reporting & recordkeeping Average number of subpart B and NTLs requirement Hour burden annual responses Burden hours

Non-hour costs 200 thru 206...... General requirements for plans and information; Burden included with specific requirements 0 fees/refunds, etc. below 201 thru 206; 211 thru BOEM posts EPs/DPPs/DOCDs on FDMS, and re- Not considered IC as defined in 5 CFR 0 228: 241 thru 262. ceives public comments for preparation of EAs. 1320.3(h)(4) 204 ** ...... For new Arctic OCS exploration activities: submit 2,880 1 ...... 2,880 IOP, including all required information. Subtotal ...... 1 ...... 2,880 Ancillary Activities 208; NTL 2009–G34* ...... Notify BOEM in writing, and if required by the Re- 11 61 notices...... 671 gional Supervisor notify other users of the OCS before conducting ancillary activities. 208; 210(a) ...... Submit report summarizing & analyzing data/infor- 2 61 reports...... 122 mation obtained or derived from ancillary activities. 208; 210(b) ...... Retain ancillary activities data/information; upon re- 2 61 records...... 122 quest, submit to BOEM. Subtotal ...... 183 responses ...... 915 Contents of Exploration Plans (EP) 209; 231(b); 232(d); 234; Submit new, amended, modified, revised, or supple- 150 345 changed plans ...... 51,750 235; 281(3); 283; 284; mental EP, or resubmit disapproved EP, including 285; NTL 2015–N01 *. required information; withdraw your EP. 209; 211 thru 228; NTL Submit EP and all required information (including, 600 163 plans...... 97,800 2015–N01 *. but not limited to, submissions required by BOEM Forms 0137, 0138, 0142; lease stipulations; re- ports, including shallow hazards surveys; H2S; G&G; archaeological surveys & reports (550.194) ***, in specified formats. Provide notifications ...... $3,673 × 163 EP surface locations = $598,699 non-hour cost 220 ...... Alaska-specific requirements ...... Burden included with EP requirements (30 0 CFR 550.211–228). 220 ** ...... For new Arctic OCS exploration activities: submit re- 350 1 ...... 350 quired Arctic-specific information with EP. 220 ** ...... For existing Arctic OCS exploration activities: submit 700 1 ...... 700 Arctic-specific information, as required.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13513

BURDEN BREAKDOWN—Continued

Citation 30 CFR 550 Reporting & recordkeeping Average number of subpart B and NTLs requirement Hour burden annual responses Burden hours

Non-hour costs

Subtotal ...... 510 responses ...... 150,600 $598,699 Non-Hour Costs Review and Decision Process for the EP 235(b); 272(b); 281(d)(3)(ii) Appeal State’s objection ...... Burden exempt as defined in 5 CFR 0 1320.4(a)(2) and (c) Contents of Development and Production Plans (DPP) and Development Operations Coordination Documents (DOCD) 209; 266(b); 267(d); Submit amended, modified, revised, updated or sup- 235 353 changed plans ...... 82,955 272(a); 273; 281(3)(i); plemental DPP or DOCD, including required infor- 283; 284; 285; NTL mation, or resubmit disapproved DPP or DOCD. 2015–N01 *. 241 thru 262; 209; NTL Submit DPP/DOCD and required/supporting infor- 700 268 plans...... 187,600 2015–N01 *. mation (including, but not limited to, submissions required by BOEM Forms 0137, 0139, 0142; lease stipulations; reports, including shallow haz- ards surveys; archaeological surveys & reports such as shallow hazards surveys (CFR 550.194)), in specified formats. Provide notifications. $4,238 × 268 DPP/DOCD wells = $1,135,784 Subtotal ...... 621 responses ...... 270,555 $1,135,784 Non-hour costs Review and Decision Process for the DPP or DOCD 267(a) ...... Once BOEM deemed DPP/DOCD submitted; Gov- Not considered IC as defined in 5 CFR 0 ernor of each affected State, local government of- 1320.3(h)(4) ficial; etc., submit comments/recommendations. 267(b) ...... General public comments/recommendations sub- Not considered IC as defined in 5 CFR 0 mitted to BOEM regarding DPPs or DOCDs. 1320.3(h)(4) 269(b) ...... For leases or units in vicinity of proposed develop- 3 1 response...... 3 ment and production activities RD may require those lessees and operators to submit information on preliminary plans for their leases and units. Subtotal ...... 1 responses ...... 3 Post-Approval Requirements for the EP, DPP, and DOCD 280(b) ...... In an emergency, request departure from your ap- Burden included under 1010–0114 0 proved EP, DPP, or DOCD. 281(a) ...... Submit various BSEE applications for approval and Burdens included under appropriate sub- 0 submit permits. part or form (1014–0003; 1014–0011; 1014–0016; 1014–0018) 282 ...... Retain monitoring data/information; upon request, 4 150 records...... 600 make available to BOEM. 282(b) ...... Prepare and submit monitoring plan for approval ..... 2 6 plans ...... 12 Prepare and Submit monitoring reports and data (in- 3 12 reports...... 36 cluding BOEM Form 0141 used in GOMR). 284(a) ...... Submit updated info on activities conducted under 4 56 updates...... 224 approved EP/DPP/DOCD. Subtotal ...... 224 responses ...... 872 Submit CIDs 296(a); 297...... Submit CID and required/supporting information; 375 14 documents...... 5,250 submit CID for supplemental DOCD or DPP. $27,348 × 14 = $382,872 296(b); 297 ...... Submit a revised CID for approval ...... 100 13 revisions ...... 1,300 Subtotal ...... 27 responses ...... 6,550

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13514 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

BURDEN BREAKDOWN—Continued

Citation 30 CFR 550 Reporting & recordkeeping Average number of subpart B and NTLs requirement Hour burden annual responses Burden hours

Non-hour costs

$382,872 non-hour costs Seismic Survey Mitigation Measures and Protected Species Observer Program NTL * NTL 2016–G02 *; 211 thru Submit to BOEM observer training requirement ma- 1.5 2 sets of material ...... 3 228; 241 thru 262. terials and information. Training certification and recordkeeping ...... 1 1 new trainee ...... 1 During seismic acquisition operations, submit daily 1.5 344 reports...... 516 observer reports semi-monthly. If used, submit to BOEM information on any passive 2 6 submittals...... 12 acoustic monitoring system prior to placing it in service. During seismic acquisition operations, submit to 1.5 1,976 reports...... 2,964 BOEM marine mammal observation report(s) semi-monthly or within 14 hours if air gun oper- ations were shut down. During seismic acquisition operations, when air 1.5 344 reports...... 516 guns are being discharged, submit daily observer reports semi-monthly. Observation Duty (3 observers fulfilling an 8 hour 3 observers × 8 hrs × 365 days = 8,760 hours × 4 vessels shift each for 365 calendar days × 4 vessels = observing = 35,040 man-hours × $52/hr = $1,822,080 35,040 man-hours). This requirement is con- non-hour costs tracted out; hence the non-hour cost burden. Subtotal ...... 2,673 responses ...... 4,012 $1,822,080 Non-Hour Costs Vessel Strike Avoidance and Injured/Protected Species Reporting NTL * NTL 2016–G01 *; 211 thru Notify BOEM within 24 hours of strike, when your 1 1 notice...... 1 228; 241 thru 262. vessel injures/kills a protected species (marine mammal/sea turtle). Subtotal ...... 1 response ...... 1 General Departure and Alternative Compliance 200 thru 299 ...... General departure and alternative compliance re- 2 25 requests...... 50 quests not specifically covered elsewhere in Sub- part B regulations. Subtotal ...... 25 responses ...... 50 Total Burden ...... 4,266 responses ...... 436,438 * The identification number of NTLs may change when NTLs are reissued periodically to update information. ** NEW requirements from the Oil and Gas and Sulfur Operations on the Outer Continental Shelf—Requirements for Exploratory Drilling on the Arctic Outer Continental Shelf final rule. *** Archaeological surveys and reports required under 30 CFR 550, Subpart A, in 550.194(a) are generally part of the geohazard survey report required under 30 CFR 550, Subpart B. On average it takes an archaeologist 35 hours to prepare the archaeological survey and report. This hour burden is included in the overall hour burden estimate for submission of EPs and all required information.

An agency may not conduct or DEPARTMENT OF THE INTERIOR the Secretary of the Interior (Secretary) sponsor and a person is not required to is renewing the charter for the Yakima respond to a collection of information Bureau of Reclamation River Basin Conservation Advisory unless it displays a currently valid OMB [RR01115000, 18XR0680A1, Group (CAG). The purpose of the CAG control number. RX.R0336902.0019100] is to provide recommendations to the The authority for this action is the Secretary and the State of Washington Paperwork Reduction Act of 1995 (44 Yakima River Basin Conservation on the structure and implementation of U.S.C. 3501 et seq.). Advisory Group Charter Renewal the Yakima River Basin Water Dated: March 27, 2018. AGENCY: Bureau of Reclamation, Conservation Program (Basin Deanna Meyer-Pietruszka, Interior. Conservation Program). Chief, Office of Policy, Regulation and ACTION: Notice of charter renewal. FOR FURTHER INFORMATION CONTACT: Analysis. Gwendolyn Christensen, Manager, [FR Doc. 2018–06500 Filed 3–28–18; 8:45 am] SUMMARY: Following consultation with Yakima River Basin Water Enhancement BILLING CODE 4310–MR–P the General Services Administration,

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13515

Project, telephone (509) 575–5848, of the Sherman Act, the threat or effect monopolization in violation of Section 2 extension 203; [email protected]. of which is to destroy or substantially of the Sherman Act, the threat or effect SUPPLEMENTARY INFORMATION: The Basin injure a domestic industry in the United of which is to destroy or substantially Conservation Program is structured to States, or to restrain or monopolize injure a domestic industry in the United provide economic incentives with trade and commerce in the United States, or to restrain or monopolize cooperative Federal, State, and local States. trade and commerce in the United funding to stimulate the identification The complainant requests that the States; and implementation of structural and Commission institute an investigation (2) Pursuant to Commission Rule nonstructural cost-effective water and, after the investigation, issue a 210.50(b)(1), 19 CFR 210.50(b)(1), the conservation measures in the Yakima limited exclusion order and a cease and presiding administrative law judge shall River basin. Improvements in the desist order. take evidence or other information and efficiency of water delivery and use will ADDRESSES: The complaint, except for hear arguments from the parties and result in improved streamflows for fish any confidential information contained other interested persons with respect to and wildlife and improve the reliability therein, is available for inspection the public interest in this investigation, of water supplies for irrigation. during official business hours (8:45 a.m. as appropriate, and provide the This notice is published in to 5:15 p.m.) in the Office of the Commission with findings of fact and a accordance with Section 9(a)(2) of the Secretary, U.S. International Trade recommended determination on this Federal Advisory Committee Act of Commission, 500 E Street SW, Room issue, which shall be limited to the 1972 (Pub. L. 92–463, as amended). The 112, Washington, DC 20436, telephone statutory public interest factors set forth certification of renewal is published (202) 205–2000. Hearing impaired in 19 U.S.C. 1337(d)(1), (f)(1), (g)(1); below. individuals are advised that information (3) For the purpose of the investigation so instituted, the following Certification on this matter can be obtained by contacting the Commission’s TDD are hereby named as parties upon which I hereby certify that Charter renewal terminal on (202) 205–1810. Persons this notice of investigation shall be of the Yakima River Basin Conservation with mobility impairments who will served: (a) The complainant is: Radwell Advisory Group is in the public interest need special assistance in gaining access International, Inc., 1 Millennium Drive, in connection with the performance of to the Commission should contact the Willingboro, NJ 08046. duties imposed on the Department of Office of the Secretary at (202) 205– the Interior. (b) The respondent is the following 2000. General information concerning entity alleged to be in violation of Ryan K. Zinke, the Commission may also be obtained section 337, and is the party upon Secretary of the Interior. by accessing its internet server at which the complaint is to be served: https://www.usitc.gov. The public [FR Doc. 2018–06334 Filed 3–28–18; 8:45 am] Rockwell Automation, Inc., 1201 South record for this investigation may be BILLING CODE 4332–90–P 2nd Street, Milwaukee, WI 53204–2410. viewed on the Commission’s electronic (c) The Office of Unfair Import docket (EDIS) at https://edis.usitc.gov. Investigations, U.S. International Trade FOR FURTHER INFORMATION CONTACT: INTERNATIONAL TRADE Commission, 500 E Street SW, Suite COMMISSION Pathenia M. Proctor, The Office of 401, Washington, DC 20436; and Unfair Import Investigations, U.S. (4) For the investigation so instituted, [Investigation No. 337–TA–1105] International Trade Commission, the Chief Administrative Law Judge, telephone (202) 205–2560. U.S. International Trade Commission, Certain Programmable Logic SUPPLEMENTARY INFORMATION: shall designate the presiding Controllers (PLCs) Components Authority: The authority for Administrative Law Judge. Thereof, and Products Containing institution of this investigation is Responses to the complaint and the Same; Institution of Investigation contained in section 337 of the Tariff notice of investigation must be AGENCY: U.S. International Trade Act of 1930, as amended, 19 U.S.C. 1337 submitted by the named respondent in Commission. and in section 210.10 of the accordance with section 210.13 of the ACTION: Notice. Commission’s Rules of Practice and Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2017). Procedure, 19 CFR 210.13. Pursuant to SUMMARY: Notice is hereby given that a Scope of Investigation: Having 19 CFR 201.16(e) and 210.13(a), such complaint was filed with the U.S. considered the complaint, the U.S. responses will be considered by the International Trade Commission on International Trade Commission, on Commission if received not later than 20 January 19, 2018, under section 337 of March 23, 2018, ordered that— days after the date of service by the the Tariff Act of 1930, as amended, on (1) Pursuant to subsection (b) of Commission of the complaint and the behalf of Radwell International, Inc., of section 337 of the Tariff Act of 1930, as notice of investigation. Extensions of Willingboro, New Jersey. The complaint amended, an investigation be instituted time for submitting responses to the alleges violations of section 337 based to determine whether there is a complaint and the notice of upon the importation into the United violation of subsection (a)(1)(A) of investigation will not be granted unless States, the sale for importation, and the section 337 in the importation into the good cause therefor is shown. sale within the United States after United States, the sale for importation, Failure of the respondent to file a importation of certain programmable or the sale within the United States after timely response to each allegation in the logic controllers (PLCs), components importation of certain programmable complaint and in this notice may be thereof, and products containing same logic controllers (PLCs), components deemed to constitute a waiver of the by reason of: (1) A conspiracy to fix thereof, and products containing same right to appear and contest the resale prices in violation of Section 1 of by reason of: (1) A conspiracy to fix allegations of the complaint and this the Sherman Act; (2) a conspiracy to resale prices in violation of Section 1 of notice, and to authorize the boycott resellers in violation of Section the Sherman Act; (2) a conspiracy to administrative law judge and the 1 of the Sherman Act; and (3) boycott resellers in violation of Section Commission, without further notice to monopolization in violation of Section 2 1 of the Sherman Act; and (3) the respondent, to find the facts to be as

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13516 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

alleged in the complaint and this notice Secretary, U.S. International Trade Canon Inc., 30–2, Shimomaruko 3- and to enter an initial determination Commission, 500 E Street SW, Room chome, Ohta-ku, Tokyo 146–8501, and a final determination containing 112, Washington, DC 20436, telephone Japan such findings, and may result in the (202) 205–2000. Hearing impaired Canon U.S.A., Inc., One Canon Park, issuance of an exclusion order or a cease individuals are advised that information Melville, New York 11747 and desist order or both directed against on this matter can be obtained by Canon Virginia, Inc., 12000 Canon the respondent. contacting the Commission’s TDD Boulevard, Newport News, Virginia By order of the Commission. terminal on (202) 205–1810. Persons 23606 Issued: March 26, 2018. with mobility impairments who will (b) The respondents are the following need special assistance in gaining access Lisa R. Barton, entities alleged to be in violation of to the Commission should contact the Secretary to the Commission. section 337, and are the parties upon Office of the Secretary at (202) 205– which the complaint is to be served: [FR Doc. 2018–06377 Filed 3–28–18; 8:45 am] 2000. General information concerning Ninestar Corporation, No. 3883, Zhuhai BILLING CODE 7020–02–P the Commission may also be obtained Avenue, Xiangzhou District, Zhuhai by accessing its internet server at Guangdong, China 519060 https://www.usitc.gov. The public Ninestar Image Tech Limited, No. 3883, INTERNATIONAL TRADE record for this investigation may be Zhuhai Avenue, Xiangzhou District, COMMISSION viewed on the Commission’s electronic Zhuhai Guangdong, China 519060 docket (EDIS) at https://edis.usitc.gov. [Inv. No. 337–TA–1106] Ninestar Technology Company, Ltd., FOR FURTHER INFORMATION CONTACT: Certain Toner Cartridges and 17950 East Ajax Circle, City of Pathenia M. Proctor, The Office of Components Thereof; Institution of Industry, California 91748 Unfair Import Investigations, U.S. Investigation Apex Microtech Ltd., 9/F Unit 18, New International Trade Commission, Commerce Centre, No. 19, On Sum AGENCY: U.S. International Trade telephone (202) 205–2560. Street, Shatin, N.T., Hong Kong Commission. SUPPLEMENTARY INFORMATION: Static Control Components, Inc., 3010 ACTION: Notice. Lee Avenue, Sanford, North Carolina Authority: The authority for institution of 27332–6210 SUMMARY: Notice is hereby given that a this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 Aster Graphics, Inc., 540 South Melrose complaint was filed with the U.S. Street, Placentia, California 92870 International Trade Commission on U.S.C. 1337 and in section 210.10 of the Commission’s Rules of Practice and Jiangxi Yibo E-tech Co., Ltd., No. 756 February 28, 2018, under section 337 of Procedure, 19 CFR 210.10 (2017). Guangfu Road, Xinyu Hi-Tech the Tariff Act of 1930, as amended, on Industry Development Zone, Xinyu behalf of Canon Inc. of Japan; Canon Scope of Investigation: Having considered the complaint, the U.S. City, Jiangxi, China 338004 U.S.A. Inc. of Melville, New York; and Aster Graphics Co., Ltd., No. A22–23, Canon Virginia, Inc. of Newport News, International Trade Commission, on March 23, 2018, ordered that— Bld. D1, Phase VIII, New Town, Agile Virginia. The complaint alleges Garden, Sanxiang, Zhongshan, (1) Pursuant to subsection (b) of violations of section 337 based upon the Guangdong, China 528463 section 337 of the Tariff Act of 1930, as importation into the United States, the Print-Rite Holdings Ltd., Unit 8, 10/F, amended, an investigation be instituted sale for importation, and the sale within Block A, MP Industrial Centre, No. 18 to determine whether there is a the United States after importation of Ka Yip Street, Chai Wan, Hong Kong violation of subsection (a)(1)(B) of certain toner cartridges and components Print-Rite N.A., Inc., 341 Mason Road, section 337 in the importation into the thereof by reason of infringement of U.S. La Vergne, Tennessee 37086 Patent No. 9,746,826 (‘‘the ’826 patent’’); United States, the sale for importation, Union Technology Int’l (M.C.O.) Co. U.S. Patent No. 9,836,021 (‘‘the ’021 or the sale within the United States after Ltd., 14H, Nam Kwong Building, 223– patent’’); U.S. Patent No. 9,841,727 (‘‘the importation of certain toner cartridges 225 Avenida Dr. Rodrigo, Rodrigues, ’727 patent’’); U.S. Patent No. 9,841,728 and components thereof by reason of Macau (‘‘the ’728 patent’’); U.S. Patent No. infringement of one or more of claims Print-Rite Unicorn Image Products Co. 9,841,729 (‘‘the ’729 patent’’); U.S. 1–4, 6, 7, and 9 of the ’826 patent; Ltd., No. 32 Pingbeiyi Road, Nanping Patent No. 9,857,764 (‘‘the ’764 patent’’); claims 1, 2, 4, 5, 7–11, 13, 18, and 20 Technology, Industry Park, Nanping U.S. Patent No. 9,857,765 (‘‘the ’765 of the ’021 patent; claims 1, 2, 4–7, 9– Town, Xiangzhou District, Zhuhai, patent’’); U.S. Patent No. 9,869,960 (‘‘the 12, 15–17, 19–22, 24, 26, and 27 of the China 519060 ’960 patent’’); and U.S. Patent No. ’727 patent; claims 1, 2, 4–7, 9–12, 15– Kingway Image Co., Ltd. d/b/a, Zhu Hai 9,874,846 (‘‘the ’846 patent’’). The 17, 19–22, 24, and 26–28 of the ’728 Kingway Image Co., Ltd., No. 1, Ping complaint further alleges that an patent; claims 1–3, 6, 8–11, 14, 16–21, Dong Road 2, Building 1, 4th Floor, industry in the United States exists as 24, and 26 of the ’729 patent; claims 7– Nanping Industry Park, Zhuhai, China required by the applicable Federal 9 of the ’764 patent; claims 1, 3, 4, 6, Ourway Image Tech. Co., Ltd., No. 291 Statute. 13, 16, 17, and 19 of the ’765 patent; People’s West Road, Xiangzhou, The complainants request that the claims 1–7 of the ’960 patent; and Zhuhai, China Commission institute an investigation claims 1–3 of the ’846 patent, and Ourway Image Co., Ltd., Unit 403, 4/F, and, after the investigation, issue a whether an industry in the United Ri Rong Edifice, No. 291 People’s general exclusion order, or in the States exists as required by subsection West Road, Xiangzhou, Zhuhai, China alternative a limited exclusion order, (a)(2) of section 337; Zhuhai Aowei Electronics Co., Ltd., and cease and desist orders. (2) For the purpose of the Unit 403, 4/F, Ri Rong Edifice, No. ADDRESSES: The complaint, except for investigation so instituted, the following 291 People’s West Road, Xiangzhou, any confidential information contained are hereby named as parties upon which Zhuhai, China therein, is available for inspection this notice of investigation shall be Ourway US Inc., 17800 Castleton Street, during official business hours (8:45 a.m. served: Suite 412, City of Industry, California to 5:15 p.m.) in the Office of the (a) The complainants are: 91748

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13517

Acecom, Inc.—San Antonio d/b/a Print After Print, Inc. d/b/a alleged in the complaint and this notice InkSell.com, 4212 Thousand Oaks OutOfToner.com, 2640 E. Rose and to enter an initial determination Drive, San Antonio, Texas 78217 Garden Lane, Phoenix, Arizona 85050 and a final determination containing ACM Technologies, Inc., 2535 Research Fairland, LLC d/b/a ProPrint, 155 N. such findings, and may result in the Drive, Corona, California 92882 Riverview Drive, Suite 100, Anaheim issuance of an exclusion order or a cease Arlington Industries, Inc., 1616 S. Hills, California 92808 and desist order or both directed against Lakeside Drive, Waukegan, Illinois Reliable Imaging Computer Products, the respondent. 60085 Inc., 9659 Balboa Boulevard, Bluedog Distribution Inc., 450 North By order of the Commission. Northridge, California 91325 Issued: March 26, 2018. Park Road, Suite 810, Hollywood, Apex Excel Limited d/b/a ShopAt247, Lisa R. Barton, Florida 33021 19223 Colima Road, Unit 943, Do It Wiser LLC d/b/a Image Toner, Rowland Heights, California 91748 Secretary to the Commission. 4255 Trotters Way #8A, Alpharetta, The Supplies Guys, LLC, 590 [FR Doc. 2018–06378 Filed 3–28–18; 8:45 am] Georgia 30004 Centerville Road #388, Lancaster, BILLING CODE 7020–02–P EIS Office Solutions, Inc., 314 Garden Pennsylvania 17601 Oaks Boulevard, Houston, Texas Billiontree Technology USA Inc. d/b/a 77018–5502 INTERNATIONAL TRADE Toner Kingdom, 19945 Harrison eReplacements, LLC, 600 E. Dallas COMMISSION Road, Suite 200, Grapevine, Texas Avenue, City of Industry, California 76051 91789 [Investigation No. 337–TA–1016] Frontier Imaging Inc., 1250 W Artesia FTrade Inc. d/b/a ValueToner, 1324 Certain Access Control Systems and Boulevard, Compton, California 90220 Forest Avenue, Suite 406, Staten Components Thereof; Notice of the Garvey’s Office Products, Inc., 7500 N. Island, New York 10302 Caldwell Avenue, Niles, Illinois V4INK, Inc., 2760 E Philadelphia Street, Commission’s Final Determination 60714–3808 Ontario, California 91761 Finding a Violation of Section 337; Global Cartridges, 918 Chula Vista Ave., World Class Ink Supply, Inc., 47 Cooper Issuance of Limited Exclusion Order Suite #3, Burlingame, California Street, Rear Suite, Woodbury, New and Cease and Desist Orders; 94010 Jersey 08096 Termination of the Investigation GPC Trading Co., Limited d/b/a GPC 9010–8077 Quebec Inc. d/b/a Zeetoner, AGENCY: U.S. International Trade Image, Room 1103, Hang Seng 6 Rue Finch, Dollard-Des-Ormeaux, Commission. Mongkok Building, 677 Nathan Road, Quebec, Canada H9A 3G9 ACTION: Notice. Kowloon, Hong Kong Zinyaw LLC d/b/a TonerPirate.com and Hong Kong BoZe Co., Limited d/b/a Supply District, 1321 Upland Drive SUMMARY: Notice is hereby given that Greensky, Flat/Rm A 27/F, Billion #1359, Houston, Texas 77043 the U.S. International Trade Plaza 2, 10 Cheung Yee Street, Lai Chi (c) The Office of Unfair Import Commission has found a violation of Kok, KL Hong Kong Investigations, U.S. International Trade section 337 in this investigation and has Master Print Supplies, Inc. d/b/a HQ Commission, 500 E Street SW, Suite issued a limited exclusion order Products, 802 Burlway Road, 401, Washington, DC 20436; and prohibiting importation of infringing Burlingame, California 94010 (3) For the investigation so instituted, access control systems and components i8 International, Inc. d/b/a the Chief Administrative Law Judge, thereof and issued cease and desist Ink4Work.com, 19961 Harrison U.S. International Trade Commission, orders directed to the following Avenue, City of Industry, California shall designate the presiding respondents: Techtronic Industries 91789 Administrative Law Judge. Company Ltd. of Tsuen Wan, Hong Ink Technologies Printer Supplies, LLC, Responses to the complaint and the Kong (‘‘TTi HK’’); Techtronic Industries 7600 McEwen Road, Dayton, Ohio notice of investigation must be North America Inc. of Hunt Valley, 45459 Maryland (‘‘TTi NA’’); One World LD Products, Inc., 3700 Cover Street, submitted by the named respondents in Technologies, Inc. of Anderson, South Long Beach, California 90808 accordance with section 210.13 of the Linkyo Corp. d/b/a Commission’s Rules of Practice and Carolina (‘‘One World’’); and OWT SuperMediaStore.com, 629 South Procedure, 19 CFR 210.13. Pursuant to Industries, Inc. of Pickens, South Sixth Avenue, La Puente, California 19 CFR 201.16(e) and 210.13(a), such Carolina (‘‘OWT’’). The investigation is 91746 responses will be considered by the terminated. CLT Computers, Inc. d/b/a Multiwave Commission if received not later than 20 FOR FURTHER INFORMATION CONTACT: and MWave, 20153 Paseo Del Prado, days after the date of service by the Panyin A. Hughes, Office of the General Walnut, California 91789 Commission of the complaint and the Counsel, U.S. International Trade Imaging Supplies Investors, LLC d/b/a, notice of investigation. Extensions of Commission, 500 E Street SW, SuppliesOutlet.com, time for submitting responses to the Washington, DC 20436, telephone 202– SuppliesWholesalers.com, and, complaint and the notice of 205–3042. Copies of non-confidential OnlineTechStores.com, 5440 Reno investigation will not be granted unless documents filed in connection with this Corporate Drive, Reno, Nevada 89511 good cause therefor is shown. investigation are or will be available for Online Tech Stores, LLC d/b/a, Failure of a respondent to file a timely inspection during official business SuppliesOutlet.com, response to each allegation in the hours (8:45 a.m. to 5:15 p.m.) in the SuppliesWholesalers.com, and complaint and in this notice may be Office of the Secretary, U.S. OnlineTechStores.com, 190 Monroe deemed to constitute a waiver of the International Trade Commission, 500 E Avenue, Suite 600, Grand Rapids, right to appear and contest the Street SW, Washington, DC 20436, Michigan 49503–2628 allegations of the complaint and this telephone 202–205–2000. General Kuhlmann Enterprises, Inc. d/b/a notice, and to authorize the information concerning the Commission Precision Roller, 2102 W. Quail administrative law judge and the may also be obtained by accessing its Avenue, Suite 1, Phoenix, Arizona Commission, without further notice to internet server (https://www.usitc.gov). 85027 the respondent, to find the facts to be as The public record for this investigation

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13518 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

may be viewed on the Commission’s Comm’n Notice of Non-Review (Mar. 20, respect to the ’336 patent, the ALJ found electronic docket (EDIS) at https:// 2017). that Respondents do not directly or edis.usitc.gov. Hearing-impaired On March 27, 2017, the ALJ issued indirectly infringe asserted claim 34 and persons are advised that information on Order No. 23 granting Respondents’ that claim 34 is not invalid as obvious. this matter can be obtained by motion for summary determination of ID at 72–74, 105–119. The ALJ further contacting the Commission’s TDD non-infringement of the asserted claims found that claims 15, 19, and 34 of the terminal on 202–205–1810. of the ’319 patent, stemming from the ’336 patent are invalid under 35 U.S.C. SUPPLEMENTARY INFORMATION: The ALJ’s construction of the claim term 101 for reciting unpatentable subject Commission instituted this investigation ‘‘wall console’’ to mean ‘‘a wall- matter and that claim 15 is invalid for on August 9, 2016, based on a complaint mounted control unit including a anticipation but that claims 12, 14, and filed by The Chamberlain Group, Inc. of passive infrared detector.’’ See Order 19 have not been shown invalid for Elmhurst, Illinois (‘‘Chamberlain’’ or No. 13 (Markman Order at 80). anticipation. ID at 74–103. Finally, the The ALJ held an evidentiary hearing ‘‘CGI’’). 81 FR 52713 (Aug. 9, 2016). The ALJ found that Chamberlain established from May 1, 2017 through May 3, 2017, complaint alleges violations of section the existence of a domestic industry that on issues solely relating to the ’336 337 of the Tariff Act of 1930, as practices the asserted patents under 19 patent. U.S.C. 1337(a)(2). See ID at 257–261, amended (19 U.S.C. 1337), in the On May 3, the Commission importation into the United States, the 288–294. determined to review Order No. 23 that Also on October 23, 2017, the ALJ sale for importation, and the sale within granted Respondents’ motion for issued his recommended determination the United States after importation of summary determination of non- on remedy and bonding. Recommended certain access control systems and infringement of the ’319 patent. On Determination on Remedy and Bonding components thereof by reason of review, the Commission determined to (‘‘RD’’). The ALJ recommends that in the infringement of one or more of claims 1, construe ‘‘wall console’’ as a ‘‘wall- event the Commission finds a violation 10–12, and 18–25 of U.S. Patent No. mounted control unit,’’ vacated Order of section 337, the Commission should 7,196,611 (‘‘the ’611 patent’’); claims 1– No. 23, and remanded the investigation issue a limited exclusion order 4, 7–12, 15, and 16 of the ’319 patent; as to the ’319 patent to the ALJ for prohibiting the importation of and claims 7, 11–13, 15–23, and 34–36 further proceedings. See Comm’n Op. Respondents’ accused products and of the ’336 patent. Id. The notice of (May 5, 2017) at 1–2. components thereof that infringe the investigation named the following On May 31, 2017, the Commission asserted claims of the ’319 patent. RD at respondents: TTi HK; TTi NA; One determined not to review the ALJ’s 2. The ALJ also recommends issuance of World; OWT; ET Technology (Wuxi) order (Order No. 28) granting a motion cease and desist orders against Co., Ltd. of Zhejiang, China to terminate the investigation as to all of respondents Techtronic Industries (collectively, ‘‘Respondents’’); and the pending claims of the ’611 patent. Company Ltd., Techtronic Industries Ryobi Technologies Inc. of Anderson, Order No. 28; Comm’n Notice of Non- North America Inc., One World South Carolina (‘‘Ryobi’’). Id. The Office Review (May 31, 2017). Technologies, Inc., and OWT Industries, of Unfair Import Investigations is not a The ALJ held a second evidentiary Inc. based on the presence of party to the investigation. hearing from July 12, 2017, through July commercially significant inventory in On October 27, 2016, the Commission 13, 2017, on issues relating to the ’319 the United States. RD at 5. With respect determined not to review the ALJ’s patent. to the amount of bond that should be order (Order No. 4) granting a motion to On November 9, 2017, the posted during the period of Presidential amend the Notice of Investigation to Commission determined not to review review, the ALJ recommends that the include the following two additional the ALJ’s order (Order No. 36) granting Commission set a bond in the amount respondents: Techtronic Trading a motion to terminate the investigation of zero (i.e., no bond) during the period Limited of Kwai Chung, Hong Kong; and as to certain accused products and of Presidential review. RD at 6–7. Techtronic Industries Factory Outlets claims 19–23 of the ’336 patent. Order On November 6, 2017, Respondents Inc., d/b/a Direct Tools Factory Outlet of No. 36; Comm’n Notice of Non-Review filed a petition for review as to the ’319 Anderson, South Carolina (collectively, (Nov. 9, 2017). patent and a contingent petition for ‘‘Techtronic’’). See Order No. 4, On October 23, 2017, the ALJ issued review as to the ’336 patent. See Comm’n Notice of Non-Review (Oct. 27, his final ID, finding a violation of Respondents’ Petition for Review. Also 2016). section 337 by Respondents in on November 6, 2017, Chamberlain filed On November 7, 2016, the connection with claims 1–4, 7–12, 15, a petition for review of the ID, primarily Commission determined not to review and 16 of the ’319 patent. Specifically, challenging the ALJ’s findings of no the ALJ’s order (Order No. 6) the ALJ found that the Commission has violation of section 337 as it pertains to terminating the investigation as to subject matter jurisdiction, in rem the ’336 patent. See Complainant’s Ryobi. See Order No. 6, Comm’n Notice jurisdiction over the accused products, Petition for Review of Initial of Non-Review (Nov. 7, 2016). and in personam jurisdiction over Determination on Violation of Section On March 15, 2017, the Commission Respondents. ID at 24–26. The ALJ also 337. determined not to review the ALJ’s found that Chamberlain satisfied the On November 14, 2017, Chamberlain order (Order No. 15) granting a motion importation requirement of section 337 and Respondents filed their respective to terminate the investigation as to (19 U.S.C. 1337(a)(1)(B)). Id. The ALJ responses to the petitions for review. Techtronic. Order No. 15, Comm’n further found that the accused products See Complainant’s Response to Notice of Non-Review (Mar. 15, 2017). directly infringe asserted claims 1–4, 7– Respondents’ Petition for Review of On March 20, 2017, the Commission 12, 15, and 16 of the ’319 patent, and Initial Determination on Violation of determined not to review the ALJ’s that Respondents induce infringement Section 337; Respondents’ Response to order (Order No. 18) granting a motion of those claims. See ID at 130–141, 144. Complainant’s Petition for Review. to terminate the investigation as to The ALJ also found that Respondents On December 22, 2017, the claims 10, 19–20, and 22 of the ’611 failed to establish that the asserted Commission determined to review the patent and claims 7, 11–13, 15–18, 35, claims of the ’319 patent are invalid for final ID in part. 82 FR 61792–94 (Dec. and 36 of the ’336 patent. Order No. 18; obviousness. ID at 151–212. With 29, 2017). Specifically, for the ’319

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13519

patent the Commission determined to imported by or on behalf of document in the Federal Register on review (1) the ID’s finding that a Respondents or any of their affiliated February 6, 2018, concerning a notice of combination of prior art references companies, parents, subsidiaries, agents, application that inadvertently did not Doppelt, Jacobs, and Gilbert fail to or other related business entities, or include the controlled substance render the asserted claims obvious; and their successors or assigns, are excluded levorphanol (9220). (2) the ID’s finding that a combination from entry for consumption into the Correction of prior art references Matsuoka, United States, entry for consumption Doppelt, and Eckel fail to render the from a foreign-trade zone, or withdrawal In the Federal Register on February 6, asserted claims obvious. For the ’336 from a warehouse for consumption, for 2018, in FR Doc No: 2018–02343 (83 FR patent the Commission determined to the remaining term of the ’319 patent 5274), correct the table to include the review (1) the ID’s finding that claim 34 except under license of the patent following basic class of controlled recites ineligible patent subject matter owner or as provided by law; and (2) substance: under 35 U.S.C. 101; and (2) the ID’s cease and desist orders prohibiting TTi finding that Pruessel, either alone or in Controlled HK, TTi NA, One World, and OWT from substance Drug code Schedule combination with Koestler, fails to conducting any of the following render claim 34 obvious. The activities in the United States: Levorphanol ...... 9220 II Commission requested the parties to Importing, selling, marketing, brief certain issues. Id. On January 5, advertising, distributing, transferring Dated: March 15, 2018. 2018, the parties filed submissions to (except for exportation), and soliciting Susan A. Gibson, the Commission’s question and on U.S. agents or distributors for, access Deputy Assistant Administrator. remedy, the public interest, and control systems and components thereof bonding. See Complainant’s Response to covered by one or more of claims 1–4, [FR Doc. 2018–06327 Filed 3–28–18; 8:45 am] Request for Written Submissions 7–12, 15, and 16 of the ’319 patent. BILLING CODE 4410–09–P Regarding Issues Under Review; The Commission has also determined Respondents’ Response to Request for that the public interest factors DEPARTMENT OF JUSTICE Written Submissions Regarding Issues enumerated in section 337(d) and (f) (19 Under Review. On January 12, 2018, the U.S.C. 1337(d) and (f)) do not preclude Drug Enforcement Administration parties filed reply submissions. See issuance of the limited exclusion order Complainant’s Reply to Respondents’ or cease and desist orders. Finally, the [Docket No. DEA–392] Submission Addressing the Commission has determined that a bond Importer of Controlled Substances Commission’s December 22, 2017 in the amount of zero is required to Application: Fisher Clinical Services, Notice; Respondents’ Reply to permit temporary importation during Inc. Complainant’s Submission Regarding the period of Presidential review (19 Issues Under Review. U.S.C. 1337(j)) of access control system ACTION: Notice of application. Having examined the record of this and components thereof that are subject investigation, including the final ID, and to the remedial orders. The DATES: Registered bulk manufacturers of the parties’ submissions, for the ’319 Commission’s orders and opinion were the affected basic classes and applicants patent the Commission has determined delivered to the President and to the therefore, may file written comments on to (1) affirm the ALJ’s finding that a United States Trade Representative on or objections to the issuance of the combination of prior art references the day of their issuance. proposed registration on or before April Doppelt, Jacobs, and Gilbert fail to The authority for the Commission’s 30, 2018. Such persons may also file a render the asserted claims obvious and determination is contained in section written request for a hearing on the (2) affirm the ALJ’s finding that a 337 of the Tariff Act of 1930, as application on or before April 30, 2018. combination of prior art references amended (19 U.S.C. 1337), and in Part ADDRESSES: Written comments should Matsuoka, Doppelt, and Eckel fail to 210 of the Commission’s Rules of render the asserted claims obvious, but be sent to: Drug Enforcement Practice and Procedure (19 CFR part Administration, Attention: DEA Federal reverse the ALJ’s finding that Eckel is 210). analogous art. For the ’336 patent the Register Representative/DRW, 8701 Commission has determined to (1) By order of the Commission. Morrissette Drive, Springfield, Virginia affirm the ALJ’s finding that Pruessel, Issued: March 23, 2018. 22152. All requests for hearing must be either alone or in combination with Katherine Hiner, sent to: Drug Enforcement Koestler, fails to render claim 34 Supervisory Attorney. Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, obvious and (2) take no position on the [FR Doc. 2018–06293 Filed 3–28–18; 8:45 am] Virginia 22152. All requests for hearing ALJ’s finding that claim 34 recites BILLING CODE 7020–02–P ineligible patent subject matter under 35 should also be sent to: (1) Drug U.S.C. 101. The Commission adopts the Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette ID’s findings to the extent they are not DEPARTMENT OF JUSTICE inconsistent with the Commission Drive, Springfield, Virginia 22152; and opinion issued herewith. Drug Enforcement Administration (2) Drug Enforcement Administration, Having found a violation of section Attn: DEA Federal Register 337 in this investigation, the [Docket No. DEA–392] Representative/DRW, 8701 Morrissette Commission has determined that the Drive, Springfield, Virginia 22152. Bulk Manufacturer of Controlled appropriate form of relief is: (1) A SUPPLEMENTARY INFORMATION: Substances Application: Chattem limited exclusion order prohibiting the The Attorney General has delegated Chemicals, Inc. unlicensed entry of access control his authority under the Controlled systems and components thereof that ACTION: Notice; Correction. Substances Act to the Administrator of infringe one or more of claims 1–4, 7– the Drug Enforcement Administration 12, 15, and 16 of the ’319 patent that are SUMMARY: The Drug Enforcement (DEA), 28 CFR 0.100(b). Authority to manufactured by, or on behalf of, or are Administration (DEA) published a exercise all necessary functions with

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13520 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

respect to the promulgation and 22152. All requests for hearing must be applicants therefore, may file written implementation of 21 CFR part 1301, sent to: Drug Enforcement comments on or objections to the incident to the registration of Administration, Attn: Administrator, issuance of the proposed registration on manufacturers, distributors, dispensers, 8701 Morrissette Drive, Springfield, or before April 30, 2018. Such persons importers, and exporters of controlled Virginia 22152. All requests for hearing may also file a written request for a substances (other than final orders in should also be sent to: (1) Drug hearing on the application on or before connection with suspension, denial, or Enforcement Administration, Attn: April 30, 2018. revocation of registration) has been Hearing Clerk/LJ, 8701 Morrissette redelegated to the Assistant Drive, Springfield, Virginia 22152; and ADDRESSES: Written comments should Administrator of the DEA Diversion (2) Drug Enforcement Administration, be sent to: Drug Enforcement Control Division (‘‘Assistant Attn: DEA Federal Register Administration, Attention: DEA Federal Administrator’’) pursuant to section 7 of Representative/DRW, 8701 Morrissette Register Representative/DRW, 8701 28 CFR part 0, appendix to subpart R. Drive, Springfield, Virginia 22152. Morrissette Drive, Springfield, Virginia In accordance with 21 CFR SUPPLEMENTARY INFORMATION: The 22152. All requests for hearing must be 1301.34(a), this is notice that on June 5, Attorney General has delegated his sent to: Drug Enforcement 2017, Fisher Clinical Services, Inc., 700 authority under the Controlled Administration, Attn: Administrator, A–C Nestle Way, Breinigsville, Substances Act to the Administrator of 8701 Morrissette Drive, Springfield, Pennsylvania 18031–1522 applied to be the Drug Enforcement Administration Virginia 22152. All request for hearing registered as an importer of the (DEA), 28 CFR 0.100(b). Authority to should also be sent to: (1) Drug following basic classes of controlled exercise all necessary functions with Enforcement Administration, Attn: substances: respect to the promulgation and Hearing Clerk/LJ, 8701 Morrissette implementation of 21 CFR part 1301, Drive, Springfield, Virginia 22152; and Controlled substance Drug code Schedule incident to the registration of (2) Drug Enforcement Administration, manufacturers, distributors, dispensers, Attn: DEA Federal Register Methylphenidate ..... 1724 II importers, and exporters of controlled Representative/DRW, 8701 Morrissette Levorphanol ...... 9220 II substances (other than final orders in Drive, Springfield, Virginia 22152. Noroxymorphone .... 9668 II connection with suspension, denial, or Tapentadol ...... 9780 II revocation of registration) has been SUPPLEMENTARY INFORMATION: redelegated to the Assistant The Attorney General has delegated The company plans to import the Administrator of the DEA Diversion his authority under the Controlled listed controlled substances in finished Control Division (‘‘Assistant Substances Act to the Administrator of dosage form for testing, and clinical Administrator’’) pursuant to section 7 of the Drug Enforcement Administration trials purposes only. This authorization 28 CFR part 0, appendix to subpart R. (DEA), 28 CFR 0.100(b). Authority to does not extend to the import of a In accordance with 21 CFR finished Food and Drug Administration exercise all necessary functions with 1301.34(a), this is notice that on respect to the promulgation and (FDA) approved or non-approved February 24, 2014, Lannett Company, implementation of 21 CFR part 1301, dosage form for commercial distribution Inc., 9001 Torresdale Avenue, incident to the registration of in the United States. Philadelphia, Pennsylvania 19136 manufacturers, distributors, dispensers, Dated: March 15, 2018. applied to be registered as an importer of tetrahydrocannabinols (7370), a basic importers, and exporters of controlled Susan A. Gibson, substances (other than final orders in Deputy Assistant Administrator. class of controlled substance listed in schedule I. connection with suspension, denial, or [FR Doc. 2018–06321 Filed 3–28–18; 8:45 am] The company plans to import the revocation of registration) has been BILLING CODE 4410–09–P finished dosage forms to support their redelegated to the Assistant abbreviated new drug application Administrator of the DEA Diversion Control Division (‘‘Assistant DEPARTMENT OF JUSTICE (ANDA) submission to the U.S. Food and Drug Administration (FDA). No Administrator’’) pursuant to section 7 of Drug Enforcement Administration other activity for this drug code is 28 CFR part 0, appendix to subpart R. authorized for this registration. [Docket No. DEA–392] In accordance with 21 CFR Dated: March 15, 2018. 1301.34(a), this is notice that on January Importer of Controlled Substances Susan A. Gibson, 8, 2018, Novitium Pharma, LLC., 70 Application: Lannett Company, Inc. Deputy Assistant Administrator. Lake Drive, East Windsor, NJ 08520 [FR Doc. 2018–06313 Filed 3–28–18; 8:45 am] applied to be registered as an importer ACTION: Notice of application. BILLING CODE 4410–09–P of the Schedule II controlled substance Levorphanol (9220). DATES: Registered bulk manufacturers of the affected basic classes and applicants The company plans to import the DEPARTMENT OF JUSTICE therefore, may file written comments on controlled substance to develop the or objections to the issuance of the Drug Enforcement Administration manufacturing process for a drug proposed registration on or before April product that will in turn be used to 30, 2018. Such persons may also file a [Docket No. DEA–392] produce a tablet equivalent to the written request for a hearing on the current brand product. Importer of Controlled Substances application on or before April 30, 2018. Application: Novitium Pharma, LLC Dated: March 15, 2018. ADDRESSES: Written comments should Susan A. Gibson, be sent to: Drug Enforcement ACTION: Notice of application. Administration, Attention: DEA Federal Deputy Assistant Administrator. Register Representative/DRW, 8701 DATES: Registered bulk manufacturers of [FR Doc. 2018–06318 Filed 3–28–18; 8:45 am] Morrissette Drive, Springfield, Virginia the affected basic classes, and BILLING CODE 4410–09–P

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13521

DEPARTMENT OF JUSTICE Morrissette Drive, Springfield, Virginia (DEA), 28 CFR 0.100(b). Authority to 22152. All requests for hearing must be exercise all necessary functions with Drug Enforcement Administration sent to: Drug Enforcement respect to the promulgation and Administration, Attn: Administrator, implementation of 21 CFR part 1301, [Docket No. DEA–392] 8701 Morrissette Drive, Springfield, incident to the registration of Importer of Controlled Substances Virginia 22152. All request for hearing manufacturers, distributors, dispensers, Application: Sharp Clinical Services, should also be sent to: (1) Drug importers, and exporters of controlled INC. Enforcement Administration, Attn: substances (other than final orders in Hearing Clerk/LJ, 8701 Morrissette connection with suspension, denial, or ACTION: Notice of application. Drive, Springfield, Virginia 22152; and revocation of registration) has been (2) Drug Enforcement Administration, redelegated to the Assistant DATES: Registered bulk importers of the Attn: DEA Federal Register Administrator of the DEA Diversion affected basic classes, and applicants Representative/DRW, 8701 Morrissette Control Division (‘‘Assistant therefore, may file written comments on Drive, Springfield, Virginia 22152. Administrator’’) pursuant to section 7 of or objections to the issuance of the Comments and requests for hearings on 28 CFR part 0, appendix to subpart R. proposed registration on or before April applications to import narcotic raw In accordance with 21 CFR 30, 2018. Such persons may also file a material are not appropriate. 72 FR 1301.34(a), this is notice that on written request for a hearing on the 3417, (January 25, 2007) February 2, 2018, Sharp Clinical application on or before April 30, 2018. SUPPLEMENTARY INFORMATION: Services INC., 300 Kimberton Rd., ADDRESSES: Written comments should The Attorney General has delegated Phoenixville, PA 19460 applied to be be sent to: Drug Enforcement his authority under the Controlled registered as an importer of the Administration, Attention: DEA Federal Substances Act to the Administrator of following basic classes of controlled Register Representative/DRW, 8701 the Drug Enforcement Administration substances:

Controlled substance Drug code Schedule

Gamma Hydroxybutyric Acid ...... 2010 I Marihuana ...... 7360 I 3,4-Methylenedioxymethamphetamine ...... 7405 I Psilocybin ...... 7437 I

The company plans to import the ADDRESSES: Written comments should Controlled sub- Drug code Schedule listed controlled substances for be sent to: Drug Enforcement stance analytical research, testing, and clinical Administration, Attention: DEA Federal trials. No other activity for these drug Register Representative/DRW, 8701 Pentobarbital .... 2270 II codes is authorized for this registration. 4-Anilino-N- 8333 II Morrissette Drive, Springfield, Virginia phenethyl-4- Approval of permit applications will 22152. piperidine occur only when the registrant’s (ANPP). business activity is consistent with what SUPPLEMENTARY INFORMATION: The Levorphanol ...... 9220 II is authorized under 21 U.S.C. 952(a)(2). Attorney General has delegated his Remifentanil ...... 9739 II Authorization will not extend to the authority under the Controlled Fentanyl ...... 9801 II import of FDA approved or non- Substances Act to the Administrator of approved finished dosage forms for the Drug Enforcement Administration The company plans to initially commercial sale. (DEA), 28 CFR 0.100(b). Authority to manufacture API quantities of the listed Dated: March 15, 2018. exercise all necessary functions with controlled substances for validation Susan A. Gibson, respect to the promulgation and purposes and FDA approval. Deputy Assistant Administrator. implementation of 21 CFR part 1301, Dated: March 15, 2018. [FR Doc. 2018–06319 Filed 3–28–18; 8:45 am] incident to the registration of Susan A. Gibson, BILLING CODE 4410–09–P manufacturers, distributors, dispensers, Deputy Assistant Administrator. importers, and exporters of controlled [FR Doc. 2018–06325 Filed 3–28–18; 8:45 am] substances (other than final orders in BILLING CODE 4410–09–P DEPARTMENT OF JUSTICE connection with suspension, denial, or revocation of registration) has been Drug Enforcement Administration redelegated to the Assistant DEPARTMENT OF JUSTICE [Docket No. DEA–392] Administrator of the DEA Diversion Control Division (‘‘Assistant Drug Enforcement Administration Bulk Manufacturer of Controlled Administrator’’) pursuant to section 7 of [Docket No. DEA–392] Substances Application: Navinta LLC 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR Importer of Controlled Substances ACTION: Notice of application. Application: Siegfried USA, LLC 1301.33(a), this is notice that on DATES: Registered bulk manufacturers of September 13, 2017, Navinta LLC, 1499 ACTION: Notice of application. the affected basic class, and applicants Lower Ferry Rd. Ewing, NJ 08618 therefore, may file written comments on applied to be registered as a bulk DATES: Registered bulk manufacturers of or objections to the issuance of the manufacturer for the basic classes of the affected basic classes, and proposed registration on or before May controlled substances: applicants therefore, may file written 29, 2018. comments on or objections to the

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13522 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

issuance of the proposed registration on Dated: March 15, 2018. customers. No other activity for these or before April 30, 2018. Such persons Susan A. Gibson, drug codes are authorized for this may also file a written request for a Deputy Assistant Administrator. registration. hearing on the application on or before [FR Doc. 2018–06320 Filed 3–28–18; 8:45 am] Dated: March 15, 2018. April 30, 2018. BILLING CODE 4410–09–P Susan A. Gibson, ADDRESSES: Written comments should Deputy Assistant Administrator. be sent to: Drug Enforcement DEPARTMENT OF JUSTICE [FR Doc. 2018–06324 Filed 3–28–18; 8:45 am] Administration, Attention: DEA Federal BILLING CODE 4410–09–P Register Representative/DRW, 8701 Drug Enforcement Administration Morrissette Drive, Springfield, Virginia [Docket No. DEA–392] 22152. All requests for hearing must be DEPARTMENT OF JUSTICE sent to: Drug Enforcement Bulk Manufacturer of Controlled Administration, Attn: Administrator, Drug Enforcement Administration 8701 Morrissette Drive, Springfield, Substances Application: Insys Virginia 22152. All request for hearing Manufacturing LLC [Docket No. DEA–392] should also be sent to: (1) Drug ACTION: Notice of application. Enforcement Administration, Attn: Bulk Manufacturer of Controlled Hearing Clerk/LJ, 8701 Morrissette DATES: Registered bulk manufacturers of Substances Application: National Drive, Springfield, Virginia 22152; and the affected basic classes, and Center for Natural Products Research (2) Drug Enforcement Administration, applicants therefore, may file written NIDA MPROJECT Attn: DEA Federal Register comments on or objections to the Representative/DRW, 8701 Morrissette issuance of the proposed registration on ACTION: Notice of application. Drive, Springfield, Virginia 22152. or before May 29, 2018. Comments and requests for hearings on ADDRESSES: Written comments should applications to import narcotic raw be sent to: Drug Enforcement DATES: Registered bulk manufacturers of material are not appropriate. 72 FR 3417 Administration, Attention: DEA Federal the affected basic classes, and (January 25, 2007). Register Representative/DRW, 8701 applicants therefore, may file written comments on or objections to the SUPPLEMENTARY INFORMATION: Morrissette Drive, Springfield, Virginia 22152. issuance of the proposed registration on The Attorney General has delegated or before May 29, 2018. his authority under the Controlled SUPPLEMENTARY INFORMATION: The Substances Act to the Administrator of Attorney General has delegated his ADDRESSES: Written comments should the Drug Enforcement Administration authority under the Controlled be sent to: Drug Enforcement (DEA), 28 CFR 0.100(b). Authority to Substances Act to the Administrator of Administration, Attention: DEA Federal exercise all necessary functions with the Drug Enforcement Administration Register Representative/DRW 8701 respect to the promulgation and (DEA), 28 CFR 0.100(b). Authority to Morrissette Drive, Springfield, Virginia implementation of 21 CFR part 1301, exercise all necessary functions with 22152. incident to the registration of respect to the promulgation and implementation of 21 CFR part 1301, SUPPLEMENTARY INFORMATION: The manufacturers, distributors, dispensers, Attorney General has delegated his importers, and exporters of controlled incident to the registration of manufacturers, distributors, dispensers, authority under the Controlled substances (other than final orders in Substances Act to the Administrator of connection with suspension, denial, or importers, and exporters of controlled the Drug Enforcement Administration revocation of registration) has been substances (other than final orders in (DEA), 28 CFR 0.100(b). Authority to redelegated to the Assistant connection with suspension, denial, or exercise all necessary functions with Administrator of the DEA Diversion revocation of registration) has been respect to the promulgation and Control Division (‘‘Assistant redelegated to the Assistant implementation of 21 CFR part 1301, Administrator’’) pursuant to section 7 of Administrator of the DEA Diversion incident to the registration of 28 CFR part 0, appendix to subpart R. Control Division (‘‘Assistant Administrator’’) pursuant to section 7 of manufacturers, distributors, dispensers, In accordance with 21 CFR 28 CFR part 0, appendix to subpart R. importers, and exporters of controlled 1301.34(a), this is notice that on In accordance with 21 CFR substances (other than final orders in February 2, 2018, Siegfried USA, LLC, 1301.33(a), this is notice that on connection with suspension, denial, or 33 Industrial Park Road, Pennsville, NJ December 7, 2017, Insys Manufacturing revocation of registration) has been 08070 applied to be registered as an LLC, 2700 Oakmont Drive, Round Rock, redelegated to the Assistant importer of the following basic classes Texas 78665 applied to be registered as Administrator of the DEA Diversion of controlled substances: a bulk manufacturer the following basic Control Division (‘‘Assistant classes of controlled substances: Administrator’’) pursuant to section 7 of Controlled sub- 28 CFR part 0, appendix to subpart R. stance Drug code Schedule Controlled sub- In accordance with 21 CFR stance Drug code Schedule Opium, raw ...... 9600 II 1301.33(a), this is notice that on October Poppy Straw 9670 II Marihuana ...... 7360 I 18, 2017, National Center for Natural Concentrate. Tetrahydrocann- 7370 I Products Research NIDA MPROJECT, abinols. University of Mississippi, 135 Coy The company plans to import the Waller Complex, P.O. Box 1848, listed controlled substances to The company plans to manufacture University, Mississippi 38677–1848 manufacture bulk active bulk synthetic active pharmaceutical applied to be registered as a bulk pharmaceuticals ingredients (API) for ingredients (APIs) for product manufacturer of the following basic distribution to its customers. development and distribution to its classes of controlled substances:

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13523

exercise all necessary functions with and maintain storage tank vapor control Controlled sub- Drug code Schedule stance respect to the promulgation and systems, resulting in emissions of implementation of 21 CFR part 1301, volatile organic compounds (‘‘VOC’’) Marihuana Ex- 7350 I incident to the registration of and other pollutants to the atmosphere. tract. manufacturers, distributors, dispensers, Marihuana ...... 7360 I The proposed consent decree covers importers, and exporters of controlled Tetrahydrocann- 7370 I all 20 of XTO’s well pads on the Fort abinols. substances (other than final orders in connection with suspension, denial, or Berthold Indian Reservation. The proposed decree requires XTO to The company plans to bulk revocation of registration) has been perform injunctive relief, including manufacture the listed controlled redelegated to the Assistant conducting engineering evaluations of substances to make available to the Administrator of the DEA Diversion National Institute on Drug Abuse Control Division (‘‘Assistant the vapor control systems at each of the (NIDA) a supply of bulk marihuana for Administrator’’) pursuant to section 7 of well pads to ensure that they are distribution to research investigators in 28 CFR part 0, appendix to subpart R. adequately sized and designed. XTO support of the national research In accordance with 21 CFR must also complete one environmental program needs. No other activities for 1301.34(a), this is notice that on mitigation project, estimated to cost at these drug codes are authorized for this February 18, 2015, S&B Pharma, Inc., least $425,000, and pay a $320,000 civil registration. DBA NORAC Pharma, 405 S. Motor penalty. Entering into and fully Avenue, Azusa, CA 91702 applied for complying with the proposed consent Dated: March 15, 2018. renewal of their registration as an Susan A. Gibson, decree would release XTO from past importer of the following basic classes civil liability at the tanks systems as Deputy Assistant Administrator. of controlled substances: associated vapor control systems for [FR Doc. 2018–06323 Filed 3–28–18; 8:45 am] violations of the Fort Berthold FIP BILLING CODE 4410–09–P Drug Controlled substance code Schedule relating to VOC emissions from storage tanks. DEPARTMENT OF JUSTICE 4-Anilino-N-phenethyl-4- 8333 II The publication of this notice opens piperidine (ANPP). Tapentadol ...... 9780 II a period for public comment on the Drug Enforcement Administration consent decree. Comments should be [Docket No. DEA–392] The company plans to import the addressed to the Assistant Attorney controlled substances in bulk for the General, Environment and Natural Importer of Controlled Substances manufacture of other controlled Resources Division, and should refer to Application: S&B Pharma, Inc. substances for its customers. Tapentadol United States of America v. XTO Energy (9780) will be imported in Intermediate ACTION: Notice of application. Inc., D.J. Ref. No. 90–5–2–1–11656. All form to bulk manufacture Tapentadol comments must be submitted no later DATES: Registered bulk manufacturers of for distribution to its customers. No than thirty (30) days after the the affected basic classes, and other activity for these drug codes will publication date of this notice. applicants therefore, may file written be allowed. Comments may be submitted either by comments on or objections to the Dated: March 15, 2018. email or by mail: issuance of the proposed registration on Susan A. Gibson, or before April 30, 2018. Such persons Deputy Assistant Administrator. To submit comments: Send them to: may also file a written request for a [FR Doc. 2018–06322 Filed 3–28–18; 8:45 am] hearing on the application on or before BILLING CODE 4410–09–P April 30, 2018. By email ...... pubcomment-ees.enrd@ usdoj.gov. ADDRESSES: Written comments should By mail ...... Assistant Attorney General, be sent to: Drug Enforcement DEPARTMENT OF JUSTICE U.S. DOJ–ENRD, P.O. Box Administration, Attention: DEA Federal 7611, Washington, DC Register Representative/DRW, 8701 Notice of Lodging of Proposed 20044–7611. Morrissette Drive, Springfield, Virginia Consent Decree Under the Clean Air Act 22152. All requests for hearing must be During the public comment period, sent to: Drug Enforcement On March 23, 2018, the Department of the consent decree may be examined Administration, Attn: Administrator, Justice lodged a proposed consent and downloaded at this Justice 8701 Morrissette Drive, Springfield, decree with the United States District Department website: https:// Virginia 22152. All request for hearing Court for the District of North Dakota in www.justice.gov/enrd/consent-decrees. should also be sent to: (1) Drug the lawsuit entitled United States of We will provide a paper copy of the Enforcement Administration, Attn: America v. XTO Energy Inc., Civil Hearing Clerk/LJ, 8701 Morrissette consent decree upon written request Action No. 1:18–cv–00060. and payment of reproduction costs. Drive, Springfield, Virginia 22152; and The lawsuit seeks injunctive relief Please mail your request and payment (2) Drug Enforcement Administration, and civil penalties for violations of the Attn: DEA Federal Register Clean Air Act and the Federal to: Consent Decree Library, U.S. DOJ— Representative/DRW, 8701 Morrissette Implementation Plan for Oil and Natural ENRD, P.O. Box 7611, Washington, DC Drive, Springfield, Virginia 22152. Gas Well Production Facilities; Fort 20044–7611. SUPPLEMENTARY INFORMATION: Berthold Indian Reservation at well Please enclose a check or money order The Attorney General has delegated pads owned and operated by XTO for $17.00 (25 cents per page his authority under the Controlled Energy Inc. (‘‘XTO’’) on the Fort Substances Act to the Administrator of Berthold Indian Reservation in North the Drug Enforcement Administration Dakota. The violations relate to alleged (DEA), 28 CFR 0.100(b). Authority to failures to adequately design, operate,

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13524 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

reproduction cost) payable to the United from which $3,045,046 will reimburse reproduction cost) payable to the United States Treasury. the federal and state trustees for past States Treasury. Robert Brook, assessment costs ($2,981,841.85 for Thomas P. Carroll, federal trustees and $63,204 for state Assistant Section Chief, Environmental Assistant Section Chief, Environmental Enforcement Section, Environment and trustees) and $7,954,954.15 will be Enforcement Section, Environment and Natural Resources Division. deposited into the Bayou d’Inde Area of Natural Resources Division. [FR Doc. 2018–06366 Filed 3–28–18; 8:45 am] Concern Site Restoration Account [FR Doc. 2018–06360 Filed 3–28–18; 8:45 am] BILLING CODE 4410–15–P within the NRDAR Fund managed by BILLING CODE 4410–15–P the United States Department of Interior for use by the trustees to pay for future DEPARTMENT OF JUSTICE natural resource restoration actions DEPARTMENT OF JUSTICE selected by the trustees. In Notice of Lodging of Proposed consideration for the payments to be Notice of Lodging of Proposed Consent Decree Under the Consent Decree Under the Clean Air made by the Settling Defendants, and Comprehensive Environmental Act subject to certain reservations of rights, Response, Compensation and Liability Act and The Clean Water Act the United States, LDEQ and LDWF On March 19, 2018, the Department of covenant not to sue or take any civil Justice lodged a proposed Consent On March 22, 2018, the Department of judicial or administrative action against Decree with the United States District Justice lodged a proposed Consent the Settling Defendants to recover for Court for the Northern District of Ohio Decree with the United States District the natural resource damages as defined in the lawsuit entitled United States v. Court for the Western District of in the Consent Decree. Martin Marietta Magnesia Specialties Louisiana in the lawsuit entitled United LLC, Civil Action No. 3:18–cv–00633. States, Louisiana Department of The publication of this notice opens The proposed Consent Decree Environmental Quality, and Louisiana a period for public comment on the resolves claims under Clean Air Act Department of Wildlife and Fisheries, Consent Decree. Comments should be (‘‘CAA’’) Sections 113(b) and 167, 42 for the State of Louisiana v. CITGO addressed to the Assistant Attorney U.S.C. 7413(b) and 7477, against Martin Petroleum Corporation, Occidental General, Environment and Natural Marietta Magnesia Specialties LLC Chemical Corporation, OXY USA Inc., Resources Division, and should refer to (‘‘MMMS’’), the owner and operator of and PPG Industries, Inc., Civil Action United States, Louisiana Department of a lime manufacturing plant located in No. 2:18–cv–00402. Environmental Quality, and Louisiana Woodville, Sandusky County, Ohio. The The Consent Decree resolves Department of Wildlife and Fisheries, Complaint asserts claims pursuant to Plaintiffs’ claims, as the trustees of for the State of Louisiana v. CITGO the CAA for violations of the Prevention natural resources, for injuries to natural Petroleum Corporation, Occidental of Significant Deterioration (‘‘PSD’’) resources in connection with the Chemical Corporation, OXY USA Inc., provisions of the CAA, 42 U.S.C. 7470– discharge of hazardous substances into and PPG Industries, Inc., D.J. Ref. No. 92, Title V of the Act, 42 U.S.C. 7661 et Bayou d’Inde in the Calcasieu Estuary 90–11–2–1284/3. All comments must be seq., and the National Emission located in Calcasieu Parish, Louisiana. submitted no later than thirty (30) days Standards for Hazardous Air Pollutants Specifically, the United States, on after the publication date of this notice. (‘‘NESHAP’’) provisions of the CAA, 42 behalf of the National Oceanic and Comments may be submitted either by U.S.C. 7412, and the NESHAP Atmospheric Administration and the email or by mail: regulations governing lime U.S. Department of Interior, as federal manufacturing plants, 40 CFR part 63, trustees for natural resources injured by To submit subparts A and AAAAA (‘‘Lime Settlors’ disposals of hazardous comments: Send them to: MACT’’). substances, seek to recover natural Under the proposed Consent Decree, resource damages pursuant to Section By email ...... pubcomment-ees.enrd@ and at an estimated cost of 107(a) of the Comprehensive usdoj.gov. approximately $20 million, MMMS will Environmental Response, By mail ...... Assistant Attorney General, address sulfur dioxide (‘‘SO2’’) and Compensation, and Liability Act U.S. DOJ–ENRD, P.O. Box nitrogen oxide (‘‘NOX’’) emissions from (‘‘CERCLA’’), 42 U.S.C. 9607(a), and 7611, Washington, DC the Woodville Facility through the Section 311(f) of the Federal Water 20044–7611. addition of preheaters to Lime Kilns #1 Pollution Control Act (‘‘CWA’’), 33 and #2 and address particulate matter U.S.C. 1321(f). The Louisiana During the public comment period, (‘‘PM’’) emissions by routing emissions Department of Environmental Quality the Consent Decree may be examined from Kiln #1 through a baghouse. Kilns (‘‘LDEQ’’) and the Louisiana Department and downloaded at this Justice #1 and #2 will also be required to meet of Wildlife and Fisheries (‘‘LDWF’’), for Department website: https:// specified SO2 and NOX emissions limits. the State of Louisiana, join in this action www.justice.gov/enrd/consent-decrees. Additionally, under the proposed and also seek to resolve claims under We will provide a paper copy of the Consent Decree, MMMS will pay an the Louisiana Environmental Quality Consent Decree upon written request $800,000 civil penalty and perform a Act, La. R.S. § 30:2025. The proposed and payment of reproduction costs. vehicle replacement supplemental Consent Decree resolves these claims. Please mail your request and payment environmental project valued at Under the proposed Consent Decree, to: Consent Decree Library, U.S. DOJ— $375,000. Settling Defendants CITGO Petroleum ENRD, P.O. Box 7611, Washington, DC The publication of this notice opens Corporation, Occidental Chemical a period for public comment on the 20044–7611. Corporation, OXY USA Inc., and PPG Consent Decree. Comments should be Industries, Inc. are resolving their Please enclose a check or money order addressed to the Assistant Attorney liability for natural resource damages for $9.75 (25 cents per page General, Environment and Natural alleged in the Complaint and agree to Resources Division, and should refer to pay jointly the total sum of $11 million United States v. Martin Marietta

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13525

Magnesia Specialties, LLC, D.J. Ref. No. Resources, Inc. Superfund Site (‘‘Site’’) reproduction cost) payable to the United 90–5–2–1–10203. All comments must be located in Upper Merion Township, States Treasury. For a paper copy submitted no later than thirty (30) days Montgomery County, Pennsylvania. without the exhibits, the cost is $25.00. after the publication date of this notice. Under the Consent Decree, the Robert Brook, Comments may be submitted either by defendants agree to pay past response email or by mail: costs of $138,800 and pay the United Assistant Section Chief, Environmental Enforcement Section, Environment and States’ interim and future costs related Natural Resources Division. To submit Send them to: to negotiating the Consent Decree and comments: overseeing the remedial action. The [FR Doc. 2018–06338 Filed 3–28–18; 8:45 am] BILLING CODE 4410–15–P By email ...... pubcomment-ees.enrd@ defendants also agree to implement the usdoj.gov. response action prescribed by EPA for Operable Units 1 and 2, namely, By mail ...... Assistant Attorney General, DEPARTMENT OF LABOR U.S. DOJ—ENRD, P.O. capping the remaining contamination to Box 7611, Washington, health-protective standards for Employment and Training D.C. 20044–7611 residents. In return, the United States Administration agrees not to sue the defendants under During the public comment period, sections 106 and 107 of CERCLA. Notice of a Change in Status of an the Consent Decree may be examined If the defendants, which are Extended Benefit (EB) Period for and downloaded at this Justice commercial developers, convey their Alaska Department website: https:// Site property in the future, the Consent www.justice.gov/enrd/consent-decrees. Decree binds the defendants’ successors AGENCY: Employment and Training We will provide a paper copy of the to various operations and maintenance Administration, Department of Labor. Consent Decree upon written request and institutional controls obligations. ACTION: Notice. and payment of reproduction costs. The United States’ covenant not to sue Please mail your request and payment the defendants extends to their SUMMARY: This notice announces a to: Consent Decree Library, U.S. DOJ— successors provided that the successors change in benefit period eligibility ENRD, P.O. Box 7611, Washington, DC execute a form requiring them to under the EB Program for Alaska. 20044–7611. comply with various Consent Decree The following change has occurred Please enclose a check or money order conditions. The covenant not to sue since the publication of the last notice for $12.50 (25 cents per page extends only to contamination that regarding the state’s EB status: • Based on data released by the reproduction cost) payable to the United exists at the Site as of the effective date Bureau of Labor Statistics on March 12, States Treasury. of the Consent Decree. The publication of this notice opens 2018, Alaska’s 3-month average Randall M. Stone, a period for public comment on the seasonally adjusted total unemployment Acting Assistant Section Chief, Consent Decree. Comments should be rate (TUR) remains above 6.5 percent for Environmental Enforcement Section, addressed to the Assistant Attorney the 3-months ending January 2018. Environment and Natural Resources Division. General, Environment and Natural However, this rate fails to meet the [FR Doc. 2018–06291 Filed 3–28–18; 8:45 am] Resources Division, and should refer to requirement of being at least 110 BILLING CODE 4410–15–P United States Renaissance Land percent of the seasonally adjusted TUR Associates II, L.P., et al., D.J. Ref. No. for the corresponding period in either of the prior two years. Therefore, the EB DEPARTMENT OF JUSTICE 90–11–2–1283/4. All comments must be submitted no later than thirty (30) days period for Alaska will end on April 7, 2018. The state will remain in an ‘‘off’’ Notice of Lodging of Proposed after publication of this notice. period for a minimum of 13 weeks. Consent Decree Under the Comments may be submitted either by Comprehensive Environmental email or by mail: Information for Claimants Response, Compensation and The duration of benefits payable in Recovery Act To submit comments: Send them to: the EB Program, and the terms and On March 23, 2018, the Department of conditions on which they are payable, Justice lodged a proposed Consent By email ...... pubcomment-ees.enrd@ are governed by the Federal-State usdoj.gov. Extended Unemployment Compensation Decree with the United States District By mail ...... Assistant Attorney General, Court for the Eastern District of Act of 1970, as amended, and the U.S. DOJ–ENRD, P.O. Box operating instructions issued to the Pennsylvania in the lawsuit entitled 7611, Washington, DC United States v. Renaissance Land 20044–7611. states by the U.S. Department of Labor. Associates II, L.P., et al., Civil Action In the case of a state ending an EB No. 18–01205–JD. During the public comment period, period, the State Workforce Agency will The United States filed this lawsuit the Consent Decree may be examined furnish a written notice to each under the Comprehensive and downloaded at this Justice individual who is currently filing claims Environmental Response, Compensation Department website: https:// for EB of the forthcoming termination of and Liability Act (CERCLA). The United www.justice.gov/enrd/consent-decrees. the EB period and its effect on the States’ complaint names two related Alternatively, we will provide a paper individual’s right to EB (20 CFR 615.13 entities, Renaissance Land Associates II, copy of the Consent Decree upon (c)). L.P., and Renaissance Land Associates written request and payment of Persons who believe they may be III, L.P., as defendants. The complaint reproduction costs. Please mail your entitled to EB, or who wish to inquire requests injunctive relief in the form of request and payment to: Consent Decree about their rights under the program, performing certain remedial actions and Library, U.S. DOJ–ENRD, P.O. Box 7611, should contact their State Workforce recovery of response costs incurred by Washington, DC 20044–7611. Agency. the United States in connection with Please enclose a check or money order FOR FURTHER INFORMATION CONTACT: U.S. Operable Units 1 and 2 of the Crater for $194.75 (25 cents per page Department of Labor, Employment and

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13526 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Training Administration, Office of members will discuss with MCC Objections submitted in response to this Unemployment Insurance Room S– leadership the best ways to engage the notice will not be made available to the 4524, Attn: Anatoli Sznoluch, 200 private sector in MCC’s on-going work public for inspection and, to the extent Constitution Avenue NW, Washington, around the world. The Council will also permitted by law, will not be released DC 20210, telephone number (202)– provide advice on ways MCC can under the Freedom of Information Act. 693–3176 (this is not a toll-free number) leverage its compacts through blended ADDRESSES: Objections relating to the or by email: [email protected]. finance approaches, and share their prospective license may be submitted to Signed in Washington, DC. guidance on MCC’s threshold program Patent Counsel, Bryan A. Geurts, in Kosovo. Guest speaker, Erin Walsh, Rosemary Lahasky, Goddard Space Flight Center, 8800 Assistant Secretary of Commerce for Greenbelt Road M/S 140.1, Greenbelt Deputy Assistant Secretary for Employment Global Markets and Director General of and Training, Department of Labor. MD 20771. Phone (301) 286–7351. the U.S. and Foreign Commercial Facsimile (301) 286–9502. [FR Doc. 2018–06243 Filed 3–28–18; 8:45 am] Service will discuss with the Council BILLING CODE 4510–FT–P FOR FURTHER INFORMATION CONTACT: Eric ongoing coordination between MCC and McGill, Innovative Partnerships the U.S. Department of Commerce to Program Office, Goddard Space Flight maximize private sector engagement in MILLENNIUM CHALLENGE Center, 8800 Greenbelt Road M/S 102.0, MCC’s portfolio. Greenbelt, MD 20771. Phone (301) 286– COPORATION Public Participation: The meeting will 8596. [MCC FR 18–07] be open to the public. Members of the public may file written statement(s) SUPPLEMENTARY INFORMATION: This Millennium Challenge Corporation before or after the meeting. If you plan notice of intent to grant an exclusive Advisory Council Notice of Open to attend, please submit your name and patent license is issued in accordance Meeting affiliation no later than Monday, April with 35 U.S.C. 209(e) and 37 CFR 9, to [email protected] to 404.7(a)(1)(i). The patent rights in these AGENCY: Millennium Challenge be placed on an attendee list. inventions have been assigned to the Corporation. United States of America as represented ACTION: Notice. Jeanne M. Hauch, by the Administrator of the National VP/General Counsel and Corporate Secretary, Aeronautics and Space Administration. SUMMARY: The Millennium Challenge Millennium Challenge Corporation. The prospective exclusive license will Corporation Advisory Council will hold [FR Doc. 2018–06275 Filed 3–28–18; 8:45 am] comply with the requirements of 35 its spring meeting on April 17 2018. See BILLING CODE 9211–03–P U.S.C. 209 and 37 CFR 404.7. SUPPLEMENTARY INFORMATION for agenda Information about other NASA and other information. inventions available for licensing can be DATES: The meeting will take place on NATIONAL AERONAUTICS AND found online at http:// April 17, 2018, from 9 a.m. to 2 p.m. SPACE ADMINISTRATION technology.nasa.gov. EST which includes a working lunch. [Notice (18–027)] Mark P. Dvorscak, ADDRESSES: The meeting will be held at Agency Counsel for Intellectual Property. the Millennium Challenge Corporation Notice of Intent To Grant Exclusive [FR Doc. 2018–06310 Filed 3–28–18; 8:45 am] 1099 14th St. NW, Suite 700 Patent License Washington, DC 20005. BILLING CODE 7510–13–P AGENCY: National Aeronautics and FOR FURTHER INFORMATION CONTACT: Beth Space Administration. Roberts at MCCAdvisoryCouncil@ ACTION: Notice of intent to grant an mcc.gov or 202–521–3600 or visit NATIONAL SCIENCE FOUNDATION exclusive patent license. https://www.mcc.gov/about/org-unit/ advisory-council. SUMMARY: NASA hereby gives notice of Sunshine Act Meetings; National Science Board SUPPLEMENTARY INFORMATION: In its intent to grant an exclusive patent accordance with the requirements of the license in the United States to practice The National Science Board’s ad hoc Federal Advisory Committee Act, 5 the invention described and claimed in Committee on Elections, pursuant to U.S.C.—App., the Millennium U.S. Provisional 62/616,479 entitled, ‘‘A NSF regulations (45 CFR part 614), the Challenge Corporation (MCC) Advisory Corrected BMI for Improved Assessment National Science Foundation Act, as Council was established as a of Human Weight-Related Pathology’’ to amended (42 U.S.C. 1862n–5), and the discretionary advisory committee on AQ Digital Health, having its principal Government in the Sunshine Act (5 July 14, 2016, to serve MCC in a solely place of business in Baltimore, MD. U.S.C. 552b), hereby gives notice of the advisory capacity and provide insight DATES: The prospective exclusive scheduling of a teleconference for the regarding innovations in infrastructure, license may be granted unless, no later transaction of National Science Board technology and sustainability; perceived than April 13, 2018, NASA receives business, as follows: risks and opportunities in MCC partner written objections including evidence TIME AND DATE: April 2, 2018 from countries; new financing mechanisms and argument that establish that the 10:00–11:00 a.m. EDT. for developing country contexts; and grant of the license would not be shared value approaches. The Advisory consistent with the requirements PLACE: This meeting will be held by Council provides a platform for regarding the licensing of federally teleconference at the National Science systematic engagement with the private owned inventions as set forth in the Foundation, 2415 Eisenhower Avenue, sector and other external stakeholders Bayh-Dole Act and implementing Alexandria, VA 22314. and contributes to MCC’s mission—to regulations. Competing applications STATUS: Closed. reduce poverty through sustainable, completed and received by NASA no MATTERS TO BE CONSIDERED: Committee economic growth. later than April 13, 2018 will also be Chair’s welcome and remarks; Agenda: During the spring 2018 treated as objections to the grant of the discussion of nominations of potential meeting of the MCC Advisory Council, contemplated exclusive license. re-appointees; discussion on nominee

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13527

list; drafting of election slate(s); and [email protected] at least 24 in the FOR FURTHER INFORMATION closing remarks. hours prior to the teleconference. CONTACT section of this document. • NRC’s Agencywide Documents CONTACT PERSON FOR MORE INFORMATION: Chris Blair, Point of contact for this meeting is: Brad Access and Management System Executive Assistant to the NSB Office. (ADAMS): You may obtain publicly- Gutierrez, [email protected], 703–292– [FR Doc. 2018–06462 Filed 3–27–18; 4:15 pm] 7000. Please refer to the National available documents online in the BILLING CODE 7555–01–P Science Board website www.nsf.gov/nsb ADAMS Public Documents collection at for additional information. You may http://www.nrc.gov/reading-rm/ find meeting information and any adams.html. To begin the search, select NUCLEAR REGULATORY updates (time, place, matters to be ‘‘ADAMS Public Documents’’ and then COMMISSION considered, or status of meeting) at select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, https://www.nsf.gov/nsb/meetings/ [Docket Nos. 52–025 and 52–026; NRC– notices.jsp#sunshine. 2008–0252] please contact the NRC’s Public Document Room (PDR) reference staff at Chris Blair, Southern Nuclear Operating Company, 1–800–397–4209, 301–415–4737, or by Executive Assistant to the NSB Office. Inc.; Vogtle Electric Generating Plant, email to [email protected]. The [FR Doc. 2018–06457 Filed 3–27–18; 11:15 am] Units 3 and 4; Testing Inspections, ADAMS accession number for each BILLING CODE 7555–01–P Tests, Analyses, and Acceptance document referenced (if it is available in Criteria Consolidation ADAMS) is provided the first time that it is mentioned in this document. The NATIONAL SCIENCE FOUNDATION AGENCY: Nuclear Regulatory request for the amendment and Commission. exemption was submitted by letter Sunshine Act Meetings; National ACTION: Exemption and combined dated November 16, 2017 (ADAMS Science Board license amendment; issuance. Accession No. ML17325A562). • NRC’s PDR: You may examine and The National Science Board, pursuant SUMMARY: The U.S. Nuclear Regulatory purchase copies of public documents at to NSF regulations (45 CFR part 614), Commission (NRC) has issued an the NRC’s PDR, Room O1–F21, One the National Science Foundation Act, as exemption to allow a departure from the White Flint North, 11555 Rockville amended (42 U.S.C. 1862n–5), and the certification information of Tier 1 of the Pike, Rockville, Maryland 20852. Government in the Sunshine Act (5 generic design control document (DCD) FOR FURTHER INFORMATION CONTACT: U.S.C. 552b), hereby gives notice of the and has issued License Amendment Chandu Patel, Office of New Reactors, scheduling of a teleconference for the Nos. 113 and 112 to Combined Licenses U.S. Nuclear Regulatory Commission, transaction of National Science Board (COL) Nos. NPF–91 and NPF–92, Washington, DC 20555–0001; telephone: business, as follows: respectively. The COLs were issued to 301–415–3025; email: Chandu.Patel@ TIME AND DATE: Open meeting of the Southern Nuclear Operating Company, nrc.gov. Inc. and Georgia Power Company; Executive Committee of the National SUPPLEMENTARY INFORMATION: Science Board, to be held Monday, Oglethorpe Power Corporation; MEAG April 2, 2018, from 2:30–3:30 p.m. EDT. Power SPVM, LLC; MEAG Power SPVJ, I. Background LLC; MEAG Power SPVP, LLC; and the PLACE: This meeting will be held by City of Dalton, Georgia (the licensee), for The NRC has granted an exemption teleconference at the National Science construction and operation of the Vogtle from paragraph B of section III, ‘‘Scope Foundation, 2415 Eisenhower Ave., Electric Generating Plant (VEGP), Units and Contents,’’ of appendix D, ‘‘Design Alexandria, VA 22314. 3 and 4, located in Burke County, Certification Rule for the AP1000,’’ to part 52 of title 10 of the Code of Federal STATUS: Open. Georgia. The granting of the exemption allows Regulations (10 CFR), and issued MATTERS TO BE CONSIDERED: Committee the changes to Tier 1 information asked License Amendment Nos. 113 and 112 Chair’s Opening Remarks; approval of for in the amendment. Because the to COL Nos. NPF–91 and NPF–92, Executive Committee Minutes of acceptability of the exemption was respectively, to the licensee. The January 29, 2018; approval of Annual determined in part by the acceptability exemption is required by paragraph A.4 Report of the Executive Committee; of the amendment, the exemption and of section VIII, ‘‘Processes for Changes discuss issues and topics for an agenda amendment are being issued and Departures,’’ appendix D, to 10 CFR of the NSB Meeting scheduled for May concurrently. part 52 to allow the licensee to depart 2–3, 2018. from Tier 1 information. With the DATES: The exemption and amendment CONTACT PERSON FOR MORE INFORMATION: requested amendment, the licensee were issued on March 6, 2018. Point of contact for this meeting is: sought proposed changes to COL James Hamos, 2415 Eisenhower Ave., ADDRESSES: Please refer to Docket ID Appendix C and plant-specific design Alexandria, VA 22314. Telephone: (703) NRC–2008–0252 when contacting the control document Tier 1 information to 292–8000. NRC about the availability of simplify and consolidate a number of You may find meeting information information regarding this document. inspections, tests, analyses, and and updates (time, place, subject matter You may obtain publicly-available acceptance criteria (ITAAC) to improve or status of meeting) at http:// information related to this document the efficiency of the ITAAC completion using any of the following methods: and closure process. Part of the www.nsf.gov/nsb/meetings/ • notices.jsp#sunshine. Federal Rulemaking website: Go to justification for granting the exemption http://www.regulations.gov and search was provided by the review of the SUPPLEMENTARY INFORMATION: An audio for Docket ID NRC–2008–0252. Address amendment. Because the exemption is listening line will be available for the questions about NRC dockets to Jennifer necessary in order to issue the requested public. Members of the public must Borges telephone: 301–287–9127; email: license amendment, the NRC granted contact the Board Office to request the [email protected]. For technical the exemption and issued the number by sending an email to questions, contact the individual listed amendment concurrently, rather than in

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13528 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

sequence. This included issuing a F. The exemption will not result in a of a combined package to the licensee combined safety evaluation containing significant decrease in the level of safety (ADAMS Accession No. ML18019A854). the NRC staff’s review of both the otherwise provided by the design. Dated at Rockville, Maryland, this 26th day exemption request and the license 2. Accordingly, the licensee is granted of March 2018. amendment. The exemption met all an exemption from the certified DCD For the Nuclear Regulatory Commission. Tier 1 information, with corresponding applicable regulatory criteria set forth in Jennifer L. Dixon-Herrity, §§ 50.12 and 52.7 of 10 CFR, and section changes to COL Appendix C, as described in the licensee’s request dated Chief, Licensing Branch 4, Division of New VIII.A.4 of appendix D to 10 CFR part Reactor Licensing, Office of New Reactors. 52. The license amendment was found November 16, 2017. This exemption is to be acceptable as well. The combined related to, and necessary for, the [FR Doc. 2018–06386 Filed 3–28–18; 8:45 am] safety evaluation is available in ADAMS granting of License Amendment No. 113 BILLING CODE 7590–01–P under Accession No. ML18019A862. [for Unit 3, 112 for Unit 4], which is Identical exemption documents being issued concurrently with this NUCLEAR REGULATORY (except for referenced unit numbers and exemption. COMMISSION license numbers) were issued to the 3. As explained in Section 5.0 of the licensee for VEGP, Units 3 and 4 (COL NRC staff’s safety evaluation, this [Docket Nos. 52–025 and 52–026; NRC– Nos. NPF–91 and NPF–92). The exemption meets the eligibility criteria 2008–0252] exemption documents for VEGP, Units 3 for categorical exclusion set forth in 10 and 4, can be found in ADAMS under CFR 51.22(c)(9). Therefore, pursuant to Southern Nuclear Operating Company, Accession Nos. ML18019A856 and 10 CFR 51.22(b), no environmental Inc.; Vogtle Electric Generating Plant, ML18019A857, respectively. The impact statement or environmental Units 3 and 4; Reactor Vessel Head exemption is reproduced (with the assessment needs to be prepared in Vent Capacity exception of abbreviated titles and connection with the issuance of the AGENCY: Nuclear Regulatory additional citations) in Section II of this exemption. Commission. 4. This exemption is effective as of the document. The amendment documents ACTION: date of its issuance. Exemption and combined for COL Nos. NPF–91 and NPF–92 are license amendment; issuance. available in ADAMS under Accession III. License Amendment Request Nos. ML18019A858 and ML18019A860, SUMMARY: The U.S. Nuclear Regulatory By letter dated November 16, 2017, respectively. A summary of the Commission (NRC) is granting an the licensee requested that the NRC amendment documents is provided in exemption to allow a departure from amend the COL Nos. NPF–91 and NPF– Section III of this notice. elements of the certification information 92 for VEGP, Units 3 and 4, of Tier 1 of the generic AP1000 design II. Exemption respectively. The proposed amendment control document (DCD) and is issuing is described in Section I of this notice. Reproduced below is the exemption License Amendment Nos. 114 and 113 The Commission has determined that document issued to VEGP, Units 3 and to Combined Licenses (COL), NPF–91 the application for amendment complies Unit 4. It makes reference to the and NPF–92, respectively. The COLs with the standards and requirements of combined safety evaluation that were issued to Southern Nuclear the Atomic Energy Act of 1954, as provides the reasoning for the findings Operating Company, and Georgia Power amended (the Act), and the made by the NRC (and listed under Item Company, Oglethorpe Power Commission’s rules and regulations. 1) in order to grant the exemption: Corporation, MEAG Power SPVM, LLC, The Commission has made appropriate 1. In a letter dated November 16, MEAG Power SPVJ, LLC, MEAG Power findings as required by the Act and the 2017, the licensee requested from the SPVP, LLC, and the City of Dalton, Commission’s rules and regulations in Commission an exemption to allow Georgia (collectively referred to as the 10 CFR chapter I, which are set forth in departures from Tier 1 information in licensee); for construction and operation the certified DCD incorporated by the license amendment. A notice of consideration of issuance of the Vogtle Electric Generating Plant reference in 10 CFR part 52, appendix (VEGP) Units 3 and 4, located in Burke D, as part of license amendment request of amendment to facility operating license or COL, as applicable, proposed County, Georgia. (LAR–17–038) regarding testing The granting of the exemption allows inspections, tests, analyses, and no significant hazards consideration determination, and opportunity for a the changes to Tier 1 information asked acceptance criteria consolidation. for in the amendment. Because the For the reasons set forth in Section 3.1 hearing in connection with these actions, was published in the Federal acceptability of the exemption was of the NRC staff’s safety evaluation determined in part by the acceptability (ADAMS Accession No. ML18019A862), Register on January 2, 2018 (83 FR 170). No comments were received during the of the amendment, the exemption and the Commission finds that: amendment are being issued A. The exemption is authorized by 30-day comment period. concurrently. law. The Commission has determined that B. The exemption presents no undue these amendments satisfy the criteria for The exemption revises the plant- risk to public health and safety. categorical exclusion in accordance specific Tier 1 information and C. The exemption is consistent with with 10 CFR 51.22. Therefore, pursuant corresponding changes to COL the common defense and security. to 10 CFR 51.22(b), no environmental Appendix C, and the amendment D. Special circumstances are present impact statement or environmental changes the associated plant-specific in that the application of the rule in this assessment need be prepared for these DCD Tier 2 material incorporated into circumstance is not necessary to serve amendments. the VEGP Updated Final Safety Analysis the underlying purpose of the rule. Report (UFSAR), to update Reactor E. The special circumstances IV. Conclusion Coolant System (RCS) requirements for outweigh any decrease in safety that Using the reasons set forth in the reactor vessel head vent (RVHV) mass may result from the reduction in combined safety evaluation, the staff flow rate for the VEGP Units 3 and 4. standardization caused by the granted the exemptions and issued these DATES: The exemption and amendment exemption. amendments on March 6, 2018, as part were issued on March 8, 2018.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13529

ADDRESSES: Please refer to Docket ID proposed changes to plant-specific Tier D. special circumstances are present NRC–2008–0252 when contacting the 1 information and corresponding in that the application of the rule in this NRC about the availability of changes to COL Appendix C and circumstance is not necessary to serve information regarding this document. associated plant-specific DCD Tier 2 the underlying purpose of the rule; You may obtain publicly-available material incorporated into the VEGP E. the special circumstances outweigh information related to this document UFSAR, by revising information to any decrease in safety that may result using any of the following methods: address the need to update the RCS from the reduction in standardization • Federal Rulemaking website: Go requirements for RVHV mass flow rate. caused by the exemption; and http://www.regulations.gov and search The exemption met all applicable F. the exemption will not result in a for Docket ID NRC–2008–0252. Address regulatory criteria set forth in 10 CFR significant decrease in the level of safety questions about NRC dockets to Jennifer 50.12, 10 CFR 52.7, and section VIII.A.4 otherwise provided by the design. Borges; 301–287–9127; email: of appendix D to 10 CFR part 52. The 2. Accordingly, the licensee is granted [email protected]. For technical license amendment met all applicable an exemption from the certified AP1000 questions, contact the individual listed regulatory criteria and was found to be DCD Tier 1 information, allowing in the FOR FURTHER INFORMATION acceptable as well. The combined safety changes to the plant-specific DCD Tier CONTACT section of this document. evaluation is available in ADAMS under 1 information with corresponding • NRC’s Agencywide Documents Accession No. ML18045A190. changes to Appendix C of the Facility Access and Management System Identical exemption documents Combined License as described in the (ADAMS): You may obtain publicly- (except for referenced unit numbers and request dated July 28, 2017. This available documents online in the license numbers) were issued to the exemption is related to, and necessary ADAMS Public Documents collection at licensee for VEGP Units 3 and 4 (COLs for, the granting of License Amendment http://www.nrc.gov/reading-rm/ NPF–91 and NPF–92). The exemption No. 114 [for Unit 3, 113 for Unit 4], adams.html. To begin the search, select documents for VEGP Units 3 and 4 can which is being issued concurrently. ‘‘ADAMS Public Documents’’ and then be found in ADAMS under Accession 3. As explained in Section 6.0 of the select ‘‘Begin Web-based ADAMS Nos. ML18045A188 and ML18045A189, NRC staff’s Safety Evaluation (ADAMS Search.’’ For problems with ADAMS, respectively. The exemption is Accession No. ML18045A190), this please contact the NRC’s Public reproduced (with the exception of exemption meets the eligibility criteria Document Room (PDR) reference staff at abbreviated titles and additional for categorical exclusion set forth in 10 800–397–4209, 301–415–4737, or by citations) in Section II of this document. CFR 51.22(c)(9). Therefore, pursuant to email to [email protected]. The The amendment documents for COLs 10 CFR 51.22(b), no environmental ADAMS accession number for each NPF–91 and NPF–92 are available in impact statement or environmental document referenced (if it is available in ADAMS under Accession Nos. assessment needs to be prepared in ADAMS) is provided the first time that ML18045A186 and ML18045A187, connection with the issuance of the it is mentioned in this document. The respectively. A summary of the exemption. 4. This exemption is effective as of the request for the amendment and amendment documents is provided in date of its issuance. exemption was designated License Section III of this document. Amendment Request (LAR) 17–025 and III. License Amendment Request submitted by letter dated July 28, 2017 II. Exemption By letter dated July 28, 2017 (ADAMS (ADAMS Accession No. ML17209A185). Reproduced below is the exemption Accession No. ML17209A185), the • NRC’s PDR: You may examine and document issued to VEGP Units 3 and licensee requested that the NRC amend purchase copies of public documents at Unit 4. It makes reference to the the COLs for VEGP, Units 3 and 4, COLs the NRC’s PDR, Room O1–F21, One combined safety evaluation that NPF–91 and NPF–92. The proposed White Flint North, 11555 Rockville provides the reasoning for the findings amendment is described in Section I of Pike, Rockville, Maryland 20852. made by the NRC (and listed under Item this Federal Register notice. FOR FURTHER INFORMATION CONTACT: 1) in order to grant the exemption: The Commission has determined for William (Billy) Gleaves, Office of New 1. In a letter dated July 28, 2017, these amendments that the application Reactors, U.S. Nuclear Regulatory Southern Nuclear Operating Company complies with the standards and Commission, Washington, DC 20555– requested from the Nuclear Regulatory requirements of the Atomic Energy Act 0001; telephone: 301–415–5848; email: Commission (NRC or Commission) an of 1954, as amended (the Act), and the [email protected]. exemption to allow departures from Tier Commission’s rules and regulations. SUPPLEMENTARY INFORMATION: 1 information in the certified DCD The Commission has made appropriate incorporated by reference in 10 CFR findings as required by the Act and the I. Introduction part 52, appendix D, ‘‘Design Commission’s rules and regulations in The NRC is granting an exemption Certification Rule for the AP1000 10 CFR chapter I, which are set forth in from paragraph B of section III, ‘‘Scope Design,’’ as part of license amendment the license amendment. and Contents,’’ of appendix D, ‘‘Design request (LAR) 17–025, ‘‘Reactor Vessel A notice of consideration of issuance Certification Rule for the AP1000,’’ to Head Vent Capacity.’’ of amendment to facility operating part 52 of title 10 of the Code of Federal For the reasons set forth in Section 3.1 license or COL, as applicable, proposed Regulations (10 CFR), and issuing of the NRC staff’s Safety Evaluation, no significant hazards consideration License Amendment Nos. 114 and 113 which can be found at ADAMS determination, and opportunity for a to COLs, NPF–91 and NPF–92, Accession No. ML18045A190 the hearing in connection with these respectively, to the licensee. The Commission finds that: actions, was published in the Federal exemption is required by paragraph A.4 A. The exemption is authorized by Register on September 12, 2017 (82 FR of section VIII, ‘‘Processes for Changes law; 42844). No comments were received and Departures,’’ appendix D, to 10 CFR B. the exemption presents no undue during the 30-day comment period. part 52 to allow the licensee to depart risk to public health and safety; The Commission has determined that from Tier 1 information. With the C. the exemption is consistent with these amendments satisfy the criteria for requested amendment, the licensee the common defense and security; categorical exclusion in accordance

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13530 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

with 10 CFR 51.22. Therefore, pursuant DATES: The exemption and amendment amendment, the licensee sought to 10 CFR 51.22(b), no environmental were issued on March 6, 2018. proposed changes to Updated Final impact statement or environmental ADDRESSES: Please refer to Docket ID Safety Analysis Report (UFSAR) Tier 2 assessment need be prepared for these NRC–2008–0252 when contacting the information and plant-specific Tier 1 amendments. NRC about the availability of information, with corresponding changes to COL Appendix C. IV. Conclusion information regarding this document. You may obtain publicly-available Specifically, the changes modify UFSAR Using the reasons set forth in the information related to this document Subsection 8.3.2.4 to describe raceway combined safety evaluation, the staff using any of the following methods: and cable routing criteria and hazard granted the exemption and issued the • Federal Rulemaking website: Go to protection, and involves related changes amendment that the licensee requested http://www.regulations.gov and search to plant-specific Tier 1 Table 3.3–6, by letter dated July 28, 2017 (ADAMS for Docket ID NRC–2008–0252. Address inspections, tests, analyses, and Accession No. ML17209A185). questions about NRC dockets to Jennifer acceptance criteria information, with The exemption and amendment were Borges telephone: 301–287–9127; email: corresponding changes to the associated issued to the licensee on March 8, 2018, [email protected]. For technical COL Appendix C information. as part of a combined package (ADAMS questions, contact the individual listed Part of the justification for granting Accession No. ML18045A183). in the FOR FURTHER INFORMATION the exemption was provided by the Dated at Rockville, Maryland, this 23rd day CONTACT section of this document. review of the amendment. Because the of March 2018. • NRC’s Agencywide Documents exemption is necessary in order to issue For the Nuclear Regulatory Commission. Access and Management System the requested license amendment, the Jennifer L. Dixon-Herrity, (ADAMS): You may obtain publicly- NRC granted the exemption and issued Chief, Licensing Branch 4, Division of New available documents online in the the amendment concurrently, rather Reactor Licensing, Office of New Reactors. ADAMS Public Documents collection at than in sequence. This included issuing [FR Doc. 2018–06261 Filed 3–28–18; 8:45 am] http://www.nrc.gov/reading-rm/ a combined safety evaluation containing the NRC staff’s review of both the BILLING CODE 7590–01–P adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then exemption and the license amendment select ‘‘Begin Web-based ADAMS request. The exemption met all NUCLEAR REGULATORY Search.’’ For problems with ADAMS, applicable regulatory criteria set forth in COMMISSION please contact the NRC’s Public §§ 50.12 and 52.7 of 10 CFR, and section Document Room (PDR) reference staff at VIII.A.4 of appendix D to 10 CFR part [Docket Nos. 52–025 and 52–026; NRC– 52. The license amendment was found 2008–0252] 1–800–397–4209, 301–415–4737, or by email to [email protected]. The to be acceptable as well. The combined Southern Nuclear Operating Company, ADAMS accession number for each safety evaluation is available in ADAMS Inc.; Vogtle Electric Generating Plant, document referenced (if it is available in under Accession No. ML18040B086. Identical exemption documents Units 3 and 4; Raceway and Cable ADAMS) is provided the first time that (except for referenced unit numbers and Routing it is mentioned in this document. The license numbers) were issued to the request for the amendment and AGENCY: licensee for VEGP, Units 3 and 4 (COL Nuclear Regulatory exemption was submitted by letter Nos. NPF–91 and NPF–92). The Commission. dated October 6, 2017 (ADAMS exemption documents for VEGP, Units 3 ACTION: Exemption and combined Accession No. ML17279A084). license amendment; issuance. • NRC’s PDR: You may examine and and 4, can be found in ADAMS under Accession Nos. ML18040B077 and SUMMARY: The U.S. Nuclear Regulatory purchase copies of public documents at the NRC’s PDR, Room O1–F21, One ML18040B079, respectively. The Commission (NRC) has issued an exemption is reproduced (with the exemption to allow a departure from the White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. exception of abbreviated titles and certification information of Tier 1 of the additional citations) in Section II of this FOR FURTHER INFORMATION CONTACT: generic design control document (DCD) notice. The amendment documents for and has issued License Amendment Chandu Patel, Office of New Reactors, COL Nos. NPF–91 and NPF–92 are Nos. 112 and 111 to Combined License U.S. Nuclear Regulatory Commission, available in ADAMS under Accession (COL) Nos. NPF–91 and NPF–92, Washington, DC 20555–0001; telephone: Nos. ML18040B080 and ML18040B083, respectively. The COLs were issued to 301–415–3025; email: Chandu.Patel@ respectively. A summary of the Southern Nuclear Operating Company, nrc.gov. amendment documents is provided in Inc. and Georgia Power Company; SUPPLEMENTARY INFORMATION: Section III of this notice. Oglethorpe Power Corporation; MEAG Power SPVM, LLC; MEAG Power SPVJ, I. Introduction II. Exemption LLC; MEAG Power SPVP, LLC; and the The NRC has granted an exemption Reproduced below is the exemption City of Dalton, Georgia (the licensee), for from paragraph B of section III, ‘‘Scope document issued to VEGP, Units 3 and construction and operation of the Vogtle and Contents,’’ of appendix D, ‘‘Design 4. It makes reference to the combined Electric Generating Plant (VEGP), Units Certification Rule for the AP1000,’’ to safety evaluation that provides the 3 and 4, located in Burke County, part 52 of title 10 of the Code of Federal reasoning for the findings made by the Georgia. Regulations (10 CFR), and issued NRC (and listed under Item 1) in order The granting of the exemption allows License Amendment Nos. 112 and 111 to grant the exemption: the changes to Tier 1 information asked to COL Nos. NPF–91 and NPF–92, 1. In a letter dated October 6, 2017, for in the amendment. Because the respectively. The exemption is required Southern Nuclear Operating Company acceptability of the exemption was by paragraph A.4 of section VIII, requested from the Commission an determined in part by the acceptability ‘‘Processes for Changes and exemption to allow departures from Tier of the amendment, the exemption and Departures,’’ appendix D, to 10 CFR part 1 information in the certified DCD amendment are being issued 52 to allow the licensee to depart from incorporated by reference in 10 CFR concurrently. Tier 1 information. With the requested part 52, appendix D, as part of the

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13531

license amendment request (LAR–17– no significant hazards consideration for in the amendment. Because the 036) regarding raceway and cable determination, and opportunity for a acceptability of the exemption was routing. hearing in connection with these determined in part by the acceptability For the reasons set forth in Section 3.1 actions, was published in the Federal of the amendment, the exemption and of the NRC staff’s safety evaluation, the Register on November 21, 2017 (82 FR amendment are being issued Commission finds that: 55411). No comments were received concurrently. A. The exemption is authorized by during the 30-day comment period. DATES: The exemption and amendment law. The Commission has determined that were issued on February 28, 2018. B. The exemption presents no undue these amendments satisfy the criteria for ADDRESSES: Please refer to Docket ID risk to public health and safety. categorical exclusion in accordance NRC–2008–0252 when contacting the C. The exemption is consistent with with 10 CFR 51.22. Therefore, pursuant NRC about the availability of the common defense and security. to 10 CFR 51.22(b), no environmental information regarding this document. D. Special circumstances are present impact statement or environmental You may obtain publicly-available in that the application of the rule in this assessment need be prepared for these information related to this document circumstance is not necessary to serve amendments. using any of the following methods: the underlying purpose of the rule. • E. The special circumstances IV. Conclusion Federal Rulemaking website: Go to outweigh any decrease in safety that Using the reasons set forth in the http://www.regulations.gov and search may result from the reduction in combined safety evaluation, the staff for Docket ID NRC–2008–0252. Address standardization caused by the granted the exemptions and issued these questions about NRC dockets to Jennifer exemption. amendments on March 6, 2018, as part Borges telephone: 301–287–9127; email: F. The exemption will not result in a of a combined package to the licensee [email protected]. For technical significant decrease in the level of safety (ADAMS Accession No. ML18040B074). questions, contact the individual listed in the FOR FURTHER INFORMATION otherwise provided by the design. Dated at Rockville, Maryland, on March 23, 2. Accordingly, the licensee is granted CONTACT section of this document. 2018. • NRC’s Agencywide Documents an exemption from the certified DCD For the Nuclear Regulatory Commission. Access and Management System Tier 1 information, with corresponding Jennifer L. Dixon-Herrity, (ADAMS): You may obtain publicly- changes to COL Appendix C, as Chief, Licensing Branch 4, Division of New available documents online in the described in the request dated October Reactor Licensing, Office of New Reactors. ADAMS Public Documents collection at 6, 2017. This exemption is related to, [FR Doc. 2018–06374 Filed 3–28–18; 8:45 am] http://www.nrc.gov/reading-rm/ and necessary for, the granting of BILLING CODE 7590–01–P adams.html. To begin the search, select License Amendment No. 112 [for Unit 3, ‘‘ADAMS Public Documents’’ and then 111 for Unit 4], which is being issued select ‘‘Begin Web-based ADAMS concurrently with this exemption. NUCLEAR REGULATORY Search.’’ For problems with ADAMS, 3. As explained in Section 5.0 of the COMMISSION please contact the NRC’s Public NRC staff’s safety evaluation (ADAMS Document Room (PDR) reference staff at Accession No. ML18040B086), this [Docket Nos. 52–025 and 52–026; NRC– 1–800–397–4209, 301–415–4737, or by exemption meets the eligibility criteria 2008–0252] email to [email protected]. The for categorical exclusion set forth in 10 Southern Nuclear Operating Company, ADAMS accession number for each CFR 51.22(c)(9). Therefore, pursuant to Inc.; Vogtle Electric Generating Plant, document referenced (if it is available in 10 CFR 51.22(b), no environmental Units 3 and 4; PXS/ADS Line ADAMS) is provided the first time that impact statement or environmental Resistance Changes it is mentioned in this document. The assessment needs to be prepared in request for the amendment and connection with the issuance of the AGENCY: Nuclear Regulatory exemption was submitted by letter exemption. Commission. dated March 31, 2017 (ADAMS 4. This exemption is effective as of the ACTION: Exemption and combined date of its issuance. Accession No. ML17090A209). license amendment; issuance. • NRC’s PDR: You may examine and III. License Amendment Request SUMMARY: The U.S. Nuclear Regulatory purchase copies of public documents at By letter dated October 6, 2017, the Commission (NRC) has issued an the NRC’s PDR, Room O1–F21, One licensee requested that the NRC amend exemption to allow a departure from the White Flint North, 11555 Rockville the COL Nos. NPF–91 and NPF–92 for certification information of Tier 1 of the Pike, Rockville, Maryland 20852. VEGP, Units 3 and 4, respectively. The generic design control document (DCD) FOR FURTHER INFORMATION CONTACT: proposed amendment is described in and has issued License Amendment Chandu Patel, Office of New Reactors, Section I of this notice. Nos. 111 and 110 to Combined License U.S. Nuclear Regulatory Commission, The Commission has determined that (COL) Nos. NPF–91 and NPF–92, Washington, DC 20555–0001; telephone: the application for amendment complies respectively. The COLs were issued to 301–415–3025; email: Chandu.Patel@ with the standards and requirements of Southern Nuclear Operating Company, nrc.gov. the Atomic Energy Act of 1954, as Inc. and Georgia Power Company; SUPPLEMENTARY INFORMATION: amended (the Act), and the Oglethorpe Power Corporation; MEAG Commission’s rules and regulations. Power SPVM, LLC; MEAG Power SPVJ, I. Background The Commission has made appropriate LLC; MEAG Power SPVP, LLC; and the The NRC has granted an exemption findings as required by the Act and the City of Dalton, Georgia (the licensee), for from paragraph B of section III, ‘‘Scope Commission’s rules and regulations in construction and operation of the Vogtle and Contents,’’ of appendix D, ‘‘Design 10 CFR chapter I, which are set forth in Electric Generating Plant (VEGP), Units Certification Rule for the AP1000,’’ to the license amendment. 3 and 4, located in Burke County, part 52 of title 10 of the Code of Federal A notice of consideration of issuance Georgia. Regulations (10 CFR), and issued of amendment to facility operating The granting of the exemption allows License Amendment Nos. 111 and 110 license or COL, as applicable, proposed the changes to Tier 1 information asked to COL Nos. NPF–91 and NPF–92,

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13532 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

respectively, to the licensee. The requested from the Commission an 10 CFR chapter I, which are set forth in exemption is required by paragraph A.4 exemption to allow departures from Tier the license amendment. of section VIII, ‘‘Processes for Changes 1 information in the certified DCD A notice of consideration of issuance and Departures,’’ appendix D, to 10 CFR incorporated by reference in 10 CFR of amendment to facility operating part 52 to allow the licensee to depart part 52, appendix D, as part of the license or COL, as applicable, proposed from Tier 1 information. With the license amendment request (LAR–17– no significant hazards consideration requested amendment, the licensee 009) regarding PXS/ADS line resistance determination, and opportunity for a sought proposed changes to Updated changes.’’ hearing in connection with these Final Safety Analysis Report (UFSAR) For the reasons set forth in Section 3.1 actions, was published in the Federal Tier 2 information and plant-specific of the NRC staff’s safety evaluation, the Register on June 6, 2017 (82 FR 26128). Tier 1 information, with corresponding Commission finds that: No comments were received during the changes to COL Appendix C. A. The exemption is authorized by 30-day comment period. Specifically, the changes relate to the law. The Commission has determined that passive core cooling system (PXS) low B. The exemption presents no undue these amendments satisfy the criteria for pressure injection and fourth-stage risk to public health and safety. categorical exclusion in accordance automatic depressurization system C. The exemption is consistent with with 10 CFR 51.22. Therefore, pursuant (ADS) flow resistances. This includes the common defense and security. to 10 CFR 51.22(b), no environmental proposed changes to inspections, tests, D. Special circumstances are present impact statement or environmental and acceptance criteria and UFSAR in that the application of the rule in this assessment need be prepared for these information in various locations. circumstance is not necessary to serve amendments. Part of the justification for granting the underlying purpose of the rule. the exemption was provided by the IV. Conclusion E. The special circumstances review of the amendment. Because the outweigh any decrease in safety that Using the reasons set forth in the exemption is necessary in order to issue may result from the reduction in combined safety evaluation, the staff the requested license amendment, the standardization caused by the granted the exemptions and issued these NRC granted the exemption and issued exemption. amendments on March 31, 2017, as part the amendment concurrently, rather F. The exemption will not result in a of a combined package to the licensee than in sequence. This included issuing significant decrease in the level of safety (ADAMS Accession No. ML18026A565). a combined safety evaluation containing otherwise provided by the design. Dated at Rockville, Maryland, this 26th day the NRC staff’s review of both the of March 2018. exemption and the license amendment 2. Accordingly, the licensee is granted For the Nuclear Regulatory Commission. request. The exemption met all an exemption from the certified DCD applicable regulatory criteria set forth in Tier 1 information, with corresponding Jennifer L. Dixon-Herrity, §§ 50.12 and 52.7 of 10 CFR, and section changes to COL Appendix C, as Chief, Licensing Branch 4, Division of New VIII.A.4 of appendix D to 10 CFR part described in the request dated March Reactor Licensing, Office of New Reactors. 52. The license amendment was found 31, 2017. This exemption is related to, [FR Doc. 2018–06383 Filed 3–28–18; 8:45 am] to be acceptable as well. The combined and necessary for, the granting of BILLING CODE 7590–01–P safety evaluation is available in ADAMS License Amendment No. 111 [for Unit 3, under Accession No. ML18026A571. 110 for Unit 4], which is being issued Identical exemption documents concurrently with this exemption. POSTAL REGULATORY COMMISSION (except for referenced unit numbers and 3. As explained in Section 5.0 of the [Docket Nos. MC2018–133 and CP2018–189] license numbers) were issued to the NRC staff’s safety evaluation, this exemption meets the eligibility criteria licensee for VEGP, Units 3 and 4 (COL New Postal Products Nos. NPF–91 and NPF–92). The for categorical exclusion set forth in 10 exemption documents for VEGP, Units 3 CFR 51.22(c)(9). Therefore, pursuant to AGENCY: Postal Regulatory Commission. and 4, can be found in ADAMS under 10 CFR 51.22(b), no environmental ACTION: Notice. Accession Nos. ML18026A568 and impact statement or environmental ML18026A567, respectively. The assessment needs to be prepared in SUMMARY: The Commission is noticing a exemption is reproduced (with the connection with the issuance of the recent Postal Service filing for the exception of abbreviated titles and exemption. Commission’s consideration concerning additional citations) in Section II of this 4. This exemption is effective as of the negotiated service agreements. This notice. The amendment documents for date of its issuance. notice informs the public of the filing, invites public comment, and takes other COL Nos. NPF–91 and NPF–92 are III. License Amendment Request available in ADAMS under Accession administrative steps. Nos. ML18026A570 and ML18026A569, By letter dated March 31, 2017, the DATES: Comments are due: March 30, respectively. A summary of the licensee requested that the NRC amend 2018. the COL Nos. NPF–91 and NPF–92 for amendment documents is provided in ADDRESSES: Submit comments Section III of this notice. VEGP, Units 3 and 4. The proposed amendment is described in Section I of electronically via the Commission’s II. Exemption this notice. Filing Online system at http:// www.prc.gov. Those who cannot submit Reproduced below is the exemption The Commission has determined that comments electronically should contact document issued to VEGP, Units 3 and the application for amendment complies the person identified in the FOR FURTHER 4. It makes reference to the combined with the standards and requirements of INFORMATION CONTACT section by safety evaluation that provides the the Atomic Energy Act of 1954, as telephone for advice on filing reasoning for the findings made by the amended (the Act), and the alternatives. NRC (and listed under Item 1) in order Commission’s rules and regulations. to grant the exemption: The Commission has made appropriate FOR FURTHER INFORMATION CONTACT: 1. In a letter dated March 31, 2017, findings as required by the Act and the David A. Trissell, General Counsel, at Southern Nuclear Operating Company Commission’s rules and regulations in 202–789–6820.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13533

SUPPLEMENTARY INFORMATION: Representative: Katalin K. Clendenin; proceeding, pursuant to 39 U.S.C. 505 Comments Due: March 30, 2018. (Public Representative). Section II also Table of Contents This Notice will be published in the establishes comment deadline(s) I. Introduction Federal Register. pertaining to each request. II. Docketed Proceeding(s) The public portions of the Postal Stacy L. Ruble, I. Introduction Service’s request(s) can be accessed via Secretary. the Commission’s website (http:// The Commission gives notice that the [FR Doc. 2018–06247 Filed 3–28–18; 8:45 am] www.prc.gov). Non-public portions of Postal Service filed request(s) for the BILLING CODE 7710–FW–P the Postal Service’s request(s), if any, Commission to consider matters related can be accessed through compliance to negotiated service agreement(s). The with the requirements of 39 CFR request(s) may propose the addition or POSTAL REGULATORY COMMISSION 3007.40. removal of a negotiated service [Docket Nos. MC2018–134 and CP2018–190] The Commission invites comments on agreement from the market dominant or whether the Postal Service’s request(s) the competitive product list, or the New Postal Product in the captioned docket(s) are consistent modification of an existing product with the policies of title 39. For AGENCY: currently appearing on the market Postal Regulatory Commission. request(s) that the Postal Service states dominant or the competitive product ACTION: Notice. concern market dominant product(s), applicable statutory and regulatory list. SUMMARY: The Commission is noticing a requirements include 39 U.S.C. 3622, 39 Section II identifies the docket recent Postal Service filing for the U.S.C. 3642, 39 CFR part 3010, and 39 number(s) associated with each Postal Commission’s consideration concerning Service request, the title of each Postal CFR part 3020, subpart B. For request(s) negotiated service agreements. This that the Postal Service states concern Service request, the request’s acceptance notice informs the public of the filing, date, and the authority cited by the competitive product(s), applicable invites public comment, and takes other statutory and regulatory requirements Postal Service for each request. For each administrative steps. request, the Commission appoints an include 39 U.S.C. 3632, 39 U.S.C. 3633, DATES: Comments are due: April 2, 39 U.S.C. 3642, 39 CFR part 3015, and officer of the Commission to represent 2018. the interests of the general public in the 39 CFR part 3020, subpart B. Comment proceeding, pursuant to 39 U.S.C. 505 ADDRESSES: Submit comments deadline(s) for each request appear in (Public Representative). Section II also electronically via the Commission’s section II. establishes comment deadline(s) Filing Online system at http:// II. Docketed Proceeding(s) pertaining to each request. www.prc.gov. Those who cannot submit comments electronically should contact 1. Docket No(s).: MC2018–134 and The public portions of the Postal CP2018–190; Filing Title: USPS Request Service’s request(s) can be accessed via the person identified in the FOR FURTHER INFORMATION CONTACT section by to Add Priority Mail Contract 426 to the Commission’s website (http:// Competitive Product List and Notice of www.prc.gov). Non-public portions of telephone for advice on filing alternatives. Filing Materials Under Seal; Filing the Postal Service’s request(s), if any, Acceptance Date: March 23, 2018; Filing can be accessed through compliance FOR FURTHER INFORMATION CONTACT: Authority: 39 U.S.C. 3642 and 39 CFR with the requirements of 39 CFR David A. Trissell, General Counsel, at 3020.30 et seq.; Public Representative: 3007.40. 202–789–6820. Katalin K. Clendenin; Comments Due: The Commission invites comments on SUPPLEMENTARY INFORMATION: April 2, 2018. whether the Postal Service’s request(s) This Notice will be published in the Table of Contents in the captioned docket(s) are consistent Federal Register. with the policies of title 39. For I. Introduction Stacy Ruble, request(s) that the Postal Service states II. Docketed Proceeding(s) concern market dominant product(s), Secretary. applicable statutory and regulatory I. Introduction [FR Doc. 2018–06337 Filed 3–28–18; 8:45 am] requirements include 39 U.S.C. 3622, 39 The Commission gives notice that the BILLING CODE 7710–FW–P U.S.C. 3642, 39 CFR part 3010, and 39 Postal Service filed request(s) for the CFR part 3020, subpart B. For request(s) Commission to consider matters related that the Postal Service states concern to negotiated service agreement(s). The POSTAL SERVICE competitive product(s), applicable request(s) may propose the addition or Product Change—Priority Mail statutory and regulatory requirements removal of a negotiated service Negotiated Service Agreement include 39 U.S.C. 3632, 39 U.S.C. 3633, agreement from the market dominant or 39 U.S.C. 3642, 39 CFR part 3015, and the competitive product list, or the AGENCY: Postal ServiceTM. 39 CFR part 3020, subpart B. Comment modification of an existing product ACTION: Notice. deadline(s) for each request appear in currently appearing on the market section II. dominant or the competitive product SUMMARY: The Postal Service gives notice of filing a request with the Postal II. Docketed Proceeding(s) list. Section II identifies the docket Regulatory Commission to add a 1. Docket No(s).: MC2018–133 and number(s) associated with each Postal domestic shipping services contract to CP2018–189; Filing Title: USPS Request Service request, the title of each Postal the list of Negotiated Service to Add First-Class Package Service Service request, the request’s acceptance Agreements in the Mail Classification Contract 92 to Competitive Product List date, and the authority cited by the Schedule’s Competitive Products List. and Notice of Filing Materials Under Postal Service for each request. For each DATES: Date of required notice: March Seal; Filing Acceptance Date: March 22, request, the Commission appoints an 29, 2018. 2018; Filing Authority: 39 U.S.C. 3642 officer of the Commission to represent FOR FURTHER INFORMATION CONTACT: and 39 CFR 3020.30 et seq.; Public the interests of the general public in the Elizabeth Reed, 202–268–3179.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13534 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

SUPPLEMENTARY INFORMATION: The office of the Exchange, and at the satisfied by each individual order United States Postal Service® hereby Commission’s Public Reference Room. resting on the BYX Book.8 gives notice that, pursuant to 39 U.S.C. The Exchange also recently amended II. Self-Regulatory Organization’s 3642 and 3632(b)(3), on March 23, 2018, the operation of Minimum Quantity Statement of the Purpose of, and it filed with the Postal Regulatory Orders to re-price incoming Minimum Statutory Basis for, the Proposed Rule Commission a USPS Request to Add Quantity Orders where that order may Change Priority Mail Contract 426 to cross an order posted on the BYX Book.9 Competitive Product List. Documents In its filing with the Commission, the Specifically, where there is insufficient are available at www.prc.gov, Docket Exchange included statements size to satisfy an incoming order’s Nos. MC2018–134, CP2018–190. concerning the purpose of and basis for minimum quantity condition and that the proposed rule change and discussed incoming order, if posted at its limit Elizabeth Reed, any comments it received on the price, would cross an order(s), whether Attorney, Corporate and Postal Business Law. proposed rule change. The text of these displayed or non-displayed, resting on [FR Doc. 2018–06265 Filed 3–28–18; 8:45 am] statements may be examined at the the BYX Book, the order with the BILLING CODE 7710–12–P places specified in Item IV below. The minimum quantity condition would be Exchange has prepared summaries, set re-priced to and ranked at the locking forth in Sections A, B, and C below, of price. This functionality has not yet SECURITIES AND EXCHANGE the most significant parts of such been implemented 10 and the Exchange COMMISSION statements. now proposes to amend paragraph (c)(5) [Release No. 34–82941; File No. SR– A. Self-Regulatory Organization’s of Rule 11.9 to remove this re-pricing CboeBYX–2018–003] Statement of the Purpose of, and requirement. As a result of the above change, the Statutory Basis for, the Proposed Rule Exchange proposes to amend paragraph Self-Regulatory Organizations; Cboe Change BYX Exchange, Inc.; Notice of Filing (c)(5) of Rule 11.9 to describe when a and Immediate Effectiveness of a 1. Purpose Minimum Quantity Order will not be Proposed Rule Change To Amend The Exchange proposes to amend eligible to trade to prevent executions Paragraph (c)(5) of Exchange Rule 11.9 paragraph (c)(5) of Exchange Rule 11.9 from occurring that may be inconsistent Describing the Operation of Minimum describing the operation of Minimum with intra-market price priority or Quantity Orders Quantity Orders by removing language would result in a non-displayed order that provided for the re-pricing of trading ahead of a same-priced, same- March 23, 2018. 11 incoming Minimum Quantity Orders to side displayed order. The Exchange Pursuant to Section 19(b)(1) of the avoid an internally crossed book. As a would not permit a Minimum Quantity Securities Exchange Act of 1934 (the result of this change, the Exchange Order that crosses other displayed or ‘‘Act’’),1 and Rule 19b–4 thereunder,2 proposes to specify within the rule non-displayed orders on the BYX Book notice is hereby given that on March 16, when a Minimum Quantity Order to trade at prices that are worse than the 2018, Cboe BYX Exchange, Inc. (‘‘BYX’’ would not be eligible to trade to prevent price of such contra-side orders. The or the ‘‘Exchange’’) filed with the executions from occurring that may be Exchange would also not permit a Securities and Exchange Commission inconsistent with intra-market price resting Minimum Quantity Order to (‘‘Commission’’) the proposed rule priority or that would cause a non- trade at a price equal to a contra-side change as described in Items I, II, and displayed order to trade ahead of a displayed order. This proposal is based III below, which Items have been displayed order. on recently adopted NYSE Arca, Inc. 12 prepared by the Exchange. The In sum, a Minimum Quantity Order is (‘‘NYSE Arca’’) Rule 7.31–E(i)(3)(C). Exchange has designated this proposal a non-displayed order that enables a as a ‘‘non-controversial’’ proposed rule User 6 to specify a minimum share 8 See Securities Exchange Act Release No. 81806 (October 3, 2017), 82 FR 47047 (October 10, 2017) change pursuant to Section 19(b)(3)(A) amount at which the order will of the Act 3 (SR–BatsBYX–2017–24). This functionality is and Rule 19b–4(f)(6)(iii) 7 pending deployment and the implementation date 4 execute. A Minimum Quantity Order thereunder, which renders it effective will not execute unless the volume of will be announced via a trading notice. upon filing with the Commission. The 9 Id. contra-side liquidity available to 10 Commission is publishing this notice to execute against the order meets or See supra note 8. Exchange Rule 11.9(c)(5) does solicit comments on the proposed rule not require re-pricing where the Minimum Quantity exceeds the designated minimum size. Order is resting on the BYX Book. As such, an change from interested persons. By default, a Minimum Quantity Order internally crossed book may occur where the will execute upon entry against a single incoming order is of insufficient size to satisfy the I. Self-Regulatory Organization’s resting order’s minimum quantity condition and Statement of the Terms of Substance of order or multiple aggregated orders that incoming order, if posted at its limit price, the Proposed Rule Change simultaneously. The Exchange recently would cross that order with a minimum quantity condition resting on the BYX Book. The Exchange filed a proposal to amended the operation of Minimum Quantity Orders to permit a User to 11 Exchange Rule 11.12(a) states that orders on the amend paragraph (c)(5) of Exchange BYX Book are ranked and maintained by the Rule 11.9 describing the operation of alternatively specify the order not Exchange according to price-time priority. Minimum Quantity Orders.5 execute against multiple aggregated Exchange Rule 11.12(a) further prohibits a non- The text of the proposed rule change orders simultaneously and that the displayed order from trading ahead of a same-side, minimum quantity condition be same-priced displayed order. This proposed rule is available at the Exchange’s website at change adds language to Exchange Rule 11.9(c)(5) www.markets.cboe.com, at the principal to clarify this priority scheme during an internally 6 The term ‘‘User’’ is defined as ‘‘any Member or crossed market. Sponsored Participant who is authorized to obtain 12 1 15 U.S.C. 78s(b)(1). See Securities Exchange Act Release No. 82504 access to the System pursuant to Rule 11.3.’’ See (January 16, 2018), 83 FR 3038 (January 22, 2018) 2 17 CFR 240.19b–4. Exchange Rule 1.5(cc). (SR–NYSEArca–2018–01) (Notice of Filing and 3 15 U.S.C. 78s(b)(3)(A). 7 The Exchange will only honor a specified Immediate Effectiveness of Proposed Rule Change 4 17 CFR 240.19b–4(f)(6)(iii). minimum quantity on BYX Only Orders that are To Amend Rule 7.31–E Relating to Mid-Point 5 See Exchange Rule 11.9(c)(5) for a complete non-displayed or Immediate-Or-Cancel and will Liquidity Orders and the Minimum Trade Size description of the operation of Minimum Quantity disregard a minimum quantity on any other order. Modifier and Rule 7.36–E To Add a Definition of Orders. See Exchange Rule 11.9(c)(5). ‘‘Aggressing Order’’).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13535

Paragraph (c)(5) of Rule 11.9 would orders, Minimum Quantity Orders and (Order B). Order B does not execute state that a Minimum Quantity Order to other non-displayed orders. The against Order A because Order B does buy (sell) that is ranked in the BYX Exchange notes that the below behavior not satisfy Order A’s single minimum Book will not be eligible to trade: (i) At is not unique to an internally crossed quantity condition of 500 shares. As a a price equal to or above (below) any market as the Exchange’s priority rule, result, Order B is posted to the BYX sell (buy) orders that are displayed and 11.12(a), currently prohibits non- Book at $10.10, creating an internally that have a ranked price equal to or displayed orders, including Minimum locked book. An order to sell 500 shares below (above) the price of such Quantity Orders, from trading ahead of at $10.10 is then entered and executes Minimum Quantity Order; or (ii) at a same-priced, same-side displayed against Order A at $10.10 for 500 shares price above (below) any sell (buy) order orders. Assume the NBBO is $10.00 by because the incoming order is of that is non-displayed and has a ranked $10.04. A non-displayed order to buy sufficient size to satisfy Order A’s price below (above) the price of such 500 shares at $10.00 is resting on the minimum quantity condition of 500 Minimum Quantity Order.13 However, a BYX Book (‘‘Order A’’). A displayed shares. This clarification is also based Minimum Quantity Order that crosses order to buy 100 shares at $10.00 is then on recently adopted NYSE Arca Rule an order on BYX Book may execute at entered and posted to the BYX Book 7.31–E(i)(3)(E)(ii).17 a price less aggressive than its ranked (‘‘Order B’’). The Exchange receives a Lastly, the Exchange proposes to price against an incoming order so long non-displayed order to sell 600 shares at clarify that an incoming Minimum as such execution is consistent with the $10.00 with a minimum quantity Quantity Order would be canceled above restrictions. condition to execute against a single where, if posted, it would cross the The following examples describe the order of 500 shares (‘‘Order C’’). displayed price of an order on the BYX proposed operation of a Minimum Although Order A satisfies Order C’s Book.18 Conversely, an incoming Quantity Order during an internally minimum quantity condition and has Minimum Quantity Order would be crossed market. This first example time priority ahead of Order B, no posted to the BYX Book where it would addresses intra-market priority amongst execution occurs because Order B is a not cross the displayed price of a resting a Minimum Quantity Order and other displayed order and has execution contra-side order. For example, an order non-displayed orders in an internally priority over Order A, a non-displayed to buy at $11.00 with a minimum crossed market as well as when an order. Order C does not execute against quantity condition of 500 shares is execution may occur at prices less Order B because Order B does not entered (Order A) and there is a aggressive than the resting order’s satisfy Order C’s minimum quantity displayed order resting on the BYX ranked price. Assume the NBBO is condition. Order C is then posted to the Book to sell 200 shares at $10.99 (Order $10.10 by $10.16. A non-displayed BYX Book at $10.00, non-displayed. B). Oder A would be cancelled because order to sell 50 shares at $10.12 is The Exchange also proposes two it crosses the displayed price of Order resting on the BYX Book (‘‘Order A’’). A clarifying changes to paragraph (c)(5) of B and Order B does not contain non-displayed order to sell 25 shares at Exchange Rule 11.9. The rule currently sufficient size to satisfy Order A’s $10.11 is also resting on the BYX Book states that a Minimum Quantity Order minimum quantity condition of 500 (‘‘Order B’’). The Exchange receives a cedes execution priority when it would shares. However, should Order A be Mid-Point Peg 14 order to buy at $10.14 lock an order against which it would priced at $10.99, it would not be with a minimum quantity condition to otherwise execute if it were not for the cancelled and would be posted to the execute against a single order of 100 minimum execution size restriction.16 BYX Book, resulting in an internally shares (‘‘Order C’’). Because Order C’s The Exchange now proposes to add locked market. Order A would not be minimum quantity condition cannot be additional language to the rule to clarify executable at that price because it is met, Order C will not trade with Orders when a resting non-displayed order may priced equal to a contra-side displayed A or B and will be posted and ranked cede execution priority to a subsequent order. An internally crossed market may on the BYX Book at $10.13, the arriving same-side order. As amended, subsequently occur should an order to midpoint of the NBBO. The Exchange paragraph (h) of Rule 11.6 would state sell priced more aggressively than Order now has a non-displayed order crossing that if a resting non-displayed sell (buy) A be entered but not be of sufficient size both non-displayed orders on the BYX order did not meet the minimum to satisfy Order A’s minimum quantity Book. If the Exchange then receives a quantity condition of a same-priced condition of 500 shares (e.g., an order to non-displayed order to sell for 100 resting Minimum Quantity Order to buy sell 100 shares at $10.98) and posted to shares at $10.11 (‘‘Order D’’),15 although (sell), a subsequently arriving sell (buy) the BYX Book. Order D would be marketable against order that meets the minimum quantity 2. Statutory Basis Order C at $10.13, it would not trade at condition will trade ahead of such $10.13 because it is above the price of resting non-displayed sell (buy) order at The Exchange believes that its all resting sell orders. Order D will that price. For example, assume the proposal is consistent with Section 6(b) instead execute against Order C at NBBO is $10.00 by $10.10 and no orders of the Act 19 in general, and furthers the $10.11, receiving price improvement are resting on the BYX Book. A non- objectives of Section 6(b)(5) of the Act 20 relative to the midpoint of the NBBO. displayed order to buy 700 shares at in particular, in that it is designed to This second example addresses intra- $10.10 with a minimum quantity promote just and equitable principles of market priority amongst displayed condition to execute against a single trade, to foster cooperation and order of 500 shares is resting on the coordination with persons engaged in 13 A Minimum Quantity Order to buy (sell) may BYX Book (Order A). A non-displayed facilitating transactions in securities, to execute at a price above (below) any sell (buy) order order to sell 100 shares at $10.10 is then remove impediments to and perfect the that is Non-Displayed and has a ranked price below (above) the price of such Minimum Quantity Order entered and posted to the BYX Book if that Non-Displayed order itself included a 17 Supra note 12. 18 minimum quantity condition that prevented it from 16 The Exchange proposes to amend this A Minimum Quantity Order will be repriced in executing. See infra note 16. provision to clarify that a Minimum Quantity Order accordance with Exchange Rule 11.9(g)(4) where it 14 See Exchange Rule 11.9(c)(9). would cede execution priority when it would also would cross a protected quote displayed on an 15 On NYSE Arca, Order D will be posted to the cross an order against which it would otherwise away market center. NYSE Arca book at $10.11 and not execute against execute if it were not for the minimum execution 19 15 U.S.C. 78f(b). Order C at $10.13. See supra note 12. size restriction. 20 15 U.S.C. 78f(b)(5).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13536 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

mechanism of a free and open market B. Self-Regulatory Organization’s arguments concerning the foregoing, and a national market system and, in Statement on Burden on Competition including whether the proposed rule general, to protect investors and the The Exchange does not believe that change is consistent with the Act. public interest. The proposed rule the proposed rule change will result in Comments may be submitted by any of change removes impediments to and any burden on competition that is not the following methods: perfects the mechanism of a free and necessary or appropriate in furtherance Electronic Comments open market and a national market of the purposes of the Act, as amended. system because it would ensure that On the contrary, the proposed rule • Use the Commission’s internet Minimum Quantity Orders do not trade change is not designed to address any comment form (http://www.sec.gov/ through displayed orders or violate competitive issues because it is rules/sro.shtml); or intra-market price priority. Specifically, intended to provide clarity regarding the • Send an email to rule-comments@ the proposed rule change would protect operation of Minimum Quantity Orders sec.gov. Please include File Number SR– displayed orders by preventing a and when such orders are eligible to CboeBYX–2018–003 on the subject line. Minimum Quantity Order from trade and not trade through displayed executing where it is locked by a contra- orders or violate intra-market price Paper Comments priority. side Displayed order. The proposed rule • change protects intra-market price C. Self-Regulatory Organization’s Send paper comments in triplicate priority by preventing a resting Statement on Comments on the to Secretary, Securities and Exchange Minimum Quantity Order from Proposed Rule Change Received From Commission, 100 F Street NE, executing where it is crossed by either Members, Participants, or Others Washington, DC 20549–1090. a displayed or non-displayed order on No comments were solicited or All submissions should refer to File the BYX Book. The proposed received on the proposed rule change. Number SR–CboeBYX–2018–003. This clarifications remove impediments to file number should be included on the III. Date of Effectiveness of the and perfect the mechanism of a free and Proposed Rule Change and Timing for subject line if email is used. To help the open market and a national market Commission Action Commission process and review your system because they provide additional comments more efficiently, please use specificity regarding the operation of a Because the foregoing proposed rule only one method. The Commission will Minimum Quantity Order, thereby change does not: (A) Significantly affect post all comments on the Commission’s the protection of investors or the public avoiding potential investor confusion. internet website (http://www.sec.gov/ interest; (B) impose any significant In particular, the Exchange believes it is burden on competition; and (C) by its rules/sro.shtml). Copies of the reasonable for a resting non-displayed terms, become operative for 30 days submission, all subsequent order to cede execution priority to a from the date on which it was filed or amendments, all written statements subsequent arriving same-side order such shorter time as the Commission with respect to the proposed rule where that order is of sufficient size to may designate it has become effective change that are filed with the satisfy a resting contra-side order’s pursuant to Section 19(b)(3)(A) of the Commission, and all written minimum quantity condition because Act 22 and paragraph (f)(6) of Rule 19b– communications relating to the doing so facilitates executions in 4 thereunder,23 the Exchange has proposed rule change between the accordance with the terms and designated this rule filing as non- Commission and any person, other than conditions of each order. The proposed controversial. The Exchange has given those that may be withheld from the rule change is also substantially similar the Commission written notice of its public in accordance with the to a proposed rule change recently intent to file the proposed rule change, provisions of 5 U.S.C. 552, will be submitted by NYSE Arca for immediate along with a brief description and text available for website viewing and effectiveness and published by the of the proposed rule change at least five printing in the Commission’s Public Commission.21 The only differences business days prior to the date of filing Reference Room, 100 F Street NE, between the proposed rule change and of the proposed rule change, or such Washington, DC 20549 on official that of NYSE Arca is that: (i) NYSE Arca shorter time as designated by the business days between the hours of does not cancel a minimum quantity Commission. 10:00 a.m. and 3:00 p.m. Copies of the order that would cross a displayed order At any time within 60 days of the filing also will be available for filing of the proposed rule change, the on the NYSE Arca book; and (ii) NYSE inspection and copying at the principal Commission summarily may Arca will not execute resting orders at office of the Exchange. All comments temporarily suspend such rule change if prices less aggressive than their limit received will be posted without change. it appears to the Commission that such prices in crossed markets. The Exchange action is: (1) Necessary or appropriate in Persons submitting comments are believes that these differences are the public interest; (2) for the protection cautioned that we do not redact or edit immaterial because they are designed to of investors; or (3) otherwise in personal identifying information from reduce the occurrences of internally furtherance of the purposes of the Act. comment submissions. You should crossed markets and facilitate If the Commission takes such action, the submit only information that you wish executions that may not otherwise Commission shall institute proceedings to make available publicly. All occur. These differences will also to determine whether the proposed rule submissions should refer to File continue to ensure that executions occur should be approved or disapproved. Number SR–CboeBYX–2018–003, and in accordance with intra-market price should be submitted on or before April IV. Solicitation of Comments priority on the Exchange while 19, 2018. accounting for the differences in Interested persons are invited to functionality and order types. submit written data, views, and

22 15 U.S.C. 78s(b)(3)(A). 21 See supra notes 12 and 15. 23 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13537

For the Commission, by the Division of institutes proceedings under Section exchange listed bitcoin futures Trading and Markets, pursuant to delegated 19(b)(2)(B) of the Act 7 to determine contracts, if available (together with 24 authority. whether to approve or disapprove the Benchmark Futures Contracts, Brent J. Fields, proposed rule change. collectively, ‘‘Bitcoin Futures Secretary. 12 I. Summary of the Proposal 8 and Contracts’’). [FR Doc. 2018–06299 Filed 3–28–18; 8:45 am] Comments Received In addition, the Exchange states that BILLING CODE 8011–01–P The Exchange proposes to list and the ProShares Short Bitcoin ETF’s trade the Shares under NYSE Arca Rule investment objective will be to seek SECURITIES AND EXCHANGE 8.200–E, Commentary .02, which results, for a single day, that correspond COMMISSION governs the listing and trading of Trust (before fees and expenses) to the inverse Issued Receipts on the Exchange.9 Each of the daily performance of the [Release No. 34–82939; File No. SR– Benchmark Futures Contract. This Fund NYSEArca–2017–139] Fund will be a series of the Trust, and the Trust and the Funds will be generally intends to invest substantially Self-Regulatory Organizations; NYSE managed and controlled by ProShare all of its assets through short positions Arca, Inc.; Order Instituting Capital Management LLC (‘‘Sponsor’’). in Benchmark Futures Contracts, but Proceedings To Determine Whether To Brown Brothers Harriman & Co. will be may invest through short positions in 13 Approve or Disapprove a Proposed the custodian and administrator for the Bitcoin Futures Contracts, if available. Rule Change To List and Trade the Trust. SEI Investments Distribution Co. Further, the Exchange states that, in Shares of the ProShares Bitcoin ETF will serve as the distributor of the the event position, price, or and the ProShares Short Bitcoin ETF Shares (‘‘Distributor’’). The Trust will accountability limits are reached with Under NYSE Arca Rule 8.200–E, offer Shares of the Funds for sale respect to Bitcoin Futures Contracts, Commentary .02 through the Distributor in ‘‘Creation each Fund may invest in listed options Units.’’ 10 on Bitcoin Futures Contracts (should March 23, 2018. According to the Exchange, the such listed options become available) On December 4, 2017, NYSE Arca, ProShares Bitcoin ETF’s investment and OTC swap agreements referencing Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed objective will be to seek results (before Bitcoin Futures Contracts (collectively, with the Securities and Exchange fees and expenses) that, both for a single ‘‘Financial Instruments’’).14 Commission (‘‘Commission’’), pursuant day and over time, correspond to the to Section 19(b)(1) of the Securities performance of lead month bitcoin The Commission has received one Exchange Act of 1934 (‘‘Act’’) 1 and Rule futures contracts 11 listed and traded on comment letter, which expresses 19b–4 thereunder,2 a proposed rule either the Cboe Futures Exchange concerns about the proposed rule change to list and trade the shares (‘‘CFE’’) or the Chicago Mercantile change.15 The commenter refers to the (‘‘Shares’’) of the ProShares Bitcoin ETF Exchange (‘‘CME’’) (‘‘Benchmark proposal as a ‘‘house of cards’’ and and the ProShares Short Bitcoin ETF Futures Contract’’). This Fund generally expresses concern that the Funds’ (each a ‘‘Fund’’ and, collectively, intends to invest substantially all of its attempt to replicate the bitcoin futures ‘‘Funds’’) issued by the ProShares Trust assets in the Benchmark Futures markets, which are related to underlying II (‘‘Trust’’) under NYSE Arca Rule Contracts, but may invest in other U.S. cryptocurrencies that trade on 8.200–E, Commentary .02. The proposed unregulated exchanges, will lead to rule change was published for comment 7 15 U.S.C. 78s(b)(2)(B). losses for retail investors, and that the in the Federal Register on December 26, 8 The Commission notes that additional inclusion of an inverse Fund will add to 2017.3 information regarding the Trust, the Shares, and the the risk.16 The Commission has received one Funds, including investment strategies, calculation of net asset value (‘‘NAV’’) and indicative fund II. Proceedings To Determine Whether comment letter on the proposed rule value, creation and redemption procedures, and change.4 On January 30, 2018, pursuant additional background information about bitcoins, to Approve or Disapprove SR– to Section 19(b)(2) of the Act,5 the the bitcoin network, and bitcoin futures contracts, NYSEArca–2017–139 and Grounds for among other things, can be found in the Notice (see Disapproval Under Consideration Commission designated a longer period supra note 3) and the registration statement filed within which to approve the proposed with the Commission on Form S–1 (File No. 333– The Commission is instituting rule change, disapprove the proposed 220680) under the Securities Act of 1933 (‘‘Registration Statement’’), as applicable. proceedings pursuant to Section rule change, or institute proceedings to 17 9 See NYSE Arca Rule 8.200–E, Commentary .02. 19(b)(2)(B) of the Act to determine determine whether to disapprove the NYSE Arca Rule 8.200–E permits the listing and whether the proposed rule change 6 proposed rule change. This order trading of ‘‘Trust Issued Receipts,’’ defined as a should be approved or disapproved. security (1) that is used by the trust which holds Institution of such proceedings is 24 specific securities deposited with the trust; (2) that, 17 CFR 200.30–3(a)(12). appropriate at this time in view of the 1 15 U.S.C.78s(b)(1). when aggregated in some specified minimum 2 number, may be surrendered to the trust by the legal and policy issues raised by the 17 CFR 240.19b–4. beneficial owner to receive the securities; and (3) 3 proposed rule change. Institution of See Securities Exchange Act Release No. 82350 that pay beneficial owners dividends and other (Dec. 19, 2017), 82 FR 61100 (Dec. 26, 2017) distributions on the deposited securities, if any are proceedings does not indicate that the (‘‘Notice’’). declared and paid to the trustee by an issuer of the Commission has reached any 4 See Letter from Abe Kohen, AK Financial deposited securities. Commentary .02 applies to conclusions with respect to any of the Engineering Consultants, LLC (Dec. 27, 2017) Trust Issued Receipts that invest in any issues involved. Rather, as described (‘‘Kohen Letter’’). All comments on the proposed combination of investments, including cash; rule change are available on the Commission’s securities; options on securities and indices; futures below, the Commission seeks and website at: https://www.sec.gov/comments/sr- contracts; options on futures contracts; forward encourages interested persons to nysearca-2017-139/nysearca2017139.htm. contracts; equity caps, collars, and floors; and swap 5 15 U.S.C. 78s(b)(2). agreements. 12 See Notice, supra note 3, at 61101. 6 See Securities Exchange Act Release No. 82602 10 See Notice, supra note 3, at 61101. 13 See id. (Jan. 30, 2018), 83 FR 4941 (Feb. 2, 2018). The 11 According to the Exchange, lead month futures 14 Commission designated March 26, 2018, as the date contracts are the monthly contracts with the earliest See id. at 61102. by which it should approve, disapprove, or institute expiration date. See Notice, supra note 3, at 61101, 15 See supra note 4 and accompanying text. proceedings to determine whether to disapprove the n.6. See also Notice and Registration Statement, 16 See Kohen Letter, supra note 4. proposed rule change. supra notes 3 and 8. 17 15 U.S.C. 78s(b)(2)(B).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13538 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

provide comments on the proposed rule particular, the Commission seeks 6. What are commenters’ views on the change. comment on the following: price differentials and trading volumes Pursuant to Section 19(b)(2)(B) of the 1. What are commenters’ views on across bitcoin trading platforms Act,18 the Commission is providing whether the Exchange has sufficiently (including during periods of market described how the Sponsor will select notice of the grounds for disapproval stress) and on the extent to which these the applicable Benchmark Futures under consideration. The Commission is differing prices may affect the trading of Contracts, given that the contracts instituting proceedings to allow for the Bitcoin Futures Contracts and, trading on these two bitcoin futures accordingly, trading in the Shares of the additional analysis of the proposed rule exchanges have different terms Funds? change’s consistency with Section (including different reference prices) 7. What are commenters’ views on 6(b)(5) of the Act, which requires, and trade at different prices? how the substantial margin among other things, that the rules of a 2. In its proposal, the Exchange states requirements for Bitcoin Futures national securities exchange be that each Fund may, in the event that Contracts, and the nature of liquidity ‘‘designed to prevent fraudulent and position, price, or accountability limits and volatility in the market for Bitcoin manipulative acts and practices, to are reached with respect to Bitcoin Futures Contracts, might affect the promote just and equitable principles of Futures Contracts—or if the market for Trust’s ability to meet redemption trade,’’ and ‘‘to protect investors and the a specific Bitcoin Futures Contract orders? What are commenters’ views on public interest.’’ 19 experiences an emergency or whether and how the margin III. Procedure: Request for Written disruption—also invest in Financial requirements for Bitcoin Futures Comments Instruments, which include listed Contracts, and the nature of liquidity options on Bitcoin Futures Contracts and volatility in the market for Bitcoin The Commission requests that (should such listed options become Futures Contracts, might affect a Fund’s interested persons provide written available) and OTC swap agreements use of available cash to achieve its submissions of their views, data, and referencing Bitcoin Futures Contracts. investment strategy? arguments with respect to the issues What are commenters’ views on the 8. What are commenters’ views on the identified above, as well as any other current availability of Financial possibility that the Funds—along with concerns they may have with the Instruments for trading? What are other exchange-traded products with proposal. In particular, the Commission commenters’ views on the ability of the similar investment objectives—could invites the written views of interested Funds to invest in Financial acquire a substantial portion of the persons concerning whether the Instruments in the event that position, market for Bitcoin Futures Contracts or proposal is consistent with Section price, or accountability limits are the Financial Instruments? What are 6(b)(5) or any other provision of the Act, reached with respect to Bitcoin Futures commenters’ views on whether such a or the rules and regulations thereunder. Contracts? What are commenters’ views concentration of holdings could affect Although there do not appear to be any on the ability of the Funds to invest in the Funds’ portfolio management, the issues relevant to approval or Financial Instruments if the market for liquidity of the Funds’ respective disapproval that would be facilitated by a specific Bitcoin Futures Contract portfolios, or the pricing of the Bitcoin an oral presentation of views, data, and experiences emergencies or disruptions? Futures Contracts or the Financial 3. What are commenters’ views on arguments, the Commission will Instruments? whether the Funds would have the 9. What are commenters’ views on consider, pursuant to Rule 19b–4, any information necessary to adequately possible factors that might impair the request for an opportunity to make an value, including fair value, the Bitcoin ability of the arbitrage mechanism to oral presentation.20 Futures Contracts and related Financial keep the trading price of the Shares tied Interested persons are invited to Instruments when determining an to the NAV of each Fund? With respect submit written data, views, and appropriate end-of-day NAV for the to the market for Bitcoin Futures arguments regarding whether the Funds, taking into account any Contracts, what are commenters’ views proposal should be approved or volatility, fragmentation, or general lack on the potential impact on the arbitrage disapproved by April 19, 2018. Any of regulation of the underlying bitcoin mechanism of the price volatility and person who wishes to file a rebuttal to markets? the potential for trading halts? What are any other person’s submission must file 4. What are commenters’ views on the commenters’ views on whether or how that rebuttal by May 3, 2018. The potential impact of manipulation in the these potential impairments of the Commission asks that commenters underlying bitcoin markets on the arbitrage mechanism may affect the address the sufficiency of the Funds’ NAV? What are commenters Funds’ ability to ensure adequate Exchange’s statements in support of the views on the potential effect of such participation by Authorized proposal, which are set forth in the manipulation on the valuation of a Participants? What are commenters’ Notice,21 in addition to any other Fund’s Bitcoin Futures Contracts, which views on the potential effects on comments they may wish to submit is determined using the last traded price investors if the arbitrage mechanism is about the proposed rule change. In on the primary listing futures exchange impaired? (as opposed to the settlement price, 10. What are commenters’ views on 18 Id. closing price, midpoint, or volume the risks of price manipulation and 19 15 U.S.C. 78f(b)(5). weighted average price)? What are fraud in the underlying bitcoin trading 20 Section 19(b)(2) of the Act, as amended by the commenters’ views on the potential platforms and how these risks might Securities Act Amendments of 1975, Pub. L. 94–29 effect of such manipulation on the affect the Bitcoin Futures Contracts (June 4, 1975), grants the Commission flexibility to determine what type of proceeding—either oral or pricing of a Fund’s Financial market or the Financial Instruments? notice and opportunity for written comments—is Instruments? What are commenters’ views on how appropriate for consideration of a particular 5. What are commenters’ views on these risks might affect trading in the proposal by a self-regulatory organization. See how the Funds’ valuation policies Shares of the Funds? Securities Act Amendments of 1975, Senate Comm. on Banking, Housing & Urban Affairs, S. Rep. No. would address the potential for the 11. What are commenters’ views on 75, 94th Cong., 1st Sess. 30 (1975). bitcoin blockchain to diverge into how an investor may evaluate the price 21 See supra note 3. different paths (i.e., a ‘‘fork’’)? of the Shares in light of the risk of

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13539

potential price manipulation and fraud 19, 2018. Rebuttal comments should be to the CQ Plan (‘‘Amendments’’). The in the underlying bitcoin trading submitted by May 3, 2018. Amendments seek to amend the text of platforms and in light of the potentially For the Commission, by the Division of the Plans’ fee schedule to adopt changes significant spread between the price of Trading and Markets, pursuant to delegated to the Broker-Dealer Enterprise the Bitcoin Futures Contracts and the authority.22 Maximum Monthly Charge (‘‘Enterprise spot price of bitcoin? Brent J. Fields, Cap’’) and Per-Quote-Packet Charges. 12. What are commenters’ views on Secretary. The Participants are proposing to whether the two bitcoin futures [FR Doc. 2018–06297 Filed 3–28–18; 8:45 am] increase the Enterprise Cap from exchanges represent a significant BILLING CODE 8011–01–P $686,400 to $1,260,000 for Network A market, i.e., a market of significant size? and from $520,000 to $680,000 for Comments may be submitted by any Network B. The Participants state that of the following methods: SECURITIES AND EXCHANGE the Enterprise Cap was established to COMMISSION provide incentives to entities to make Electronic Comments market data available to large • [Release No. 34–82937; File No. SR–CTA/ Use the Commission’s internet CQ–2018–01] Nonprofessional Subscriber bases. Due comment form (http://www.sec.gov/ to what they describe as ongoing rules/sro.shtml); or Consolidated Tape Association; Notice industry consolidation, however, the • Send an email to rule-comments@ of Filing and Immediate Effectiveness Participants are proposing to increase sec.gov. Please include File Number SR– of the Twenty-Third Charges the Enterprise Cap in order to account NYSEArca–2017–139 on the subject Amendment to the Second for the sudden and substantial increase line. Restatement of the CTA Plan and the of Nonprofessional Subscribers at Fourteenth Charges Amendment to the entities using the Enterprise Cap. Paper Comments Restated CQ Plan To make the increase of the Enterprise • Send paper comments in triplicate Cap revenue neutral (from an overall March 23, 2018. to Secretary, Securities and Exchange Plan perspective) and fee neutral (from Pursuant to Section 11A of the Commission, 100 F Street NE, an individual entity 6 perspective), the Securities Exchange Act of 1934 Participants are proposing to decrease Washington, DC 20549–1090. 1 2 (‘‘Act’’), and Rule 608 thereunder, the Per-Quote-Packet Charges for those All submissions should refer to File notice is hereby given that on March 5, broker-dealers with 500,000 or more Number SR–NYSEArca-2017–139. This 3 2018, the Consolidated Tape Nonprofessional Subscribers. According file number should be included on the Association (‘‘CTA’’) Plan participants to the Participants, the increase in fees subject line if email is used. To help the 4 (‘‘Participants’’) filed with the as a result of the increase of the Commission process and review your Securities and Exchange Commission Enterprise Cap will be offset by a comments more efficiently, please use (‘‘Commission’’) a proposal to amend decrease in Per-Quote-Packet Charges only one method. The Commission will the Second Restatement of the CTA Plan for those entities that would be most post all comments on the Commission’s and the Restated Consolidated likely affected by the raising of the cap, internet website (http://www.sec.gov/ 5 Quotation (‘‘CQ’’) Plan (‘‘Plans’’). The i.e., those with a large Nonprofessional rules/sro.shtml). Copies of the amendment represents the twenty-third Subscriber base. submission, all subsequent Charges Amendment to the CTA Plan amendments, all written statements and the fourteenth Charges Amendment Pursuant to Rule 608(b)(3) under with respect to the proposed rule Regulation NMS,7 the Participants change that are filed with the 22 17 CFR 200.30–3(a)(57). designate the amendment as Commission, and all written 1 15 U.S.C. 78k–1. establishing or changing a fee or other communications relating to the 2 17 CFR 242.608. charge collected on their behalf in proposed rule change between the 3 See Letter from Emily Kasparov to Brent J. connection with access to, or use of, the Commission and any person, other than Fields, Secretary, Securities and Exchange facilities contemplated by the Plans. As Commission, dated March 1, 2018. a result, the amendment is effective those that may be withheld from the 4 The Participants are: Cboe BYX Exchange, Inc.; public in accordance with the Cboe BZX Exchange, Inc.; Cboe EDGA Exchange, upon filing with the Commission. provisions of 5 U.S.C. 552, will be Inc.; Cboe EDGX Exchange, Inc.; Cboe Exchange, The Commission is publishing this available for website viewing and Inc.; Chicago Stock Exchange, Inc.; Financial notice to solicit comments from Industry Regulatory Authority, Inc.; Investors printing in the Commission’s Public Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; interested persons on the proposed Reference Room, 100 F Street NE, Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; Amendments. Set forth in Sections I and Washington, DC 20549 on official New York Stock Exchange LLC; NYSE Arca, Inc.; II is the statement of the purpose and business days between the hours of NYSE American LLC; and NYSE National, Inc. summary of the Amendments, along (collectively, the ‘‘Participants’’). 10:00 a.m. and 3:00 p.m. Copies of the 5 See Securities Exchange Act Release Nos. 10787 with the information required by Rules filing also will be available for (May 10, 1974), 39 FR 17799 (May 20, 1974) 608(a) and 601(a) under the Act, inspection and copying at the principal (declaring the CTA Plan effective); 15009 (July 28, prepared and submitted by the office of the Exchange. All comments 1978), 43 FR 34851 (August 7, 1978) (temporarily Participants to the Commission. authorizing the CQ Plan); and 16518 (January 22, received will be posted without change. 1980), 45 FR 6521 (January 28, 1980) (permanently Persons submitting comments are authorizing the CQ Plan). The most recent 6 As described below, the Plan does not require cautioned that we do not redact or edit restatement of both Plans was in 1995. The CTA an entity that is registered as a broker-dealer under personal identifying information from Plan, pursuant to which markets collect and the Act to pay more than the Enterprise Cap for any disseminate last sale price information for non- month for the aggregate amount of (a) a network’s comment submissions. You should NASDAQ listed securities, is a ‘‘transaction Device charges for devices used for its Internal submit only information that you wish reporting plan’’ under Rule 601 under the Act, 17 Distribution plus (b) that network’s Device and Per- to make available publicly. All CFR 242.601, and a ‘‘national market system plan’’ Quote-Packet charges payable in respect of services submissions should refer to File under Rule 608 under the Act, 17 CFR 242.608. The that it provides to Nonprofessional Subscribers that CQ Plan, pursuant to which markets collect and are brokerage account customers of the broker- Number SR–NYSEArca-2017–139 and disseminate bid/ask quotation information for listed dealer. should be submitted on or before April securities, is a national market system plan. 7 17 CFR 242.608(b)(3)(i).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13540 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

I. Rule 608(a) at $0.005 per query.11 In 2014, the structure for Per-Quote-Packet Charges, Participants increased the fee to $0.0075 the proposal is designed to provide an A. Purpose of the Amendments per query to offset the revenue loss offset to those firms most likely affected 1. Background resulting from decreases in the by the Enterprise Cap increase (i.e., 12 Broker-Dealer Enterprise Maximum Professional Subscriber device fee. those with a large Nonprofessional Subscriber base). Monthly Charge 2. Amendment to Enterprise Cap Additionally, the proposal will align The Plans require an entity that is The Participants are proposing to Network A and Network B with a registered as a broker-dealer under the increase the Enterprise Cap from similar tiered structure being proposed Act to pay no more than the Enterprise $686,400 to $1,260,000 for Network A for Network C. Cap for any month for the aggregate and from $520,000 to $680,000 for B. Governing or Constituent Documents amount of (a) a network’s Device Network B. As a result of industry charges for devices used for its Internal consolidation, the Nonprofessional Not applicable. Distribution plus (b) that network’s Subscriber base for entities subject to C. Implementation of the Amendments Device and Per-Quote-Packet charges the cap may suddenly increase, and payable in respect of services that it where before two entities may have Pursuant to Rule 608(b)(3)(i) under provides to Nonprofessional Subscribers slightly benefited from the Enterprise Regulation NMS, the Participants have that are brokerage account customers of Cap, a combined entity could find a designated the proposed amendment as the broker-dealer. In 2013, the substantial decrease in fees by using the establishing or changing fees and are Participants set the amount of the Enterprise Cap. Consequently, the submitting the amendment for Enterprise Cap to $686,400 for Network increase of the Enterprise Cap is immediate effectiveness. A and $520,000 for Network B.8 designed to maintain the status quo and D. Development and Implementation In the 2013 Filing, the Participants should not, in conjunction with the Per- Phases Quote-Packet Charges change described changed the mechanism for increasing See Item C above. the Enterprise Cap. The Enterprise Cap below, result in an increase of revenue was previously increased based on the to the Plans or fees for any particular E. Analysis of Impact on Competition 13 percentage increase in the annual entity. The proposed amendments do not Additionally, the Participants are composite share volume for the impose any burden on competition that proposing to remove a provision related preceding calendar year, subject to an is not necessary or appropriate in to an annual increase of the Enterprise annual maximum increase of five furtherance of the purposes of the Act. Cap after a two-thirds vote of the percent. In 2013, the Participants The proposed increase in the Enterprise Participants. In the 2013 Filing, the permitted such annual increases in the Cap is designed to account for industry Participants amended the mechanism by monthly Enterprise Cap as to which consolidation. they agreed by a majority vote, subject which the Enterprise Cap would Without this adjustment, the Plans’ to a maximum increase in any calendar increase, from an automatic increase revenue will suddenly decrease due to year of four percent. At that time, the based on volume to an affirmative vote a broker-dealer increasing its Participants believed that this provision requirement by the Participants. Nonprofessional Subscriber base Since 2013, the Enterprise Cap has permitted an annual increase by a two- through a merger with another broker- not been increased using this thirds vote of the Participants without dealer. As detailed further below, while mechanism, and the Participants believe requiring a corresponding rule filing the Enterprise Cap is being increased, that any future changes to the Enterprise with the Securities and Exchange the Plans’ revenue and fees collected Cap should be submitted via a filing Commission. Nevertheless, the from affected entities will be maintained with the Securities and Exchange Participants have not increased the at their current levels. Any potential fee Commission and subject to public Enterprise Cap since this change was increase for broker-dealers taking comment. Consequently, the adopted in 2013.9 advantage of the Enterprise Cap will be This filing proposes Participants are proposing to delete this offset by a decrease in the Per-Quote- to remove that provision. particular provision. Packet Charges for broker-dealers with Per Quote Packet Charges 3. Per-Quote-Packet Charges Change to large Nonprofessional Subscriber bases. As an alternative to monthly Remain Revenue Neutral The combination of the Enterprise Cap Professional Subscriber and Because of the increase in the increase and the Per-Quote-Packet Nonprofessional Subscriber fees, a Enterprise Cap, there could be broker- Charges decrease will ensure that the fee vendor may respond to end-user queries dealers looking to use the Enterprise changes proposed herein remain for quote and trade information and pay Cap that, without a corresponding revenue neutral. The Participants therefore believe that a fee for each such response. The offset, could face an increase in fees. To the proposed fee changes are carefully Participants first established the Per- offset a potential fee increase, the calibrated to maintain the status quo Quote-Packet Charges in 1991 as a pilot Participants are proposing a decrease in 10 and, as a result, do not impose any at $0.005 per query. In 1999, a pilot the Per-Quote-Packet Charges where a burden on competition that is not implementing a three-tiered rate broker-dealer has 500,000 or more necessary or appropriate. structure was introduced, which was Nonprofessional Subscribers. For such eventually replaced with a one-tier rate entities, the Per-Quote-Packet Charges F. Written Understanding or Agreements would be decreased from $.0075 to relating To Interpretation of, or 8 See Securities Exchange Act Release No. 70010 (Jul. 19, 2013), 78 FR 44984 (Jul. 25, 2013) (‘‘2013 $.0025. By implementing a tiered Participation in, Plan Filing’’). Not applicable. 9 As described below, the Participants believe that 11 See Securities Exchange Act Release No. 41977 this provision should be deleted and that any (Oct. 5, 1999), 64 FR 55503 (Oct. 13, 1999). G. Approval by Sponsors in Accordance changes to the Enterprise Cap should be submitted 12 See Securities Exchange Act Release No. 73278 With Plan to the Commission for review and public comment. (Oct. 1, 2014), 79 FR 60536 (Oct. 7, 2014). 10 See Securities Exchange Act Release No. 39235 13 The Participants note that a very small number Section XII (b)(iii) of the CTA Plan (Oct. 14, 1997), 62 FR 54886 (Oct. 22, 1997). of entities take advantage of the Enterprise Cap. provides that ‘‘[a]ny addition of any

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13541

charge to . . . the charges set forth in Committee, and were discussed and necessary or appropriate as asserted by Exhibit E . . . shall be effected by an voted on during the General Session of the Participants; and (6) whether the amendment to this CTA Plan . . . that the Operating Committee in the impact of potential industry is approved by affirmative vote of not presence of the Advisory Committee. consolidation on the revenue of the less than two-thirds of all of the then K. Method and Frequency of Processor Plans is consistent with the voting members of CTA. Any such Evaluation representations of the Participants? amendment shall be executed on behalf Interested persons are invited to submit of each Participant that appointed a Not applicable. written data, views, and arguments voting member of CTA who approves L. Dispute Resolution concerning the foregoing, including such amendment and shall be filed with whether the proposed Amendments are Not applicable. the SEC.’’ Further, Section IX(b)(iii) of consistent with the Act. Comments may the CQ Plan provides that ‘‘additions, II. Rule 601(a) be submitted by any of the following deletions, or modifications to any methods: charges under this CQ Plan shall be A. Equity Securities for which effected by an amendment . . . that is Transaction Reports Shall be Required Electronic Comments approved by affirmative vote of two- by the Plan • Use the Commission’s internet thirds of all the members of the Not applicable. Operating Committee.’’ comment form (http://www.sec.gov/ The Participants have executed this B. Reporting Requirements rules/sro.shtml); or Amendment and represent not less than Not applicable. • Send an email to rule-comments@ two-thirds of all of the parties to the sec.gov. Please include File Number SR– C. Manner of Collecting, Processing, Plans. That satisfies the Plans’ CTA/CQ–2018–01 on the subject line. Participant-approval requirements. Sequencing, Making Available and Disseminating Last Sale Information Paper Comments H. Description of Operation of Facility Not applicable. Contemplated by the Proposed • Send paper comments in triplicate Amendments D. Manner of Consolidation to Brent J. Fields, Secretary, Securities Not applicable. Not applicable. and Exchange Commission, 100 F Street NE, Washington, DC 20549–1090. I. Terms and Conditions of Access E. Standards and Methods Ensuring All submissions should refer to File Not applicable. Promptness, Accuracy and Completeness of Transaction Reports Number SR–CTA/CQ–2018–01. This file J. Method of Determination and number should be included on the Imposition, and Amount of, Fees and Not applicable. subject line if email is used. To help the Charges F. Rules and Procedures Addressed to Commission process and review your The Participants are proposing to Fraudulent or Manipulative comments more efficiently, please use increase the Enterprise Cap by an Dissemination only one method. The Commission will amount to ensure that industry Not applicable. post all comments on the Commission’s consolidation would not result in a internet website (http://www.sec.gov/ sudden decrease in Plan revenue, G. Terms of Access to Transaction rules/sro.shtml). Copies of the thereby avoiding any single entity from Reports submission, all subsequent getting a disproportionate benefit from Not applicable. amendments, all written statements the Enterprise Cap. The Participants with respect to the Amendments that H. Identification of Marketplace of propose to decrease the Per-Quote- are filed with the Commission, and all Execution Packet Charges for broker-dealers with a written communications relating to the large Nonprofessional Subscriber base. Not applicable. Amendments between the Commission The amount of the proposed decrease is III. Solicitation of Comments and any person, other than those that specifically tailored to ensure that the may be withheld from the public in increase in fees as a result of raising the The Commission seeks comment on accordance with the provisions of 5 Enterprise Cap would be offset and that the Amendments. In particular, the U.S.C. 552, will be available for website the proposed amendment would remain Commission seeks comment on the viewing and printing in the revenue neutral. following: (1) Is the anticipated impact Commission’s Public Reference Room Because the Participants have data on revenue to the Plans consistent with on official business days between the showing the current benefit of the the Participants’ representations; (2) is hours of 10:00 a.m. and 3:00 p.m. Enterprise Cap and the number of the anticipated impact on costs to Copies of the Amendments also will be consumers of market data, including queries of those potentially affected by available for inspection and copying at broker-dealers and their non- the change in the Enterprise Cap, the the principal office of the CTA. Participants were able to calibrate the professional customers, consistent with Per-Quote-Packet Charges in order to the Participants’ representations; (3) is All comments received will be posted make the changes proposed herein there supporting data to illustrate that without change. Persons submitting revenue neutral. As previously stated, the proposed changes are ‘‘revenue comments are cautioned that we do not the proposed change will not only neutral’’ as asserted by the Participants; redact or edit personal identifying maintain the status quo on an overall (4) could the fee changes have a information from comment submissions. Plan revenue basis, but also maintain disproportionate impact on particular You should submit only information the status quo with respect to the fees data recipients; (5) what, if any, that you wish to make available charged to individual entities. supporting data could inform whether publicly. All submissions should refer The proposed fee changes were the changes would maintain the status to File Number SR–CTA/CQ–2018–01 distributed to and discussed with quo and therefore do not impose any and should be submitted on or before members of the Plans’ Advisory burden on competition that is not April 19, 2018.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13542 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

By the Commission. the Nonprofessional Subscriber Act to pay no more than the Enterprise Brent J. Fields, Enterprise Cap and Per Query Fees. Cap for any month for each entitlement Secretary. The Participants are proposing to system offering UTP Level 1 Service to [FR Doc. 2018–06266 Filed 3–28–18; 8:45 am] increase the Nonprofessional Subscriber Nonprofessional Subscribers. The Enterprise Cap (‘‘Enterprise Cap’’) from BILLING CODE 8011–01–P Enterprise Cap equals the aggregate $648,000 to $1,260,000. The amount of fees payable for distribution Participants state that the Enterprise of UTP Level 1 Service to SECURITIES AND EXCHANGE Cap was established to provide Nonprofessional Subscribers that are COMMISSION incentives to entities to make market brokerage account customers of the data available to large Nonprofessional broker-dealer. The Participants adopted [Release No. 34–82938; File No. S7–24–89] Subscriber bases. Due to what they the Enterprise Cap in 2010 and set it at describe as ongoing industry $600,000 per month. In 2014, the Joint Industry Plan; Notice of Filing consolidation, however, the Participants Participants increased the amount of the and Immediate Effectiveness of the are proposing to increase the Enterprise Enterprise Cap to $624,000.8 Forty-Second Amendment to the Joint Cap in order to account for the sudden In the 2014 Filing, the Participants Self-Regulatory Organization Plan and substantial increase of changed the mechanism for increasing Governing the Collection, Nonprofessional Subscribers at entities the Enterprise Cap. The Enterprise Cap Consolidation and Dissemination of using the Enterprise Cap. was previously increased based on the Quotation and Transaction Information To make the increase of the Enterprise percentage increase in the annual for Nasdaq-Listed Securities Traded on Cap revenue neutral (from an overall composite share volume for the Exchanges on an Unlisted Trading Plan perspective) and fee neutral (from preceding calendar year, subject to an 6 Privileges Basis an individual entity perspective), the annual maximum increase of five Participants are proposing to decrease percent. In 2014, the Participants March 23, 2018. the Per Query Fees for those broker- Pursuant to Section 11A of the permitted such annual increases in the dealers with 500,000 or more monthly Enterprise Cap as to which Securities Exchange Act of 1934 Nonprofessional Subscribers. According (‘‘Act’’),1 and Rule 608 thereunder,2 they agreed by a majority vote, subject to the Participants, the increase in fees to a maximum increase in any calendar notice is hereby given that on March 5, as a result of the increase of the 3 year of four percent. At that time, the 2018, the Participants in the Joint Self- Enterprise Cap will be offset by a Regulatory Organization Plan Governing Participants believed that this provision decrease in Per Query Fees for those permitted an annual increase by a two- the Collection, Consolidation and entities that would most likely be Dissemination of Quotation and thirds vote of the Participants without affected by the raising of the cap, i.e., requiring a corresponding rule filing Transaction Information for Nasdaq- those with a large Nonprofessional with the Securities and Exchange Listed Securities Traded on Exchanges Subscriber base. Commission. Nevertheless, the on an Unlisted Trading Privileges Basis Pursuant to Rule 608(b)(3)(i) under (‘‘NASDAQ/UTP Plan’’ or ‘‘Plan’’) filed Regulation NMS,7 the Participants Participants have not increased the with the Securities and Exchange Enterprise Cap since this change was designate the Amendment as 9 Commission (‘‘Commission’’) a proposal establishing or changing a fee or other adopted in 2014. This filing proposes to amend the NASDAQ/UTP Plan.4 The charge collected on behalf of the to remove that provision. amendment is the 42nd amendment to Participants in connection with access Per Query Fee the NASDAQ/UTP Plan to, or use of, any facility contemplated As an alternative to monthly (‘‘Amendment’’).5 The Amendment by the Nasdaq/UTP Plan. As a result, Professional Subscriber and proposes to amend the text of the fee the Amendment is effective upon filing Nonprofessional Subscriber fees, a schedule of the Plan to adopt changes to with the Commission. The Commission is publishing this vendor may respond to end-user queries for quote and trade information and pay 1 15 U.S.C. 78k–1. notice to solicit comments from a fee for each such response. The 2 17 CFR 242.608. interested persons on the Amendment. 3 The Participants are: Cboe BYX Exchange, Inc.; Set forth in Sections I and II is the Participants first established Per Query Cboe BZX Exchange, Inc.; Cboe EDGA Exchange, statement of the purpose and summary Fees in 1992 as a pilot at $0.015 per 10 Inc.; Cboe EDGX Exchange, Inc.; Cboe Exchange, of the Amendment, along with the query. In 1995, it was noted that the Inc.; Chicago Stock Exchange, Inc.; Financial UTP Per Query Fees were three times Industry Regulatory Authority, Inc.; Investors information required by Rules 608(a) Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; and 601(a) under the Act, prepared and that of the Network A and Network B Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; submitted by the Participants to the counterparts. Subsequently, the UTP Per New York Stock Exchange LLC; NYSE Arca, Inc.; Commission. Query Fees was [sic] made a permanent NYSE American LLC; and NYSE National, Inc. part of the fee schedule and was (collectively, the ‘‘Participants’’). I. Rule 608(a) 4 The Plan governs the collection, processing, and lowered to $0.01 per query to be more dissemination on a consolidated basis of quotation A. Purpose of the Amendment in line with Networks A and B. In April information and transaction reports in Eligible 1999, a pilot at a reduced rate of $.005 Securities for its Participants. This consolidated 1. Background per query was filed and in April 2001, information informs investors of the current quotation and recent trade prices of Nasdaq Nonprofessional Subscriber Enterprise it was approved as the permanent fee securities. It enables investors to ascertain from one Cap data source the current prices in all the markets 8 See Securities Exchange Act Release No. 70953 trading Nasdaq securities. The Plan serves as the The Plan requires an entity that is (Nov. 27, 2013), 78 FR 72932 (Dec. 4, 2013) required transaction reporting plan for its registered as a broker-dealer under the (effective Jan. 1, 2014) (‘‘2014 Filing’’). Participants, which is a prerequisite for their 9 As described below, the Participants believe that trading Eligible Securities. See Securities Exchange 6 As described below, the Plan does not require this provision should be deleted and that any Act Release No. 55647 (April 19, 2007), 72 FR an entity that is registered as a broker-dealer under changes to the Enterprise Cap should be submitted 20891 (April 26, 2007). the Act to pay more than the Enterprise Cap for any to the Commission for review and public comment. 5 See Letter from Emily Kasparov to Brent J. month for each entitlement system offering UTP 10 See Securities Exchange Act Release No. 73279 Fields, Secretary, Commission, dated March 1, Level 1 Service to Nonprofessional Subscribers. (Oct. 1, 2014), 79 FR 60522 (Oct. 7, 2014) 2018. 7 17 CFR 242.608(b)(3)(i). (describing the history of the Per Query Fees).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13543

structure. In 2014, the Participants Enterprise Cap increase (i.e., those with H. Description of Operation of Facility increased the fee to $0.0075 per query a large Nonprofessional Subscriber Contemplated by the Proposed to offset the revenue loss resulting from base). Amendment decreases in the Professional Subscriber Additionally, the proposal will align Not applicable. device fee. Network C with a similar tiered 2. Amendment to Enterprise Cap structure being proposed for Network A I. Terms and Conditions of Access and Network B. The Participants are proposing to Not applicable. increase the Enterprise Cap from B. Governing or Constituent Documents J. Method of Determination and $624,000 to $1,260,000. As a result of Imposition, and Amount of, Fees and industry consolidation, the Not applicable. Charges Nonprofessional Subscriber base for C. Implementation of the Amendment entities subject to the cap may suddenly The Participants are proposing to increase, and where before two entities Pursuant to Rule 608(b)(3)(i) under increase the Enterprise Cap by an may have slightly benefited from the Regulation NMS, the Participants have amount to ensure that industry Enterprise Cap, a combined entity could designated the proposed amendment as consolidation would not result in a find a substantial decrease in fees by establishing or changing fees and are sudden decrease in Plan revenue, using the Enterprise Cap. Consequently, submitting the amendment for thereby avoiding any single entity from the increase of the Enterprise Cap is immediate effectiveness. getting a disproportionate benefit from designed to maintain the status quo and D. Development and Implementation the Enterprise Cap. The Participants should not, in conjunction with the Per Phases propose to decrease the Per Query fee Query fee change described below, for Nonprofessional Subscribers for result in an increase of revenue to the See Item I.C. above. broker- dealers with a large 11 Plan or fees for any particular entity. E. Analysis of Impact on Competition Nonprofessional Subscriber base. The Additionally, the Participants are amount of the proposed decrease is proposing to remove a provision related The proposed amendments do not specifically tailored to ensure that the to an annual increase of the Enterprise impose any burden on competition that increase in fees as a result of raising the Cap after a two-thirds vote of the is not necessary or appropriate in Enterprise Cap would be offset and that Participants. In the 2014 Filing, the furtherance of the purposes of the the proposed amendment would remain Participants amended the mechanism by Securities Exchange Act of 1934. The revenue neutral. which the Enterprise Cap would proposed increase in the Enterprise Cap Because the Participants have data increase, from an automatic increase is designed to account for industry showing the current benefit of the based on volume to an affirmative vote consolidation. Without this adjustment, Enterprise Cap and the number of requirement by the Participants. Since the Plan’s revenue will suddenly queries of those potentially affected by 2014, the Enterprise Cap has not been decrease due to a broker-dealer the change in the Enterprise Cap, the increased using this mechanism, and increasing its Nonprofessional Participants were able to calibrate the the Participants believe that any future Subscriber base through a merger with Per Query fee in order to make the changes to the Enterprise Cap should be another broker-dealer. As detailed changes proposed herein revenue submitted via a filing with the further below, while the Enterprise Cap neutral. As previously stated, the Securities and Exchange Commission is being increased, the Plan’s revenue proposed change will not only maintain and subject to public comment. and fees collected from entities will be the status quo on an overall Plan Consequently, the Participants are maintained at their current levels. The revenue basis, but also maintain the proposing to delete this particular potential fee increase for broker-dealers status quo with respect to the fees provision. taking advantage of the Enterprise Cap charged to individual entities. will be offset by a decrease in the Per 3. Per Query Fee Change to Remain The proposed fee changes were Query fee for broker-dealers with large Revenue Neutral distributed to and discussed with Nonprofessional Subscriber bases. This members of the Plan’s Advisory Because of the increase in the offset will ensure that the fee changes Committee, and were discussed and Enterprise Cap, there is a small subset proposed herein remain revenue voted on during the General Session of of broker-dealers that use the Enterprise neutral. Cap that, without a corresponding the Operating Committee in the The Participants therefore believe that offset, could face an increase in fees. To presence of the Advisory Committee. the proposed fee changes are carefully offset this potential fee increase, the calibrated to maintain the status quo K. Method and Frequency of Processor Participants are proposing a decrease in and, as a result, do not impose any Evaluation the Per Query fee for Nonprofessional burden on competition that is not Subscribers where a broker-dealer has Not applicable. necessary or appropriate. 500,000 or more Nonprofessional L. Dispute Resolution Subscribers. For such entities, the Per F. Written Understanding or Agreements Query fee for Non-Professional Relating to Interpretation of, or Not applicable. Subscribers would be decreased from articipation in, Plan II. Rule 601(a) $.0075 to $.0025; the Per Query fee for Professional Subscribers would remain Not applicable. A. Equity Securities for Which at the $.0075 rate. By implementing a G. Approval by Sponsors in Accordance Transaction Reports Shall be Required tiered structure for Per Query fees, the With Plan by the Plan proposal is designed to provide an offset to those firms most likely affected by the In accordance with Section IV(C)(2) of Not applicable. the Plan, more than two-thirds of the B. Reporting Requirements 11 The Participants note that a very small number Participants have approved the fee of entities take advantage of the Enterprise Cap. change proposed herein. Not applicable.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13544 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

C. Manner of Collecting, Processing, Paper Comments ‘‘Act’’),1 and Rule 19b–4 thereunder,2 Sequencing, Making Available and notice is hereby given that on March 16, • Send paper comments in triplicate Disseminating Last Sale Information 2018, Cboe EDGA Exchange, Inc. (the to Brent J. Fields, Secretary, Securities ‘‘Exchange’’ or ‘‘EDGA’’) filed with the Not applicable. and Exchange Commission, 100 F Street Securities and Exchange Commission NE, Washington, DC 20549–1090. D. Manner of Consolidation (‘‘Commission’’) the proposed rule Not applicable. All submissions should refer to File change as described in Items I, II, and Number File No. S7–24–89. This file III below, which Items have been E. Standards and Methods Ensuring number should be included on the prepared by the Exchange. The Promptness, Accuracy and subject line if email is used. To help the Exchange has designated this proposal Completeness of Transaction Reports Commission process and review your as a ‘‘non-controversial’’ proposed rule Not applicable. comments more efficiently, please use change pursuant to Section 19(b)(3)(A) only one method. The Commission will of the Act 3 and Rule 19b–4(f)(6)(iii) F. Rules and Procedures Addressed to post all comments on the Commission’s thereunder,4 which renders it effective Fraudulent or Manipulative website (http://www.sec.gov/rules/ upon filing with the Commission. The Dissemination sro.shtml). Copies of the submission, all Commission is publishing this notice to Not applicable. written statements with respect to the solicit comments on the proposed rule proposed Amendment that are filed change from interested persons. G. Terms of Access to Transaction with the Commission, and all written Reports communications relating to the I. Self-Regulatory Organization’s Not applicable. proposed Amendment between the Statement of the Terms of Substance of the Proposed Rule Change H. Identification of Marketplace of Commission and any person, other than Execution those that may be withheld from the The Exchange filed a proposal to public in accordance with the amend paragraph (h) of Exchange Rule Not applicable. provisions of 5 U.S.C. 552, will be 11.6 describing the operation of orders III. Solicitation of Comments available for website viewing and with a Minimum Execution Quantity 5 printing in the Commission’s Public instruction. The Commission seeks comment on Reference Room on official business The text of the proposed rule change the Amendments. In particular, the days between the hours of 10:00 a.m. is available at the Exchange’s website at Commission seeks comment on the and 3:00 p.m. Copies of the Amendment www.markets.cboe.com, at the principal following: (1) Is the anticipated impact also will be available for website office of the Exchange, and at the on revenue to the Plans consistent with viewing and printing at the principal Commission’s Public Reference Room. the Participants’ representations; (2) is office of the Plan. All comments the anticipated impact on costs to received will be posted without change. II. Self-Regulatory Organization’s consumers of market data, including Persons submitting comments are Statement of the Purpose of, and broker-dealers and their non- cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule professional customers, consistent with personal identifying information from Change the Participants’ representations; (3) is comment submissions. You should In its filing with the Commission, the there supporting data to illustrate that submit only information that you wish Exchange included statements the proposed changes are ‘‘revenue to make available publicly. All concerning the purpose of and basis for neutral’’ as asserted by the Participants; submissions should refer to File the proposed rule change and discussed (4) could the fee changes have a Number S7–24–89 and should be any comments it received on the disproportionate impact on particular submitted on or before April 19, 2018. proposed rule change. The text of these data recipients; (5) what, if any, By the Commission. statements may be examined at the supporting data could inform whether places specified in Item IV below. The Brent J. Fields, the changes would maintain the status Exchange has prepared summaries, set quo and therefore do not impose any Secretary. forth in Sections A, B, and C below, of burden on competition that is not [FR Doc. 2018–06267 Filed 3–28–18; 8:45 am] the most significant parts of such necessary or appropriate as asserted by BILLING CODE 8011–01–P statements. the Participants; and (6) whether the impact of potential industry A. Self-Regulatory Organization’s consolidation on the revenue of the SECURITIES AND EXCHANGE Statement of the Purpose of, and Plans is consistent with the COMMISSION Statutory Basis for, the Proposed Rule representations of the Participants? Change Interested persons are invited to submit [Release No. 34–82944; File No. SR– 1. Purpose written data, views, and arguments CboeEDGA–2018–005] concerning the foregoing, including The Exchange proposes to amend whether the proposed Amendment is Self-Regulatory Organizations; paragraph (h) of Exchange Rule 11.6 consistent with the Act. Comments may CboeEDGA Exchange, Inc.; Notice of describing the operation of orders with be submitted by any of the following Filing and Immediate Effectiveness of a Minimum Execution Quantity methods: a Proposed Rule Change To Amend instruction by removing language that Paragraph (h) of Exchange Rule 11.6 provided for the re-pricing of incoming Electronic Comments Describing the Operation of Orders • Use the Commission’s internet With a Minimum Execution Quantity 1 15 U.S.C. 78s(b)(1). comment form (http://www.sec.gov/ Instruction 2 17 CFR 240.19b–4. 3 rules/sro.shtml); or 15 U.S.C. 78s(b)(3)(A). • March 23, 2018. 4 17 CFR 240.19b–4(f)(6)(iii). Send an email to rule-comments@ 5 See Exchange Rule 11.6(h) for a complete sec.gov. Please include File Number S7– Pursuant to Section 19(b)(1) of the description of the operation of the Minimum 24–89 on the subject line. Securities Exchange Act of 1934 (the Execution Quantity order instruction.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13545

orders with a Minimum Execution Price.12 This functionality has not yet Displayed and has a ranked price below Quantity instruction to avoid an been implemented 13 and the Exchange (above) the price of such order with a internally crossed book. As a result of now proposes to amend paragraph (h) of Minimum Execution Quantity this change, the Exchange proposes to Rule 11.6 to remove this re-pricing instruction.16 However, an order with a specify within the rule when an order requirement. Minimum Execution Quantity with a Minimum Execution Quantity As a result of the above change, the instruction that crosses an order on instruction would not be eligible to Exchange proposes to amend paragraph EDGA Book may execute at a price less trade to prevent executions from (h) of Rule 11.6 to describe when an aggressive than its ranked price against occurring that may be inconsistent with order with a Minimum Execution an incoming order so long as such intra-market price priority or that would Quantity instruction will not be eligible execution is consistent with the above cause a Non-Displayed 6 order to trade to trade to prevent executions from restrictions. ahead of a Displayed 7 order. occurring that may be inconsistent with The following examples describe the intra-market price priority or would proposed operation of an order with a In sum, a Minimum Execution result in a Non-Displayed order trading Minimum Execution Quantity during an Quantity is a non-displayed order that ahead of a same-priced, same-side internally crossed market. This first 8 enables a User to specify a minimum Displayed order.14 The Exchange would example addresses intra-market priority share amount at which the order will not permit an order with a Minimum amongst an order with a Minimum execute.9 An order with a Minimum Execution Quantity instruction that Execution Quantity and other Non- Execution Quantity will not execute crosses other Displayed or Non- Displayed orders in an internally unless the volume of contra-side Displayed orders on the EDGA Book to crossed market as well as when an liquidity available to execute against the trade at prices that are worse than the execution may occur at prices less order meets or exceeds the designated price of such contra-side orders. The aggressive than the resting order’s minimum size. By default, an order with Exchange would also not permit a ranked price. Assume the NBBO is a Minimum Execution Quantity resting order with a Minimum $10.10 by $10.16. A Non-Displayed instruction will execute upon entry Execution Quantity instruction to trade order to sell 50 shares at $10.12 is against a single order or multiple at a price equal to a contra-side resting on the EDGA Book (‘‘Order A’’). aggregated orders simultaneously. The Displayed order. This proposal is based A Non-Displayed order to sell 25 shares Exchange recently amended the on recently adopted NYSE Arca, Inc. at $10.11 is also resting on the EDGA operation of the Minimum Execution (‘‘NYSE Arca’’) Rule 7.31–E(i)(3)(C).15 Book (‘‘Order B’’). The Exchange Quantity instruction to permit a User to Paragraph (h) of Rule 11.6 would state receives a MidPoint Peg 17 order to buy alternatively specify the order not that an order to buy (sell) with a at $10.14 with a minimum quantity execute against multiple aggregated Minimum Execution Quantity condition to execute against a single orders simultaneously and that the instruction that is ranked in the EDGA order of 100 shares (‘‘Order C’’). Because minimum quantity condition be Book will not be eligible to trade: (i) At Order C’s minimum quantity condition satisfied by each individual order a price equal to or above (below) any cannot be met, Order C will not trade resting on the EDGA Book.10 sell (buy) orders that are Displayed and with Orders A or B and will be posted that have a ranked price equal to or The Exchange also recently amended and ranked on the EDGA Book at below (above) the price of such order the operation of the Minimum $10.13, the midpoint of the NBBO. The with a Minimum Execution Quantity Execution Quantity instruction to re- Exchange now has a Non-Displayed instruction; or (ii) at a price above order crossing both Non-Displayed price incoming orders with the (below) any sell (buy) order that is Non- orders on the EDGA Book. If the Minimum Execution Quantity Exchange then receives a Non-Displayed instruction where that order may cross 12 ‘‘Locking Price’’ is defined as ‘‘[t]he price at order to sell for 100 shares at $10.11 an order posted on the EDGA Book.11 which an order to buy (sell), that if displayed by (‘‘Order D’’),18 although Order D would Specifically, where there is insufficient the System on the EDGA Book, either upon entry be marketable against Order C at $10.13, size to satisfy an incoming order’s into the System, or upon return to the System after being routed away, would be a Locking Quotation.’’ it would not trade at $10.13 because it minimum quantity condition and that See Exchange Rule 11.6(f). is above the price of all resting sell incoming order, if posted at its limit 13 See supra note 10. Exchange Rule 11.6(h) does orders. Order D will instead execute price, would cross an order(s), whether not require re-pricing where the order with a against Order C at $10.11, receiving displayed or non-displayed, resting on Minimum Execution Quantity is resting on the price improvement relative to the the EDGA Book, the order with the EDGA Book. As such, an internally crossed book may occur where the incoming order is of midpoint of the NBBO. minimum quantity condition would be insufficient size to satisfy the resting order’s This second example addresses intra- re-priced to and ranked at the Locking minimum quantity condition and that incoming order, if posted at its limit price, would cross that market priority amongst Displayed order with a minimum quantity condition resting orders, Non-Displayed orders with a 6 See also Exchange Rule 11.6(c)(2) for a on the EDGA Book. Minimum Execution Quantity and other definition of the Non-Displayed instruction. 14 Exchange Rule 11.9(a) states that orders on the 7 See Exchange Rule 11.6(c)(1) for a definition of Non-Displayed orders. The Exchange EDGA Book are ranked and maintained by the notes that the below behavior is not the Displayed instruction. Exchange according to price-time priority. 8 The term ‘‘User’’ is defined as ‘‘any Member or Exchange Rule 11.9(a) further prohibits a Non- Sponsored Participant who is authorized to obtain Displayed order from trading ahead of a same-side, 16 An order with a Minimum Execution Quantity access to the System pursuant to Rule 11.3.’’ See same-priced Displayed order. This proposed rule instruction to buy (sell) may execute at a price Exchange Rule 1.5(ee). change adds language to Exchange Rule 11.6(h) to above (below) any sell (buy) order that is Non- 9 A Minimum Execution Quantity instruction clarify this priority scheme during an internally Displayed and has a ranked price below (above) the may only be added to an order with a Non- crossed market. price of such order with a Minimum Execution Displayed instruction or a Time-in-Force of 15 See Securities Exchange Act Release No. 82504 Quantity instruction if that Non-Displayed order Immediate-or-Cancel. See Exchange Rule 11.6(h). (January 16, 2018), 83 FR 3038 (January 22, 2018) itself included a Minimum Execution Quantity 10 See Securities Exchange Act Release No. 81859 (SR–NYSEArca-2018–01) (Notice of Filing and instruction that prevented it from executing. See (October 12, 2017), 82 FR 48545 (October 18, 2017) Immediate Effectiveness of Proposed Rule Change infra note 19. (SR-BatsEDGA–2017–26). This functionality is To Amend Rule 7.31–E Relating to Mid-Point 17 See Exchange Rule 11.8(d)(2). pending deployment and the implementation date Liquidity Orders and the Minimum Trade Size 18 On NYSE Arca, Order D will be posted to the will be announced via a trading notice. Modifier and Rule 7.36–E To Add a Definition of NYSE Arca book at $10.11 and not execute against 11 Id. ‘‘Aggressing Order’’). Order C at $10.13. See supra note 15.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13546 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

unique to an internally crossed market entered and posted to the EDGA Book facilitating transactions in securities, to as the Exchange’s priority rule, 11.9(a), (Order B). Order B does not execute remove impediments to and perfect the currently prohibits Non-Displayed against Order A because Order B does mechanism of a free and open market orders, including Non-Displayed orders not satisfy Order A’s single minimum and a national market system and, in with a Minimum Execution Quantity, quantity condition of 500 shares. As a general, to protect investors and the from trading ahead of same-priced, result, Order B is posted to the EDGA public interest. The proposed rule same-side Displayed orders. Assume the Book at $10.10, creating an internally change removes impediments to and NBBO is $10.00 by $10.04. A Non- locked book. An order to sell 500 shares perfects the mechanism of a free and Displayed order to buy 500 shares at at $10.10 is then entered and executes open market and a national market $10.00 is resting on the EDGA Book against Order A at $10.10 for 500 shares system because it would ensure that (‘‘Order A’’). A Displayed order to buy because the incoming order is of orders with a Minimum Quantity 100 shares at $10.00 is then entered and sufficient size to satisfy Order A’s instruction do not trade through posted to the EDGA Book (‘‘Order B’’). minimum quantity condition of 500 Displayed orders or violate intra-market The Exchange receives a Non-Displayed shares. This clarification is also based price priority. Specifically, the proposed order to sell 600 shares at $10.00 with on recently adopted NYSE Arca Rule rule change would protect Displayed a minimum quantity condition to 7.31–E(i)(3)(E)(ii).20 orders by preventing an order with a execute against a single order of 500 Lastly, the Exchange proposes to Minimum Execution Quantity shares (‘‘Order C’’). Although Order A clarify that an incoming order with a instruction from executing where it is satisfies Order C’s minimum quantity Minimum Execution Quantity would be locked by a contra-side Displayed order. condition and has time priority ahead of canceled where, if posted, it would The proposed rule change protects intra- Order B, no execution occurs because cross the displayed price of an order on market price priority by preventing a 21 Order B is a Displayed order and has the EDGA Book. Conversely, an resting order with a Minimum execution priority over Order A, a Non- incoming order with a Minimum Execution Quantity instruction from Displayed order. Order C does not Execution Quantity instruction would executing where it is crossed by either execute against Order B because Order be posted to the EDGA Book where it a Displayed or Non-Displayed order on B does not satisfy Order C’s minimum would not cross the displayed price of the EDGA Book. The proposed quantity condition. Order C is then a resting contra-side order. For example, clarifications remove impediments to posted to the EDGA Book at $10.00, an order to buy at $11.00 with a and perfect the mechanism of a free and non-displayed. minimum quantity condition of 500 open market and a national market The Exchange also proposes two shares is entered (Order A) and there is system because they provide additional clarifying changes to paragraph (h) of a Displayed order resting on the EDGA specificity regarding the operation of an Exchange Rule 11.6. The rule currently Book to sell 200 shares at $10.99 (Order order with a Minimum Execution states that an order with the Minimum B). Order A would be cancelled because Quantity instruction, thereby avoiding Execution Quantity instruction cedes it crosses the displayed price of Order potential investor confusion. In execution priority when it would lock B and Order B does not contain particular, the Exchange believes it is an order against which it would sufficient size to satisfy Order A’s reasonable for a resting Non-Displayed otherwise execute if it were not for the minimum quantity condition of 500 order to cede execution priority to a minimum execution size restriction.19 shares. However, should Order A be subsequent arriving same-side order The Exchange now proposes to add priced at $10.99, it would not be additional language to the rule to clarify cancelled and would be posted to the where that order is of sufficient size to when a resting Non-Displayed order EDGA Book, resulting in an internally satisfy a resting contra-side order’s may cede execution priority to a locked market. Order A would not be minimum quantity condition because subsequent arriving same-side order. As executable at that price because it is doing so facilitates executions in amended, paragraph (h) of Rule 11.6 priced equal to a contra-side Displayed accordance with the terms and would state that if a resting Non- order. An internally crossed market may conditions of each order. The proposed Displayed sell (buy) order did not meet subsequently occur should an order to rule change is also substantially similar the minimum quantity condition of a sell priced more aggressively than Order to a proposed rule change recently same-priced resting order to buy (sell) A be entered but not be of sufficient size submitted by NYSE Arca for immediate with a Minimum Execution Quantity to satisfy Order A’s minimum quantity effectiveness and published by the 24 instruction, a subsequently arriving sell condition of 500 shares (e.g., an order to Commission. The only differences (buy) order that meets the minimum sell 100 shares at $10.98) and posted to between the proposed rule change and quantity condition will trade ahead of the EDGA Book. that of NYSE Arca is that: (i) NYSE Arca such resting Non-Displayed sell (buy) does not cancel a minimum quantity 2. Statutory Basis order at that price. For example, assume order that would cross a displayed order the NBBO is $10.00 by $10.10 and no The Exchange believes that its on the NYSE Arca book; and (ii) NYSE orders are resting on the EDGA Book. A proposal is consistent with Section 6(b) Arca will not execute resting orders at Non-Displayed order to buy 700 shares of the Act 22 in general, and furthers the prices less aggressive than their limit at $10.10 with a minimum quantity objectives of Section 6(b)(5) of the Act 23 prices in crossed markets. The Exchange condition to execute against a single in particular, in that it is designed to believes that these differences are order of 500 shares is resting on the promote just and equitable principles of immaterial because they are designed to EDGA Book (Order A). A Non-Displayed trade, to foster cooperation and reduce the occurrences of internally order to sell 100 shares at $10.10 is then coordination with persons engaged in crossed markets and facilitate executions that may not otherwise 20 19 The Exchange proposes to amend this Supra note 15. occur. These differences will also provision to clarify that an order with a Minimum 21 An order with a Minimum Execution Quantity continue to ensure that executions occur Execution Quantity instruction would cede will be repriced in accordance with Exchange Rule in accordance with intra-market price 11.6(l)(3) where it would cross a protected quote execution priority when it would also cross an priority on the Exchange while order against which it would otherwise execute if displayed on an away market center. it were not for the minimum execution size 22 15 U.S.C. 78f(b). restriction. 23 15 U.S.C. 78f(b)(5). 24 See supra notes 15 and 18.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13547

accounting for the differences in IV. Solicitation of Comments For the Commission, by the Division of functionality and order types. Trading and Markets, pursuant to delegated Interested persons are invited to authority.27 B. Self-Regulatory Organization’s submit written data, views, and Brent J. Fields, Statement on Burden on Competition arguments concerning the foregoing, Secretary. The Exchange does not believe that including whether the proposed rule [FR Doc. 2018–06302 Filed 3–28–18; 8:45 am] the proposed rule change will result in change is consistent with the Act. BILLING CODE 8011–01–P any burden on competition that is not Comments may be submitted by any of necessary or appropriate in furtherance the following methods: of the purposes of the Act, as amended. SECURITIES AND EXCHANGE Electronic Comments On the contrary, the proposed rule COMMISSION change is not designed to address any • Use the Commission’s internet [Release No. 34–82940; File No. SR– competitive issues because it is comment form (http://www.sec.gov/ NASDAQ–2018–019] intended to provide clarity regarding the rules/sro.shtml); or operation of orders with a Minimum • Self-Regulatory Organizations; The Quantity instruction and when such Send an email to rule-comments@ Nasdaq Stock Market LLC; Notice of orders are eligible to trade and not trade sec.gov. Please include File Number SR– Filing and Immediate Effectiveness of through Displayed orders or violate CboeEDGA–2018–005 on the subject Proposed Rule Change To Amend the intra-market price priority. line. Exchange’s Transaction Fees at Chapter XV, Section 2, Which Governs C. Self-Regulatory Organization’s Paper Comments the Pricing for Nasdaq Participants Statement on Comments on the • Using The Nasdaq Options Market Proposed Rule Change Received From Send paper comments in triplicate to Secretary, Securities and Exchange Members, Participants, or Others March 23, 2018. Commission, 100 F Street NE, Pursuant to Section 19(b)(1) of the No comments were solicited or Washington, DC 20549–1090. received on the proposed rule change. Securities Exchange Act of 1934 All submissions should refer to File (‘‘Act’’),1 and Rule 19b–4 thereunder,2 III. Date of Effectiveness of the Number SR–CboeEDGA–2018–005. This notice is hereby given that on March 13, Proposed Rule Change and Timing for file number should be included on the 2018, The Nasdaq Stock Market LLC Commission Action subject line if email is used. To help the (‘‘Nasdaq’’ or ‘‘Exchange’’) filed with the Because the foregoing proposed rule Commission process and review your Securities and Exchange Commission change does not: (A) Significantly affect comments more efficiently, please use (‘‘Commission’’) the proposed rule the protection of investors or the public only one method. The Commission will change as described in Items I, II, and interest; (B) impose any significant post all comments on the Commission’s III below, which Items have been burden on competition; and (C) by its internet website (http://www.sec.gov/ prepared by the Exchange. The terms, become operative for 30 days rules/sro.shtml). Copies of the Commission is publishing this notice to from the date on which it was filed or submission, all subsequent solicit comments on the proposed rule such shorter time as the Commission amendments, all written statements change from interested persons. may designate it has become effective with respect to the proposed rule I. Self-Regulatory Organization’s pursuant to Section 19(b)(3)(A) of the change that are filed with the Statement of the Terms of Substance of Act 25 and paragraph (f)(6) of Rule 19b– Commission, and all written the Proposed Rule Change 4 thereunder,26 the Exchange has communications relating to the The Exchange proposes to amend the designated this rule filing as non- proposed rule change between the Exchange’s transaction fees at Chapter controversial. The Exchange has given Commission and any person, other than XV, Section 2, which governs the the Commission written notice of its those that may be withheld from the pricing for Nasdaq Participants using intent to file the proposed rule change, public in accordance with the The Nasdaq Options Market (‘‘NOM’’), along with a brief description and text provisions of 5 U.S.C. 552, will be Nasdaq’s facility for executing and of the proposed rule change at least five available for website viewing and routing standardized equity and index business days prior to the date of filing printing in the Commission’s Public options. of the proposed rule change, or such Reference Room, 100 F Street NE, The text of the proposed rule change shorter time as designated by the Washington, DC 20549 on official is available on the Exchange’s website at Commission. business days between the hours of http://nasdaq.cchwallstreet.com/, at the At any time within 60 days of the 10:00 a.m. and 3:00 p.m. Copies of the principal office of the Exchange, and at filing of the proposed rule change, the filing also will be available for the Commission’s Public Reference Commission summarily may inspection and copying at the principal Room. temporarily suspend such rule change if office of the Exchange. All comments it appears to the Commission that such II. Self-Regulatory Organization’s received will be posted without change. action is: (1) Necessary or appropriate in Statement of the Purpose of, and Persons submitting comments are the public interest; (2) for the protection Statutory Basis for, the Proposed Rule of investors; or (3) otherwise in cautioned that we do not redact or edit Change furtherance of the purposes of the Act. personal identifying information from comment submissions. You should In its filing with the Commission, the If the Commission takes such action, the Exchange included statements Commission shall institute proceedings submit only information that you wish to make available publicly. All concerning the purpose of and basis for to determine whether the proposed rule the proposed rule change and discussed should be approved or disapproved. submissions should refer to File Number SR–CboeEDGA–2018–005, and 27 17 CFR 200.30–3(a)(12). 25 15 U.S.C. 78s(b)(3)(A). should be submitted on or before April 1 15 U.S.C. 78s(b)(1). 26 17 CFR 240.19b–4. 19, 2018. 2 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13548 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

any comments it received on the A. Self-Regulatory Organization’s Removing Liquidity in SPY Options. proposed rule change. The text of these Statement of the Purpose of, and Each change is discussed below. Statutory Basis for, the Proposed Rule statements may be examined at the NOM Market Maker Rebate to Add Change places specified in Item IV below. The Liquidity in Penny Pilot Options Exchange has prepared summaries, set 1. Purpose forth in sections A, B, and C below, of The Exchange proposes to amend the the most significant aspects of such The purpose of the proposed rule Tier 6 NOM Market Maker Rebate to statements. change is to amend NOM pricing at Add Liquidity in Penny Pilot Options Chapter XV, Section 2 to modify the by modifying the criteria to qualify for NOM Market Maker,3 Customer 4 and this tier and by increasing the rebate Professional 5 Rebates to Add Liquidity amount. Today, the Exchange has a six in Penny and Non-Penny Pilot Options. tier rebate structure for paying the NOM The Exchange also proposes to increase Market Maker Rebate to Add Liquidity the Customer and Professional Fee for in Penny Pilot Options as follows:

Rebate to add Monthly volume liquidity

Tier 1: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of up $0.20. to 0.10% of total industry customer equity and ETF option average daily volume (‘‘ADV’’) contracts per day in a month. Tier 2: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options above $0.25. 0.10% to 0.25% of total industry customer equity and ETF option ADV contracts per day in a month. Tier 3: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options above $0.30 or $0.40 in the fol- 0.25% to 0.60% of total industry customer equity and ETF option ADV contracts per day in a month. lowing symbols AAPL, QQQ, IWM, SPY and VXX. Tier 4: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of $0.32 or $0.40 in the fol- above 0.60% to 0.90% of total industry customer equity and ETF option ADV contracts per day in a month. lowing symbols AAPL, QQQ, IWM, VXX and SPY. Tier 5: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of $0.40. above 0.30% of total industry customer equity and ETF option ADV contracts per day in a month and qualifies for the Tier 7 or Tier 8 Customer and/or Professional Rebate to Add Liquidity in Penny Pilot Options. Tier 6: Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options above $0.42. 0.80% of total industry customer equity and ETF option ADV contracts per day in a month and qualifies for the Tier 7 or Tier 8 Customer and/or Professional Rebate to Add Liquidity in Penny Pilot Options or Participant adds NOM Market Maker liquidity in Penny Pilot Options and/or Non-Penny Pilot Options above 0.90% of total industry customer equity and ETF option ADV contracts per day in a month.

The Exchange proposes to amend the Pilot Options and/or Non-Penny Pilot month, (ii) execute Total Volume of criteria to qualify for Tier 6, which Options above 0.90% of total industry 250,000 or more contracts per day in a currently offers two alternative methods customer equity and ETF option ADV month, of which 30,000 or more of qualifying for the $0.42 per contract contracts per day in a month. The contracts per day in a month must be rebate in that tier. The first method is a Exchange is proposing to eliminate the removing liquidity, and (iii) add Firm,6 two-pronged requirement that the first method, and to amend the Broker-Dealer 7 and Non-NOM Market Participant (i) add NOM Market Maker alternative by increasing the 0.90% total Maker 8 liquidity in Non-Penny Pilot liquidity in Penny Pilot Options and/or industry customer equity and ETF Options of 10,000 or more contracts per Non-Penny Pilot Options above 0.80% option ADV threshold to 0.95% and day in a month. ‘‘Total Volume’’ will of total industry customer equity and adding two new requirements to qualify have the same meaning as the definition ETF option average daily volume for the Tier 6 rebate. As such, the currently in note b of Section 2(1), (‘‘ADV’’) contracts per day in a month proposed Tier 6 criteria will have three specifically as Customer, Professional, and (ii) qualifies for the Tier 7 or Tier prongs and require that the Participant Firm, Broker-Dealer, Non-NOM Market 8 Customer and/or Professional Rebate (i) add NOM Market Maker liquidity in Maker and NOM Market Maker volume to Add Liquidity in Penny Pilot Penny Pilot Options and/or Non-Penny in Penny Pilot Options and/or Non- Options. The alternative is a Pilot Options above 0.95% of total Penny Pilot Options which either adds requirement that the Participant add industry customer equity and ETF or removes liquidity on NOM. Lastly, NOM Market Maker liquidity in Penny option ADV contracts per day in a the Exchange proposes to increase the

3 The term ‘‘NOM Market Maker’’ or (‘‘M’’) is a ‘‘Professional’’ (as that term is defined in Chapter 7 The term ‘‘Broker-Dealer’’ or (‘‘B’’) applies to Participant that has registered as a Market Maker on I, Section 1(a)(48)). any transaction which is not subject to any of the NOM pursuant to Chapter VII, Section 2, and must 5 The term ‘‘Professional’’ or (‘‘P’’) means any other transaction fees applicable within a particular also remain in good standing pursuant to Chapter person or entity that (i) is not a broker or dealer in category. VII, Section 4. In order to receive NOM Market securities, and (ii) places more than 390 orders in 8 Maker pricing in all securities, the Participant must The term ‘‘Non-NOM Market Maker’’ or (‘‘O’’) is be registered as a NOM Market Maker in at least one listed options per day on average during a calendar a registered market maker on another options security. month for its own beneficial account(s) pursuant to exchange that is not a NOM Market Maker. A Non- 4 The term ‘‘Customer’’ or (‘‘C’’) applies to any Chapter I, Section 1(a)(48). All Professional orders NOM Market Maker must append the proper Non- transaction that is identified by a Participant for shall be appropriately marked by Participants. NOM Market Maker designation to orders routed to clearing in the Customer range at The Options 6 The term ‘‘Firm’’ or (‘‘F’’) applies to any NOM. Clearing Corporation (‘‘OCC’’) which is not for the transaction that is identified by a Participant for account of broker or dealer or for the account of a clearing in the Firm range at OCC.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13549

current Tier 6 rebate amount from $0.42 Maker liquidity in Non-Penny Pilot receive a $0.86 per contract NOM to $0.48 per contract. Options of 7,500 to 9,999 ADV contracts Market Maker Rebate to Add Liquidity per day in a month would be assessed NOM Market Maker Rebate To Add in Non-Penny Pilot Options. a $0.00 per contract Non- Penny Liquidity in Non-Penny Pilot Options Participants that qualify for a note ‘‘5’’ Options Fee for Adding Liquidity in that incentive will receive the greater of the The Exchange proposes to create an month. In addition, Participants that note ‘‘5’’ or note ‘‘6’’ incentive. alternative method for Participants to add NOM Market Maker liquidity in earn a rebate for adding NOM Market Non-Penny Pilot Options of 10,000 or Customer and Professional Rebate To Maker liquidity in Non-Penny Pilot more ADV contracts per day in a month Add Liquidity in Penny Pilot Options Options. Today, the Exchange charges would receive a $0.30 per contract Non- Participants a $0.35 per contract NOM Penny Rebate to Add Liquidity for that The Exchange proposes a number of Market Maker Fee for Adding Liquidity month instead of paying the Non-Penny changes to the Rebates to Add Customer in Non-Penny Pilot Options. To Fee for Adding Liquidity. and Professional Liquidity in Penny encourage Participants to add NOM The Exchange now proposes an Pilot Options set forth in Section 2(1). Market Maker liquidity in Non-Penny additional rebate in new note ‘‘6’’ for First, the Exchange is proposing to Pilot Options, the Exchange currently NOM Market Makers that add liquidity modify the eight tier rebate structure to offers incentives to reduce this fee or in Non-Penny Pilot Options. a six tier rebate structure. The Exchange earn a rebate, provided the Participants Specifically, Participants that qualify for currently pays a volume-based tiered meet the volume-based requirements in the proposed Tier 6 NOM Market Maker Customer and Professional Rebate to note ‘‘5,’’ Section 2(1). Specifically, Rebate to Add Liquidity in Penny Pilot Add Liquidity in Penny Pilot Options as Participants who add NOM Market Options, as discussed above, will follows:

Rebate to add Monthly volume liquidity

Tier 1: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options of up to 0.10% of total industry customer equity and ETF option average daily volume (‘‘ADV’’) contracts per day in a month ...... $0.20 Tier 2: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options above 0.10% to 0.20% of total industry customer equity and ETF option ADV contracts per day in a month ...... 0.25 Tier 3: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options above 0.20% to 0.30% of total industry customer equity and ETF option ADV contracts per day in a month ...... 0.42 Tier 4: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options above 0.30% to 0.40% of total industry customer equity and ETF option ADV contracts per day in a month ...... 0.43 Tier 5: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options above 0.40% to 0.75% of total industry customer equity and ETF option ADV contracts per day in a month ...... 0.45 Tier 6: Participant has Total Volume of 100,000 or more contracts per day in a month, of which 25,000 or more contracts per day in a month must be Customer and/or Professional liquidity in Penny Pilot Options ...... 0.45 Tier 7: Participant has Total Volume of 150,000 or more contracts per day in a month, of which 50,000 or more contracts per day in a month must be Customer and/or Professional liquidity in Penny Pilot Options ...... 0.47 Tier 8: Participant adds Customer, Professional, Firm, Non-NOM Market Maker and/or Broker-Dealer liquidity in Penny Pilot Op- tions and/or Non-Penny Pilot Options above 0.75% or more of total industry customer equity and ETF option ADV contracts per day in a month, or Participant adds: (1) Customer and/or Professional liquidity in Penny Pilot Options and/or Non-Penny Pilot Options of 0.20% or more of total industry customer equity and ETF option ADV contracts per day in a month, and (2) has added liquidity in all securities through one or more of its Nasdaq Market Center MPIDs that represent 1.00% or more of Consolidated Volume in a month or qualifies for MARS (defined below) ...... 0.48

For purposes of Tiers 6 and 7, ‘‘Total Section 2(1), and in the qualifier for the 2(1). Today, a Participant may receive a Volume’’ is defined as Customer, additional $0.09 per contract rebate $0.53 per contract Rebate to Add Professional, Firm, Broker-Dealer, Non- applicable to the Market Access and Liquidity in Penny Pilot Options as NOM Market Maker and NOM Market Routing Subsidy Payment tiers in Customer or Professional if that Maker volume in Penny Pilot Options Section 2(6). Further, the Exchange Participant transacts in all securities and/or Non-Penny Pilot Options which would delete the portion of note ‘‘b’’ through one or more of its Nasdaq either adds or removes liquidity on that states ‘‘For purposes of Tiers 6 and Market Center MPIDs that represent NOM. The Exchange now proposes to 7’’ and relocate the remaining rule text 3.00% or more of Consolidated eliminate Tiers 6 and 7, and renumber that contains the definition of ‘‘Total Volume 9 in the same month on The current Tier 8 as Tier 6. The Exchange Volume’’ to a new corresponding note to Nasdaq Stock Market. Participants that will also make a number of related the proposed Tier 6 NOM Market Maker qualify for this rebate would not be clean-up changes to remove all Rebate to Add Liquidity in Penny Pilot eligible for any other Customer and references in Chapter XV to current Tier Options. As discussed above, the second Professional rebates in Tiers 1 through 6 or Tier 7, and renumber all references prong of the proposed Tier 6 rebate will 8, or other rebate incentives for to Tier 8 to Tier 6. In particular, the contain a Total Volume qualifier. Customer and Professional order flow in proposed clean-ups are in notes ‘‘1,’’ Further, the Exchange proposes to Chapter XV, Section 2(1) of NOM ‘‘d,’’ ‘‘e’’ and ‘‘f’’ in Section 2(1), in the decrease the Customer and Professional Tier 5 NOM Market Maker Rebate to Rebate to Add Liquidity in Penny Pilot 9 Consolidated Volume would be determined as Add Liquidity in Penny Pilot Options in Options set forth in note ‘‘e’’ of Section set forth in Nasdaq Rule 7018(a).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13550 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Rules.10 The Exchange now proposes to Market Maker liquidity in Penny Pilot Penny or Non-Penny Pilot Options to decrease this note ‘‘e’’ incentive from Options and/or Non-Penny Pilot qualify for the higher Tier 6 rebate. All $0.53 to $0.52 per contract for Options above 0.95% of total industry market participants benefit from the Customers and Professionals transacting customer equity and ETF option ADV increased order interaction when more in Penny Pilot Options. contracts per day in a month, (2) order flow is available on NOM. execute Total Volume of 250,000 or The Exchange believes that the Customer and Professional Fee for more contracts per day in a month, of proposed Tier 6 NOM Market Maker Removing Liquidity in SPY Options which 30,000 or more contracts per day Rebate to Add Liquidity in Penny Pilot The Exchange currently charges NOM in a month must be removing liquidity, Options is equitable and not unfairly Participants a Penny Pilot Options Fee and (3) add Firm, Broker-Dealer and discriminatory because all similarly- for Removing Customer or Professional Non-NOM Market Maker liquidity in situated Participants are equally capable Liquidity that is $0.50 per contract, Non-Penny Pilot Options of 10,000 or of qualifying for the proposed rebate, excluding SPY. For NOM Participants more contracts per day in a month. The and the rebate will be uniformly paid to that remove Customer or Professional Exchange notes that the proposed $0.48 all qualifying Participants. Further, the liquidity in SPY, this fee is reduced to per contract Tier 6 rebate will be the Exchange believes that it is equitable $0.48 per contract.11 The Exchange now highest available NOM Market Maker and not unfairly discriminatory to only proposes to amend this fee so that the Rebate to Add Liquidity in Penny Pilot offer this rebate to Participants that Penny Pilot Options Fee for Removing Options. The Exchange believes that the transact as NOM Marker Makers because Customer or Professional Liquidity in proposed $0.48 per contract Tier 6 NOM Market Makers, unlike other SPY will be increased from $0.48 to rebate is reasonable because it will market participants, add value through $0.49 per contract. require three components to be met by continuous quoting 14 and the commitment of capital. In addition, 2. Statutory Basis Participants in order to qualify for that rebate. These requirements require more encouraging NOM Market Makers to add The Exchange believes that its volume to be submitted on NOM than greater liquidity benefits all Participants proposal is consistent with Section 6(b) the current highest rebate (i.e., the in the quality of order interaction. The 12 of the Act, in general, and furthers the current Tier 6 NOM Market Maker Exchange believes it is equitable and not objectives of Sections 6(b)(4) and 6(b)(5) Rebate to Add Liquidity in Penny Pilot unfairly discriminatory to offer only 13 of the Act, in particular, in that it Options) requires today. NOM Market Makers the opportunity to provides for the equitable allocation of earn the Tier 6 rebate described above reasonable dues, fees and other charges The Exchange believes that the first because of the obligations borne by among members and issuers and other prong (add NOM Market Maker these market participants, as noted persons using any facility, and is not liquidity in Penny Pilot Options and/or herein. designed to permit unfair Non-Penny Pilot Options above 0.95% NOM Market Maker Rebate To Add discrimination between customers, of total industry customer equity and Liquidity in Non-Penny Pilot Options issuers, brokers, or dealers. ETF option ADV contracts per day in a month) is reasonable because the The Exchange believes that the NOM Market Maker Rebate To Add Exchange already allows Participants to proposed $0.86 per contract NOM Liquidity in Penny Pilot Options earn rebates today based on percentages Market Maker Rebate to Add Liquidity The Exchange believes that the of total industry customer equity and in Non-Penny Pilot Options offered to proposed changes to the criteria to ETF option ADV. While the percentage Participants if they qualify for the Tier qualify for the Tier 6 NOM Market threshold has increased from 0.90% to 6 NOM Market Maker Rebate to Add Maker Rebate to Add Liquidity in Penny 0.95%, the Exchange is offering to pay Liquidity in Penny Pilot Options is Pilot Options and the proposed increase a rebate of $0.48 per contract, the reasonable, equitable and not unfairly in the rebate amount from $0.42 to $0.48 highest rebate, for Participants that meet discriminatory. The Exchange notes that per contract are reasonable, equitable this higher threshold. The second prong the proposed $0.86 per contract rebate and not unfairly discriminatory. (execute Total Volume of 250,000 or set forth in new note ‘‘6’’ will be the As discussed above, the Exchange is more contracts per day in a month, of highest available incentive provided to proposing to eliminate the first method which 30,000 or more contracts per day Participants that add NOM Market to qualify for Tier 6, and amend the in a month must be removing liquidity) Maker liquidity in Non-Penny Pilot alternative method by increasing the is reasonable because the Exchange Options.15 The Exchange believes that total industry customer equity and ETF already allows Participants to obtain option ADV threshold from 0.90% to rebates today based on Total Volume, 14 Pursuant to Chapter VII (Market Participants), 0.95% and adding two new volume- and requiring a certain amount of the Section 5 (Obligations of Market Makers), in Total Volume to consist of volume that registering as a market maker, an Options based requirements to qualify for Tier 6. Participant commits himself to various obligations. Accordingly, the proposed three- removes liquidity will attract both Transactions of a Market Maker in its market pronged criteria to qualify for Tier 6 will liquidity providers and removers to making capacity must constitute a course of require that Participants (1) add NOM NOM. The third prong (add Firm, dealings reasonably calculated to contribute to the Broker-Dealer and Non-NOM Market maintenance of a fair and orderly market, and Market Makers should not make bids or offers or 10 In calculating total volume, the Exchange will Maker liquidity in Non-Penny Pilot enter into transactions that are inconsistent with add the NOM Participant’s total volume transacted Options of 10,000 or more contracts per such course of dealings. Further, all Market Makers on the NASDAQ Stock Market in a given month day in a month) is reasonable because are designated as specialists on NOM for all across its Nasdaq Market Center MPIDs, and will the Exchange is incentivizing purposes under the Act or rules thereunder. See divide this number by the total industry Chapter VII, Section 5. Consolidated Volume. Participants to send Non-Penny Pilot 15 Today, the Exchange offers Participants a 11 See Chapter XV, Section 2(1), note 3. Firms, Firm, Broker-Dealer and Non-NOM reduced fee of $0.00 or a rebate of $0.30, provided Non-NOM Market Makers, NOM Market Makers Market Maker order flow to NOM. the Participant meets the volume qualifications in and Broker-Dealers are assessed a $0.50 per contract Overall, the Exchange believes that the note 5 of Section 2(1). Specifically, Participants that Penny Pilot Options Fee for Removing Liquidity in add NOM Market Maker liquidity in Non-Penny SPY, similar to other Penny Pilot Options. proposed Tier 6 rebate will continue to Pilot Options of 7,500 to 9,999 ADV contracts per 12 15 U.S.C. 78f(b). encourage Participants to send day in a month would be assessed a $0.00 per 13 15 U.S.C. 78f(b)(4) and (5). additional order flow to NOM in either contract Non-Penny Options Fee for Adding

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13551

the proposed incentive of $0.86 per transact as Customers and/or is a modest reduction, and the Exchange contract is reasonable because it will Professionals rebates up to $1.05 per believes that its rebate program will require Participants to meet the contract for adding liquidity in Non- continue to incentivize Participants to stringent volume requirements set forth Penny Pilot Options.17 Accordingly, the transact greater volume on The Nasdaq in the Tier 6 Penny Pilot Options Rebate Exchange believes the $0.86 per contract Stock Market in order to qualify for a to Add NOM Market Maker Liquidity, as rebate proposed to be offered to higher rebate on NOM. described above. The incentives Participants that transact as NOM The Exchange also believes that the currently offered to Participants that Market Makers is equitable and not proposed reduction in the note ‘‘e’’ add NOM Market Maker liquidity in unfairly discriminatory because the incentive as discussed above is Non-Penny Pilot Options as set forth in proposed incentive is within the range equitable and not unfairly note ‘‘5’’ have significantly lower of rebates currently offered to all discriminatory because any Participant volume-based qualification Participants that transact on NOM and that qualifies for this rebate will be requirements than the requirements for add liquidity in Non-Penny Pilot uniformly paid the $0.52 per contract the Tier 6 Penny Pilot Options Rebate.16 Options. incentive for Penny Pilot Options. The Further, the new note ‘‘6’’ incentive is requirements for earning this rebate will intended to encourage Participants who Customer and Professional Rebate To Add Liquidity in Penny Pilot Options be applied uniformly to all market transact as NOM Market Makers to participants. Furthermore, the Exchange The Exchange believes that its continue to send more order flow to the believes that it is equitable and not proposal to modify the eight tier rebate Exchange in either Penny or Non-Penny unfairly discriminatory to only offer the structure to a six tier rebate structure by Pilot Options in order to qualify for the proposed $0.52 per contract incentive in deleting the current Tier 6 and Tier 7 proposed Tier 6 Penny Pilot Rebate to note ‘‘e’’ to eligible Participants that add Customer and Professional Rebates to Add NOM Market Maker Liquidity to Customer and Professional liquidity in Add Liquidity, which currently contain earn the additional $0.86 Non-Penny Penny Pilot Options. Customer liquidity Total Volume qualification Rebate to Add NOM Market Maker benefits all market participants by Liquidity. All market participants requirements, is reasonable, equitable providing more trading opportunities, benefit from the increased order and not unfairly discriminatory. which attracts market makers. An interaction when more order flow is Participants will still have the increase in the activity of these market available on NOM. The Exchange also opportunity to qualify for the other participants in turn facilitates tighter believes that it is reasonable to offer tiered Customer and Professional spreads, which may cause an additional Participants that qualify for a note ‘‘5’’ Rebates to Add Liquidity in Penny Pilot corresponding increase in order flow incentive the greater of the current note Options, which will remain unchanged, from other market participants. The ‘‘5’’ or new note ‘‘6’’ incentive because as well as the other incentives currently Exchange believes that offering a lower the Participant will be able to receive provided to Participants that add fee to Professionals is similarly the greater of the two rebates with this Customer and Professional liquidity in beneficial, as the lower fees may cause proposal. Penny Pilot Options.18 The Exchange believes that the Further, the Exchange believes it is market participants to select NOM as a proposed NOM Market Maker Rebate to reasonable, equitable and not unfairly venue to send Professional order flow, Add Liquidity in Non-Penny Pilot discriminatory to make the related increasing competition among the Options is equitable and not unfairly clean-up changes to remove all exchanges. As with Customer liquidity, discriminatory because all similarly- references in Chapter XV to current Tier the Exchange believes that increased situated Participants are equally capable 6 or Tier 7, renumber all references to Professional order flow should benefit of qualifying for the proposed rebates, Tier 8 to Tier 6, and relocate the other market participants. and the rebate will be uniformly paid to definition of ‘‘Total Volume’’ in note Customer and Professional Fee for all qualifying Participants. Further, the ‘‘b’’ to a new corresponding note to the Removing Liquidity in SPY Options Exchange believes that offering only proposed Tier 6 NOM Market Maker Participants that transact as NOM Rebate to Add Liquidity in Penny Pilot The proposal to amend note 3 of Market Makers the opportunity to Options. The proposed changes will Chapter XV, Section 2(1) to increase the qualify for the proposed $0.86 per make NOM’s pricing schedule easier to Penny Pilot Options Fee for Removing contract Rebate to Add Liquidity in read and eliminate any potential Customer or Professional Liquidity in Non-Penny Pilot Options is equitable confusion to the benefit of members and SPY from $0.48 to $0.49 per contract is and not unfairly discriminatory for the investors. reasonable and equitable because the same reasons discussed above for the In addition, the proposed change to proposed fee remains lower for SPY as proposed Tier 6 Penny Pilot Options note ‘‘e’’ in Section 2(1) to decrease the compared to other Penny Pilot Options. Rebate to Add NOM Market Maker Customer and Professional Rebate to The Exchange believes that the lower Liquidity. It should also be noted that Add Liquidity in Penny Pilot Options fee of $0.49 per contract in SPY, as while the proposed $0.86 per contract provided to eligible Participants that compared to $0.50 per contract in other rebate will be the highest available transact 3.00% or more in Consolidated Penny Pilot Options, will continue to incentive provided to Participants that Volume on The Nasdaq Stock Market incentivize Participants to send add NOM Market Maker liquidity in from $0.53 to $0.52 per contract is Customer and Professional order flow in 19 Non-Penny Pilot Options, the Exchange reasonable because the proposed change SPY. The Exchange notes that the currently offers eligible Participants that proposed pricing for the reduced SPY 17 Participants must meet the requirements in fee in note 3 remains competitive with note ‘‘f’’ of Section 2(1) in order to qualify for this 20 Liquidity in that month. In addition, Participants $1.05 per contract incentive. another options exchange. that add NOM Market Maker liquidity in Non- 18 In addition to the tiered rebates, the Exchange Penny Pilot Options of 10,000 or more ADV currently offers eligible Participants that add 19 SPY options are the largest volume Penny Pilot contracts per day in a month would receive a $0.30 Customer and Professional liquidity in Penny Pilot Options traded on the Exchange. per contract Non-Penny Rebate to Add Liquidity for Options rebate incentives that go up to $0.55 per 20 CBOE C2 Exchange (‘‘C2’’) charges public that month instead of paying the Non-Penny Fee for contract if the Participant meets the relevant customers a $0.49 per contract taker fee and Adding Liquidity. requirements. See Chapter XV, Section 2(1), notes professional customers a $0.50 per contract taker 16 See note 15 above. ‘‘c’’—‘‘f.’’ Continued

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13552 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

The Exchange does not believe that III. Date of Effectiveness of the Washington, DC 20549 on official only offering this lower fee to Proposed Rule Change and Timing for business days between the hours of Participants that remove Customer and Commission Action 10:00 a.m. and 3:00 p.m. Copies of the Professional liquidity in SPY is The foregoing rule change has become filing also will be available for inequitable and unfairly discriminatory. effective pursuant to Section inspection and copying at the principal Customer liquidity benefits all market 19(b)(3)(A)(ii) of the Act.21 office of the Exchange. All comments participants by providing more trading At any time within 60 days of the received will be posted without change. opportunities, which attracts market filing of the proposed rule change, the Persons submitting comments are makers. An increase in the activity of Commission summarily may cautioned that we do not redact or edit these market participants in turn temporarily suspend such rule change if personal identifying information from facilitates tighter spreads, which may it appears to the Commission that such comment submissions. You should cause an additional corresponding action is: (i) Necessary or appropriate in submit only information that you wish increase in order flow from other market the public interest; (ii) for the protection to make available publicly. All participants. The Exchange believes that of investors; or (iii) otherwise in submissions should refer to File offering a lower fee to Professionals is furtherance of the purposes of the Act. Number SR–NASDAQ–2018–019, and similarly beneficial, as the lower fees If the Commission takes such action, the should be submitted on or before April may cause market participants to select Commission shall institute proceedings 19, 2018. NOM as a venue to send Professional to determine whether the proposed rule For the Commission, by the Division of order flow, increasing competition should be approved or disapproved. Trading and Markets, pursuant to delegated among the exchanges. As with Customer authority.22 liquidity, the Exchange believes that IV. Solicitation of Comments Brent J. Fields, increased Professional order flow Interested persons are invited to Secretary. should benefit other market submit written data, views, and [FR Doc. 2018–06298 Filed 3–28–18; 8:45 am] participants. arguments concerning the foregoing, BILLING CODE 8011–01–P B. Self-Regulatory Organization’s including whether the proposed rule Statement on Burden on Competition change is consistent with the Act. SECURITIES AND EXCHANGE The Exchange does not believe that Comments may be submitted by any of COMMISSION the proposed rule change will impose the following methods: any burden on competition not Electronic Comments [Release No. 34–82936; File No. SR–CBOE– 2018–008] necessary or appropriate in furtherance • of the purposes of the Act. All of the Use the Commission’s internet proposed changes to the NOM Market comment form (http://www.sec.gov/ Self-Regulatory Organizations; Cboe rules/sro.shtml); or Exchange, Inc.; Notice of Designation Maker, Customer and Professional • Rebates to Add Liquidity in Penny and Send an email to rule-comments@ of a Longer Period for Commission Non-Penny Pilot Options, as well as the sec.gov. Please include File Number SR– Action on a Proposed Rule Change Customer and Professional Fee for NASDAQ–2018–019 on the subject line. Relating to Flexibly Structured Options Removing Liquidity in SPY Options, are Paper Comments March 23, 2018. designed to attract additional order flow • Send paper comments in triplicate On January 19, 2018, Cboe Exchange, to NOM, and the Exchange believes that to Secretary, Securities and Exchange Inc. (‘‘Exchange’’) filed with the its pricing remains attractive to market Commission, 100 F Street NE, Securities and Exchange Commission participants. The Exchange operates in Washington, DC 20549–1090. (‘‘Commission’’), pursuant to Section a highly competitive market in which All submissions should refer to File 19(b)(1) of the Securities Exchange Act market participants can readily favor 1 Number SR–NASDAQ–2018–019. This of 1934 (‘‘Act’’) and Rule 19b–4 competing venues if they deem fee 2 file number should be included on the thereunder, a proposed rule change to levels at a particular venue to be amend the Exchange’s rules relating to excessive, or rebate opportunities subject line if email is used. To help the Commission process and review your the fungibility of Flexible Exchange available at other venues to be more Options (‘‘FLEX Options’’) with Non- favorable. In such an environment, the comments more efficiently, please use only one method. The Commission will FLEX Options that have identical terms Exchange must continually adjust its to, among other things, include FLEX fees to remain competitive. Because post all comments on the Commission’s internet website (http://www.sec.gov/ Options on quarterly expirations, short competitors are free to modify their own term expirations, weekly expirations fees in response, and because market rules/sro.shtml). Copies of the submission, all subsequent and end-of-month expirations. The participants may readily adjust their proposed rule change was published for order routing practices, the Exchange amendments, all written statements with respect to the proposed rule comment in the Federal Register on believes that the degree to which fee 3 change that are filed with the February 8, 2018. The Commission has changes in this market may impose any received no comments on the proposed burden on competition is extremely Commission, and all written communications relating to the rule change. limited. 4 proposed rule change between the Section 19(b)(2) of the Act provides C. Self-Regulatory Organization’s Commission and any person, other than that, within 45 days of the publication Statement on Comments on the those that may be withheld from the of notice of the filing of a proposed rule Proposed Rule Change Received From public in accordance with the change, or within such longer period up Members, Participants, or Others provisions of 5 U.S.C. 552, will be 22 17 CFR 200.30–3(a)(12). No written comments were either available for website viewing and 1 15 U.S.C. 78s(b)(1). solicited or received. printing in the Commission’s Public 2 17 CFR 240.19b–4. Reference Room, 100 F Street NE, 3 See Securities Exchange Act Release No. 82622 fee, both in all penny classes except RUT. See C2 (Feb. 2, 2018), 83 FR 5668 (Feb. 8, 2018) (‘‘Notice’’). Fees Schedule, Section 1. 21 15 U.S.C. 78s(b)(3)(A)(ii). 4 15 U.S.C. 78s(b)(2).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13553

to 90 days as the Commission may Exchange Act of 1934 (‘‘Act’’) 1 and Rule publishing notice of the filing of designate if it finds such longer period 19b–4 thereunder,2 a proposed rule Amendment No. 1 to interested persons, to be appropriate and publishes its change to adopt new equity trading and is approving the proposed rule reasons for so finding or as to which the rules to allow the Exchange to trade change, as modified by Amendment No. self-regulatory organization consents, securities pursuant to unlisted trading 1, on an accelerated basis. privileges (‘‘UTP Securities’’) 3 on Pillar, the Commission shall approve the II. Exchange’s Description of the the Exchange’s new trading technology proposed rule change, disapprove the Proposed Rule Change, as Modified by platform. The proposed rule change was proposed rule change, or institute Amendment No. 1 proceedings to determine whether the published for comment in the Federal proposed rule change should be Register on August 9, 2017.4 On In its filing with the Commission, the approved or disapproved. The 45th day September 18, 2017, the Commission self-regulatory organization included after publication of the notice for this designated a longer period within which statements concerning the purpose of, proposed rule change is March 25, 2018. to approve the proposed rule change, and basis for, the proposed rule change The Commission is extending this 45- disapprove the proposed rule change, or and discussed any comments it received day time period. institute proceedings to determine on the proposed rule change. The text The Commission finds that it is whether the proposed rule change of those statements may be examined at appropriate to designate a longer period should be disapproved.5 On November the places specified in Item V below. within which to take action on the 7, 2017, the Commission instituted The Exchange has prepared summaries, proposed rule change so that the proceedings under Section 19(b)(2)(B) of set forth in sections A, B, and C below, Commission has sufficient time to the Act 6 to determine whether to of the most significant parts of such consider the proposed rule change. approve or disapprove the proposed statements. 7 Accordingly, the Commission, pursuant rule change. On February 1, 2018, the A. Self-Regulatory Organization’s to Section 19(b)(2) of the Act,5 Commission designated a longer period Statement of the Purpose of, and the designates May 9, 2018, as the date by for Commission action on the Statutory Basis for, the Proposed Rule which the Commission should approve proceedings to determine whether to Change or disapprove or institute proceedings to approve or disapprove the proposed determine whether to disapprove the rule change.8 The Commission received 1. Purpose proposed rule change (File Number SR– one comment letter on the proposal.9 On January 29, 2015, the Exchange CBOE–2018–008). On February 23, 2018, the Exchange announced the implementation of Pillar, filed Amendment No. 1 to the proposed which is an integrated trading For the Commission, by the Division of rule change, which replaces and Trading and Markets, pursuant to delegated technology platform designed to use a authority.6 supersedes the proposed rule change in single specification for connecting to the its entirety.10 The Commission is Brent J. Fields, equities and options markets operated Secretary. by the Exchange and its affiliates, NYSE 1 15 U.S.C. 78s(b)(1). Arca, Inc. (‘‘NYSE Arca’’) and NYSE [FR Doc. 2018–06296 Filed 3–28–18; 8:45 am] 2 17 CFR 240.19b–4. American LLC (‘‘NYSE American’’).11 BILLING CODE 8011–01–P 3 NYSE Rules define ‘‘UTP Security’’ as a security that is listed on a national securities exchange other NYSE Arca’s cash equities market was than the Exchange and that trades on the Exchange the first trading system to migrate to pursuant to unlisted trading privileges. See NYSE Pillar.12 NYSE American’s cash equities SECURITIES AND EXCHANGE Rule 1.1(ii). COMMISSION 4 See Securities Exchange Act Release No. 81310 Modifier to reflect those of NYSE Arca and NYSE (Aug. 3, 2017), 82 FR 37257 (Aug. 9, 2017). American and proposes additional rules setting [Release No. 34–82945; File No. SR–NYSE– 5 See Securities Exchange Act Release No. 81641 forth how orders with an MTS Modifier would 2017–36] (Sept. 18, 2017), 82 FR 44483 (Sept. 22, 2017). trade in a parity allocation model; (iv) change the 6 15 U.S.C. 78s(b)(2)(B). list of rules that are not applicable to Pillar; (v) Self-Regulatory Organizations; New 7 See Securities Exchange Act Release No. 82028 amend proposed NYSE Rules 7.37 and 7.46 to refer York Stock Exchange LLC; Notice of (Nov. 7, 2017), 82 FR 52757 (Nov. 14, 2017) (‘‘Order to an order with an MTS as an order with an ‘‘MTS Filing of Amendment No. 1 and Order Instituting Proceedings’’). Modifier;’’ (vi) change cross-references to NYSE 8 See Securities Exchange Act Release No. 82613 Arca’s rules to reflect the merger of NYSE Arca and Granting Accelerated Approval of a (Feb. 1, 2018), 83 FR 5499 (Feb. 7, 2018). NYSE Arca Equities, and (vii) reflect the renaming Proposed Rule Change, as Modified by 9 See Letter from Joanne Moffic-Silver, Executive of NYSE MKT to NYSE American. Amendment No. Amendment No. 1, To Adopt New Vice President, General Counsel, and Corporate 1 is available at https://www.sec.gov/comments/sr- Equity Trading Rules To Trade Secretary, Cboe Global Markets, Inc., to Brent J. nyse-2017-36/nyse201736-3137940-161948.pdf). Securities Pursuant to Unlisted Fields, Secretary, Commission (Feb. 1, 2018) (‘‘Cboe 11 See Trader Update dated January 29, 2015, Letter’’). available here: www.nyse.com/pillar. Trading Privileges, Including Orders 10 In Amendment No. 1, among other changes, the 12 In connection with the NYSE Arca and Modifiers, Order Ranking and Exchange proposes to: (i) Respond to the implementation of Pillar, NYSE Arca filed four rule Display, and Order Execution and Commission’s concerns in the Order Instituting proposals relating to Pillar. See Securities Exchange Routing on Pillar, the Exchange’s New Proceedings relating to offering a separate parity Act Release Nos. 74951 (May 13, 2015), 80 FR allocation for floor brokers by (a) setting forth 28721 (May 19, 2015) (Notice) and 75494 (July 20, Trading Technology Platform additional requirements for floor broker orders to be 2015), 80 FR 44170 (July 24, 2015) (SR–NYSEArca– eligible for a separate parity allocation, (b) 2015–38) (Approval Order of NYSE Arca Pillar I March 26, 2018. proposing to permit floor brokers to engage in floor- Filing, adopting rules for Trading Sessions, Order based point-of-sale trading and crossing Ranking and Display, and Order Execution); I. Introduction transactions in UTP Securities, and (c) providing Securities Exchange Act Release Nos. 75497 (July On July 28, 2017, New York Stock additional justification for providing floor brokers 21, 2015), 80 FR 45022 (July 28, 2015) (Notice) and with parity; (ii) amend the definition of Aggressing 76267 (October 26, 2015), 80 FR 66951 (October 30, Exchange LLC (‘‘NYSE’’ or ‘‘Exchange’’) Order to include that a resting order may become 2015) (SR–NYSEArca–2015–56) (Approval Order of filed with the Securities and Exchange an Aggressing Order if its working price change, the NYSE Arca Pillar II Filing, adopting rules for Orders Commission (‘‘Commission’’), pursuant best protected bid or offer (‘‘PBBO’’) or the national and Modifiers and the Retail Liquidity Program); to Section 19(b)(1) of the Securities best bid or offer (‘‘NBBO’’) is updated, there are Securities Exchange Act Release Nos. 75467 (July changes to other orders on the Exchange Book, or 16, 2015), 80 FR 43515 (July 22, 2015) (Notice) and when processing inbound messages; (iii) amend the 76198 (October 20, 2015), 80 FR 65274 (October 26, 5 Id. rules relating to the Mid-Point Liquidity (‘‘MPL’’) 2015) (SR–NYSEArca–2015–58) (Approval Order of 6 17 CFR 200.30–3(a)(31). Order and the Minimum Trade Size (‘‘MTS’’) Continued

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13554 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

market transitioned to Pillar on July 24, allocations always accrue to their represent their customers’ orders in UTP 2017.13 customers. All other national securities Securities under both current rules exchanges use a price-time allocation relating to manual transactions on the Overview methodology. On an exchange with Trading Floor and proposed rules The NYSE serves a unique role in the price-time allocation, the order resting relating to trading on the Pillar trading U.S. market as the only cash equities on the book that arrived first will be platform. As with listed securities, exchange that still has an active Trading executed in full before other orders at member organizations approved as Floor.14 Member organizations that that same price are executed. In this Supplemental Liquidity Providers operate a Floor broker business play a way, a price-time allocation creates would be eligible to be assigned UTP vital role in that model, through incentives for market participants to Securities.18 participation in auctions and point-of- invest in technology and use the fastest Member organizations trading UTP sale trading with other members on the telecommunication lines. While the Securities would continue to be Floor. Under Exchange rules, member Exchange does not contend there is required to comply with Section 11(a)(1) organizations that operate a Floor broker anything wrong with price-time of the Act, 15 U.S.C. 78k(a)(1), and any business are eligible for parity allocation, it believes that a parity applicable exceptions thereto as are allocations for liquidity-providing allocation model serves as a choice to currently applicable to trading on the orders that are entered on the Floor.15 investors that are not driven by speed Exchange. As described below, trading Because Floor brokers operate an and that value the service an agency by Floor brokers on the Trading Floor at agency-only business, such parity Floor broker can provide in managing the point of sale for UTP Securities, also order flow. The Exchange currently referred to as ‘‘manual trading’’ or NYSE Arca Pillar III Filing, adopting rules for offers this choice for trading in its listed ‘‘manual transactions,’’ would continue Trading Halts, Short Sales, Limit Up-Limit Down, to be subject to current rules relating to and Odd Lots and Mixed Lots); and Securities securities and is proposing to offer Exchange Act Release Nos. 76085 (October 6, 2015), investors that same choice in other NMS such trading. In addition, all trading by 80 FR 61513 (October 13, 2015) (Notice) and 76869 securities. Floor brokers in UTP Securities (January 11, 2016), 81 FR 2276 (January 15, 2016) Currently, the Exchange only trades (whether manual or electronic (Approval Order of NYSE Arca Pillar IV Filing, adopting rules for Auctions). NYSE Arca Equities, securities listed on the Exchange. With transactions) on the Exchange would Inc., which was a wholly-owned corporation of Pillar, the Exchange proposes to expand continue to be subject to rules that are NYSE Arca, has been merged with and into NYSE its offering and introduce trading of unique to Floor brokers, including Rules Arca and as a result, certain former NYSE Arca UTP Securities.16 Because trading in 95 (Discretionary Transactions), 122 Equities rules are now the rules of NYSE Arca using the same rule number but with an additional suffix UTP Securities on the Exchange is (Orders with More than One Broker), of ‘‘-E’’ added to each rule. See Securities Exchange designed to complement and be an 123 (Record of Orders), and paragraphs Act Release No. 81419 (August 17, 2017), 82 FR extension of the current trading services (d)–(j) of Rule 134 and related 40044 (August 23, 2017) (SR–NYSEArca–2017–40) it offers, customer orders in both Supplementary Material (requirement (Approval Order). Exchange-listed securities and UTP for Floor brokers to maintain an error 13 In connection with the NYSE American implementation of Pillar, NYSE American filed Securities entered by Floor brokers account). several rule changes. See Securities Exchange Act while on the Floor would have With the exception of specified point- Release Nos. 79242 (November 4, 2016), 81 FR consistent allocation behavior. of-sale trading for Floor brokers, trading 79081 (November 10, 2016) (SR–NYSEMKT–2016– Accordingly, the Exchange proposes in UTP Securities would be subject to 97) (Notice and Filing of Immediate Effectiveness of Proposed Rule Change of framework rules); 81038 that trading in UTP Securities would be the Pillar Platform Rules, as set forth in (June 28, 2017), 82 FR 31118 (July 5, 2017) (SR– subject to a parity allocation model that Rules 1P–13P.19 With this proposed rule NYSEMKT–2016–103) (Approval Order) (the ‘‘ETP is similar to the existing allocation change, the Exchange proposes changes Listing Rules Filing’’); 80590 (May 4, 2017), 82 FR model for Exchange-listed securities, to Rule 7P Equities Trading that would 21843 (May 10, 2017) (Approval Order) (NYSE MKT rules governing automated trading); 80577 with modifications described below. govern such trading in UTP Securities. (May 2, 2017), 82 FR 21446 (May 8, 2017) (SR– Unlike the trading of listed securities The proposed rules are based in part on NYSEMKT–2017–04) (Approval Order) (NYSE MKT on the Exchange, the Exchange would the rules of NYSE Arca and NYSE rules governing market makers); 80700 (May 16, not conduct any auctions in UTP American, with the following 2017), 82 FR 23381 (May 22, 2017) (SR–NYSEMKT– 17 2017–05) (Approval Order) (NYSE MKT rules Securities. Even though DMMs would substantive differences: governing delay mechanism). NYSE American was not be assigned to UTP Securities, the • Consistent with the Exchange’s previously known as NYSE MKT LLC. See Exchange proposes to offer point-of-sale current allocation model, trading in Securities Exchange Act Release No. 80748 (May trading of UTP Securities for Floor UTP Securities on the Exchange would 23, 2017), 82 FR 24764, 24765 (SR–NYSEMKT– 2017–20) (Notice of filing and immediate brokers on the Trading Floor for be a parity allocation model with a effectiveness of proposed rule change to change the crossing transactions. Accordingly, setter priority allocation for the name of NYSE MKT to NYSE American). member organizations that operate Floor participant that sets the BBO.20 14 The term ‘‘Floor’’ means the trading Floor of broker operations would be able to • The Exchange would not offer a the Exchange and the premises immediately Retail Liquidity Program and related adjacent thereto, such as the various entrances and lobbies of the 11 Wall Street, 18 New Street, 8 16 The term ‘‘UTP Security’’ means a security that order types (Retail Orders and Retail Broad Street, 12 Broad Street and 18 Broad Street is listed on a national securities exchange other Price Improvement Orders) for UTP Buildings, and also means the telephone facilities than the Exchange and that trades on the Exchange Securities. available in these locations. See Rule 6. The term pursuant to unlisted trading privileges. See Rule ‘‘Trading Floor’’ means the restricted-access 1.1(ii). The Exchange has authority to extend physical areas designated by the Exchange for the unlisted trading privileges to any security that is an 18 See Rule 107B, which the Exchange is trading of securities, commonly known as the NMS Stock that is listed on another national proposing to amend, see infra. ‘‘Main Room’’ and the ‘‘Buttonwood Room,’’ but securities exchange or with respect to which 19 See Securities Exchange Act Release Nos. does not include (i) the areas in the ‘‘Buttonwood unlisted trading privileges may otherwise be 76803 (December 30, 2015), 81 FR 536 (January 6, Room’’ designated by the Exchange where NYSE extended in accordance with Section 12(f) of the 2016) (SR–NYSE–2015–67) (Notice of Filing and American-listed options are traded, which, for the Act. See Rule 5.1(a)(1). Immediate Effectiveness of Proposed Rule Change) purposes of the Exchange’s Rules, shall be referred 17 The Exchange will continue to trade NYSE- (‘‘Framework Filing’’); and 80214 (March 10, 2017), to as the ‘‘NYSE American Options Trading Floor’’ listed securities on its current trading platform 82 FR 14050 (March 16, 2017) (SR–NYSE–2016–44) or (ii) the physical area within fully enclosed without any changes. The Exchange will transition (Approval Order) (‘‘ETP Listing Rules Filing’’). See telephone booths located in 18 Broad Street at the trading in NYSE-listed securities to Pillar at a also SR–NYSE–2017–35. Southeast wall of the Trading Floor. See Rule 6A. separate date, which will be the subject of separate 20 The term ‘‘BBO’’ means the best bid or offer on 15 See NYSE Rules 70 and 72. proposed rule changes. the Exchange. See Rule 1.1(h).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13555

• The Exchange would not conduct Rule 76 that would provide that As previously established in the auctions in UTP Securities. Supplementary Material .10 to that Rule Framework Filing, Section 1 of Rule 7P • The Exchange would offer two would not be applicable to trading UTP sets forth the General Provisions relating trading sessions, with the Early Trading Securities on the Pillar trading platform. to trading on the Pillar trading platform Session beginning at 7:00 a.m. Eastern The Exchange also proposes to amend and Section 3 of Rule 7P sets forth Time. the existing preambles to Rules 128A, Exchange Trading on the Pillar trading • The Exchange is not proposing to 128B, 130, 131, 132, and 135 22 to reflect platform. In this filing, the Exchange offer the full suite of order instructions that crossing transactions pursuant to proposes new Rules 7.10, 7.11, and 7.16 and modifiers that are available on Rule 76 would be subject to existing and to amend Rule 7.18 for Section 1 of NYSE Arca and NYSE American. Exchange rules relating to publication of Rule 7P and new Rules 7.31, 7.34, 7.36, Subject to rule approvals, the Floor-based transactions, corrections to 7.37, and 7.38 for Section 3 of Rule 7P. Exchange will announce the the Tape, and clearing. The amended In addition, the Exchange proposes new implementation of trading UTP preambles to these rules would provide Section 5 of Rule 7P to establish rules Securities on the Pillar trading system that ‘‘except for manual transactions for the Plan to Implement a Tick Size by Trader Update, which the Exchange pursuant to Rule 76,’’ such rules would Pilot Program, and proposes new Rule anticipates will be in the second quarter not be applicable to trading UTP 7.46 in that section. of 2018. Securities on the Pillar trading platform. Below, the Exchange first describes Applicability of Current Rules on Finally, the Exchange proposes to proposed Rules 7.36 and 7.37, as these Trading UTP Securities on Pillar amend the preamble to Rule 134, which rules would establish the Exchange’s currently provides that such rule is not Pillar rules governing order ranking and Once trading in UTP Securities on the display and order execution and Pillar trading platform begins, specified applicable to trading UTP Securities on the Pillar trading platform. Rule 134(a)– routing. Next, the Exchange describes current Exchange trading rules would proposed Rule 7.31, which would not be applicable for trading UTP (c) relates to clearing of Floor-based transactions, and would be applicable to establish the orders and modifiers Securities. As described in more detail available for trading UTP Securities on below, for each current rule that would any manual transactions pursuant to Rule 76 in UTP Securities. Rule 134(d)– Pillar. Finally, the Exchange describes not be applicable for trading on the proposed Rules 7.10, 7.11, 7.16, 7.34, Pillar trading platform, the Exchange (j) separately requires a Floor broker to maintain an error account. Because 7.38, and 7.46 and amendments to Rule proposes to state in a preamble to such 7.18. rule that ‘‘this rule is not applicable to Floor brokers would continue to be trading UTP Securities on the Pillar subject to Section 11(a)(1) of the Act for Proposed Rule 7.36 all trading in UTP Securities, the trading platform.’’ Current Exchange Proposed Rule 7.36 (Order Ranking Exchange proposes that current Rules rules governing equities trading that do and Display) would establish how 134(d)–(j) would be applicable to all not have this preamble will govern orders in UTP Securities would be Floor broker trading of UTP Securities Exchange operations on Pillar.21 ranked and displayed on the Pillar on the Exchange. To effect these two The Exchange proposes that current trading platform. As described above, changes, the Exchange proposes that the rules governing Floor-based crossing the Exchange proposes to extend its preamble to Rule 134 would be transactions would be applicable to current allocation model to trading UTP amended to provide that: ‘‘Except for trading in UTP Securities. As with Securities on Pillar, including the manual transactions pursuant to Rule crossing transactions for Exchange- concept of ‘‘setter interest,’’ which the 76, paragraphs (a)–(c) of this Rule are listed securities, any such cross Exchange would define in proposed not applicable to trading UTP Securities transactions must meet the requirements Rule 7.36 as ‘‘Setter Priority.’’ Except for on the Pillar trading platform.’’ of current Rule 76. However, unlike the addition of Setter Priority, the trading in Exchange-listed securities, Proposed Rule Changes Exchange proposes to use Pillar because UTP Securities would not be functionality for determining how assigned to a trading post with a DMM, As noted above, with the exception of crossing transactions pursuant to Rule orders would be ranked and displayed. the trading crowd for such trading, i.e., Accordingly, proposed Rule 7.36 is the point of sale, would be a physical 76 and related rules, the Exchange proposes rules that would be applicable based in part on NYSE Arca Rule 7.36– location on the Trading Floor E and NYSE American Rule 7.36E, with designated by the Exchange and staffed to trading UTP Securities on Pillar that are based on the rules of NYSE Arca and substantive differences as described by an Exchange employee. below. Because the Exchange proposes to NYSE American. As a global matter, the provide for Floor crossing transactions Exchange proposes non-substantive Proposed Rule 7.36(a)–(g) in UTP Securities, Rules 74, 75, and 76, differences as compared to the NYSE Proposed Rules 7.36(a)–(g) would which relate to crossing transactions on Arca rules to use the terms ‘‘Exchange’’ establish rules defining terms that the Floor and ancillary Floor-based instead of the terms ‘‘NYSE Arca would be used in Rule 7P—Equities requirements, would be applicable to Marketplace’’ or ‘‘NYSE Arca’’ and to Trading and that describe the display trading UTP Securities. At this time, the use the terms ‘‘mean’’ or ‘‘have and ranking of orders on the Exchange, Exchange would not make available for meaning’’ instead of the terms ‘‘shall including ranking based on price, UTP Securities the cross function mean’’ or ‘‘shall have the meaning.’’ In priority category, and time. The described in Supplementary Material addition, the Exchange will use the term proposed rule text is based on NYSE .10 to Rule 76. Accordingly, the ‘‘member organization,’’ which is Arca Rule 7.36–E(a)–(g) and NYSE Exchange proposes to add a preamble to defined in Rule 2, instead of the terms American Rule 7.36E(a)–(g) with the 23 ‘‘ETP Holder’’ or ‘‘User.’’ following substantive differences: 21 See Securities Exchange Act Release No. 81225 • Proposed Rule 7.36(a)(5) would add (July 27, 2017), 82 FR 36033 (August 2, 2017) (SR– 22 See id. a definition of the term ‘‘Participant,’’ NYSE–2017–35) (Notice of filing to amend certain 23 Because these non-substantive differences Exchange rules to add a preamble that such rules would be applied throughout the proposed rules, which is based on how the term would not be applicable to trading UTP Securities the Exchange will not note these differences ‘‘individual participant’’ is defined in on the Pillar trading platform). separately for each proposed rule. current Rule 72(c)(ii), with non-

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13556 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

substantive differences. The Exchange order is not entered for the account of Proposed Rule 7.36(h)—Setter Priority proposes that the term ‘‘Participant’’ the member organization, the account of Proposed Rule 7.36(h) would would mean for purposes of parity an associated person, or an account with establish how Setter Priority would be allocation, a Floor broker trading license respect to which the member, member assigned to an order and is based in part (each, a ‘‘Floor Broker Participant’’) or organization, or an associated person on current Rules 72(a) and (b). Rule orders collectively represented in the exercises investment discretion, unless 72(a)(ii) provides that when a bid or Exchange Book that have not been such order is entered pursuant to Rule offer, including pegging interest is entered by a Floor Broker Participant 134(d)–(j), i.e., the order is entered via established as the only displayable bid (‘‘Book Participant’’).24 The Exchange the Floor broker’s error account. • or offer made at a particular price and proposes to use the term ‘‘Floor broker Proposed Rule 7.36(a)(6) would add such bid or offer is the only displayable trading license’’ rather than ‘‘each single the definition of ‘‘Aggressing Order’’ to interest when such price is or becomes Floor broker’’ because pursuant to Rule mean a buy (sell) order that is or the Exchange BBO (the ‘‘setting 300 a trading license is required to effect becomes marketable against sell (buy) interest’’), such setting interest is transactions on the Floor of the interest on the Exchange Book and that entitled to priority for allocation of Exchange or any facility thereof and a a resting order may become an executions at that price as described in member organization designates natural Aggressing Order if its working price Rule 72. The rule further provides that: persons to effect transactions on the changes, if the PBBO or NBBO is • Odd-lot orders, including Floor on its behalf. Accordingly, updated, because of changes to other aggregated odd-lot orders that are reference to a ‘‘Floor broker trading orders on the Exchange Book, or when displayable, are not eligible to be setting 26 license’’ makes clear that the Floor processing inbound messages. This interest. (Rule 72(a)(ii)(A)) broker participant is at the trading proposed term would be used in • If, at the time displayable interest of license level, rather than at the member proposed Rule 7.37, described below. a round lot or greater becomes the • organization level. The Exchange also Because all displayed Limit Orders Exchange BBO, there is other proposes to use the term ‘‘Exchange would be displayed on an anonymous displayable interest of a round lot or Book,’’ which is a defined term, rather basis, the Exchange does not propose to greater, including aggregated odd-lot than referring more generally to include text based on the first clause of orders that are equal to or greater than ‘‘Exchange systems.’’ NYSE Arca Rule 7.36–E(b)(2) in a round lot, at the price that becomes As described in greater detail below, proposed Rule 7.36(b)(2). the Exchange BBO, no interest is • the Exchange proposes that its existing Proposed Rule 7.36(c) regarding considered to be a setting interest, and, parity allocation model would be ranking would not include reference to therefore, there is no priority available for all securities that trade on price-time priority, as the Exchange’s established. (Rule 72(a)(ii)(B)) the Exchange. Because there would not allocation model would not always be a • If, at the time displayable interest of be a DMM assigned to any UTP price-time priority allocation, as a round lot or greater becomes the Securities, orders represented by described below. As further described Exchange BBO, there is other individual Floor Brokers and the Book below, the Exchange would rank orders displayable interest the sum of which is Participant would be eligible for a parity consistent with proposed Rule 7.36(c). less than a round lot, at the price that • allocation for UTP Securities. Proposed Rule 7.36(e) would becomes the Exchange BBO, the Because trading in UTP Securities is establish three priority categories: displayable interest of a round lot or intended to be an extension of the Priority 1—Market Orders, Priority 2— greater will be considered the only Exchange’s current Floor-based trading Display Orders, and Priority 3—Non- displayable bid or offer at that price model, the Exchange proposes that Display Orders. The Exchange would point and is therefore established as the Floor Broker Participant allocations for not offer any additional priority setting interest entitled to priority for UTP Securities would be available only categories for trading of UTP Securities. allocation of executions at that price as to Floor brokers that also engage in a In addition to these substantive described in this rule. (Rule 72(a)(ii)(C)) Floor broker business in Exchange-listed differences, the Exchange proposes a • If executions decrement the setting securities. As further proposed, an order non-substantive clarifying difference for interest to an odd-lot size, a round lot entered by a Floor broker would be proposed Rule 7.36(f)(1)(B) to add or partial round lot order that joins such eligible to be included in the Floor ‘‘[o]ther than as provided for in Rule remaining odd-lot size order is not Broker Participant only if: (A) Such 7.38(b)(2),’’ to make clear that the way eligible to be the setting interest. (Rule order is entered by a Floor broker while in which a working time is assigned to 72(a)(ii)(D)) on the Trading Floor, which is an an order that is partially routed to an • 25 If, as a result of cancellation, existing requirement; and (B) such Away Market and returns to the interest is or becomes the single Exchange is addressed in both proposed displayable interest of a round lot or 24 As defined in Rule 1.1(a), the term ‘‘Exchange Rule 7.36(f)(1)(B) and proposed Rule Book’’ refers to the Exchange’s electronic file of greater at the Exchange BBO, it becomes orders, which contains all orders entered on the 7.38(b)(2). The Exchange also proposes the setting interest. (Rule 72(a)(ii)(E)) Exchange. Accordingly, all orders entered by Floor non-substantive differences to proposed • Only the portion of setting interest brokers in UTP Securities are included in the Rule 7.36(f)(2) and (3) to streamline the that is or has been published in the Exchange Book. The Exchange proposes to use the rule text. term ‘‘Book Participant’’ as continuity from its Exchange BBO is entitled to priority current rules, which refer to the Book Participant. allocation of an execution. That portion See Rule 72(c)(ii). Exchange for the trading of securities, commonly of setting interest that is designated as 25 Rule 70(a)(i) requires a Floor broker to be in the known as the ‘‘Main Room’’ and the ‘‘Buttonwood reserve interest and therefore not ‘‘Crowd’’ in order to enter e-Quotes, which are Room.’’ The terms ‘‘Crowd’’ and ‘‘Trading Floor’’ eligible for a parity allocation. Rule 70.30 defines therefore refer to the same physical location. displayed at the Exchange BBO (or not the term ‘‘Crowd’’ as the rooms on the Exchange 26 NYSE Arca and NYSE American have recently displayable if it becomes the Exchange Floor that contain active posts/panels where Floor amended their rules to add this definition of BBO) is not eligible for priority brokers are able to conduct business and a Floor ‘‘Aggressing Order.’’ See Securities Exchange Act allocation of an execution irrespective broker is considered to be in the Crowd if he or she Release Nos. 82447 (January 5, 2018), 83 FR 1442 is physically present in one of these room. Rule 6A (January 11, 2018) (SR–NYSEAmer–2017–40) and of the price of such reserve interest or defines the term ‘‘Trading Floor’’ to mean the 82504 (January 16, 2018), 83 FR 3038 (January 22, the time it is accepted into Exchange restricted-access physical areas designated by the 2018) (SR–NYSEArca–2018–02) [sic]. systems. However, if, following an

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13557

execution of part or all of setting • A resting order would not be Exchange Book. Pursuant to proposed interest, such setting interest is eligible to be assigned Setter Priority Rule 7.37(a)(1), described below, an replenished from any reserve interest, simply because it is the only interest at order that is routed on arrival to an the replenished volume of such setting that price when it becomes the BBO Away Market would not be assigned a interest shall be entitled to priority if (either because of a cancellation of other working time. Proposed Rule 7.36(f) the setting interest is still the only interest at that price or because a resting provides that an order would not be interest at the Exchange BBO. (Rule order that is priced worse than the BBO assigned a working time until it is 72(a)(ii)(F)) becomes the BBO). The Exchange placed on the Exchange Book. As such, • If interest becomes the Exchange believes that the benefit of Setter an order that has returned after routing BBO, it will be considered the setting Priority should be for orders that are would be processed similarly to a newly interest even if pegging interest, Limit aggressively seeking to improve the arriving order. Therefore, the Exchange Orders designated ALO, or sell short BBO, rather than for passive orders that believes that an order should be orders during a Short Sale Period under become the BBO. evaluated for Setter Priority when it Rule 440B(e) are re-priced and • The replenished portion of a returns from an Away Market displayed at the same price as such Reserve Order would not be eligible for unexecuted in the same way as interest, and it will retain its priority Setter Priority. The Exchange believes evaluating an order for Setter Priority on even if subsequently joined at that price that Setter Priority should be assigned to arrival. by re-priced interest. (Rule 72(a)(ii)(G)) interest willing to be displayed, and When evaluating Setter Priority for an Rule 72(b)(i) provides that once because the reserve interest would not order that has returned from an Away priority is established by setting be displayed on arrival, it would not be Market unexecuted, the Exchange interest, such setting interest retains that eligible for Setter Priority. would assess whether such order meets priority for any execution at that price • Orders that are routed and returned the requirements of proposed Rule when that price is at the Exchange BBO unexecuted would be eligible for Setter 7.36(h), which is based in part on the and if executions decrement the setting Priority consistent with the proposed second sentence of Rule 72(b)(iii). The interest to an odd-lot size, such rules regarding the working time Exchange proposes that for Pillar, an remaining portion of the setting interest assigned to the returned quantity of an order that was routed to an Away retains its priority for any execution at order. As described in greater detail Market and returned unexecuted would that price when that price is the below, if such orders meet the be evaluated for Setter Priority based on Exchange BBO. Rule 72(b)(ii) further requirements to be eligible for Setter how a working time would be assigned provides that for any execution of Priority, e.g., establish the BBO and to the returned quantity of the routed setting interest that occurs when the either join or establish the NBBO, they order, as described in proposed Rules price of the setting interest is not the would be evaluated for Setter Priority. 7.16(f)(5)(H), 7.36(f)(1)(A) and (B), and Exchange BBO, the setting interest does Proposed Rule 7.36(h) would provide 7.38(b)(2). not have priority and is executed on that Setter Priority would be assigned to Æ Proposed Rule 7.16(f)(5)(H) parity. Finally, Rule 73(b)(ii) provides an order ranked Priority 2—Display provides that if a Short Sale Price Test, that priority of setting interest will not Orders with a display quantity of at as defined in that rule, is triggered after be retained after the close of trading on least a round lot if such order (i) an order has routed, any returned the Exchange or following the establishes a new BBO and (ii) either quantity of the order and the order it resumption of trading in a security after establishes a new NBBO or joins an joins on the Exchange Book would be a trading halt in such security has been Away Market NBBO. The rule would adjusted to a Permitted Price.28 In such invoked pursuant to Rule 123D or further provide that only one order is case, the returned quantity and the following the resumption of trading eligible for Setter Priority at each price. resting quantity that would be re-priced after a trading halt invoked pursuant to This proposed rule text is based in part to a Permitted Price would be a single the provisions of Rule 80B. In addition, on Rule 72(a)(ii), 72(a)(ii)(A), order and the Exchange would evaluate priority of the setting interest is not 72(a)(ii)(B), 72(a)(ii)(C), subject to the such order for Setter Priority. If such retained on any portion of the priority substantive differences described order would set a new BO and either interest that is routed to an away market above.27 join or establish a new NBO, it would and is returned unexecuted unless such Proposed Rule 7.36(h)(1) would set be assigned Setter Priority. For example, priority interest is greater than a round forth when an order would be evaluated if the Exchange receives a sell short lot and the only other interest at the for Setter Priority. As noted above, the order of 200 shares ranked Priority 2— price point is odd-lot orders, the sum of Exchange proposes a substantive Display Orders, routes 100 shares (‘‘A’’) which is less than a round lot. difference from current Rule 72(a)(ii) in of such order and adds 100 shares (‘‘B’’) Proposed Rule 7.36(h) would use that a resting order would not be eligible of such order to the Exchange Book, ‘‘B’’ Pillar terminology to establish ‘‘Setter to be assigned Setter Priority simply would be displayed at the price of the Priority,’’ which would function because it is the only interest at that sell short order. If an Away Market NBB similarly to setting interest under Rule price when it becomes the BBO. locks the price of ‘‘B’’ and then a Short 72. The Exchange proposes the • Proposed Rule 7.36(h)(1)(A) would Sale Price Test is triggered, ‘‘B’’ would following substantive differences to how provide that an order would be remain displayed at the price of the Setter Priority would be assigned and evaluated for Setter Priority on arrival, NBB.29 If subsequently, ‘‘A’’ returns retained on Pillar: which would include when any portion • unexecuted, pursuant to proposed Rule To be eligible for Setter Priority, an of an order that has routed returns order would have to establish not only unexecuted and is added to the 28 Pursuant to proposed Rule 7.16(f)(5)(A), the BBO, but also either join an Away described below, during a Short Sale Period, as Market NBBO or establish the NBBO. 27 Because of the proposed substantive defined in that rule, short sale orders with a The Exchange believes that requiring an differences, the Exchange is not proposing rules working price and/or a display price equal to or order to either join or establish an based on current Rules 72(a)(ii)(D) and (E). In lower than the NBB will have the working price addition, when an order is considered displayed on and/or display price adjusted one minimum price NBBO before it is eligible for Setter Pillar would be addressed in proposed Rule increment above the current NBB, which is the Priority would encourage the display of 7.36(b)(1). Accordingly, the Exchange is not ‘‘Permitted Price.’’ aggressive liquidity on the Exchange. proposing rule text based on Rule 72(a)(i). 29 See proposed Rule 7.16(f)(6).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00089 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13558 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

7.16(f)(5)(H), ‘‘A’’ and ‘‘B’’ would be assigned a new working time. In such • if the BBO or NBBO changes considered a single order and would be case, the returned quantity and the (proposed Rule 7.36(h)(2)(C)). This re-priced to a Permitted Price, at which resting odd-lot quantity together would proposed rule, together with proposed point the order would be evaluated for be a single order and would be Rule 7.37(b)(1)(B), described below, is Setter Priority. evaluated for Setter Priority. based on Rule 72(b)(ii), with non- Æ Proposed Rule 7.36(f)(1)(A) For example, if the Exchange receives substantive differences to use Pillar provides that an order that is fully an order for 100 shares, routes 50 shares terminology. Specifically, once an order routed to an Away Market would not be (‘‘E’’) of such order and the remaining has been assigned Setter Priority, it has assigned a working time unless and 50 shares (‘‘F’’) of such order are added that status so long as it is on the until any unexecuted portion of the to the Exchange Book, pursuant to Exchange Book, subject to proposed order returns to the Exchange Book. As proposed Rule 7.36(f)(1)(B), ‘‘F’’ would Rule 7.36(h)(3), described below, proposed, if the Exchange routes an be assigned a working time when it is regardless of the BBO or NBBO. entire order and a portion returns added to the Exchange Book. If ‘‘E’’ However, as described in proposed Rule unexecuted, the Exchange would returns unexecuted, and ‘‘E’’ and ‘‘F’’ 7.37(b)(1)(B), it would only be eligible evaluate the returned quantity for Setter together would establish a new BBO at for a Setter Priority allocation if it is Priority as if it were a newly arriving that price, pursuant to proposed Rule executed when it is the BBO. • order. For example, if less than a round 7.38(b)(2), ‘‘F’’ would be assigned a new if the order marking changes from lot returns unexecuted, the returned working time to join the working time (A) sell to sell short, (B) sell to sell short quantity would not be eligible for Setter of ‘‘E,’’ and ‘‘E’’ and ‘‘F’’ would be exempt, (C) sell short to sell, (D) sell Priority. If at least a round lot returns considered a single order. If the short to sell short exempt, (E) sell short unexecuted, establishes a new BBO, and returned quantity together with the exempt to sell, and (F) sell short exempt either joins or establishes the NBBO, it resting quantity establishes the BBO to sell short (proposed Rule would be eligible for Setter Priority. 7.36(h)(2)(D)). This proposed rule text is Æ pursuant to proposed Rule 7.38(b)(2), Proposed Rule 7.36(f)(1)(B) the order would be eligible to be consistent with proposed Rule 7.36(f)(4) provides that (except as provided for in evaluated for Setter Priority. because if an order retains its working proposed Rule 7.38(b)(2)), if an order is • Proposed Rule 7.36(h)(1)(B) would time, the Exchange believes it should partially routed to an Away Market on provide that an order would be also retain its Setter Priority status. arrival, the portion that is not routed • when transitioning from one trading evaluated for Setter Priority when it would be assigned a working time and session to another (proposed Rule becomes eligible to trade for the first any portion of the order returning 7.36(h)(2)(E)). This text would be new time upon transitioning to a new trading unexecuted would be assigned the same because, with Pillar, the Exchange session. When an order becomes eligible working time as any remaining portion would be introducing an Early Trading to trade upon a trading session of the original order resting on the Session. The Exchange believes that if transition, it is treated as if it were a Exchange Book and would be an order entered during the Early considered the same order as the resting newly arriving order. Accordingly, the Trading Session is assigned Setter order. In such case, if the resting portion Exchange believes it would be Priority, it should retain that status in of the order has Setter Priority, the consistent with its proposal to evaluate the Core Trading Session. returned portion would also have Setter arriving orders for Setter Priority to also Proposed Rule 7.36(h)(3) would Priority. evaluate orders that become eligible to establish when an order would lose For example, if the Exchange receives trade upon a trading session transition Setter Priority, as follows: a 200 share order ranked Priority 2— for Setter Priority. For example, • If trading in the security is halted, Display Orders, routes 100 shares (‘‘C’’) pursuant to proposed Rule 7.34(c)(1), suspended, or paused (proposed Rule of such order and adds 100 shares (‘‘D’’) described below, the Exchange would 7.36(h)(3)(A)). This proposed rule is of such order to the Exchange Book, accept Primary Pegged Orders during based on the first sentence of current which establishes the BBO and joined the Early Trading Session, however, Rule 72(b)(iii), with non-substantive the NBBO, ‘‘D’’ would be assigned such orders would not be eligible to differences to use Pillar terminology. In Setter Priority. If ‘‘D’’ is partially trade until the Core Trading Session addition, because all orders expire at the executed and decremented to 50 shares begins. In such case, a Primary Pegged end of the trading day, the Exchange and another order ‘‘E’’ for 100 shares Order would be evaluated for Setter believes that the current rule text joins ‘‘D’’ at its price, pursuant to Priority when it becomes eligible to providing that setting interest would not proposed Rules 7.36(h)(2)(A) and (B), trade in the Core Trading Session. be retained after the close of trading on described below, ‘‘D’’ would retain Proposed Rule 7.36(h)(2) would the Exchange would not be necessary Setter Priority. If ‘‘C’’ returns establish when an order retains its for Pillar. unexecuted, it would join the working Setter Priority, as follows: • if such order is assigned a new time of ‘‘D’’ pursuant to proposed Rule • If it is decremented to any size display price (proposed Rule 7.36(f)(1)(B), ‘‘C’’ and ‘‘D’’ would be because it has either traded or been 7.36(h)(3)(B)). The Exchange believes considered a single order, and ‘‘C’’ partially cancelled (proposed Rule that if an order has Setter Priority at a would therefore also receive Setter 7.36(h)(2)(A)). This proposed rule is price, and then is assigned a new Priority. based on Rule 72(b)(i), with non- display price, it should not retain the Æ Proposed Rule 7.38(b)(2) provides substantive differences to use Pillar Setter Priority status that was associated that for an order that is partially routed terminology. with its original display price. to an Away Market on arrival, if any • if it is joined at that price by a • if such order is less than a round lot returned quantity of such order joins resting order that is re-priced and and is assigned a new working time resting odd-lot quantity of the original assigned a display price equal to the pursuant to proposed Rule 7.38(b)(2). As order and the returned and resting display price of the order with Setter discussed above, pursuant to proposed quantity, either alone or together with Priority (proposed Rule 7.36(h)(2)(B)). Rule 7.38(b)(2) the resting odd-lot other odd-lot orders, would be This proposed rule is based on Rule portion of an order would be assigned displayed as a new BBO, both the 72(a)(ii)(G), with non-substantive a new working time if the returned returned and resting quantity would be differences to use Pillar terminology. quantity of that order, together with the

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13559

resting portion, would establish a new proposed Rule 7.37(b). Except for the that are designated to route to the BBO. In such case, if the resting addition of parity allocation, the primary listing market. Similarly, the quantity had Setter Priority status, it Exchange proposes to use Pillar Exchange would not include rule text would lose that status, and would be re- functionality for determining how based on NYSE Arca Rule 7.37– evaluated for Setter Priority at its new orders would be executed and routed. E(b)(7)(C) and NYSE American Rule working time. Accordingly, the proposed rule is based 7.37E(b)(7)(C). For example, if the Exchange receives in part on NYSE Arca Rule 7.37–E and • The Exchange proposes a non- an order for 200 shares ranked Priority NYSE American Rule 7.37E, with substantive difference to update the 2—Display Orders, routes 100 shares substantive differences as described chart in proposed Rule 7.37(e) to reflect (‘‘G’’) of such order, and the remaining below. the amended names of market centers. 100 shares (‘‘H’’) of such order are Proposed Rule 7.37(b)—Allocation added to the Exchange Book and Proposed Rules 7.37(a), (c)–(g) assigned Setter Priority, ‘‘H’’ would Proposed Rules 7.37(a) and Proposed Rule 7.37(b) would set forth retain Setter Priority even if it is paragraphs (c)–(d) would establish rules how an Aggressing Order would be partially executed and the remaining regarding order execution, routing, use allocated against contra-side orders and portion of ‘‘H’’ is less than a round lot. of data feeds, locking or crossing is based in part on current Rule 72(c). If ‘‘G’’ returns unexecuted and ‘‘G’’ and quotations in NMS Stocks, and The Exchange proposes that its existing ‘‘H’’ together would establish a new exceptions to the Order Protection Rule. parity allocation model, modified as BBO at that price, pursuant to proposed The proposed rule text is based on described below, would be applicable to Rule 7.38(b)(2), ‘‘H’’ would be assigned NYSE Arca Rule 7.37–E(a)–(f) and NYSE UTP Securities. Like the Exchange’s a new working time to join the working American Rule 7.37E(a)–(f) with the existing parity allocation model for time of ‘‘G,’’ and ‘‘G’’ and ‘‘H’’ would be following substantive differences: 30 NYSE-listed securities, the proposed considered a single order. When ‘‘H’’ is • Proposed Rule 7.37(a) would use parity allocation model for UTP assigned a new working time, it would the proposed new term ‘‘Aggressing Securities would provide customers lose its Setter Priority status. Even Order’’ rather than the term ‘‘incoming with choices. The Exchange’s parity though ‘‘G’’ and ‘‘H’’ would establish marketable order’’ to refer to orders that allocation model provides customers the BBO, if that order does not also join would be matched for execution. In that do not have latency sensitive or establish an NBBO, it would not be addition, because the Exchange would strategies or who value intermediation assigned Setter Priority. In this scenario, not use a price-time priority allocation by a trusted agent with an alternative to ‘‘H’’ would have lost its Setter Priority. for all orders, the Exchange proposes to the price-time priority model offered by The Exchange believes it is appropriate specify that orders would be matched other exchanges: Such customers can use a Floor broker and be allocated to re-evaluate such order for Setter for execution as provided for in trades based on parity, as described Priority because it is being assigned a proposed Rule 7.37(b). below. Those customers with latency new working time together with the • As discussed below, the Exchange sensitive strategies or who prefer un- returned quantity of the order. would not offer all order types that are intermediated access can choose to send Proposed Rule 7.36(h)(4) would available on NYSE Arca and NYSE orders electronically and would be establish when Setter Priority is not American. Accordingly, proposed Rule allocated trades as part of the Book available, as follows: 7.37(a)(4) would not include a reference • Participant. Irrespective of whether the For any portion of an order that is to Inside Limit Orders. customer chooses to use a Floor broker ranked Priority 3—Non-Display Orders • Similar to NYSE American, because or enter their interest electronically via (proposed Rule 7.36(h)(4)(A)). This the Exchange would not be taking in proposed rule text is based on the the Book Participant, a customer data feeds from broker-dealers or assigned Setter Priority by setting the second sentence of Rule 72(a)(ii)(F), routing to Away Markets that are not with non-substantive differences to use BBO would receive the first 15% of an displaying protected quotations, the allocation. Pillar terminology. Exchange proposes that proposed Rule • when the reserve quantity While there would be no DMMs 7.37 would not include rule text from assigned to UTP Securities, as noted replenishes the display quantity of a paragraph (b)(3) of NYSE Arca Rule Reserve Order (proposed Rule above, the Exchange would require that 7.37–E, which specifies that an ETP for an order to be eligible to be included 7.36(h)(4)(B)). This proposed rule text Holder can opt out of routing to Away would be new and would be a in the Floor Broker Participant, such Markets that are not displaying a order must be entered by a Floor broker substantive difference, described above, protected quotation, i.e., broker dealers, as compared to the third sentence of while on the Trading Floor and only if or paragraph (d)(1) of NYSE Arca Rule such Floor broker also engages in a Rule 72(a)(ii)(F). 7.37–E, which specifies that NYSE Arca Because proposed Rule 7.36 would Floor broker business in Exchange-listed receives data feeds directly from broker address the display and working time of securities. In addition, to be eligible to dealers. orders and Setter Priority, the Exchange be included in the Floor Broker • As discussed in greater detail proposes that Rules 72(a), (b), and Participant, orders must be entered on below, because the Exchange would not (c)(xii) would not be applicable to an agency basis (unless trading out of offer all orders available on NYSE Arca trading UTP Securities on the Pillar the Floor broker’s error account and NYSE American, including orders trading platform. pursuant to Rule 134). As a result, in based on NYSE Arca Rule 7.31–E(f) that contrast to off-Floor agency broker- Proposed Rule 7.37 are orders with specific routing dealers, Floor brokers would not be Proposed Rule 7.37 (Order Execution instructions, the Exchange proposes that permitted to trade for their own and Routing) would establish rules proposed Rules 7.37(c)(5) and (c)(7)(B) accounts while on the Trading Floor, governing order execution and routing would not include reference to orders including principal trading on behalf of on the Pillar trading platform. As customers. The result of any allocation 30 Because proposed Rule 7.37(b) would establish described above, the Exchange proposes parity allocation, proposed Rule 7.37(c)–(g) would to an individual Floor broker would to retain its parity allocation model, be based on NYSE Arca Rules 7.37–E(b)–(f) and therefore always accrue to the customer. which the Exchange would set forth in NYSE American Rules 7.37E(b)–(f). In addition, when trading UTP

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13560 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Securities, Floor brokers would rule would further provide that an order Proposed Rule 7.37(b)(2) would continue to be subject to current rules with Setter Priority is eligible for establish the allocation wheel for parity that are applicable only to Floor brokers, allocation under proposed Rule allocations. The proposed rule would be including Rules 95, 122, 123, and 7.37(b)(1)(B) if the BBO is no longer the new for Pillar and would establish that paragraphs (d)–(j) of Rule 134. same as the NBBO. This proposed rule at each price on each side of the market, The Exchange proposes to use Pillar text is based on Rules 72(b)(ii) and the Exchange would maintain an terminology to describe allocations and 72(c)(iii) with non-substantive ‘‘allocation wheel’’ of Participants with proposes the following substantive differences to use Pillar terminology. orders ranked Priority 2—Display differences to how allocations are Although the Exchange is using Orders and a separate allocation wheel processed under Rule 72(c): different rule text, the quantity of an of Participants with orders ranked • Mid-point Liquidity Orders Aggressing Order that would be Priority 3—Non-Display Orders. The (‘‘MPL’’) with a Minimum Trade Size allocated to an order with Setter Priority rule further describes how the position (‘‘MTS’’), which are not currently would be the same under both current of an order on an allocation wheel available on the Exchange, would be rules and the proposed Pillar rule. would be determined, as follows: allocated based on MTS size (smallest to • Proposed Rule 7.37(b)(1)(C) would • Proposed Rule 7.37(b)(2)(A) would largest) and time. provide that next, orders ranked Priority provide that the Participant that enters • The Exchange would maintain 2—Displayed Orders would be allocated the first order in a priority category at separate allocation wheels on each side on parity by Participant and that any a price would establish the first position of the market for displayed and non- remaining quantity of an order with on the applicable allocation wheel for displayed orders at each price. Setter Priority would be eligible to that price. The rule would further Currently, the Exchange maintains a participate in this parity allocation, provide that if an allocation wheel no single allocation wheel for each consistent with the allocation wheel longer has any orders at a price, the next security.31 position of the Participant that entered Participant to enter an order at that • An allocation to a Floor Broker the order with Setter Priority. This price would establish a new allocation Participant would be allocated to orders proposed rule text is based on Rules wheel. This proposed rule is based in represented by that Floor Broker on 72(c)(i), (iv), (vi), and (ix) with non- part on the first sentence of Rule parity. substantive differences to use Pillar 72(c)(viii)(A), with both non-substantive • If resting orders on one side of the terminology. differences to use Pillar terminology and Exchange Book are repriced such that • Proposed Rule 7.37(b)(1)(D) would substantive differences because the they become marketable against orders provide that next, orders ranked Priority Exchange would maintain separate on the other side of the Exchange Book, 3—Non-Display Orders, other than MPL allocation wheels at each price point, they would trade as Aggressing Orders Orders with an MTS, would be allocated rather than a single allocation wheel for based on their ranking pursuant to on parity by Participant. This proposed a security. Accordingly, an allocation proposed Rule 7.36(c). rule text is based on Rules 72(c)(i), (iv), wheel at a price point could be re- • If resting orders on both side of the (vi), and (ix) with non-substantive established throughout the trading day. Exchange Book are repriced such that differences to use Pillar terminology and • Proposed Rule 7.37(b)(2)(B) would they become marketable against each a substantive difference not to include provide that additional Participants other, e.g., a crossed PBBO becomes MPL Orders with an MTS in the parity would be added to an allocation wheel uncrossed and orders priced based on allocation of resting non-displayed based on time of entry of the first order the PBBO are repriced, the Exchange orders. entered by a Participant. This proposed would determine which order is the • Proposed Rule 7.37(b)(1)(E) would rule is based in part on the second Aggressing Order based on its ranking provide that MPL Orders with an MTS sentence of Rule 72(c)(viii)(A) with non- pursuant to Rule 7.36(c). would be allocated based on MTS size substantive differences to use Pillar • Because there would not be any (smallest to largest) and time. Because terminology. DMMs assigned to UTP Securities, the MPL Orders with an MTS would be a • Proposed Rule 7.37(b)(2)(C) would proposed rule would not reference new offering on the Exchange, this provide that once a Participant has DMM allocations. proposed rule text is new. With an MTS established a position on an allocation Proposed Rule 7.37(b)(1) would set instruction, an [sic] member wheel at a price, any additional orders forth that at each price, an Aggressing organization is instructing the Exchange from that Participant at the same price Order would be allocated against contra- that it does not want an execution of its would join that position on an side orders as follows: order if the MTS cannot be met. allocation wheel. This proposed rule • Proposed Rule 7.37(b)(1)(A) would Accordingly, an MPL Order with an uses Pillar terminology to describe provide that orders ranked Priority 1— MTS is willing to be skipped if such current functionality. Market Orders would trade first based instruction cannot be met. The • Proposed Rule 7.37(b)(2)(D) would on time. This proposed rule is based on Exchange proposes to separate MPL provide that if an order receives a new the first sentence of Rule 72(c)(i) with Orders with an MTS from the parity working time or is cancelled and non-substantive differences to use Pillar allocation of Priority 3—Non-Display replaced at the same working price, a terminology. Orders because with a parity allocation, Participant that entered such order • Proposed Rule 7.37(b)(1)(B) would an MTS instruction would not be would be moved to the last position on provide that next, an order with Setter guaranteed. In order to honor the MTS an allocation wheel if, that Participant Priority that has a display price and instruction of the resting MPL Order, has no other orders at that price. This working price equal to the BBO would the Exchange proposes to allocate these proposed rule is based in part on the receive 15% of the remaining quantity orders after all other Priority 3—Non- last sentence of Rule 72(c)(viii)(A) with of the Aggressing Order, rounded up to Display Orders have been allocated on non-substantive differences to use Pillar the next round lot size or the remaining parity. The Exchange believes that this terminology. displayed quantity of the order with proposed allocation priority would be • Proposed Rule 7.37(b)(2)(E) would Setter Priority, whichever is lower. The consistent with the MTS instruction in provide that a Participant would be that such orders are willing to be removed from an allocation wheel if (i) 31 See Rule 72(c)(viii)(A). skipped in order to have the MTS met. all orders from that Participant at that

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13561

price are executed or cancelled in full, • Proposed Rule 7.37(b)(4)(A) would an odd-lot sized Aggressing Order (ii) the working price of an order provide that not all Participants on an would be allocated. changes and that Participant has no allocation wheel would be guaranteed to • Proposed Rule 7.37(b)(4)(D) would other orders at that price, or (iii) the receive an allocation. The size of an provide that a Participant that has an priority category of the order changes allocation to a Participant would be order or orders equaling less than a and that Participant has no other orders based on which Participant had the round lot would be eligible for a parity at that price. This proposed rule would pointer at the beginning of the allocation up to the size of the order(s) be new functionality associated with the allocation, the size of the Aggressing represented by that Participant. This substantive difference of having Order, the number of Participants in the proposed rule is based in part on Rule separate allocation wheels at each price allocation, and the size of the orders 72(c)(viii)(B) with non-substantive point. entered by Participants. The Exchange differences to use Pillar terminology. • Proposed Rule 7.37(b)(2)(F) would believes that this proposed rule makes Proposed Rule 7.37(b)(5) would provide that if multiple orders are clear that while the parity allocation provide that an allocation to the Book assigned new working prices at the seeks to evenly allocate an Aggressing Participant would be allocated to orders same time, the Participants representing Order, an even allocation may not be that comprise the Book Participant by those orders would be added to an feasible and would be dependent on working time. This proposed rule is allocation wheel at the new working multiple variables. based on the second sentence of Rule price in time sequence relative to one For example, if there are three 72(c)(ii) with non-substantive another. This proposed rule would be Participants on an allocation wheel, differences to use Pillar terminology. Proposed Rule 7.37(b)(6) would new functionality associated with the ‘‘A,’’ ‘‘B,’’ and ‘‘C,’’ each representing provide that an allocation to a Floor substantive difference of having 200 shares and ‘‘A’’ has the pointer, an Broker Participant, which would be separate allocation wheels at each price Aggressing Order of 450 shares would defined as a ‘‘Floor Broker Allocation,’’ point. be allocated as follows: ‘‘A’’ would be would be allocated to orders with Proposed Rule 7.37(b)(3) would set allocated 100 shares, ‘‘B’’ would be allocated 100 shares, ‘‘C’’ would be unique working times that comprise the forth the parity pointer associated with allocated 100 shares, ‘‘A’’ would be Floor Broker Participant, which would the allocation wheel. As proposed, if allocated 100 shares, and ‘‘B’’ would be be defined as ‘‘Floor Broker Orders,’’ on there is more than one Participant on an allocated 50 shares. In this example, an parity. In other words, any allocation to allocation wheel, the Exchange would uneven allocation would result because an individual Floor Broker Participant maintain a ‘‘pointer’’ that would the Aggressing Order cannot be evenly at a price would be further allocated identify which Participant would be divided by round lots among the among multiple orders that may be next to be evaluated for a parity Participants and the allocation sizes represented by that Floor broker. The allocation and that the Participant with would be dependent on which proposed reference to ‘‘unique working the pointer would be considered the Participant has the pointer at the times’’ would refer to orders that have first position. This proposed rule is beginning of the allocation. multiple working times. For example, based in part on the Parity Example 1 Accordingly, ‘‘A’’ would be allocated a pursuant to proposed Rule 7.31(d)(1)(B), described in Rule 72(c)(viii)(A) and Rule total of 200 shares, ‘‘B’’ would be each time a Reserve Order is 72(c)(viii)(B), with non-substantive allocated a total of 150 shares, and ‘‘C’’ replenished from reserve interest, a new differences to use Pillar terminology. would be allocated a total of 100 shares. working time would be assigned to the The rule would further provide that the • Proposed Rule 7.37(b)(4)(B) would replenished quantity of the Reserve Setter Priority allocation described in provide that if the last Participant to Order, while the reserve interest would proposed Rule 7.37(b)(1)(B) would not receive an allocation is allocated an odd retain the working time of original order move the pointer, which is based on the lot, the pointer would stay with that entry. As a result, the display quantity second sentence of Rule 72(c)(iv) with Participant. The Exchange proposes that of a Reserve Order may be represented non-substantive differences to use Pillar the pointer would advance only after a by multiple orders with unique working terminology. round-lot allocation. If the last times representing each replenishment. Proposed Rule 7.37(b)(4) would set allocation is an odd-lot, the pointer For purposes of the Floor Broker forth how an Aggressing Order would be would stay with that Participant. For Allocation, each quantity with a unique allocated on parity. As proposed, an example, continuing with the example working time would be considered a Aggressing Order would be allocated by above where ‘‘B’’ received an allocation separate order. round lots. The Participant with the of 150 shares because the last allocation As further proposed, the parity pointer would be allocated a round lot was 50 shares, the pointer would remain allocation within a Floor Broker and then the pointer would advance to with ‘‘B’’ for the next allocation at that Allocation would be processed as the next Participant. The pointer would price. By contrast, if the last Participant described in proposed Rule 7.37(b)(2)– continue to advance on an allocation receives a round-lot allocation of an (4) with the Floor Broker Allocation wheel until the Aggressing Order is Aggressing Order, the pointer would processed as the ‘‘Aggressing Order’’ fully allocated or all Participants in that advance to the next Participant for the and each Floor Broker Order processed priority category are exhausted. This next allocation at that price. as a ‘‘Participant.’’ Because a Floor proposed rule is based on Rule • Proposed Rule 7.37(b)(4)(C) would Broker Participant may represent 72(c)(viii), sub-paragraphs (A)–(C) of provide that if the Aggressing Order is multiple orders, the Exchange believes that Rule, and Parity Examples 1 an odd lot, the Participant with the that allocating the Floor Broker through 4, with non-substantive pointer would be allocated the full Allocation on parity would be differences to use Pillar terminology. quantity of the order, unless that consistent with the Exchange’s Rather than include examples in the Participant does not have an order that allocation model, which provides for a proposed rule, the Exchange believes could satisfy the Aggressing Order in parity allocation to Floor brokers. For that the Pillar terminology streamlines full, in which case, the pointer would example, if an Aggressing Order is the description of parity allocations in move to the next Participant on an allocated 200 shares to Floor Broker a manner that obviates the need for allocation wheel. This proposed rule Participant ‘‘X,’’ which would be the examples, as follows: uses Pillar terminology to describe how Floor Broker Allocation, and ‘‘X’’

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13562 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

represents three Floor Broker Orders, and modifiers that would be available Order’’), Market-on-Open Order (‘‘MOO ‘‘A,’’ ‘‘B,’’ and ‘‘C’’ for 100 shares each on the Exchange for trading UTP Order’’), Limit-on-Close Order (‘‘LOC at a price and the parity pointer is on Securities on the Pillar trading platform. Order’’), and Market-on-Close (‘‘MOC ‘‘B,’’ pursuant to proposed Rule The Exchange proposes to offer a subset Order’’). The proposed rule text is based 7.37(b)(6), the Floor Broker Allocation of the orders and modifiers that are on NYSE Arca Rule 7.31–E(c)(1)–(4) and would be allocated 100 shares to ‘‘B’’ available on NYSE Arca and NYSE NYSE American Rule 7.31E(c)(1)–(4), and 100 shares to ‘‘C’’ and ‘‘A’’ would American, with specified substantive with the substantive difference not to not receive an allocation. differences, as described below. include rule text relating to how Proposed Rule 7.37(b)(8) would • Proposed Rule 7.31(a) would Auction-Only Orders would function provide that if resting orders on one side establish the Exchange’s proposed during a Trading Halt Auction, as the of the market are repriced and become Primary Order Types. The Exchange Exchange would not be conducting any marketable against contra-side orders on would offer Market Orders, which auctions in UTP Securities. Because the the Exchange Book, the Exchange would would be described in proposed Rule Exchange would not have defined terms rank the re-priced orders as described in 7.31(a)(1), and Limit Orders, which for auctions in the Pillar rules, the proposed Rule 7.36(c) and trade them as would be described in proposed Rule Exchange proposes an additional non- Aggressing Orders consistent with their 7.31(a)(2). These proposed rules are substantive difference to use the term ranking.32 This proposed functionality based on NYSE Arca Rule 7.31–E(a)(1) ‘‘an opening or re-opening auction’’ would be new for Pillar. and (2) with one substantive difference. instead of ‘‘the Core Open Auction or a Proposed Rule 7.37(b)(9) would Because the Exchange would not be Trading Halt Auction’’ and the term ‘‘a provide that if resting orders on both conducting auctions for UTP Securities closing auction’’ instead of ‘‘the Closing sides of the market are repriced and and because, as described below, with Auction.’’ become marketable against one another, the exception of Primary Pegged Orders, • Proposed Rule 7.31(d) would the Exchange would rank the orders on Limit Orders entered before the Core describe orders with a conditional or each side of the market as described in Trading Session would be deemed undisplayed price and/or size. Proposed Rule 7.36(c) and trade them as follows: designated for both the Early Trading Rule 7.31(d) is based on NYSE Arca • The best-ranked order would Session and the Core Trading Session, Rule 7.31–E(d) and NYSE American establish the price at which the the Exchange proposes not to include Rule 7.31E(d) without any differences. • marketable orders will trade, provided the following text in proposed Rule Proposed Rule 7.31(d)(1) would that if the marketable orders include 7.31(a)(2)(B): ‘‘A Limit Order entered establish Reserve Orders, which would MPL orders, orders would trade at the before the Core Trading Session that is be a Limit Order with a quantity of the midpoint of the PBBO (proposed Rule designated for the Core Trading Session size displayed and with a reserve 7.37(b)(9)(A)). only will become subject to Limit Order quantity (‘‘reserve interest’’) that is not • The next best-ranked order would Price Protection after the Core Open displayed. Proposed Rule 7.31(d)(1) and trade as the Aggressing Order with Auction.’’ Instead, the Exchange subparagraphs (A)–(C) to that rule are contra-side orders at that price pursuant proposes to provide that a Limit Order based on NYSE Arca Rule 7.31–E(d)(1) to proposed Rule 7.37(b)(1) (proposed entered before the Core Trading Session and its sub-paragraphs (A)–(C) without Rule 7.37(b)(9)(B)). that becomes eligible to trade in the any substantive differences. As • When an Aggressing Order is fully Core Trading Session would become described below, the Exchange proposes executed, the next-best ranked order subject to the Limit Order Price to describe Limit Orders that do not Protection when the Core Trading route as a ‘‘Limit Non-Routable Order.’’ would trade as the Aggressing Order • with contra-side orders at that price Session begins. Accordingly, Primary Proposed Rule 7.31(d)(2) would pursuant to proposed Rule 7.37(b)(1) Pegged Orders entered before the Core establish Limit Non-Displayed Orders, (proposed Rule 7.37(b)(9)(C)). Trading Session begins would not be which would be a Limit Order that is • Orders on both sides of the market subject to Limit Order Price Protection not displayed and does not route. This would continue to trade as the until the Core Trading Session begins. proposed rule is based on NYSE Arca • Aggressing Order until all marketable Proposed Rule 7.31(b) would Rule 7.31–E(d)(2), with one substantive orders are executed (proposed Rule establish the proposed time-in-force difference: The Exchange would not be 7.37(b)(9)(D)). modifiers available for UTP Securities offering the ability for a Limit Non- Because proposed Rule 7.37 would on the Pillar trading platform. The Displayed Order to be designated with address order execution and routing, Exchange would offer both Day and a Non-Display Remove Modifier and including parity allocations, locking and Immediate-or-Cancel (‘‘IOC’’) time-in- therefore would not be proposing rule crossing, and the Order Protection Rule, force modifiers. The rule text is based text based on NYSE Arca Rule 7.31– the Exchange proposes that Rules 15A, on NYSE American Rule 7.31E(b) E(d)(2)(B). without any substantive differences. • Proposed Rule 7.31(d)(3) would 19, 72(c), 1000, 1001, 1002, and 1004 • would not be applicable to trading UTP Proposed Rule 7.31(c) would establish MPL Orders, which would be Securities on the Pillar trading establish the Exchange’s Auction-Only a Limit Order that is not displayed and Orders. Because the Exchange would platform.33 does not route, with a working price at not be conducting auctions in UTP the midpoint of the PBBO. Proposed Proposed Rule 7.31 Securities, the Exchange would route all Rule 7.31(d)(3) is based on NYSE Arca Proposed Rule 7.31 (Orders and Auction-Only Orders in UTP Securities Rule 7.31–E(d)(3) and NYSE American Modifiers) would establish the orders to the primary listing market, as Rule 7.31E(d)(3) with one substantive described in greater detail below in difference: Because the Exchange would 32 The Exchange proposes to designated [sic] proposed Rule 7.34. To reflect this not be conducting auctions in UTP proposed Rule 7.37(b)(7) as ‘‘Reserved.’’ functionality, proposed Rule 7.31(c) Securities, the Exchange does not 33 Rule 72(d) would also not be applicable to would provide that an Auction-Only propose to include rule text that MPL trading UTP Securities on the Pillar trading Order is a Limit or Market Order that is Orders do not participate in any platform, accordingly the Exchange would designate the entirety of Rule 72 as not applicable only to be routed pursuant to Rule 7.34. auctions. to trading UTP Securities on the Pillar trading Proposed Rules 7.31(c)(1)–(4) would Proposed Rules 7.31(d)(3)(A)–(F), platform. define Limit-on-Open Orders (‘‘LOO which further describe MPL Orders, are

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13563

based on NYSE Arca Rule 7.31– (A)–(D) and its sub-paragraphs (A)–(D) arrival, or cancelled when resting, if E(d)(3)(A)–(F) with two substantive with two substantive differences. First, there is no PBBO against which to peg. differences. First, the Exchange would because Exchange Floor brokers do not In addition, Non-Displayed Primary not offer the optional functionality for have the ability to enter orders directly Pegged Orders would be ranked Priority an incoming Limit Order to be on Away Markets, the Exchange does 3—Non-Display Orders and if the PBBO designated with a ‘‘No Midpoint not currently offer the ability for Floor is locked or crossed, both an arriving Execution’’ modifier. Second, the brokers to enter ISOs.35 The Exchange and resting Non-Displayd [sic] Primary Exchange would not offer for MPL similarly proposes that Floor brokers Pegged Order would wait for a PBBO Orders to be designated with a Non- would not be able to enter ISOs for that is not locked or crossed before the Display Remove Modifier. Because the trading UTP Securities on the Pillar working price is adjusted and the order Exchange would not offer the Non- trading platform and therefore would becomes eligible to trade. Display Remove Modifier for MPL specify that ISOs are not available to Because the Exchange would not offer Orders, the Exchange is not proposing Floor brokers. Second, because Non- Market Pegged Order or Discretionary rule text based on NYSE Arca Rule Display Remove Modifiers would not be Pegged Orders, the Exchange proposes 7.31–E(d)(3)(G). Proposed Rule 7.31(e) available, the Exchange is not proposing that paragraphs (h)(1) and (h)(3) of would establish orders with instructions rule text based on NYSE Arca Rule proposed Rule 7.31 would be designated not to route and is based on NYSE Arca 7.31–E(e)(3)(D)(iii)(b). as ‘‘Reserved.’’ • Rule 7.31–E(e) and NYSE American • Because the Exchange would not Proposed Rule 7.31(i)(2) would Rule 7.31E(e) without any differences.34 offer Primary Only Orders or Cross establish Self Trade Prevention • Proposed Rule 7.31(e)(1) would Orders, the Exchange proposes that Modifiers (‘‘STP’’) on the Exchange. As establish the Limit Non-Routable Order, Rules 7.31(f) and (g) would be proposed, any incoming order to buy which is a Limit Order that does not designated as ‘‘Reserved.’’ (sell) designated with an STP modifier route. Proposed Rule 7.31(e)(1) and its • Proposed Rule 7.31(h) would would be prevented from trading with a sub-paragraphs (A)–(B) is based on establish Pegged Orders, which would resting order to sell (buy) also NYSE Arca Rule 7.31–E(e)(1) and its be a Limit Order that does not route designated with an STP modifier and sub-paragraphs (A)–(B) and NYSE with a working price that is pegged to from the same Client ID, as designated American Rule 7.31E(1) and its sub- a dynamic reference price. Proposed by the member organization, and the paragraphs (A)–(B) without any Rule 7.31(h) is based on NYSE Arca STP modifier on the incoming order substantive differences. Because the Rule 7.31–E(h) with one substantive would control the interaction between Exchange would not offer Non-Display difference. Consistent with the two orders marked with STP modifiers. Remove Modifiers for Limit Non- Exchange’s current rules, Pegged Orders Proposed Rule 7.31(i)(2)(A) would establish STP Cancel Newest (‘‘STPN’’) Routable Orders, the Exchange is not would be available only to Floor and proposed Rule 7.31(i)(2)(B) would proposing rule text based on NYSE Arca brokers.36 establish STP Cancel Oldest (‘‘STPO’’). Rule 7.31–E(e)(1)(C). Proposed Rule 7.31(h)(2) and sub- • Proposed Rule 7.31(i)(2) and Proposed Rule 7.31(e)(2) and sub- paragraphs (A) and (B) would establish subparagraphs (A) and (B) are based in paragraphs (B)–(D) would establish the Primary Pegged Orders, which would be part on NYSE Arca Rule 7.31–E(i)(2) ALO Order, which is a Limit Non- a Pegged Order to buy (sell) with a and its sub-paragraphs (A) and (B) and Routable Order that, except as specified working price that is pegged to the PBB NYSE American Rule 7.31E(i)(2) and its in the proposed rule, would not remove (PBO), must include a minimum of one sub-paragraphs (A) and (B), with liquidity from the Exchange Book. The round lot of displayed, and with no proposed rule is based on NYSE Arca substantive differences to specify how offset allowed. This proposed rule text STP modifiers would function Rule 7.31–E(e)(2) and its sub-paragraphs is based on NYSE Arca Rule 7.31– (B)–(D) with two substantive consistent with the Exchange’s E(h)(2) and sub-paragraphs (A) and (B) proposed allocation model. differences. First, because the Exchange with one substantive difference. would not have auctions in UTP Specifically, because, as described Because the Exchange would not above, resting orders are allocated either Securities, the Exchange does not conduct auctions in UTP Securities, the propose rule text based on NYSE Arca on parity or time based on the priority Exchange does not propose to include category of an order, the Exchange Rule 7.31–E(e)(2)(A), and would rule text that a Primary Pegged Order designate this sub-paragraph as proposes to specify in proposed Rule would be eligible to participate in 7.31(i)(2) that the Exchange would ‘‘Reserved.’’ Second, because the auctions at the limit price of the order. Exchange would not offer the Non- evaluate the interaction between two Proposed Rule 7.31(h)(4) and sub- orders marked with STP modifiers from Display Remove Modifier for Limit Non- paragraphs (A) and (B) would establish the same Client ID consistent with the Routable Orders or Limit Non-Display a Non-Displayed Primary Pegged Order, allocation logic applicable to the Orders, the Exchange does not propose which would be a Pegged Order to buy priority category of the resting order. rule text based on NYSE Arca Rule (sell) with a working price that is The proposed rule would further 7.31–E(e)(2)(B)(iv)(b). • pegged to the PBB (PBO), with no offset provide that if resting orders in a Proposed Rule 7.31(e)(3) and sub- allowed, that is not displayed. This rule paragraphs (A)–(D) would establish priority category do not have an STP text is based on NYSE American Rule modifier from the same Client ID, the Intermarket Sweep Orders (‘‘ISO’’), 7.31E(h)(2), which describes a Primary which would be a Limit Order that does incoming order designated with an STP Pegged Order that is not displayed. modifier would trade with resting not route and meets the requirements of Similar to the rules of NYSE American, Rule 600(b)(3) of Regulation NMS and orders in that priority category before the proposed Non-Displayed Primary being evaluated for STP with resting could be designated IOC or Day. The Pegged Order would be rejected on proposed rule is based on NYSE Arca orders in the next priority category. For STPN, proposed Rule Rule 7.31–E(e)(3) and its sub-paragraphs 35 See Rule 70(a)(i). 7.31(i)(2)(A)(i) would provide that if a 36 See Rule 13(f)(1)(A)(i), which describes Pegging 34 Proposed Rule 7.31 includes behavior relating Interest as being available for e-Quotes and d- resting order with an STP modifier from to MPL Orders that were recently adopted on NYSE Quotes, which is functionality available only to the same Client ID is in a priority Arca and NYSE American. See supra note 19. Floor brokers. category that allocates orders on price-

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13564 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

time priority, the incoming order Proposed Rule 7.31(i)(2)(B)(ii) would By contrast, proposed Rule marked with the STPN modifier would be new and would address how STPO 7.31(i)(3)(E) would provide that a be cancelled back to the originating would function for resting orders in a resting order to buy (sell) with an MTS member organization and the resting priority category that allocates orders on Modifier that becomes an Aggressing order marked with one of the STP parity. As proposed, if a resting order Order would trade with individual sell modifiers would remain on the with an STP modifier from the same (buy) orders that each meet the MTS. Exchange Book. This proposed rule is Client ID is in a priority category that Because a resting order that becomes an based on NYSE Arca Rule 7.31– allocates orders on parity, all resting Aggressing Order, which could only be E(i)(2)(A) and NYSE American Rule orders with the STP modifier with the an MPL Order, would need to be able 7.31E(i)(2)(A), with non-substantive same Client ID in that priority category to trade with individual contra-side differences to specify that this order that would have been considered for an orders that each meet the MTS, the processing would be applicable for allocation would not be eligible for a Exchange proposes to address how such orders that are allocated in price-time parity allocation and would be requirement would operate with the priority. cancelled. The rule would further Exchange’s proposed allocation model. Proposed Rule 7.31(i)(2)(A)(ii) would provide that an incoming order marked Specifically, proposed Rule be new and would address how STPN with the STPO modifier would be 7.31(i)(3)(F)(i) would provide that when would function for resting orders in a eligible to trade on parity with orders in such Aggressing Order is trading with priority category that allocates orders on that priority category that do not have sell (buy) orders in a priority category parity. As proposed, if a resting order a matching STP modifier and that that allocates orders on price-time with an STP modifier from the same resting orders in that priority category priority, if a sell (buy) order does not Client ID is in a priority category that with an STP modifier from the same meet the MTS, the MPL Order with the allocates orders on parity and would Client ID that would not have been MTS Modifier would not trade and have been considered for an allocation, eligible for a parity allocation would would be ranked on the Exchange Book. none of the resting orders eligible for a remain on the Exchange Book. The Accordingly, for orders that trade in a parity allocation in that priority Exchange believes that this proposed price-time priority category, the MPL category would receive an allocation processing of STPO would allow for the Order with an MTS Modifier would stop and the incoming order marked with the incoming order to continue to trade trading if a contra-side order does not STPN modifier would be cancelled with resting orders that do not have an 37 meet the MTS. This proposal is back. The Exchange believes that if a STP modifier from the same client ID, consistent with how a resting order that member organization designates an while at the same time processing the becomes an Aggressing Order would order with an STPN modifier, that instruction that resting orders with an trade on NYSE Arca, which has a price- member organization has instructed the STP from the same Client ID would be time priority allocation model. Exchange to cancel the incoming order cancelled if there were a potential for an rather than trade with a resting order Proposed Rule 7.31(i)(3)(F)(ii) would execution between the two orders. set forth how a resting MPL Order to with an STP modifier from the same • Proposed Rule 7.31(i)(3) would Client ID. Because in a parity allocation, buy (sell) with an MTS that becomes an describe the Minimum Trade Size Aggressing Order would trade with sell resting orders are allocated based on (‘‘MTS’’) Modifier, which is based in their position on an allocation wheel, as (buy) orders in a priority category that part on NYSE Arca Rule 7.31–E(i)(3).38 allocates orders on parity. Because in a described above, it would be consistent The Exchange proposes a substantive with the incoming order’s instruction to parity allocation model, more than one difference in that the MTS Modifier cancel the incoming order if any of the resting order may participate in an would be available only for Limit IOC resting orders eligible to participate in allocation, the Exchange proposes that a and MPL Orders. Subject to this the parity allocation has an STP resting order to buy (sell) with an MTS difference, proposed Rule 7.31(i)(3)(A)– modifier from the same Client ID. that becomes an Aggressing Order (E) and (G) is based on NYSE Arca Rule For STPO, proposed Rule would not trade with any contra-side 7.31–E(i)(3)(A)–(F). 7.31(i)(2)(B)(i) would provide that if a orders if at least one sell (buy) order that The Exchange proposes an additional resting order with an STP modifier from would have been considered for substantive difference to address how a the same Client ID is in a priority allocation does not meet the MTS. As resting order with an MTS that becomes category that allocates orders on price- proposed, in such case, the resting order an Aggressing Order would trade under time priority, the resting order marked with the MTS Modifier would be ranked the parity allocation model. As 40 with the STP modifier would be on the Exchange Book. The Exchange described in proposed Rule 7.31(i)(3)(B), cancelled back to the originating on arrival, an order to buy (sell) with an member organization and the incoming ‘‘B’’ ranked Priority 3—Non-Displayed for 100 MTS Modifier would trade with sell shares from the Floor Broker Participant, if the order marked with the STPO modifier (buy) orders in the Exchange Book that Exchange receives a buy MPL Order with a limit would remain on the Exchange Book. price of 10.00 and an MTS of 200 shares, the MTS in the aggregate meet such order’s MTS. This proposed rule is based on NYSE could be met by the resting orders in the aggregate, In other words, the MTS of an Arca Rule 7.31–E(i)(2)(B) and NYSE and the arriving buy order would trade with both Aggressing Order on arrival can be met ‘‘A’’ and ‘‘B.’’ American Rule 7.31E(i)(2)(B), with non- by one or more resting orders. Because 40 For example, the midpoint of the PBBO is 10.01 substantive differences to specify that more than one resting order can trade and at 10.00, the Exchange has a sell order ‘‘A’’ this order processing would be ranked Priority 3—Non-Displayed for 100 shares with an arriving order with an MTS, applicable for orders that are allocated from the Book Participant and a sell order ‘‘B’’ such allocation can be made consistent ranked Priority 3—Non-Displayed for 200 shares in price-time priority. with the Exchange’s parity allocation from the Floor Broker Participant and a buy MPL 39 Order with a limit price of 10.00 and an MTS of 37 As described above, if there were resting model without any changes. 200 shares. If the midpoint changes to 10.00, the Market Orders against which the incoming order resting buy MPL Order would become an was marketable, because Market Orders are in a 38 See supra note 19. Aggressing Order. In this scenario, both ‘‘A’’ and different priority category, the incoming order 39 For example, if the midpoint of the PBBO is ‘‘B’’ would be eligible for an allocation, but because would trade with the resting Market Orders before 10.00 and at 10.00, the Exchange has a sell order ‘‘A’’ cannot individually meet the MTS of the buy being assessed for STP with resting orders in a ‘‘A’’ ranked Priority 3—Non-Displayed for 100 MPL Order, the MPL Order would not trade with parity priority category. shares from the Book Participant and a sell order either ‘‘A’’ or ‘‘B’’ and the buy MPL Order would

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13565

believes that if a member organization provides that ‘‘[e]xecutions as a result of Proposed Rule 7.16 designates an MPL Order with an MTS a Trading Halt Auction are not eligible Proposed Rule 7.16 (Short Sales) Modifier, that member organization has for a request to review as clearly would establish requirements relating to instructed the Exchange not to trade that erroneous under paragraph (b) of this short sales. The proposed rule is based order with contra-side orders that are Rule.’’ on NYSE Arca Rule 7.16–E and NYSE smaller in size than the MTS. Because American Rule 7.16E with two in a parity allocation, resting orders are Proposed Rule 7.11 substantive differences. First, because allocated based on their position on an Proposed Rule 7.11 (Limit Up-Limit the proposed rule would not be allocation wheel, as described above, it Down Plan and Trading Pauses in applicable to any securities that are would be consistent with the incoming listed on the Exchange, the Exchange order’s instruction not to trade at all Individual Securities Due to would not be evaluating whether the rather than to trade with even one order Extraordinary Market Volatility) would short sale price test restrictions of Rule in the parity allocation that that does establish how the Exchange would not meet the MTS. comply with the Regulation NMS Plan 201 of Regulation SHO have been • Proposed Commentary .01 and .02 to Address Extraordinary Market triggered. Accordingly, the Exchange to Rule 7.31 is based on Commentary Volatility (‘‘LULD Plan’’).43 The does not propose rule text based on .01 and .02 to NYSE Arca Rule 7.31–E proposed rule is based on NYSE NYSE Arca Rule 7.16–E(f)(3) or NYSE without any substantive differences. American Rule 7.11E with the following American Rule 7.16E(f)(3) and would Because proposed Rule 7.31 would substantive differences. First, as designate that sub-paragraph as govern orders and modifiers, including proposed, the Exchange would not offer ‘‘Reserved.’’ For similar reasons, the orders entered by Floor brokers, the the optional functionality for a member Exchange proposes not to include rule Exchange proposes that Rules 13 organization to instruct the Exchange to text based on NYSE Arca Rules 7.16– (Orders and Modifiers) and 70 cancel a Limit Order that cannot be E(f)(4)(A) and (B) or NYSE American Rule 7.16E(f)(4)(A) and (B). (Execution of Floor broker interest) traded or routed at prices at or within Second, because the Exchange would would not be applicable to trading UTP the Price bands, rather than the default not be offering Tracking Orders, Cross Securities on the Pillar trading platform. processing of re-pricing a Limit Order to Orders, or the Proactive if Locked/ In addition, references to Trading the Price Bands, as described in Crossed Modifier, the Exchange does Collars in Rule 1000(c) would not be proposed Rule 7.11(a)(5)(B)(i).44 not propose rule text based on NYSE applicable to trading UTP Securities on Accordingly, the Exchange would not the Pillar Trading platform.41 Arca Rule 7.16–E(f)(5)(D), (G), or (I) or include text relating to this instruction, NYSE American Rule 7.16E(f)(5)(D), (G), Proposed Rule 7.10 as described in NYSE American Rules or (I). The Exchange proposes to Proposed Rule 7.10 (Clearly 7.11E(a)(5)(B)(i), 7.11E(a)(5)(C), or designate proposed Rules 7.16(f)(5)(D) Erroneous Executions) would set forth 7.11E(a)(5)(F). Second, because the and (G) as ‘‘Reserved.’’ the Exchange’s rules governing clearly Exchange would not be offering orders Because the proposed rule covers the erroneous executions. The proposed that include specific routing same subject matter as Rule 440B (Short rule is based on NYSE Arca Rule 7.10– instructions, Q Orders, or Limit IOC Sales), the Exchange proposes that Rule E and NYSE American Rule 7.10E with Cross Orders, the Exchange would not 440B would not be applicable to trading substantive differences not to refer to a include text that references these order UTP Securities on the Pillar trading Late Trading Session or Cross Orders. types, as described in NYSE American platform. The Exchange proposes rule text based Rule 7.11E(a)(5)(B)(iii), 7.11E(a)(5)(D), on NYSE Arca rather than current Rule 7.11E(a)(5)(E), and 7.11E(a)(6). The Proposed Rule 7.18 128 (Clearly Erroneous Executions) Exchange proposes to designate The Exchange proposes to amend because the NYSE Arca and NYSE proposed Rules 7.11(a)(5)(D) and Rule 7.18 (Halts) to establish how the American version of the rule uses the 7.11(a)(5)(E) as ‘‘Reserved.’’ Exchange would process orders during same terminology that the Exchange is Finally, because proposed Rule 7.11 a halt in a UTP Security and when it proposing for the Pillar trading would govern trading in UTP Securities would halt trading in a UTP Exchange platform, e.g., references to Early and and the Exchange would not conduct Traded Product.45 Proposed Rule Core Trading Sessions. Accordingly, the auctions for such securities, the 7.18(b) would provide that the Exchange Exchange proposes that Rule 128 Exchange does not propose rule text would not conduct a Trading Halt (Clearly Erroneous Executions) would from NYSE American Rule 7.11E(b) that Auction in a UTP Security and would not be applicable to trading UTP describes how the Exchange would re- process new and existing orders in a Securities on the Pillar trading open trading in a security. The UTP Security during a UTP Regulatory platform.42 Because the Exchange 46 Exchange proposes that Rule 7.11(b)(1) Halt as described in proposed Rule would not be conducting auctions in would be based on rule text from NYSE UTP Securities, proposed Rule 7.10(a) 45 The term ‘‘UTP Exchange Traded Product’’ is American Rule 7.11E(b)(1). would not include the last sentence of defined in Rule 1.1(bbb) to mean an Exchange NYSE Arca Rule 7.10–E(a), which Because the proposed rule covers the Traded Product that trades on the Exchange pursuant to unlisted trading privileges. The terms same subject matter as Rule 80C, the ‘‘Exchange Traded Product’’ and ‘‘UTP Exchange be ranked on the Exchange Book as provided for in Exchange proposes that Rule 80C would Traded Product’’ on the Exchange have the same proposed Rule 7.31(i)(3)(F)(ii). not be applicable to trading UTP meaning as the NYSE Arca terms ‘‘Derivatives 41 As described in greater detail above in Securities on the Pillar trading platform. Securities Product’’ and ‘‘UTP Derivative Securities connection with proposed Rule 7.37, the Exchange Product,’’ which are defined in NYSE Arca Rule proposes that the entirety of Rule 1000 would not 1.1(k). The Exchange proposes a non-substantive be applicable to trading UTP Securities on the Pillar 43 See Securities Exchange Act Release No. 80455 difference in proposed Rule 7.18 as compared to trading platform. (April 13, 2017), 81 FR 24908 (April 27, 2016) (File NYSE Arca Rule 7.18–E to use the Exchange- 42 The Exchange proposes that because there is No. 4–631) (Order approving 12th Amendment to defined terms. not a prior version of proposed Rule 7.10, if the the LULD Plan). 46 The term ‘‘UTP Regulatory Halt’’ is defined in Limit Up-Limit Down Plan is not approved, the 44 The Exchange will offer this optional Rule 1.1(kk) to mean a trade suspension, halt, or prior version of sections (c), (e)(2), (f) and (g) of functionality when it implements Pillar phase II pause called by the UTP Listing Market in a UTP Rule 128 would be in effect. communication protocols. Continued

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13566 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

7.18(b)(1)–(6). The proposed rule text is 7.34E(b). Rather than require member proposed rule is based on NYSE Arca based on NYSE Arca Rule 7.18–E(b) and organizations to include a designation Rule 7.34–E(c)(1)(B) and NYSE its sub-paragraphs (1)—(6) and NYSE for which trading session the order American Rule 7.34E(c)(1)(B) with two American Rule 7.18E(b) and its sub- would be in effect, the Exchange substantive differences. First, because paragraphs (1)–(6) with one substantive proposes to specify in Rule 7.34(b) and the Exchange would not be conducting difference. Because the Exchange would (c) which trading sessions an order auctions, the Exchange proposes to not be offering ‘‘Primary Only’’ orders, would be deemed designated. Proposed specify that the rejection period would proposed Rule 7.18(b)(5) would not Rule 7.34(b)(1) would provide that begin ‘‘before the Early Trading Session reference such order types. unless otherwise specified in Rule begins’’ rather than state ‘‘before the The Exchange proposes to amend 7.34(c), an order entered before or Early Open Auction concludes.’’ Rule 7.18(d)(1)(A) to specify that if a during the Early or Core Trading Second, the Exchange would not refer to UTP Exchange Traded Product begins Session would be deemed designated Cross Orders, which would not be trading on the Exchange in the Early for the Early Trading Session and the offered on the Exchange. Trading Session and subsequently a Core Trading Session. Proposed Rule • Proposed Rule 7.34(c)(1)(C) would temporary interruption occurs in the 7.34(b)(2) would provide that an order provide that Market Orders and calculation or wide dissemination of the without a time-in-force designation Auction-Only Orders in UTP Securities Intraday Indicative Value (‘‘IIV’’) or the would be deemed designated with a day entered before the Core Trading Session value of the underlying index, as time-in-force modifier. begins would be routed to the primary applicable, to such UTP Exchange Proposed Rule 7.34(c) would specify listing market on arrival and any order Traded Product, by a major market data which orders would be permitted in routed directly to the primary listing vendor, the Exchange may continue to each session. Proposed Rule 7.34(c)(1) market on arrival would be cancelled if trade the UTP Exchange Traded Product would provide that unless otherwise that market is not accepting orders. This for the remainder of the Early Trading specified in paragraphs (c)(1)(A)–(C), proposed rule is based on NYSE Arca Session. This proposed rule text is orders and modifiers defined in Rule Rule 7.34–E(c)(1)(D) and NYSE based on NYSE Arca Rule 7.18– 7.31 would be eligible to participate in American Rule 7.34E(c)(1)(D) with a E(d)(1)(A) and NYSE American Rule the Early Trading Session. This non-substantive difference to specify 7.18E(d)(1)(A) without any substantive proposed rule text is based on NYSE that such orders would be routed until differences. The Exchange also proposes Arca Rule 7.34–E(c)(1) and NYSE the Core Trading Session begins. to amend Rule 7.18(d)(1)(B) to change American Rule 7.34E(c)(1) with a Proposed Rule 7.34(c)(2) would substantive difference not to refer to the reference from ‘‘Exchange’s Normal provide that unless otherwise specified orders ‘‘designated’’ for the Early Trading Hours’’ to the term ‘‘Core in Rule 7.34(c)(2)(A)–(B), all orders and Trading Session. In addition, because Trading Session,’’ which would be modifiers defined in Rule 7.31 would be the Exchange would not be offering a defined in proposed Rule 7.34, eligible to participate in the Core Retail Liquidity Program, the Exchange described below. Trading Session. This proposed rule text The Exchange also proposes to amend would not reference Rule 7.44. • is based on NYSE Arca Rule 7.34– Rule 7.18(a) to change the cross Proposed Rule 7.34(c)(1)(A) would provide that Pegged Orders would not E(c)(2) and NYSE American Rule reference from Rule 80C to Rule 7.11 as 7.34E(c)(2) with a substantive difference proposed Rule 7.11 would govern how be eligible to participate in the Early Trading Session. This rule text is based not to refer to orders ‘‘designated’’ for the Exchange would comply with the the Core Trading Session. In addition, LULD Plan for trading UTP Securities. in part on NYSE Arca Rule 7.34– E(c)(1)(A) and NYSE American Rule because the Exchange would not be Proposed Rule 7.34 7.34E(c)(1)(A) in the Pegged Orders offering a Retail Liquidity Program, the Proposed Rule 7.34 would establish would not be eligible to participate in Exchange would not reference Rule the Early Trading Session. The 7.44. trading sessions on the Exchange. The • Exchange proposes that on the Pillar Exchange proposes a substantive Proposed Rule 7.34(c)(2)(A) would trading platform, it would have Early difference from the NYSE Arca and provide that Market Orders in UTP and Core Trading Sessions. NYSE American rules because proposed Securities would be routed to the Accordingly, proposed Rule 7.34 is Rule 7.34(c)(1)(A) would not refer to primary listing market until the first based in part on NYSE Arca Rule 7.34– Market Orders. Market Orders entered opening print of any size on the primary E and NYSE American Rule 7.34E, with during the Early Trading Session would listing market or 10:00 a.m. Eastern the following substantive differences. be addressed in proposed Rule Time, whichever is earlier. This First, similar to NYSE American, the 7.34(c)(1)(C), described below. The proposed rule is based on NYSE Arca Exchange proposes that the Early proposed rule would further provide Rule 7.34–E(c)(2)(A) and NYSE Trading Session would begin at 7:00 that Non-Displayed Primary Pegged American Rule 7.34E(c)(2)(A) with a a.m. Eastern Time. Similar to NYSE Orders entered before the Core Trading non-substantive difference to use the Arca and NYSE American, the Exchange Session would be rejected and Primary term ‘‘UTP Securities’’ instead of would begin accepting orders 30 Pegged Orders entered before the Core referencing orders that ‘‘are not eligible Trading Session would be accepted but for the Core Open Auction.’’ minutes before the Early Trading • Session begins, which means order would not be eligible to trade until the Proposed Rule 7.34(c)(2)(B) would entry acceptance would begin at 6:30 Core Trading Session begins. This rule provide that Auction-Only Orders in a.m. Eastern Time. These differences text is based in part on both NYSE Arca UTP Securities would be accepted and would be reflected in proposed Rule Rule 7.34–E(c)(1)(A) and NYSE routed directly to the primary listing 7.34(a)(1). American Rule 7.34E(c)(1)(A), but uses market. This proposed rule is based on Second, proposed Rule 7.34(b) would terminology consistent with the NYSE Arca Rule 7.34–E(c)(2)(B) and be new and is not based on NYSE Arca Exchange’s proposed order types. NYSE American Rule 7.34E(c)(2)(B) • Rule 7.34–E(b) or NYSE American Rule Proposed Rule 7.34(c)(1)(B) would with a non-substantive difference to use provide that Limit Orders designated the term ‘‘UTP Securities’’ instead of Security that requires all market centers to halt IOC would be rejected if entered before referencing orders that ‘‘are not eligible trading in that security. the Early Trading Session begins. This for an auction on the Exchange.’’

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13567

Proposed Rule 7.34(d) would Proposed Rule 7.46 • Next, orders ranked Priority 1— establish requirements for member Section 5 of Rule 7P would establish Market Orders would trade based on organizations to provide customer requirements relating to the Plan to time. • Next, orders ranked Priority 3— disclosure when accepting orders for Implement a Tick Size Pilot Program. Non-Display Orders, other than MPL execution in the Early Trading Session. Proposed Rule 7.46 (Tick Size Pilot Orders with an MTS, would be allocated The proposed rule is based on NYSE Plan) would specify such requirements. on parity by Participant. Arca Rule 7.34–E(d) and NYSE The proposed rule is based on NYSE • Next, MPL Orders with an MTS American Rule 7.34E(d) without any American Rule 7.46E with the following would be allocated based on MTS size substantive differences. substantive differences for proposed (smallest to largest) and time. Proposed Rule 7.34(e) would provide Rule 7.46(f). First, because the Exchange Third, the Exchange would not that trades on the Exchange executed would not offer Market Pegged Orders, include rule text based on NYSE and reported outside of the Core the Exchange proposes that paragraph American Rule 7.46E(f)(G), relating to Trading Session would be designated as (f)(3) of the Rule would be designated as Limit IOC Cross Orders, which would .T trades. This proposed rule is based on ‘‘Reserved.’’ Second, the Exchange not be offered on the Exchange. Finally, NYSE Arca Rule 7.34–E(e) and NYSE proposes to set forth the priority of proposed Rules 7.46(f)(5)(F)(i)(a) and (b) American Rule 7.34E(e) without any resting orders both for ranking and for are based on NYSE Arca Rules 7.46– substantive differences. allocation. For Pilot Securities in Test E(f)(5)(F)(i)(a) and (b) and not the NYSE Group Three, proposed Rule Proposed Rule 7.38 American version of the rule because 7.46(f)(5)(A) would govern ranking NYSE American does not offer Day ISO Proposed Rule 7.38 (Odd and Mixed instead of proposed Rule 7.36(e), orders. Lot) would establish requirements described above, as follows: • The Exchange proposes that Rule 67 relating to odd lot and mixed lot trading Priority 2—Display Orders. Non- (Tick Size Pilot Plan) would not be on the Exchange. The proposed rule is marketable Limit Orders with a applicable to trading UTP Securities on based on NYSE Arca Rule 7.38–E and displayed working price would have the Pillar trading platform. NYSE American Rule 7.38E with one first priority. • substantive difference. Because orders Protected Quotations of Away Amendments to Rule 103B and 107B ranked Priority 2—Display Orders, Markets. Protected quotations of Away As described above, the Exchange including odd-lot sized orders, are on an Markets would have second priority. would not assign UTP Securities to • allocation wheel at their display price, Priority 1—Market Orders. DMMs. Accordingly, the Exchange the Exchange proposes that if the Unexecuted Market Orders would have proposes to amend Rule 103B(I) display price of an odd-lot order to buy third priority. (Security Allocation and Reallocation) • (sell) is above (below) its working price Priority 3—Non-Display Orders. to specify that UTP Securities would not (i.e., the PBBO, which is the price at Non-marketable Limit Orders for which be allocated to a DMM unit. which the odd-lot order is eligible to the working price is not displayed, In addition, because UTP Securities trade, has crossed the display price of including reserve interest of Reserve would be eligible to be assigned to that odd-lot order), the odd-lot order Orders, would have fourth priority. Supplemental Liquidity Providers, the would be ranked and allocated based on For Pilot Securities in Test Group Exchange proposes to amend Rule 107B its display price. In such case, the order Three, proposed Rule 7.46(f)(5)(B) (Supplemental Liquidity Providers) to would execute at its working price, but would set forth how an Aggressing replace the term ‘‘NYSE-listed if there is more than one odd-lot order Order would be allocated against contra- securities’’ with the term ‘‘NYSE-traded at the different display price, they side orders, instead of proposed Rule securities,’’ which would include UTP would be allocated on parity. 7.37(b)(1), described above, as follows: Securities. • First, an order with Setter Priority For example, if at 10.02, the Exchange that has a display price and working Current Rules That Would Not Be has an order ‘‘A’’ to buy 50 shares price equal to the BBO would receive Applicable To Trading UTP Securities ranked Priority 2—Display Orders, and 15% of the remaining quantity of the on Pillar at 10.01, the Exchange has an order ‘‘B’’ Aggressing Order, rounded up to the As described in more detail above, in to buy 10 shares ranked Priority 2 next round lot size or the remaining connection with the proposed rules to –Display Orders, an order ‘‘C’’ to buy 10 displayed quantity of the order with support trading of UTP Securities on the shares ranked Priority 2—Display Setter Priority, whichever is lower. An Pillar trading platform, the Exchange Orders, and an order ‘‘D’’ to buy 10 order with Setter Priority would be has identified current Exchange rules shares ranked Priority 2 –Display eligible for Setter Priority allocation if that would not be applicable because Orders, and the parity pointer is on the BBO is no longer the same as the they would be superseded by a order ‘‘C,’’ if the Away Market PBO NBBO. proposed rule. The Exchange has becomes 10.00, which crosses the • Next, orders ranked Priority 2— identified additional current rules that display price of ‘‘A,’’ ‘‘B,’’ ‘‘C,’’ and ‘‘D,’’ Displayed Orders would be allocated on would not be applicable to trading on those orders would trade at 10.00. If the parity by Participant. The remaining Pillar. These rules do not have a Exchange were to receive a Market quantity of the order with Setting counterpart in the proposed Pillar rules, Order to sell 70 shares, it would trade Priority would be eligible to participate described above, but would be obsolete at 10.00 and be allocated 50 shares to in this parity allocation, consistent with when trading UTP Securities on Pillar. ‘‘A,’’ 10 shares to ‘‘C,’’ and 10 shares to the allocation wheel position of the The main category of rules that would ‘‘D.’’ ‘‘B’’ would not receive an Participant that entered the order with not be applicable to trading on the Pillar allocation based on its position on the Setter Priority. trading platform are those rules that are allocation wheel. • Next, subject to proposed Rule specific to auctions and Floor-based The Exchange proposes that Rule 61 7.46(f)(5)(F) (describing orders with point-of-sale trading other than crossing (Recognized Quotations) would not be instructions not to route), the Exchange transactions pursuant to Rule 76. For applicable to trading UTP Securities on would route the Aggressing Order to this reason, the Exchange proposes that the Pillar trading platform. protected quotations of Away Markets. the following Floor-specific rules would

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13568 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

not be applicable to trading on the Pillar mechanism of a free and open market The Exchange believes that extending trading platform: because they provide for rules to its parity allocation model to UTP • Rule 15 (Pre-Opening Indication support the Exchange’s introduction of Securities, including extending parity and Opening Order Imbalance trading UTP Securities on the Pillar allocation for orders entered by Floor Information). trading platform. brokers, is not designed to permit unfair • Rule 77 (Prohibited Dealings and Generally, the Exchange believes that discrimination between customers, Activities). the proposed rules would remove issuers, brokers or dealers. First, • Rule 79A (Miscellaneous impediments to and perfect the although the Exchange would not have Requirements on Stock Market mechanism of a free and open market DMMs assigned to UTP Securities, the Procedures). and a national market system because Exchange proposes to maintain Floor • Rule 108 (Limitation on Members’ they would support the Exchange’s trading for UTP Securities. Similar to Bids and Offers). introduction of trading UTP Securities trading in Exchange-listed securities, • Rule 111 (Reports of Executions). in a manner that would use Pillar Floor brokers, would be able to effect • Rule 115A (Orders at Opening). crossing transactions in UTP Securities • terminology to describe how the Rule 116 (‘Stop’ Constitutes Exchange’s current Floor-based parity on the Floor, but with Exchange Guarantee). allocation model with Setter Priority employees rather than DMMs staffing • Rule 123A (Miscellaneous would operate, with specified where such trading would occur. Requirements). substantive differences from current Second, to be eligible to be included • Rule 123B (Exchange Automated rules, and introduce Pillar rules for the in the Floor Broker Participant, and thus Order Routing System). be eligible for a parity allocation, the • Rule 123C (The Closing Exchange that are based on the rules of its affiliated markets, NYSE Arca and Floor broker that entered the order must Procedures). be engaged in a Floor broker business in • Rule 123D (Openings and Halts in NYSE American. With respect to how UTP Securities Exchange-listed securities. The Trading) Exchange believes that this requirement • would be ranked, displayed, executed, Rule 127 (Block Crosses Outside the provides a nexus between Exchange and routed on Pillar, the Exchange Prevailing NYSE Quotation). Floor trading in Exchange-listed believes that proposed Rules 7.36(a)–(g) In addition, as noted above, the securities and the extension of that and proposed Rules 7.37(a) and (c)–(g) Exchange would not offer a Retail model to trading in UTP Securities. Liquidity Program when it trades on the would remove impediments to and Third, because member organizations Pillar trading platform. Proposed rules perfect the mechanism of a free and operating as Floor brokers would be that are based on NYSE Arca rules that open market and a national market trading on the floor of an exchange, they include a cross reference to NYSE Arca system because these rules would use would be subject to restrictions on Rule 7.44–E would not include that rule Pillar terminology that is based on the trading for their own account set forth reference. The Exchange also proposes approved rules of NYSE Arca and NYSE in Section 11(a)(1) of the Act and rules that Rule 107C would not be applicable American. The Exchange believes that thereunder. Moreover, the Exchange to trading UTP Securities on the Pillar proposed Rule 7.36(h), which would proposes to specify in proposed Rule trading platform. establish Setter Priority, would remove 7.36 that for an order to be eligible to * * * * * impediments to and perfect the be included in the Floor Broker As discussed above, because of the mechanism of a free and open market Participant, it cannot be for the account technology changes associated with the and a national market system because of the Floor broker or any associated migration to the Pillar trading platform, the proposed rule is based on current persons (unless entered via an error the Exchange will announce by Trader Rule 72(a), with substantive differences account pursuant to Rule 134). Update when the Pillar rules for trading designed to encourage the display of Because Floor brokers trading in UTP UTP Securities will become operative. aggressively-priced orders by requiring Securities would not be permitted to that an order not only establish the trade for their own accounts, they 2. Statutory Basis BBO, but also establish or join the would not be permitted to engage in the The proposed rule change is NBBO to be eligible for Setter Priority. type of customer-based principal trading consistent with Section 6(b) of the The Exchange similarly believes that activities of a member organization that Securities Exchange Act of 1934 (the proposed Rule 7.37(b), which would use enters orders from off the Floor of the ‘‘Act’’),47 in general, and furthers the Pillar terminology to describe how an Exchange. Therefore, an allocation to an objectives of Section 6(b)(5),48 in Aggressing Order would be allocated, individual Floor broker under the particular, because it is designed to would remove impediments to and Exchange’s proposed allocation model prevent fraudulent and manipulative perfect the mechanism of a free and would always accrue to the customer of acts and practices, to promote just and open market and a national market that Floor broker (or customers if equitable principles of trade, to foster system because it is based on current multiple orders are represented by a cooperation and coordination with Rule 72(b) and (c). The Exchange Floor broker). Conversely, because a persons engaged in facilitating believes that the proposed substantive member organization operating a Floor transactions in securities, to remove difference to maintain separate broker may trade on behalf of customers impediments to, and perfect the allocation wheels for displayed and only, it would never receive a Floor mechanism of, a free and open market non-displayed orders at each price broker parity allocation for proprietary and a national market system and, in would promote just and equitable trading. As such, the Exchange does not general, to protect investors and the principles of trade because it would consider the proposed parity allocation public interest. The Exchange believes allow for Exchange member model for UTP Securities as a Floor that the proposed rules to support Pillar organizations to establish their position broker ‘‘benefit,’’ but rather as an on the Exchange would remove on an allocation wheel at each price allocation model choice for customers. impediments to and perfect the point, rather than rely on their position This choice remains relevant in on a single allocation wheel that would today’s more electronic market. As 47 15 U.S.C. 78f(b). be applicable to trades at multiple price broker-dealers and institutional 48 15 U.S.C. 78f(b)(5). points. investors have reduced the number of

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13569

natural persons on their own off-Floor models are available to all customers providing orders promote the display of trading desks, Floor brokers have come that use a member organization to enter liquidity on the Exchange. to serve as an extension of the more orders on the Exchange; having such That volume of Floor broker intra-day thinly staffed trading desks of other choice would not unfairly discriminate trading also demonstrates that broker-dealers or institutional investors, among customers. customers have similarly exercised their but at a variable cost. This is an The Exchange also believes that its choice not to use Floor brokers. If there important function that the Floor proposal to make its existing parity were an inherent benefit to the Floor brokers play as an agency broker allocation model, as modified for the broker parity allocation that without conflicts and fills a void for Pillar trading platform, available for distinguishes it as superior to the Book firms that have chosen to allocate UTP Securities would remove Participant allocation, it would likely resources away from trading desks. In impediments to and perfect the follow that there would be greater addition to this role, Floor brokers mechanism of a free and open market proportion of intra-day order flow provide services for more illiquid because it would extend the Exchange’s directed to Floor brokers in NYSE-listed securities, which upstairs trading desks choice-based allocation model to all securities. But that is not the case. In may not be staffed to manage. securities that would trade on the sum, the current NYSE-listed intra-day Importantly, when providing such Exchange in a manner that is consistent Floor broker provide volume agency trading services, a Floor broker with its Trading Floor model. For demonstrates that using a Floor broker is unconflicted because he or she is not market participants other than DMMs, has value to certain customers, but also trading for his own account and does the Exchange does not believe that there demonstrates that the parity allocation not sell research to customers. Floor is an inherent benefit of one method of to a Floor broker is not the only brokers therefore can focus on price allocation on the Exchange over component of a customer’s decision discovery and volume discovery on another. Market participants that are about how to send its orders to the behalf of their customers, while at the latency sensitive—whether for Exchange. With this filing, the Exchange same time managing their customers’ proprietary or agency-based trading— proposes to extend that choice to UTP order flow to ensure that it does not may choose to use the off-exchange Securities, thereby benefiting the impact pricing on the market (e.g., order entry method because of the ultimate customer of the Floor broker. executing large positions on behalf of a relative speed of that order entry path as The Exchange further believes that its customer). As discussed above, when compared to Floor broker order entry proposed parity allocation model for managing such customer order flow, and availability of Setter Priority UTP Securities would remove Floor brokers trading in UTP Securities allocation. By contrast, market impediments to and perfect the would continue to be subject to participants that are not as latency mechanism of a free and open market Exchange rules that are unique to Floor sensitive or are seeking an unconflicted and a national market system because it brokers, including Rules 95, 122, 123, agent to manage their order flow and is a competitive offering vis-a`-vis other and paragraphs (d)–(j) of Rule 134. potentially negotiate a large crossing exchange competitors, which offer Fourth, any member organization can transaction may choose to use a Floor variations on a price-time priority choose to have a Floor broker operation broker. models, and over-the-counter trading. and thus have direct access to Floor The Exchange believes that intra-day The Exchange is currently the only broker parity allocations on behalf of its trading volume entered by Floor brokers registered exchange that does not trade customers. The Exchange does not in NYSE-listed securities, which are non-Exchange listed securities on a UTP charge member organizations for the use subject to the Exchange’s existing parity basis. Additionally, the Exchange of booth space on the Floor, and allocation model, demonstrates how currently is the only registered exchange therefore there would be minimal to no customers have already exercised this that makes available Floor-based trading extra cost for a member organization to choice. In October 2017, orders from for cash equity securities. The Exchange have a Floor business. Indeed, a smaller Floor brokers represented proposes to extend the availability of firm that moves its entire operation to approximately 5.5% of the intra-day this feature by maintaining Floor-based the NYSE Floor could have reduced liquidity-providing volume on the crossing transactions when it launches costs as compared to a firm that needs Exchange in NYSE-listed securities (the trading in UTP Securities. The Exchange to pay for office space. Because there is parity allocation model is only believes that trading UTP Securities is a fair access to any member organization applicable to provide volume).50 The natural extension of its current offering to engage in a Floor broker operation, Exchange believes that this volume of trading Exchange-listed securities, the differences between how an order is demonstrates that there is still a value which also trade on a parity allocation allocated to a Floor Broker Participant to the end customer—who has a model. The Exchange believes it would and Book Participant would not unfairly choice—to use a Floor broker. As promote competition to offer this discriminate among Exchange member discussed above, Floor brokers can be allocation model for all securities that organizations. distinguished from off-Floor agency would trade on the Exchange, thereby Finally, customers relying on agency member organizations because they providing an alternative allocation broker-dealers to represent their orders operate a pure agency business and do model for UTP Securities. Conversely, on the Exchange can choose whether to not trade for their own accounts. There Floor brokers on the Exchange would be use a Floor broker or a member are customers that value that conflict- able to expand the services they provide organization that only uses off-exchange free model. In addition, Floor brokers to customers by being able to manage order entry methods.49 In some cases, distinguish themselves by providing order flow in UTP Securities in addition customers choose to use a member high-touch service to their customers. to Exchange-listed securities. The organization that offers both order entry Floor brokers that attract liquidity- Exchange also believes that this methods. But the different allocation proposed allocation model would 50 Over 75% of Floor broker traded volume in promote intra-market competition by 49 Floor broker customers are generally other NYSE-listed securities is for auctions. However, offering a menu of choices to market broker-dealers or institutional investors. Retail because the Exchange would not be conducting participants of how their orders in UTP investors generally do not interact directly with auctions in UTP Securities, the relative benefits of either Floor brokers or the trade desks of member a parity allocation to a Floor broker in an auction Securities would be allocated on the organizations that route orders to the Exchange. would not be applicable. Exchange.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13570 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

While the parity allocation model is a mechanism of a free and open market NYSE American function on Pillar, in competitive offering, its origins are and a national market system because that neither lead market makers (on derived from the Floor-based trading they are based on the rules of NYSE NYSE Arca) nor electronic designated model of the Exchange. Accordingly, the Arca and NYSE American. The market makers (on NYSE American) are Exchange believes that it would remove proposed substantive differences to the assigned securities not listed on those impediments to and perfect the Exchange’s rules would be because the exchanges. The Exchange further mechanism of a free and open market Exchange would not be offering the full believes that it would remove and a national market system to provide suite of orders and modifiers available impediments to and perfect the for Floor-based crossing transactions on NYSE Arca and NYSE American. In mechanism of a free and open market and to extend existing requirements addition, the Exchange proposes and a national market system for relating to Floor brokers for orders in substantive differences to these rules member organizations to be eligible to UTP Securities that seek to be eligible consistent with the Exchange’s register as Supplemental Liquidity to be included in the Floor Broker proposed parity allocation model. The Providers in UTP Securities as this Participant. First, as noted above, the Exchange believes that the proposed would provide an incentive for Floor broker must trade on an agency- substantive differences for these rules displayed liquidity in UTP Securities. only basis and would continue to be would remove impediments to and The Exchange further believes that it subject to rules that are unique to a perfect the mechanism of a free and would remove impediments to and Floor broker, including requirements open market and a national market perfect the mechanism of a free and specified in Rules 95, 122, 123, and system because they would provide open market and a national market 134(d)–(j). Second, consistent with transparency of which orders, modifiers system to specify which current rules current Rule 70 requirements, for orders and instructions would be available on would not be applicable to trading UTP in UTP Securities to be eligible to be the Exchange when it begins trading Securities on the Pillar trading platform. included in the Floor Broker UTP Securities on the Pillar trading The Exchange believes that the Participant, such orders must be entered platform, and how the Pillar rules following legend, which would be by a Floor broker while on the Trading would function with a parity allocation added to existing rules, ‘‘This Rule is Floor. model. not applicable to trading UTP Securities In addition, because the parity The Exchange believes that the on the Pillar trading platform,’’ would allocation model is based on the history proposed substantive differences to Rule promote transparency regarding which of the Exchange as a Floor-based model, 7.34 to offer Early and Core Trading rules would govern trading UTP the Exchange believes that for orders in Sessions, but not a Late Trading Securities on the Exchange on Pillar. UTP Securities to be eligible to be Session, would remove impediments to The Exchange has proposed to add this included in the Floor Broker and perfect the mechanism of a free and legend to rules that would be Participant, the Floor broker open market and a national market superseded by proposed rules or rules representing such orders must also be system because it is consistent with the that would not be applicable because engaged in a Floor broker business in Exchange’s current hours, described in they relate to auctions or Floor-based Exchange-listed securities. Trading in Rule 51, that the Exchange is not open point-of-sale trading. UTP Securities on the Trading Floor is for business after 4:00 p.m. Eastern B. Self-Regulatory Organization’s designed to complement a Floor Time. The Exchange further believes Statement on Burden on Competition broker’s existing role in representing that adding a trading session before 9:30 orders in Exchange-listed securities a.m. Eastern Time would provide The Exchange does not believe that because it would enable such Floor additional time for Exchange member the proposed rule change will impose brokers to trade additional securities on organizations to trade UTP Securities on any burden on competition that is not behalf of their customers. For example, the Exchange consistent with the necessary or appropriate in furtherance a Floor broker would be better trading hours of other exchanges, of the purposes of the Act. The positioned to process baskets of including NYSE American, which also proposed change is designed to propose securities that include Tape A, B, and C will begin trading at 7:00 a.m. Eastern rules to support trading of UTP securities and enter all such orders on Time. Securities on the Exchange’s new Pillar the Exchange. By offering the parity The Exchange believes that the trading platform. The Exchange operates allocation model for UTP Securities, a proposed amendments to Rules 103B in a highly competitive environment in Floor broker would not need to and 107B would remove impediments which its unaffiliated exchange segregate its orders in UTP Securities to and perfect the mechanism of a free competitors operate multiple affiliated into different trading strategies than and open market and a national market exchanges that operate under common what would be offered for Exchange- system because they would provide rules. By adding trading of UTP listed securities. Because Floor broker transparency that the Exchange would Securities on the Exchange, the trading in UTP Securities is designed to not be assigning UTP Securities to Exchange believes that it will be able to function in tandem with trading in DMMs and that member organizations compete on a more level playing field Exchange-listed securities, the Exchange would be eligible to register as a with its exchange competitors that believes that it would remove Supplemental Liquidity Providers in similarly trade all NMS Stocks. In impediments to and perfect the UTP Securities. The Exchange further addition, by basing certain rules on mechanism of a free and open market believes that not assigning DMMs to those of NYSE Arca and NYSE and a national market system to require UTP Securities is consistent with just American, the Exchange will provide its such nexus because it would ensure that and equitable principles of trade members with consistency across member organizations would not seek to because the Exchange would not be affiliated exchanges, thereby enabling conduct a stand-alone Floor broker conducting auctions in UTP Securities the Exchange to compete with business in only UTP Securities. and therefore the Exchange would not unaffiliated exchange competitors that The Exchange believes that proposed need DMMs assigned to such securities similarly operate multiple exchanges on Rules 7.10, 7.11, 7.16, 7.18, 7.31, 7.34, to facilitate auctions. Not having DMMs the same trading platforms. 7.38, and 7.46 would remove registered in UTP Securities is also More specifically, the Exchange does impediments to and perfect the consistent with how NYSE Arca and not believe that the proposal to extend

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13571

the Exchange’s existing parity allocation parity allocation and the exclusive use explains that pegged orders model, as modified for Pillar, to UTP of certain order types (i.e., pegged automatically repriced to a new price Securities would impose a burden on orders).51 The commenter asserts that level and that, therefore, pegged orders competition that is not necessary or providing floor brokers with preferential have a time advantage over all other appropriate in furtherance of the treatment in a fully electronic trading orders that seek to be entered at the purposes of the Act. To the contrary, the environment, the market for UTP revised price.62 Exchange believes that the proposal Securities, unfairly discriminates IV. Discussion and Commission would promote inter-market against market participants who do not Findings competition by providing market submit orders through a Floor Broker.52 participants with the choice of a parity According to the commenter, parity After careful review, the Commission allocation model together with Floor provides floor brokers with a distinct finds that the proposed rule change, as crossing transactions for trading UTP unfair competitive advantage over other modified by Amendment No. 1, is Securities, which is not available on any market participants, such as customers consistent with the requirements of the other exchange. For the Exchange’s and broker-dealers.53 Act and the rules and regulations listed securities, its competitive offering The commenter states that floor thereunder applicable to a national includes not only its parity allocation brokers do not have the restrictions of securities exchange.63 In particular, the model, but also its auctions. Designed as time priority when they receive parity Commission finds that the proposed a complement to existing Floor broker and can ‘‘skip the line.’’ 54 According to rule change is consistent with Section operations in Exchange-listed securities the commentor, floor brokers can insert 6(b)(5) of the Act 64—which requires, and consistent with the Exchange’s themselves into the parity wheel and among other things, that the rules of a current trading model, the Floor Broker buy and sell during price disparities to national securities exchange be Participant parity allocation for UTP liquidate or acquire positions at designed to prevent fraudulent and Securities would be available only to beneficial prices.55 The commentor manipulative acts and practices, to Floor brokers that engage in Floor asserts that this would disadvantage promote just and equitable principles of trading of Exchange-listed securities, customers and broker-dealers, even trade, to foster cooperation and and such Floor brokers would be though, like the floor brokers, they add coordination with persons engaged in eligible to engage in manual liquidity to the market.56 The facilitating transactions in securities, to transactions under Rule 76 for UTP commenter further assert that this remove impediments to and perfect the Securities. In addition, to be eligible for would also disadvantages other mechanism of a free and open market a parity allocation, Floor brokers must members and their orders, including and a national market system, and, in enter such orders on the Trading Floor orders routed from other trading centers, general, to protect investors and the and could only trade on an agency basis. which are aggregated into one public interest, and that the rules not be Moreover, any trading in UTP Securities participant and receive one slot on the designed to permit unfair by Floor brokers would be subject to parity wheel.57 discrimination between customers, existing rules that apply only to Floor According to the commenter, many issuers, brokers, or dealers—and with brokers, such as Rules 95, 122, 123, and entities cannot, as a practical matter, Section 6(b)(8) of the Act,65 which 134(d)–(j). take advantage of the floor brokers’ requires that the rules of a national The Exchange further believes that the parity allocations, and that those that securities exchange not impose any proposal would promote intra-market can use the services of floor brokers may burden on competition that is not competition because it would provide a route more orders through them to get necessary or appropriate in furtherance choice to customers of how their orders the advantage of parity.58 The of the purposes of the Act. The in UTP Securities would be allocated on commenter believes that floor brokers Commission further finds that the the Exchange. For certain customers, could take advantage of this by charging proposed rule change is consistent with entering orders via the Book Participant higher transaction fees to customers.59 Section 12(f) of the Act,66 which permits may serve their trading strategies. For The commenter asserts that orders a national securities exchange to trade other customers, using a Floor broker for submitted by the floor broker do not securities it does not list, pursuant to intra-day trading may serve their trading represent manual interest, but are the unlisted trading privileges, as long as strategies. Importantly, the results of a byproduct of the floor broker reselling the securities are listed on another Floor broker allocation would always algorithms or other electronic access to national securities exchange. accrue to the customer, and whether to their privileged position on the parity The Exchange proposes to trade, for use a Floor broker is the customer’s wheel.60 the first time, securities that it does not choice. Accordingly, this proposed The commenter also states that list, and it proposes to do so using a market structure is not about providing providing floor brokers with the new technology platform—the Pillar a ‘‘benefit’’ to a Floor broker, but rather exclusive use of pegged orders provides platform that has been deployed to date providing customers with a choice of them an unjustified competitive on the Exchange’s affiliated exchanges how an order would be allocated. advantage over customers and broker- NYSE Arca and NYSE American. The dealers when trading securities proposed rules for UTP trading would C. Self-Regulatory Organization’s electronically.61 The commenter govern clearly erroneous executions, Statement on Comments on the limit-up-limit-down plan compliance, Proposed Rule Change Received From 51 See Cboe Letter, supra note 9. short sales, trading halts, orders and Members, Participants, or Others 52 See id. at 1–2. 53 Id. at 2. No written comments were solicited 62 Id. 54 Id. 63 In approving this proposed rule change, as or received with respect to the proposed 55 Id. modified by Amendment No. 1, the Commission rule change. 56 Id. has considered the proposed rule’s impact on III. Summary of Comments Received 57 Id. efficiency, competition, and capital formation. See 58 Id. 15 U.S.C. 78c(f). The Commission received one 59 Id. 64 15 U.S.C. 78f(b)(5). comment letter, which opposes NYSE’s 60 Id. at 2–3. 65 15 U.S.C. 78f(b)(8). proposal to provide floor brokers with 61 Id. at 3. 66 15 U.S.C. 78l(f).

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13572 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

modifiers, order ranking and display, 6(b)(5) and Section 6(b)(8) of the Act,70 market participants with a choice as to order execution and routing, odd and the Commission specifically requested how their orders are executed, asserting mixed lots trading, and tick-size pilot comments concerning the role of floor that market participants who do not plan compliance, and the proposal brokers in trading UTP Securities on the wish to invest in speed-related would also designate the current Exchange; 71 on the benefits and costs of technology, who have a thinly staff Exchange rules that are not applicable to floor-broker activities with respect to trading desk, or who would like to UTP Securities. trading of UTP Securities; 72 and on execute a large crossing transaction Trading of UTP Securities on the whether providing floor brokers with could utilize the services of a floor Exchange would differ in two parity allocation in UTP Securities, or broker. According to the Exchange, significant respects from trading in providing floor brokers with exclusive trading UTP Securities using a parity NYSE-listed securities.67 First, the use of certain order instructions, would model would also benefit competition Exchange would not conduct auctions unfairly discriminate or impose an by providing an alternative trading in UTP Securities. And second, the unfair burden on competition that is not model for trading those securities. The Exchange would not assign UTP necessary or appropriate.73 The one Exchange asserts that floor brokers serve securities to DMMs, which have comment letter received opposes the an important role as an agency broker affirmative obligations to support a fair proposal, arguing that parity allocation without conflicts, especially for illiquid and orderly market, and to facilitate in a fully electronic market would securities. The Exchange also notes that auctions, in their assigned securities.68 provide floor brokers, by allowing them any member organization can choose to The Commission believes that these to ‘‘skip the line,’’ with an unfair become a floor broker and that the distinctions between NYSE-listed advantage vis-a`-vis other market Exchange does not charge member securities and UTP Securities are participants that also add liquidity to organizations for the use of space on the consistent with UTP trading of the market, and that floor brokers might trading floor. securities generally, and that these take advantage of their preferential The Commission believes that the distinctions are consistent with the treatment on the parity wheel by changes to the proposal in Amendment requirements of the Act. charging higher transaction fees. The No. 1 have sufficiently addressed the The Commission also notes that, commenter also argues that the Commission’s and the commenter’s while the proposed trading rules are exclusive use of pegged orders by floor concerns regarding the proposal’s similar in most respects to previously brokers would similarly provide them consistency with the Act. The proposal, approved rules of NYSE Arca and NYSE with an unfair competitive advantage. as amended, represents a measured American—which also use the Pillar The Commission notes that, in extension of the Exchange’s existing trading platform 69—they differ in Amendment No. 1 to its proposal, the market model (including the potential Exchange has responded to the for floor-based trading added by certain material ways. Most notably, the questions raised by the Commission, Amendment No. 1) to trading in UTP Exchange will extend its current parity and the concerns expressed by the Securities, while ensuring that the allocation model to the execution of commenter, by modifying its proposal to ability of floor brokers to obtain parity trades in UTP Securities, rather than require that floor brokers be engaged in allocation is limited to those floor using the strict price-time priority a floor-broker business in NYSE-listed brokers who are engaged in a bona fide allocation of NYSE Arca and NYSE securities in order to be eligible for agency business while physically on the American, and this parity allocation parity allocation in UTP Securities; to trading floor of the Exchange, with the model would allow each floor broker’s expressly require that orders in UTP benefit of parity allocations flowing to orders to trade on parity with orders on Securities be entered from the Exchange the customers of the floor brokers. Floor the Exchange book. Only floor brokers floor in order to be eligible for parity 74; brokers, as agency-only market engaged in a floor-broker business for and to provide for a floor-based point of participants, would not be able to use NYSE-listed securities would be eligible sale for crossing transactions.75 either parity allocations or pegging for parity allocation. Additionally, Additionally, the Exchange has added orders to liquidate or acquire their own Exchange floor brokers would only be substantial further explaination of the proprietary positions. Finally, with able to enter orders for parity allocation role that floor brokers play as agency respect to concerns regarding while physically on the floor of the brokers on behalf of their customers. competition, the Exchange has Exchange, and they could not engage in The Exchange argues that the parity representated that, in October 2017, proprietary trading using parity allocation model for UTP Securities is floor-broker orders receiving parity allocation. Finally, there would also be based on the historically floor-based executions (all of which are liquidity- a floor-based point of sale, supervised model of the Exchange and that trading providing orders) represented only by Exchange employees, where floor in UTP Securities is designed to about 5.5% of the intraday liquidity- brokers would be able cross trades in complement the floor broker’s existing providing volume on the Exchange in UTP securities. role in NYSE-listed securities, which NYSE-listed securities.76 Given that When instituting proceedings to includes both parity allocation and the parity allocation and the exclusive use determine whether the Exchange’s use of pegging orders. The Exchange of pegging orders do not appear to have proposal was consistent with Section argues that the proposed parity burdened competition in NYSE-listed allocation model in UTP Securities securities, the Commission does not 67 NYSE represents that it will continue to trade would benefit competition by providing have a reason to believe that permitting NYSE-listed securities on its current trading the Exchange to trade UTP Securities platform. The Exchange intends to migrate trading 70 in NYSE-listed securities to Pillar at a later date. See Order Instituting Proceedings, supra note 7, with a similar intraday role for floor See supra note 17. at 52761. brokers will provide those floor brokers 71 68 See NYSE Rule 104(a) (stating that ‘‘DMMs Id. with an unfair competitive advantage. registered in one or more securities trading on the 72 Id. The Commission also finds that the 73 Exchange must engage in a course of dealings for Id. proposed rule change is consistent with their own account to assist in the maintenance of 74 See Proposed NYSE Rule 7.36(a)(5). a fair and orderly market insofar as reasonably 75 As explained above, NYSE proposes to permit Section 12(f) of the Act. Section 12(a) of practicable.’’). floor brokers to enter into crossing transactions 69 See supra notes 12 and 13. pursuant to NYSE Rule 76. 76 See supra note 50 and accompanying text.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13573

the Act 77 generally prohibits trading on The proposed rules provide for those that may be withheld from the an exchange of any security that is not transactions in the class or type of public in accordance with the registered (listed) on that exchange. security to which the Exchange intends provisions of 5 U.S.C. 552, will be Section 12(f) of the Act,78 however, to extend unlisted trading privileges. available for website viewing and allows a national securities exchange to Together with the existing Exchange printing in the Commission’s Public extend unlisted trading privileges—i.e., rules for trading on Pillar—NYSE Rules Reference Room, 100 F Street NE, to allow trading in a security that is not 1P to 13P—the Exchange would have Washington, DC 20549, on official listed and registered on that exchange— rules providing for transactions in the business days between the hours of to securities that are registered on class or type of security to which the 10:00 a.m. and 3:00 p.m. Copies of the another national securities exchange. exchange proposes to extend unlisted filing also will be available for When an exchange extends unlisted trading privileges, and, therefore, the inspection and copying at the principal trading privileges to a security, the proposal is consistent with Section 12(f) office of the Exchange. All comments exchange allows its members to trade of the Act. received will be posted without change. the security as if the security were listed Because the proposal, as amended, is Persons submitting comment are on that exchange.79 consistent with Sections 6(b)(5), 6(b)(8), cautioned that we do not redact or edit The UTP Act of 1994 80 substantially and 12(f) of the Act, the Commission personal identifying information from amended Section 12(f) of the Act. Before finds good cause, pursuant to Section comment submissions. You should 1994, national securities exchanges had 19(b)(2) of the Act,84 to approve the submit only information that you wish to apply to the Commission for approval proposed rule change on an accelerated to make available publicly. All before extending unlisted trading basis. submissions should refer to File privileges to a particular security. The Number SR–NYSE–2017–36, and UTP Act removed the application, V. Solicitation of Comments on should be submitted on or before April notice, and Commission approval Amendment No. 1 19, 2018. process from Section 12(f) of the Act, Interested persons are invited to VI. Accelerated Approval of the except in cases of Commission submit written data, views, and Proposed Rule Change, as Modified by suspension of unlisted trading arguments concerning whether Amendment No. 1 privileges in a particular security on an Amendment No. 1 is consistent with the exchange. Accordingly, under Section Act. Comments may be submitted by The Commission finds good cause to 12(f) of the Act, exchanges may any of the following methods: approve the proposed rule change, as immediately extend unlisted trading modified by Amendment No. 1, prior to privileges to a security listed on another Electronic Comments the thirtieth day after the date of exchange. Pursuant to Rule 12f–5 under • Use the Commission’s internet publication of Amendment No. 1 in the the Act,81 a national securities exchange comment form (http://www.sec.gov/ Federal Register. In Amendment No. 1, shall not extend unlisted trading rules/sro.shtml); or among other changes, the Exchange: (i) privileges to any security, unless the • Send an email to rule-comments@ Responds to the Commission’s concerns national securities exchange has in sec.gov. Please include File Number SR– in the Order Instituting Proceedings effect a rule or rules providing for NYSE–2017–36 on the subject line. relating to the extension of parity to transactions in the class or type of floor brokers in UTP Securities by (a) Paper Comments security to which the exchange extends proposing additional requirements for unlisted trading privileges. • Send paper comments in triplicate floor broker orders to be eligible for The proposal would establish to Secretary, Securities and Exchange parity, (b) proposing to permit floor Exchange rules providing for Commission, 100 F Street, NE, brokers to engage in floor-based point- transactions on securities that are listed Washington, DC 20549–1090. of-sale trading and crossing transactions on other national securities exchanges. All submissions should refer to File in UTP Securities, and (c) providing As a national securities exchange, the Number SR–NYSE–2017–36. This file additional justification for providing Exchange is permitted under Section number should be included on the floor brokers with parity in UTP 12(f) of the Act 82 to extend unlisted subject line if email is used. To help the Securities; (ii) amends the definition of trading privileges to securities listed Commission process and review your Aggressing Order to include that a and registered on other national comments more efficiently, please use resting order may become an Aggressing securities exchanges, subject to Rule only one method. The Commission will Order if its working price change, the 12f–5 under the Act. The Commission post all comments on the Commission’s PBBO or NBBO is updated, when there notes that the Exchange’s current rules internet website (http://www.sec.gov/ are changes to other orders on the would allow the Exchange to extend rules/sro.shtml). Copies of the Exchange Book, or when processing unlisted trading privileges to any submission, all subsequent inbound messages; (iii) amends the security that is an NMS Stock listed on amendments, all written statements rules relating to the MPL Order and another national securities exchange.83 with respect to the proposed rule MTS Modifier to reflect those of NYSE change that are filed with the Arca and NYSE American and sets forth 77 15 U.S.C. 78l(a). Commission, and all written additional rules relating setting forth 78 15 U.S.C. 78l(f). communications relating to the how orders with an MTS Modifier 79 Over-the-counter (‘‘OTC’’) dealers are not would trade in a parity-based model; subject to the Section 12(a) registration requirement proposed rule change between the because they do not transact business on an Commission and any person, other than (iv) makes changes to the list of rules exchange. that are not applicable for parity; (v) 80 Pub. L. 103–389, 108 Stat. 4081 (1994). Act) that is listed on another national securities makes changes to proposed NYSE Rules 81 17 CFR 240.12f–5. exchange or with respect to which unlisted trading 7.37 and 7.46 to refer to an order with 82 15 U.S.C. 78l. privileges may otherwise be extended in accordance an MTS as an order with an ‘‘MTS 83 See NYSE Rule 5.1 (‘‘Notwithstanding the with Section 12(f) of the Act. Any such security will Modifier’’; (vi) changes cross-references requirements for listing set forth in these Rules, the be subject to all Exchange trading rules applicable Exchange may extend unlisted trading privileges to securities trading on the Pillar trading platform, to NYSE Arca’s rules to reflect the (‘‘UTP’’) to any security that is an NMS Stock (as unless otherwise noted.’’). merger of NYSE Arca and NYSE Arca defined in Rule 600 of Regulation NMS under the 84 15 U.S.C. 78s(b)(2). Equities, and (vii) makes changes to

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13574 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

reflect the renaming of NYSE MKT to change pursuant to Section 19(b)(3)(A) cause a Non-Displayed 6 order to trade NYSE American. of the Act 3 and Rule 19b–4(f)(6)(iii) ahead of a Displayed 7 order. As discussed above, Amendment No.1 thereunder,4 which renders it effective In sum, a Minimum Execution addresses the Commission’s concerns upon filing with the Commission. The Quantity is a non-displayed order that and the comment letter received. The Commission is publishing this notice to enables a User 8 to specify a minimum definitions of Aggressing Order, the solicit comments on the proposed rule share amount at which the order will MPL Order, and the MTS Modifier are change from interested persons. execute.9 An order with a Minimum similar to the rules of NYSE Arca, Execution Quantity will not execute which have been approved by the I. Self-Regulatory Organization’s unless the volume of contra-side Commission previously, with adaptions Statement of the Terms of Substance of liquidity available to execute against the for the Exchange’s parity allocation the Proposed Rule Change order meets or exceeds the designated model. The remaining changes are non- minimum size. By default, an order with The Exchange filed a proposal to substantive. Accordingly, the a Minimum Execution Quantity Commission finds good cause, pursuant amend paragraph (h) of Exchange Rule instruction will execute upon entry 85 11.6 describing the operation of orders against a single order or multiple to Section 19(b)(2) of the Act, to 5 approve the proposed rule change, as with a Minimum Execution Quantity aggregated orders simultaneously. The modified by Amendment No. 1, on an instruction. Exchange recently amended the accelerated basis. The text of the proposed rule change operation of the Minimum Execution is available at the Exchange’s website at Quantity instruction to permit a User to VII. Conclusion www.markets.cboe.com, at the principal alternatively specify the order not It is therefore ordered, pursuant to office of the Exchange, and at the execute against multiple aggregated Section 19(b)(2) of the Act,86 that the Commission’s Public Reference Room. orders simultaneously and that the proposed rule change (SR–NYSE–2017– minimum quantity condition be 36), as modified by Amendment No. 1, II. Self-Regulatory Organization’s satisfied by each individual order be, and hereby is, approved on an Statement of the Purpose of, and resting on the EDGX Book.10 accelerated basis. Statutory Basis for, the Proposed Rule The Exchange also recently amended For the Commission, by the Division of Change the operation of the Minimum Execution Quantity instruction to re- Trading and Markets, pursuant to delegated In its filing with the Commission, the authority.87 price incoming orders with the Exchange included statements Jill M. Peterson, Minimum Execution Quantity concerning the purpose of and basis for Assistant Secretary. instruction where that order may cross the proposed rule change and discussed an order posted on the EDGX Book.11 [FR Doc. 2018–06339 Filed 3–28–18; 8:45 am] any comments it received on the Specifically, where there is insufficient BILLING CODE 8011–01–P proposed rule change. The text of these size to satisfy an incoming order’s statements may be examined at the minimum quantity condition and that SECURITIES AND EXCHANGE places specified in Item IV below. The incoming order, if posted at its limit COMMISSION Exchange has prepared summaries, set price, would cross an order(s), whether forth in Sections A, B, and C below, of displayed or non-displayed, resting on [Release No. 34–82943; File No. SR– the most significant parts of such the EDGX Book, the order with the CboeEDGX–2018–008] statements. minimum quantity condition would be re-priced to and ranked at the Locking Self-Regulatory Organizations; Cboe A. Self-Regulatory Organization’s Price.12 This functionality has not yet EDGX Exchange, Inc.; Notice of Filing Statement of the Purpose of, and been implemented 13 and the Exchange and Immediate Effectiveness of a Statutory Basis for, the Proposed Rule Proposed Rule Change To Amend Change 6 See also Exchange Rule 11.6(c)(2) for a Paragraph (h) of Exchange Rule 11.6 definition of the Non-Displayed instruction. Describing the Operation of Orders 1. Purpose 7 See Exchange Rule 11.6(c)(1) for a definition of With a Minimum Execution Quantity the Displayed instruction. The Exchange proposes to amend 8 Instruction The term ‘‘User’’ is defined as ‘‘any Member or paragraph (h) of Exchange Rule 11.6 Sponsored Participant who is authorized to obtain March 23, 2018. describing the operation of orders with access to the System pursuant to Rule 11.3.’’ See a Minimum Execution Quantity Exchange Rule 1.5(ee). Pursuant to Section 19(b)(1) of the 9 A Minimum Execution Quantity instruction Securities Exchange Act of 1934 (the instruction by removing language that may only be added to an order with a Non- ‘‘Act’’),1 and Rule 19b–4 thereunder,2 provided for the re-pricing of incoming Displayed instruction or a Time-in-Force of notice is hereby given that on March 16, orders with a Minimum Execution Immediate-or-Cancel. See Exchange Rule 11.6(h). 2018, Cboe EDGX Exchange, Inc. (the Quantity instruction to avoid an 10 See Securities Exchange Act Release No. 81457 (August 22, 2017), 82 FR 40812 (August 28, 2017) ‘‘Exchange’’ or ‘‘EDGX’’) filed with the internally crossed book. As a result of (SR–BatsEDGX–2017–34). This functionality is Securities and Exchange Commission this change, the Exchange proposes to pending deployment and the implementation date (‘‘Commission’’) the proposed rule specify within the rule when an order will be announced via a trading notice. change as described in Items I, II, and with a Minimum Execution Quantity 11 Id. III below, which Items have been instruction would not be eligible to 12 ‘‘Locking Price’’ is defined as ‘‘[t]he price at which an order to buy (sell), that if displayed by prepared by the Exchange. The trade to prevent executions from the System on the EDGX Book, either upon entry Exchange has designated this proposal occurring that may be inconsistent with into the System, or upon return to the System after as a ‘‘non-controversial’’ proposed rule intra-market price priority or that would being routed away, would be a Locking Quotation.’’ See Exchange Rule 11.6(f). 13 See supra note 10. Exchange Rule 11.6(h) does 85 15 U.S.C. 78s(b)(2). 3 15 U.S.C. 78s(b)(3)(A). not require re-pricing where the order with a 86 Id. 4 17 CFR 240.19b–4(f)(6)(iii). Minimum Execution Quantity is resting on the 87 17 CFR 200.30–3(a)(12). 5 See Exchange Rule 11.6(h) for a complete EDGX Book. As such, an internally crossed book 1 15 U.S.C. 78s(b)(1). description of the operation of the Minimum may occur where the incoming order is of 2 17 CFR 240.19b–4. Execution Quantity order instruction. insufficient size to satisfy the resting order’s

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13575

now proposes to amend paragraph (h) of Minimum Execution Quantity 100 shares at $10.00 is then entered and Rule 11.6 to remove this re-pricing instruction that crosses an order on posted to the EDGX Book (‘‘Order B’’). requirement. EDGX Book may execute at a price less The Exchange receives a Non-Displayed As a result of the above change, the aggressive than its ranked price against order to sell 600 shares at $10.00 with Exchange proposes to amend paragraph an incoming order so long as such a minimum quantity condition to (h) of Rule 11.6 to describe when an execution is consistent with the above execute against a single order of 500 order with a Minimum Execution restrictions. shares (‘‘Order C’’). Although Order A Quantity instruction will not be eligible The following examples describe the satisfies Order C’s minimum quantity to trade to prevent executions from proposed operation of an order with a condition and has time priority ahead of occurring that may be inconsistent with Minimum Execution Quantity during an Order B, no execution occurs because intra-market price priority or would internally crossed market. This first Order B is a Displayed order and has result in a Non-Displayed order trading example addresses intra-market priority execution priority over Order A, a Non- ahead of a same-priced, same-side amongst an order with a Minimum Displayed order. Order C does not Displayed order.14 The Exchange would Execution Quantity and other Non- execute against Order B because Order not permit an order with a Minimum Displayed orders in an internally B does not satisfy Order C’s minimum Execution Quantity instruction that crossed market as well as when an quantity condition. Order C is then crosses other Displayed or Non- execution may occur at prices less posted to the EDGX Book at $10.00, Displayed orders on the EDGX Book to aggressive than the resting order’s non-displayed. trade at prices that are worse than the ranked price. Assume the NBBO is The Exchange also proposes two price of such contra-side orders. The $10.10 by $10.16. A Non-Displayed clarifying changes to paragraph (h) of Exchange would also not permit a order to sell 50 shares at $10.12 is Exchange Rule 11.6. The rule currently resting order with a Minimum resting on the EDGX Book (‘‘Order A’’). states that an order with the Minimum Execution Quantity instruction to trade A Non-Displayed order to sell 25 shares Execution Quantity instruction cedes at a price equal to a contra-side at $10.11 is also resting on the EDGX execution priority when it would lock Displayed order. This proposal is based Book (‘‘Order B’’). The Exchange an order against which it would on recently adopted NYSE Arca, Inc. receives a MidPoint Peg 17 order to buy otherwise execute if it were not for the (‘‘NYSE Arca’’) Rule 7.31–E(i)(3)(C).15 at $10.14 with a minimum quantity minimum execution size restriction.19 Paragraph (h) of Rule 11.6 would state condition to execute against a single The Exchange now proposes to add that an order to buy (sell) with a order of 100 shares (‘‘Order C’’). Because additional language to the rule to clarify Minimum Execution Quantity Order C’s minimum quantity condition when a resting Non-Displayed order instruction that is ranked in the EDGX cannot be met, Order C will not trade may cede execution priority to a Book will not be eligible to trade: (i) At with Orders A or B and will be posted subsequent arriving same-side order. As a price equal to or above (below) any and ranked on the EDGX Book at amended, paragraph (h) of Rule 11.6 sell (buy) orders that are Displayed and $10.13, the midpoint of the NBBO. The would state that if a resting Non- that have a ranked price equal to or Exchange now has a Non-Displayed Displayed sell (buy) order did not meet below (above) the price of such order order crossing both Non-Displayed the minimum quantity condition of a with a Minimum Execution Quantity orders on the EDGX Book. If the same-priced resting order to buy (sell) instruction; or (ii) at a price above Exchange then receives a Non-Displayed with a Minimum Execution Quantity (below) any sell (buy) order that is Non- order to sell for 100 shares at $10.11 instruction, a subsequently arriving sell Displayed and has a ranked price below (‘‘Order D’’),18 although Order D would (buy) order that meets the minimum (above) the price of such order with a be marketable against Order C at $10.13, quantity condition will trade ahead of Minimum Execution Quantity it would not trade at $10.13 because it such resting Non-Displayed sell (buy) instruction.16 However, an order with a is above the price of all resting sell order at that price. For example, assume orders. Order D will instead execute the NBBO is $10.00 by $10.10 and no minimum quantity condition and that incoming against Order C at $10.11, receiving orders are resting on the EDGX Book. A order, if posted at its limit price, would cross that price improvement relative to the Non-Displayed order to buy 700 shares order with a minimum quantity condition resting midpoint of the NBBO. at $10.10 with a minimum quantity on the EDGX Book. condition to execute against a single 14 Exchange Rule 11.9(a) states that orders on the This second example addresses intra- EDGX Book are ranked and maintained by the market priority amongst Displayed order of 500 shares is resting on the Exchange according to price-time priority. orders, Non-Displayed orders with a EDGX Book (Order A). A Non-Displayed Exchange Rule 11.9(a) further prohibits a Non- Minimum Execution Quantity and other order to sell 100 shares at $10.10 is then Displayed order from trading ahead of a same-side, entered and posted to the EDGX Book same-priced Displayed order. This proposed rule Non-Displayed orders. The Exchange change adds language to Exchange Rule 11.6(h) to notes that the below behavior is not (Order B). Order B does not execute clarify this priority scheme during an internally unique to an internally crossed market against Order A because Order B does crossed market. as the Exchange’s priority rule, 11.9(a), not satisfy Order A’s single minimum 15 See Securities Exchange Act Release No. 82504 currently prohibits Non-Displayed quantity condition of 500 shares. As a (January 16, 2018), 83 FR 3038 (January 22, 2018) result, Order B is posted to the EDGX (SR–NYSEArca–2018–01) (Notice of Filing and orders, including Non-Displayed orders Immediate Effectiveness of Proposed Rule Change with a Minimum Execution Quantity, Book at $10.10, creating an internally To Amend Rule 7.31–E Relating to Mid-Point from trading ahead of same-priced, locked book. An order to sell 500 shares Liquidity Orders and the Minimum Trade Size same-side Displayed orders. Assume the at $10.10 is then entered and executes Modifier and Rule 7.36–E To Add a Definition of against Order A at $10.10 for 500 shares ‘‘Aggressing Order’’). NBBO is $10.00 by $10.04. A Non- 16 An order with a Minimum Execution Quantity Displayed order to buy 500 shares at because the incoming order is of instruction to buy (sell) may execute at a price $10.00 is resting on the EDGX Book above (below) any sell (buy) order that is Non- (‘‘Order A’’). A Displayed order to buy 19 The Exchange proposes to amend this Displayed and has a ranked price below (above) the provision to clarify that an order with a Minimum price of such order with a Minimum Execution Execution Quantity instruction would cede Quantity instruction if that Non-Displayed order 17 See Exchange Rule 11.8(d)(2). execution priority when it would also cross an itself included a Minimum Execution Quantity 18 On NYSE Arca, Order D will be posted to the order against which it would otherwise execute if instruction that prevented it from executing. See NYSE Arca book at $10.11 and not execute against it were not for the minimum execution size infra note 19. Order C at $10.13. See supra note 15. restriction.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13576 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

sufficient size to satisfy Order A’s instruction do not trade through competitive issues because it is minimum quantity condition of 500 Displayed orders or violate intra-market intended to provide clarity regarding the shares. This clarification is also based price priority. Specifically, the proposed operation of orders with a Minimum on recently adopted NYSE Arca Rule rule change would protect Displayed Quantity instruction and when such 7.31–E(i)(3)(E)(ii).20 orders by preventing an order with a orders are eligible to trade and not trade Lastly, the Exchange proposes to Minimum Execution Quantity through Displayed orders or violate clarify that an incoming order with a instruction from executing where it is intra-market price priority. Minimum Execution Quantity would be locked by a contra-side Displayed order. canceled where, if posted, it would The proposed rule change protects intra- C. Self-Regulatory Organization’s cross the displayed price of an order on market price priority by preventing a Statement on Comments on the the EDGX Book.21 Conversely, an resting order with a Minimum Proposed Rule Change Received From incoming order with a Minimum Execution Quantity instruction from Members, Participants, or Others Execution Quantity instruction would executing where it is crossed by either be posted to the EDGX Book where it a Displayed or Non-Displayed order on No comments were solicited or would not cross the displayed price of the EDGX Book. The proposed received on the proposed rule change. a resting contra-side order. For example, clarifications remove impediments to III. Date of Effectiveness of the an order to buy at $11.00 with a and perfect the mechanism of a free and Proposed Rule Change and Timing for minimum quantity condition of 500 open market and a national market Commission Action shares is entered (Order A) and there is system because they provide additional a Displayed order resting on the EDGX specificity regarding the operation of an Because the foregoing proposed rule Book to sell 200 shares at $10.99 (Order order with a Minimum Execution change does not: (A) Significantly affect B). Order A would be cancelled because Quantity instruction, thereby avoiding the protection of investors or the public it crosses the displayed price of Order potential investor confusion. In interest; (B) impose any significant B and Order B does not contain particular, the Exchange believes it is burden on competition; and (C) by its sufficient size to satisfy Order A’s reasonable for a resting Non-Displayed terms, become operative for 30 days minimum quantity condition of 500 order to cede execution priority to a shares. However, should Order A be subsequent arriving same-side order from the date on which it was filed or priced at $10.99, it would not be where that order is of sufficient size to such shorter time as the Commission cancelled and would be posted to the satisfy a resting contra-side order’s may designate it has become effective EDGX Book, resulting in an internally minimum quantity condition because pursuant to Section 19(b)(3)(A) of the locked market. Order A would not be doing so facilitates executions in Act 25 and paragraph (f)(6) of Rule 19b– executable at that price because it is accordance with the terms and 4 thereunder,26 the Exchange has priced equal to a contra-side Displayed conditions of each order. The proposed designated this rule filing as non- order. An internally crossed market may rule change is also substantially similar controversial. The Exchange has given subsequently occur should an order to to a proposed rule change recently the Commission written notice of its sell priced more aggressively than Order submitted by NYSE Arca for immediate intent to file the proposed rule change, A be entered but not be of sufficient size effectiveness and published by the along with a brief description and text to satisfy Order A’s minimum quantity Commission.24 The only differences of the proposed rule change at least five condition of 500 shares (e.g., an order to between the proposed rule change and business days prior to the date of filing sell 100 shares at $10.98) and posted to that of NYSE Arca is that: (i) NYSE Arca of the proposed rule change, or such the EDGX Book. does not cancel a minimum quantity shorter time as designated by the 2. Statutory Basis order that would cross a displayed order Commission. on the NYSE Arca book; and (ii) NYSE The Exchange believes that its Arca will not execute resting orders at At any time within 60 days of the proposal is consistent with Section 6(b) prices less aggressive than their limit filing of the proposed rule change, the of the Act 22 in general, and furthers the prices in crossed markets. The Exchange Commission summarily may objectives of Section 6(b)(5) of the Act 23 believes that these differences are temporarily suspend such rule change if in particular, in that it is designed to immaterial because they are designed to it appears to the Commission that such promote just and equitable principles of reduce the occurrences of internally action is: (1) Necessary or appropriate in trade, to foster cooperation and crossed markets and facilitate the public interest; (2) for the protection coordination with persons engaged in executions that may not otherwise of investors; or (3) otherwise in facilitating transactions in securities, to occur. These differences will also furtherance of the purposes of the Act. remove impediments to and perfect the continue to ensure that executions occur If the Commission takes such action, the mechanism of a free and open market in accordance with intra-market price Commission shall institute proceedings and a national market system and, in priority on the Exchange while to determine whether the proposed rule general, to protect investors and the accounting for the differences in should be approved or disapproved. public interest. The proposed rule functionality and order types. change removes impediments to and IV. Solicitation of Comments perfects the mechanism of a free and B. Self-Regulatory Organization’s open market and a national market Statement on Burden on Competition Interested persons are invited to system because it would ensure that The Exchange does not believe that submit written data, views, and orders with a Minimum Quantity the proposed rule change will result in arguments concerning the foregoing, any burden on competition that is not including whether the proposed rule 20 Supra note 15. necessary or appropriate in furtherance change is consistent with the Act. 21 An order with a Minimum Execution Quantity of the purposes of the Act, as amended. Comments may be submitted by any of will be repriced in accordance with Exchange Rule 11.6(l)(3) where it would cross a protected quote On the contrary, the proposed rule the following methods: displayed on an away market center. change is not designed to address any 22 15 U.S.C. 78f(b). 25 15 U.S.C. 78s(b)(3)(A). 23 15 U.S.C. 78f(b)(5). 24 See supra notes 15 and 18. 26 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13577

Electronic Comments SECURITIES AND EXCHANGE the most significant parts of such COMMISSION statements. • Use the Commission’s internet comment form (http://www.sec.gov/ [Release No. 34–82942; File No. SR– A. Self-Regulatory Organization’s rules/sro.shtml); or CboeBZX–2018–022] Statement of the Purpose of, and • Statutory Basis for, the Proposed Rule Send an email to rule-comments@ Self-Regulatory Organizations; Cboe Change sec.gov. Please include File Number SR– BZX Exchange, Inc.; Notice of Filing CboeEDGX–2018–008 on the subject and Immediate Effectiveness of a 1. Purpose line. Proposed Rule Change To Amend The Exchange proposes to amend Paragraph (c)(5) of Exchange Rule 11.9 paragraph (c)(5) of Exchange Rule 11.9 Paper Comments Describing the Operation of Minimum describing the operation of Minimum • Send paper comments in triplicate Quantity Orders Quantity Orders by removing language that provided for the re-pricing of to Secretary, Securities and Exchange March 23, 2018. Commission, 100 F Street NE, incoming Minimum Quantity Orders to Pursuant to Section 19(b)(1) of the avoid an internally crossed book. As a Washington, DC 20549–1090. Securities Exchange Act of 1934 (the 1 2 result of this change, the Exchange All submissions should refer to File ‘‘Act’’), and Rule 19b–4 thereunder, proposes to specify within the rule Number SR-CboeEDGX–2018–008. This notice is hereby given that on March 16, when a Minimum Quantity Order 2018, Cboe BZX Exchange, Inc. (the file number should be included on the would not be eligible to trade to prevent ‘‘Exchange’’ or ‘‘BZX’’) filed with the subject line if email is used. To help the executions from occurring that may be Securities and Exchange Commission inconsistent with intra-market price Commission process and review your (‘‘Commission’’) the proposed rule comments more efficiently, please use priority or that would cause a non- change as described in Items I, II, and displayed order to trade ahead of a only one method. The Commission will III below, which Items have been post all comments on the Commission’s displayed order. prepared by the Exchange. The In sum, a Minimum Quantity Order is internet website (http://www.sec.gov/ Exchange has designated this proposal rules/sro.shtml). Copies of the a non-displayed order that enables a as a ‘‘non-controversial’’ proposed rule 6 submission, all subsequent User to specify a minimum share change pursuant to Section 19(b)(3)(A) amount at which the order will amendments, all written statements 3 of the Act and Rule 19b–4(f)(6)(iii) execute.7 A Minimum Quantity Order with respect to the proposed rule 4 thereunder, which renders it effective will not execute unless the volume of change that are filed with the upon filing with the Commission. The contra-side liquidity available to Commission, and all written Commission is publishing this notice to execute against the order meets or communications relating to the solicit comments on the proposed rule exceeds the designated minimum size. proposed rule change between the change from interested persons. By default, a Minimum Quantity Order Commission and any person, other than I. Self-Regulatory Organization’s will execute upon entry against a single those that may be withheld from the Statement of the Terms of Substance of order or multiple aggregated orders public in accordance with the the Proposed Rule Change simultaneously. The Exchange recently provisions of 5 U.S.C. 552, will be The Exchange filed a proposal to amended the operation of Minimum available for website viewing and Quantity Orders to permit a User to amend paragraph (c)(5) of Exchange printing in the Commission’s Public alternatively specify the order not Rule 11.9 describing the operation of Reference Room, 100 F Street, NE, execute against multiple aggregated Minimum Quantity Orders.5 Washington, DC 20549 on official The text of the proposed rule change orders simultaneously and that the business days between the hours of is available at the Exchange’s website at minimum quantity condition be 10:00 a.m. and 3:00 p.m. Copies of the satisfied by each individual order www.markets.cboe.com, at the principal 8 filing also will be available for office of the Exchange, and at the resting on the BZX Book. The Exchange also recently amended inspection and copying at the principal Commission’s Public Reference Room. office of the Exchange. All comments the operation of Minimum Quantity received will be posted without change. II. Self-Regulatory Organization’s Orders to re-price incoming Minimum Persons submitting comments are Statement of the Purpose of, and Quantity Orders where that order may cautioned that we do not redact or edit Statutory Basis for, the Proposed Rule cross an order posted on the BZX Book.9 personal identifying information from Change Specifically, where there is insufficient comment submissions. You should In its filing with the Commission, the size to satisfy an incoming order’s submit only information that you wish Exchange included statements minimum quantity condition and that to make available publicly. All concerning the purpose of and basis for incoming order, if posted at its limit submissions should refer to File the proposed rule change and discussed price, would cross an order(s), whether Number SR–CboeEDGX–2018–008, and any comments it received on the 6 should be submitted on or before April proposed rule change. The text of these The term ‘‘User’’ is defined as ‘‘any Member or Sponsored Participant who is authorized to obtain 19, 2018. statements may be examined at the access to the System pursuant to Rule 11.3.’’ See places specified in Item IV below. The Exchange Rule 1.5(cc). For the Commission, by the Division of Exchange has prepared summaries, set 7 The Exchange will only honor a specified Trading and Markets, pursuant to delegated forth in Sections A, B, and C below, of minimum quantity on BZX Only Orders that are authority.27 non-displayed or Immediate-Or-Cancel and will Brent J. Fields, disregard a minimum quantity on any other order. 1 15 U.S.C. 78s(b)(1). See Exchange Rule 11.9(c)(5). Secretary. 2 17 CFR 240.19b–4. 8 See Securities Exchange Act Release No. 81807 [FR Doc. 2018–06301 Filed 3–28–18; 8:45 am] 3 15 U.S.C. 78s(b)(3)(A). (October 3, 2017), 82 FR 47065 (October 10, 2017) 4 17 CFR 240.19b–4(f)(6)(iii). (SR–BatsBZX–2017–62). This functionality is BILLING CODE 8011–01–P 5 See Exchange Rule 11.9(c)(5) for a complete pending deployment and the implementation date description of the operation of Minimum Quantity will be announced via a trading notice. 27 17 CFR 200.30–3(a)(12). Orders. 9 Id.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13578 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

displayed or non-displayed, resting on Minimum Quantity Order that crosses non-displayed order to sell 600 shares at the BZX Book, the order with the an order on BZX Book may execute at $10.00 with a minimum quantity minimum quantity condition would be a price less aggressive than its ranked condition to execute against a single re-priced to and ranked at the locking price against an incoming order so long order of 500 shares (‘‘Order C’’). price. This functionality has not yet as such execution is consistent with the Although Order A satisfies Order C’s been implemented 10 and the Exchange above restrictions. minimum quantity condition and has now proposes to amend paragraph (c)(5) The following examples describe the time priority ahead of Order B, no of Rule 11.9 to remove this re-pricing proposed operation of a Minimum execution occurs because Order B is a requirement. Quantity Order during an internally displayed order and has execution As a result of the above change, the crossed market. This first example priority over Order A, a non-displayed Exchange proposes to amend paragraph addresses intra-market priority amongst order. Order C does not execute against (c)(5) of Rule 11.9 to describe when a a Minimum Quantity Order and other Order B because Order B does not Minimum Quantity Order will not be non-displayed orders in an internally satisfy Order C’s minimum quantity eligible to trade to prevent executions crossed market as well as when an condition. Order C is then posted to the from occurring that may be inconsistent execution may occur at prices less BZX Book at $10.00, non-displayed. with intra-market price priority or aggressive than the resting order’s The Exchange also proposes two would result in a non-displayed order ranked price. Assume the NBBO is clarifying changes to paragraph (c)(5) of trading ahead of a same-priced, same- $10.10 by $10.16. A non-displayed Exchange Rule 11.9. The rule currently side displayed order.11 The Exchange order to sell 50 shares at $10.12 is states that a Minimum Quantity Order would not permit a Minimum Quantity resting on the BZX Book (‘‘Order A’’). A cedes execution priority when it would Order that crosses other displayed or non-displayed order to sell 25 shares at lock an order against which it would non-displayed orders on the BZX Book $10.11 is also resting on the BZX Book otherwise execute if it were not for the to trade at prices that are worse than the (‘‘Order B’’). The Exchange receives a minimum execution size restriction.16 price of such contra-side orders. The Mid-Point Peg 14 order to buy at $10.14 The Exchange now proposes to add Exchange would also not permit a with a minimum quantity condition to additional language to the rule to clarify resting Minimum Quantity Order to execute against a single order of 100 when a resting non-displayed order may trade at a price equal to a contra-side shares (‘‘Order C’’). Because Order C’s cede execution priority to a subsequent displayed order. This proposal is based minimum quantity condition cannot be arriving same-side order. As amended, on recently adopted NYSE Arca, Inc. met, Order C will not trade with Orders paragraph (h) of Rule 11.6 would state (‘‘NYSE Arca’’) Rule 7.31–E(i)(3)(C).12 A or B and will be posted and ranked that if a resting non-displayed sell (buy) Paragraph (c)(5) of Rule 11.9 would on the BZX Book at $10.13, the order did not meet the minimum state that a Minimum Quantity Order to midpoint of the NBBO. The Exchange quantity condition of a same-priced buy (sell) that is ranked in the BZX now has a non-displayed order crossing resting Minimum Quantity Order to buy Book will not be eligible to trade: (i) At both non-displayed orders on the BZX (sell), a subsequently arriving sell (buy) a price equal to or above (below) any Book. If the Exchange then receives a order that meets the minimum quantity sell (buy) orders that are displayed and non-displayed order to sell for 100 condition will trade ahead of such that have a ranked price equal to or shares at $10.11 (‘‘Order D’’),15 although resting non-displayed sell (buy) order at below (above) the price of such Order D would be marketable against that price. For example, assume the Minimum Quantity Order; or (ii) at a Order C at $10.13, it would not trade at NBBO is $10.00 by $10.10 and no orders price above (below) any sell (buy) order $10.13 because it is above the price of are resting on the BZX Book. A non- that is non-displayed and has a ranked all resting sell orders. Order D will displayed order to buy 700 shares at price below (above) the price of such instead execute against Order C at $10.10 with a minimum quantity Minimum Quantity Order.13 However, a $10.11, receiving price improvement condition to execute against a single relative to the midpoint of the NBBO. order of 500 shares is resting on the BZX 10 See supra note 8. Exchange Rule 11.9(c)(5) does This second example addresses intra- Book (Order A). A non-displayed order not require re-pricing where the Minimum Quantity market priority amongst displayed to sell 100 shares at $10.10 is then Order is resting on the BZX Book. As such, an orders, Minimum Quantity Orders and entered and posted to the BZX Book internally crossed book may occur where the other non-displayed orders. The (Order B). Order B does not execute incoming order is of insufficient size to satisfy the resting order’s minimum quantity condition and Exchange notes that the below behavior against Order A because Order B does that incoming order, if posted at its limit price, is not unique to an internally crossed not satisfy Order A’s single minimum would cross that order with a minimum quantity market as the Exchange’s priority rule, quantity condition of 500 shares. As a condition resting on the BZX Book. 11.12(a), currently prohibits non- result, Order B is posted to the BZX 11 Exchange Rule 11.12(a) states that orders on the displayed orders, including Minimum BZX Book are ranked and maintained by the Book at $10.10, creating an internally Exchange according to price-time priority. Quantity Orders, from trading ahead of locked book. An order to sell 500 shares Exchange Rule 11.12(a) further prohibits a non- same-priced, same-side displayed at $10.10 is then entered and executes displayed order from trading ahead of a same-side, orders. Assume the NBBO is $10.00 by against Order A at $10.10 for 500 shares same-priced displayed order. This proposed rule $10.04. A non-displayed order to buy because the incoming order is of change adds language to Exchange Rule 11.9(c)(5) to clarify this priority scheme during an internally 500 shares at $10.00 is resting on the sufficient size to satisfy Order A’s crossed market. BZX Book (‘‘Order A’’). A displayed minimum quantity condition of 500 12 See Securities Exchange Act Release No. 82504 order to buy 100 shares at $10.00 is then shares. This clarification is also based (January 16, 2018), 83 FR 3038 (January 22, 2018) entered and posted to the BZX Book on recently adopted NYSE Arca Rule (SR–NYSEArca–2018–01) (Notice of Filing and (‘‘Order B’’). The Exchange receives a 17 Immediate Effectiveness of Proposed Rule Change 7.31–E(i)(3)(E)(ii). To Amend Rule 7.31–E Relating to Mid-Point Liquidity Orders and the Minimum Trade Size if that Non-Displayed order itself included a 16 The Exchange proposes to amend this Modifier and Rule 7.36–E To Add a Definition of minimum quantity condition that prevented it from provision to clarify that a Minimum Quantity Order ‘‘Aggressing Order’’). executing. See infra note 16. would cede execution priority when it would also 13 A Minimum Quantity Order to buy (sell) may 14 See Exchange Rule 11.9(c)(9). cross an order against which it would otherwise execute at a price above (below) any sell (buy) order 15 On NYSE Arca, Order D will be posted to the execute if it were not for the minimum execution that is Non-Displayed and has a ranked price below NYSE Arca book at $10.11 and not execute against size restriction. (above) the price of such Minimum Quantity Order Order C at $10.13. See supra note 12. 17 Supra note 12.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13579

Lastly, the Exchange proposes to change protects intra-market price C. Self-Regulatory Organization’s clarify that an incoming Minimum priority by preventing a resting Statement on Comments on the Quantity Order would be canceled Minimum Quantity Order from Proposed Rule Change Received From where, if posted, it would cross the executing where it is crossed by either Members, Participants, or Others displayed price of an order on the BZX a displayed or non-displayed order on No comments were solicited or 18 Book. Conversely, an incoming the BZX Book. The proposed received on the proposed rule change. Minimum Quantity Order would be clarifications remove impediments to posted to the BZX Book where it would and perfect the mechanism of a free and III. Date of Effectiveness of the Proposed Rule Change and Timing for not cross the displayed price of a resting open market and a national market Commission Action contra-side order. For example, an order system because they provide additional to buy at $11.00 with a minimum specificity regarding the operation of a Because the foregoing proposed rule quantity condition of 500 shares is Minimum Quantity Order, thereby change does not: (A) Significantly affect entered (Order A) and there is a avoiding potential investor confusion. the protection of investors or the public displayed order resting on the BZX In particular, the Exchange believes it is interest; (B) impose any significant Book to sell 200 shares at $10.99 (Order reasonable for a resting non-displayed burden on competition; and (C) by its B). Order A would be cancelled because terms, become operative for 30 days it crosses the displayed price of Order order to cede execution priority to a subsequent arriving same-side order from the date on which it was filed or B and Order B does not contain such shorter time as the Commission sufficient size to satisfy Order A’s where that order is of sufficient size to satisfy a resting contra-side order’s may designate it has become effective minimum quantity condition of 500 pursuant to Section 19(b)(3)(A) of the minimum quantity condition because shares. However, should Order A be Act 22 and paragraph (f)(6) of Rule 19b– doing so facilitates executions in priced at $10.99, it would not be 4 thereunder,23 the Exchange has accordance with the terms and cancelled and would be posted to the designated this rule filing as non- conditions of each order. The proposed BZX Book, resulting in an internally controversial. The Exchange has given locked market. Order A would not be rule change is also substantially similar the Commission written notice of its executable at that price because it is to a proposed rule change recently intent to file the proposed rule change, priced equal to a contra-side displayed submitted by NYSE Arca for immediate along with a brief description and text order. An internally crossed market may effectiveness and published by the of the proposed rule change at least five 21 subsequently occur should an order to Commission. The only differences business days prior to the date of filing sell priced more aggressively than Order between the proposed rule change and of the proposed rule change, or such A be entered but not be of sufficient size that of NYSE Arca is that: (i) NYSE Arca shorter time as designated by the to satisfy Order A’s minimum quantity does not cancel a minimum quantity Commission. condition of 500 shares (e.g., an order to order that would cross a displayed order At any time within 60 days of the sell 100 shares at $10.98) and posted to on the NYSE Arca book; and (ii) NYSE filing of the proposed rule change, the the BZX Book. Arca will not execute resting orders at Commission summarily may 2. Statutory Basis prices less aggressive than their limit temporarily suspend such rule change if The Exchange believes that its prices in crossed markets. The Exchange it appears to the Commission that such proposal is consistent with Section 6(b) believes that these differences are action is: (1) Necessary or appropriate in of the Act 19 in general, and furthers the immaterial because they are designed to the public interest; (2) for the protection objectives of Section 6(b)(5) of the Act 20 reduce the occurrences of internally of investors; or (3) otherwise in in particular, in that it is designed to crossed markets and facilitate furtherance of the purposes of the Act. promote just and equitable principles of executions that may not otherwise If the Commission takes such action, the trade, to foster cooperation and occur. These differences will also Commission shall institute proceedings coordination with persons engaged in continue to ensure that executions occur to determine whether the proposed rule facilitating transactions in securities, to in accordance with intra-market price should be approved or disapproved. remove impediments to and perfect the priority on the Exchange while IV. Solicitation of Comments mechanism of a free and open market accounting for the differences in Interested persons are invited to and a national market system and, in functionality and order types. submit written data, views, and general, to protect investors and the arguments concerning the foregoing, public interest. The proposed rule B. Self-Regulatory Organization’s including whether the proposed rule change removes impediments to and Statement on Burden on Competition change is consistent with the Act. perfects the mechanism of a free and The Exchange does not believe that Comments may be submitted by any of open market and a national market the proposed rule change will result in the following methods: system because it would ensure that any burden on competition that is not Minimum Quantity Orders do not trade Electronic Comments necessary or appropriate in furtherance through displayed orders or violate of the purposes of the Act, as amended. • Use the Commission’s internet intra-market price priority. Specifically, comment form (http://www.sec.gov/ the proposed rule change would protect On the contrary, the proposed rule change is not designed to address any rules/sro.shtml); or displayed orders by preventing a • Send an email to rule-comments@ Minimum Quantity Order from competitive issues because it is intended to provide clarity regarding the sec.gov. Please include File Number SR– executing where it is locked by a contra- CboeBZX–2018–022 on the subject line. side Displayed order. The proposed rule operation of Minimum Quantity Orders and when such orders are eligible to Paper Comments 18 A Minimum Quantity Order will be repriced in trade and not trade through displayed • Send paper comments in triplicate accordance with Exchange Rule 11.9(g)(4) where it orders or violate intra-market price would cross a protected quote displayed on an to Secretary, Securities and Exchange away market center. priority. 19 15 U.S.C. 78f(b). 22 15 U.S.C. 78s(b)(3)(A). 20 15 U.S.C. 78f(b)(5). 21 See supra notes 12 and 15. 23 17 CFR 240.19b–4.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00111 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13580 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Commission, 100 F Street NE, approval, and to publish a notice in the ACTION: Solicit nominations of owners, Washington, DC 20549–1090. Federal Register notifying the public operators, and officers of small business All submissions should refer to File that the agency has made such a concerns to serve on 10 Regional Number SR–CboeBZX–2018–022. This submission. This notice also allows an Regulatory Fairness Boards nationwide. file number should be included on the additional 30 days for public comments. SUMMARY: The SBA Office of the subject line if email is used. To help the DATES: Submit comments on or before National Ombudsman (ONO) is issuing Commission process and review your April 30, 2018. comments more efficiently, please use this notice to solicit nominations of ADDRESSES: Comments should refer to only one method. The Commission will qualified owners, operators, and officers the information collection by name and/ of small business concerns to be post all comments on the Commission’s or OMB Control Number and should be internet website (http://www.sec.gov/ considered for appointment by the SBA sent to: Agency Clearance Officer, Curtis rules/sro.shtml). Copies of the Administrator as a member of a Small Rich, Small Business Administration, submission, all subsequent Business Regional Regulatory Fairness 409 3rd Street SW, 5th Floor, amendments, all written statements Board (‘‘RegFair Board’’). Washington, DC 20416; and SBA Desk with respect to the proposed rule The RegFair Board members on the Officer, Office of Information and change that are filed with the ten regional boards serve as advisors to Regulatory Affairs, Office of Commission, and all written the National Ombudsman on regulatory Management and Budget, New communications relating to the enforcement and compliance issues of Executive Office Building, Washington, proposed rule change between the concern to small business owners DC 20503. Commission and any person, other than within their respective regions and those that may be withheld from the FOR FURTHER INFORMATION CONTACT: surface those issues to the attention of public in accordance with the Curtis Rich, Agency Clearance Officer, the National Ombudsman. Nominations provisions of 5 U.S.C. 552, will be (202) 205–7030 [email protected]. of qualified candidates are being sought available for website viewing and Copies: A copy of the Form OMB 83– to fill vacancies on the RegFair Boards. printing in the Commission’s Public 1, supporting statement, and other RegFair Board members are appointed Reference Room, 100 F Street NE, documents submitted to OMB for by, and serve at the pleasure of, the SBA Washington, DC 20549 on official review may be obtained from the Administrator for terms of no longer business days between the hours of Agency Clearance Officer. than three years. The Administrator may 10:00 a.m. and 3:00 p.m. Copies of the SUPPLEMENTARY INFORMATION: reappoint an individual for additional filing also will be available for terms of service. inspection and copying at the principal Summary of Information Collections Board members serve without office of the Exchange. All comments The Small Business Act states that a compensation. They will, however, be received will be posted without change. women-owned small (WOSB) or an reimbursed for authorized travel-related Persons submitting comments are economically disadvantaged women- expenses at per diem rates established cautioned that we do not redact or edit owned small business (EDWOSB) must by GSA when asked to perform official personal identifying information from (1) be a Federal agency, a State duties as a Board member. comment submissions. You should government, or a national certifying DATES: Nominations for membership on submit only information that you wish entity as a WOSB. or, (2) certify to the the RegFair Board will be accepted on to make available publicly. All contracting office that it is a WOSB and a rolling basis. submissions should refer to File provide adequate documentation to ADDRESSES: All nominations should be Number SR–CboeBZX–2018–022, and support such certification. These mailed to the Office of the National should be submitted on or before April documents will be used by the SBA, Ombudsman, U.S. Small Business 19, 2018. contracting offices and third party Administration, 409 3rd Street SW, For the Commission, by the Division of certifies to determine program eligibility Washington, DC 20416, or emailed to Trading and Markets, pursuant to delegated and compliance. [email protected]. authority.24 (1) Title: Certification for the Women- FOR FURTHER INFORMATION CONTACT: Ms. Brent J. Fields, Owned Small Business Federal Contract Trina Mintern, Office of the National Secretary. Program. Ombudsman, U.S. Small Business [FR Doc. 2018–06300 Filed 3–28–18; 8:45 am] Description of Respondents: Women Administration, 409 3rd Street SW, BILLING CODE 8011–01–P owned Small Businesses. Washington, DC 20416, Telephone: Form Number’s: 2413, 2414. (202) 205–6918; Email: trina.mintern@ Estimated Annual Responses: 16,688. sba.gov. A copy of the RegFair Board SMALL BUSINESS ADMINISTRATION Estimated Annual Hour Burden: Charter and a list of current Board 33,376. members may be obtained by contacting Reporting and Recordkeeping Ms. Mintern. For more information on Requirements Under OMB Review Curtis B. Rich, ONO, please visit our website, Management Analyst. www.sba.gov/ombudsman. AGENCY: Small Business Administration. [FR Doc. 2018–06365 Filed 3–28–18; 8:45 am] SUPPLEMENTARY INFORMATION: As ACTION: 30-Day notice. BILLING CODE 8025–01–P established by the United States SUMMARY: The Small Business Congress, the Small Business Regulatory Administration (SBA) is publishing this Enforcement Fairness Act of 1996 SMALL BUSINESS ADMINISTRATION notice to comply with requirements of created ONO within the SBA and 10 the Paperwork Reduction Act (PRA), Solicitation of Nominations for Regional Regulatory Fairness Boards which requires agencies to submit Appointment to Small Business nationwide. Pursuant to the statute, proposed reporting and recordkeeping Regional Regulatory Fairness Boards ONO works with Federal agencies that requirements to OMB for review and have regulatory authority over small AGENCY: U.S. Small Business businesses subjected to an audit, on-site 24 17 CFR 200.30–3(a)(12). Administration (SBA). inspection, fine or penalty, compliance

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00112 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13581

assistance effort, or other enforcement Dated: March 20, 2018. foia.state.gov/_docs/SORN/State-36.pdf related communication or contact by John S. Woodard, for additional information. agency personnel with a vehicle to SBA Committee Management Officer. Marcee Craighill, comment on the enforcement actions. [FR Doc. 2018–06263 Filed 3–28–18; 8:45 am] Fine Arts Committee, Department of State. Pursuant to SBREFA, the ONO is BILLING CODE P [FR Doc. 2018–06342 Filed 3–28–18; 8:45 am] authorized to establish, maintain, and BILLING CODE 4710–24–P coordinate activities of 10 Regional Regulatory Fairness Boards. The ONO DEPARTMENT OF STATE has RegFair Boards in each of SBA’s 10 SURFACE TRANSPORTATION BOARD regions. Each Board is comprised of 5 small business owners, operators, or [Public Notice: 10361] [Docket No. AB 33 (Sub-No. 332X)] officers. No more than three RegFair Fine Arts Committee Notice of Meeting Union Pacific Railroad Company— Board Members per board may be of the Abandonment Exemption—in Harris same political affiliation. All Board The Fine Arts Committee of the County, Tex. members are appointed by the SBA Department of State will meet on April Administrator for three-year terms. Union Pacific Railroad Company (UP) 20, 2018 at 1:00 p.m. in the Henry Clay has filed a verified notice of exemption The purpose of the RegFair Boards is Room of the Harry S. Truman Building, under 49 CFR pt. 1152 subpart F— to have leaders of small businesses 2201 C Street NW, Washington, DC. The Exempt Abandonments to abandon 0.9 advise and represent the National meeting will last until approximately miles of the Seabrook Industrial Lead Ombudsman on regulatory issues for 4:00 p.m. and is open to the public. between milepost 6.9 (former Southern small businesses in their respective The agenda for the committee meeting Pacific Transportation Co. (SP) milepost regions. Each year, the RegFair Boards will include a summary of the work of 29.1), near Red Bluff Road, and milepost convene for an annual meeting to the Fine Arts Office since its last 7.8 (former SP milepost 30.0), near discuss the state of affairs in Federal meeting on April 20, 2018 and the Repsdorph Road, in Seabrook, Harris regulatory enforcement. The meeting announcement of gifts and loans of County, Tex. (the Line). The Line is also provides the ONO with the furnishings as well as financial wholly contained within United States opportunity to assess trends and new contributions from January 1, 2017 Postal Service Zip Code 77586. regulatory issues that impact small through December 31, 2017. UP has certified that: (1) No local businesses in each region. Public access to the Department of traffic has moved over the Line for at Additionally, the RegFair Boards State is strictly controlled and space is least two years; (2) no overhead traffic work with the SBA District Offices and limited. Members of the public wishing has moved over the Line for at least two SBA Regional staff to communicate to take part in the meeting should years and, therefore, there is no need to opportunities small businesses have to telephone the Fine Arts Office at (202) reroute any traffic; (3) no formal share their concerns regarding 647–1990 or send an email to complaint filed by a user of rail service regulatory enforcement. This includes [email protected] by April 1, on the Line (or by a state or local promoting and providing small providing their name, date of birth, government entity acting on behalf of businesses with information regarding citizenship; and government issued ID such user) regarding cessation of service RegFair Hearings and Roundtables number [i.e., U.S. government ID over the Line either is pending with the within their respective regions. (agency), U.S. military ID (branch), Surface Transportation Board (Board) or passport (country) or driver’s license with any U.S. District Court or has been Requirements for Nomination (state)] in order to gain admittance. All decided in favor of complainant within Submission attendees must use the ‘‘C’’ Street the two-year period; and (4) the requirements at 49 CFR 1105.7(c) Completed SBA Form 898: Interested entrance located at 2201 C Street (environmental report), 49 CFR 1105.11 applicants must submit a completed Northwest, Washington, DC 20520. One (transmittal letter), 49 CFR 1105.12 SBA Form 898. To download a copy of of the following valid IDs will be required for admittance: any U.S. (newspaper publication), and 49 CFR the form, please visit https:// 1152.50(d)(1) (notice to governmental www.sba.gov/ombudsman/fairness- driver’s license with photo, a passport, or a U.S. government agency ID. agencies) have been met. boards. Please note that a YES answer As a condition to this exemption, any to any of the questions listed in Section Attendees should expect to remain in the meeting for the entire session. The employee adversely affected by the 6 of the SBA Form 898 Advisory public may take part in the discussion abandonment shall be protected under Committee Membership Nominee as long as time permits and at the Oregon Short Line Railroad— Information Form may deem a discretion of the chairman. Abandonment Portion Goshen Branch candidate ineligible to serve on a Between Firth & Ammon, in Bingham & Personal data is requested pursuant to RegFair Board. Bonneville Counties, Idaho, 360 I.C.C. Public Law 99–399 (Omnibus Resume: Please include the nominee’s 91 (1979). To address whether this Diplomatic Security and Antiterrorism condition adequately protects affected contact information (including name, Act of 1986), as amended; Public Law employees, a petition for partial mailing address, telephone numbers, 107–56 (USA PATRIOT Act); and revocation under 49 U.S.C. 10502(d) and email address) and a chronological Executive Order 13356. The purpose of must be filed. summary of the nominee’s experience the collection is to validate the identity Provided no formal expression of and qualifications. Please do not submit of individuals who enter Department intent to file an offer of financial a bio. facilities. The data will be entered into assistance (OFA) 1 has been received, Authority: This notice was prepared in the Visitor Access Control System accordance with the Small Business (VACS–D) database. Please see the 1 The Board modified its OFA procedures Regulatory Enforcement Fairness Act of 1996 Security Records System of Records effective July 29, 2017. Among other things, the (SBREFA), (Public Law 104–121), Sec. 222. Notice (State–36) at https:// Continued

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13582 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

this exemption will become effective on has not been effected by UP’s filing of Monday through Friday, except Federal April 27, 2018, unless stayed pending a notice of consummation by March 29, holidays. reconsideration. Petitions to stay that do 2019, and there are no legal or • Fax: Fax comments to Docket 2 not involve environmental issues, regulatory barriers to consummation, Operations at 202–493–2251. formal expressions of intent to file an the authority to abandon will OFA under 49 CFR 1152.27(c)(2),3 and automatically expire. Privacy: In accordance with 5 U.S.C. interim trail use/rail banking requests Board decisions and notices are 553(c), DOT solicits comments from the under 49 CFR 1152.29 must be filed by available on our website at public to better inform its rulemaking April 9, 2018. Petitions to reopen or ‘‘WWW.STB.DOT.GOV.’’ process. DOT posts these comments, requests for public use conditions under Decided: March 23, 2018. without edit, including any personal 49 CFR 1152.28 must be filed by April information the commenter provides, to By the Board, Scott M. Zimmerman, Acting 17, 2018, with the Surface Director, Office of Proceedings. http://www.regulations.gov, as Transportation Board, 395 E Street SW, Jeffrey Herzig, described in the system of records Washington, DC 20423–0001. notice (DOT/ALL–14 FDMS), which can Clearance Clerk. A copy of any petition filed with the be reviewed at http://www.dot.gov/ [FR Doc. 2018–06262 Filed 3–28–18; 8:45 am] Board should be sent to UP’s privacy. representative: Jeremy M. Berman, 1400 BILLING CODE 4915–01–P Douglas St., #1580, Omaha, NE 68179. Docket: Background documents or If the verified notice contains false or comments received may be read at misleading information, the exemption DEPARTMENT OF TRANSPORTATION http://www.regulations.gov at any time. is void ab initio. Follow the online instructions for UP has filed a combined Federal Aviation Administration accessing the docket or go to the Docket environmental and historic report that Operations in Room W12–140 of the addresses the effects, if any, of the [Summary Notice No. 2018–20] West Building Ground Floor at 1200 abandonment on the environment and Petition for Exemption; Summary of New Jersey Avenue SE, Washington, DC historic resources. OEA will issue an Petition Received; Southern Utah 20590–0001, between 9 a.m. and 5 p.m., environmental assessment (EA) by April University Monday through Friday, except Federal 3, 2018. Interested persons may obtain holidays. a copy of the EA by writing to OEA AGENCY: Federal Aviation (Room 1100, Surface Transportation Administration (FAA), Department of FOR FURTHER INFORMATION CONTACT: Board, Washington, DC 20423–0001) or Transportation (DOT). Brenda Robeson (202) 267–4712, Office of Rulemaking, Federal Aviation by calling OEA at (202) 245–0305. ACTION: Notice. Assistance for the hearing impaired is Administration, 800 Independence available through the Federal SUMMARY: This notice contains a Avenue SW, Washington, DC 20591– Information Relay Service at (800) 877– summary of a petition seeking relief 0001. 8339. Comments on environmental and from specified requirements of Federal This notice is published pursuant to historic preservation matters must be Aviation Regulations. The purpose of 14 CFR 11.85. filed within 15 days after the EA this notice is to improve the public’s becomes available to the public. awareness of, and participation in, the Issued in Washington, DC, on March 22, Environmental, historic preservation, FAA’s exemption process. Neither 2018. public use, or interim trail use/rail publication of this notice nor the Lirio Liu, banking conditions will be imposed, inclusion or omission of information in Executive Director, Office of Rulemaking. where appropriate, in a subsequent the summary is intended to affect the decision. legal status of the petition or its final Petition for Exemption Pursuant to 49 CFR 1152.29(e)(2), UP disposition. Docket No.: FAA–2018–0215. shall file a notice of consummation with DATES: the Board to signify that it has exercised Comments on this petition must Petitioner: Southern Utah University. identify the petition docket number and the authority granted and fully Section(s) of 14 CFR Affected: abandoned the Line. If consummation must be received on or before April 18, 2018. 147.21(a)–(c), and appendices B, C and D. OFA process now requires potential offerors, in ADDRESSES: Send comments identified their formal expression of intent, to make a by docket number FAA–2018–0215 Description of Relief Sought: Southern preliminary financial responsibility showing based using any of the following methods: Utah University (SUU) petitioned the on a calculation using information contained in the • FAA for an exemption from the general carrier’s filing and publicly available information. Federal eRulemaking Portal: Go to See Offers of Financial Assistance, EP 729 (STB http://www.regulations.gov and follow curriculum requirements provided for served June 29, 2017); 82 FR 30,997 (July 5, 2017). the online instructions for sending your in 14 Code of Federal Regulations 2 The Board will grant a stay if an informed comments electronically. § 147.21(a)–(c), and appendices B, C and decision on environmental issues (whether raised • Mail: Send comments to Docket D. SUU requested relief to the extent by a party or by the Board’s Office of Environmental Analysis (OEA) in its independent investigation) Operations, M–30, U.S. Department of necessary to allow it to utilize a credit cannot be made before the exemption’s effective Transportation, 1200 New Jersey hour system, and propose curriculum to date. See Exemption of Out-of-Serv. Rail Lines, 5 Avenue SE, Room W12–140, West coincide with emerging aviation I.C.C.2d 377 (1989). Any request for a stay should Building Ground Floor, Washington, DC be filed as soon as possible so that the Board may maintenance technician airman take appropriate action before the exemption’s 20590–0001. certification standards. • Hand Delivery or Courier: Take effective date. [FR Doc. 2018–06333 Filed 3–28–18; 8:45 am] 3 Each OFA must be accompanied by the filing comments to Docket Operations in fee, which is currently set at $1,800. See Room W12–140 of the West Building BILLING CODE 4910–13–P Regulations Governing Fees for Servs. Performed in Connection with Licensing & Related Servs.—2017 Ground Floor at 1200 New Jersey Update, EP 542 (Sub-No. 25), slip op. App. C at 20 Avenue SE, Washington, DC 20590– (STB served July 28, 2017). 0001, between 9 a.m. and 5 p.m.,

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00114 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13583

DEPARTMENT OF TRANSPORTATION New Jersey Avenue SE, Washington, FOR FURTHER INFORMATION CONTACT: DC, between 9 a.m. and 5 p.m., Monday Catherine A. Batey, Division Federal Aviation Administration through Friday, except Federal holidays. Administrator, Federal Highway [Summary Notice No. PE–2018–09] FOR FURTHER INFORMATION CONTACT: Jake Administration, 3250 Executive Park Troutman, (202) 683–7788, 800 Drive, Springfield, Illinois 62703, Petition for Exemption; Summary of Independence Avenue SW, Washington, Phone: (217) 492–4600. Jeffrey L. Keirn, Petition Received; DroneSeed Co. DC 20591. This notice is published Deputy Director of Highways, Region 5 pursuant to 14 CFR 11.85. Engineer, Illinois Department of AGENCY: Federal Aviation Issued in Washington, DC. Transportation, 1102 Eastport Plaza Administration (FAA), DOT. Drive, Collinsville, Illinois 62234, Lirio Liu, ACTION: Notice. Phone: (618) 346–3110. Director, Office of Rulemaking. SUPPLEMENTARY INFORMATION: The SUMMARY: This notice contains a Petition for Exemption summary of a petition seeking relief FHWA, in cooperation with the Illinois from specified requirements of Title 14 Docket No.: FAA–2017–1157. Department of Transportation, issued a of the Code of Federal Regulations. The Petitioner: DroneSeed Company. notice of intent to prepare an purpose of this notice is to improve the Section(s) of 14 CFR Affected: environmental impact statement (EIS) in public’s awareness of, and participation §§ 91.7(a); 91.119(c); 91.121; 91.151(b); 2015 (80 FR 73871, November 25, 2015). in, the FAA’s exemption process. 91.405(a); 91.407(a)(l); 91.409(a)(l) & (2); The project proposal was to improve Neither publication of this notice nor 91.417(a) & (b); 137.l 9(c), (d) & transportation between the identified the inclusion or omission of information (e)(2)(ii)(iii) & (v); 137.31; 137.33; project termini. in the summary is intended to affect the 137.41(c); 137.42. The project is being cancelled and no Description of Relief Sought: The legal status of the petition or its final further activities will occur for the petitioner is requesting relief in order to disposition. Shawnee Parkway project at this time. operate three unmanned aircraft systems Comments or questions concerning DATES: Comments on this petition must (UAS) weighing 55 pounds or more, not this notice should be directed to FHWA identify the petition docket number and exceeding 185 pounds, for aerial or the Illinois Department of must be received on or before April 18, agricultural operations in remote Transportation at the addresses 2018. operating environments. The three UAS provided above. ADDRESSES: Send comments identified are the HSE AG V8A+ v2, the DS–10, Authority: 23 U.S.C. 315; 23 CFR 771.123; by docket number FAA–2017–1157 and the DS–11, weighing 55 pounds 49 CFR 1.48 using any of the following methods: (lbs.), 124.09 lbs., and 102.5 lbs., • (Catalog of Federal Domestic Assistance Federal eRulemaking Portal: Go to respectively, at maximum (fully loaded) Program Number 20.205, Highway Research, http://www.regulations.gov and follow take-off weight. The petitioner also Planning and Construction. The regulations the online instructions for sending your requests relief to allow a single person implementing Executive Order 12372 comments electronically. to act as remote pilot in command for regarding intergovernmental consultation on • Mail: Send comments to Docket up to fifteen simultaneous operations of Federal programs and activities apply to this Operations, M–30; U.S. Department of UAS weighing 55 lbs. or more. program.) Transportation (DOT), 1200 New Jersey Additionally, the petitioner is Issued on: March 9, 2018. Avenue SE, Room W12–140, West requesting relief for the pilot in Catherine A. Batey, Building Ground Floor, Washington, DC command to operate the UAS weighing Division Administrator, Springfield, Illinois. 20590–0001. 55 lbs. or more with a remote pilot • Hand Delivery or Courier: Take certificate. [FR Doc. 2018–06329 Filed 3–28–18; 8:45 am] BILLING CODE 4910–22–P comments to Docket Operations in [FR Doc. 2018–06332 Filed 3–28–18; 8:45 am] Room Wl2–140 of the West Building BILLING CODE 4910–13–P Ground Floor at 1200 New Jersey DEPARTMENT OF TRANSPORTATION Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Friday, except Federal holidays. • Fax: Fax comments to Docket Federal Highway Administration [Docket No. FRA–2018–0027] Operations at 202–493–2251. Automation in the Railroad Industry Privacy: In accordance with 5 U.S.C. Environmental Impact Statement: 553(c), DOT solicits comments from the Alexander, Pulaski, and Union AGENCY: Federal Railroad public to better inform its rulemaking Counties, Illinois Administration (FRA), Department of process. DOT posts these comments, AGENCY: Federal Highway Transportation (DOT). without edit, including any personal Administration (FHWA), DOT. ACTION: Request for Information (RFI). information the commenter provides, to ACTION: Notice to rescind a Notice of http://www.regulations.gov, as Intent to prepare an Environmental SUMMARY: This request for information described in the system of records Impact Statement. notice replaces the version published in notice (DOT/ALL–14 FDMS), which can the Federal Register on March 22, 2018 be reviewed at http://www.dot.gov/ SUMMARY: The FHWA is issuing this (83 FR 12646), to make technical privacy. notice to advise the public that an corrections to the prior version. FRA Docket: Background documents or environmental impact statement will requests information and comment on comments received may be read at not be prepared for a proposed the future of automation in the railroad http://www.regulations.gov at any time. transportation project in Alexander, industry. FRA is interested in hearing Follow the online instructions for Pulaski, and Union Counties, Illinois from industry stakeholders, the public, accessing the docket or go to the Docket between the intersection of Illinois local and State governments, and any Operations in Room Wl2–140 of the Route 3 with Illinois Route 146 and other interested parties on the potential West Building Ground Floor at 1200 Interstate 57. benefits, costs, risks, and challenges to

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00115 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13584 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

implementing automated railroad railroad operations and how the agency autonomous train operations. The ATO operations. FRA also seeks comment on can best position itself to support the TAG intends to develop standardization how the agency can best support the integration and implementation of new to support common interfaces and railroad industry’s development and automation technologies to increase the functions, such that technology may be implementation of new and emerging safety, reliability, and the capacity of applied in an interoperable fashion, technologies in automation that could the nation’s railroad system. As in other while also allowing some flexibility in lead to safety improvements or transportation modes, there are varying the specific design, implementation and increased efficiencies in railroad levels of automation that already are, or packaging of the technology. operations. could potentially be, implemented in Internationally, the only known fully- autonomous freight railroad system is in DATES: Comments and information the railroad industry. Currently, U.S. Australia. The system is part of the responsive to this request should be passenger and freight railroads do not Australia Rio Tinto mining company received by May 7, 2018. have a fully autonomous rail operation in revenue service, however, railroads and began fully-autonomous train ADDRESSES: You may submit commonly use automated systems for operations on an approximately 62-mile information and comments identified by dispatching, meet and pass trip stretch of track in Western Australia. the docket number FRA–2018–0027 by planning, locomotive fuel trip time This Rio Tinto train is equipped with a any one of the following methods: • optimization, and signaling and train variety of sensors (e.g., radar, cameras, Fax: 1–202–493–2251; kangaroo collisions sensors) and with a • Mail: U.S. Department of control. Railroads conduct many switching and yard operations by switch to toggle between autonomous Transportation, Docket Operations, M– operation or operation with an operator 30, West Building Ground Floor, Room remote control and automated equipment and track inspections on board. W12–140, 1200 New Jersey Avenue SE, FRA seeks to understand the rail Washington, DC 20590; technologies are used to augment • manual inspection methods. Modern industry’s plans for future development Hand Delivery: U.S. Department of and implementation of automated train Transportation, Docket Operations, locomotive cabs are equipped with intelligent information systems systems and technologies and the West Building Ground Floor, Room industry’s plans and expectations W12–140, 1200 New Jersey Avenue SE, designed to provide operating crews with up-to-date situational awareness as related to potential fully-automated rail Washington, DC 20590, between 9 a.m. operations. FRA is specifically and 5 p.m., Monday through Friday, train sensor data and alarms are continuously updated and displayed in interested in the anticipated benefits, except Federal holidays; or costs, risks, and challenges to achieving • Electronically through the Federal operator consoles within the cab. Railroads often now utilize energy the industry’s desired level of eRulemaking Portal, http:// automation. FRA also seeks to www.regulations.gov. Follow the online management technology (the equivalent of automobile cruise-control) to understand how the rail industry’s instructions for submitting comments. plans for future automation may affect Instructions: All submissions must optimize fuel consumption based on other stakeholders, including railroad include the agency name, docket name, specific operational and equipment employees, the traveling public and and docket number for this RFI (FRA– factors, as well as movement planner freight shipping industry, railroad 2018–0027). Note that all comments and systems designed to optimize in real- industry suppliers and equipment data received in response to this RFI time, train movements on the rail manufacturers, communities through will be posted without change to http:// network. Railroads are implementing which railroads operate, local and state www.regulations.gov, including any statutorily mandated positive train governments with roles in regulating personal information provided. Please control technology (a processor-based/ highway-rail grade crossing safety, and see the Privacy Act heading in the communications-based train control system) to prevent train accidents by any other interested parties. SUPPLEMENTARY INFORMATION section of FRA also seeks comment on the automatically controlling train speeds this document for Privacy Act appropriate taxonomy to use to provide and movements if a train operator fails information related to any submitted a baseline framework for the continued to take appropriate action in certain comments or materials. development and implementation of operational scenarios. These various Docket: For access to the docket to automated technology in the railroad systems of automation and technologies read comments received, go to http:// industry. For example, both SAE, for on- have transformed rail operations in www.regulations.gov at any time or to road vehicles, and the International recent years, improving railroad U.S. Department of Transportation, Association of Public Transport’s (UITP) operational safety and efficiency. Docket Operations, M–30, West for public transit fixed guideway (rail) Building Ground Floor, Room W12–140, FRA has helped developed many of have developed taxonomies for their 1200 New Jersey Avenue SE, these technologies and enhancements to respective modes of transportation. Washington, DC, between 9 a.m. and 5 these technologies are currently The SAE definitions divide vehicles p.m., Monday through Friday, except underway to support more advanced into levels based on ‘‘who does what, Federal holidays. train control schemes and fully when.’’ Generally: FOR FURTHER INFORMATION CONTACT: autonomous operations. In the fall of • At SAE Level 0, the driver does Peter Cipriano, Special Assistant to the 2017, the Association of American everything. Administrator, Federal Railroad Railroads, the freight rail industry’s • At SAE Level 1, an automated Administration, 1200 New Jersey primary industry organization that system on the vehicle can sometimes Avenue SE, Washington, DC 20590 focuses on policy, research, standard assist the driver conduct some parts of (telephone: 202–493–6017), setting and technology, formed a the driving task. [email protected]. Technical Advisory Group on • At SAE Level 2, an automated SUPPLEMENTARY INFORMATION: autonomous train operations (ATO system on the vehicle can actually TAG). The focus of the ATO TAG is to conduct some parts of the driving task, I. Overview define industry standards for an while the driver continues to monitor FRA seeks to understand the current interoperable system to support the driving environment and performs stage and development of automated enhanced safety and efficiency of the rest of the driving task.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00116 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13585

• At SAE Level 3, an automated II. Questions Posed of these technologies (e.g., system can both actually conduct some Although FRA seeks comments and environmental, or noise reduction)? parts of the driving task and monitor the relevant information and data on all What societal disadvantages could driving environment in some instances, issues related to the development and occur? but the driver must be ready to take continued implementation of automated 7. What, if anything, is needed from back control when the automated train systems and technologies and other railroad industry participants (e.g., system requests. rail equipment and infrastructure • potentially fully autonomous train At SAE Level 4, an automated operations, FRA specifically requests suppliers, manufacturers, maintainers) system can conduct the driving task and comment and data in response to the to support railroads’ automation efforts? monitor the driving environment, and following questions: 8. How does the state of automation the driver need not take back control, of U.S. railroad operations compare to but the automated system can operate General Questions that of railroads in other countries? only in certain environments and under 1. To what extent do railroads plan to What can be learned from automation certain conditions. automate operations? Do railroads plan employed or under development in • At SAE Level 5, the automated to implement fully autonomous rail other countries? What are the unique system can perform all driving tasks, vehicles (i.e., vehicles capable of characteristics of U.S. railroad under all conditions that a driver could sensing their environments and operations and/or infrastructure as perform them. operating without human input)? If so, compared to railroads in other countries Using the SAE levels described above, for what types of operations? that may affect the wide-scale the Department has drawn a distinction 2. How do commenters envision the automation of railroad operations in this for non-road vehicles between Levels 0– path to wide-scale development and country? 2 and 3–5 based on whether the human implementation of autonomous rail Safety and/or Security Issues driver or the automated system is operations (or operations increasingly primarily responsible for monitoring the reliant on automated train systems or 9. How do commenters believe these driving environment. technologies)? What is the potential technologies could increase rail safety? Automatic Train Operation of public timeframe for technology prototype 10. What processes do railroads have transit fixed guideway (rail) systems is availability for testing and for in place to identify potential safety and/ an operational safety enhancement to deployment of such technologies? or security, including cybersecurity, automate operations of trains. It is 3. As discussed above, the railroad risks arising during the adoption of mainly used on fixed guideway rail industry is currently taking steps in these technologies and that may result systems which are easier to ensure developing standards for automation. from the adoption of such technologies? safety of agency staff and passengers. How does the railroad industry 11. How should railroads plan to Basically, each grade defines distinct currently define ‘‘autonomous ensure identified safety and/or security functions of train operation that are the operations’’? Would it be helpful to risks are adequately addressed during responsibility of agency staff and those develop automated rail taxonomy; a the development and implementation of that are the responsibility of the rail system of standards to clarify and define these new technologies? What is an system itself. different levels of automation in trains, acceptable level of risk in this context? Similar to SAE, UITP defines grades as currently exists for on-road vehicles 12. How should railroads plan to of automation (GoA) for fixed guideway and rail transit? What, if any, efforts are ensure the integration of these (rail) systems. Generally: already under way to develop such rail technologies will not adversely affect, • At UITP Grade 0, on-sight train automation taxonomy? Should FRA and will instead improve, the safety operation, similar to a streetcar running embrace any existing and defined levels and/or security of railroad operations? in mixed traffic. of automation in the railroad industry or 13. What are the safety and security • At UITP Grade 1, manual train other transportation modes such as issues raised by automation in railroad operation where a train operator highways or public transit? For operations at public and private at-grade controls starting and stopping, operation example, should FRA consider SAE highway-rail crossings? To what extent of doors and handling of emergencies or Standard J3016_201609 (see http:// should DOT coordinate with state or sudden diversions. standards.sae.org/j3016_201609/), local governmental entities on certain • At UITP Grade 2, semi-automatic which provides for six GoA for on-road safety or security issues? How might train operation where starting and vehicles, or the four GoA for public automation improve the safety of the stopping is automated, but the train transit fixed guideway vehicles? general public at highway-rail grade operator or conductor controls the 4. What limitations and/or risks (e.g., crossings or along the railroad rights-of doors, drives the train if needed and practical, economic, safety, or other) are way? handles emergencies (many ATO already known or anticipated in 14. How do railroads plan to ensure systems worldwide are Grade 2), implementing these types of safety and security from cyber risks? • At UITP Grade 3, driverless train technologies? How should the railroad 15. How do the safety and/or security, operation where starting and stopping industry anticipate addressing these including cyber risks, faced by U.S. are automated but a train attendant or limitations and/or risks, and what railroads implementing these conductor controls the doors and drives efforts are currently underway to technologies compare to the risks faced the train in case of emergencies. address them? Are any mitigating efforts by railroads operating in other • At UITP Grade 4, unattended train expected in the future and what is the countries? How have railroads in other operation where starting and stopping, timeline for such efforts? countries addressed or mitigated these operation of doors and handling of 5. What benefits and efficiencies (e.g., risks? Are there opportunities for cross- emergencies are fully automated practical, economic, safety, or other) do border collaboration to address such without any on-train staff. commenters anticipate that railroads risks? FRA requests comment on whether will be able to achieve by implementing these or other taxonomies for these technologies? Infrastructure automation should be applied to 6. What societal benefits if any, could 16. What are the infrastructure needs railroads. be expected to result from the adoption for effectively, safely, and securely

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00117 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13586 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

implementing these technologies? FRA be leveraged to address future electronic form of all filings received is particularly interested in wayside, government/industry research needs? into any of DOT’s dockets by the name communication, onboard, operating of the individual submitting the filing III. Public Participation personnel, testing, maintenance, (or signing the filing, if submitted on certification, and data infrastructure FRA invites all interested parties to behalf of an association, business, labor needs, as well as any other expected or submit comments, data, and information union, or other organization). You may anticipated infrastructure needs. related to the specific questions listed in review DOT’s complete Privacy Act 17. How can the nation’s existing rail Section II above and any other Statement published in the Federal infrastructure be leveraged to support comments, data, or information relevant Register on April 11, 2000 (Volume 65, the implementation of new to issues related to the development and Number 70, Pages 19477–78), or you infrastructure, necessary for the implementation in the railroad industry may view the privacy notice of adoption of automated and autonomous of new automated train systems or regulations.gov at http:// operations? technologies. www.regulations.gov/#!privacyNotice. Workforce Viability How do I prepare and submit Authority: 49 U.S.C. 20101 et seq. comments? Issued in Washington, DC, on March 23, 18. What is the potential impact of the Your comments should be written and 2018. adoption of these technologies on the in English. To ensure that your Brett A. Jortland, existing railroad industry workforce? comments are filed in the correct Acting Deputy Chief Counsel. 19. Would the continued docket, please include docket number implementation of these technologies, [FR Doc. 2018–06281 Filed 3–28–18; 8:45 am] FRA–2018–0027 in your comments. BILLING CODE 4910–06–P including fully autonomous rail Please submit your comments to the vehicles, create new jobs and/or docket following the instruction given eliminate the need for existing jobs in above under ADDRESSES. If you are DEPARTMENT OF THE TREASURY the railroad industry? submitting comments electronically as a 20. What railroad employee training PDF (Adobe) file, we ask that the Agency Information Collection needs would likely result from the document submitted be scanned using Activities; Submission for OMB adoption of these technologies? For an Optical Character Recognition Review; Comment Request; Multiple example, if the technology fails en process, thus allowing FRA to search TTB Information Collection Requests route, will an onboard employee be your comments. trained to take over operation of the AGENCY: Departmental Offices, U.S. vehicle manually or be required to How do I request confidential treatment Department of the Treasury. repair the technology en route? of my submission? ACTION: Notice. Although FRA encourages the Legal/Regulatory Issues submission of information that can be SUMMARY: The Department of the 21. What potential legal issues are freely and publicly shared, if you wish Treasury will submit the following raised by the development and to submit any information under a claim information collection requests to the implementation of autonomous train of confidentiality, you must follow the Office of Management and Budget systems and technologies within the procedures in 49 CFR 209.11. (OMB) for review and clearance in industry? accordance with the Paperwork Will FRA consider late comments? Reduction Act of 1995, on or after the 22. What are the regulatory challenges date of publication of this notice. The (rail-specific or DOT-wide) that must be FRA will consider all comments public is invited to submit comments on addressed before autonomous rail received before the close of business on these requests. vehicles can be made a part of railroad the comment closing date indicated operations in the United States? above under DATES. To the extent DATES: Comments should be received on 23. Are there current safety standards possible, FRA will also consider or before April 30, 2018 to be assured and/or regulations that impede the comments after that date. of consideration. development and/or implementation of How can I read the comments submitted ADDRESSES: Send comments regarding automated train systems or technologies by other people? the burden estimate, or any other aspect in the railroad industry, including the of the information collection, including You may read the comments received suggestions for reducing the burden, to development and/or implementation of at the address given above under autonomous rail vehicles? If so, what (1) Office of Information and Regulatory Comments. The hours of the docket are Affairs, Office of Management and are they and how should they be indicated above in the same location. addressed? Budget, Attention: Desk Officer for You may also read the comments on the Treasury, New Executive Office Opportunities for Joint Government/ internet, filed in the docket number at Building, Room 10235, Washington, DC Industry Cooperation the heading of this notice, at http:// 20503, or email at OIRA_Submission@ www.regulations.gov. 24. Are there current or anticipated OMB.EOP.gov and (2) Treasury PRA Please note that, even after the Clearance Officer, 1750 Pennsylvania railroad industry, private, international, comment closing date, FRA will or State or local government pilot Ave. NW, Suite 8142, Washington, DC continue to file any relevant information 20220, or email at [email protected]. projects or research initiatives involving it receives in the docket as it becomes FOR FURTHER INFORMATION CONTACT: automated train systems or technologies available. Further, some people may Copies of the submissions may be potentially in need of FRA support? If submit late comments. Accordingly, obtained from Jennifer Quintana by so, what are the needs (e.g., regulatory, FRA recommends that you periodically emailing [email protected], calling technical)? check the docket for new material. 25. What data relevant to the (202) 622–0489, or viewing the entire development and integration of IV. Privacy Act Statement information collection request at automated train systems and FRA notes that anyone is able to www.reginfo.gov. technologies currently exists that could search (at www.regulations.gov) the SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices 13587

Alcohol and Tobacco Tax & Trade sets forth Federal excise tax rates and of spirits byproducts, which must be Bureau (TTB) application, permit, and other maintained for at least 3 years. Based on 1. Title: Volatile Fruit-Flavor requirements related to alcohol products those records, the part 19 regulations Concentrate Plants—Applications and produced in or imported into the United also require DSP proprietors to submit Related Records (TTB REC 5520/2). States. However, while volatile fruit- monthly reports of production OMB Control Number: 1513–0006. flavor concentrates contain alcohol operations on TTB F 5110.40. To protect Type of Review: Extension without when they are manufactured from the the revenue, TTB uses the collected change of a currently approved mash or juice of a fruit by an information to verify the amount of collection. evaporative process, under the IRC at 26 distilled spirits produced at a DSP, to Abstract: In general, chapter 51 of the U.S.C. 5511, alcohol excise tax and most account for the proprietor’s resulting Internal Revenue Code (IRC; 26 U.S.C.) other provisions of chapter 51 do not excise tax liability, and to determine the sets forth Federal excise tax rates and apply to such concentrates if their amount of bond coverage required, if application, permit, and other manufacturers file applications, keep any. Form: TTB F 5110.40. requirements related to alcohol products records, submit reports, and meet Affected Public: Businesses or other produced in or imported into the United certain other requirements prescribed by for-profits. States. However, while volatile fruit- regulation for the protection of the revenue. As authorized by that IRC Estimated Total Annual Burden flavor concentrates contain alcohol Hours: 38,400. when they are manufactured from the section, the TTB regulations in 27 CFR 4. Title: Wholesale Dealers Records of mash or juice of a fruit by an part 18 require volatile fruit-flavor Receipt of Alcoholic Beverages, evaporative process, under the IRC at 26 concentrate manufacturers to submit an Disposition of Distilled Spirits, and U.S.C. 5511, alcohol excise tax and most annual summary report using form TTB F 5520.2 to account for all concentrates Monthly Summary Report, TTB REC other provisions of chapter 51 do not 5170/2. apply to such concentrates if their produced, removed, or treated so as to be unfit for beverage use. Concentrate OMB Control Number: 1513–0065. manufacturers file applications, keep Type of Review: Revision of a manufacturers compile this report from records, and meet certain other currently approved collection. requirements prescribed by regulation usual and customary records kept Abstract: The Internal Revenue Code for the protection of the revenue. Under during the normal course of business, (IRC) at 26 U.S.C. 5121 requires the TTB regulations in 27 CFR part 18, and, under the part 18 regulations, wholesale dealers in liquors to keep respondents apply to register volatile respondents must retain such records daily records of all distilled spirits fruit-flavor plants using form TTB F for 3 years. The annual summary reports received and disposed of, and, at the 5520.3. The TTB regulations also and their supporting records are Secretary’s discretion, to submit require the filing of an amended TTB F necessary to protect the revenue; TTB periodic summaries of those daily 5520.3 to report any change affecting the uses the required information to verify records. This IRC section also requires accuracy of the original application, as that volatile fruit-flavor concentrates, wholesale dealers in liquors and well as the filing of letterhead which contain untaxed alcohol, are not wholesale dealers in beer to keep daily applications regarding certain volatile being diverted to taxable alcohol records of all wine and beer received. In fruit-flavor concentrate plant matters beverage use. addition, section 5121 authorizes the not covered by TTB F 5520.3. In Form: TTB F 5520.2. Secretary to issue regulations regarding addition, volatile fruit-flavor Affected Public: Businesses or other the keeping and submission of these concentrate manufacturers are required for-profits. records and summary reports by such to maintain an ongoing record file of all Estimated Total Annual Burden wholesale dealers. The IRC at 26 U.S.C. approved applications forms and letters Hours: 18. 5123 also sets forth retention and and any related supporting documents 3. Title: Distilled Spirits Production inspection requirements for the required on or convenient to their plant Records (TTB REC 5110/01) and wholesale dealer records and reports. premises. TTB uses the application Monthly Report of Production Under these IRC authorities, TTB has information and record file to identify Operations. issued regulations applicable to the persons responsible for, the location OMB Control Number: 1513–0047. wholesale dealers, which are contained of, the distilling equipment in, and Type of Review: Extension without in 27 CFR part 31. These regulations operations conducted at a concentrate change of a currently approved require wholesale dealers to keep usual plant in order to protect the revenue collection. and customary business records, such as since volatile fruit-flavors could be Abstract: The Internal Revenue Code consignment and purchase invoices, to diverted for use as taxable alcohol (IRC) at 26 U.S.C. 5001 sets forth, in document their daily receipt and beverages. general, the Federal excise tax rates for disposition of distilled spirits and their Form: TTB F 5520.3. distilled spirits produced in or imported daily receipt of wine and beer. TTB, at Affected Public: Businesses or other into the United States, and at 26 U.S.C. its discretion, also may require a for-profits. 5207 the IRC requires distilled spirit particular wholesale liquor dealer to Estimated Total Annual Burden plant (DSP) proprietors to maintain submit monthly summary reports Hours: 110. records of production, storage, regarding all distilled spirits received 2. Title: Volatile Fruit-Flavor denaturation, and processing activities and disposed of on a daily basis. In Concentrate Manufacturers—Annual and to render reports covering those addition, the TTB regulations require Report, and Usual and Customary operations, as may be prescribed by that wholesaler dealers keep the Business Records (TTB REC 5520/1). regulation. The TTB regulations in 27 required records and copies of any OMB Control Number: 1513–0022. CFR part 19 require DSP proprietors to required monthly summary reports at Type of Review: Extension without keep records regarding the production their place of business, available for change of a currently approved materials used to produce spirits, the TTB inspection, for at least 3 years. collection. amount of spirits produced, the Form: None. Abstract: In general, chapter 51 of the withdrawal of spirits from the Affected Public: Businesses or other Internal Revenue Code (IRC; 26 U.S.C.) production account, and the production for-profits.

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES 13588 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

Estimated Total Annual Burden DEPARTMENT OF THE TREASURY Internal Revenue Service (IRS) Hours: 1,200. Agency Information Collection Title: Changes in Periods of 5. Title: Specific and Continuing Activities; Submission for OMB Accounting. Export Bonds for Distilled Spirits or Review; Comment Request; Changes OMB Control Number: 1545–1786. Wine. in Periods of Accounting Type of Review: Revision of a currently approved collection. OMB Control Number: 1513–0135. AGENCY: Departmental Offices, U.S. Type of Review: Revision of a Department of the Treasury. Abstract: This previously approved Revenue Procedure’s 2006–45 (modified currently approved collection. ACTION: Notice. and clarified by 2007–64), 2006–46, and Abstract: The IRC at 26 U.S.C. 5175, SUMMARY: The Department of the 2002–39 (modified by 2003–79) provide 5214, and 5362 authorizes exporters Treasury will submit the following the comprehensive administrative rules (other than proprietors of distilled information collection requests to the and guidance for affected taxpayers spirits plants or bonded wine premises) Office of Management and Budget adopting, changing, or retaining annual to withdraw distilled spirits and wine, (OMB) for review and clearance in accounting periods, for federal income without payment of tax, for export if the accordance with the Paperwork tax purposes. In order to determine exporter provides a bond, as prescribed Reduction Act of 1995, on or after the whether a taxpayer has properly by regulation. In order to protect the date of publication of this notice. The adopted, changed to, or retained an revenue and provide exporters with a public is invited to submit comments on annual accounting period, certain degree of flexibility based on individual these requests. information regarding the taxpayer’s need, the TTB alcohol export DATES: Comments should be received on qualification for and use of the regulations in 27 CFR part 28 allow or before April 30, 2018 to be assured requested annual accounting period is exporters to file either a specific bond of consideration. required. The revenue procedures using TTB F 5100.25 to cover a single ADDRESSES: Send comments regarding request the information necessary to shipment or a continuing bond using the burden estimate, or any other aspect make that determination when the TTB F 5100.30 to cover export of the information collection, including information is not otherwise available. shipments made from time to time. suggestions for reducing the burden, to The only collection of information being reported under this ICR is the Form: TTB F 5100.25, TTB F 5100.30. (1) Office of Information and Regulatory Affairs, Office of Management and information in Revenue Procedure Affected Public: Businesses or other Budget, Attention: Desk Officer for 2002–39. The burden under Revenue for-profits. Treasury, New Executive Office Procedure 2006–45 and 2006–46 are Estimated Total Annual Burden Building, Room 10235, Washington, DC being reported under their respective Hours: 20. 20503, or email at OIRA_Submission@ forms (1545–0134 and 1545–0123). OMB.EOP.gov and (2) Treasury PRA Forms: None. Authority: 44 U.S.C. 3501 et seq. Clearance Officer, 1750 Pennsylvania Affected Public: Businesses or other Dated: March 26, 2018. Ave. NW, Suite 8142, Washington, DC for-profits. Spencer W. Clark, 20220, or email at [email protected]. Estimated Total Annual Burden Treasury PRA Clearance Officer. FOR FURTHER INFORMATION CONTACT: Hours: 600. [FR Doc. 2018–06305 Filed 3–28–18; 8:45 am] Copies of the submissions may be obtained from Jennifer Quintana by Authority: 44 U.S.C. 3501 et seq. BILLING CODE 4810–31–P emailing [email protected], calling Dated: March 26, 2018. (202) 622–0489, or viewing the entire Jennifer P. Quintana, information collection request at Treasury PRA Clearance Officer. www.reginfo.gov. [FR Doc. 2018–06340 Filed 3–28–18; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P

VerDate Sep<11>2014 19:09 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00120 Fmt 4703 Sfmt 9990 E:\FR\FM\29MRN1.SGM 29MRN1 sradovich on DSK3GMQ082PROD with NOTICES Vol. 83 Thursday, No. 61 March 29, 2018

Part II

Federal Communications Commission

47 CFR Part 54 Connect America Fund Phase II Auction; Notice and Filing Requirements and Other Procedures for Auction 903; Final Rule

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13590 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

FEDERAL COMMUNICATIONS transition.fcc.gov/Daily_Releases/Daily_ filing window deadline is March 30, COMMISSION Business/2018/db0201/FCC-18-6A1.pdf. 2018 at 6:00 p.m. ET. The Auction Bidding Tutorial will be available via I. Introduction 47 CFR Part 54 the internet by June 28, 2018. The mock 1. The Commission establishes auction begins during the week of July [AU Docket No. 17–182; WC Docket No. 10– procedures for the Connect America 90; FCC 18–6] 16, 2018. The auction begins on July 24, Fund Phase II auction (Phase II auction, 2018. auction, or Auction 903), thus furthering Connect America Fund Phase II 5. Requirements for Participation. its progress toward closing the digital Auction; Notice and Filing Those wishing to participate in this divide for all Americans, including Requirements and Other Procedures auction must submit a short-form those in rural areas of the country. The for Auction 903 application (FCC Form 183) Phase II auction will award up to $198 electronically prior to 6:00 p.m. ET, million annually for 10 years to service AGENCY: Federal Communications March 30, 2018, following the electronic providers that commit to offer voice and Commission. filing procedures that will be provided broadband services to fixed locations in ACTION: Final action; requirements and in a public notice to be released in unserved high-cost areas. The auction is procedures. advance of the opening of the short-form scheduled to begin on July 24, 2018. application filing window and comply SUMMARY: In the document, the Federal 2. Auction 903 will be the first with all provisions outlined in the Communications Commission auction to award ongoing high-cost document and applicable Commission (Commission) establishes the universal service support using a rules. procedures for the Connect America multiple-round, reverse auction. Fund Phase II auction (Phase II auction, Through this auction, the Commission III. Public Interest Obligations auction, or Auction 903). The auction intends to maximize the value the will award up to $1.98 billion over 10 American people receive for the 6. Each winning bidder that is years to providers that commit to offer universal service dollars it spends, authorized to receive Phase II support voice and broadband services to fixed balancing higher-quality services with after the close of the auction will be locations in unserved high-cost areas. cost efficiencies. Therefore, the auction required to offer voice and broadband The auction is scheduled to begin on is designed to select bids from providers services meeting the relevant July 24, 2018. that would deploy high-speed performance requirements to fixed locations. It must make these services DATES: Auction 903 short-form broadband and voice services in unserved communities for lower relative available to the required number of applications must be filed prior to 6 locations associated with the eligible p.m. Eastern Time (ET) on March 30, levels of support. The bidding procedures will be implemented census blocks for which it is the 2018. Bidding in Auction 903 is winning bidder. The number of scheduled to begin on July 24, 2018. through the Auction 903 bidding system, which will enable a bidder to locations that a support recipient is FOR FURTHER INFORMATION CONTACT: express in a simple and orderly way the required to serve in the eligible census Heidi Lankau or Katie King, amount of support it needs to provide blocks is aggregated to the census block Telecommunications Access Policy a specified level of service to a specified group (CBG) level, which is the Division, Wireline Competition Bureau, set of eligible areas. geographic area that will be used for (202) 418–7400 or TTY (202) 418–0484; bidding in the auction. In the auction, Mark Montano or Angela Kung, II. Auction Specifics the Commission will accept bids for Auctions and Spectrum Access 3. Auction Title and Start Date. The service at one of four performance tiers, Division, Wireless Telecommunications auction is referred to as ‘‘Auction 903— each with its own minimum download Bureau, (202) 418–0660. Connect America Fund Phase II.’’ and upload speed and usage allowance, SUPPLEMENTARY INFORMATION: This is a Bidding in Auction 903 will begin on and for either high or low latency synopsis of the Commission’s document July 24, 2018. The initial schedule for service, as shown in the tables below. in AU Docket No. 17–182; WC Docket bidding rounds will be announced by Winning bidders that become No. 10–90; FCC 18–6, released on public notice approximately one week authorized to receive Phase II support February 1, 2018 (CAF II Auction before the start of the auction. must deploy broadband service that Procedures Public Notice). The full text 4. Auction 903 Dates and Deadlines. meets the performance tier and latency of this document is available for public The Auction Application Tutorial will requirements associated with their inspection during regular business be available via the internet by March winning bids. Each Connect America hours in the FCC Reference Center, 13, 2018. The Short-Form Application Fund support recipient must offer voice Room CY–A257, 445 12th St. SW, (FCC Form 183) filing window opens as a standalone service, but may Washington, DC 20554 or at the March 19, 2018 at 12:00 noon ET. The separately bundle its broadband following internet address: https:// Short-Form Application (FCC Form 183) offerings with a voice service.

Performance tier Speed Monthly usage allowance Weight

Minimum ...... ≥10/1 Mbps ...... ≥150 gigabytes (GB) ...... 65 Baseline ...... ≥25/3 Mbps ...... ≥150 GB or U.S. median, whichever is higher ...... 45 Above Baseline ...... ≥100/20 Mbps ...... ≥2 terabytes (TB) ...... 15 Gigabit ...... ≥1 Gbps/500 Mbps ...... ≥2 TB ...... 0

Latency Requirement Weight

Low Latency ...... ≤100 ms ...... 0 High Latency ...... ≤750 ms & MOS ≥4 ...... 25

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13591

7. Phase II support recipients are adding up the locations in all the 2017 based on December 31, 2016 FCC permitted to offer a variety of broadband eligible census blocks in the state Form 477 data. The list contains two service offerings as long as they offer at covered by authorized winning bids tables. The first table identifies the least one standalone voice plan and one specifying the particular performance CBGs eligible for bidding in the Phase service plan that provides broadband at tier and latency combination. II auction and lists the CBG the relevant performance tier and 11. The Commission also decided that identification number (the 12-digit latency requirements, and these plans a support recipient that faces unforeseen Census code), the relevant state must be offered at rates that are challenges may take advantage of the abbreviation, the county name, the reasonably comparable to rates offered flexibility to serve, at a minimum, 95 number of locations that are eligible for in urban areas. For voice service, a percent of the required number of Phase II support, and the reserve price support recipient will be required to locations in a state. Support recipients (on an annual basis) rounded to the certify that the pricing of its service is that offer service to at least 95 percent nearest dollar. The second table no more than the applicable reasonably of locations but fewer than 100 percent identifies the eligible census blocks comparable rate benchmark that the of locations must refund support based within the CBGs that are eligible for Commission’s Wireline Competition on the number of locations left unserved bidding in the Phase II auction. This Bureau (WCB) releases each year. For in the state. table lists the census block broadband services, a support recipient 12. In the event a support recipient identification number (the 15-digit will be required to certify that the cannot identify enough locations in the Census code), the relevant state pricing of a service that meets the eligible census blocks in its winning abbreviation, the county name, and the required performance tier and latency bids to meet its statewide obligation, it CBG identification number. All the performance requirements is no more will have one year after release of the eligible census blocks within a CBG will than the applicable reasonably Phase II auction closing public notice to be aggregated for bidding purposes. The comparable rate benchmark, or that it is file evidence of the total number of table includes approximately 214,000 no more than the non-promotional price locations in those blocks, including census blocks that are within charged for a comparable fixed wireline geolocation data of all the locations it approximately 30,300 CBGs, located in broadband service in the state or U.S. was able to identify. The support 50 states and territories. The territory where the eligible recipient’s filing will be subject to Commission directs WCB to release a telecommunication carrier (ETC) review and comment by relevant revised map and list of eligible areas receives support. stakeholders and an audit. If the support that removes census block groups with 8. The Commission has adopted recipient demonstrates that the number a $0 reserve price and census blocks specific service milestones that require of actual, on-the-ground locations is that overlap certain rate-of-return carrier each winning bidder authorized to lower than the number estimated by the study area boundaries. receive Phase II support to offer service CAM, its state location total will be to a portion of the number of locations adjusted, and its support will be V. Applying To Participate in Auction associated with the eligible census reduced on a pro rata basis. If a support 903 blocks included in its authorized recipient finds that the number of actual 15. General Information Regarding winning bids in a state. Specifically, locations has increased, its location total Short-Form Applications. An each support recipient must complete and support will not be increased. application to participate in Auction construction and begin commercially 13. To monitor each support 903, referred to as a short-form offering service to 40 percent of the recipient’s compliance with the Phase II application or FCC Form 183, provides requisite number of locations in a state auction public interest obligations, the information used to determine whether by the end of the third year of funding Commission has adopted reporting the applicant has the legal, technical, and to an additional 20 percent in each requirements described in detail in the and financial qualifications to subsequent year, with 100 percent by Phase II Auction Order, 81 FR 44413, participate in a Commission auction for the end of the sixth year. A support July 7, 2016. These include reporting a universal service support. The short- recipient is deemed to be commercially list of geocoded locations each year to form application is the first part of the offering voice and/or broadband service which the support recipient is offering Commission’s two-phased auction to a location if it provides service to the the required voice and broadband application process. In the first phase, location or could provide it within 10 services, making a certification when an entity seeking to participate in the business days upon request. the support recipient has met service auction must file a short-form 9. Compliance will be determined at milestones, and submitting the annual application in which it certifies, under the state-level. The Commission will FCC Form 481 report. A support penalty of perjury, its qualifications. verify that the support recipient offers recipient that fails to offer service to the Eligibility to participate in the Phase II the required service to the total number required number of locations by a auction is based on an applicant’s short- of locations across all the eligible census service milestone will be subject to non- form application and certifications. A blocks included in all of the support compliance measures. A support potential applicant must take seriously recipient’s authorized bid areas (i.e., recipient will also be subject to any non- its duties and responsibilities and CBGs) in a state. If a support recipient compliance measures that are adopted carefully determine before filing a short- is authorized to receive support in a in conjunction with a methodology for form application that it is able to meet state for different performance tier and high-cost support recipients to measure the public interest obligations latency combinations, it will be required and report network performance. associated with Phase II support if it to demonstrate that it is offering service ultimately becomes a winning bidder in meeting the relevant performance IV. Eligible Areas the auction. The Commission’s requirements to the required number of 14. The Commission will use CBGs determination that an applicant is locations for each performance tier and containing one or more eligible census qualified to participate in Auction 903 latency combination within that state. blocks as the minimum geographic area does not guarantee that the applicant 10. The required number of locations for bidding in the auction. WCB will also be deemed qualified to receive for each performance tier and latency released a list of the eligible census Phase II support if it becomes a winning combination will be determined by blocks for Auction 903 in December bidder. In the second phase of the

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13592 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

process, each winning bidder must file applicant is not permitted to make the application filing deadline, each a more comprehensive long-form major modifications to its application applicant should provide a brief application (FCC Form 683), which the after the short-form application filing description of, and identify the other Commission will review to determine if deadline. Submitting a false certification party or parties to, the agreement on its a winning bidder should be authorized to the Commission may result in respective FCC Form 183, even if the to receive support for its winning bids. penalties, including monetary agreement has not been reduced to 16. An entity seeking to participate in forfeitures, the forfeiture of universal writing. If an applicant has had Auction 903 must file a short-form service support, license forfeitures, discussions, but has not reached an application electronically via the FCC’s ineligibility to participate in future agreement by the close of the initial Auction Application System prior to auctions, and/or criminal prosecution. filing window, it should not include the 6:00 p.m. ET on March 30, 2018. Among 20. After the initial short-form names of parties to the discussions on other things, an applicant must submit application filing deadline, Commission its application and may not continue operational and financial information staff will review all timely submitted such discussions with any applicants demonstrating that it can meet the applications to determine whether each after the close of the initial filing service requirements associated with the application complies with the window until after the auction closes. performance tier and latency application requirements and has 23. Ownership Disclosure combination(s) for which it intends to provided all required information Requirements. Each applicant must bid. Below the Commission describes concerning the applicant’s comply with the ownership disclosure more fully the information disclosures qualifications for bidding. After this requirements in §§ 1.2112(a) and and certifications required in the short- review is completed, a public notice 54.315(a)(1) of the Commission’s rules. form application. An applicant that files will be released announcing the status Specifically, in completing the short- a short-form application is subject to the of applications and identifying the form application, an applicant must Commission’s rule prohibiting certain applications that are complete and those fully disclose information regarding the communications. An applicant is that are incomplete because of minor real party- or parties-in-interest in the subject to the prohibition beginning at defects that may be corrected. This applicant or application and the the deadline for filing short-form public notice also will establish an ownership structure of the applicant, applications. application resubmission filing window, including both direct and indirect 17. An applicant bears full during which an applicant may make ownership interests of 10 percent or responsibility for submitting an permissible minor modifications to its more, as prescribed in § 1.2112(a) of the accurate, complete, and timely short- application to address identified Commission’s rules. Each applicant is form application. An applicant should deficiencies. The public notice will responsible for ensuring that consult the Commission’s rules to include the deadline for resubmitting information submitted in its short-form ensure that, in addition to the materials modified applications. After the review application is complete and accurate. described below, all required of resubmitted applications is complete, 24. In certain circumstances, an information is included in its short-form a public notice will be released applicant may have previously filed an application. To the extent the identifying the applicants that are FCC Form 602 ownership disclosure information in the document does not qualified to bid. information report or filed an auction address a potential applicant’s specific 21. Disclosure of Agreements and application for a previous auction in operating structure, or if the applicant Bidding Arrangements. An applicant which ownership information was needs additional information or must identify in its short-form disclosed. The most current ownership guidance concerning the following application all real parties in interest to information contained in any FCC Form disclosure requirements, the applicant any agreements relating to the 602 or previous auction application on should review the educational materials participation of the applicant in the file with the Commission that used the for Auction 903 and/or use the contact competitive bidding for Phase II same FRN the applicant is using to information provided in the document support. This disclosure requirement submit its FCC Form 183 will to consult with Commission staff to applies to any arrangements with parties automatically be pre-filled into certain better understand the information it that are applying to participate in ownership sections on the applicant’s must submit in its short-form Auction 903 as well as parties that are FCC Form 183, if such information is in application. not. An applicant that discloses any an electronic format compatible with 18. The same entity may not bid based such agreement(s) must provide in its FCC Form 183. Each applicant must on more than one auction application, short-form application a brief carefully review any ownership i.e., as more than one applicant. description of each agreement. information automatically entered into Therefore, an entity may not submit 22. An applicant must certify under its FCC Form 183, including any more than one short-form application penalty of perjury in its short-form ownership attachments, to confirm that for Auction 903. If an entity submits application that it has disclosed all real all information supplied on FCC Form multiple short-form applications, only parties in interest to any agreements 183 is complete and accurate as of the one application may be the basis for that involving the applicant’s participation application filing deadline for Auction entity to become qualified to bid. in the competitive bidding for Phase II 903. Any information that needs to be 19. An applicant should note that support. An applicant must also certify corrected or updated must be changed submitting a short-form application (and under penalty of perjury that it has not directly in FCC Form 183. any amendments thereto) constitutes a entered into any explicit or implicit 25. Specific Universal Service representation by the certifying official agreements, arrangements, or Certifications. An applicant must certify that he or she is an authorized understandings of any kind related to that it is in compliance with all representative of the applicant, that he the support to be sought through the statutory and regulatory requirements or she has read the form’s instructions Phase II auction, other than those for receiving the universal service and certifications, and that the contents disclosed in its application. For support it seeks. Alternatively, if of the application, its certifications, and purposes of making the required expressly allowed by the rules specific any attachments are true and correct. As agreement disclosures, if parties agree in to a high-cost support mechanism, an more fully explained below, an principle on all material terms prior to applicant may certify that it

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13593

acknowledges that it must be in as any arrangements relating to the post- meet the public interest obligations. A compliance with such requirements auction market structure in an eligible holding/parent company or a before being authorized to receive Phase area. consortium/joint venture short-form II support. 30. Entities that are commonly applicant that intends to form a new 26. In addition, an applicant must controlled or are parties to a joint operating company if it is named as a certify that it will make any default bidding arrangement have two options winning bidder is expected to take payment that may be required pursuant for submitting short-form applications whatever steps are necessary to form the to § 1.21004, and that it is aware that if to avoid the restriction on state operating company in advance of the its application is shown to be defective, overlaps. It is important that such long-form application filing deadline. the application may be dismissed entities carefully consider these options The identified operating company must without further consideration and prior to the short-form application filing also be the entity that is designated as penalties may apply. deadline. At the deadline, the the ETC by the relevant state(s) in the 27. Specific Phase II Eligibility prohibition of certain communications areas covered by the winning bid(s) and Requirements and Certifications. State begins, and after that time, only minor is named in the letter of credit Selections and Impermissible State amendments or modifications to applicable to the specific winning bids Overlaps. An applicant must select the applications will be permitted. for which it becomes authorized for specific state(s) in which it wishes to 31. First, such entities may submit a support. bid when submitting its short-form single short-form application and 33. The second way commonly application. For purposes of the short- qualify to bid as one applicant in a state. controlled entities or parties to a joint form application, the term ‘‘state’’ shall To facilitate the identification of such bidding arrangement can participate is also include the District of Columbia applications, an applicant will indicate by submitting short-form applications and U.S. territories to the extent they whether it is submitting the application and qualifying to bid independently, contain eligible areas. An applicant will on behalf of itself and one or more though not in the same state. Such be able to place bids for eligible areas existing operating companies, and if so, applicants must exercise due diligence only in the state(s) identified in its to identify such companies. Similarly, to confirm prior to submitting their short-form application and for which it parties to a joint bidding arrangement respective short-form applications that is deemed eligible to bid. An applicant may form a consortium or a joint no other commonly controlled entity or should take appropriate steps to ensure venture and submit a single short-form party to a joint bidding arrangement, or that the state(s) it selects fully reflect its application that identifies each party to an entity that controls any party to such bidding intentions because an applicant the consortium or joint venture. At least an arrangement, has indicated its intent may not select any additional states in one related entity, affiliate, or member to bid in any of the same state(s) that which to bid after the initial short-form of the holding or parent company, each of the applicants has selected. To application filing window closes. consortium, or joint venture identified that end, an applicant must certify in its However, an applicant will be permitted in the short-form application must short-form application that it to remove any state(s) it selected on its demonstrate that it meets the acknowledges that it cannot place any short-form application during the operational and financial requirements bids in the same state as (i) another application resubmission filing window. of § 54.315(a)(7). commonly controlled entity, (ii) another 28. In addition, to discourage 32. If a holding/parent company or a party to a joint bidding arrangement coordinated bidding that may consortium/joint venture is announced related to Phase II support that it is a disadvantage other bidders, separate as a winning bidder in Auction 903, the party to, or (iii) any entity that controls applicants that are commonly controlled entity may designate at least one a party to such an arrangement. And, as or are parties to a joint bidding operating company controlled by the noted above, to help identify any arrangement are prohibited from holding/parent company or by a impermissible state overlaps, an bidding in any of the same states. member of (or an entity controlled by a applicant must provide in its short-form Knowing the specific state(s) for which member of) the consortium/joint application a brief description of any an applicant intends to bid, as well as venture that will be authorized to bidding arrangements that are required its ownership and bidding arrangement receive Phase II support for the winning to be disclosed. information, all of which is collected on bids in a state. While more than one 34. If, during short-form application the short-form application, will help the operating company may be designated review, applicants that are commonly Commission ensure that applicants in a state, an operating company must controlled and/or parties to a joint comply with this prohibition. be identified for each winning bid, bidding arrangement are found to have 29. Commonly controlled applicants whether the bid covers one CBG or a selected the same state(s) in their are those in which the same individual package of CBGs. Thus, a winning respective applications, all such or entity either directly or indirectly bidder cannot apportion either eligible applications will be deemed to be holds a controlling interest. To identify census blocks within a winning bid for incomplete on initial review. The WCB commonly controlled applicants, the a CBG or separate CBGs within a and the Wireless Telecommunications Commission defines a ‘‘controlling winning package bid among multiple Bureau (WTB) (collectively, the interest’’ for purposes of the Phase II operating companies. The operating Bureaus) will inform each affected auction as an individual or entity with company that seeks authorization for applicant of the identity of each of the positive or negative de jure or de facto Phase II support must file the long-form other applicant(s) with which it has an control of the applicant. In addition, the application in its own name. Because impermissible state overlap and the Commission defines ‘‘joint bidding the operating company is the entity that specific overlapping state(s). To the arrangements’’ as those that (i) relate to will be required to meet the associated extent that an affected applicant has any eligible area in the Phase II auction Phase II public interest obligations, the disclosed a joint bidding arrangement and (ii) address or communicate bids or operating company should be the entity with one or more of the other affected bidding strategies, including that will make the required applicants, these applicants must decide arrangements regarding Phase II support certifications in the long-form amongst themselves which applicant (if levels (i.e., bidding percentages) and application about its technical and any) will bid in each overlapping state. specific areas on which to bid, as well financial qualifications and that will Then, the applicants must revise their

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13594 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

short-form applications during the services for at least two years, it must it must submit the audited financial application resubmission window, as certify that it (or its parent company, if statements of its parent company. appropriate, so that only one of the it is a wholly owned subsidiary) has Because the short-form application applications includes the overlapping filed FCC Form 477s as required during filing window opens in the first quarter state and thus only one of the applicants that time period. It must also identify of 2018, the Commission requires that can be deemed eligible to bid on that the FRNs it (or its parent company) used an applicant submit its (or its parent particular state. However, if the to file the FCC Form 477s for the company’s) 2016 audited financial overlapping state(s) remain listed in relevant filing periods. The relevant statements. However, an applicant may, more than one of the affected FCC Form 477 filing periods include and is encouraged to, instead submit its applicants’ applications after the close data as of June 30, 2016; December 31, fiscal year-end 2017 audited financial of the resubmission filing window, none 2016; and June 30, 2017. FCC Form 477 statements if they are finalized before of the affected applicants will be eligible data for these periods that were on file the short-form application deadline. to bid in the overlapping state(s). Any as of February 5, 2018 will be used to 39. If an applicant (or its parent affected applicant that has not entered validate an applicant’s representation company) is not audited in the ordinary into a joint bidding arrangement with on the short-form application that it has course of business and the applicant the other affected applicant(s) been providing a voice and/or does not submit its audited financial (including commonly controlled broadband service for at least two years. statements with the short-form entities) and disclosed that arrangement If the applicant certifies that it has been application, it must certify that the long- on its short-form application will be providing only electric distribution or form applicant will submit its (or its barred by the Commission’s prohibited transmission services for at least two parent company’s) audited financial communications rule from discussing years (i.e., it has not also been providing statements from the prior fiscal year the overlap with any of the other voice or broadband service for at least within 180 days after being announced affected applicant(s). As a result, such two years), it must submit with its short- as a winning bidder. Such an applicant applicants will be prohibited from form application qualified operating or must also submit its (or its parent bidding in any state(s) where there is an financial reports that it (or its parent company’s) fiscal year-end 2016 overlap after the close of the company, if it is a wholly owned unaudited financial statements with its resubmission filing window. After the subsidiary) filed with the relevant short-form application, including Auction 903 qualified bidders are financial institution in 2016 and 2017 balance sheet, net income, and cash announced, each applicant will be able that demonstrate that the applicant (or flow. If an applicant certifies in its to view its final eligibility determination its parent company) has been operating short-form application that it will for each state in the Auction for at least two years. The applicant also submit audited financial statements Application System. The bidding must submit a certification that the during the long-form application system will be configured to permit a submission is a true and accurate copy process, but such statements are qualified bidder to bid only in the of the forms that were submitted to the ultimately not submitted, the winning state(s) for which that qualified bidder relevant financial institution. The bidder or long-form applicant will be has been deemed eligible to bid. Commission will accept the Rural deemed to be in default and subject to 35. Operational History and Utilities Service (RUS) Form 7, a forfeiture. Submission of Financial Statements. Financial and Operating Report Electric 40. An applicant that does not have at The Commission has established two Distribution; the RUS Form 12, pathways for an applicant to least two years of operational Financial and Operating Report Electric demonstrate its operational experience experience must submit with its short- Power Supply; the National Rural and financial qualifications to form application its (or its parent Utilities Cooperative Finance participate in the Phase II auction. company’s) financial statements that are Corporation (CFC) Form 7, Financial These pathways vary depending on audited by an independent certified and Statistical Report; the CFC Form 12, whether the applicant has at least two public accountant from the three most Operating Report; the CoBank Form 7; years of operational experience. In recent fiscal years (i.e., 2014, 2015, and or the functional replacement of one of addition, all applicants are required to 2016), including balance sheets, net these reports. provide financial and operational income, and cash flow. An applicant is information, regardless of whether they 38. If an applicant that meets the encouraged to instead submit fiscal have two years of operational foregoing requirements and it (or its year-end 2015, 2016, and 2017 audited experience. parent company) is audited in the financial statements if the 2017 audited 36. With the first pathway, an ordinary course of business, the financial statements are finalized in applicant can certify, if applicable, on applicant must also submit its (or its time to submit them before the short- its FCC Form 183 that it has provided parent company’s) financial statements form application deadline. Such an voice, broadband, and/or electric from the prior fiscal year, including applicant must also submit with its distribution or transmission services for balance sheets, net income, and cash short-form application a letter of interest at least two years prior to the short-form flow, that were audited by an from a qualified bank stating that the application filing deadline (or that the independent certified public bank would provide a letter of credit to applicant is the wholly owned accountant. If the applicant is a holding the applicant if the applicant becomes a subsidiary of an entity that has done so), company, it must submit its own winning bidder and is selected for bids specify the number of years it has been audited financial statements. If the of a certain dollar magnitude. The letter operating, and identify the services it applicant is a consortium or a joint should include the maximum dollar has provided. An applicant will be venture, it must submit the audited amount for which the bank would be deemed to have started providing a financial statements of the entity that is willing to issue a letter of credit to the service on the date it began the subject of the at least two-year applicant and a statement that the bank commercially offering that service to operational certification. If the applicant would be willing to issue a letter of end users. is a wholly owned subsidiary and has credit that is substantially in the same 37. If an applicant certifies that it has certified that its parent company has form as set forth in the model letter of been providing voice and/or broadband provided service for at least two years, credit provided in Appendix B of the

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13595

Phase II Auction Order, 81 FR 44413, the short-form application. The five- information from the applicant during July 7, 2016. point scale provides a streamlined the application resubmission period. 41. Financial Qualifications. All process for assessing, efficiently and 44. The first point on the five-point applicants must report on their short- objectively, whether an applicant has scale is based on a yes/no question. form application certain metrics from sufficient financial qualifications or Specifically, an applicant that submits their financial statements (audited or requires further financial review. An audited financial statements will be unaudited) from the prior fiscal year applicant that scores at least three asked whether it received an being submitted with the applications. points will be deemed to have sufficient unmodified, non-qualified opinion from These metrics are meant to demonstrate financial qualifications to participate in the auditor; an applicant will receive that an applicant has sufficient financial the auction if it has submitted the one point for a ‘‘yes’’ answer. An qualifications to participate in the Phase required financial information with its applicant must also enter the following II auction to minimize the number of short-form application. metrics from the most recent financial winning bidders that default because 43. The objective financial metrics for statements submitted with the short- they are unable to meet the long-form this five-point scale will not necessarily form application: (1) Latest operating application requirements. Winning provide a full picture of an applicant’s margins (i.e., operating revenue less bidders will be required to provide financial qualifications. Therefore, a operating expenses excluding additional, more specific evidence of score of less than three points will depreciation), where an operating their financial qualifications at the long- warrant a review of the full set of margin greater than zero will receive form application stage to demonstrate financial statements submitted with the one point; (2) Times Interest Earned that they have the financial short-form application, as well as other Ratio (TIER), where a TIER ((net income qualifications to meet the Phase II information submitted with the plus interest expense) divided by public interest obligations. application and/or information interest expense) greater than or equal to 42. These metrics must be reported in submitted to the Commission in other 1.25 will receive one point; (3) current the short-form application and will be contexts (e.g., financials filed with a ratio (current assets divided by current scored using a five-point scale described FCC Form 481, revenues reported in liabilities), where a ratio greater than or below. The five-point scale will be used FCC Form 499, etc.). To the extent this equal to 2 will receive one point; and (4) to score one yes/no question and four information does not sufficiently equity ratio (total equity divided by total other common financial metrics. These demonstrate that an applicant is capital), where a result greater than or metrics are based on information financially qualified, the application equal to 0.4 will receive one point. This already contained in the financial will be deemed incomplete and the scoring methodology is summarized in statements that must be submitted with Commission may request further the table below:

Response or Financial metric threshold Score

If the applicant has audited financial statements, did it receive an unmodified (non-qualified) opinion? ...... Yes +1 Operating margin ...... >0 +1 Times Interest Earned Ratio (TIER) ...... ≥1.25 +1 Current Ratio (Ratio current assets/current liabilities) ...... ≥2 +1 Equity Ratio (Total equity/total capital (total equity plus total liabilities)) ...... ≥0.4 +1

45. The question regarding an If an applicant is unable to demonstrate the short-form application can applicant’s audit opinion measures both that it has sufficient financial accomplish this purpose. However, a the applicant’s financial condition and qualifications based on the information determination at the short-form stage operations. The metric for operating submitted with the short-form that an applicant is eligible to bid for a margin measures core profitability, and application and information submitted given performance tier and latency the metrics for current ratio and equity to the Commission in other contexts, combination and has sufficient access to ratio measure the applicant’s short- and Commission staff will be able to ask the spectrum, if applicable, does not long-term financial condition, applicant questions and request preclude a determination at the long- respectively. TIER measures the ability additional information during the form application stage that a long-form to pay interest on outstanding debt. resubmission filing window. applicant lacks the requisite technical 46. The Commission will consider an 47. Eligibility to Bid for Performance qualifications or access to spectrum, and applicant with a total score of three Tier and Latency Combinations. The thus should not be authorized to receive points or greater (i.e., a score of one for Commission requires an applicant to Phase II support for that eligible area. at least three of the metrics) to have demonstrate its eligibility to bid for the 48. Selecting Performance Tier and sufficient financial qualifications to performance tier and latency Latency Combinations. As required by participate in Auction 903, regardless of combination(s) it selects in its the Commission’s rules, each applicant the applicant’s score for any specific application in advance of the start of must select in its short-form application metric. Failure to score at least three bidding in the auction. An applicant the performance tier and latency does not indicate that an applicant lacks must submit high-level operational combination(s) for which it intends to the financial qualifications to information in its short-form application bid in each state where it seeks support. participate in the auction. Rather, it to complete its operational showing. It For each tier and latency combination, indicates that further review is required. is the Commission’s objective to an applicant must indicate the During this further review, an safeguard consumers from situations technology or technologies it intends to applicant’s operating cash flow and where bidders unable to meet the use to meet the associated requirements. EBITDA will be considered, as these specified service requirements divert If an applicant intends to use spectrum, metrics may provide a useful context for support from bidders that can meet the it must also indicate the spectrum assessing an applicant’s financial status. Phase II public interest obligations, and band(s) and total amount of uplink and

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13596 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

downlink bandwidth (in megahertz) that available to support the assertions in its applicant has scaled its network in the it has access to for the last mile for each application. The Commission does not years it has been operating. However, an performance tier and latency anticipate that it will be unduly applicant can provide an estimate and combination it selected in each state. burdensome to respond to these should provide the current total number 49. Operational Information. An questions because, at a minimum, each of subscribers (as of the short-form applicant must submit in its short-form applicant will need to have started application filing deadline). If an application sufficient operational planning at a high-level how it intends applicant is no longer providing service information regarding its experience to meet the relevant Phase II public in any state, the applicant must estimate providing voice, broadband, and/or interest obligations as part of its the number of customers that were electric distribution or transmission obligation to conduct due diligence served at the beginning of the last full service and its plans for provisioning prior to the auction. Because a short- year that it did provide service. service if awarded support. Such form applicant will not know where it 56. Second, the Commission retains information will demonstrate whether might be authorized to receive support the question asking an applicant to an applicant has the technical and will have six years to build out or identify the relevant industry standards qualifications to bid for specific upgrade its network, the information for the last-mile technologies it intends performance tier and latency submitted may be based on a to use to meet its Phase II obligations if combinations. Specifically, an applicant preliminary network design, which may it becomes a winning bidder and is must submit high-level operational be modified once the winning bids are authorized to receive support. This information to complete its operational announced and as the network is built question will give an applicant the showing and demonstrate that it can be out. opportunity to demonstrate that it has expected to be reasonably capable of 52. The Commission expects concise started planning how it will meet the meeting the public interest obligations descriptions from applicants. The Phase II obligations and that it intends (e.g., speed, usage, latency, and service Commission will implement its usual to use technologies that are generally milestones) for each performance tier procedures for reviewing auction accepted as having the capabilities to and latency combination selected. applications to help ensure that meet the relevant performance 50. Eligibility to bid for specific tier eligibility determinations are made standards. However, an applicant is not and latency combinations will be consistently across all applications by, precluded from proposing to use non- determined on a state-by-state basis. among other things, leveraging the standards-based technology. So that an Accordingly, for each selected expertise of engineers and/or other applicant intending to use such performance tier and latency subject matter experts. technology can demonstrate that the combination, an applicant will be 53. Until an applicant knows where it technology has suitable capabilities for required to demonstrate that it is will be awarded support and how many meeting the applicable performance reasonably capable of meeting the locations it will be required to serve, it requirements, such an applicant must relevant public interest obligations for may not have made all its decisions identify the vendors and the products it each state it selects and to explain how regarding how it will meet its Phase II is considering using and provide links it intends to provision service if obligations. However, an applicant is to the vendors’ websites and to publicly awarded support. Because compliance required to certify that it has performed available technical specifications of the with the service obligations will be the necessary due diligence to products. If the technical specifications determined on a state-level basis and participate in the Phase II auction. This are not publicly available, the applicant some applicants may propose to deploy includes making sure that the applicant may submit them with its application. hybrid networks, it will be useful to will be able to build and operate 57. The Commission will treat the understand how an applicant selecting facilities that will fully comply with all responses to the questions in Appendix multiple performance tier and latency applicable requirements. Accordingly, it A of the CAF II Auction Procedures combinations within a state intends to is reasonable to expect that an applicant Public Notice and any associated meet the requirements for each will have developed a preliminary plan supporting documentation as combination in the state. To reduce the for how it will meet its Phase II confidential and will withhold them risk of defaults, the combination(s) obligations if awarded support. If an from routine public inspection. selected by an applicant will be applicant has not demonstrated that it is Accordingly, there is no need for an evaluated to determine its eligibility to reasonably capable of meeting the applicant to submit a § 0.459 bid for any such combination(s). relevant public interest obligations confidentiality request to seek 51. An applicant must answer the based on the information submitted in protection of this information from questions listed in Appendix A of the the short-form application, the applicant public disclosure. CAF II Auction Procedures Public will be asked to submit evidence during 58. Operational Assumptions. The Notice for each state it selects in its the resubmission filing window to Commission also adopts certain application. The questions are intended demonstrate that it has developed a assumptions that an applicant will need to elicit short, narrative responses from preliminary plan. to make about network usage and the applicant regarding its experience in 54. Modifications to Proposed subscription rates when determining, providing voice, broadband, and/or Operational Questions. The for purposes of its short-form electric distribution or transmission Commission has made some application, whether it can meet the service, and the network(s) it intends to modifications to the originally proposed public interest obligations for its use to meet its Phase II public interest operational questions to provide greater selected performance tier and latency obligations. The questions are designed clarity on how an applicant should combination(s) if it becomes a winning to confirm that the applicant has respond to them. bidder and is authorized to receive developed a preliminary design or 55. First, the Commission retains the Phase II support. business case for meeting the public question about the total number of 59. First, an applicant must assume it interest obligations for its selected subscribers an applicant has served with will offer service to at least 95 percent performance tier and latency voice and broadband because the size of of the required number of locations combinations. They ask the applicant to a service provider’s current operations across its bids in each state by the end identify the information it could make provides useful insight into how an of the six-year build-out period. This

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13597

assumption is consistent with the 61. An applicant, if it becomes a will be deploying its network, it is more requirement that each winning bidder winning bidder and is authorized to likely to be the only broadband submit with its long-form application a receive Phase II support, will not be provider, which may increase adoption network diagram with a certification by required to demonstrate that it has rates. There is a risk that this a professional engineer that the network achieved at least a 70 percent requirement may result in an increase in would deliver, to at least 95 percent of subscription rate once it has deployed to costs and could potentially lead to an the required number of locations in each the required number of locations. applicant engineering a network that is relevant state, voice and broadband Instead, an applicant must assume for capable of serving more locations than service that meets the relevant purposes of its short-form application actually request service. However, this performance requirements. While Phase that it will achieve at least a 70 percent potential harm is outweighed by the risk II support recipients should plan to offer subscription rate when engineering its that a support recipient could engineer service to 100 percent of the required network. Some Phase II support a network that is incapable of meeting number of locations and take advantage recipients will achieve at least a 70 demand and may leave consumers of the flexibility to offer service to 95 percent subscription rate in the areas unserved if the Commission does not percent of the required number of where they are authorized to receive take proactive measures to ensure that a locations only in unforeseen support and others will not. However, support recipient is making reasonable circumstances, an assumption by an requiring an applicant to make a assumptions about its potential applicant that it will offer service to 95 specific assumption will give the subscription rate. percent of locations will provide Commission reasonable assurance that 63. Finally, each winning bidder must reasonable assurance that the applicant an applicant is engineering a network provide high-level information will engineer its network so that it is that can be scaled to meet potential regarding its peak period data usage reasonably capable of meeting the demand. Given that subscription rates assumptions during the short-form relevant public interest obligations for are likely to vary from area to area and application stage and detailed the required number of locations. While over the 10-year period, the most information regarding its peak period each winning bidder that is authorized objective way to minimize defaults and data usage assumptions during the long- to receive Phase II support will be verify that an applicant is making form application stage once the bidders required to offer service only in areas reasonable assumptions about its know the number of locations they will where it is authorized to receive subscription rate is to require all be required to serve. The Commission support, after the close of a round, each applicants to make the same assumption intends to review each winning bidder’s bid represents an irrevocable offer to about the minimum subscription rate at response on a case-by-case basis to meet the terms of the bid if it becomes the end of the build-out period. By ensure that it is making reasonable a winning bid. Accordingly, an adopting a minimum 70 percent assumptions given the required data applicant that becomes a qualified subscription rate, applicants are usage allowances for the performance bidder should assume for each round of provided some additional clarity for tiers for which it has been named a the auction that it could be required to how they can demonstrate that they are winning bidder. 64. Specific Information Required offer service meeting the relevant technically qualified to participate in from Applicants Proposing to Use requirements to the number of locations the Phase II auction. These benefits Spectrum to Provide Service. An across all the bids that it places in each would not be achieved by simply applicant that intends to use state. presuming that an applicant will have radiofrequency spectrum to offer its the incentive to make reasonable 60. Second, consistent with voice and broadband services must assumptions made in the CAM, an subscription assumptions because the submit information regarding whether applicant must assume that it will have applicant will ultimately be subject to the spectrum to which it has access will at least a 70 percent subscription rate for network testing requirements and non- enable the applicant to meet the public its voice and broadband services by the compliance measures if it becomes a interest obligations for each time it will meet the final service winning bidder and is authorized to performance tier and latency milestone if it becomes authorized to receive Phase II support. combination that it selects in its receive support. Because it may take 62. By requiring an applicant to application. time for an applicant that becomes a assume a minimum subscription rate of 65. The Commission’s Phase II winning bidder and is authorized to 70 percent, the Commission is balancing auction rules require an applicant that receive Phase II support to obtain the reality that not all consumers in a plans to use spectrum to demonstrate customers as it builds out its network, given area may subscribe to the Phase II- that it has (i) the proper spectrum use applicants may factor this into their funded service with the requirement authorizations, if applicable; (ii) access engineering and make reasonable that Phase II support recipients provide to operate on the spectrum it intends to assumptions about how the subscription the required service to consumers living use; and (iii) sufficient spectrum rate will scale during the build-out term. at a funded location within 10 business resources to cover peak network usage Regardless of the assumptions an days of a request. In the Commission’s and meet the minimum performance applicant makes about its subscription predictive judgment, a 70 percent requirements to serve the fixed locations rate when engineering its network, the subscription rate is a reasonable in eligible areas. Consistent with the applicant must keep in mind that its assumption for engineering a network Commission’s approach in the Mobility network must be capable of scaling to when taking into account (i) that Fund Phase I auction, for the described meet demand. That is, if a Phase II existing subscription rates, which in spectrum access to be sufficient, the support recipient reports in the High some cases are lower than 70 percent, applicant must have obtained any Cost Universal Service Portal that a may not reflect actual demand over the necessary approvals from the location is served, it must be capable of 10-year support term, which would be Commission for the spectrum, if providing service meeting the relevant expected to increase as data usage applicable, by the short-form performance requirements to that increases and higher speeds are made application filing deadline, subject to location within 10 business days after available, and (ii) in the high-cost areas the exceptions described below. The receiving a request. where the Phase II support recipient Phase II auction short-form application

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13598 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

rules also require an applicant to certify expect that a service provider operating Form 481 Carrier Annual Reporting Data that it will retain such authorizations for in these bands could, at a minimum, Collection Form (FCC Form 481), and at least 10 years. offer service meeting the requirements FCC Form 499–A Annual 66. An applicant that intends to use for the Minimum performance tier Telecommunications Reporting licensed or unlicensed spectrum must provided that the service provider is Worksheet (FCC Form 499–A), in its short-form application (i) identify using sufficient bandwidth in the including non-public information. For the spectrum band(s) it will use for the spectrum band(s) and a technology that example, whether an applicant already last mile, backhaul, and any other parts can operate on these spectrum bands offers service that meets the public of the network; (ii) describe the total consistent with applicable U.S. and interest obligations associated with its amount of uplink and downlink international rules and regulations. selected performance tier and latency bandwidth (in megahertz) that it has 69. Appendix B of the CAF II Auction combination(s) and the number of access to in each spectrum band for the Procedures Public Notice is a non- subscribers to that service may be last mile; (iii) describe the exhaustive list of spectrum bands that considered. authorizations (including leases) it has an applicant could potentially use to 71. Specifically, applicants must obtained to operate in the spectrum, if meet its performance obligations. An submit in the short-form application any applicable; and (iv) list the call signs applicant is not precluded from FCC Registration Numbers (FRNs) that and/or application file numbers proposing to use a spectrum band that an applicant or its parent company— associated with its spectrum is not included in Appendix B, and in the case of a holding company authorizations, if applicable. Any provided that the applicant can applicant, the operating companies applicant that intends to provide service demonstrate that it is reasonably identified in its application—has used using satellite technology must describe capable of meeting the performance to submit its FCC Form 477 data during in its short-form application its requirements over the 10-year support the past two years. Because the short- expected timing for applying for earth term for the selected performance tier form application deadline is March 30, station licenses if it has not already and latency combination(s) using that 2018, the Commission will collect FCC obtained these licenses. Moreover, spectrum. An applicant that selects a Form 477 FRNs that were used for the because an applicant can apply to spectrum band listed in Appendix B for filings for data as of June 30, 2017, data obtain a microwave license at any time, a particular performance tier and as of December 31, 2016, and data as of an applicant that intends to obtain latency combination may not June 30, 2016. Requiring submission of microwave license(s) for backhaul to necessarily be deemed eligible to bid for the FRNs that an applicant has used for meet its Phase II public interest that combination. Such a showing FCC Form 477, will allow reviewers to obligations may describe in its short- depends on the technology the cross-reference FCC Form 477 data that form application its expected timing for applicant intends to use and whether an applicant (or a related entity) has applying for such license(s), if it has not such use is consistent with applicable filed during the past two years. already obtained them. U.S. and international rules and 72. An applicant must also submit in 67. This spectrum information, regulations, the performance tier and the short-form application any study combined with the operational and latency combination(s) selected, the area codes (SACs) indicating that the financial information submitted in the bandwidth to which the applicant has applicant (or its parent company/ short-form application, will allow an access in the band(s), and the subsidiaries) is an existing ETC. A applicant to demonstrate that it has authorizations the applicant has, if holding-company applicant must sufficient spectrum resources and is applicable, to access the spectrum. submit the SACs of its operating reasonably capable of meeting the Because these factors will vary for each companies identified in the application. public interest obligations required by applicant, the Commission declines to An applicant is required by the its selected performance tier and latency designate specific spectrum bands as Commission’s Phase II short-form combination(s). If a license, lease, or ‘‘safe harbors’’ based on whether application rules to disclose its status as other authorization is set to expire prior providers have historically met the an ETC if applicable. to the end of the 10-year support term, relevant requirements for certain 73. Finally, applicants must submit in the Commission will infer that the performance tier and latency the short-form application any FCC authorization will be able to be renewed combinations using those spectrum Form 499 filer identification numbers when determining at the short-form bands. that the applicant or its parent company application stage whether an applicant 70. Collection of Identifiers and, in the case of a holding company, has sufficient access to spectrum. Associated With Information Submitted its operating companies identified in the However, this inference will in no way to the Commission in Other Contexts. In application have used to file an FCC influence or prejudge the Commission’s addition to information provided in a Form 499–A in the past year, if resolution of any future renewal short-form application, any relevant applicable. Because the short-form application, and if the authorization is information that an applicant has application filing deadline is March 30, not renewed during the support term submitted to the Commission in other 2018, applicants must submit filer and the Phase II support recipient is contexts may be considered during identification numbers that were used unable to meet its Phase II obligations, application review for purposes of for the April 3, 2017 filing. that support recipient will be in default determining whether the applicant is 74. Limiting Eligibility to Bid for and subject to any applicable non- expected to be reasonably capable of Certain Performance Tier and Latency compliance measures. meeting the public interest obligations Combinations. The Commission will 68. In Appendix B of the CAF II for its selected performance tier and preclude applicants planning to use Auction Procedures Public Notice, the latency combination(s) if it becomes a certain technologies to meet their Phase Commission identifies the spectrum winning bidder and is authorized to II obligations from becoming eligible to bands that it anticipates could be used receive Phase II support. This other bid for performance tier and latency for the last mile to meet Phase II information would include the combinations that are inconsistent with obligations and indicate whether the following: Data reported in FCC Form those technologies. Specifically, the spectrum bands are licensed or 477 Local Telephone Competition and Auction Application System will not unlicensed. The Commission would Broadband Report (FCC Form 477), FCC allow an applicant that selects low

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13599

latency in combination with any of the bring advanced services to unserved latency combination deemed eligible in performance tiers to also select areas. at least one state in order to become geostationary satellites as the 77. Standard for Evaluating qualified to bid. The bidding system technology for those performance tier Information on Performance Tier and will be configured to permit a qualified and latency combinations. The Auction Latency Combinations; Initial and Final bidder to bid only for the performance Application System also will not allow Determinations of Eligibility to Bid on tier and latency combination(s) for an applicant that selects the Gigabit Selected Combinations. The Bureaus which it has been deemed eligible to performance tier in combination with will review the information submitted bid. either high or low latency in its short- by an applicant in its short-form 79. Due Diligence Certification. Each form application to also select application as well as any other relevant applicant has sole responsibility for geostationary satellites as the and available information to determine investigating and evaluating all technology for those tier and latency whether the applicant has planned how technical and marketplace factors that combinations. it would provide service if awarded may have a bearing on the level of Phase 75. In addition, the Auction support and whether it is expected to be II support for which it will seek to bid Application System will allow an reasonably capable of meeting the in Auction 903 if it becomes a qualified applicant that selects the Gigabit and public interest obligations for its bidder. Each qualified bidder is Above Baseline performance tiers to selected performance tier and latency responsible for assuring that, if it also select the fixed wireless and/or combination(s) in its selected state(s). If becomes a winning bidder and is digital subscriber line (DSL) an applicant demonstrates that it is ultimately authorized to receive Phase II technologies for those performance tiers reasonably capable of meeting the support, it will be able to build and on the short-form application. However, public interest obligations for one or operate facilities in accordance with the the applicant’s most recent publicly more selected tier and latency Phase II obligations and the available FCC Form 477 deployment combinations in a state, the applicant Commission’s rules generally. 80. Applicants should be aware that and subscription data, in addition to the will be deemed eligible to bid for those Auction 903 represents an opportunity applicant’s operational information, will performance tier and latency to apply for Phase II support, subject to be used to determine the applicant’s combination(s) in that state. 78. If an applicant is unable to certain conditions and regulations. eligibility to bid in those tiers. If the demonstrate that it is reasonably Auction 903 does not constitute an FCC Form 477 data for that period do capable of meeting the relevant public endorsement by the Commission of any not show that the applicant offers interest obligations for its selected particular service, technology, or residential Gigabit service using fixed performance tier and latency product, nor does the award of Phase II wireless or DSL (whichever is selected combination(s) based on the information support constitute a guarantee of by the applicant), the applicant will not submitted in its short-form application business success. be deemed eligible to bid in the Gigabit and other available information, the 81. An applicant should perform its performance tier. If an applicant does Bureaus will deem the application due diligence research and analysis not offer a fixed wireless or DSL service incomplete. The applicant will then before proceeding, as it would with any at or above 100/20 Mbps based on its have another opportunity during the new business venture. In particular, the FCC Form 477 data, the applicant may application resubmission period to Commission strongly encourages each be deemed eligible to bid in the Above submit additional information to applicant to review all underlying Baseline performance tier, but that demonstrate that it meets this standard. Commission orders and to assess all determination will be informed by its The Bureaus will notify the applicant pertinent economic factors relating to FCC Form 477 data as well as its that additional information is required the deployment of service in a particular operational information. to assess the applicant’s eligibility to bid area. 76. Applicants that propose to use for one or more of the specific 82. Each applicant should perform other technologies that lack historical performance tier and latency technical analyses or refresh its deployment data are not precluded from combination(s) selected in its short-form previous analyses to assure itself that, bidding for any specific performance application. During the application should it become a winning bidder for tier and latency combination if such resubmission filing window, the Phase II support, it will be able to build applicants become qualified to bid. applicant will be able to submit and operate facilities that fully comply Without historical deployment data, the additional information to establish its with all applicable technical and legal Commission is unable to decide eligibility to bid for the relevant requirements and will advertise and categorically whether it can reasonably performance tier and latency provide the service to customers. Each predict that a new technology would combination(s). An applicant will also applicant should verify that it can generally be able to meet the relevant have the option of selecting a lesser identify enough locations within the public interest obligations by the performance tier and latency eligible census blocks that it intends to required service milestones. The combination for which it might be more include in its bids to be able to offer Commission will consider each likely to meet the relevant public service meeting the relevant application proposing to use such a new interest obligations. The Commission requirements to the required number of technology on a case-by-case basis, considers these to be permissible minor locations if it becomes a winning bidder taking into account the applicant’s modifications of the short-form and is authorized to receive Phase II experience, its responses to the short- application. After the Auction 903 support. Each Phase II support recipient form operational questions, its spectrum qualified bidders are announced, each will be required to offer service meeting access (if applicable), and other applicant will be able to view its final the relevant requirements to the total information collected in the short-form eligibility determination for each number of locations across all the application. The additional costs of performance tier and latency winning bids in each state where it is having to review these technologies on combination in the selected state(s) for authorized to receive support. The total a case-by-case basis are outweighed by which it is eligible through the Auction number of locations where a Phase II the potential benefits to consumers if an Application System. An applicant must support recipient is required to offer applicant can use new technologies to have at least one performance tier and service in each state is determined by

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13600 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

adding up the number of locations the 86. The Commission makes no 90. The Commission decided that an CAM estimated for each eligible census representations or guarantees regarding applicant need not be an ETC as of the block included in the support the accuracy or completeness of initial short-form application filing recipient’s winning bids in the state. information in its databases or any deadline for Auction 903, but that it The Commission has adopted a process third-party databases, including, for must obtain a high-cost ETC designation by which support recipients that cannot example, court docketing systems. To for the areas covered by its winning bids identify enough locations to meet their the extent the Commission’s databases within 180 days after being announced state location totals can demonstrate may not include all information deemed as a winning bidder. Absent a waiver of that the number of actual, on-the-ground necessary or desirable by an applicant, the deadline, a long-form applicant that locations is lower than the number an applicant must obtain or verify such fails to obtain the necessary ETC estimated by the CAM. Such a information from independent sources designations by this deadline will be demonstration must be made within one or assume the risk of any subject to an auction forfeiture as year after the release of the Auction 903 incompleteness or inaccuracy in said described below, and will not be closing public notice and will be subject databases. Furthermore, the authorized to receive Phase II support. to review by WCB following comment Commission makes no representations In addition to all the requirements for by relevant stakeholders and potentially or guarantees regarding the accuracy or participating in the Phase II auction, an audit. Applicants’ due diligence completeness of information that has each applicant should be familiar with should be informed by the availability been provided by incumbent licensees the requirements for a high-cost ETC. of and requirements for this process, in and incorporated into the Commission’s For example, all high-cost ETCs are addition to other factors. databases. required to offer Lifeline voice and 83. The Commission strongly 87. To confirm an applicant’s broadband service to qualifying low- encourages each applicant to conduct its understanding of its obligations, the income consumers pursuant to the own research prior to Auction 903 to applicant must certify under penalty of Lifeline program rules. Moreover, when determine the existence of pending perjury in its short-form application that the requirement has been fully administrative or judicial proceedings the applicant acknowledges that it has implemented, each Phase II support that might affect its decision on sole responsibility for investigating and recipient will be required to bid on participation in the auction. The due evaluating all technical, marketplace, category one telecommunications and diligence considerations mentioned in and regulatory factors that may have a internet access services in response to a the document do not comprise an bearing on the level of Connect America posted FCC Form 470 seeking exhaustive list of steps that should be Fund Phase II support it submits as a broadband service that meets the undertaken prior to participating in this bid, and that, if the applicant wins connectivity targets for the schools and auction. As always, the burden is on the support, it will be able to build and libraries universal service support applicant to determine how much operate facilities in accordance with the program (E-rate) for eligible schools and research to undertake, depending upon Connect America Fund obligations and libraries located within any area in a specific facts and circumstances related the Commission’s rules generally. census block where the ETC is receiving to its interests. Phase II support. A high-cost ETC may 88. This certification will help ensure 84. Pending and future judicial also be subject to state-specific that an applicant acknowledges and proceedings, as well as certain pending requirements imposed by the state that accepts responsibility, if it becomes a and future proceedings before the designates it as an ETC. qualified bidder, for its bids and any Commission—including applications, 91. Procedures for Limited Disclosure forfeitures imposed in the event of applications for modification, notices of of Application Information. Consistent default, and that it will not attempt to proposed rulemaking, notices of with the Commission’s practice in the place responsibility for the inquiry, petitions for rulemaking, Mobility Fund Phase I auction (Auction consequences of its bidding activity on requests for special temporary authority, 901) and recent spectrum auctions, either the Commission or any of its waiver requests, petitions to deny, procedures limit the application contractors. petitions for reconsideration, informal information that will be disclosed to the objections, and applications for 89. Eligible Telecommunications public. review—may relate to or affect licensees Carrier Certification. An applicant must 92. Specifically, to help ensure or applicants for support in Auction acknowledge in its short-form anonymous bidding and to protect 903. Each prospective applicant is application that it must be designated as applicants’ competitively sensitive responsible for assessing the likelihood an ETC for the areas in which it will information, the Commission will of the various possible outcomes and for receive support prior to being withhold from the public, as well as considering the potential impact on authorized to receive support. Only other applicants, the following Phase II support available through this ETCs designated pursuant to section information submitted with an Auction auction. 214(e) of the Communications Act of 903 short-form application at least until 85. Each applicant is solely 1934, as amended (the Act), 47 U.S.C. after the auction closes and the results responsible for identifying associated 254 ‘‘shall be eligible to receive specific are announced: risks and for investigating and Federal universal service support.’’ • The state(s) selected by an evaluating the degree to which such Section 214(e)(2) states the primary applicant. matters may affect its ability to bid on responsibility for ETC designation. • The state(s) for which the applicant or otherwise receive Phase II support. However, section 214(e)(6) provides that has been determined to be eligible to Each applicant is responsible for the Commission is responsible for bid. undertaking research to ensure that any processing requests for ETC designation • The performance tier and latency support won in this auction will be when the service provider is not subject combination(s) selected by an applicant suitable for its business plans and to the jurisdiction of any state and the associated weight for each needs. Each applicant must undertake commission. Support is disbursed only combination. its own assessment of the relevance and after the provider receives an ETC • The spectrum access attachment importance of information gathered as designation and satisfies the other long- submitted with the short-form part of its due diligence efforts. form application requirements. application.

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13601

• The performance tier and latency score will not identify an applicant’s applicant from the auction application combination(s) for which the applicant specific financial information, it does filing deadline until the post-auction has been determined to be eligible to bid not raise the same competitive deadline for winning bidders to file and the associated weight for each sensitivity concerns. long-form applications for support. combination. 96. The § 0.459(a)(4) abbreviated More specifically, § 1.21002 of the • An applicant’s responses to the process for requesting confidential Commission’s rules prohibits an questions in Appendix A of the CAF II treatment may not be used by an applicant in Auction 903 from Auction Procedures Public Notice and applicant to request confidential cooperating or collaborating with any any supporting documentation treatment of any information in its other applicant with respect to its own, submitted in any attachment(s) that are short-form application other than its or one another’s, or any other competing intended to demonstrate an applicant’s financial information. Thus, an applicant’s bids or bidding strategies, ability to meet the public interest applicant that wishes to seek and from communicating with any other obligations for each performance tier confidential treatment of any other applicant in any manner the substance and latency combination that the portion(s) of its short-form application of its own, or one another’s, or any other applicant has selected in its application. must file a regular § 0.459 request for competing applicant’s bids or bidding • Any financial information confidential treatment of any such strategies during the prohibition period. contained in an applicant’s short-form information with its short-form The rule provides an exception for application for which the applicant has application (other than responses to the communications between applicants if requested confidential treatment under questions in Appendix A of the CAF II those applicants identify each other on the abbreviated process in § 0.459(a)(4) Auction Procedures Public Notice and their respective applications as of the Commission’s rules. associated supporting documentation members of a joint bidding arrangement 93. All other application information that the Commission presumes to be and certify that the application that is not subject to a request for competitively sensitive). This request identifies all real parties in interest to confidential treatment will be publicly must include a statement of the reasons agreements related to the applicant’s available upon the release of the public for withholding those portions of the participation in the auction. The notice announcing the status of application from public inspection. targeted restrictions imposed by the rule submitted short-form applications after Additionally, in the event an applicant’s are necessary to serve the important initial review. abbreviated request for confidential public interest in a fair and competitive 94. Any applicant may use an treatment of the financial information auction. abbreviated process under § 0.459(a)(4) contained in its short-form application 99. Entities Covered by § 1.21002. to request confidential treatment of the is challenged, the applicant must submit Section 1.21002’s prohibition of certain financial information contained in its a request for confidential treatment of communications will apply to any short-form application. The abbreviated its financial information that conforms applicant that submits a short-form process allows applicants to answer a with the requirements of § 0.459 within application to participate in Auction simple yes/no question on FCC Form 10 business days after receiving notice 903. This prohibition applies to all 183 as to whether they wish their of the challenge. applicants that submit short-form information to be withheld from public 97. After the auction closes and the applications regardless of whether such inspection. Requests to withhold results are announced, the Commission applicants become qualified bidders or financial data that applicants elsewhere no longer has a need to preserve actually bid. disclose to the public will not be anonymous bidding. Accordingly, the 100. ‘‘Applicant’’ for purposes of this granted and that information may be Commission will make publicly section includes the entity filing the disclosed in the normal course. available all short-form application application, each party capable of 95. Unlike the typical § 0.459 process, information that was withheld from the controlling the applicant, and each which requires that an applicant submit public prior to and/or during the party that may be controlled by the a statement of the reasons for auction, except for (1) responses to the applicant or by a party capable of withholding the information for which questions in Appendix A of the CAF II controlling the applicant. confidential treatment is sought from Auction Procedures Public Notice and 101. Subject to the joint bidding public inspection, an applicant that any supporting information submitted arrangement exception, the prohibition seeks confidential treatment of the in any attachment(s) that are intended to applies to communications of an financial information contained in its demonstrate an applicant’s ability to applicant that are conveyed to another short-form application need not submit meet the public interest obligations for applicant. The prohibition of a statement that conforms with the the performance tier and latency ‘‘communicating in any manner’’ requirements of § 0.459(b) unless and combination(s) that the applicant includes public disclosures as well as until its request for confidential selected in its application, and (2) any private communications and indirect or treatment is challenged. Because the financial information for which the implicit communications, as well as Commission has found in other contexts § 0.459(a)(4) abbreviated confidential express statements of bids and bidding that financial information that is not treatment process was requested and strategies. Consequently, an applicant otherwise publicly available could be continues to be afforded. This approach must take care to determine whether its competitively sensitive, applicants is consistent with the Commission’s auction-related communications may seeking confidential treatment of interest in a transparent auction process reach another applicant, unless the financial information may use this and its practice in the Mobility Fund exception applies. abbreviated process. The Commission Phase I auction and typical spectrum 102. Applicants subject to § 1.21002 will not, however, permit an applicant auctions. should take special care in to seek confidential treatment of the 98. Prohibited Communications and circumstances where their officers, total financial score that it receives for Compliance with Antitrust Laws. To directors, and employees may receive its financial metrics (using the five- help protect competition in the auction, information directly or indirectly point scale adopted above) pursuant to the Commission’s rules prohibit an relating to any other applicant’s bids or the § 0.459(a)(4) abbreviated process. applicant from communicating certain bidding strategies. Information received Because an applicant’s total financial auction-related information to another by a party related to the applicant may

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13602 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

be deemed to have been received by the strategies, including arrangements invited other auction participants to applicant under certain circumstances. regarding Phase II support levels (i.e., cooperate and collaborate . . . in For example, Commission staff have bidding percentages) and specific areas specific markets,’’ and has placed found that, where an individual serves on which to bid, as well as any auction participants on notice that the as an officer and director for two or arrangements relating to the post- use of its bidding system ‘‘to disclose more applicants, the bids and bidding auction market structure in an eligible market information to competitors will strategies of one applicant are presumed area. Thus, covered parties should be not be tolerated and will subject bidders conveyed to the other applicant, and, careful to avoid direct or indirect to sanctions.’’ absent a disclosed agreement that makes communications with another applicant 110. Likewise, when completing the rule’s exception applicable, the that (i) relate to any Phase II auction short-form applications, each applicant shared officer creates an apparent eligible area(s) and (ii) address Phase II should avoid any statements or violation of the rule. Commission staff support levels, including potential disclosures that may violate § 1.21002, have not addressed a situation where arrangements regarding the post-auction particularly in light of the limited non-officers or directors receive market structure in eligible areas. information procedures in effect for information regarding a competing 107. Business discussions and Auction 903. Specifically, an applicant applicant’s bids or bidding strategies negotiations that are unrelated to should avoid including any information and whether that information should be bidding in Auction 903 and that do not in its short-form application that might presumed to be communicated to the convey information about Phase II bids convey information regarding its state applicant. or bidding strategies are not prohibited selection, such as referring to certain 103. Prohibition Applies Until Long- by the rule. Moreover, not all auction- states or markets in describing bidding Form Application Deadline. The related information is covered by the agreements, including any information § 1.21002 prohibition of certain prohibition. For example, in attachments that will be publicly communications begins at the short- communicating merely whether a party available that may otherwise disclose form application filing deadline and has or has not applied to participate in the applicant’s state selections, or, to the ends at the long-form application Auction 903 will not violate the rule. In extent it has an alternative option, using deadline. Long-form applications will contrast, communicating how a party applicant names that refer to states or be due within 10 business days after will participate, including specific locations within a state. release of the Auction 903 closing states and/or tier and latency 111. Applicants also should use public notice, unless otherwise combinations selected, specific caution in their dealings with other provided by public notice. percentages bid, and/or whether or not parties, such as members of the press, 104. Prohibited Communications. the party is placing bids, would convey financial analysts, or others who might Section 1.21002 prohibits an applicant bids or bidding strategies and would be become conduits for the communication from communicating with another prohibited. of prohibited bidding information. For applicant only with respect to ‘‘its own, 108. While § 1.21002 does not example, even though communicating or one another’s, or any other competing prohibit business discussions and that it has applied to participate in the applicant’s bids or bidding strategies.’’ negotiations among auction applicants auction will not violate the rule, an Thus, the prohibition does not apply to that are not auction related, each applicant’s statement to the press that it all communications between or among applicant must remain vigilant not to intends to stop bidding in the auction applicants; it applies to any communicate, directly or indirectly, could give rise to a finding of a communication conveying, in whole or information that affects, or could affect, § 1.21002 violation. Similarly, an part, directly or indirectly, the bids or bidding strategy. Certain applicant’s public statement of intent applicant’s or a competing applicant’s discussions might touch upon subject not to place bids during Auction 903 bids or bidding strategies. matters that could convey cost bidding could also violate the rule. 105. All applicants applying to obtain information and bidding strategies. 112. Applicants should be mindful support are ‘‘competing applicants’’ Such subject areas include, but are not that communicating non-public under the rule. Parties apply to limited to, management, sales, local application or bidding information participate in Auction 903 to obtain marketing agreements, and other publicly or privately to another support from a fixed budget that is transactional agreements. applicant may violate § 1.21002 even insufficient to provide support at the 109. Bids or bidding strategies may be though that information subsequently reserve price to all eligible areas. The communicated outside of situations that may be made public during later periods bidding system determines which areas involve one party subject to the of the application or bidding processes. will receive support based on the bids prohibition communicating privately 113. Communicating with Third placed for any areas. As in the reverse and directly with another such party. Parties. Section 1.21002 does not auction portion of the broadcast For example, the Commission has prohibit an applicant from incentive auction, applicants are warned that prohibited communicating bids or bidding competing with one another regardless ‘‘communications concerning bids and strategies to a third-party, such as a of whether each seeks to serve different bidding strategies may include consultant or consulting firm, counsel, geographic areas with Phase II support. communications regarding capital calls or lender, provided that the applicant 106. A communication must convey or requests for additional funds in takes appropriate steps to ensure that ‘‘bids or bidding strategies’’ to be support of bids or bidding strategies to any third party it employs for advice covered by the prohibition. The the extent such communications convey pertaining to its bids or bidding prohibition applies to the same subject information concerning the bids and strategies does not become a conduit for matter included in ‘‘joint bidding bidding strategies directly or prohibited communications to other arrangements,’’ as defined for purposes indirectly.’’ Moreover, the Commission applicants, unless both applicants are of determining impermissible state found a violation of the rule against parties to a joint bidding arrangement overlaps among applicants. Those prohibited communications when an disclosed on their respective arrangements (i) relate to any eligible applicant used the Commission’s applications. For example, an applicant area in the Phase II auction and (ii) bidding system to disclose ‘‘its bidding might require a third party, such as a address or communicate bids or bidding strategy in a manner that explicitly lender, to sign a non-disclosure

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13603

agreement before the applicant speculate on whether hypothetical, initiation of an investigation when communicates any information broadly described conduct would warranted. The Commission has stated regarding bids or bidding strategy to the constitute a violation of the rule. that it ‘‘intend[s] to scrutinize carefully third party. Within third-party firms, Nonetheless, Commission precedent any instances in which bidding patterns separate individual employees, such as makes clear that an individual suggest that collusion may be attorneys or auction consultants, may consultant hired by multiple applicants occurring.’’ Any applicant found to have advise individual applicants on bids or to offer bidding advice during the violated § 1.21002(b) may be subject to bidding strategies, as long as such firms auction presents a greater risk of sanctions. implement firewalls and other violating § 1.21002 than an individual 120. Duty to Report Prohibited compliance procedures that prevent consultant who estimates the costs of Communications. Section 1.21002(c) such individuals from communicating individual projects for multiple provides that any applicant that makes the bids or bidding strategies of one applicants without weighing in on or receives a communication that applicant to other individuals bidding strategies during the bidding. appears to violate § 1.21002 must report representing separate applicants. 117. Potential applicants may discuss such communication in writing to the Although firewalls and/or other the short-form application or bids for Commission immediately, and in no procedures should be used, their specific CBGs with the counsel, case later than five business days after existence is not an absolute defense to consultant, or expert of their choice the communication occurs. An liability, if a violation of the rule has before the short-form application applicant’s obligation to make such a occurred. deadline. Furthermore, the same third- report continues until the report has 114. As Commission staff have party individual could continue to give been made. explained in the context of the advice after the short-form deadline 121. In addition, § 1.65 of the broadcast incentive auction, in the case regarding the application, provided that Commission’s rules requires an of an individual, the objective no information pertaining to bids or applicant to maintain the accuracy and precautionary measure of a firewall is bidding strategies, including state(s) completeness of information furnished not available. As a result, an individual selected on the short-form application, in its pending application and to notify that is privy to bids or bidding is conveyed to that individual. With the Commission of any substantial information of more than one applicant respect to bidding, the same third-party change that may be of decisional presents a greater risk of engaging in a individual could, before the short-form significance to that application. Thus, prohibited communication. The application deadline, assist more than § 1.65 requires an Auction 903 applicant Commission will take the same one potential applicant with calculating to notify the Commission of any approach to interpreting the prohibited how much support the specific substantial change to the information or communications rule in Auction 903. applicant would require to provide certifications included in its pending Whether a prohibited communication service in each CBG for which it is short-form application. An applicant is has taken place in a given case will interested in bidding. If such work can therefore required by § 1.65 to report to depend on all the facts pertaining to the be completed in advance of the short- the Commission any communication the case, including who possessed what form application deadline, it would applicant has made to or received from information, what information was eliminate the need for third-party another applicant after the short-form conveyed to whom, and the course of bidding advice during the auction. application filing deadline that affects bidding in the auction. Finally, to the extent potential or has the potential to affect bids or 115. Separate Auction 903 applicants applicants can develop bidding bidding strategy, unless such should not specify the same individual instructions prior to the short-form communication is made to or received on their short-form applications to serve deadline that a third party could from an applicant that is a member of as an authorized bidder. A violation of implement without changes during a joint bidding arrangement identified § 1.21002 could occur if an individual bidding, the third party could follow on the application pursuant to acted as the authorized bidder for two such instructions for multiple § 1.21001(b)(4). or more applicants because a single applicants provided that those 122. Sections 1.65(a) and 1.21002 of individual may, even unwittingly, be applicants do not communicate with the the Commission’s rules require each influenced by the knowledge of the bids third party during the prohibition applicant in competitive bidding or bidding strategies of multiple period. proceedings to furnish additional or applicants, in his or her actions on 118. Section 1.21001(b)(4) corrected information within five days behalf of such applicants. Also, if the Certification. By electronically of a significant occurrence, or to amend authorized bidders are different submitting a short-form application, its short-form application no more than individuals employed by the same each applicant in Auction 903 certifies five days after the applicant becomes organization (e.g., a law firm, its compliance with §§ 1.21001(b)(4) aware of the need for amendment. These engineering firm, or consulting firm), a and 1.21002. In particular, an applicant rules are intended to facilitate the violation similarly could occur. In the must certify under penalty of perjury auction process by making information latter case, at a minimum, applicants that the application discloses all real that should be publicly available should certify on their applications that parties in interest to any agreements promptly accessible to all participants precautionary steps have been taken to involving the applicant’s participation and to enable the Bureaus to act prevent communication between in the competitive bidding for Phase II expeditiously on those changes when authorized bidders, and that the support. Also, the applicant must certify such action is necessary. applicant and its bidders will comply that it and all applicable parties have 123. Procedure for Reporting with § 1.21002. complied with and will continue to Prohibited Communications. A party 116. Whether a communication is comply with 47 CFR 1.21002. reporting any prohibited prohibited is fact dependent and 119. Merely filing a certifying communication pursuant to § 1.65, determined on a case-by-case basis. statement as part of an application will § 1.21001(b), or § 1.21002(c) must take Therefore, the Commission cannot not outweigh specific evidence that a care to ensure that any report of the categorically announce more ‘‘flexible’’ prohibited communication has prohibited communication does not or lenient enforcement intentions or occurred, nor will it preclude the itself give rise to a violation of

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13604 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

§ 1.21002. For example, a party’s report with similar rules the Commission has Act of 1996, which governs the of a prohibited communication could applied in other Commission auctions. collection of debts owed to the United violate the rule by communicating Applicants may gain insight into the States, including debts owed to the prohibited information to other public policies underlying § 1.21002 by Commission. Under the red light rule, applicants through the use of reviewing information about the applications and other requests for Commission filing procedures that application of these other rules. benefits filed by parties that have allow such materials to be made Decisions applying these rules by courts outstanding debts owed to the available for public inspection. and by the Commission and its bureaus Commission will not be processed. 124. Parties must file only a single in other Commission auctions can be Applicants seeking to participate in report concerning a prohibited found at http://wireless.fcc.gov/ Auction 903 are subject to the communication and must file that report auctions/prohibited_communications. Commission’s red light rule. Pursuant to with the Commission personnel Applicants utilizing these precedents the red light rule, unless otherwise expressly charged with administering should keep in mind the specific expressly provided for, the Commission the Commission’s auctions. The language of the rule applied in past will withhold action on an application Commission’s rule is designed to decisions, as well as any differences in by any entity found to be delinquent in minimize the risk of inadvertent the context of the applicable auctions. its debt to the Commission. dissemination of information in such 128. Antitrust Laws. Regardless of 131. Because robust participation is reports. Any reports required by compliance with the Commission’s critical to the success of the Phase II § 1.21002(c) must be filed consistent rules, applicants remain subject to the auction, the Commission finds good with the instructions set forth in the antitrust laws, which are designed to cause to provide a limited waiver of the document. For Auction 903, such prevent anticompetitive behavior in the red light rule for any applicant seeking reports must be filed with Margaret W. marketplace. Compliance with the to participate in Auction 903 that is red- Wiener, the Chief of the Auctions and disclosure requirements of § 1.21002 lighted for debt owed to the Spectrum Access Division, Wireless will not insulate a party from Commission at the time it timely files a Telecommunications Bureau, by the enforcement of the antitrust laws. For short-form application. Specifically, a most expeditious means available. Any instance, a violation of the antitrust red-lighted applicant seeking to such report should be submitted by laws could arise out of actions taking participate in Auction 903 will have email to Ms. Wiener at the following place well before any party submits a until the close of the application email address: [email protected]. If short-form application. The Commission resubmission filing window to pay any you choose instead to submit a report in has cited a number of examples of debt(s) associated with the red light. No hard copy, any such report must be potentially anticompetitive actions that further opportunity to cure will be delivered only to: Margaret W. Wiener, would be prohibited under antitrust allowed. If an applicant has not resolved Chief, Auctions and Spectrum Access laws: For example, actual or potential its red light issue(s) by the close of the Division, Wireless Telecommunications competitors may not agree to divide initial filing window, its application Bureau, Federal Communications territories in order to minimize will be deemed incomplete. If the Commission, 445 12th Street SW, Room competition, regardless of whether they applicant has not resolved its red light 6–C217, Washington, DC 20554. split a market in which they both do issue(s) by the close of the application 125. A party seeking to report such a business, or whether they merely resubmission window, Commission staff prohibited communication should reserve one market for one and another will immediately cease all processing of consider submitting its report with a market for the other. Similarly, the applicant’s short-form application, request that the report or portions of the Commission staff have previously and the applicant will be deemed not submission be withheld from public reminded potential applicants and qualified to bid in the auction. As noted inspection by following the procedures others that ‘‘[e]ven where the applicant above, this waiver is limited. It does not specified in § 0.459 of the Commission’s discloses parties with whom it has waive or otherwise affect the rules. Such parties are encouraged to reached an agreement on the short-form Commission’s right or obligation to coordinate with the Auctions and application, thereby permitting collect any debt owed to the Spectrum Access Division staff about discussions with those parties, the Commission by an Auction 903 the procedures for submitting such applicant is nevertheless subject to applicant by any means available to the reports. existing antitrust laws.’’ Commission, including set off, referral 126. Winning Bidders Must Disclose 129. To the extent the Commission of debt to the United States Treasury for Terms of Agreements. Each applicant becomes aware of specific allegations collection, and/or by red lighting other that is a winning bidder may be that suggest that violations of the federal applications or requests filed by an required to disclose in its long-form antitrust laws may have occurred, the Auction 903 applicant. application the specific terms, Commission may refer such allegations 132. Potential applicants for Auction conditions, and parties involved in any to the United States Department of 903 should review their own records, as agreement into which it has entered. Justice for investigation. If an applicant well as the Commission’s Red Light This may apply to any bidding is found to have violated the antitrust Display System (RLD), to determine consortia, joint venture, partnership, or laws or the Commission’s rules in whether they owe non-tax debt to the agreement, understanding, or other connection with its participation in the Commission and should try to resolve arrangement entered into relating to the competitive bidding process, it may be and pay any outstanding debt(s) prior to competitive bidding process, including subject to a forfeiture and may be submitting a short-form application. The any agreement relating to the post- prohibited from participating further in RLD enables a party to check the status auction market structure. Failure to Auction 903 and in future auctions, of its account by individual FCC comply with the Commission’s rules among other sanctions. Registration Numbers (FRNs) and links can result in enforcement action. 130. Red Light Rule. The Commission other FRNs sharing the same Tax 127. Additional Information adopted rules, including a provision Identification Number (TIN) when Concerning Prohibition of Certain referred to as the ‘‘red light rule,’’ that determining whether there are Communications in Commission implement the Commission’s obligation outstanding delinquent debts. The RLD Auctions. Section 1.21002 is consistent under the Debt Collection Improvement is available at http://www.fcc.gov/

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13605

redlight/. Additional information is Commission within five business days of FCC Form 183 in the Auction available at https://www.fcc.gov/debt_ after a significant occurrence, or amend Application System during these collection/. its FCC Form 183 no more than five periods. If, during these periods, an 133. Additionally, an Auction 903 business days after the applicant applicant needs to make other applicant may incur debt to the becomes aware of the need for the permissible minor changes to its FCC Commission after it files its short-form amendment. An applicant is obligated Form 183, or changes to maintain the application and may fail to pay that debt to amend its pending application even accuracy and completeness of its when due. An applicant should note if a reported change may result in the application pursuant to § 1.65, the that the Commission will conduct dismissal of the application because it is applicant must submit a letter briefly additional red light checks prior to subsequently determined to be a major summarizing the changes to its FCC authorizing Phase II auction support. modification. Form 183 via email to auction903@ Qualified bidders are encouraged to 137. Modifying an FCC Form 183. As fcc.gov. The email summarizing the continue to review their own records as noted above, an entity seeking to changes must include a subject line well as the RLD periodically during the participate in Auction 903 must file an referring to Auction 903 and the name auction and to resolve and pay all FCC Form 183 electronically via the of the applicant, for example, ‘‘Re: outstanding debts to the Commission as FCC’s Auction Application System. Changes to Auction 903 Auction soon as possible. The Commission will During the initial filing window, an Application of XYZ Corp.’’ Any not authorize any winning bidder to applicant will be able to make any attachments to the email must be receive Phase II auction support until its necessary modifications to its FCC Form formatted as Adobe® Acrobat® (PDF) or red light issues have been resolved. 183 in the Auction Application System. Microsoft® Word documents. An 134. USF Debarment. The An applicant that has certified and applicant that submits its changes in Commission’s rules provide for the submitted its FCC Form 183 before the this manner must subsequently modify, debarment of those convicted of or close of the initial filing window may certify, and submit its FCC Form 183 found civilly liable for defrauding the continue to make modifications as often application electronically in the high-cost support program. Auction 903 as necessary until the close of that Auction Application System once it is applicants are reminded that those rules window; however, the applicant must again open and available to applicants. apply with equal force to the Phase II re-certify and resubmit its FCC Form 140. Applicants should also note that auction. 183 before the close of the initial filing even at times when the Auction 135. Modifications to FCC Form 183. window to confirm and effect its latest Application System is open and Only Minor Modifications Allowed. application changes. After each available to applicants, the system will After the initial FCC Form 183 filing submission, a confirmation page will be not allow an applicant to make certain deadline, an Auction 903 applicant will displayed stating the submission time other permissible changes itself (e.g., be permitted to make only minor and submission date. correcting a misstatement of the changes to its application consistent 138. An applicant will also be applicant’s legal classification). This is with the Commission’s rules. Examples allowed to modify its FCC Form 183 in the case because certain fields on the of minor changes include the deletion or the Auction Application System, except FCC Form 183 will no longer be addition of authorized bidders (to a for certain fields, during the available to/changeable by the applicant maximum of three) and the revision of resubmission filing window and after after the initial filing window closes. If addresses and telephone numbers of the the release of the public notice an applicant needs to make a applicant, its responsible party, and its announcing the Auction 903 qualified permissible minor change of this nature, contact person. Major modification to an bidders. During these times, if an it must submit a written request by FCC Form 183 (e.g., adding a state in applicant needs to make permissible email to [email protected], requesting which the applicant intends to bid, minor changes to its FCC Form 183, or that the Commission manually make the certain changes in ownership that must make changes in order to maintain change on the applicant’s behalf. Once would constitute an assignment or the accuracy and completeness of its Commission staff has informed the transfer of control of the applicant, application pursuant to § 1.65, it must applicant that the change has been made change of certifying official, change in make the change(s) in the Auction in the Auction Application System, the applicant’s legal classification that Application System and then re-certify applicant must then recertify and results in a change in control) will not and re-submit its application to confirm resubmit its FCC Form 183 in the be permitted after the initial FCC Form and effect the change(s). Auction Application System to confirm 183 filing deadline. If an amendment 139. An applicant’s ability to modify and effect the change(s). reporting changes is a ‘‘major its FCC Form 183 in the Auction 141. As with filing FCC Form 183, any amendment,’’ as described in Application System will be limited amendment(s) to the application and § 1.21001(d)(4), the major amendment between the closing of the initial filing related statements of fact must be will not be accepted and may result in window and the opening of the certified by an authorized representative the dismissal of the application. application resubmission filing window of the applicant with authority to bind 136. Duty to Maintain Accuracy and and between the closing of the the applicant. Applicants should note Completeness of FCC Form 183. resubmission filing window and the that submission of any such amendment Pursuant to § 1.65 of the Commission’s release of the public notice announcing or related statement of fact constitutes a rules, each applicant has a continuing the Auction 903 qualified bidders. representation by the person certifying obligation to maintain the accuracy and During these periods, an applicant will that he or she is an authorized completeness of information furnished be able to view its submitted representative with such authority and in a pending application, including a application, but will be permitted to that the contents of the amendment or pending application to participate in the modify only the applicant’s address, statement of fact are true and correct. Phase II auction. Consistent with the responsible party address, and contact 142. Applicants must not submit requirements for the Commission’s information (e.g., name, address, application-specific material through spectrum auctions, an applicant for telephone number, etc.) in the Auction the Commission’s Electronic Comment Auction 903 must furnish additional or Application System. An applicant will Filing System. Further, as discussed corrected information to the not be able to modify any other pages above, parties submitting information

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13606 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

related to their applications should use notes, listen to audio of the notes, and 152. Application Processing and caution to ensure that their submissions search for topics using a text search Minor Modifications. Public Notice of do not contain confidential information function. Additional features of this Applicant’s Initial Application Status or communicate information that would web-based tool include links to auction- and Opportunity for Minor violate § 1.21002 or the limited specific Commission releases, email Modifications. After the deadline for information procedures adopted for links for contacting Commission staff, filing auction applications, the Bureaus Auction 903. An applicant seeking to and a timeline with deadlines for will process all timely submitted submit, outside of the Auction auction preparation. The online applications to determine whether each Application System, information that tutorials will be accessible on the applicant has complied with the might reflect non-public information, ‘‘Education’’ tab of the Phase II auction application requirements and provided such as an applicant’s state and/or website at https://www.fcc.gov/connect- all information concerning its performance tier and latency america-fund-phase-ii-auction. Once qualifications for bidding, and selection(s) or specific information posted, the tutorials will be accessible subsequently will issue a public notice about bid(s), should consider including anytime. with applicants’ initial application in its email a request that the filing or 148. Finally, the Commission’s Office status identifying (1) those that are portions of the filing be withheld from of Communications Business complete and (2) those that are public inspection until the end of the Opportunities will engage with small incomplete or deficient because of prohibition of certain communications providers interested in the auction defects that may be corrected. The pursuant to § 1.21002. process. public notice will include the deadline 143. Questions about FCC Form 183 149. Short-Form Applications: Due for resubmitting corrected applications amendments should be directed to the Before 6:00 p.m. ET on March 30, 2018. and a paper copy will be sent to the Auctions and Spectrum Access Division In order to be eligible to bid in this contact address listed in the FCC Form at (202) 418–0660. auction, applicants must first follow the 183 for each applicant by overnight procedures to submit a short-form delivery. In addition, each applicant VI. Preparing for Bidding in Auction application (FCC Form 183) 903 with an incomplete application will be electronically via the Auction sent information on the nature of the 144. Bidder Education. Prior to the Application System, following the deficiencies in its application, along deadline for applications to participate instructions to be released with a public with the name and phone number of a in Auction 903, detailed educational notice in advance of the opening of the Commission staff member who can information will be provided in various filing window. This short-form answer questions specific to the formats to would-be participants. application will become available with application. 145. The Commission will provide the opening of the initial filing window 153. After the initial application filing various materials on the pre-auction and must be submitted prior to 6:00 deadline on March 30, 2018, applicants process in advance of the opening of the p.m. ET on March 30, 2018. Late can make only minor modifications to short-form application window, applications will not be accepted. No their applications. Major modifications beginning with the release of step-by- application fee is required. (e.g., change control of the applicant, step instructions for completing Form 150. Applications may be filed at any change the certifying official, or 183. In addition, the Commission will time beginning at noon ET on March 19, selecting additional states in which to provide an online application 2018, until the filing window closes at bid) will not be permitted. After the procedures tutorial covering 6:00 p.m. ET on March 30, 2018. deadline for resubmitting corrected information on pre-auction preparation, Applicants are strongly encouraged to applications, an applicant will have no completing short-form applications, the file early and are responsible for further opportunity to cure any application review process, and Phase II allowing adequate time for filing their deficiencies in its application or provide rules. Moreover, the Commission will applications. There are no limits or any additional information that may conduct a workshop or webinar on the restrictions on the number of times an affect Commission staff’s ultimate pre-auction application process, with an application can be updated or amended determination of whether and to what opportunity for participants to ask until the filing deadline on March 30, extent the applicant is qualified to questions. 2018. participate in Auction 903. 146. The Commission will provide 151. An applicant must always click 154. Commission staff will separate educational materials on the on the CERTIFY & SUBMIT button on communicate only with an applicant’s bidding process in advance of the start the ‘‘Certify & Submit’’ screen to contact person or certifying official, as of the mock auction, beginning with successfully submit its FCC Form 183 designated on the applicant’s FCC Form release of a user guide for the bidding and any modifications; otherwise, the 183, unless the applicant’s certifying system, followed by an online bidding application or changes to the official or contact person notifies procedures tutorial. The Commission application will not be received or Commission staff in writing that another will also conduct a workshop or reviewed by Commission staff. representative is authorized to speak on webinar on the bidding process with an Additional information about accessing, the applicant’s behalf. Authorizations opportunity for participants to ask completing, and viewing the FCC Form may be sent by email to auction903@ questions. 183 will be provided in a separate fcc.gov. 147. Based on the Commission’s public notice. Applicants requiring 155. Public Notice of Applicant’s experience with past auctions, parties technical assistance should contact FCC Final Application Status. After the interested in participating in this Auctions Technical Support at (877) Bureaus review resubmitted auction will find these educational 480–3201, option nine; (202) 414–1250; applications, they will release a public opportunities an efficient and effective or (202) 414–1255 (text telephone notice identifying applicants that have way to further their understanding of (TTY)); hours of service are Monday become qualified bidders. The Auction the application and bidding processes. through Friday, from 8:00 a.m. to 6:00 903 Qualified Bidders Public Notice The Auction 903 online tutorials will p.m. ET. In order to provide better will be issued at least 15 business days allow viewers to navigate the service to the public, all calls to before bidding in Auction 903 begins. presentation outline, review written Technical Support are recorded. Qualified bidders are those applicants

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13607

with submitted FCC Form 183 deemed to have made any warranties, Reverse Auction Format. The applications that are deemed timely with respect to the CAF II Bidding Commission will conduct Auction 903 filed and complete. System, including any implied using a multi-round, descending clock 156. Auction Registration. All warranties of merchantability or fitness auction. qualified bidders are automatically for a particular purpose. In no event 164. At a very high level, bidding in registered for the auction. Registration shall the Commission, or any of its Auction 903 works as follows: In each materials will be distributed prior to the officers, employees, or agents, be liable round of the auction, a bidder will be auction by overnight delivery. The for any damages whatsoever (including, asked whether it is willing to provide mailing will be sent only to the contact but not limited to, loss of business service to an area, at a performance tier person at the contact address listed in profits, business interruption, loss of and latency it indicates, in exchange for the FCC Form 183 and will include the use, revenue, or business information, a support amount that is at least as high SecurID® tokens that will be required to or any other direct, indirect, or as an amount announced by the bidding place bids and the Auction Bidder Line consequential damages) arising out of or system. In each subsequent round, the phone number. relating to the existence, furnishing, announced support amount will be less 157. Qualified bidders that do not functioning, or use of the CAF II than the amount from the previous receive this registration mailing will not Bidding System. Moreover, no round. To the extent that the bidder is be able to submit bids. Therefore, any obligation or liability will arise out of willing to accept the announced qualified bidder that has not received the Commission’s technical, amount, it will so indicate by this mailing by noon on July 9, 2018, programming, or other advice or service submitting a ‘‘bid’’ on a spreadsheet should call the Auctions Hotline at provided in connection with the CAF II indicating the area, the tier and latency, (717) 338–2868. Receipt of this Bidding System. and the current amount that it accepts. registration mailing is critical to 161. To the extent an issue arises with If the current round’s announced participating in the auction, and each the CAF II Bidding System itself, the support amount becomes too low for the applicant is responsible for ensuring it Bureaus will take all appropriate bidder, the bidder can simply stop has received all the registration measures to resolve such issues quickly bidding for the area or alternatively, can materials. and equitably. Should an issue arise that enter a bid that indicates the lowest 158. In the event that SecurID® tokens is outside the CAF II Bidding System or amount it will accept (an amount higher are lost or damaged, only a person who attributable to a bidder, including, but than the round’s announced amount has been designated as an authorized not limited to, a bidder’s hardware, and lower than the last round’s bidder, the contact person, or the software, or internet access problem that announced amount) in exchange for certifying official on the applicant’s prevents the bidder from submitting a providing the service. short-form application may request bid prior to the end of a round, the 165. As set forth in the sections replacements. To request replacement of Commission shall have no obligation to below, the announced support amount these items, call the Auction Bidder resolve or remediate such an issue on that the bidder responds to in a round Line at the telephone number provided behalf of the bidder. Similarly, if an depends on a percentage—applicable to in the registration materials or the issue arises due to bidder error using the bidding for all areas—as well as the Auction Hotline at (717) 338–2868. CAF II Bidding System, the Commission reserve price for the specific area and 159. Remote Electronic Bidding via shall have no obligation to resolve or the level of service that the bidder the CAF II Bidding System. Bidders will remediate such an issue on behalf of the proposes to provide if it is assigned be able to participate in Auction 903 bidder. Accordingly, after the close of a support for the area. These factors are over the internet using the CAF II bidding round, the results of bid linked through a formula. However, the Bidding System. Only qualified bidders processing will not be altered absent bidding template—the spreadsheet— are permitted to bid. Each authorized evidence of any failure in the CAF II will show the support amount for a bid bidder must have his or her own Bidding System. as well as the various factors SecurID® token, which the Commission 162. Mock Auction. All qualified determining that support amount in a will provide at no charge. Each bidders will be eligible to participate in given bidding round. Therefore, to bid applicant with one authorized bidder a mock auction, which will be effectively, a bidder need only will be issued two SecurID® tokens, scheduled during the week before the determine the lowest amount of support while applicants with two or three first day of bidding in Auction 903. The it will accept in exchange for providing authorized bidders will be issued three mock auction will enable qualified service to an area and bid for support tokens. A bidder cannot bid without his bidders to become familiar with the that is at least that amount. or her SecurID tokens. For security CAF II Bidding System and to practice 166. The Commission is mindful of purposes, the SecurID® tokens and a submitting bids prior to the auction. The the need to make the bidding process as telephone number for bidding questions Commission strongly recommends that simple as possible, while ensuring an are only mailed to the contact person at all qualified bidders, including all their orderly, fair, and transparent auction. the contact address listed on the FCC authorized bidders, participate to assure The Commission will provide ample Form 183. Each SecurID® token is that they can log in to the bidding bidder education prior to the auction to tailored to a specific auction. SecurID® system and gain experience with the help ensure that all potential auction tokens issued for other auctions or bidding procedures. Participating in the participants are confident of the bidding obtained from a source other than the mock auction may reduce the likelihood procedures the Commission adopts. FCC will not work for Auction 903. of a bidder making a mistake during the 167. Minimum Geographic Area for Please note that the SecurID® tokens can auction. Details regarding the mock Bidding. The Commission will use CBGs be recycled and the Bureaus encourage auction will be announced in the containing one or more eligible census bidders to return the tokens to the FCC. Auction 903 Qualified Bidders Public blocks as the minimum geographic area Pre-addressed envelopes will be Notice. for bidding in the auction. In December provided to return the tokens once the 2017, WCB released a list of eligible auction has ended. VII. Bidding in Auction 903 census blocks based on December 31, 160. The Commission makes no 163. Auction Structure: Reverse 2016 FCC Form 477 data. This list warranties whatsoever, and shall not be Auction Mechanism. Multi-Round included approximately 214,000 eligible

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13608 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

census blocks, which are located in performance tier and latency average costs that exceed the extremely approximately 30,300 CBGs. WCB will requirements in exchange for support. high-cost threshold, the Commission release a revised map and list of eligible The support amount will be no less than will impose a $146.10 per-location-per- census blocks. the support amount implied by the bid month funding cap so that the reserve 168. Auction Delay, Suspension, or percentage. price will be equal to $146.10 Cancellation. By announcement, the 172. The base clock percentage will multiplied by the number of locations in auction may be delayed, suspended, or continue to descend in a series of that census block as determined by the cancelled in the event of natural bidding rounds, implying decreasing CAM multiplied by 12 months. These disaster, technical obstacle, network support amounts, until the aggregate procedures will ensure that no census disruption, evidence of an auction amount of support represented by the blocks will receive more Phase II security breach or unlawful bidding bids placed in a round at the base clock support than the CAM calculates is activity, administrative or weather percentage is no greater than the budget. necessary for deploying and operating a necessity, or for any other reason that At that point, when the budget ‘‘clears,’’ voice and broadband-capable network affects the fair and efficient conduct of the bidding system will assign support in that census block. The list of eligible the competitive bidding. In such cases, to bidders in areas where there are no census blocks is accompanied by the the Bureaus, in their sole discretion, competing bids. Bidding will continue, corresponding CBG list, which may elect to resume the auction starting however, for areas where there are identifies the reserve price, on an from the point at which the auction was competing bids, and the clock will annual basis, for each CBG. suspended or cancel the auction in its continue to descend in subsequent 175. Finally, for administrative entirety. rounds. When there is no longer simplicity, the Commission rounds the 169. Bidding Procedures. Bidding competition for any area, the auction calculated reserve prices for each CBG Overview. The Commission will use a will end. A winning bidder may receive (based on the sum of the reserve prices descending clock auction to identify the support in amounts at least as high, for each eligible census block in the providers that will be eligible to become because of the second-price rule, as the CBG) to the nearest dollar. For example, authorized to receive Phase II support, support amounts corresponding to the if the calculated annual reserve price for subject to post-auction application percentages of their winning bids. a CBG is $15,000.49, the reserve price review. This auction also will establish 173. The bidding procedures will be rounded down to $15,000 for the the amount of support that each implement the Commission’s prior auction; and if a reserve price is winning bidder will be eligible to decisions on bidding in the Phase II $15,000.50, the reserve price will be receive using a ‘‘second-price’’ rule. auction in a straightforward and simple rounded up to $15,001. Thus, any CBG Pursuant to the Phase II Auction Order, way. Accordingly, to compete with a calculated annual reserve price of 81 FR 44413, July 7, 2016, the auction effectively in the auction, a potential less than $0.50 is ineligible for the assigns winning bids based on the bidder need only determine the Phase II auction. percentage each bid represents of its percentage corresponding to the lowest 176. Bid Collection. Round Structure. respective area’s reserve price and amount of support it will accept to serve The Phase II descending clock auction determines support amounts that take a given area using its chosen technology will consist of sequential bidding into account the performance tier and and bid in the auction down to that rounds according to an announced latency specified in the bid. percentage. The Commission sets forth schedule providing the start time and 170. The Bureaus will conduct the the rules governing how the auction closing time of each bidding round. As Phase II auction over the internet, and system collects bids and determines is typical for Commission auctions, the bidders will upload bids in a specified winning bids and support amounts. The Bureaus retain the discretion to change file format for processing by the bidding Commission addresses these in detail so the bidding schedule—with advance system. Before each bidding round, the that potential participants can notice to bidders—in order to foster an bidding system will announce a new understand exactly how the auction auction pace that reasonably balances base clock percentage, which will set a works. Among the bidding rules the speed with giving bidders sufficient lower limit on the range of percentages Commission addresses are procedures time to review round results and plan for which bids will be accepted during for two optional variations on the basic their bidding. The Bureaus may modify that round. The percentage specified in bid submission approach, namely, the amount of time for bidding rounds, a bid implies an annual support amount procedures for instructing the system to the amount of time between rounds, for the area, based on the specified submit proxy bids on behalf of the and/or the number of rounds per day, performance tier and latency bidder and procedures for a type of depending on bidding activity and other combination. package bidding. The Commission factors. 171. The opening base clock includes these options because the 177. Base Clock Percentage. Before percentage implies a support amount Commission finds that they will each bidding round, the bidding system that is equal to the full reserve price, simplify the bidding process for those announces a base clock percentage that and the base clock percentage then bidders that choose to use them, determines the range of acceptable price descends from one round to the next. In without unfairly disadvantaging bidders point percentages for bids submitted in a round, a bidder can submit a bid for that do not choose to use them. the round. Except in Round 1, a bid may a given area at any percentage that is 174. Reserve Prices. The reserve price be submitted at the base clock greater than or equal to the round’s base for each CBG is the sum of the amounts percentage, or at any higher price point clock percentage and less than the calculated for each eligible census block percentage up to but not including, the previous round’s base clock percentage. in that CBG. For all eligible high-cost base clock percentage from the previous As of the close of a round, each bid census blocks (i.e., census blocks with round. In Round 1, a bid may be represents an irrevocable offer to meet average costs above the funding submitted at the base clock percentage the terms of the bid if it becomes a threshold but below the extremely high- or at any higher price point percentage, winning bid. That is, a bid indicates that cost threshold), a reserve price is set up to and including the opening base the bidder is willing to provide service based on the annual support per- clock percentage. to the locations in the area in location calculated by the CAM for that 178. A bid submitted at the base clock accordance with its specified census block. For census blocks with percentage indicates that the bidder is

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13609

willing to provide the required service 180. Clock Decrements. The bidding combination, a total amount of annual in the bid area in exchange for a system will decrement the base clock support in dollars for each area payment at least as large as that implied percentage by 10 percentage points in available for bidding. The annual by the base clock percentage. A bid each round. However, the Bureaus have support amount implied at the base submitted at a higher price point the discretion to change that amount clock percentage will be the smaller of percentage indicates that the bidder will during the auction—within certain the reserve price and the annual support provide service in the area at a support limits—if it appears that a lower or amount obtained by using a formula that payment at least as great as that implied higher decrement would better manage incorporates the performance tier and by the price point percentage of its bid, the pace of the auction. For example, if latency weights. Specifically: but not at lower support amounts. bidding is proceeding particularly 179. Opening Base Clock Percentage. slowly, the bid decrement may be Implied Annual Support Amount (at the The bidding system will set the opening increased to speed up the auction, with base clock percentage) = base clock percentage at 100 percent of advance notice to bidders, recognizing an area’s reserve price plus an that a bidder has the option of bidding additional percentage equal to the at an intra-round price point percentage largest weight corresponding to the if the base clock percentage falls to a Where: performance tier and latency percentage corresponding to an amount R denotes the area’s reserve price combinations submitted by any of support that is no longer sufficient. T denotes the tier weight qualified bidder in the auction. For The bidding system will use a L denotes the latency weight example, if any applicant is qualified to decrement of 10 percent at the start of BC denotes the base clock percentage bid to provide service at the Minimum the auction, and any further changes to 183. Minimum performance tier bids performance tier and high latency—a the decrement will be limited to T+L combination with an assigned between 5 percent and 20 percent. will have a 65 weight; Baseline weight of 90—the opening base clock 181. Implied Support Amounts Based performance tier bids will have a 45 percentage will be 190 percent. Starting on Performance Tier and Latency weight; Above Baseline performance tier the clock at this level will allow bidders Weights. To calculate the implied bids will have a 15 weight; and Gigabit with higher-weighted performance tier annual support amount at a bid performance tier bids will have zero and latency combinations to compete, percentage, an area-specific reserve weight. Moreover, high latency bids will for multiple bidding rounds, with price is adjusted for the bid percentage have a 25 weight and low latency bids bidders offering performance tier and and the weights for the performance tier will have zero weight added to their latency combinations with lower and latency combination of the bid, set respective performance tier weight. The weights. At base clock percentages forth below, with implied support not to lowest possible weight for a above 100, the implied support amounts exceed the reserve price. This approach performance tier and latency of bids at higher performance tier and is consistent with previous Commission combination is 0, and the highest latency combinations with lower decisions regarding the Phase II auction. possible weight is 90. Each weight weights may not decrease from round to 182. The base clock percentage in uniquely defines a performance tier and round, remaining instead at the area’s each round will imply, for each latency (T+L) combination, as shown in full reserve price. performance tier and latency (T+L) the table below.

WEIGHTS FOR PERFORMANCE TIERS AND LATENCIES

Minimum Baseline Above baseline Gigabit High latency Low latency High latency Low latency High latency Low latency High latency Low latency

90 65 70 45 40 15 25 0

184. As the formula indicates, the tier, and latency combinations will be combination, and a price point implied support amount for an area below each area’s respective reserve percentage, which will in turn cannot exceed an area’s reserve price. price. correspond to an indicated implied As long as the base clock percentage 185. The formula above (the ‘‘implied support amount for the bid. Such a bid remains at or above 100 plus the weight support formula’’) can be used to is an offer to serve the eligible census for the tier and latency combination of determine the implied support at any blocks within the specified CBG at the the bid (100+T+L), the implied annual price point percentage by substituting a indicated performance tier and latency, support for a bid will be equal to the given percentage for the base clock for a total amount of annual support that area’s reserve price. Therefore, in some percentage. is at least the implied support amount rounds when the base clock percentage 186. The clock auction format with a of the bid. Several requirements will is above 100, there may be a bid for a base clock percentage and weights for also apply to bid submission; the given area at a tier and latency performance tier and latency bidding system will advise bidders if a combination with implied annual combinations implements the bid that the bidder attempts to submit support equal to the reserve price, and Commission’s prior decisions and does not meet these conditions. A bid another bid for the same area at a higher provides a simple way to compare bids may optionally include additional weighted performance tier and latency of multiple types. information for package bidding, as combination, with implied support 187. Acceptable Bids. To submit a bid described in the following section. below the area’s reserve price. However, for support to provide service to an area 188. One Bid per Geographic Area per once the base clock percentage is in the auction, the bidding system will Round. A bidder will be able to place decremented below 100, the implied require that a bidder specify the area, a only one bid on a given CBG in a round, annual support for all area, performance performance tier and latency be it a bid for only that area or a package

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 ER29MR18.002 13610 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

bid including the area. Further, a bidder amount of support it will accept for an a bidder bids for a package, it can only will be able to bid only for CBGs in area, and it reduces the likelihood of bid on the same package or smaller states for which it is qualified to bid ties. subsets of the package in subsequent after review of its short-form 194. A bid must specify a percentage rounds. application. that implies a support amount that is 199. To help all bidders—both large 189. The restriction on overlapping one percent or more of an area’s reserve and small—understand the bidding bids by a single bidder will simplify bid price to be acceptable. In other words, procedures related to package bidding, strategies for bidders and eliminate the the bidding system will only accept a the Bureaus will provide further need for the bidding system to use bid for a price point percentage that is educational opportunities and materials mathematical optimization to consider at least T+L+1. One percent represents well in advance of the auction. This multiple ways to assign winning bids to a sufficiently small fraction of the should help bidders determine how best a bidder, thus simplifying bid model-derived reserve price to serve as to place their bids and whether to make processing. Accordingly, the bidding a minimum acceptable bid for bidders use of package bidding. system will not accept multiple bids by with legitimate support needs. 200. Bids Placed by Proxy Bidding a bidder in a round that include the 195. Bids for a Package of Areas. Instructions. A bidder has the option of same area. Bidders have the option of placing a placing bids via proxy bidding 190. The Commission prohibits package bid to serve multiple CBGs. The instructions in Auction 903. These commonly controlled applicants or bid processing procedures may assign procedures will reduce a bidder’s need applicants subject to joint bidding fewer than all the areas in the bid to the to submit bids manually every bidding arrangements from selecting any of the bidder provided that the support round and provide the bidder with a same states on their applications. This associated with the assigned areas is at safeguard against accidentally failing to prohibition will ensure that such least equal to a bidder-specified submit a bid, as long as the bidding entities jointly will not be able to submit minimum scale percentage of the percentage of the proxy instruction is overlapping bids for the same support requested for the full list. below the current round’s base clock geographic areas. These application 196. Under these procedures, a bidder percentage. Proxy procedures will make procedures, together with the will specify a package bid by specifying it possible for a bidder to simplify requirement that a single bidder place the CBGs in the bid, a performance tier greatly its auction participation by only a single bid on a given area in a and latency combination for each CBG, setting its proxy instruction at the round, will reduce the potential for a single price point percentage for the lowest amount of support that the undesirable strategic bidding during the bid, and a minimum scale percentage no bidder is willing to accept, so that the auction. higher than 75 percent that indicates the 191. Tier and Latency Combinations. bidder’s lowest acceptable partial bidder need not bid again in the A bidder cannot change the assignment of the package. auction. performance tier and latency 197. Every CBG in a package bid must 201. Specifically, when a bidder combination in a bid for a particular be in the same state, but there is no limit places a bid, the bidder may specify a area from round to round. Instead, once to the total amount of implied support price point percentage that is below the a bidder has submitted a bid for a CBG that may be included in a single base clock percentage for the round in at a particular performance tier and package. Different CBGs in the bid may which the bid is placed. Doing so results latency combination, any bids in have different performance tier and in both a bid at the current round’s base subsequent rounds by that bidder for the latency combinations. For a given clock percentage and proxy instructions same CBG must specify the same round, a CBG can appear in at most one for bids at lower percentages in performance tier and latency bid—either a single bid or a package subsequent rounds. The bidding system combination. This restriction will bid—submitted by the bidder. will generate a bid in any subsequent simplify bidding strategies without an 198. The use of package bidding is bidding round in which the percentage appreciable loss in useful flexibility for optional: A bidder that is not interested specified in the proxy instruction (the bidders that are eligible to bid for more in package bidding can bid for support ‘‘proxy bid percentage’’) is equal to or than one performance tier and latency in individual areas just as though there below the base clock percentage for the combination in a given area. were no package bidding provisions. round. If the proxy bid percentage is 192. Acceptable Bid Amounts. In each The bidding experience for a bidder that greater than the base clock percentage of round, a bidder may submit a bid at the chooses not to use package bidding will a round but lower than the prior round’s base clock percentage for the round, or be no more complicated than if package base clock percentage, then the bidding at any price point percentage greater bidding were not an option. system will generate a bid at the proxy than the base clock percentage and less Additionally, the package bidding bid percentage. If the proxy instruction than the previous round’s base clock procedures include measures that is not subsequently updated, this will be percentage. The price point percentage minimize complexity. Because all the last round in which the proxy of the bid may be specified with up to bidders will be limited to placing only instruction will automatically place a two decimal places (e.g., 98.44%). one bid on a CBG in a round, and bid. 193. By providing bidders the option because the implied support amount of 202. Bids generated according to to bid at intermediate price points, the a package bid is simply the sum of the proxy instructions will be processed in Commission can shorten the bidding implied support amounts of the CBGs in the same way as any other bids placed process by using larger decrements to the package—that is, the bidding system in the auction. Proxy instructions may the base clock percentage without does not have any inherent bias toward be used for bids for individual areas and running the risk that a large drop in assigning packages—the option of for package bids. Proxy instructions will aggregate implied support from one package bidding does not increase the carry forward in rounds after the round to the next will leave a significant number of options a bidder has to clearing round for areas that have not amount of the budget unspent. The consider. Bid options regarding been assigned, as long as the proxy bid option to bid at intermediate price point packages are also simplified by a percentage is still valid. A bidder may percentages will also allow a bidder to constraint on the composition of override a bid generated according to indicate more precisely the minimum packages after the clearing round: Once proxy instruction, cancel, or enter new

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13611

proxy bidding instructions at any time shift their bidding as information is and latency combination at which during a round. revealed about the extent of competition service will be provided to the locations 203. Bidders are responsible for for various areas. In this regard, the in the eligible census blocks in the area. actively monitoring the status of their ability to switch bidding areas will be 212. The bid processing procedures bids, including any proxy instructions most useful in the second round fall into three categories: Before, during, as well as the overall progress of the because the greatest amount of new and after the round in which the budget auction, using the reports and files information about bidding across CBGs clears. Additional details and examples available in the bidding system. will be made available after the first of bid processing will be provided in the Providing bidding-related information round of bidding. technical guide released by the Bureaus. only through the bidding system assures 207. The Commission limits the 213. Bid Processing in Rounds Before that non-public information is available higher switching percentage to the the Clearing Round. Aggregate Cost at only to individuals that are authorized second round, however, to encourage an the Base Clock Percentage. After each bidders for entities that have been found orderly bidding process that generates bidding round until the budget has qualified to bid through the reliable information about aggregate cost cleared, in order to determine whether Commission’s pre-auction processes. and competition across areas. the budget will clear in that round, the This is consistent with the Accordingly, for the third and bidding system will calculate an Commission’s anonymous bidding subsequent rounds up until the budget ‘‘aggregate cost,’’ an estimate of what it procedures, protects against possible has cleared, the switching percentage would cost to assign support at the base misuse of bidding information, and will be 10 percent. No switching of clock percentage to the bids submitted promotes auction integrity. areas is permitted after the clearing in the round. Specifically, the aggregate 204. Proxy bidding instructions will round, since bidding in any additional cost is the sum of the implied support be treated as confidential information round is limited to areas with bids at the amounts for all the areas receiving bids and will not be disclosed to the public previous base clock percentage that at the base clock percentage for the at any time after the auction concludes have not been assigned. round, evaluated at the base clock because they may reveal private cost 208. Bid Processing. Once a bidding percentage. The calculation counts information that would not otherwise be round closes, the bidding system will support for each area only once, even if made public (e.g., if proxy bidding consider the submitted bids to the area receives bids, potentially instructions are not fully implemented determine whether an additional round including package bids, from multiple because the base clock percentage does of bidding at a lower base clock bidders. If there are multiple bids for an not fall as low as the specified proxy percentage is needed to bring the area at different performance tier and percentage). amount of requested support down to a latency combinations, the calculation 205. Activity Rules. The Commission level within the Phase II auction budget. uses the bid with the highest implied adopts activity rules to encourage If the total requested support at the base support amount. If the aggregate cost for bidders to express their bidding clock percentage exceeds the budget, the the round exceeds the budget, the interests early and consistently, which bidding system will initiate another bidding system will implement another will generate reliable information for bidding round with a lower base clock regular bidding round with a lower base bidders about the level of bidding in the percentage. clock percentage. various CBGs in the auction. A bidder’s 209. If, instead, the system determines 214. Clearing Determination. The first overall bidding activity in a round, that the total requested support from round in which the aggregate cost, as measured as the sum of implied support bids at the base clock percentage has calculated above, is less than or equal to dollars for all its bids, may not exceed fallen to an amount within the budget, the overall support budget is deemed the bidder’s activity from the previous the just-concluded round will be the clearing round. In the clearing round. The Commission also adopts a deemed the clearing round, and the round, the bidding system will further switching rule to limit a bidder’s ability bidding system will begin the process of process bids submitted in the round, to in a round to switch to areas on which assigning winning bids and determining determine those areas that can be it did not bid at the base clock support amounts using a second price assigned and the support amounts percentage of the previous round. This rule. If, in the clearing round, there are winning bidders will receive. Once the switching ability is based on a certain multiple bids for any area at the base clearing round has been identified, the percentage of the implied support of the clock percentage, the bidding system system no longer calculates the bidder’s bids at the base clock will commence another round of aggregate cost, even if there are percentage in the previous round. The bidding to resolve the competition for subsequent bidding rounds. Commission gives the Bureaus support in those areas only. 215. Bid Processing in the Clearing discretion to change the switching 210. After the clearing round, bidding Round. In the clearing round, the percentage, with notice, during the rounds will continue for these areas at bidding system will consider bids in auction, although the Commission does lower base clock percentages until, for more detail to determine those bids that not at this time anticipate needing to do each of the contested areas, there is a can be assigned in that round; the so. single lowest bid. The winning bidder ‘‘second prices’’ corresponding to those 206. The Commission adopts a for an area will then generally be bids, subject to post-auction application switching percentage of 20 percent for assigned support at the price point review; and those bids that will carry the second bidding round of the auction percentage of the second lowest bid. over for bidding in an additional only. Therefore, a bidder’s activity in 211. As a result of these bid bidding round or rounds. the second round of the auction for processing procedures, the bids that can 216. Until the clearing round, the areas on which it did not bid at the first be assigned under the budget in the auction is generally driven by cross-area round’s base clock percentage may not clearing round and in any later rounds competition for the budget, and implied exceed 20 percent of its total implied will determine the areas that will be support amounts for all areas are support from bids at the first round’s provided support under Phase II. At reduced in proportion to the reduction base clock percentage. This change in most, one bid per area will be assigned in the base clock. In estimating cost, the the switching percentage for the second support. The specifications of that bid, system does not determine which of the round gives bidders greater flexibility to in turn, determine the performance tier multiple bids competing for support in

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13612 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

the same area will be assigned, although 221. At each ascending price point supported at its own bid percentage. For it does take into account that only one increment, starting at the base clock example, applying the second price bid per area may be assigned. Processing percentage, the running cost calculation rule, if there are two bids for an area, the during the clearing round and is the sum of support for three types of lower bid is supported at the bid price subsequent rounds considers intra-area bids. First, for assigned bids for which point percentage of the higher bid. competition as well, assigning support there were no other bids for support for 225. Bids and Bid Processing in to bids at the lowest bid percentage for their respective areas at price points Rounds After the Clearing Round. a given area, as long as any assigned lower than the currently considered Carried-Forward and Acceptable Bids. package bids meet the bid’s minimum price point percentage, the system After the clearing round, there will be scale percentage. Bid processing in the calculates the cost of providing support further bidding to resolve competition clearing round also determines support as the amount of support implied by the for areas where more than one bidder is amounts for assigned bids according to currently considered price point. still bidding for support at the base a second-price rule, so that bids are Second, for assigned bids for areas that clock percentage in the clearing round. supported at a price percentage at least did receive other bids at price points After the clearing round and any as high as the bid percentage. lower than the currently considered subsequent round, bidding will 217. Assignment. Once the bid price point, support is generally continue only for areas where there processing procedures establish that the calculated as the amount implied by the were multiple bids at the previous current round is the clearing round, the next-higher price point at which the round’s base clock percentage that could bidding system will begin to assign area received a bid (where next-higher not be assigned. Such bids may have winning bids with support to at most is relative to the price point of the been for a given unassigned area that one bid for a given area. The system will assigned bid, not the currently received multiple single bids, package first assign bids made at the base clock considered price point). The only bids that were not assigned because the percentage for areas not bid on by exception to this arises if there is a bid bidder’s minimum scale percentage for another bidder at the base clock for the area with a bid percentage below the package was not met, or remainders percentage. Any package bids at the the bid percentage of the assigned bid of package bids—unassigned areas from base clock percentage that include areas for the area and the former bid cannot package bids that were partially bid on by another bidder at the base be assigned because it is a package bid assigned. clock percentage must meet the package that does not meet the minimum scale 226. Bids at the base clock percentage bidder’s minimum scale percentage percentage. In that case, the support is for unassigned areas will carry over without those areas in order to be calculated as the amount implied by the automatically to the next bidding round assigned. bid percentage of the assigned bid. at the previous round’s base clock 218. The system then considers all Third, areas bid at the base clock percentage, since the bidder had other bids submitted in the round in percentage that were not assigned in the previously placed a bid at that ascending order of price point round are evaluated as they are in the percentage. In the round into which the percentage to see if additional bids can pre-clearing aggregate cost calculation: bids are carried forward, a bidder with be assigned and, considering the bids only one bid per area is included in the a carried-forward bid for an area may assigned so far, to determine the highest calculation, and if there are bids for an also bid for support for these areas at the price point percentage at which the total area at different performance tier and current round’s base clock percentage or support cost of the assigned bids does latency combinations, the calculation at intermediate price points. In rounds not exceed the budget (the ‘‘clearing uses the bid with the highest implied after the clearing round, a bidder cannot price point’’). Recall that a bid may be support amount, all evaluated at the switch to bidding for an area for which placed at any price point percentage base clock percentage. it did not bid in the previous round. equal to or greater than the current base 222. The bidding system continues to 227. Although a bid for an unassigned clock percentage and less than the assign bids meeting the assignment package will carry over at the previous previous round’s base clock percentage. criteria in ascending price point order as clock percentage, the bidder for such a Bids at price point percentages above long as the cost calculation does not package may group the bids for the areas the clearing price point are not assigned. exceed the budget. The highest price in the package into smaller packages 219. As it considers bids in ascending point at which the running total cost and bid on those smaller packages at price point percentage order, the system will not exceed the budget is identified current round percentages. However, assigns a bid if no other bid for the same as the clearing price point. the unassigned remainders of assigned area has already been assigned, as long 223. Support Amount Determination. package bids—that is, the areas for as the area did not receive any bid at the Bids that are assigned for areas that which there are competing bids—will base clock percentage and the areas to receive no other bids at less than the carry over as individual area bids. Any be assigned in a package bid meet the clearing price point are supported at an bids the bidder places for the remainder bid’s minimum scale percentage. Ties amount implied by the clearing price areas at the new round percentages must are broken by using the highest pseudo- point percentage. be submitted as individual area bids— random number. The bidding system 224. Bids assigned in the clearing that is, the bidder cannot create a new also checks to ensure that sufficient round, when there is also a bid for the package of any of the unassigned budget is available to assign the bid. If area at a price point below the clearing remainders. the bidding system encounters a bid that price point, are generally supported at 228. If a proxy instruction is at a price cannot be supported within the an amount determined by the bid point percentage below the base clock remaining budget, it will skip that bid percentage of the lowest unassigned bid percentage of the previous round, it will and continue to consider other bids in for the area. Exceptions are that if the continue to apply in rounds after the ascending price point percentage order. bid percentage of the lowest unassigned clearing round under the same 220. To determine whether there is bid for the area is less than (e.g., a conditions that apply to other bids. For sufficient budget to support a bid as it package bid that did not meet the package bids made by proxy that are is considered for assignment, the minimum scale percentage) or equal to only partially assigned because there are bidding system keeps a running sum of (i.e., tied with) the bid percentage of the multiple bids at the base clock support costs. assigned bid, then the assigned bid is percentage, the proxy instructions will

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13613

continue to apply to the unassigned • The aggregate cost at the previous have access to such interim information areas in the package bid. That is, the round’s base clock percentage up until as the current round, base clock price point percentage specified in the the budget clears. percentage, aggregate cost, or any proxy instructions will apply to each of Æ The aggregate cost at the base clock summary statistics on bidding or the individual remainder areas. percentage is not disclosed for the assigned bids that may reveal or suggest clearing round or any later round. the identities of bidders associated with 229. Bid Processing in Rounds After • the Clearing Round. As in the clearing The bidder’s activity, based on all any specific bids. Although auction round, in subsequent rounds, the system bids in the previous round, and activity participants will have access to considers bids for assignment and based on bids at the base clock information that is needed to inform percentage. their bidding, such information will be support amount determination in Æ ascending price point percentage order. In rounds after the clearing round, made publicly available only after the The system first considers bids at the the bidder’s assigned support and the close of the auction in order to help new round’s base clock percentage. The implied support of its carried-forward preserve the integrity of the auction system will assign any bids for areas bids will be available. while it is in progress. • Summary statistics of the bidder’s 236. After the close of bidding and that received no other bids at the base bidding in the previous round, announcement of auction results, the clock percentage as long as any package including: Commission will make publicly bid meets the minimum scale Æ The number of CBGs for which it available all bidding data, except for percentage of the bid. The system then bid, at the base clock percentage and at proxy bidding instructions. This processes bids in ascending price point other price points, and for which proxy promotes the Commission’s interest in a order, assigning those bids for as yet instructions are in effect for future transparent auction process and is unassigned areas, as long as any package rounds. consistent with the Commission’s bids meet the minimum scale condition. Æ After the clearing round, CBGs and typical practice post-auction. 230. If there is only one bid for an support amounts it has been assigned 237. Closing Conditions. The auction area in a round in addition to a carried- and those for which it is still bidding, will end once the overall budget has forward bid or bids, the assigned bid is including a list of its carried-forward cleared and there are no longer paid at the base clock percentage for the bids. competing bids for any areas. previous round, consistent with the Æ A bidder will also have access to a 238. Auction Announcements. The second-price rule. If an assigned bid is downloadable file with all its bids Bureaus will use auction for an area that received more than one submitted for each round. announcements to report necessary bid in the round, the assigned bid is • For all eligible areas in all states, information to bidders. All auction supported at the next higher price point including those in which the bidder was announcements will be available by percentage at which there is a bid for not qualified to bid or is not bidding, clicking a link in the CAF II Bidding the area. The only exception to this whether the number of bidders that System. arises when there is a bid for the area placed bids at the previous round’s base 239. Auction Results. After the with a bid percentage below the bid clock percentage was 0, 1, or 2 or more. Bureaus announce the auction results, percentage of the winning bid for the Æ The performance tier and latency they will provide a means for the public area and the former bid cannot be combinations of the bids are not to view and download bidding and assigned because it is a package bid that disclosed. results data. Æ For the clearing round and any does not meet the minimum scale VIII. Post-Auction Procedures percentage. In that case, the support is subsequent round, bidders are also calculated as the amount implied by the informed about which areas have been 240. General Information Regarding bid percentage of the winning bid. assigned. Long-Form Applications. For the Phase II auction, the Commission adopted a 231. If there is more than one bid for 233. Prior to each round, the two-phase auction application process. an area at the current base clock Commission will also make available to Pursuant to § 1.21004(a), each Auction percentage, there will be another individual bidders the implied support 903 winning bidder is required to file an bidding round at a lower base clock amounts, corresponding to the areas and application for Phase II support, referred percentage, with the same restrictions performance tier and latency to as a long-form application, by the on bids and following the same combinations for which they are eligible applicable deadline. Shortly after assignment and pricing procedures. If to bid. These implied support amounts bidding has ended, the Bureaus will all bidders for an area with carried are calculated at the round’s base clock issue a public notice declaring the forward bids decline to submit lower percentage. 234. The Commission balances its auction closed, identifying the winning bids in a subsequent round, the bid with interest in providing bidders with bidders, and establishing the deadline the highest pseudo-random number will sufficient information about the status for the long-form application. Winning be considered first for assignment of their own bids and bidding across all bidders will use the new FCC Form 683 according to the Commission’s tie eligible areas to allow them to bid and the Auction Application System to breaking procedures. confidently and effectively, while submit their long-form applications. 232. Availability of Bidding restricting the availability of Details regarding the submission and Information. As in past Commission information that may facilitate processing of long-form applications auctions, bidders will have secure identification of bidders placing will be provided in a public notice after access to certain non-public bidding particular bids, which could potentially the close of the bidding. After a long- information while bidding is ongoing. lead to undesirable strategic bidding. form applicant’s application has been After each round ends, and before the 235. The Commission will withhold reviewed and is considered to be next round begins, the Commission will information on the progress of the complete, and the long-form applicant make the following information auction from the general public until has submitted an acceptable letter of available to individual bidders: after the close of bidding when auction credit and accompanying Bankruptcy • The base clock percentage for the results are announced. Accordingly, Code opinion letter as described below, upcoming round. during the auction, the public will not a public notice will be released

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13614 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

authorizing the long-form applicant to 246. Public Interest Obligations 249. Initial Overview. First, an receive Phase II support. Certification. A long-form applicant applicant must submit with its long- 241. Long-Form Application: must certify in its long-form application form application (due within 10 Disclosures and Certifications. Unless that it will meet the relevant public business days after the release of the otherwise provided by public notice, interest obligations for each Auction 903 closing public notice) an within 10 business days after release of performance tier and latency overview of its intended technology and the Auction 903 closing public notice, a combination for which it (or its parent/ system design for each state in which long-form applicant must electronically holding company or consortium/joint winning bids were made. The overview submit a properly completed long-form venture) was deemed a winning bidder, must describe at a high level how the application (FCC Form 683) for the areas including the requirement that it will long-form applicant will meet its Phase for which it (or its parent/holding offer service at rates that are equal to or II public interest obligations for the company or consortium/joint venture) lower than the Commission’s reasonable relevant performance tier and latency was deemed a winning bidder. Further comparability benchmarks for fixed combination(s) using Phase II support instructions and filing requirements will services offered in urban areas. (e.g., building a new network or be provided to winning bidders in the 247. Eligible Telecommunications expanding an existing network, auction closing public notice. Carrier Certification. A long-form deploying new technology or existing 242. Ownership Disclosure. A long- applicant must acknowledge in its long- technology). This overview should form applicant must fully disclose in its form application that it must be avoid highly technical terminology or long-form application its ownership designated as an ETC in the relevant jargon unless such language is integral structure as well as information areas prior to being authorized to to the understanding of the project. The regarding the real party- or parties-in- receive Phase II support in those areas. overview will be made publicly interest in the applicant or application Specifically, the long-form applicant available. as set forth in § 1.2112(a). A long-form must certify that, if it has already been applicant will already have ownership 250. Detailed Description. Second, designated as an ETC in the relevant information on file with the within 60 calendar days after the release areas, it has provided a certification of Commission that was submitted in its of the Auction 903 closing public its status in each such area and the short-form application during the pre- notice, a long-form applicant must relevant documentation supporting that auction process, which may simply submit, for each state in which winning certification in its long-form need to be updated as necessary. bids were made, a more detailed 243. General Universal Service application. If the long-form applicant description of its technology and system Certifications. A long-form applicant has not yet been designated as an ETC design. This second submission must must certify in its long-form application in the relevant areas, the long-form describe the network to be built or that it is in compliance with all applicant must certify that it will submit upgraded, demonstrate the project’s statutory and regulatory requirements a certification of its status as an ETC in feasibility, and include the network for receiving the universal service each such area and the relevant diagram certified by a professional support that it seeks as of the long-form documentation supporting that engineer. A long-form applicant can application filing deadline, or that it certification prior to being authorized to submit the detailed description as early will be in compliance with such receive such support. As described as its initial long-form application filing requirements before being authorized to below, this certification of ETC status deadline (i.e., within 10 business days receive Phase II support. A long-form and documentation must be submitted after the release of the public notice applicant must also certify that it will within 180 days after the release of the announcing the close of Auction 903), comply with all program requirements, Auction 903 closing public notice. but no later than 60 calendar days after including service milestones. 248. Description of Technology and the public notice’s release. It must 244. In addition, a long-form System Design. Each long-form describe in detail a network that fully applicant must certify that it is aware applicant will be required to supports the delivery of consumer voice that if it is not authorized to receive demonstrate that it is technically and broadband service that meets the support based on its application, the qualified to meet the relevant Phase II requisite performance requirements to at application may be dismissed without public interest obligations in the areas least 95 percent of the required number further consideration and penalties may covered by the winning bids by of locations in each state by the end of apply. submitting technical information to the six-year build-out period and for the 245. Financial and Technical support the operational assertions made duration of the 10-year support term, Capability Certification. As in its pre- in the short-form application. A long- assuming a 70 percent subscription rate auction short-form application, a long- form applicant is required to submit a by the final service milestone. It also form applicant must certify in its long- detailed technology and system design must contain sufficient detail to form application that it is financially description, including a network demonstrate that the long-form and technically capable of meeting the diagram that must be certified by a applicant can meet the interim service relevant public interest obligations for professional engineer. The professional milestones if it becomes authorized to each performance tier and latency engineer must certify that the network receive support. If a long-form applicant combination in the geographic areas in can deliver, to at least 95 percent of the submits a technology and system design which it seeks support. A long-form required number of locations in each description that lacks sufficient detail to applicant should be aware that in relevant state, voice and broadband demonstrate that the long-form making a certification to the service that meets the requisite applicant has the technical Commission it exposes itself to liability performance requirements. Because it qualifications to meet the relevant Phase for a false certification. A long-form may take time for a long-form applicant II obligations, the long-form applicant applicant should take care to review its to create a detailed technology and will be asked to provide further details resources and its plans before making system design description that is about its proposed network. The the required certification and be tailored to such areas, it may submit its Commission will treat all the prepared to document its review, if technology and system design information submitted with this second necessary. description in two stages. submission as confidential and will

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13615

withhold it from routine public border controllers, and various network access nodes or gateways, including inspection. As the Commission does databases. If the long-form applicant their technology, manufacturer and with short-form applications, the obtains these or other voice service model, location, and throughput/ Commission will treat long-form functions as services from another capacity; and (iii) major inter-nodal applicants that submit this information provider or providers (for example, an links (not last mile), and their as having made a request to treat this over-the-top VoIP provider, or an throughput/capacity. information as confidential trade secrets incumbent or competitive local • Indicate how many locations will and/or commercial information. If a exchange carrier), the description be offered service from each access node request for public inspection under should so indicate. or from each gateway, and which § 0.461 is made, however, the long-form • Describe the network’s scalability performance tier or tiers will be applicant will be notified and will be and features that improve reliability supported at each access node. required to justify confidential (such as redundancy). • Indicate what parts of the network • treatment of its request if the long-form Indicate whether parts of the will be new deployment and what parts applicant has any objections to network will use the long-form will use the long-form applicant’s or disclosure. applicant’s or another party’s existing another party’s existing network 251. Below, the Commission provides network facilities, including non- facilities. guidance on how a long-form applicant wireless facilities extending from the • Identify specialized nodes used in can successfully meet the requirement network to customers’ locations. For providing voice service. in § 54.315(b)(2)(iv) to provide a non-wireless facilities that do not yet • Explain how nodes or gateways are description of its technology and system exist, the description should indicate connected to the internet backbone and design. Specifically, the Commission whether the new facilities will be aerial, Public Switched Telephone Network. describes the types of information it buried, or underground. 254. Additionally, a long-form • Provide technical information about would expect a long-form applicant to applicant that proposes to use terrestrial the methods, ‘‘rules of thumb,’’ and include, at a minimum, in a detailed fixed wireless technologies should: description of its technology and system engineering assumptions used to size • the capacity of the network’s nodes (or Explain, with technical detail, how design in order to demonstrate that it the proposed spectrum can meet or has the technical qualifications to meet gateways) and links. The information provided should demonstrate how the exceed the relevant performance its Phase II obligations. The Commission requirements at peak usage periods. recognizes that because a Phase II required performance for the relevant • Provide the calculations used, for support recipient has six years to fully performance tier will be achieved each performance tier and frequency build out its network, the information during periods of peak usage, assuming band, to design the last mile link submitted by the long-form applicant a 70 percent subscription rate by the budgets in both the upload and may be based on a preliminary network final service milestone. download directions at the cell edge, design that may be modified as the • Provide a project plan that includes using the technical specifications of the network is built out. The Commission’s a network build-out schedule that expected base station and customer guidance is informed by the types of includes but is not restricted to plans for construction of last mile and middle premise equipment. information that long-form applicants • submitted for rural broadband mile facilities. The build-out schedule Provide coverage maps for the experiment support during the long- should show the long-form applicant’s planned and/or existing networks that form application stage to demonstrate projected milestones on an annual basis, will be used to meet the Phase II public that they had the technical including achievement of the interim interest obligations, indicating where qualifications to meet the relevant rural service milestones described in the upload and download speeds will broadband experiment public interest § 54.310(c) of the Commission’s rules meet or exceed the relevant performance obligations. These are also the types of and completion of the network by the tier speed(s). The coverage maps should information that the Commission end of the sixth year of funding be provided for each interim and final expects a technically qualified long- authorization. The project plan and service milestone and should display form applicant will have made included schedule should incorporate the required service areas and target preliminary decisions about in order to detailed information showing how the locations (or a representation thereof). • determine how much support it would long-form applicant plans to offer, to at Describe the underlying need to meet the relevant Phase II least 95 percent of the required number propagation model used to prepare the auction public interest obligations and of locations in each relevant state, voice coverage maps and how the model also to begin planning how it will meet and broadband service meeting the incorporates the operating spectrum, the required service milestones. relevant performance requirements antenna heights, distances, digital 252. A long-form applicant, regardless when the system is complete. The elevation, and clutter resolutions. • of the technology (or technologies) it project plan and included schedule Describe, for each relevant proposes to use, is expected to: should also incorporate the long-form performance tier and latency • Describe the proposed last mile applicant’s plans for monitoring and combination, the base station equipment architecture(s) and technologies (such maintaining the performance of the that the long-form applicant plans to architectures and technologies include, service for the duration of the 10-year use. • for example, wireless licensed or support term. Describe the planned customer unlicensed, fiber, coaxial cable, satellite, 253. The network diagram, which premise equipment configuration. digital subscriber line, hybrids, etc.), must be certified by a professional 255. Additionally, a long-form middle mile/backhaul topology (e.g., engineer, should: applicant that proposes to use primarily describe ring, mesh, tree and branch, • Identify all wireline and wireless satellite technologies should: and hybrid topologies), and the segments of the proposed networks. • Describe how many satellites that architecture used to provide voice • Uniquely identify (i) major network are in view simultaneously from any service. This description should include nodes including their manufacturer and specific location will be required to the long-form applicant’s Session model, as well as their functions, meet the relevant Phase II public Initiation Protocol (SIP) proxies, session locations, and throughput/capacity; (ii) interest obligations.

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13616 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

• Describe how many uplink and sufficient access to spectrum. bank’s agreement to follow the terms downlink gateway antenna beams will Specifically, as in its pre-auction short- and conditions of the Commission’s be required on each satellite, and the form application, a long-form applicant model letter of credit in Appendix B of capacity of each beam in megabits per must, in its long-form application (i) the Phase II Auction Order, 81 FR second. identify the spectrum band(s) it will use 44413, July 7, 2016. • Describe how many uplink and for the last mile, backhaul, and any 260. Documentation of ETC downlink user antenna beams will be other parts of the network; (ii) describe Designation. Within 180 days after the required on each satellite, and the the total amount of uplink and release of the Auction 903 closing capacity of each beam in megabits per downlink bandwidth (in megahertz) that public notice, a long-form applicant is second. it has access to in each spectrum band required to submit appropriate • Describe how the gateway capacity for the last mile; (iii) describe the documentation of its high-cost ETC is connected to user beams on the authorizations (including leases) it has designation in all the areas for which it satellite, in terms of beams and data obtained to operate in the spectrum, if will receive support. Appropriate capacity per beam. applicable; and (iv) list the call signs documentation should include the • Describe whether the capacity on and/or application file numbers original designation order, any relevant the uplink and downlink beams would associated with its spectrum modifications, e.g., expansion of service be able to be reallocated once a satellite authorizations, if applicable. A long- area or inclusion of wireless, along with commences operation, if the form applicant may propose to use more any name-change orders. A long-form subscription rate is less than 70 percent than one spectrum band to meet its applicant is also required to provide in one beam but more than 70 percent Phase II public interest obligations. Each documentation showing that the in another beam. applicant must identify for which part designated areas (e.g., census blocks, 256. Available Funds Certification of the network (e.g., last mile, backhaul, wire centers, etc.) cover the relevant and Description. A long-form applicant etc.) it intends to use each spectrum winning bid areas so that it is clear that must certify in its long-form application band. If the licensee is a different party the long-form applicant has high-cost that it will have available funds for all than the long-form applicant, the ETC status in each winning bid area. project costs that exceed the amount of licensee name and the relationship to Such documentation could include Phase II support to be received for the the long-form applicant should be maps of the long-form applicant’s ETC first two years of its support term. A described. If the long-form applicant is designation area, map overlays of the long-form applicant must also describe leasing spectrum, the lease number winning bid areas, and/or charts listing how the required construction will be should be provided along with the designated areas. Additionally, a long- funded in each state. The description license information. As in the short- form applicant is required to submit a should include the estimated project form application, an applicant that letter with its documentation from an costs for all facilities that are required intends to provide service using satellite officer of the company certifying that to complete the project, including the technology should describe its expected the long-form applicant’s ETC costs of upgrading, replacing, or timing for applying for earth station designation for each state covers the otherwise modifying existing facilities license(s), and an applicant that intends relevant areas where the long-form to expand coverage or meet performance to obtain microwave license(s) for applicant will receive support. requirements. The estimated costs must backhaul should describe its expected 261. Audited Financial Statements. be broken down to indicate the costs timing for applying for microwave Within 180 days after the release of the associated with each proposed service license(s) if these licenses have not Auction 903 closing public notice, a area at the state level and must specify already been obtained. To the extent long-form applicant that did not submit how Phase II support and other funds, that a long-form applicant will use audited financial statements in its pre- if applicable, will be used to complete licensed spectrum, it should provide auction short-form application must the project. The description must details about how the licensed service submit the financial statements from the include financial projections area covers its winning bid area(s) (e.g., prior fiscal year that are audited by an demonstrating that the long-form provide a list of geographic areas that independent certified public applicant can cover the necessary debt the spectrum license covers and accountant. Any long-form applicant service payments over the life of any describe how those areas relate to the that fails to submit the audited financial loans. The Commission will treat all the winning bid area(s)). statements as required by the 180-day information submitted with this 258. A long-form applicant must also deadline will be subject to a base submission as confidential and will certify that the description of the forfeiture of $50,000, which will be withhold it from routine public spectrum access is accurate and that it subject to adjustment upward or inspection. The Commission will also will retain such access for at least 10 downward as appropriate based on the treat long-form applicants that submit years after the date on which it is criteria set forth in the Commission’s this information as having made a authorized to receive support. forfeiture guidelines. request to treat this information as Applications will be reviewed to assess 262. Letter of Credit and Bankruptcy confidential trade secrets and/or the reasonableness of the certification. Code Opinion Letter. After a long-form commercial information. If a request for 259. Letter of Credit Commitment applicant’s application has been public inspection under § 0.461 is made, Letter. Within 60 days after the release reviewed and is considered to be however, the long-form applicant will of the Auction 903 closing public complete, the Commission will issue a be notified and will be required to notice, a long-form applicant must public notice identifying each long-form justify confidential treatment of its submit a letter from a bank acceptable applicant that may be authorized to request if the long-form applicant has to the Commission, as set forth in receive Phase II support. No later than any objections to disclosure. § 54.315(b)(3), committing to issue an 10 business days after the release of the 257. Spectrum Access. A long-form irrevocable stand-by letter of credit, in public notice, a long-form applicant applicant that intends to use wireless the required form, to the long-form must obtain an irrevocable standby technologies to meet the relevant Phase applicant. The letter must, at a letter of credit at the value specified in II public interest obligations must minimum, provide the dollar amount of § 54.315(c)(1) from a bank acceptable to demonstrate that it currently has the letter of credit and the issuing the Commission as set forth in

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13617

§ 54.315(c)(2) for each state where the 266. Non-Compliance Measures Post- will voice services be provided? How long-form applicant is seeking to be Authorization. A long-form applicant will broadband internet access service authorized. The letter of credit must be that has received notice from the be provided? issued in substantially the same form as Commission that it is authorized to 2. What are the relevant industry set forth in the model letter of credit receive Phase II support will be subject standards, if any, for the last-mile provided in Appendix B of the Phase II to non-compliance measures once it technologies in the applicant’s proposed Auction Order, 81 FR 44413, July 7, becomes a support recipient if it fails or deployment? If the applicant is 2016. is unable to meet its minimum coverage proposing to use non-standard 263. In addition, a long-form requirement, other service requirements, technologies, the applicant should applicant will be required to provide or fails to fulfill any other term or identify which vendor(s) and product(s) with the letter of credit an opinion letter condition of Phase II support. As are being considered, and provide links from legal counsel clearly stating, described in the December 2014 to the vendors’ websites and to publicly subject only to customary assumptions, Connect America Order, 80 FR 4445, available technical specifications of the limitations, and qualifications, that, in a January 27, 2015, and the Phase II product(s). (If technical specifications proceeding under the Bankruptcy Code, Auction Order, 81 FR 44413, July 7, for the non-standard technologies are the bankruptcy court would not treat the 2016, these measures will scale with the not available on a vendor’s website, they letter of credit or proceeds of the letter extent of non-compliance, and include may be submitted with this application.) of credit as property of the long-form additional reporting, withholding of Regardless of whether the applicant applicant’s bankruptcy estate, or the support, support recovery, and drawing proposes to use standard or non- bankruptcy estate of any other bidder- on the support recipient’s letter of credit standard technologies—what related entity requesting issuance of the if the support recipient cannot pay back capabilities of this technology and letter of credit, under section 541 of the the relevant support by the applicable proposed network will enable Bankruptcy Code. deadline. A support recipient may also performance tier (speed and usage allowance), latency and (where 264. Default Payment Requirements. be subject to other sanctions for non- applicable) voice service mean opinion Auction Forfeiture. Any Auction 903 compliance with the terms and score (MOS) requirements to be met? winning bidder or long-form applicant conditions of Phase II support, including, but not limited to, potential 3. Can the applicant demonstrate that will be subject to a forfeiture in the the technology and the engineering event of a default before it is authorized revocation of ETC designations and suspension or debarment. Additionally, design will fully support the proposed to begin receiving support. A winning performance tier, latency and voice bidder or long-form applicant will be a support recipient will be subject to any non-compliance measures that are service requirements for the requisite considered in default and will be number of locations during peak periods subject to forfeiture if it fails to timely adopted in conjunction with a methodology for high-cost support (Yes/No)? What assumptions about file a long-form application, fails to subscription rate and peak period data meet the document submission recipients to measure and report speed and latency performance to fixed usage is the applicant making in this deadlines, is found ineligible or assertion? Describe concisely the locations. unqualified to receive Phase II support information that can be made available by the Bureaus on delegated authority, Auction 903 Short-Form Application to support this assertion. and/or otherwise defaults on its Operational Questions 4. Can the applicant demonstrate that winning bids or is disqualified for any Responses to these questions and any all the network buildout requirements to reason prior to the authorization of achieve all service milestones can be support. Any such determination by the supporting documentation will be withheld from public disclosure. met (Yes/No)? The applicant will be Bureaus shall be final, and a winning required to submit a detailed project bidder or long-form applicant shall have Operational History (if Applicable) plan in the long-form application if it is no opportunity to cure through Answer on a nationwide basis: named as a winning bidder. Describe additional submissions, negotiations, or Has the applicant previously concisely the information that the otherwise. Agreeing to such payment in deployed consumer broadband applicant would make available in such the event of a default is a condition for networks (Yes/No)? If so, identify the a detailed project plan. participating in bidding in the Phase II date range for when broadband service 5. For the proposed performance tier auction. was offered and in which state(s) service and latency combination, can the 265. In the event of an auction was offered. What specific last mile and applicant demonstrate that potential default, the Commission will impose a interconnection (backhaul) technologies vendors, integrators and other partners base forfeiture per violation of $3,000 were used? Provide an estimate of how are able to provide commercially subject to adjustment upward or many subscribers are currently served. available and fully compatible network downward based on the criteria set forth (If the applicant is no longer providing equipment/systems, interconnection, in the Commissions forfeiture service in any state, estimate the last mile technology and customer guidelines, as adopted in the Phase II number of customers that were served at premise equipment (CPE) at cost Auction Order. A violation is defined as the beginning of the last full year that consistent with applicant’s buildout any form of default with respect to the the applicant did provide service.) What budget and in time to meet service minimum geographic unit eligible for services (e.g., voice, video, broadband milestones (Yes/No)? Describe concisely bidding. In other words, there shall be internet access) were provided? the information and sources of such separate violations for each CBG information that the applicant could assigned in a bid. To ensure that the Proposed Network(s) Using Funding make available to support this response. amount of the base forfeiture is not From the Phase II Auction 6. Can the applicant describe how the disproportionate to the amount of a Answer for each state the applicant network will be maintained and services winning bidder’s bid, the total base selected in its application: provisioned (Yes/No)? Can the applicant forfeiture is limited to five percent of 1. Which network architectures and demonstrate that it can provide the bidder’s total assigned support for technologies will be used in the internally developed operations systems the bid for the support term. applicant’s proposed deployment? How for provisioning and maintaining the

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13618 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

proposed network including equipment to provide commercially available and applicant could make available to and segments, interconnections, CPE fully compatible operations systems and support these responses. and customer services at cost consistent tools for provisioning and maintaining 7. If the applicant is using satellite with applicant’s buildout budget and in the proposed network at cost consistent technologies, describe concisely the time to meet service milestones (Yes/ with applicant’s buildout budget and in total satellite capacity available and No)? If not, can the applicant time to meet service milestones (Yes/ possible methods the applicant will demonstrate that potential vendors, No)? Describe concisely the information utilize to assign bandwidth and capacity integrators, and other partners are able and sources of such information that the for each spot beam.

AUCTION 903 SPECTRUM CHART

Paired licensed Unpaired licensed Unlicensed Spectrum band/service Uplink freq. Downlink freq. Uplink & downlink freq. Unlicensed (MHz) (MHz) (MHz) (MHz)

600 MHz ...... 663–698 ...... 617–652. Lower 700 MHz ...... 698–716 ...... 728–746 ...... 716–728 (Downlink only). Upper 700 MHz ...... 776–787 ...... 746–757. 800 MHz SMR ...... 813.5/817–824 ...... 858.5/862–869. Cellular ...... 824–849 ...... 869–894. Broadband PCS ...... 1,850–1,915 ...... 1,930–1,995. AWS–1 ...... 1,710–1,755 ...... 2,110–2,155. AWS (H Block) ...... 1,915–1,920 ...... 1,995–2,000. AWS–3 ...... 1,755–1,780 ...... 2,155–2,180 ...... 1,695–1,710 (Uplink only). AWS–4 ...... 2,000–2,020, 2,180–2,200 (Downlink only). BRS/EBS ...... 2,496–2,690. WCS ...... 2,305–2,315 ...... 2,350–2,360 ...... 2,315–2,320, 2,345–2,350. CBRS (3.5 GHz) ...... 3,550–3,700. UMFUS (terrestrial) ...... 27,500–28,350, 38,600– 40,000. 70–80–90 GHz unpaired & Point-to-Point Pairs for 70–80 GHz, 71,000–76,000 with 71,000–76,000, 81,000– 70–80 GHz paired 81,000–86,000. 86,000, 92,000–95,000. (point-to-point terrestrial).

TV White Spaces ...... 54–72, 76–88, 174–216, 470–698. 900 MHz ...... 902–928. 2.4 GHz ...... 2,400–2,483.5. 5 GHz ...... 5,150–5,250, 5,250–5,350, 5,470–5,725, 5,725– 5,850. 24 GHz ...... 24,000–24,250. 57–71 GHz ...... 57,000–71,000. Ku Band (satellite) ...... 12,750–13,250, 14,000– 10,700–12,700. 14,500. Ka Band (satellite) ...... 27,500–30,000 ...... 17,700–20,200. V Band (satellite) ...... 47,200–50,200, 50,400– 37,500–42,000. 52,400.

Abbreviations Law 104–13. The Commission is USF/ICC Transformation FNPRM, 76 FR currently seeking PRA approval for 78384, December 16, 2011, the April AWS Advanced Wireless Services information collections related to the 2014 Connect America FNPRM, 79 FR BRS/EBS Broadband Radio Service/ short-form application process and will 39163, July 9, 2014, and the Phase II Education Broadband Service in the future seek PRA approval for Auction FNPRM, 81 FR 44413, July 7, CBRS Citizens Broadband Radio Service information collections related to the PCS Personal Communications Service/ 2016 (collectively, Phase II FNPRMs). A Specialized Mobile Radio long-form application process. In Supplemental Initial Regulatory SMR Upper Microwave Flexible Use addition, therefore, this document does Flexibility Analysis (Supplemental UMFUS Service not contain any new or modified IRFA) was also filed in the CAF II WCS Wireless Communications Service information collection burden for small Auction Comment Public Notice, 82 FR business concerns with fewer than 25 40520, August 25, 2017, in this IX. Procedural Matters employees, pursuant to the Small proceeding. The Commission sought 267. Paperwork Reduction Act Business Paperwork Relief Act of 2002, written public comment on the Analysis. This document seeks to Public Law 107–198. proposals in the Phase II FNPRMs and implement the information collections 268. Supplemental Final Regulatory in the CAF II Auction Comment Public adopted in the Phase II Auction Order, Flexibility Analysis. As required by the Notice, including comments on the 81 FR 44413, July 7, 2016, and does not Regulatory Flexibility Act of 1980, as IRFAs and the Supplemental IRFA. No contain any additional information amended (RFA), the Commission comments were filed addressing the collection(s) subject to the Paperwork prepared Initial Regulatory Flexibility IRFAs. The Commission included Final Reduction Act of 1995 (PRA), Public Analyses (IRFAs) in connection with the Regulatory Flexibility Analyses (FRFAs)

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations 13619

in connection with the April 2014 performance tier/latency combinations incorporates by reference the Connect America Order, 79 FR 39163, in which an applicant intends to bid, descriptions and estimates of the July 9, 2014, the Phase II Auction Order, and providing operational and financial number of small entities from the 81 FR 44413, July 7, 2016, and the information designed to allow the previous FRFAs in the Phase II Orders. Phase II Auction FNPRM Order, 82 FR Commission to assess the applicant’s 279. Description of Projected 14466, March 21, 2017 (collectively, qualifications to meet the Phase II Reporting, Recordkeeping, and Other Phase II Orders). This Supplemental public interest obligations for each area Compliance Requirements for Small Final Regulatory Flexibility Analysis for which it seeks support. The Entities. The data, information and (Supplemental FRFA) supplements the document also sets forth information document collection required by the FRFAs in the Phase II Orders to reflect that a winning bidder will be required Phase II Orders as described in the the actions taken in the document and to submit in its post-auction long-form previous FRFAs and the Supplemental conforms to the RFA. application in order to become IRFA in the CAF II Auction Comment 269. Need for, and Objectives of, The authorized to receive Phase II support. Public Notice in this proceeding are Document. The document establishes 273. Accordingly, the procedures hereby incorporated by reference. procedures for the Connect America established in the document are 280. Steps Taken To Minimize the Fund Phase II auction. In particular, the consistent with the Phase II Orders and Significant Economic Impact on Small document establishes procedures for, the prior regulatory flexibility analyses Entities, and Significant Alternatives among other things, how an applicant set forth in this proceeding, and no Considered. The RFA requires an can become qualified to bid in the changes to the Commission’s earlier agency to describe any significant auction, how bidders will submit bids, analyses are required. alternatives that it has considered in and how bids will be processed to 274. Summary of Significant Issues reaching its proposed approach, which determine winners and assign support Raised by Public Comments in Response may include the following four amounts. to the Supplemental IRFA. There were alternatives (among others): ‘‘(1) The 270. Following the release of the no comments filed that specifically establishment of differing compliance or Phase II FNPRMs and Phase II Orders, addressed the proposed procedures reporting requirements or timetables the Commission released the CAF II presented in the Supplemental IRFA. that take into account the resources Auction Comment Public Notice. The 275. Response to Comments by the available to small entities; (2) the CAF II Auction Comment Public Notice Chief Counsel for Advocacy of the Small clarification, consolidation, or proposed specific procedures for Business Administration. Pursuant to simplification of compliance or implementing the rules proposed in the the Small Business Jobs Act of 2010, reporting requirements under the rule Phase II FNPRMs and adopted in the which amended the RFA, the for small entities; (3) the use of Phase II Orders. The CAF II Auction Commission is required to respond to performance, rather than design, Comment Public Notice did not change any comments filed by the Chief standards; and (4) and exemption from matters adopted in the Phase II Orders, Counsel of the Small Business coverage of the rule, or any part thereof, but did request comment on how the Administration (SBA), and to provide a for small entities. proposals in the CAF II Auction detailed statement of any change made 281. The analysis of the Commission’s Comment Public Notice might affect the to the proposed procedures as a result efforts to minimize the possible previous regulatory flexibility analyses of those comments. significant economic impact on small in this proceeding. 276. The Chief Counsel did not file entities as described in the previous 271. The document establishes any comments in response to the Phase II Orders FRFAs are hereby procedures for awarding Phase II auction procedures proposed in this incorporated by reference. In addition, support in Auction 903 through a multi- proceeding. in establishing the bidding and round, reverse auction, the minimum 277. Description and Estimate of the application procedures for Auction 903, geographic area for bidding in the Number of Small Entities to Which the the Commission anticipates the auction, aggregating eligible areas into Procedures Will Apply. The RFA directs challenges faced by small entities. larger geographic units for bidding, agencies to provide a description of and, Specifically, the bidding procedures setting reserve prices, capping the where feasible, an estimate of the established in the document are amount of support per location number of small entities that may be designed to facilitate the participation of provided to extremely high-cost census affected by the procedures adopted qualified service providers of all kinds, blocks, and the availability of herein. The RFA generally defines the including small entities, in the Phase II application and auction information to term ‘‘small entity’’ as having the same program, and to give all bidders, bidders and to the public during and meaning as the terms ‘‘small business,’’ including small entities, the flexibility after the auction. The document also ‘‘small organization,’’ and ‘‘small to place bids that align with their establishes detailed bidding procedures governmental jurisdiction.’’ In addition, intended network construction or for conducting Auction 903 using a the term ‘‘small business’’ has the same expansion, regardless of the size of their descending clock auction format, meaning as the term ‘‘small business current network footprints. For including bid collection, clock prices, concern’’ under the Small Business Act. example, the Commission will use CBGs bid format, package bidding format, A ‘‘small business concern’’ is one containing one or more eligible census proxy bidding, bidder activity rules, bid which: (1) Is independently owned and blocks as the minimum geographic area processing, and how support amounts operated; (2) is not dominant in its field for bidding in the auction in order to are determined. of operation; and (3) satisfies any provide bidders, including small 272. To implement the rules adopted additional criteria established by the providers, with flexibility to target their by the Commission in the Phase II SBA. intended areas of network expansion or Orders for the pre-auction process, the 278. As noted above, FRFAs were construction without significantly document establishes specific incorporated into the Phase II Orders. In complicating the bidding process. To procedures and requirements for those analyses, the Commission help ensure that all bidders—both large applying to participate and becoming described in detail the small entities and small—understand the bidding qualified to bid in Auction 903, that might be significantly affected. In procedures, including those related to including designating the state(s) and the document, the Commission hereby package bidding, the Bureaus will

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 13620 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Rules and Regulations

provide further educational the types of materials and other application procedures. The Bureaus opportunities and materials well in information the Commission will make also plan to work with the advance of the auction. available to help educate parties that Commission’s Office of 282. Furthermore, the pre-auction have not previously applied to Communications Business application procedures set forth in the participate or bid in a Commission Opportunities to engage with small document are intended to require auction. Specifically, the Bureaus will providers. applicants to submit enough compile and release a guide that 284. Report to Congress. The information to permit the Commission provides further technical and to determine their qualifications to Commission will send a copy of the mathematical detail regarding the document, including this Supplemental participate in Auction 903, without bidding, assignment, and support requiring so much information that it is FRFA, in a report to Congress pursuant amount determination procedures. Two cost-prohibitive for any entity, to the Congressional Review Act. In online tutorials will be available to including small entities, to participate. addition, the Commission will send a For example, the Commission adopts a serve as references for potential copy of the document, including this modified version of the proposal in the applicants and bidders, and two Supplemental FRFA, to the Chief CAF II Auction Comment Public Notice workshops/webinars will be held. Counsel for Advocacy of the SBA. A regarding an applicant’s financial Additionally, a mock auction will be copy of the document and qualifications that no longer places conducted that will enable all qualified Supplemental FRFA (or summaries added emphasis on an applicant’s score bidders, including small entities, to thereof) will also be published in the for the current ratio and equity ratio become familiar with the CAF II Federal Register. Bidding System and to practice metrics in light of concerns that those Federal Communications Commission. two thresholds are difficult for certain submitting bids prior to the auction. By providers, including small providers, to providing these resources, the Gary D. Michaels, meet. Commission seeks to minimize any Deputy Chief, Auctions and Spectrum Access 283. Finally, recognizing that some economic impact on small entities and Division, WTB. entities may be new to Commission help all entities—both large and small— [FR Doc. 2018–05142 Filed 3–28–18; 8:45 am] auctions, the Commission announces fully understand the bidding and BILLING CODE 6712–01–P

VerDate Sep<11>2014 19:40 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4701 Sfmt 9990 E:\FR\FM\29MRR2.SGM 29MRR2 sradovich on DSK3GMQ082PROD with RULES2 Vol. 83 Thursday, No. 61 March 29, 2018

Part III

The President

Proclamation 9712—Education and Sharing Day, U.S.A., 2018

VerDate Sep<11>2014 19:46 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\29MRD0.SGM 29MRD0 sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 19:46 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4717 Sfmt 4717 E:\FR\FM\29MRD0.SGM 29MRD0 sradovich on DSK3GMQ082PROD with PRES DOCS 13623

Federal Register Presidential Documents Vol. 83, No. 61

Thursday, March 29, 2018

Title 3— Proclamation 9712 of March 27, 2018

The President Education and Sharing Day, U.S.A., 2018

By the President of the United States of America

A Proclamation A quality education can give every child, regardless of his or her cir- cumstances, the opportunity to grow, thrive, succeed, and achieve their version of the American Dream. On Education and Sharing Day, we acknowl- edge the power that a solid academic foundation, combined with the trans- formative power of time-honored values and ethics, can have in helping young people achieve lives of purpose and passion. Today, we honor the life and legacy of Rabbi Menachem Mendel Schneerson. The Lubavitcher Rebbe was a widely respected scholar and leader of faith who believed in the potential of all persons and sought to empower young people through education, character development, and civic pride. Through- out his long and distinguished life, Rabbi Schneerson inspired millions of people, across multiple generations, through his example of compassion, wisdom, and courage in the face of oppression. He recognized that access to education, paired with moral and spiritual development, could transform the world for good, and he devoted his life to these principles. His commit- ment to invest in the lives of the next generation led to the establishment of academic and outreach centers to help grow and engage young minds and provide them with spiritual and material assistance. Thanks to his drive and dedication, these educational and social service centers can be found in every State and throughout the world. The Lubavitcher Rebbe believed that even in the darkest place, ‘‘the light of a single candle can be seen far and wide.’’ His life is an example of the power of one person to influence the lives of many. May we strive to be that light for future generations, instilling in them the value of education and the virtues of courage and compassion that can impact our communities and the world for the better. 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 27, 2018, as ‘‘Education and Sharing Day, U.S.A.’’ I call upon government officials, educators, volunteers, and all the people of the United States to observe this day with appropriate programs, ceremonies, and activities.

VerDate Sep<11>2014 19:46 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29MRD0.SGM 29MRD0 sradovich on DSK3GMQ082PROD with PRES DOCS 13624 Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day of March, in the year of our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred and forty-second.

[FR Doc. 2018–06598 Filed 3–28–18; 11:15 am] Billing code 3295–F8–P

VerDate Sep<11>2014 19:46 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\29MRD0.SGM 29MRD0 sradovich on DSK3GMQ082PROD with PRES DOCS Trump.EPS i

Reader Aids Federal Register Vol. 83, No. 61 Thursday, March 29, 2018

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MARCH

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 340...... 11845 Presidential Documents 3 CFR 360...... 11845 Executive orders and proclamations 741–6000 Proclamations: 361...... 11845 The United States Government Manual 741–6000 9700...... 9405 457...... 11633, 12657 9701...... 9407 Other Services 761...... 11867 9702...... 9409 800...... 11633 741–6020 Electronic and on-line services (voice) 9703...... 10355 906...... 13378 Privacy Act Compilation 741–6050 9704...... 11619 983...... 11134 Public Laws Update Service (numbers, dates, etc.) 741–6043 9705...... 11625 1212...... 11136 9706...... 12243 1734...... 10357 9707...... 12245 ELECTRONIC RESEARCH 1940...... 12657 9708...... 12471 3434...... 11869 World Wide Web 9709...... 13097 4279...... 11633 9710...... 13355 Proposed Rules: Full text of the daily Federal Register, CFR and other publications 9711...... 13361 210...... 9447 is located at: www.fdsys.gov. 9712...... 13623 235...... 9447 Federal Register information and research tools, including Public Executive Orders: 319...... 13433 Inspection List, indexes, and Code of Federal Regulations are 10830 (Amended by 925...... 8802 located at: www.ofr.gov. EO 13824)...... 8923 959...... 8804 12473 (Amended by 1051...... 11903 E-mail EO 13825)...... 9889 1214...... 11648 13265 (Amended by FEDREGTOC (Daily Federal Register Table of Contents Electronic EO 13824)...... 8923 Mailing List) is an open e-mail service that provides subscribers 9 CFR 13545 (Revoked by with a digital form of the Federal Register Table of Contents. The EO 13824)...... 8923 101...... 11139 digital form of the Federal Register Table of Contents includes 13824...... 8923 114...... 11139 HTML and PDF links to the full text of each document. 13825...... 9889 To join or leave, go to https://public.govdelivery.com/accounts/ 13826...... 10771 10 CFR USGPOOFR/subscriber/new, enter your email address, then 13827...... 12469 Proposed Rules: follow the instructions to join, leave, or manage your Administrative Orders: 72...... 12504 subscription. Notices: Ch. I...... 10407, 11154 PENS (Public Law Electronic Notification Service) is an e-mail Notice of March 2, service that notifies subscribers of recently enacted laws. 2018 ...... 9413 11 CFR Notice of March 2, To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 1...... 10357 2018 ...... 9415 and select Join or leave the list (or change settings); then follow Proposed Rules: Notice of March 2, the instructions. 100...... 12864 2018 ...... 9417 110...... 12864 FEDREGTOC and PENS are mailing lists only. We cannot Notice of March 12, 113...... 12283 respond to specific inquiries. 2018 ...... 11393 Reference questions. Send questions and comments about the Notice of March 27, 12 CFR 2018 ...... 13371 Federal Register system to: [email protected] 201...... 13103 Notice of March 27, The Federal Register staff cannot interpret specific documents or 204...... 13104 2018 ...... 13373 regulations. 265...... 9419 Memorandums: 347...... 9135 CFR Checklist. Effective January 1, 2009, the CFR Checklist no Memorandum of April 741...... 10783 longer appears in the Federal Register. This information can be 29, 2016 (Revoked 1026...... 10553 found online at http://bookstore.gpo.gov/. by EO 13826)...... 10771 Ch. XI...... 9135 Memorandum of Proposed Rules: FEDERAL REGISTER PAGES AND DATE, MARCH February 20, 2018 ...... 9681 Memorandum of March 210...... 11431 701...... 12283 8743–8922...... 1 11845–12112...... 19 22, 2018 ...... 13099 Ch. X ...... 12286, 12881 8923–9134...... 2 Memorandum of March 12113–12242...... 20 1081...... 12505 9135–9418...... 5 12243–12470...... 21 23, 2018 ...... 13367 Orders: 1290...... 11344 9419–9682...... 6 12471–12656...... 22 1291...... 11344 9683–9792...... 7 12657–12848...... 23 Order of March 12, 2018 ...... 11631 9793–10356...... 8 12849–13096...... 26 13 CFR 10357–10552...... 9 13097–13182...... 27 7 CFR 121...... 12849 10553–10774...... 12 13183–13374...... 28 3...... 11129 125...... 12849 10775–11128...... 13 13375–13624...... 29 205...... 10775 126...... 12849 11129–11394...... 14 318...... 11845 127...... 12849 11395–11632...... 15 319 ...... 11395, 11845, 13375 Proposed Rules: 11633–11844...... 16 330...... 11845 121...... 12506

VerDate Sep 11 2014 21:22 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\29MRCU.LOC 29MRCU daltland on DSKBBV9HB2PROD with FRONT MATTER CU ii Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Reader Aids

14 CFR 18 CFR 4041...... 9716 34 CFR 1...... 9162 11...... 10568 4043...... 9716 230...... 9207 21...... 9162 35...... 9580, 9636 4044...... 9716 Ch. VI...... 10619 23...... 9176, 11634 157...... 9697 30 CFR 25 ...... 9162, 10559, 12247, 801...... 11875 36 CFR 12249, 12251, 12252 Proposed Rules: 550...... 8930 7...... 8940 26...... 9162 154...... 12888 553...... 8930 1258...... 11145 27...... 9162, 9419 260...... 12888 723...... 10611 Proposed Rules: 29...... 9419 284...... 12888 724...... 10611 2...... 8959 34...... 9162 845...... 10611 7...... 11650 39 ...... 8743, 8745, 8927, 9178, 20 CFR 846...... 10611 242...... 12689 9424, 9683, 9685, 9688, 404...... 11143 Proposed Rules: 1007...... 9459 9692, 9793, 9795, 9797, 57...... 12904 1008...... 9459 9801, 9811, 10358, 10360, 21 CFR 70...... 12904 1009...... 9459 10563, 10565, 11397, 11399, 1...... 12483 72...... 12904 1011...... 9459 11404, 11871, 11873, 12659, 4...... 12259 75...... 12904 12852, 13380, 13383, 13387, 5...... 13105 904...... 10646 37 CFR 13395, 13398, 13401 10...... 13415 938...... 10647 Proposed Rules: 43...... 9162 201...... 11639 201...... 9824 45...... 9162 573...... 8929 31 CFR 60...... 9162 801...... 11639 50...... 11876 38 CFR 61...... 9162 864...... 11143 501...... 11876 9...... 10622 63...... 9162 872...... 11144 510...... 9182 17...... 9208 65...... 9162 878...... 9698 535...... 11876 36...... 8945 71 ...... 9181, 9813, 9814, 9816, 1100...... 11639 536...... 11876 42...... 8945 11407, 11408, 11409, 11411, 1140...... 13183 538...... 11876 12473, 13404 1308...... 10367 539...... 11876 39 CFR 73...... 10784, 12113 Proposed Rules: 541...... 11876 111...... 10624 91 ...... 9162, 10567, 12856 Ch. I ...... 13440 542...... 11876 265...... 9433 93...... 13410 4...... 12292 544...... 11876 3020...... 10370 97 ...... 9162, 10363, 10365, 73...... 9715 546...... 11876 13411, 13414 101...... 8953 547...... 11876 40 CFR 107...... 9162 117...... 12143 548...... 11876 49...... 13190 110...... 9162 507...... 12143 549...... 11876 51...... 10376, 12260 119...... 9162 573...... 10645 560...... 11876 52 ...... 8750, 8752, 8756, 9213, 121...... 9162, 12474 1100...... 12294, 12901 561...... 11876 9435, 9438, 10626, 10788, 125...... 9162 1130...... 11818 566...... 11876 10791, 10796, 11884, 11887, 129...... 9162 1140...... 12294, 12901 576...... 11876 12486, 12488, 12491, 12493, 133...... 9162 1143...... 12294, 12901 584...... 11876 12496, 12669, 12673, 12677, 135...... 9162 588...... 11876 13190, 13192, 13196, 13198 22 CFR 137...... 9162 592...... 11876 60...... 10628 141...... 9162 Proposed Rules: 594...... 11876 62 ...... 11416, 11418, 13111 142...... 9162 1304...... 11922 595...... 11876 63...... 9215, 12118 145...... 9162 597...... 11876 81 ...... 8756, 10796, 13198 25 CFR 183...... 9162 598...... 11876 82...... 9703 Proposed Rules: Proposed Rules: 1010...... 11876 180 .....8758, 9440, 9442, 9703, 39 ...... 8807, 8810, 8951, 9238, 273...... 12301 Proposed Rules: 11420, 12260, 12265, 12269 9818, 9820, 10408, 10411, 538...... 12513 271...... 10383 10415, 10809, 11903, 12508, 26 CFR 560...... 12513 300...... 12501 13436 1...... 10785, 13183 Proposed Rules: 71 ...... 9242, 9243, 9451, 9452, 801...... 9700 33 CFR 52 ...... 8814, 8818, 8822, 8961, 9822, 10644, 11443, 11445, Proposed Rules: 100...... 11881, 12114 10650, 10652, 10813, 11155, 11446, 12289, 12290, 12511, 301...... 10811, 13206 101...... 12086 11927, 11933, 11944, 11946, 12688, 12883, 12885, 12887, 104...... 12086 12514, 12516, 12522, 12694, 13438 27 CFR 105...... 12086 12905, 13457 15 CFR Proposed Rules: 117 .....8747, 8748, 8933, 8936, 61...... 12917 447...... 13442 8937, 9204, 9429, 9430, 62...... 11652 705...... 12106 478...... 13442 9431, 9432, 9824, 10617, 63 ...... 9254, 11314, 12917 744...... 12475 479...... 13442 10785, 11145, 11415, 11642, 79...... 13460 Proposed Rules: 11643 81...... 10814 922...... 8812 28 CFR 120...... 12086 174...... 8827 Proposed Rules: 128...... 12086 180 ...... 9471, 11448, 12311 16 CFR 16...... 13208 165 ...8748, 8938, 9205, 10368, 257...... 11584 Ch. II ...... 12254 10786, 11644, 11646, 11883, 260...... 11654 Proposed Rules: 29 CFR 12115, 12117, 12662, 12665, 261...... 11654 Ch. II ...... 10418 1910...... 9701, 11413 13106, 13108, 13109, 13185, 264...... 11654 1915...... 9701 13189 265...... 11654 17 CFR 1926...... 9701 401...... 12485 268...... 11654 143...... 9426 4022...... 11413 402...... 12667 270...... 11654 232...... 11637 4044...... 11413 Proposed Rules: 273...... 11654 274...... 11637 Proposed Rules: 100 ....8955, 8957, 9454, 12303 Proposed Rules: 101...... 11649 117...... 10648, 12305 42 CFR 200...... 13008 102...... 11649 147...... 12144 Proposed Rules: 242...... 13008 4001...... 9716 165 .....9245, 9247, 9249, 9252, 84...... 12527 274...... 11905 4022...... 9716 9456, 10419, 11649, 12307 447...... 12696

VerDate Sep 11 2014 21:36 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\29MRCU.LOC 29MRCU daltland on DSKBBV9HB2PROD with FRONT MATTER CU Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Reader Aids iii

44 CFR 74...... 13463 6101...... 13211 50 CFR 64...... 10638, 13416 76...... 13463 6102...... 13211 91...... 12275 Proposed Rules: 48 CFR 49 CFR 300 ...... 10390, 12113, 13080, 9...... 9473 13090, 13203 Appendix I to Ch. 2 ...... 12681 225...... 9219 622 ...... 12280, 12281, 13426 45 CFR 211...... 12681 395...... 12685 635 ...... 8946, 9232, 10802, Proposed Rules: 213...... 12681 1102...... 9222 12141 219...... 12681 1355...... 11449, 11450 Proposed Rules: 648 ...... 8764, 10803, 11146, 242...... 12681 107...... 12529, 13464 11428, 12502, 12706, 12857 46 CFR 245...... 12681 171...... 12529, 13464 660...... 11146, 13428 4...... 11889 252...... 12681 172...... 12529, 13464 679 .....8768, 9235, 9236, 9713, 752...... 9712 173...... 12529, 13464 10406, 10807, 11152, 11153, 47 CFR 816...... 10643 174...... 12529, 13464 11429, 11646, 12281, 13115, 10...... 10800 828...... 10643, 10801 177...... 12529, 13464 13205, 13431 15...... 10640, 10641 852...... 10643 178...... 12529, 13464 25...... 11146 1816...... 13113 179...... 12529, 13464 Proposed Rules: 54 ...... 10800, 13417, 13590 1832...... 13113 180...... 12529, 13464 17...... 11162, 11453 64...... 11422 1852...... 13113 Ch. III Sub. Ch. B...... 12933 100...... 12689 73...... 12274, 12680 Proposed Rules: 1515...... 11667 218...... 9366, 10954 74...... 10640, 10641 9...... 12318 1520...... 11667 300...... 13466 Proposed Rules: 801...... 12922 1522...... 11667 622...... 11164, 12326 15...... 13463 811...... 12922 1540...... 11667 635...... 9255, 12332 36...... 10817 832...... 12922 1542...... 11667 648 ...... 11474, 11952, 12531, 54...... 8962, 11452 852...... 12922 1544...... 11667 12551 73 ...... 8828, 12313, 13463 870...... 12922 1550...... 11667 679...... 9257, 13117

VerDate Sep 11 2014 21:22 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\29MRCU.LOC 29MRCU daltland on DSKBBV9HB2PROD with FRONT MATTER CU iv Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Reader Aids

Office, Washington, DC 20402 S. 188/P.L. 115–158 enacted public laws. To (phone, 202–512–1808). The Eliminating Government-funded subscribe, go to http:// LIST OF PUBLIC LAWS text will also be made Oil-painting Act (Mar. 27, listserv.gsa.gov/archives/ 2018; 132 Stat. 1242) This is a continuing list of available on the Internet from publaws-l.html public bills from the current GPO’s Federal Digital System S. 324/P.L. 115–159 (FDsys) at http://www.gpo.gov/ session of Congress which State Veterans Home Adult Note: This service is strictly fdsys. Some laws may not yet Day Health Care Improvement have become Federal laws. for E-mail notification of new be available. Act of 2017 (Mar. 27, 2018; This list is also available laws. The text of laws is not online at http:// 132 Stat. 1244) Last List March 28, 2018 available through this service. www.archives.gov/federal- H.R. 2154/P.L. 115–157 register/laws. PENS cannot respond to specific inquiries sent to this To rename the Red River The text of laws is not address. Valley Agricultural Research Public Laws Electronic published in the Federal Notification Service Register but may be ordered Center in Fargo, North in ‘‘slip law’’ (individual Dakota, as the Edward T. (PENS) pamphlet) form from the Schafer Agricultural Research Superintendent of Documents, Center. (Mar. 27, 2018; 132 PENS is a free electronic mail U.S. Government Publishing Stat. 1241) notification service of newly

VerDate Sep 11 2014 21:22 Mar 28, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\29MRCU.LOC 29MRCU daltland on DSKBBV9HB2PROD with FRONT MATTER CU